Traffic2Revenue, Inc., who owns and operates the RentTally.com domain may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing RentTally.com for any reason.
You must be 18 years of age or older, or the age of majority as that is defined in your jurisdiction, whichever is older, to visit or use RentTally.com in any manner. By visiting RentTally.com or accepting these Terms, You represent and warrant to RentTally.com that You have reached the age of majority in your jurisdiction, and that You have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to RentTally.com that You will use RentTally.com in a manner consistent with any and all applicable laws and regulations.
2. Use of RentTally.com Content.
RentTally.com authorizes You to view and access a single copy of the content available on or from RentTally.com solely for your personal use. The contents of RentTally.com, and of all other Web sites under RentTally.com's control, whether partial or otherwise (RentTally.com and such other Web sites are sometimes collectively referred to as "Traffic2Revenue Sites") such as text, graphics, images, logos, button icons, software and other RentTally.com content (collectively, "RentTally.com Content"), are protected under both United States and foreign copyright, trademark and other laws. All RentTally.com Content is the property of Traffic2Revenue or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on RentTally.com is the exclusive property of Traffic2Revenue and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the RentTally.com Content may violate these laws, and is strictly prohibited. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original RentTally.com Content on any authorized copy You make of the RentTally.com Content.
You agree not to sell or modify the RentTally.com Content or reproduce, display, publicly perform, distribute, or otherwise use the RentTally.com Content in any way for any public or commercial purpose, in connection with products or services that are not those of RentTally.com, in any other manner that is likely to cause confusion among consumers, that disparages or discredits RentTally.com or its licensors, that dilutes the strength of RentTally.com's or its licensor's property, or that otherwise infringes RentTally.com's or its licensor's intellectual property rights. You further agree to in no other way misuse RentTally.com Content that appears on this Site, other than those specifically permitted herein or by written agreement with RentTally.com. Unless specifically permitted herein or in writing by RentTally.com, the use of the RentTally.com Content on any other Web site or in a networked computer environment for any purpose is prohibited. Any code that RentTally.com creates to generate or display any RentTally.com Content or the pages making up any RentTally.com Site is also protected by RentTally.com's copyright and you may not copy or adapt such code.
3. RentTally.com's Ownership Rights.
RentTally.com and its licensors own all right, title and interest, including without limitation all worldwide intellectual property rights in the RentTally.com Products and Services, and all such rights to all derivative works or enhancements of, in and to, or relating to, the RentTally.com Products and Services. By entering into this Agreement or by using RentTally.com, You will not acquire any intellectual property or similar rights in the RentTally.com Products or Services other than a limited right to use the Products or Services for Your personal benefit. You agree You will not (i) remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the RentTally.com Products or services, the RentTally.com Advertiser Program or related products and services; or (ii) use RentTally.com's name, logo, trademark, trade names or service marks except as expressly permitted in this Agreement without RentTally.com's prior written consent.
4. RentTally.com Site Restrictions.
You may not use any RentTally.com Site in order to transmit, post, distribute, store or destroy material, including without limitation, RentTally.com Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
You warrant and agree that, while using the RentTally.com site and the various services and features offered on or through the RentTally.com site, you shall not: (a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party's advertising, branding or other promotional content into any of the RentTally.com site's content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; (c) attempt to gain unauthorized access to other computer systems through the RentTally.com site; (d) engage in spidering, screen scraping, database scraping, harvesting of catalogue information, e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of catalogue items or information, users or other information from or through the RentTally.com site or the services offered on or through the RentTally.com site, including without limitation any information residing on any server or database connected to the RentTally.com site or the services offered on or through the RentTally.com site; (e) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (f) use the RentTally.com site or the services made available on or through the RentTally.com site in any manner with the intent to interrupt, damage, disable, overburden, or impair the RentTally.com site or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (g) use the RentTally.com site or the RentTally.com site's services or features in violation of RentTally.com or any third party's intellectual property or other proprietary or legal rights; (h) use any known or future unknown technology to harvest, names or addresses for spam, reverse engineering, data collection, data mining, unsolicited telemarketing or other unwanted nuisance intrusions; (i) use any device, software or scheme that would interfere with the proper functioning of the RentTally.com site, or any transaction via the RentTally.com site; (j) place an undue burden or interfere with the lawful transmission of our content to our users, use any device to limit our total free access to the web infrastructure; and (k) use the RentTally.com site or the RentTally.com site's services in violation of any applicable law. You further agree that you may not attempt (or encourage or support any one else's attempt) to engage in any of the foregoing prohibited activities or to circumvent, reverse engineer, decrypt, disassemble, decompile or otherwise alter or interfere with the RentTally.com site or the RentTally.com site's services, or any content thereof, or make unauthorized use thereof. You agree that you will not use the RentTally.com site in any manner that could damage, disable, overburden, or impair the RentTally.com site or interfere with any other party's use and enjoyment of the RentTally.com site. You may not obtain, use or access, or attempt to obtain, use or access, any materials or information through any means not intentionally made publicly available or provided for through the RentTally.com site.
