This End-User License Agreement (“EULA”) is a legally binding contract between you (“End User”) and My Rental Units, LLC (“MRU”). It governs your day to day use of www.MyRentalUnits.com and any related web sites (the “Sites”). Your use of the current MyRentalUnits.com BETA Web site (which includes its content, including the text, data, information, materials, software, and graphics contained or provided therein) (collectively, the Web Site) as well as any future site or services offered now or in the future by My Rental Units, LLC and Lightner Property Group, Inc., (“the Company”), is subject to the terms and conditions of the EULA, so we ask you read the entire agreement.
Whether you use the MyRentalUnits.comBETA web site as an End User, or you register (“Registered User”) for the restricted area of the MyRentalUnits.comBETA web site and or use the secure area of the BETA web Site, you are agreeing that you:
- Have the capacity and authority to enter this EULA; and
- Agree to be bound by the terms and conditions of the EULA without limitation.
From time to time, MyRentalUnits.com may, without advance notice, modify the terms and conditions of the EULA. MRU will make reasonable efforts to alert any Registered User by email of any such changes. However, it is the responsibility of End Users and Registered Users to regularly check this area to become aware of, review and become familiar with any such changes. MRU will post the most current version of the EULA on this page of the MRU web site. Any use of the Web site after a change, signifies unlimited acceptance of the change(s) and agreement to be bound by them by End Users and Registered Users.
Subject to the terms and limitations of this EULA, MyRentalUnits.com grants each Registered and End User a limited, revocable, non-transferable, non-exclusive license to use the MyRentalUnits.com Web site for their personal use. Registered User may not use the site on behalf of any third party or to provide advice, counsel or information to any third party based upon the content of the Site. My Rental Units may terminate this Agreement at any time, without advance notice if you violate this EULA.
End and Registered Users may download or print hard copies of this Web site, or portions thereof, but only in connection with personal use of the Site and never on behalf of any third party. Downloaded versions of Site content must contain a notice indicating the content is the property of MyRentalUnits.com and subject to Copyright protection. A disclaimer such the one below is acceptable:
Copyright (c) 2008 MyRentalUnits.com. All rights reserved.
Ownership and Copyright
Whether you are an End or Registered User, you acknowledge and agree this Web site and the information contained in it are owned by MyRentalUnits.com and are protected by State, Federal and international copyright as well as all other applicable intellectual property laws. Registered and End Users may not modify, copy, distribute, disclose, retransmit, sell, publish, broadcast, or circulate this Web site or any portion thereof without MyRentalUnits.com’s prior written consent.
As the owner, MyRentalUnits.com has the right, at any time and without notice, and for any reason to: (i) revoke or limit the End and registered user license to use the Web site and to restrict or prevent access to it (or any portion of it); or (ii) change or discontinue providing the Web site (or any portion thereof). MyRentalUnits.com has no obligation to update the Web site or to correct any errors or omissions that might be contained in it.
Trademarks
My Rental Units, MyRentalUnits.com, and the MyRentalUnits.com logo are registered marks of My Rental Units, LLC . End and Registered Users are not authorized to use any of MyRentalUnits.com’s marks, including but not limited to the foregoing, without MyRentalUnits.com’s prior express written consent. All marks not owned by MyRentalUnits.com are the property of their respective owners.
In order to gain access to some portions of the site, MyRentalUnits.com requires an End Users to become a registered member user, and to comply with certain other terms and conditions. In addition, in the future additional content will be made available to users for a membership fee. In all such cases, this Agreement shall continue to govern the use of the Web site.
Member Password
When an End User registers, they select a password, which may then be modified at any time. Registered Users may not select, and MyRentalUnits.com may modify, delete, terminate or suspend the account of any Registered User with a password that MyRentalUnits.com determines, in its sole discretion, violates any third party’s rights or is offensive, improper or inappropriate. A password is for personal use only, and Registered Users agree to keep it secret and not to share it with anyone (except as expressly allowed under this EULA). Registered Users are responsible for all use, activities and charges associated with or arising from any use of the password, regardless of whether the Registered User authorized such use. The Registered User must promptly notify MyRentalUnits.com at customerservice@MyRentalUnits.com of any unauthorized use of a password.
