Terms of Service
EZApartmentRentals.com provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You should review these TOS from time to time to keep yourself informed of any amendments or additions. In addition, when using particular EZApartmentRentals.com services, you and EZApartmentRentals.com shall be subject to any posted guidelines or rules applicable to such services which may be posted on this web site from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. By accessing and using this Web site you are deemed to have read, understood and agreed with the terms and conditions as set out herein.
2. DESCRIPTION OF SERVICE
EZApartmentRentals.com
will provide users with access to online services to help enrich
the process of relocating which includes, but is not limited
to, home buying and selling services, moving, home financing,
insurance and travel. The Services accessed through this Web
site are available only in those provinces, territories, and
states in the United States of America, Canada and other parts
of the World where they may be legally offered by EZApartmentRentals.com.
EZApartmentRentals.com does not offer these Services where they
conflict with any state, local or federal law.
If, in order to use the Service, you must obtain access to the World Wide Web, then you must pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem, if nrcessary.
4.relo_guide PRIVACY POLICY
Registration Data and
certain other information about you is subject to our
Privacy
Policy.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
If you
receive a password and account designation upon completing any
registration forms, you are responsible for maintaining its
confidentiality and fully responsible for all activities that
occur under your password or account. You agree to (a) immediately
notify EZApartmentRentals.com of any unauthorized use of your
password or account or any other breach of security, and (b)
ensure that you exit from your account at the end of each session.
EZApartmentRentals.com cannot and will not be liable for any
loss or damage arising from your failure to comply with this
Section 5.
6. VISITOR CONDUCT
You understand that all information,
data, text, software, music, sound, photographs, graphics, video,
messages, or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility
of the person or organization from which such Content originated.
This means that you, and notrelo_guide, are entirely responsible
for all Content and Services that you upload, post, email, or
otherwise transmit via the Service. You understand that by using
the Service, you may be exposed to Content and Services that
may be offensive, indecent, or objectionable. Under no circumstances
will EZApartmentRentals.com be liable in any way for Content.
This includes, but is not limited to any errors or omissions
in any Content and any loss or damage of any kind incurred as
a result of the use of any Content posted, emailed, or otherwise
transmitted via the Service.
a. |
Upload, post, email or otherwise transmit any Content
that is unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful,
or racially, ethnically, or otherwise objectionable;
|
b. |
Harm minors in any way;
|
c. |
Impersonate any person or entity, including, but
not limited to, a EZApartmentRentals.com official,
forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person
or entity;
|
d. |
Forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content transmitted
through the Service;
|
e. |
Upload, post, email, or otherwise transmit any Content
that you do not have a right to transmit under any
law or under contractual or fiduciary relationships
(such as inside information, or proprietary and
confidential information learned or disclosed as
part of employment relationships or under nondisclosure
agreements);
|
f. |
Upload, post, email, or otherwise transmit any Content
that infringes any patent, trademark, trade secret,
copyright, or other proprietary rights ("Rights")
of any party;
|
g. |
Upload, post, email, or otherwise transmit any unsolicited
or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation,
except in those areas that are designated for such
purpose;
|
h. |
Upload, post, email, or otherwise transmit any material
that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy,
or limit the functionality of any computer software
or hardware or telecommunications equipment;
|
i. |
Disrupt the normal flow of dialogue, cause a screen
to "scroll" faster than other users of
the Service are able to type, or otherwise act in
a manner that negatively affects other users' ability
to engage in real time exchanges;
|
j. |
Interfere with or disrupt the Service or servers
or networks connected to the Service, or disobey
any requirements, procedures, policies, or regulations
of networks connected to the Service;
|
k. |
Intentionally or unintentionally violate any applicable
local, state, national, or international law including,
but not limited to, regulations promulgated by the
U.S. Securities and Exchange Commission, and any
rules of any national or other securities exchange,
including, without limitation, the New York Stock
Exchange, the American Stock Exchange or the NASDAQ,
and any regulations having the force of law;
|
l. |
"Stalk" or otherwise harass another; or
|
m. |
Collect or store personal data about other users.
|
You acknowledge that EZApartmentRentals.com does not pre-screen Content, but that EZApartmentRentals.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse, remove, or move any Content that is available via the Service. Without limiting the foregoing, EZApartmentRentals.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing
the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data exported from the United
States or the country in which you reside.
8. INDEMNITY
You agree to indemnify and holdrelo_guide,
and its subsidiaries, affiliates, officers, agents, co-branders
or other partners, and employees harmless from any claim or
demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content you submit, post to,
or transmit through the Service, out of your use of the Service,
out of your connection to the Service, out of your violation
of the TOS, or out of your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce,
duplicate, copy, sell, resell, or exploit for any commercial
purposes, any portion of the Service, use of the Service, or
access to the Service.