5. Registration Information, Accounts, Password, Content.
When You register with RentTally.com, including but not limited to as a Registered User or Sponsor, You will be asked to create a RentTally.com Account or other account and provide RentTally.com with certain information including, without limitation, a valid email address (your "Information"). Information you submit will be used in accordance with RentTally.com's Privacy Statement. You are responsible for providing accurate information in order to create an account.
You understand and acknowledge that you have no ownership rights in your RentTally.com Account, and that if you cancel your RentTally.com Account, all your account information from RentTally.com, may be marked as deleted in RentTally.com's databases and may be removed from any public area of RentTally.com. Information may continue to be available for some period of time because of delays in propagating such deletion through RentTally.com's web servers. In addition, third parties may retain cached copies of your Information.
You are responsible for maintaining the confidentiality of your RentTally.com Account, Profile and passwords, as applicable. You may not share your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of your registrations and passwords, whether or not authorized by You. You agree to immediately notify RentTally.com of any unauthorized use of your RentTally.com Account, Profile, or passwords, as the case may be.
If You Participate as an Advertiser, You are solely responsible for all advertising content You transmit or submit to RentTally.com or through the RentTally.com Advertiser Program, whether created by or for You, including but not limited to: (i) artwork, written content, images, photos, graphics, music, animation, data, text, information, URLs, hypertext links, scripts and the content and material included in such components; and (ii) websites and content proximately reachable from such advertising content (collectively, "Ads"). Prior to providing any Ads and Participating as a Advertiser, You may be required to read and accept additional written terms and conditions governing Your submission of Ads to RentTally.com (the "Advertiser Agreement"). RentTally.com disclaims all liability relating to Your Ads and You agree to indemnify RentTally.com for all loses RentTally.com incurs associated with the Ads. You may not submit Ads that contain any pornographic, morally offensive, infringing, hate-related, violent or illegal content. RentTally.com, in its sole discretion, has the right to determine whether any Ads contain any pornographic, morally offensive, infringing, hate-related, violent or illegal content. In connection with RentTally.com's marketing, distribution and the provisions of RentTally.com's Advertiser Program, and in addition to the terms set forth in the Advertiser Agreement, You permit RentTally.com to: (a) tag Your Ad with information that will be used by RentTally.com to identity it as Your Ad and assist RentTally.com in properly tracking the Ad; (b) associate Your Ad with Content, and (c) distribute, or have distributed, Your Ad in the RentTally.com Distribution Network via Online Distribution.
The following is a partial list of Advertiser Content that is prohibited on the RentTally.com Sites. The list below is for illustration and is not a complete list of all prohibited Advertiser Content: Content that: (1) is implicitly or explicitly offensive, such as Advertiser Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual; (2) harasses, incites harassment or advocates harassment of any group or individual; (3) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; (4) promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (5) promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; (6) contains restricted or password only access pages, or hidden pages or images; (7) displays or links to pornographic, indecent or sexually explicit material of any kind; (8) provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or (9) provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating any media; and (10) solicits passwords or personal identifying information from other Users.
If notified that Advertiser Content or other materials allegedly do not conform to these Terms, RentTally.com may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the Advertiser Content.
By submitting Content for advertising to any public area of any RentTally.com Site, You automatically grant to RentTally.com and its affiliates an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such Content (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content) such Content, and to grant and authorize sublicenses thereof (through multiple tiers).
You also represent and warrant that You have the right to grant or that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. If you submit Content for reproduction in any public area of any RentTally.com Site, You also permit any User to access, display, view, store and reproduce such User Content for personal use.
RentTally.com acts as a passive conduit for the online distribution and publication of Advertiser Content and has no obligation to screen such Content. However, RentTally.com may review and remove any Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any RentTally.com Site.
RentTally.com reserves the right to expel Advertisers and prevent their further access to the RentTally.com Sites and/or use of RentTally.com services for violating the Terms or applicable laws, rules or regulations. RentTally.com may take any action with respect to Advertiser Content that it deems necessary or appropriate in its sole discretion if it believes that such Advertiser Content could create liability for RentTally.com, damage RentTally.com's brand or public image, or cause RentTally.com to lose (in whole or in part) the services of its ISPs or other suppliers.
RentTally.com does not represent or guarantee the truthfulness, accuracy, or reliability of Advertiser Content.
