Welcome to www.rentUSAnow.com (the "Website"). The goals of Website are to provide access to rental housing listings, property manager listings, and property owner listings in the continental United States and related real estate information. By accessing any area of the Website, you agree to be bound by the terms and conditions set forth below.
IF YOU DO NOT AGREE TO ALL OF THE TERMS SET FORTH BELOW, PLEASE DO NOT USE THE WEBSITE
1. Definitions. For the purposes of this Agreement, the following terms shall have the following meanings:
"Member" means users of the site who have shared their email information and other contact information with www.rentUSAnow.com through the registration process in the site.
"Property Manager" means a legally licensed property manager who manages properties on behalf of clients, in accordance with the rules and regulations of the state in which the property manager operates.
"Property Owner" means the legal owner of a property, pursuant to a title deed, recorded in the state and county in which the property is located.
"rentUSAnow", "We", "Us", "Our" refer to www.rentUSAnow.com its affiliates, parents, subsidiaries, officers, directors, agents, successors and assigns.
"Trustee" means a person, or body of persons, appointed to administer the affairs of a person, company, institution, etc.; a person who holds the title to property for the benefit of another; and/or (in New England) a garnishee.
"User" means any person who logs onto the internet website at www.rentUSAnow.com for any purpose whatsoever.
"You" means the individual, trustee, Property Manager, Property Owner, or business entity, entering into this Agreement. the state and county in which the property is located.
2. Content. The content of this Website is for informational purposes only. It is subject to change without notice. The content provided though this website is provided on an "as is" and "as available" basis. We make no representation or warranties of any kind as to the appropriateness, accuracy, sufficiency, correctness, veracity, value, completeness or timeliness of Content or Third Party Content (as defined below), information or services. The Website expressly disclaims all such representations and warranties, express or implied, including without limitation warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant the accuracy or completeness of the Content, the Third Party Content, information, services, text, graphics, hyperlinks or other items provided through this Website. We make changes to this Website from time to time at our sole discretion, without notice.
While we strive to keep the content on this Website current and accurate, we cannot guarantee the accuracy, completeness, or timeliness of the information.
3. Third Party Content. The content of the Website may contain information and services from third parties, links to third party websites, or may direct you to third party web sites that may be of interest to you ("Third Party Content"). Through this Website you are able to link to other websites which are not under the control of the Website. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. The Website is not responsible for Third Party Content.
Third Party Content is provided for your convenience to provide further information. The presence of Third Party Content does not signify that we endorse or recommend the linked website(s). We have no responsibility for Third Party Content. You may not add Third Party Content to this website or link to this website from another website or document without our express prior written consent. Third Party Content is not under the control of the Website, and the Website is not responsible for any Third Party Content, including without limitation the accuracy, sufficiency, correctness, reliability, veracity, completeness or timeliness thereof, any link contained therein, or any change or updates thereto.
4. No Warranty or Guarantee. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements and that those offering the products, services or information are reputable and reliable pursuant to your personal needs and requirements.
5. Unauthorized use of Marks prohibited. This website contains materials which are owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics, trademarks and trade names incorporated into this website. Reproduction is prohibited other than in accordance with the copyright notice (set forth below), which forms part of these terms and conditions.
All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
6. Hyperlinks. From time to time Third Party Content on this Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse or recommend the linked website(s). We have no responsibility for the content of the linked website(s).
You may not create a link to the Website from another website or document without our express prior written consent.
7. Applicable Law. The Website is controlled from its offices in Rumson, Monmouth County, NewJersey USA. As such, the laws of the State of New Jersey will govern these Terms and Conditions of Use, excluding any principal or rule of law that may direct the application of the law of another state. You irrevocably submit to the exclusive jurisdiction of the courts of the State of New Jersey and agree that the exclusive venue for any dispute arising out of or relating to Your use of this Website is Monmouth County, in the State of New Jersey. You further agree to waive an objection to the venue of any such litigation in Monmouth County, New Jersey, USA and agree not to plead or claim in any New Jersey Court that such litigation brought has been brought in an inconvenient forum. Use of this Website in a jurisdiction which does not give effect to all provisions of these Terms and Conditions of Use is unauthorized.
