Knowing your rights and responsibilities is important, including when you use our products and services, which grant access to sensitive information.
This Agreement sets forth the conditions of use of the our online service for registered members of On-Site.com ("OSM") for the purpose of advertising apartment and rental vacancies and processing rental and employment applications. By using our websites, you (the "Member" or
"Client") agree to these terms and conditions. If you do not agree to the terms
and conditions of this Agreement, immediately STOP using this website.
We reserve the right, at any time, to change or update the terms
and conditions of this Agreement without prior notice. Modifications
shall become effective immediately upon being posted on this website.
If you continue to use the Service after amendments are posted, your continued use is deemed acknowledgment and acceptance of the Agreement and its modifications.
User Agreement: In order to protect our users, as well as our information and service
providers, you are required to comply with all of the rules set forth
in this Agreement. By registering as a user or by using this website
(the "Service"), you hereby agree to be bound by all of the following terms and conditions ("Terms of Service Agreement" or "TOS").
Termination of Service & Billing Errors:
You understand and agree that in OSM 's sole discretion, and without
prior notice, OSM may terminate your access to this
website and the service
and it may also exercise any other available remedy. OSM may also
remove any unauthorized user content if OSM believes that your use of
the website, service
and/or any user content you provided violates or conflicts with the
Agreement, violates the rights of OSM, or another user or the law.
Claims for billing errors must be made in writing to OSM within fifteen
(15) days after date of invoice.
Damages & Relief Against User: You agree that monetary damages may not provide an adequate remedy to OSM for violations of these terms
and conditions. You therefore consent to injunctive or other equitable
relief for such violations. OSM is not required to provide any refund
to you if you are terminated as a user because you have violated this
Agreement.
Security for Member Account & Password: You
will receive a password and Member account designation once you are
registered. You are responsible for maintaining the confidentiality of
the password and account. You are solely responsible for all activities
that occur under your password or account. You agree to immediately
notify OSM of any unauthorized use of your password or account or any
other breach of security. You agree to make sure that you exit from
your account at the end of each session. OSM cannot and will not be
liable for any loss or damage arising from your failure to comply with
this Section.
Proprietary Materials - Restrictions on Use: All
materials provided on this website, including but not limited to all
text, logos, designs, graphics, images, sounds, information, software,
documents, products and services, and the onsite selection, arrangement
and display thereof, are the copyrighted works of OSM and/or its
vendors or suppliers. All materials herein and all OSM software are the
property of OSM. Said materials and software are protected by worldwide
copyright and other intellectual property laws. Unless provided for in
this Agreement, none of said materials may be modified, copied,
reproduced, distributed, republished, downloaded, displayed, sold,
compiled, posted or transmitted in any form or by any means. This ban
includes, but is not limited to, electronic, mechanical, photocopying,
recording or other means, without the prior express written permission
of OSM.
Copyright and Trademark Information: All content
included or available on this site, including site design, text,
graphics, interfaces, and the onsite selection and arrangements thereof
is © by On-Site.com, with all rights reserved, or is the
property of On-Site.com and/or third parties protected by
intellectual property rights. Any use of materials on the website,
including reproduction for purposes other than those noted above,
modification, distribution, or replication, any form of data extraction
or data mining, or other commercial exploitation of any kind, without
prior written permission of an authorized officer of OSM is strictly
prohibited. Members agree that they will not use any automatic device
(such as a "spider" or "robot" and/or any other automatic device) or
any manual process to monitor or copy our web pages or the content
contained therein without prior written permission of an authorized
officer of OSM. Rental Express, Apply Now, Point of Lease, Rental
Address, Ad Blast, Connect Now, Renting It, On-Site Manager, Inc. and On-Site.com are proprietary marks of OSM. OSM's trademarks may not be used in connection with any product or service
that is not provided by OSM, in any manner that is likely to cause
confusion among customers, or in any manner that disparages or
discredits OSM. All other trademarks displayed on OSM's website are the
trademarks of their respective owners. Their display does not
constitute an endorsement or a recommendation of those vendors. In
addition, such use of trademarks or links to the websites of vendors is
not intended to imply, directly or indirectly, that those vendors
endorse or have any affiliation with OSM.
Third-Party Sites: Our website may include links to
other sites on the Internet that are owned and operated by online
merchants and other third parties. You acknowledge and understand that
OSM is not responsible for third-party sites and is not responsible for
the availability or content of third-party sites. If you have any
questions or concerns regarding such links or the content available on
such sites, you should contact the site administrator or webmaster for
those third-party sites. Your use of those Third-Party Sites is subject
to the terms
of use and privacy policies of each third-party site. We are not
responsible in any way for third-party sites. We encourage all members
to review the privacy policies of third-parties' sites.
Ban on 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.
General Disclaimer: Although OSM has attempted to provide accurate information on the
website, OSM assumes no responsibility for the accuracy of the
information. You understand and agree that all information provided on
this website is provided "as is," with all faults, without warranty of
any kind, either express or implied. OSM hereby disclaims all
warranties, express or implied, including, and without limitation,
those of merchantability, fitness for a particular purpose, title and
non-infringement or arising from a course of dealing, and usage or
trade practice. This is inapplicable where such a disclaimer has been
legally held to be invalid but only to the extent of the specific
invalidity.