A Advertisement may not contain: (a) any hyperlinks, other than those specifically authorized by RentTally.com; (b) misleading, unreadable, or "hidden" keywords, repeated keywords or keywords that are irrelevant to the rental opportunity being presented, as determined in RentTally.com's reasonable and sole discretion; (c) the names, logos or trademarks of unaffiliated companies other than those of your company or where expressly agreed by RentTally.com; (d) irrelevant information which is unrelated to the posting and position; (e) inaccurate, false, or misleading information; and (f) material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.
You may not use Your RentTally.com Advertisement to:(a) post rental opportunities in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to Federal Fair Housing Act; (b) post rental opportunities or other advertisements for competitors of RentTally.com or post rental opportunities or other content that contains links to any site competitive with RentTally.com.
RentTally.com reserves the right to remove any Advertisement or content from any RentTally.com Site, which in RentTally.com's sole discretion, does not comply with the above Terms, or if any content is posted that RentTally.com believes is not in the best interest of RentTally.com.
If at any time during Your use of the RentTally.com Site or Services, You made a misrepresentation of fact to RentTally.com or otherwise misled RentTally.com in regards to the nature of Your business activities, RentTally.com will have grounds to terminate Your use of the RentTally.com Site or Services.
8. General Submissions
RentTally.com's policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of RentTally.com. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. RentTally.com shall have an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such Submission (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content) such Submission, and to grant and authorize sublicenses thereof (through multiple tiers).
9. Real Estate Legal Notice
RentTally.com provides advertisements and related guide information for lessors and lessees of rental properties. Traffic2Revenue, Inc., and its subsidiaries are not licensed real estate brokers. Traffic2Revenue, Inc. does not render legal, brokerage or other professional advice or service to any of its advertisers or users of the RentTally.com site, and does not participate in any manner regarding any of the negotiations of lease transactions.
RentTally.com is pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.
All real estate advertised herein is subject to the Federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination." We will not knowingly accept any advertising for real estate which is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis.
Advertisers expressly acknowledge that they are offering rental properties advertised on RentTally.com in accordance and compliance with the Federal Fair Housing Act.
Advertisers are solely responsible for their Content on RentTally.com. RentTally.com is not to be considered to be an real estate agent, with respect to Your use of RentTally.com and RentTally.com shall not be responsible for any rental decisions, for whatever reason, made by You regarding any advertising on RentTally.com. Advertisers are responsible for all final posting decisions regarding a rental property. Any assistance or input provided by RentTally.com, is for that Advertiser's convenience only and RentTally.com is not responsible for any of the content contained in the rental Advertisement.
10. Copyright Agent.
We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to RentTally.com, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Attn: Copyright Agent
Traffic2Revenue, INC (iLS network)
Attn: Pete Zimek
13506 Summerport Village Parkway, Suite 805
Windermere, FL 34786
(888) 265-6802 email@example.com
11. RentTally.com's Liability.
RentTally.com acts as a venue for informational on-line apartment or housing rental advertisments and guide. RentTally.com is not involved in the actual transaction between the renting entitiy and the occupants. As a result, RentTally.com has no control over the quality, safety or legality of the rental properties, the truth or accuracy of the advertisements, and RentTally.com makes no representations about any rental advertisements or Advertiser Content on RentTally.com.
You specifically acknowledge and agree that (i) RentTally.com does not participate in any actual lease transactions, including, without limitation, negotiations, discussions, or proposals, and you expressly waive any requirement that purports to impose on RentTally.com an obligation to perform any services other than those expressly undertaken by RentTally.com; (ii) while RentTally.com may have broker licenses in certain states, RentTally.com does not render legal, brokerage, or other professional advice or services; in the event you desire or need such services, RentTally.com advises you to secure the same; (iii) RentTally.com is not undertaking any, and has no, duties to either Renters or Lessors, including, without limitation, the obligation to inspect rental properties, to verify the veracity of information contained in an advertisement, or to interview or otherwise screen Renters; (iv) RentTally.com is not responsible for the content of, nor does it endorse, the third-party websites to which you may link from using RentTally.com; and (v) RentTally.com does not guarantee the accuracy of any information available on RentTally.com, including but not limited to (a) the Neighborhood Guide; (b) Resources; (c) Reviews; and (d) Apartment Expert Content, and is not responsible for any errors, omissions, or misrepresentations, whether made by Lessors, Renters, advertisers or otherwise and all information obtained on RentTally.com must be verified independently.
RentTally.com provides genuine editorial content and information as a recommendation and as a convenience, and this information should be independently verified and not relied upon by you. Any search results or third party services offered in a specific geographic area, as detailed in the RentTally.com, are not always comprehensive and do not always reflect every property or third party service available in a specific geographic area. In some instances RentTally.com has a relationship with specific properties and with third party service providers and by continuing to use the RentTally.com services you specifically disclaim any prejudice or harm relative to the information provided or not provided. RentTally.com and Traffic2Revenue are not responsible for the third party service providers that you might ultimately use or not use in connection with your rental.