10. MODIFICATIONS TO SERVICE
EZApartmentRentals.com
reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or
any part thereof) with or without notice. You agree that EZApartmentRentals.com
shall not be liable to you or to any third party for any modification,
suspension, or discontinuance of the Service.
11. TERMINATION
You agree thatrelo_guide, in its
sole discretion, may terminate your password, account (or any
part thereof), or use of the Service, and may remove and discard
any Content within the Service, for any reason including, without
limitation, for lack of use or if EZApartmentRentals.com believes
that you have violated or acted inconsistently with the letter
or spirit of the TOS. EZApartmentRentals.com may also in its
sole discretion and at any time discontinue providing the Service,
or any part thereof, with or without notice. You agree that
any termination of your access to the Service under any provision
of this TOS may be effected without prior notice, and you acknowledge
and agree thatrelo_guide may immediately deactivate or delete
your account and all related information and files in your account
and/or bar any further access to such files or the Service.
Further, you agree that EZApartmentRentals.com shall not be
liable to you or to any third-party for any termination of your
access to the Service.
12. DEALINGS WITH ADVERTISERS
Your correspondence
or business dealings with, or participation in promotions of,
advertisers found on or through the Service, including payment
and delivery of related goods or services, and any other terms,
conditions, warranties, or representations associated with such
dealings, are solely between you and such advertisers. You agree
that EZApartmentRentals.com shall not be responsible or liable
for any loss or damage of any sort incurred as the result of
any such dealings or as the result of the presence of such advertisers
on the Service.
13. LINKS
The Service or third parties may provide
links to other Internet, World Wide Web or Wireless sites or
resources. Becauserelo_guide has no control over such sites
and resources, you acknowledge and agree thatrelo_guide is not
responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any
Content, advertising, products, or other materials on or available
from such sites or resources. You further acknowledge and agree
that EZApartmentRentals.com shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or reliance on
any such Content, goods or services available on or through
any such site or resource.
14.relo_guide'S PROPRIETARY RIGHTS
You acknowledge
and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge
and agree that Content contained in sponsor advertisements or
information presented to you through the Service or advertisers
is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Except as expressly authorized
by EZApartmentRentals.com or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute, or create derivative works
based on the Service or the Software, in whole or in part. EZApartmentRentals.com
grants you a personal, non-transferable, and non-exclusive right
and license to use the object code of its Software on a single
computer and or wireless device; provided that you do not (and
do not allow any third party to) copy, modify, create a derivative
work of, reverse engineer, reverse assemble, or otherwise attempt
to discover any source code and provided that you do not (and
do not allow any third party to) sell, assign, sublicense, grant
a security interest in or otherwise transfer any right in the
Software. You agree not to modify the Software in any unauthorized
manner or form or to use modified versions of the Software,
including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access
the Service by any means other than through the interface that
is authorized by or provided by EZApartmentRentals.com for use
in accessing the Service.
15. FEE INFORMATION
Any and all incentives resulting
or arising out of the use of this Service are only payable upon
the completion of a transaction contemplated by the referral
and completion of all obligations to all parties by the referral
agent. In the event the agent does not honor all legal obligations
torelo_guide, then the resulting incentive payment to you as
a consumer will not be paid. In the event costs are incurred
with respect to the completion of any outstanding monetary obligation
on the part of the referral agent, then the resulting incentive
payment to you, as the consumer, will be paid net of any such
incurred costs.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND
AND AGREE THAT:
a. |
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. EZApartmentRentals.com EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT.
|
b. |
EZApartmentRentals.com MAKES NO WARRANTY THAT (i)
THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, HOMES, REAL ESTATE OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN
THE SOFTWARE WILL BE CORRECTED.
|
c. |
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION
AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
|
d. |
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM EZApartmentRentals.com OR THROUGH
OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
|
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND
AND AGREE THAT EZApartmentRentals.com SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF EZApartmentRentals.com HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION,
OR SERVICES PURCHASED 1. ACCEPTANCE OF TERMS
EZApartmentRentals.com
provides its service to you subject to the following Terms of
Service ("TOS"), which may be updated by us from time
to time without notice to you. You should review these TOS from
time to time to keep yourself informed of any amendments or
additions. In addition, when using particular EZApartmentRentals.com
services, you and EZApartmentRentals.com shall be subject to
any posted guidelines or rules applicable to such services which
may be posted on this web site from time to time. All such guidelines
or rules are hereby incorporated by reference into the TOS.
By accessing and using this Web site you are deemed to have
read, understood and agreed with the terms and conditions as
set out herein.
2. DESCRIPTION OF SERVICE
EZApartmentRentals.com
will provide users with access to online services to help enrich
the process of relocating which includes, but is not limited
to, home buying and selling services, moving, home financing,
insurance and travel. The Services accessed through this Web
site are available only in those provinces, territories, and
states in the United States of America, Canada and other parts
of the World where they may be legally offered by EZApartmentRentals.com.
