TERMS & RESTRICTIONS
1. ACCEPTANCE OF TERMS
Rentmyhome.org provides a collection of online rental listings, photos and details or rental property, (referred to hereafter as "rental listing service") subject to the following Terms and Restrictions ("T&R"). By using rental listing service in any way, you are agreeing to comply with the T&R. In addition, when using particular rentmyhome.org services, you agree to abide by any applicable posted guidelines for all rentmyhome.org services, which may change from time to time. Should you object to any term or condition of the T&R, any guidelines, or any subsequent modifications thereto or become dissatisfied with rentmyhome.org in any way, your only recourse is to immediately discontinue use of rentmyhome.org.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the T&R at:
3. CONTENT
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from rental listing service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via rental listing service. You understand that rentmyhome.org does not control, and is not responsible for Content made available through rental listing service, and that by using rental listing service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the rentmyhome.org site and Content available through rental listing service may contain links to other websites, which are completely independent of rentmyhome.org. Rentmyhome.org makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will rentmyhome.org be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via rental listing service. You acknowledge that rentmyhome.org does not pre-screen or approve Content, but that rentmyhome.org shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via rental listing service, for violating the letter or spirit of the T&R or for any other reason. Rentmyhome.org may use the information for its own use to compare and contrast listings, postings for the purposes of market evaluations at its sole discretion.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The rentmyhome.org site and Content available through rental listing service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of rentmyhome.org, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through rental listing service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that rentmyhome.org shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that rentmyhome.org is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release rentmyhome.org, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a Oregon resident, you waive Oregon Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify rentmyhome.org's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at
1037 SE Lane Ave
Roseburg, OR 97470
Please provide our Agent with the following Notice:
a) Identify the material on the rentmyhome.org site that you claim is infringing, with enough detail so that we may locate it on the website;
b) 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;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
rentmyhome.org will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
6. PRIVACY AND INFORMATION DISCLOSURE
rentmyhome.org has established a Privacy Policy to explain to users how their information is collected and used
Your use of the rentmyhome.org website or rental listing service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that rentmyhome.org may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the T&R; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of rentmyhome.org, its users or the general public.
7. CONDUCT
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) 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 violates any state or local law prohibiting discrimination on the
basis of these or other characteristics);
e) that violates federal, state, or local equal employment opportunity
laws, including but not limited to, stating in any advertisement for
employment a preference or requirement based on race, color, religion,
sex, national origin, age, or disability.
f) with respect to employers that employ four or more employees, that
violates the anti-discrimination provision of the Immigration and
Nationality Act, including requiring U.S. citizenship or lawful
permanent residency (green card status) as a condition for employment,
unless otherwise required in order to comply with law, regulation,
executive order, or federal, state, or local government contract.
g) that impersonates any person or entity, including, but not limited to, a rentmyhome.org employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
h) that includes personal or identifying information about another person without that person's explicit consent;
i) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
j) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
k) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
l) that constitutes or contains any form of advertising or solicitation if: posted in areas of the rentmyhome.org sites which are not designated for such purposes; or emailed to rentmyhome.org users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
m) That includes links to commercial services or web sites, except as allowed in "services";
n) That advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Oregon law.
o) 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;
p) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to rental listing service, or that otherwise negatively affects other users' ability to use rental listing service; or
q) That employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through rental listing service.
Additionally, you agree not to:
r) Contact anyone who has asked not to be contacted;
s) "Stalk" or otherwise harass anyone;
t) Collect personal data about other users for commercial or unlawful purposes;
u) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from rental listing service - unless expressly permitted by rentmyhome.org;
v) Post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
w) Post the same item or service in more than one classified category or forum, or in more than one metropolitan area;
x) attempt to gain unauthorized access to rentmyhome.org's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, rental listing service or the rentmyhome.org website; or
y) use any form of automated device or computer program that enables the submission of postings on rentmyhome.org without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
8. POSTING AGENTS
A "Posting Agent" is a third-party agent, service, or intermediary
that offers to post Content to rental listing service on behalf of others. To moderate demands on rentmyhome.org's resources, you may not use a Posting Agent to post Content to rental listing service without express permission or license from rentmyhome.org. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access rental listing service to facilitate posting Content on behalf of others, except with express
permission or license from rentmyhome.org.
9. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to rentmyhome.org email addresses or through rentmyhome.org computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in Oregon. Any unauthorized use of rentmyhome.org computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Such violations may subject the sender and his or her agents to civil and criminal penalties.
10. PAID POSTINGS
We may charge a fee to post Content in some areas of rental listing service. The fee
is an access fee permitting Content to be posted in a designated area.
Each party posting Content to rental listing service is responsible for said Content
and compliance with the T&R. All fees paid will be non-refundable in the
event that Content is removed from rental listing service for violating the T&R.
11. LIMITATIONS ON SERVICE
You acknowledge that rentmyhome.org may establish limits concerning use of rental listing service, including the maximum number of days that Content will be retained by rental listing service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by rental listing service, and the frequency with which you may access rental listing service. You agree that rentmyhome.org has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by rental listing service. You acknowledge that rentmyhome.org reserves the right at any time to modify or discontinue rental listing service (or any part thereof) with or without notice, and that rentmyhome.org shall not be liable to you or to any third party for any modification, suspension or discontinuance of rental listing service.