End User Content Submission and Registered User Forums
By uploading, posting, publishing or transmitting any “submission” such as messages, information, articles or materials to or through the Web site, you irrevocably grant to MyRentalUnits.com and its affiliates a royalty-free, worldwide, perpetual, transferable, nonexclusive license (with the right to sublicense) to use, copy, modify, display, publicly perform, distribute, reproduce and create derivative works of the foregoing in any form, media, software or technology of any kind now existing or developed in the future. You acknowledge MyRentalUnits.com may or may not elect to use the submissions provided by any End or Registered User on its Web site.
Use of MRU Property Management Forum (http://myrentalunits.com/smf)
The postings, opinions, recommendations, ideas, questions, comments, suggestions, and information (“CONTENT”) in any MyRentalUnits Discussion Forum or any forums created by MyRentalUnits.com are not the result of MyRentalUnits.com, My Rental Units, LLC, or Lightner Property Group approved informational content and have not undergone professional or legal review. MyRentalUnits.com, My Rental Units, LLC and Lightner Property Group are not responsible for the CONTENT within the MyRentalUnits Discussion Forum. All content within these areas belongs solely to the members, posters, senders or users and are not endorsed by, nor do they reflect the recommended or approved policies, procedures or opinions of MyRentalUnits.com or Lightner Property Group, Inc.
The purpose of the Discussion Forum is to allow for a free exchange and exploration of information and ideas among property owners and their communities. This area is not intended to be a substitute for legal or professional advice.
MyRentalUnits.com does not make any representations or warranties with respect to any bulletin boards, chat rooms, or other electronic forums made available on or via this Web site (collectively, “Forum”) or with respect to any messages, information, or materials contained in any such Forum. End and Registered Users understand all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. End and Registered Users acknowledge and agree that use of, or reliance upon, any such messages, information, or materials is at the sole risk and expense of the reader or user.
MyRentalUnits.com does not control the Content posted on the Forums and, as such, can not and does not guarantee the accuracy, validity, integrity or quality of such Content. End and Registered Users understand by using the Forum, they may be exposed to offensive, indecent or objectionable Content. Under no circumstances will MyRentalUnits.com be liable in any way for any Content, including, but not limited to errors or omissions in any Content, or any loss or damage of any kind result ing from the use of any Content posted, e-mailed, transmitted, published or otherwise made available via the Forum.
The End or Registered Users agree to not use the Forum to:
1. upload, post, publish, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or that is in violation of any law;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a MyRentalUnits.com official, forum leader, or falsely state or otherwise misrepresent connection or affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Forum;
5. upload, post, publish, e-mail, transmit or otherwise make available any Content that End or Registered User does not have a right to make available under any law or under contractual or fiduciary relationships;
6. upload, post, publish, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
7. upload, post, publish, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
8. upload, post, publish, e-mail, transmit or otherwise make available 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;
9. post the same note repeatedly (referred to as “spamming”). Spamming is strictly prohibited;
10. interfere with or disrupt the Forum or servers or networks connected to the Forum, or disobey any requirements, procedures, policies or regulations of networks connected to the Forum;
11. intentionally or unintentionally violate any applicable local, state, national or international law;
12. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
13. stalk or otherwise harass another; and/or
14. collect or store personal data about other members in connection with the prohibited conduct and activities set forth in paragraphs “1” through “13” above. Any two violations of “1” through “13” listed above shall be considered a breach of the Terms and Conditions and will result in the users loss of your good standing and revocation of the ability to post or respond to posted material. End and Registered Users acknowledge MyRentalUnits.com may or may not prescreen Content, but MyRentalUnits.com and its designees shall have the right (but not the obligation) in their sole discretion to prescreen, refuse, or move any Content available via the Forum. Without limiting the foregoing, MyRentalUnits.com and its designees shall have the right to remove any Content that violates the Terms and Conditions, Privacy Policy or is otherwise objectionable.