RentTally.com may take any action with respect to Advertiser Content that it deems necessary or appropriate in its sole discretion if it believes that such Advertiser Content could create liability for RentTally.com, damage RentTally.com's brand or public image, or cause RentTally.com to lose (in whole or in part) the services of its ISPs or other suppliers. While RentTally.com reserves the right in its sole discretion to remove Advertiser Content, Advertisements, or other material from RentTally.com from time to time, RentTally.com does not assume any obligation to do so and disclaims any liability for failing to take any such action.
The RentTally.com Sites and the RentTally.com Content may contain inaccuracies or typographical errors. RentTally.com makes no representations about the accuracy, reliability, completeness, or timeliness of any RentTally.com Content. The use of all RentTally.com Content is at your own risk. Changes are periodically made to RentTally.com Sites and may be made at any time. RentTally.com cannot guarantee and does not promise any specific results from use of RentTally.com or any RentTally.com Site. No advice or information, whether oral or written, obtained by You from RentTally.com or through or from RentTally.com or any other RentTally.com Site shall create any warranty not expressly stated herein.
12. DISCLAIMER OF WARRANTIES.
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT, REPRESENT OR COVENANT THAT THE WEB SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEB SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. RENTTALLY.COM ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, RENTTALLY.COM AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEB SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY RENTTALLY.COM "AS IS," EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND RENTTALLY.COM OR ITS LICENSOR OR SUPPLIER.
13. LIMITATION OF LIABILITY.
IN NO EVENT SHALL RENTTALLY.COM, ITS AFFILIATES OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEB SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO BA FOR YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS VIA THE SITE (NOT INCLUDING AUCTION ITEM PURCHASES).
14. Local Standards.
We do not represent that materials on the RentTally.com site are appropriate for use in all locations. Persons who choose to access the RentTally.com site do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
15. Links to Content and Other Sites.
RentTally.com and certain other RentTally.com Sites contain links to third party Web sites and content. These links are provided solely as a convenience to You and not as an endorsement by RentTally.com of the contents on such third-party Web sites. RentTally.com is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at your own risk.
RentTally.com and certain other RentTally.com Sites contain links to social media sites, including but not limited testimonials. These links are provided solely as a convenience to You and not as an endorsement by RentTally.com of the content on such social media sites. RentTally.com is not responsible for the content, accuracy of such content, or manner in which such content is provided to these third party social media sites. You specifically agree that the use of these social media sites in conjunction with RentTally.com is at your own risk.
You agree to defend, indemnify, and hold harmless RentTally.com, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any Content or other material You provide to any RentTally.com Site, (ii) your use of any RentTally.com Content, (iii) your failure to comply with the Federal Fair Housing Act, Civil Rights Act of 1866, Americans with Disabilities Act, and/or The Equal Credit Opportunity Act; or (iv) your breach of the terms of these Terms. RentTally.com shall provide notice to You promptly of any such claim, suit, or proceeding.
The Terms of Service and the relationship between you and us shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms of Service shall be commenced and be heard in the appropriate court in the State of Florida, Alachua County. You agree to submit to the personal and exclusive jurisdiction of the courts located within Alachua County in the State of Florida. Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service by RentTally.com must be made in writing and signed by an authorized representative of RentTally.com specifically referencing these Terms of Service and the provision to be waived. Headings used in these Terms of Service are for convenience only and are not to be relied upon. If any provision of the Terms of Service 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 Terms of Service remain in full force and effect. These Terms of Service will inure to the benefit of, and are intended to be enforceable by, RentTally.com's successors, assigns and licensees. There are no third party beneficiaries to this Agreement; a person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term or provision of this Agreement.
18. Legal Disputes
If any dispute arises between You, another Advertiser and/or RentTally.com or any combination thereof, as it relates to RentTally.com and this Agreement, such dispute shall be submitted and settled in accordance with the Rules of the American Arbitration Association, in Alachua County Florida and the decision of a single English speaking arbitrator shall be final and binding. You further agree that in the event RentTally.com becomes a party to the dispute involving this Agreement, each party shall bear its own costs and legal fees. In any disputes between You and another Advertiser, where RentTally.com is not a party to the suit, you agree to pay $1,000.00 in damages and costs for RentTally.com having to respond to any subpoena regarding the dispute.
These Terms constitute a binding agreement between You and RentTally.com, and is accepted by You upon your use of the RentTally.com Site.
(last updated February 2015)