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MyRentalPrice.com Terms of Use
INTRODUCTION
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for
your use of the MyRentalPrice.com website (the “Website”). By using the Website,
you agree to be bound by this Agreement, whether you are a "Visitor" (which means
that you simply browse the Website) or you are a "Member" (which means that you
have registered with MyRentalPrice.com). The term "User" refers to a Visitor or
a Member. You are only authorized to use the Website (regardless of whether your
access or use is intended) if you agree to abide by all applicable laws and to this
Agreement. Please read this Agreement
carefully and save it. If you do not
agree with it, you should leave the Website and discontinue use of the Website immediately.
If you wish to become a Member, and make use of the Website, you must read this
Agreement and indicate your acceptance during the registration process.
MyRentalPrice.com, LLC (“MyRentalPrice”) may modify this Agreement from time to
time and such modification shall be effective upon posting by MyRentalPrice on the
Website. You agree to be bound to any changes to this Agreement when you use the
Website after any such modification is posted. It is therefore important that you
review this Agreement regularly to ensure you are updated as to any changes.
1. COPYRIGHT
The Website, in its entirety, is the sole property of MyRentalPrice or its content
suppliers and licensors and protected by
U.S.and international copyright laws. The compilation (meaning the collection, arrangement,
and assembly) of all content on this site is the exclusive property of MyRentalPrice
and is protected by
U.S.
and international copyright laws. All software used on this site is the property
of MyRentalPrice, its affiliates, or its licensors, and is protected by
U.S.
and international copyright laws. The content and software on this Website may be
used as a personal e-commerce resource. Any other use, including the reproduction,
modification, distribution, transmission, republication, display, or performance
of the content on this Website is strictly prohibited. The application of this Website,
into any other Website, is strictly prohibited unless pre-approved by MyRentalPrice.
2. TRADEMARKS
MyRentalPrice and the MyRentalPrice logo are trademarks of MyRentalPrice.com, LLC,
in the
United
States
and other countries. MyRentalPrice's
trademarks may not be used in connection with any product or service that is not
MyRentalPrice's, in any manner that is likely to cause confusion among customers
or in any manner that disparages or discredits MyRentalPrice.
3. USE OF SITE
By accessing this Website you are agreeing to all of the terms, conditions, and
statements included in this legal statement. The entirety of this site or any portion
of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise
exploited for any commercial purpose that is not expressly permitted by MyRentalPrice.
The MyRentalPrice site may not be linked to any other site without prior consent
of MyRentalPrice.com. MyRentalPrice and its affiliates reserve the right to refuse
service, terminate accounts, and/or cancel orders at its discretion, including,
without limitation, if MyRentalPrice believes that customer conduct violates applicable
law, disrupts our normal business activities or is harmful to the interests of MyRentalPrice
and its affiliates.
Please choose carefully the information you post on the Website and that you provide
to other Users. Your postings to the Website or communications to other Users may
not include the following items: any photographs containing nudity, or obscene,
lewd, violent, harassing, sexually explicit or otherwise objectionable subject matter.
Despite this prohibition, information provided by other Users may contain inaccurate,
inappropriate, offensive or sexually explicit material, products or services, and
MyRentalPrice assumes no responsibility or liability for this material. If you become
aware of misuse of the Website by any person, please contact us at info@MyRentalPrice.com
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred
or assigned by you, but may be assigned by MyRentalPrice without restriction.
MyRentalPrice reserves the right, in its sole discretion, to reject, refuse to post
or remove any posting, including email, by you, or to restrict, suspend, or terminate
your access to all or any part of Website at any time, for any or no reason, with
or without prior notice, and without liability. Even after your account is terminated,
this Agreement will remain in effect, including all sections.
You acknowledge that MyRentalPrice reserves the right to change its fees from time
to time in its discretion. If MyRentalPrice terminates your account because you
have breached the Agreement, you shall not be entitled to the refund of any unused
portion of fees.
In order to access and use certain services, features or functions of the Website,
we require Users to register and create an account. As part of the registration
process, you will need to select and provide us with a unique user name and choose
a password which must form a unique combination (a "User ID"), and we request that
you provide your e-mail address, and may request that you provide other information
that we may require. We may also, from time to time and at any time, provide users
with additional codes or passwords necessary to access and use certain services,
features or functions of the Website. Please read our Private Policy, which describes
the non-public, personally identifiable information ("Personal Information") we
collect, use, disclose, manage and store. When creating your account, you must provide
accurate and complete information. You are solely responsible for the activity that
occurs with your User ID and you must keep your account password secure. You are
entirely responsible for maintaining the confidentiality of your password. Your
User ID is personal to you and you may not allow any others to use your User ID
under any circumstances. You may never use another's account without permission.