EZApartmentRentals.com does not offer these Services where they
conflict with any state, local or federal law.
If, in order to use the Service, you must obtain access to the World Wide Web, then you must pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem, if nrcessary.
4.relo_guide PRIVACY POLICY
Registration Data and
certain other information about you is subject to our
Privacy
Policy.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
If you
receive a password and account designation upon completing any
registration forms, you are responsible for maintaining its
confidentiality and fully responsible for all activities that
occur under your password or account. You agree to (a) immediately
notify EZApartmentRentals.com of any unauthorized use of your
password or account or any other breach of security, and (b)
ensure that you exit from your account at the end of each session.
EZApartmentRentals.com cannot and will not be liable for any
loss or damage arising from your failure to comply with this
Section 5.
6. VISITOR CONDUCT
You understand that all information,
data, text, software, music, sound, photographs, graphics, video,
messages, or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility
of the person or organization from which such Content originated.
This means that you, and notrelo_guide, are entirely responsible
for all Content and Services that you upload, post, email, or
otherwise transmit via the Service. You understand that by using
the Service, you may be exposed to Content and Services that
may be offensive, indecent, or objectionable. Under no circumstances
will EZApartmentRentals.com be liable in any way for Content.
This includes, but is not limited to any errors or omissions
in any Content and any loss or damage of any kind incurred as
a result of the use of any Content posted, emailed, or otherwise
transmitted via the Service.
a. |
Upload, post, email or otherwise transmit any Content
that is unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful,
or racially, ethnically, or otherwise objectionable;
|
b. |
Harm minors in any way;
|
c. |
Impersonate any person or entity, including, but
not limited to, a EZApartmentRentals.com official,
forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person
or entity;
|
d. |
Forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content transmitted
through the Service;
|
e. |
Upload, post, email, or otherwise transmit any Content
that you do not have a right to transmit under any
law or under contractual or fiduciary relationships
(such as inside information, or proprietary and
confidential information learned or disclosed as
part of employment relationships or under nondisclosure
agreements);
|
f. |
Upload, post, email, or otherwise transmit any Content
that infringes any patent, trademark, trade secret,
copyright, or other proprietary rights ("Rights")
of any party;
|
g. |
Upload, post, email, or otherwise transmit any unsolicited
or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation,
except in those areas that are designated for such
purpose;
|
h. |
Upload, post, email, or otherwise transmit any material
that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy,
or limit the functionality of any computer software
or hardware or telecommunications equipment;
|
i. |
Disrupt the normal flow of dialogue, cause a screen
to "scroll" faster than other users of
the Service are able to type, or otherwise act in
a manner that negatively affects other users' ability
to engage in real time exchanges;
|
j. |
Interfere with or disrupt the Service or servers
or networks connected to the Service, or disobey
any requirements, procedures, policies, or regulations
of networks connected to the Service;
|
k. |
Intentionally or unintentionally violate any applicable
local, state, national, or international law including,
but not limited to, regulations promulgated by the
U.S. Securities and Exchange Commission, and any
rules of any national or other securities exchange,
including, without limitation, the New York Stock
Exchange, the American Stock Exchange or the NASDAQ,
and any regulations having the force of law;
|
l. |
"Stalk" or otherwise harass another; or
|
m. |
Collect or store personal data about other users.
|
You acknowledge that EZApartmentRentals.com does not pre-screen Content, but that EZApartmentRentals.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse, remove, or move any Content that is available via the Service. Without limiting the foregoing, EZApartmentRentals.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing
the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data exported from the United
States or the country in which you reside.
8. INDEMNITY
You agree to indemnify and holdrelo_guide,
and its subsidiaries, affiliates, officers, agents, co-branders
or other partners, and employees harmless from any claim or
demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content you submit, post to,
or transmit through the Service, out of your use of the Service,
out of your connection to the Service, out of your violation
of the TOS, or out of your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce,
duplicate, copy, sell, resell, or exploit for any commercial
purposes, any portion of the Service, use of the Service, or
access to the Service.
10. MODIFICATIONS TO SERVICE
EZApartmentRentals.com
reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or
any part thereof) with or without notice. You agree that EZApartmentRentals.com
shall not be liable to you or to any third party for any modification,
suspension, or discontinuance of the Service.
11. TERMINATION
You agree thatrelo_guide, in its
sole discretion, may terminate your password, account (or any
part thereof), or use of the Service, and may remove and discard
any Content within the Service, for any reason including, without
limitation, for lack of use or if EZApartmentRentals.com believes
that you have violated or acted inconsistently with the letter
or spirit of the TOS. EZApartmentRentals.com may also in its
sole discretion and at any time discontinue providing the Service,
or any part thereof, with or without notice. You agree that
any termination of your access to the Service under any provision
of this TOS may be effected without prior notice, and you acknowledge
and agree thatrelo_guide may immediately deactivate or delete
your account and all related information and files in your account
and/or bar any further access to such files or the Service.