8. Limitation of Liability. The information contained in this website is for general information purposes only. The information is published to the internet by the Website, but the information is provided to the Website by each of the members of the Website. While we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or the availability of rental properties with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Furthermore, members of the website have the ability to add and remove information and the Website is not responsible for any member-posted content, whatsoever. Any reliance you place on such information is strictly at your own risk.
In no event shall the Website be liable to you for any loss, expense, or damage including but not limited to, direct or indirect, incidental, special, punitive or consequential losses or damages, including lost revenue, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website, the use of the Website, information or services provided through the Website, loss of rents received or rents paid or any other losses whatsoever. In no event will we be liable for any loss or damage or actions that arise from the reliance on statements made by members of this website in advertising properties for rent, including but not limited to reliance upon statements regarding the suitability for rent of any property, the rent being charged, statements regarding the neighborhood in which the properties are located, any statements made by a member which violates federal or state laws, local or county ordinances or regulations, or any other statements which are subsequently discovered to be untrue, illegal or actionable in any way. If you are dissatisfied with any portion of the Website or related services, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Website and related services.
The Website assumes no liability for the actions of third-party vendors who advertise through the Website or provide services to the website members. Should any user of this Website deem it necessary to take actions against a third-party vendor for any reason, the user warrants and agrees that it shall not take any actions against the Website. You agree to indemnify and hold harmless the Website, from any claims and demands, including but not limited to reasonable attorney\'s fees and costs made by any third party arising out of or relating to your use of the Website.
Neither the Website nor any of its affiliate or owning companies, makes no express or implied representations, warranties, or guarantees with regard to the appropriateness, accuracy, sufficiency, correctness, veracity, value, completeness or timeliness of the Website, its services and/or the content contained therein. The Website 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. You expressly understand and agree that your use of and reliance upon any and all of the Website, including but not limited to the services and/or the content contained therein, is at your sole risk and is made available on an 'AS IS' and 'AS AVAILABLE' basis.
Every effort is made to keep the website up and running smoothly. However, neither the Website nor any of its affiliate or owning companies, takes any responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control, or for any other reason.
9. Effective Date. The effective date of this agreement is the first use of the site and extends to any and all subsequent uses, regardless of membership status at the time of use.
10. Indemnification. It is further understood and agreed that the user shall hold www.rentUSAnow.com or any of its affiliate or owning companies, its third-party vendors, corporate affiliates, directors, officers, employees and agents harmless and to indemnify www.rentUSAnow.com or any of its affiliate or owning companies, third-party vendors, corporate affiliates, directors, officers, employees and agents from and against any and all liability in any action or other proceeding accruing from a breach of this Agreement and any and all claims and, or demands arising out of any content whether submitted, posted, copied, forwarded, or otherwise accessed and used in any way whatsoever, including any breach by any advertising property manager, any property owner, or any tenant or potential tenant, or any other person.
Said indemnification shall include but not be limited to the monetary amount of any judgment which may be awarded in an action or proceeding commenced as a result of advertiser's breach of this Agreement, all other damages whether compensatory or punitive, any and all civil penalties assessed by governmental agencies, all costs and expenses sustained by www.rentUSAnow.com or any of its affiliate or owning companies, the party claiming a breach, an aggrieved party, or any of them, on account of such action, including the amounts billed for attorneys' fees and all other costs and expenses paid, whether taxable or otherwise, in preparing the defense of and defending such action or proceeding, and establishing and maintaining the application or validity of this Agreement or any provision thereof, and in prosecuting any counterclaim, cross-claim or injunction provided for herein.
11. Applicable Law. This Terms of Use is governed by the laws of the State of Delaware, U.S.A. without regard to conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of courts sitting in the city of Rumson, County of Monmouth, State of New Jersey, USA all disputes arising out of or relating to accessing or using of www.rentUSAnow.com or any of its affiliate or owning companies. Access or use of www.rentUSAnow.com or any of its affiliate or owning companies are unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You irrevocably submit to the exclusive jurisdiction of the courts of the State of New Jersey and agree that the exclusive venue for any dispute arising out of or relating to Your use of this Website is Monmouth County, in the State of New Jersey You further agree to waive an objection to the venue of any such litigation in Monmouth County, New Jersey, USA and agree not to plead or claim in any New Jersey Court, that such litigation brought has been brought in an inconvenient forum. Use of this Website in a jurisdiction which does not give effect to all provisions of these Terms and Conditions of Use is unauthorized.
12. Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and www.rentUSAnow.com or any of its affiliate or owning companies as a result of the Terms of Use or accessing or using www.rentUSAnow.com or any of its affiliate or owning companies. www.rentUSAnow.com or any of its affiliate or owning companies' performance under the Terms of Use is subject to existing laws and legal process, and nothing contained in the Terms of Use is in derogation of www.rentUSAnow.com or any of its affiliate or owning companies' right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of www.rentUSAnow.com or any of its affiliate or owning companies, or information provided to or gathered by www.rentUSAnow.com or any of its affiliate or owning companies with respect to such use.
13. Interpretation. If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. Unless otherwise specified herein (or in any other definitive written agreement between you and www.rentUSAnow.com or any of its affiliate or owning companies), the Terms of Use constitutes the entire agreement between you and www.rentUSAnow.com or any of its affiliate or owning companies with respect to the www.rentUSAnow.com or any of its affiliate or owning companies and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and www.rentUSAnow.com or any of its affiliate or owning companies with respect to the www.rentUSAnow.com or any of its affiliate or owning companies.
A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
14. Trademarks and Copyrights. All materials on the Website, including, but not limited to the name of the Website, are owned and copyrighted, or are licensed by the Website, its owners, its affiliates, its corporate officers or its third-party vendors and all rights to these materials are hereby reserved. Furthermore, the Website, its owners, its affiliates, its corporate officers or its third-party vendors own a number of trademarks used on the website, which may or may not be identified with a registered trademark symbol. No reproduction, distribution, or transmission of the copyrighted materials on the Website is permitted without the written permission of the owners of the copyrighted material. Any rights not expressly granted herein are reserved. You may not copy, reproduce, republish, download, print, upload, post, transmit, distribute and/or exploit the content or information contained on the Website for commercial use in any way (including e-mail or other electronic means) without the express prior written permission of the Website.
Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement should be sent to www.rentUSanow's Designated Agent set forth below. All inquiries must be filed in accordance with Title 17, United States Code, Section 512.
Copyright Infringement Department
Kestee Corporation
P.O. Box 474
Rumson, NJ 07760
Telephone: (877)493-3649
15. Transmit. You agree that if you post, upload, submit or otherwise transmit any content on or through the Website, you agree to provide true, accurate, and complete information and to refrain from impersonating any person or entity and from falsely representing your affiliation with any person or entity. Any submission of such information will be subject to our Privacy Policy.
16. Termination. You agree that the Website may in its sole discretion and at any time terminate your access to and use of the Website, or any part thereof, with or without notice.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY THE COMPANY
All of the Terms and Conditions contained in the General Terms of Use Agreement above are incorporated herein and made a part hereof as though restated here in full and without modification and I agree to those General Terms of Use. The following additional terms apply to Property Manager users:
By agreeing to the terms and conditions listed hereunder, I hereby certify and warrant that I am in compliance with all applicable federal, state and local laws, codes and regulations relating in any way to the offer to rent and manage real property in the state where I am located, regarding the construction, design, and operation of the rental properties listed pursuant to this agreement. By entering into this Agreement, I understand that I am responsible for obtaining all zoning classifications and clearances and all licenses, of any kind and nature whatsoever, which may be required by state or local laws, ordinances, or regulations or which may be necessary or advisable owning to the location of your business and your rental properties. I further certify that I am a property manager in full and complete compliance with Federal law and with the laws of the state(s) in which I list and manage rental properties and that I hold any and all mandatory licenses required by any and all government agencies and as are required by the state(s) and in which I manage properties.
I further warrant that I am the legal representative, pursuant to a signed agreement with the legal owner(s) for the properties I am listing on www.rentUSAnow.com and at such time as I am no longer the legal representative or my representation of the property owner has terminated, I will immediately remove all references to the owner's property(ies) from the website at www.rentUSAnow.com. Any and all continued displays of properties for rent or references to properties that I manage are acknowledgements by me that I am legally authorized to display such properties with the owner's consent and express permission.