No Unlawful or Prohibited Use: As a condition of
your use of this website, you agree and represent to OSM that you will
comply with all applicable laws, statutes, ordinances and regulations
regarding your use of our service
and any related activities. In addition, you agree and represent that
you will not use this website in any way prohibited by these terms, conditions and notices.
Modification of the Website: OSM reserves the right,
in its sole discretion, to improve, modify or remove any information or
content appearing on the website. Without prior notice, and in its sole
discretion, OSM may discontinue or revise any or all aspects of the
website.
Disclaimer Regarding Accuracy of Vendor Information:
Product specifications and other information have either been provided
by the Vendors or collected from publicly available sources. While OSM
makes every effort to ensure that the information on this website is
accurate, we can make no representations or warranties as to the
accuracy or reliability of any information provided on this website.
Governing Jurisdiction of the Courts of California:
Our website is operated and provided in the State of California. As
such, we are subject to the laws of the state California. California
law will govern this Agreement, without giving effect to any choice of
law rules. We make no representation that our website or other services
are appropriate, legal or available for use in other locations.
Accordingly, if you choose to access our site you agree to do so
subject to the internal laws of the state of California.
Fair Housing Act: As a Member you agree not to
post, email, or otherwise make available content that violates the Fair
Housing Act by stating, in any notice or ad for the sale or rental of
any dwelling, a discriminatory preference based on race, color,
national origin, religion, sex, familial status or handicap (or that
otherwise violates any state or local law prohibiting discrimination on
the basis of these or other characteristics.)
Limitation of Liability: OSM shall not be liable
for any damages whatsoever, and in particular OSM shall not be liable
for any special, indirect, consequential, or incidental damages, or
damages for lost profits, loss of revenue, or loss of use, arising out
of or in any way related to this website or the information contained
in it, whether such damages arise in contract, negligence, tort, under
statute, in equity, at law, or otherwise, even if OSM has been advised
of the possibility of such damages.
Possible Exceptions to Limitation of Liability:
Because some jurisdictions do not allow for the limitation or exclusion
of liability for incidental or consequential damages, some of the
limitations set forth in the previous paragraph may be inapplicable.
Indemnification: You
agree to indemnify and hold OSM, its parents, subsidiaries, affiliates,
officers and employees, harmless from any claim or demand, including
reasonable attorneys' fees and costs, made by any third party due to or
arising out of the Member's use of the Service, any violation of this Agreement, or infringement by user, or other user of the Service using Member computer, of any intellectual property or any other right of any person or entity.
Binding on assigns, successors and divested businesses: Terms and agreements with OSM will be binding upon and inure to the benefit of the parties and their assigns, successors and divested businesses. OSM's agreement with Client may not be transferred or assigned by Client without the prior written consent of OSM. "Successor" means any entity connected to a merger with Client, sale of all or substantially all of the assets of Client or other form of Client’s corporate reorganization. "Divested business" means any business unit that Client sells, or of which it otherwise ceases to have an interest or render services. "Divested business" shall also include such business unit or the acquirer thereof, as applicable.
Other Terms: If any provision of this Agreement shall be unlawful, void or
unenforceable for any reason, the other provisions (and any
partially-enforceable provision) shall not be affected thereby and
shall remain valid and enforceable to the maximum possible extent. You
agree that this Agreement and any other Agreements referenced herein
may be assigned OSM, in our sole discretion, to a third party in the
event of a merger or acquisition. This Agreement shall apply in
addition to, and shall not be superseded by, any other written
Agreement between us in relation to your participation as a Member.
Member agrees that by accepting this Agreement, Member is consenting to
the use and disclosure of their personally identifiable information and
other practices described in our Privacy Policy Statement. Client may
not assign, delegate, sub-contract or otherwise transfer this agreement
(or any of its rights or obligations hereunder) without OSM's prior
written consent, and any attempt to do so without OSM's approval will
be void. OSM may assign this agreement (or any of its rights or
obligations hereunder) to a related company or to an unrelated company
pursuant to a sale, merger of other consolidation of OSM or any of its
operating divisions upon written notice to Client. Nothing in this
Agreement is intended to confer any rights or remedies under or by
reason of this Agreement on any person other than the parties and their
respective successors and permitted assigns. The waiver by either party
of a breach or violation of any provision of this Agreement shall not
operate as, nor be construed to be, a waiver of any subsequent breach
hereof. This Agreement may be amended only upon the parties' mutual
written consent. This Agreement and any amendments hereto may be
executed in duplicate copies on behalf of OSM and Client, and facsimile
or online signatures shall be deemed originals. Each duplicate copy
shall be deemed an original, but both duplicate originals together
shall constitute one and the same instrument. The terms
that are defined in this Agreement may be used in the singular or
plural, or the masculine, feminine or neutral, as the context requires.
The headings and subheadings in this Agreement are inserted for
convenience of reference and shall not affect the meaning or
interpretation of the Agreement.