• Terms & Conditions
 

Terms and Conditions

This user Agreement (the "Agreement") describes the terms on which Rental Resident ("RentalResident.com") offers you an account on the RentalResident.com web site ("RentalResident.com"). BY CONTINUED USE OF THIS WEB SITE, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT.


1. Amendment and Addenda. RentalResident.com may amend this Agreement at any time. Rental Resident will inform you of the amended terms or that the terms have been amended by sending an email to your registered email address. Such amendments will be effective upon the date that RentalResident.com posts the revisions on its website at its Terms and Conditions page whether you read the revisions (or the emailed notice) or not. To see the current Terms and Conditions at any time, please visit www.RentalResident.com/terms.aspx.


In addition, RentalResident.com may offer you additional rights or services via addenda to this Agreement, which shall amend this Agreement if you choose to click through such terms.


2. Submission of Content.


a. Definition. RentalResident.com allows you to provide your opinions, thoughts, experiences, and descriptions about apartment rentals in the form of text and other media ("Content").


b. License.


You retain all rights of ownership to your Content. By submitting Content to RentalResident.com, you grant to RentalResident.com a royalty-free, perpetual license to copy, edit and display your Content online and offline and permit others (including without limitation, syndication, co-brand and content partners) to do the same. You also grant RentalResident.com the ability to sublicense that Content.


You are free to use your Content offline in any manner you choose. However, RentalResident.com attracts visitors to RentalResident.com by promising users high-quality content. In order to sustain the traffic draw, by submitting Content to RentalResident.com, you grant RentalResident.com (and its sublicensees) the exclusive right to display your Content anywhere online.


c. Standards. You agree not to use RentalResident to: (a) upload, post, email, or otherwise transmit any Content that is personally identifying information of anyone including yourself (such as actual names, phone numbers, mailing addresses, email addresses and URL); (b) upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (c) harm minors in any way; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (e) upload, post, email, or otherwise transmit Content that you do not have a right to transmit under any law, including intellectual property laws, or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f) upload, post, email or otherwise transmit 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 forms of solicitation; (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) interfere with or disrupt RentalResident.com or servers or networks connected to RentalResident.com, or disobey any requirements, procedures, policies or regulations of networks connected to RentalResident.com; (j) intentionally or unintentionally violate any applicable local, state, national or international law; (k) "stalk" or otherwise harass another; (l) write comments that in refer to person(s) under 18 years of age in an indecent or prurient manner; (m) collect or store personal data about other users; or (n) attempt to create contracts or other legal relationships with other users.


You acknowledge that RentalResident.com does not pre-screen or filter user comments, opinions, and general Content, but that RentalResident.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via RentalResident.com. Without limiting the foregoing, RentalResident.com and its designees shall have the right to remove any Content that violates the Terms of Service 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. In this regard, you acknowledge that you may not rely on any Content created by RentalResident.com or submitted to RentalResident.com and have no legal recourse against RentalResident.com for your reliance on any Content or your actions taken based on any Content.


You acknowledge and agree that RentalResident.com may preserve Content and may also disclose Content for any reason including if RentalResident.com is required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of RentalResident.com, its users and the public.


3. Your Registration Obligations. In consideration of your use of 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 RentalResident.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, RentalResident.com has the right to suspend or terminate your account and refuse any and all current or future use of the Terms of Service (or any portion thereof), including participation on the RentalResident.com website.


4. Rewards Points. Rewards Points have no cash value. They expire 36 months from the date of issuance, and can not exceed 5,000 points at any time. The amount of Rewards Points rewarded to the user for entering their rent each month shall not be less than 200 or greater than 2000. The intent of the Rewards program is to allow the User to accumulate points which may be used towards discounts on certain goods or services. Merchants, if any, will solely determine the number of points required for discounts. Merchant offers to redeem points will be added to the User's My Page section, and the User will solely determine if those offers are of interest. Rental Resident can make no guarantee that such Merchant offers will occur or if they do occur that the offers will be appealing to the User. The program may be discontinued at any time, with or without notice. If the program is discontinued, there is no way to redeem the points. This program is void where prohibited. You agree that RentalResident,com is not in any way responsible for the actions of the Merchants and that you have no legal recourse against RentalResident.com for any action by any Merchant, including without limitation a Merchant’s refusal to recognize Rewards Points or any dispute you have with a Merchant of any nature.


5. Privacy. Because your privacy is very important to RentalResident.com, the site offers you a number of choices to facilitate decisions about how you'd like RentalResident.com to use and disclose your personal information. By accepting this Agreement, you expressly consent to RentalResident.com' disclosure and use of your personal information (including using email to communicate with you) as described in the current Privacy Statement—as well as all future iterations of the Privacy Statement—which is incorporated herein by reference.