12. ACCESS TO RENTAL LISTING SERVICE
rentmyhome.org grants you a limited, revocable, nonexclusive license to access rental listing service for your own personal use. This license does not include: (a) access to rental listing service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of rental listing service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by rentmyhome.org. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to rental listing service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply our T&R. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.
rentmyhome.org permits you to display on your website, or create a hyperlink on your website to, individual postings on rental listing service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of the T&R, absent express permission granted by rentmyhome.org to do so. You may also create a hyperlink to the home page of rentmyhome.org sites so long as the link does not portray rentmyhome.org, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
rentmyhome.org offers various parts of rental listing service in. Rentmyhome.org permits you to display, excerpt from, your personal website or personal web blog, provided that (a) your use rentmyhome.org is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on rental listing service and redirects the user to the post when the user clicks on it, (c) your use or display does not suggest that rentmyhome.org promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute (f) your use does not overburden rentmyhome.org's systems. Rentmyhome.org reserves all rights in the content
Use of rental listing service beyond the scope of authorized access granted to you by rentmyhome.org immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the rental listing service or any Content made available via rental listing service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from rentmyhome.org.
13. TERMINATION OF SERVICE
You agree that rentmyhome.org, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of rental listing service (or any part thereof), immediately and without notice, and remove and discard any Content within rental listing service, for any reason, including, without limitation, if rentmyhome.org believes that you have acted inconsistently with the letter or spirit of the T&R. Further, you agree that rentmyhome.org shall not be liable to you or any third-party for any termination of your access to rental listing service. Further, you agree not to attempt to use rental listing service after said termination. Sections 2, 4, 6 and 10-16 shall survive termination of the T&R.
14. PROPRIETARY RIGHTS
Rental listing service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through rental listing service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of rentmyhome.org. You further agree not to reproduce, duplicate or copy Content from rental listing service without the express written consent of rentmyhome.org, and agree to abide by any and all copyright notices displayed on rental listing service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in rental listing service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of rental listing service. RENTMYHOME.ORG is a registered mark in the U.S. Patent and Trademark Office.
Although rentmyhome.org does not claim ownership of content that its users post, by posting Content to any public area of rental listing service, you automatically grant, and you represent and warrant that you have the right to grant, to rentmyhome.org an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of rental listing service, you automatically grant rentmyhome.org all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on rental listing service by any party for any purpose.
15. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE RENTMYHOME.ORG SITE AND RENTAL LISTING SERVICE IS ENTIRELY AT YOUR OWN RISK. THE RENTMYHOME.ORG SITE AND RENTAL LISTING SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, RENTMYHOME.ORG DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE RENTMYHOME.ORG SITE AND RENTAL LISTING SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, RENTMYHOME.ORG DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE RENTMYHOME.ORG SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE RENTMYHOME.ORG SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, RENTMYHOME.ORG DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE RENTMYHOME.ORG SITE OR RENTAL LISTING SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
16. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL RENTMYHOME.ORG BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF RENTMYHOME.ORG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE RENTMYHOME.ORG SITE OR RENTAL LISTING SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE RENTMYHOME.ORG SITE OR RENTAL LISTING SERVICE, FROM INABILITY TO USE THE RENTMYHOME.ORG SITE OR RENTAL LISTING SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE RENTMYHOME.ORG SITE OR RENTAL LISTING SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE RENTMYHOME.ORG SITE OR RENTAL LISTING SERVICE OR ANY LINKS ON THE RENTMYHOME.ORG SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE RENTMYHOME.ORG SITE OR RENTAL LISTING SERVICE OR ANY LINKS ON THE RENTMYHOME.ORG SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
17. INDEMNITY
You agree to indemnify and hold rentmyhome.org, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through rental listing service, your use of rental listing service, your violation of the T&R, your breach of any of the representations and warranties herein, or your violation of any rights of another.
18. GENERAL INFORMATION
The T&R constitute the entire agreement between you and rentmyhome.org and govern your use of rental listing service, superceding any prior agreements between you and rentmyhome.org. The T&R and the relationship between you and rentmyhome.org shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions. You and rentmyhome.org agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, Oregon. The failure of rentmyhome.org to exercise or enforce any right or provision of the T&R shall not constitute a waiver of such right or provision. If any provision of the T&R 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 T&R remain in full force and effect. 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 rental listing service or the T&R must be filed within one (1) year after such claim or cause of action arose or be forever barred.
19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the T&R, by flagging the posting(s) for review, or by emailing to:
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for rentmyhome.org to pursue legal action to enforce these Terms, you will be liable to pay rentmyhome.org the following amounts as liquidated damages, which you accept as reasonable estimates of rentmyhome.orgs' damages for the specified breaches of these Terms:
a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay rentmyhome.org one thousand dollars ($1,000) for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.
b. If rentmyhome.org establishes limits on the frequency with which you may access rental listing service, or terminates your access to or use of rental listing service, you agree to pay rentmyhome.org one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access rentmyhome.org in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to rentmyhome.org email addresses or through rentmyhome.org computer systems, you agree to pay rentmyhome.org twenty five dollars ($25) for each such email.
d. If you post Content in violation of the T&R, other than as described above, you agree to pay rentmyhome.org one hundred dollars ($100) for each Item of Content posted. In its sole discretion, rentmyhome.org may elect to issue a warning before assessing damages.
e. If you are a Posting Agent that uses rental listing service in violation of the
T&R, in addition to any liquidated damages under clause (d), you agree to
pay rentmyhome.org one hundred dollars ($100) for each and every Item you post
in violation of the T&R. A Posting Agent will also be deemed an agent of
the party engaging the Posting Agent to access rental listing service (the
"Principal"), and the Principal (by engaging the Posting Agent in
violation of the T&R) agrees to pay rentmyhome.org an additional one hundred
dollars ($100) for each Item posted by the Posting Agent on behalf of
the Principal in violation of the T&R.
f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without rentmyhome.org's express written permission, you agree to pay rentmyhome.org three thousand dollars ($3,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay rentmyhome.org's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, rentmyhome.org retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
20. FEEDBACK
We welcome your questions and comments