LAST UPDATE: 2010-02-18
1. Acceptance
of Terms
These Terms of Use (the “Terms”) apply to all users of RentAResource
(the “Website”),
and to all products, services, resources, information, materials and other content
available on the Website (which we collectively refer to in these Terms as the “Content”).
THESE TERMS CONTAIN CERTAIN INDEMNITIES, LIMITATIONS
OF LIABILITY AND RESTRICTED WARRANTIES.
These Terms incorporate by reference the RentAResource Inc.
Privacy Policy
.
BY ACCESSING THE WEBSITE, YOU ARE DEEMED BY US TO HAVE READ, UNDERSTOOD AND AGREED
TO BE BOUND BY AND TO COMPLY WITH THESE TERMS.
IF YOU DO NOT AGREE WITH THESE TERMS, YOUR SOLE REMEDY IS TO DISCONTINUE
YOUR USE OF THE WEBSITE.
2.
Electronic Communications
When you visit the Website or any
pages thereof, send e-mails to RentAResource Inc., or submit information to RentAResource
Inc., you are communicating electronically.
You consent to receive communications from RentAResource Inc. electronically. RentAResource Inc. will communicate
with you by e-mail or by posting notices on this Website.
You agree that all agreements, notices, disclosures and other communications
that RentAResource Inc. provides to you electronically satisfies any legal requirement
that such communications be in writing.
3.
Copyright
Copyright © 2010, RentAResource Inc..
All Rights Reserved.
All Content on this Website, including, without limitation, text, documents, notes,
case studies, brochures, graphics, logos, button icons, images, design elements,
products, software, text, audio, music, and all other materials originated or used
by us at the Website, is the property of RentAResource Inc. or its content suppliers
and protected by Canadian laws and international treaties.
The compilation of all Content on this Website is the exclusive property
of RentAResource Inc. and protected by Canadian law and international treaties. You may not modify, copy, reproduce,
publish, upload, post, transmit, distribute, or commercially exploit in any way
any Content.
RentAResource Inc. will not accept or consider creative ideas, suggestions or materials
other than those it has specifically requested.
Accordingly, we ask that you do not send us any such materials.
If, despite this request, you do send us creative materials or other information,
you agree not to assert any ownership right of any kind in your submission (including,
but not limited to copyright, trademark, unfair competition, moral rights, or implied
contract) and you waive the right to receive any financial or other consideration
in connection with such unsolicited submission including, but not limited to, credit. Any feedback provided to us regarding
the Website or its Content may be used by us without restriction or accounting to
you, including our utilization of such feedback in products, services or marketing
or other collateral.
4.
Trademarks
RentAResource™ and the RentAResource Inc.
logo are trademarks of RentAResource Inc. and may be registered in certain jurisdictions. Other RentAResource Inc. graphics, logos,
page headers, button icons, scripts, product names, and service names are trademarks
or trade dress of RentAResource Inc..
All other trademarks not owned by RentAResource Inc. that appear on this site are
the property of their respective owners, who may or may not be affiliated with,
connected to, or sponsored by RentAResource Inc..
The display of trademarks and trade names on this site does not convey or
create any license or other rights in these marks or names.
Any use of them is strictly prohibited.
All Rights Reserved.
5.
License and Site
Access
RentAResource Inc. grants you a limited license to access and make personal use
of this Website but not to download its Contents (other than page caching). This license does NOT include and expressly
prohibits: (i) any resale or commercial use of this Website or its Content; (ii)
any collection or use of any product listings, descriptions, or prices; (iii) any
derivative use of this Website or its Content; or (iv) any use of data mining, robots,
spiders, or similar data gathering and extraction tools.
This Website or any portion of this Website may not be reproduced, duplicated,
copied, sold or otherwise exploited for any commercial purpose.
You may not frame or utilize framing techniques to enclose any trademark,
logo, or other proprietary information (including images, text, page layout, or
form) of RentAResource Inc. without our express prior written consent.
You may not use any meta-tags or any other "hidden text" utilizing
RentAResource Inc.’s name or trademarks without the express written consent of RentAResource
Inc.. Any unauthorized use terminates
the permission or license granted by RentAResource Inc..
6.