I acknowledge that pursuant to Federal Law, it is illegal to advertise 'any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, sexual orientation, marital status, ancestry or source of income, or intention to make such preference, limitation or discrimination. I further acknowledge that www.rentUSAnow.com, or any of its affiliate or owning companies do not permit any such advertising and, if such advertising is discovered, www.rentUSAnow.com or any of its affiliate or owning companies will immediately remove any such advertisement, and furthermore may (at its discretion) cancel any such advertiser's membership immediately, without refund and hold any such advertiser responsible to the fullest extent of the law.
I agree and understand that should www.rentUSAnow.com, or any of its affiliate or owning companies become aware that I am in violations of any laws, ordinances or regulations or of any disciplinary proceedings by any Department of Real Estate or any other state or federal regulatory agency as a result of my real estate activities, whether or not they related directly to the management of rental properties, that www.rentUSAnow.com and or any of its affiliate or owning companies may immediately terminate my membership in the site, including but not limited to the deletion of any references to my company as well as any references, pictures or information relating to the properties I purport to manage. I further agree that should any such termination be necessary, I shall be entitled to no refunds of fees except at the sole discretion of www.rentUSAnow.com or any of its affiliate or owning companies.
I further agree and understand that any and all fees paid to www.rentUSAnow.com, or any of its affiliate or owning companies are not refundable except at the sole discretion of www.rentUSAnow.com. www.rentUSAnow.com reserves the right to modify, delete and/or edit any and all advertisements in any way at any time and without prior notice of intention to do so.
By agreeing to these terms and conditions, I agree that I am legally able to bind to these terms any and all of my affiliates, owners, brokers, agents, employees, employers, company(ies) and any other entity related to my property management activities.
All of the Terms and Conditions contained in the General Terms of Use Agreement above are incorporated herein and made a part hereof as though restated here in full and without modification and I agree to those General Terms of Use. The following additional terms apply to Landlord users:
By agreeing to the terms and conditions listed hereunder, I hereby certify and warrant that I am the legal owner of the property(ies) and that I am in complete compliance with the laws of the state(s) in which I list and own rental properties and that I hold any and all mandatory licenses required by any and all government agencies and as are required by the Federal government and within the state(s) and in which I own rental properties.
I am the legal owner or legally qualified representative of the legal owner, pursuant to a deed(s) of trust recorded with the legally appropriate agencies for the property(ies) I am listing on www.rentUSAnow.com and at such time as I am no longer the legal owner or legally qualified representative of the legal owner of the property owner or at such time as my legally qualified representation of the legal owner has terminated, I will immediately remove all references to my property(ies) from the website at www.rentUSAnow.com or any of its affiliate or owning companies all references to the property from the website at www.rentUSAnow.com.
I agree and understand that should www.rentUSAnow.com, or any of its affiliate or owning companies become aware that I am in violations of any laws, ordinances or regulations or of any disciplinary proceedings by any Department of Real Estate or any other state or federal regulatory agency as a result of my real estate activities or my ownership of real estate, whether or not they related directly to the management of rental properties, that www.rentUSAnow.com and or any of its affiliate or owning companies may immediately terminate my membership in the site, including but not limited to the deletion of any references to my company as well as any references, pictures or information relating to the properties I purport to manage. I further agree that should any such termination be necessary, I shall be entitled to no refunds of fees except at the sole discretion of www.rentUSAnow.com, or any of its affiliate or owning companies.
I acknowledge that pursuant to Federal Law, it is illegal to advertise 'any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, sexual orientation, marital status, ancestry or source of income, or intention to make such preference, limitation or discrimination. I further acknowledge that www.rentUSAnow.com, or any of its affiliate or owning companies do not permit any such advertising and, if such advertising is discovered, www.rentUSAnow.com or any of its affiliate or owning companies will immediately remove any such advertisement, and furthermore may (at its discretion) cancel any such advertiser's membership immediately, without refund and hold any such advertiser responsible to the fullest extent of the law.
I further agree and understand that any and all fees paid to www.rentUSAnow.com, or any of its affiliate or owning companies are not refundable except at the sole discretion of www.rentUSAnow.com. www.rentUSAnow.com reserves the right to modify, delete and/or edit any and all advertisements in any way at any time and without prior notice of intention to do so.
By agreeing to these terms and conditions, I agree that I am legally able to bind to these terms any and all of my affiliates, owners, brokers, agents, employees, employers, company(ies) and any other entity related to my ownership of my properties and to my management of said properties.