Further, you agree that EZApartmentRentals.com shall not be
liable to you or to any third-party for any termination of your
access to the Service.
12. DEALINGS WITH ADVERTISERS
Your correspondence
or business dealings with, or participation in promotions of,
advertisers found on or through the Service, including payment
and delivery of related goods or services, and any other terms,
conditions, warranties, or representations associated with such
dealings, are solely between you and such advertisers. You agree
that EZApartmentRentals.com shall not be responsible or liable
for any loss or damage of any sort incurred as the result of
any such dealings or as the result of the presence of such advertisers
on the Service.
13. LINKS
The Service or third parties may provide
links to other Internet, World Wide Web or Wireless sites or
resources. Becauserelo_guide has no control over such sites
and resources, you acknowledge and agree thatrelo_guide is not
responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any
Content, advertising, products, or other materials on or available
from such sites or resources. You further acknowledge and agree
that EZApartmentRentals.com shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or reliance on
any such Content, goods or services available on or through
any such site or resource.
14.relo_guide'S PROPRIETARY RIGHTS
You acknowledge
and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge
and agree that Content contained in sponsor advertisements or
information presented to you through the Service or advertisers
is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Except as expressly authorized
by EZApartmentRentals.com or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute, or create derivative works
based on the Service or the Software, in whole or in part. EZApartmentRentals.com
grants you a personal, non-transferable, and non-exclusive right
and license to use the object code of its Software on a single
computer and or wireless device; provided that you do not (and
do not allow any third party to) copy, modify, create a derivative
work of, reverse engineer, reverse assemble, or otherwise attempt
to discover any source code and provided that you do not (and
do not allow any third party to) sell, assign, sublicense, grant
a security interest in or otherwise transfer any right in the
Software. You agree not to modify the Software in any unauthorized
manner or form or to use modified versions of the Software,
including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access
the Service by any means other than through the interface that
is authorized by or provided by EZApartmentRentals.com for use
in accessing the Service.
15. FEE INFORMATION
Any and all incentives resulting
or arising out of the use of this Service are only payable upon
the completion of a transaction contemplated by the referral
and completion of all obligations to all parties by the referral
agent. In the event the agent does not honor all legal obligations
torelo_guide, then the resulting incentive payment to you as
a consumer will not be paid. In the event costs are incurred
with respect to the completion of any outstanding monetary obligation
on the part of the referral agent, then the resulting incentive
payment to you, as the consumer, will be paid net of any such
incurred costs.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND
AND AGREE THAT:
a. |
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. EZApartmentRentals.com EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT.
|
b. |
EZApartmentRentals.com MAKES NO WARRANTY THAT (i)
THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, HOMES, REAL ESTATE OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN
THE SOFTWARE WILL BE CORRECTED.
|
c. |
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION
AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
|
d. |
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM EZApartmentRentals.com OR THROUGH
OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
|
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND
AND AGREE THAT EZApartmentRentals.com SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF EZApartmentRentals.com HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION,
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE SERVICE.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND
16 MAY NOT APPLY TO YOU.
19. NOTICE
Notices to you may be made via either
email or regular mail. The Service may also provide notices
of changes to the TOS or other matters by displaying notices
or links to notices to you generally on the Service.
20. TRADEMARK INFORMATION
The EZApartmentRentals.com
logo, trademarks and service marks, icons, and other EZApartmentRentals.com
logos and product and service names are service marks of Suncastle
Enterprises, Inc. (the "EZApartmentRentals.com Marks").
Withoutrelo_guide's prior permission, you agree not to display
or use in any manner the EZApartmentRentals.com Marks.
21. GENERAL INFORMATION
The TOS constitute the
entire agreement between you and EZApartmentRentals.com and
govern your use of the Service, superceding any prior agreements
between you and EZApartmentRentals.com. You also may be subject
to additional terms and conditions that may apply when you use
affiliate services, third-party content, or third-party software.
The TOS and the relationship between you and EZApartmentRentals.com
shall be governed by the laws of the State of Arizona without
regard to its conflict of law provisions. You and EZApartmentRentals.com
agree to submit to the personal and exclusive jurisdiction of
the courts located within the county of Pima, Arizona. The failure
of EZApartmentRentals.com to exercise or enforce any right or
provision of the TOS shall not constitute a waiver of such right
or provision. If any provision of the TOS is found by a court
of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions
of the TOS remain in full force and effect. You agree that regardless
of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Service or the
TOS must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.