Additional Terms
Your use of certain resources made available on the Website or your participation
in certain transactions on the Website (such as on-line purchases) may be subject
to additional terms and conditions, which we will make available to you prior to
or at the time you access these resources or conduct these transactions.
7.
Your Account
In the event you create or are provided with an account in order to utilize certain
restricted portions of the Website, in consideration of permitting you access to
such portions of this Website (the “Service”), you agree to: (a) provide
true, accurate, current and complete information about yourself as prompted by the
Service's registration form (such information being the "Registration
Data"); and (b) maintain and promptly update the Registration Data
to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or
incomplete or RentAResource Inc. has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, RentAResource Inc. has the right
to suspend or terminate your account and refuse any and all current or future use
of the Service (or any portion thereof).
If you use the Service, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer, and you
agree to accept responsibility for all activities that occur under your account
or password.
8.
Product Descriptions
RentAResource Inc. attempts to be as accurate as possible.
However, RentAResource Inc. does not warrant that product descriptions or
Content of this site is accurate, complete, reliable, current, or error-free.
9.
Third Party Sites
and Products
RentAResource Inc. may provide links to various third party websites solely as a
convenience for our users and these terms DO NOT apply to such sites.
These sites are not under RentAResource Inc.’s control or direction and RentAResource
Inc. has not reviewed them. RentAResource
Inc. does not endorse or sponsor, and is not responsible or liable for, the contents,
products or services available at any such linked site or the practices of these
websites (including without limitation, their privacy and data gathering policies
and practices). You assume all risk
of use thereof.
From time to time RentAResource Inc. may offer third party products and services
for purchase by users. These products
and services are subject to the policies, representations and warranties that those
third parties generally provide to their customers with respect to such products
and services and RentAResource Inc. provides no representations or warranties whatsoever
regarding them.
10.
Disclaimer of Warranties and Limitation
of Liability
THIS WEBSITE IS PROVIDED BY RentAResource
Inc.
ON
AN "AS IS" AND "AS AVAILABLE" BASIS.
RentAResource Inc. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR ITS CONTENT.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE
LAW, RentAResource Inc. AND RentAResource Inc.’s SUPPLIERS DISCLAIM ALL WARRANTIES,
CONDITIONS OR REPRESENTATIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE,
OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE AS TO THE WEBSITE
OR THE CONTENT OF THE WEBSITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT.
IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, RentAResource Inc. DOES NOT WARRANT
THAT THIS WEBSITE, ITS SERVERS, THE CONTENT, OR E-MAIL SENT FROM RentAResource Inc.
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PRODUCTS OR SERVICES
PURCHASED FROM THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR PROVIDE
ANY PARTICULAR RESULTS.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL RentAResource
Inc., ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS,
OFFICERS OR EMPLOYEES, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE,
EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING
BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN
IF RentAResource Inc. OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL RentAResource
Inc., ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS,
OFFICERS OR EMPLOYEES, BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: VIRUSES,
DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS
SERVICE PROVIDERS; LINKS TO THIRD PARTY WEBSITES; THE INTERNET BACKBONE; PERSONAL
INJURY; THIRD PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY YOU;
LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES,
ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT;
ANY OTHER WEBSITE ACCESSED TO OR FROM THIS WEBSITE; OR EVENTS BEYOND THE REASONABLE
CONTROL OF RentAResource Inc., EVEN IF RentAResource Inc. OR ANY OF ITS LAWFUL AGENTS
OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO CASE WILL RentAResource
Inc.’s, ITS AFFILIATES’, AGENTS’, LICENSORS’, SUPPLIERS’ AND THEIR RESPECTIVE DIRECTORS’,
OFFICERS’ AND EMPLOYEES’ CUMULATIVE TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER
(INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE,
OR OTHERWISE) BE MORE THAN THE AMOUNT PAID, IF ANY, BY YOU TO ACCESS THIS WEBSITE
OR TO OBTAIN CONTENT, SERVICES OR PRODUCTS, IN THE YEAR IN WHICH THE CLAIM AROSE.
RentAResource Inc. ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THIS WEBSITE. THE CONTENT MAY BE CHANGED WITHOUT NOTICE
TO YOU. RentAResource Inc. IS NOT RESPONSIBLE
FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. RentAResource Inc. DISCLAIMS ANY LIABILITY
FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE WEBSITE.