Indemnity
Users of the Site agree to indemnify, protect, defend and hold My Rental Units, LLC, Lightner Property Group, Inc. and their subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content that End and Registered Users submit, post, transmit or otherwise make available through the Web site, their use of the Web site, their connection to the Web site, their violation of the EULA, or their violation of any rights of another person or entity.
Dealings with Advertisers
The correspondence or business dealings with, or participation in promotions of, advertisers found on or through MyRentalUnits.com, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the user and such advertiser. End and Registered Users agree MyRentalUnits.com is not and shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Web site. The inclusion of a vendor offering good or services on the site is not an endorsement of the vendor. Users are reminded it is the responsibility of the user to fully investigate the vendor and verify any claims or representations.
Links
The Web site may provide, or third parties may provide links to other World Wide Web sites or resources. Inclusion of or reference to any partcular vendor, company, web link or address is not necessarily an endorsement of the vendor or company. Because MyRentalUnits.com has no control over such sites and resources, you acknowledge and agree that MyRentalUnits.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 MyRentalUnits.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 upon any such Content, goods or services available on or through any such site or resource.
Privacy
Any information submitted on the MyRentalUnits.com Web site is subject to our Privacy Policy, the terms of which are hereby incorporated. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy.
Disclaimer of Warranties
You expressly understand and agree that:
- Your use of the Web site is at your sole risk. The Web site is provided on an as is and as available basis. MyRentalUnits.com and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim 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.
- MyRentalUnits.com and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the Web site will meet your requirements; (ii) the Web site will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Web site will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the Web site will meet your expectations; and (v) any errors in the software will be corrected.
- Any material downloaded or otherwise obtained through the use of the Web site is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- Use of the information and content within MyRentalUnits.com is general in nature and is never intended to substitute for the advice of appropriate professionals, such as attorneys or accountants. Before taking any action in reliance upon advice or information found at MyRentalUnits.com, appropriate consultation with experienced professionals should be sought. No advice or information, whether oral or written, obtained by you from MyRentalUnits.com or through or from the Web site shall create any warranty not expressly stated in these Terms and Conditions. No professional relationship, including any attorney-client relationship, is created through the use or review of the site.
Limitation of Liability
You expressly understand and agree that MyRentalUnits.com and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MyRentalUnits.com has been advised of the possibility of such damages), resulting from:
- the use or the inability to use the Web site;
- the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Web site;
- unauthorized access to or alteration of your transmissions or data;
- statements or conduct of any third party on the Web site; or
- any other matter relating to the Web site.
General Information - Entire Agreement
The EULA constitutes the entire agreement between a user and MyRentalUnits.com and governs the use of the Web site, superseding any prior agreements between a user and MyRentalUnits.com with respect to the Web site. The End or Registered User will also be subject to additional terms and conditions that apply when a purchase from MyRentalUnits.com is made or when a user upgrades their service to the Site or a purchase of affiliate services, third-party content or third-party software is made.
Choice of Law and Forum
The EULA and all other licenses and policies of My Rental Units, LLC shall be governed by the laws of the State of California without regard to conflict of law provisions.
Waiver and Severability of Terms
The failure of MyRentalUnits.com to exercise or enforce any right or provision of the EULA shall not constitute a waiver of such right or provision. If any provision of the EULA is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree the court should endeavor to give effect to the parties’ intentions as reflected in the provision. All other provisions of the EULA shall remain in full force and effect.
No Right of Survivorship and Non-Transferability
A MyRentalUnits.com user account is non-transferable and any rights to a MyRentalUnits.com member account or contents within an account terminates upon the death or inactivity of the account for more than 365 days. Upon receipt of a copy of a death certificate, or account inactivity, an account may be terminated and all contents therein permanently deleted. MyRentalUnits.com is under no obligation to delete said contents at any particular time or to provide advance notice of a deletion.
Statute of Limitations
Whether an End or Registered User, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web site or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.