6. Indemnity. You agree to indemnify and hold RentalResident.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand made by any third party due to or arising out of Content you submit, post to or transmit through RentalResident.com, your use of RentalResident.com, your connection to RentalResident.com, your violation of the Terms of Service, or your violation of any rights of another. You agree that this indemnification includes all of RentalResident.com’s attorneys' fees and costs in dealing with such a claim or demand. You further agree that this indemnification applies regardless of the outcome of the matter, so that even if your Content is found to be acceptable by a court of law or the dispute results in a settlement, you will indemnify RentalResident.com for any and all damages as well as RentalResident.com’s attorneys’ fees and costs.


7. Disputes. If there are any legal disputes between You and RentalResident.com, You agree to the exclusive venue of the State of Pennsylvania, specifically a state court of Pennsylvania within ten (10) miles of Pittsburgh, Pennsylvania. If the dispute regards a matter for which federal courts have exclusive jurisdiction, You agree to the exclusive venue of the United States District Court for the Western District of Pennsylvania, located in Pittsburgh, Pennsylvania. You agree that any dispute under state law or common law will be handled subject the laws of Pennsylvania, regardless of any other outcome that would have occurred under conflict of law rules. You further agree to accept and submit to the personal jurisdiction of the courts listed in this section. If, in any dispute, RentalResident.com is found to be correct in its position by a court of law or other tribunal, You agree that You will pay all of RentalResident.com’s attorneys’ fees and costs in dealing with such dispute.


8. No Resale of RentalResident.com. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of RentalResident.com, use of RentalResident.com, or access to RentalResident.com, including any information, text, pictures, or data found on the RentalResident.com website.


Furthermore, you may not collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, without first obtaining a license from RentalResident.com.


9. Termination. You agree that RentalResident.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of the RentalResident.com, and remove and discard any Content within the RentalResident.com, for any reason, including, without limitation, for lack of use or if RentalResident.com believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Use of the Service beyond the scope of authorized access granted to you by RentalResident.com immediately terminates said permission or license. RentalResident.com may also in its sole discretion and at any time discontinue providing the RentalResident.com service, or any part thereof, with or without notice. You agree that any termination of your access to RentalResident.com under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that RentalResident.com may immediately deactivate or delete your account and all related information and Content in your account and/or bar any further access to such information or to RentalResident.com. Further, you agree that RentalResident.com shall not be liable to you or any third-party for any termination of your access to RentalResident.com.


10. Links. RentalResident.com may provide, or third parties may provide, links to other World Wide Web sites or resources. Because RentalResident.com has no control over such sites and resources, you acknowledge and agree that RentalResident.com 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 RentalResident.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.


11. Liability Limits. IN NO EVENT SHALL RENTALRESIDENT.COM OR ITS SUPPLIERS OR CO-BRAND PARTNERS BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE RENTALRESIDENT.COM SITE, ITS SERVICES OR THIS AGREEMENT. FURTHER, IN NO EVENT SHALL RentalResident.COM OR ITS SUPPLIERS OR CO-BRAND PARTNERS BE LIABLE TO YOU IN AN AMOUNT GREATER THAN $500. If it is found that this limitation of liability is unenforceable for any reason, including without limitation because of your state of residence, you agree that RentalResident.com shall not be liable for any amount beyond the minimum nominal damages allowed by law.


12. Access Limits. Without RentalResident.com' express written consent, YOU MAY NOT (a) USE ANY AUTOMATED MEANS TO ACCESS THE SITE OR COLLECT ANY INFORMATION FROM THE SITE (INCLUDING WITHOUT LIMITATION ROBOTS, SPIDERS OR SCRIPTS), or (b) frame the site, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, THAT YOU AGREE NOT TO ENGAGE IN THE PRACTICES OF "SCREEN SCRAPING," "DATABASE SCRAPING," OR ANY OTHER ACTIVITY WITH THE PURPOSE OF COLLECTING INFORMATION, LISTS, OR OTHER INFORMATION CONTAINED ON THE SITE.


13. Entire Agreement. This Agreement (and any addenda or statements expressly incorporated into this Agreement that you enter into) constitute the entire agreement, and supersede the provisions of any other agreements or understandings (oral or written), between the parties with respect to the subject matter of such documents. In the event of any conflict between the terms of this Agreement and an addendum, the provisions of the addendum shall control.


14. General. You shall comply with all laws and regulations applicable to your access and use of the site and your publication of your Content. If any portion of this Agreement is deemed unenforceable, that portion shall be enforced to the maximum extent possible and the remaining portions of the Agreement shall be given full effect. RentalResident.com' failure to act in a particular circumstance does not waive the ability to act with respect to that circumstance or similar circumstances and you agree that you waive all claims of estoppel, laches or unclean hands in a court of law or before any other tribunal. RentalResident.com shall be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. No agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement. RentalResident.com may change, remove, or require registration or payment to continue use of, any aspect of the site and service at any time without further notice to you. Except as provided in Section 1, this Agreement may be amended only by a writing physically signed by both RentalResident.com and you.


15. Other Disclosures. At present, RentalResident.com does not charge you any fees to use its services (although this may change at any time). However, any expenses (such as hardware, software and Internet access costs) or taxes you incur to access the site shall be your sole responsibility.