11.
Indemnity
You agree to indemnify and hold RentAResource Inc., and its subsidiaries, affiliates,
officers, agents, partners, directors and/or employees, harmless from any actions,
proceedings, costs, liabilities, expenses, claims or demands, including reasonable
attorneys' fees, sustained, incurred or paid by RentAResource Inc. arising directly
or indirectly in respect of: i) any information or other content you provide on
or through this Website or by e-mail or other correspondence; or ii) your use or
misuse of this Website or its Content, including, without limitation, your violation
of these Terms or your violation of any rights of another.
12.
Cooperation with Authorities
RentAResource Inc. reserves its rights to disclose any information as necessary
to satisfy any law, regulation, or governmental request or investigate suspected
violations of these Terms, including the gathering of information from the user(s)
involved and the complaining party, if any, and examination of material on RentAResource
Inc. servers and network. Violations
of these Terms may subject you to criminal or civil liability or other legal action. You consent to and authorize RentAResource
Inc., its affiliates and agents to cooperate with: (i) law enforcement authorities
or governmental agencies in the investigation of suspected violations of applicable
law; and (ii) system administrators or other Internet service providers or other
network or computing facilities to enforce these Terms.
Such cooperation may include provision of usernames, IP addresses, or other
identifying information. RentAResource
Inc. may terminate, without notice, your access and use of the Website or the purchase
of products and services from RentAResource Inc. and/or its suppliers, if, in RentAResource
Inc.’s sole discretion, you have violated these Terms.
13.
Changes
RentAResource Inc. reserves the right to change these Terms at its sole discretion
and without notice. Changes are effective
on the date they are posted (which you can determine by looking at the top of this
page). RentAResource Inc. recommends
that you print a copy of these Terms for future reference and revisit these Terms
from time to time to ensure you are aware of any changes.
Your continued use of the site signifies your acceptance of any changed Terms.
14.
Governing Law
RentAResource Inc. controls the Website (excluding third party linked sites) from
its corporate offices within the
province
of
Ontario
,
Canada
. By visiting
the Website, you agree that the laws of the Province of Ontario, Canada,
without regard to principles of conflict of laws, will govern these Terms and any
dispute of any sort that might arise between you and RentAResource Inc..
Choice of law principles and the United Nations Convention for the International
Sale of Goods and any legislation implementing such Convention are hereby expressly
excluded. RentAResource Inc. makes
no representation that the Website or Content are appropriate or available for use
in other locations. Accessing the Website
or Content from jurisdictions where they are illegal is prohibited.
If you choose to access this Website from such a jurisdiction, you do so
at your own risk and are solely responsible for compliance with all the laws of
your jurisdiction.
You agree to comply with all applicable laws, statutes, ordinances, and regulations
regarding your use of the Website and its Content and your purchase of any products
or services. The Content and/or products
and services available through the Website may be subject to Canadian export controls.
You agree to waive any right you may have to: i) a trial by jury; and ii) commence
or participate in any class action against RentAResource Inc. related to this Website,
the Content, Services or products or these Terms.
We have required that this Agreement and all documents relating thereto be
drawn-up in English. Nous avons demandé que cette convention ainsi que
tous les documents qui s’y rattachent soient rédigés en anglais.
15.
Survival
In the event of termination of your access to or use of the website or its Content,
the provisions respecting your representations, warranties and indemnities; RentAResource
Inc.’s disclaimer of warranties and limitations of liability; governing law; copyrights;
and trademarks will survive unless waived in writing by RentAResource Inc..
16.
Severance
If any provision of these Terms will be unlawful, void or for any reason unenforceable,
then that provision shall be deemed severed from these Terms, will not affect the
validity and enforceability of any remaining terms and will be deemed to be replaced
with a valid and enforceable provision most closely reflecting the intent and purpose
of the original provision. The section
titles are for convenience only. Our
failure to enforce these Terms, for whatever reason, will not be construed as a
waiver of any right to do so at any time.
17.
Basis of Bargain
The limited warranty, exclusive remedies and limited liability set out herein are
fundamental elements of the basis of the bargain between us.
We would not be able to provide the website or its associated products or
services on an economic basis without such limitations.