We are not liable for any harm caused or related to the theft or misappropriation
or disclosure of all or any portion of your User ID, disclosure or your authorization
of anyone else to use your User ID. You agree to immediately notify MyRentalPrice
if you become aware of or believe there is or may have been any unauthorized use
of (or activity using) your User ID or any other need to deactivate your User ID
due to security concerns. Although MyRentalPrice will not be liable for your losses
caused by any unauthorized use of your account, you may be liable for the losses
of MyRentalPrice or others due to such unauthorized use.
4.
MEMBERSHIP TYPES
Members seeking to rent properties through the Website may choose from 3 different
account types at the rates set forth on the Website:
Free Account.
Allows a Member to list general information about a single property on the Website,
including the number of bedrooms and blocks from the beach.
A Member with a Free Account may post up to 5 property photographs pre-approved
by MyRentalPrice. Potential renters’
contact information will not be viewable through the Website.
Basic Account.
Allows a Member to post one 30 x 24 inch sign that contains the rental ID # and
can be attached and displayed on the outside of the physical rental unit.
The Member may list all of their property details on the Website, including
up to 10 photographs of the property.
Potential renters’ contact information can be posted through the Website.
Premium Account.
Allows a Member to post two 180 x 24 inch signs that contain the rental ID # and
can be attached and displayed on the outside of the physical rental unit.
The Member may list all of their property details on the Website, including
up to 20 photographs of the property.
Potential renters’ contact information can be posted through the Website.
The property becomes a featured property and is randomly listed on the Website’s
home page with other featured properties.
5.
PRIVACY
We respect your privacy and the use and protection of your Personal Information.
Please see our Privacy Policy for important information and disclosures relating
to the collection and use of your Personal Information in connection with your use
of the Website. If you have any questions regarding MyRentalPrice’s privacy practices,
you may send your question to us by e-mail to info@MyRentalPrice.com.
6. TERMS OF TRANSACTIONS
The final charges for
any transaction may be different than those stated on the Website. MyRentalPrice
does not assume any responsibility or liability for the actions, properties, and
content of any third parties, including other Users.
Once a transaction has been completed between Members for a rental
property, you agree that MyRentalPrice does not assume any responsibility or liability
for the property condition, rental fees, the condition of the property (either before,
during, or after the rental term is complete), the maintenance of the property,
or any other act or omission of the Users arising out of the property.
You agree to pay all fees and charges incurred in connection with your transaction
(including any applicable taxes).
You may communicate with, receive communications from, be re-directed to, interact
with, or participate in or use the services or obtain goods and services of or from,
third parties or other Users offering to rent properties, our advertisers, sponsors,
or promotional partners ("Advertisers") as a result of or in connection with your
use of the Website or a hyperlinked site. All such communication, interaction and
participation is strictly and solely between you and the Advertiser involved and
we shall not be responsible or liable to you in any way in connection with these
activities or transactions (including, without limitation, any representations,
warranties, covenants, contracts or other terms or conditions that may exist between
you and the Advertiser or any goods or services you may purchase or obtain from
any Advertiser). MyRentalPrice will
not be a party to or is in no way responsible for monitoring any transaction between
Members. You should use your best judgment
and exercise caution where appropriate.
Content, photos, and any text displayed on any property listing form/page/field,
MUST
contain the required information directly related to that individual unique property
listing identified by the property address. Any text description or additional information,
property description, amenities and/or feature fields are for information relating
to that particular property
ONLY.
IT IS STRICTLY
PROHIBITED to use
a rental property listing advertisement for commercial or company advertising or
any other promotional display, except for in the fields provided in the form for
a company logo and/or company website link.
MyRentalPrice
strictly prohibits
any User from creating an account and placing advertisements for properties on the
site not directly
owned or managed by the listing company or individual who has registered as a User.
You further agree that any violation of this policy will result in the right of
MyRentalPrice to immediately terminate your listing and to charge you and additional $50 per month fee per
listing for the time periods each property was listed under
your account that was
NOT owned or managed by you or your company at the time.
You further agree to deactivate any property that becomes rented and is no longer
available immediately or within 24 hours of the time the property rents. MyRentalPrice has the right
to charge an individual $50 per month fee for any rented property not deactivated
on the Website.
By displaying or publishing ("posting") any content, media and materials, software,
code, design, text, scripts, messages, images, photographs, illustrations, media
files, artwork, graphic material, articles, databases, proprietary information,
writings, slides, portraits, works of authorship, caricatures, likenesses, profiles,
as well as any accompanying documentation, packaging or other materials, tangible
or intangible, and all derivative works, translations, adaptations or variations
of same, regardless of the medium, broadcast medium, format or form, now known or
hereinafter developed or discovered, and regardless of where produced, on location,
in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction
with other work, characters, real or imaginary, in any part of the world (collectively,
and individually “Content”), or any other materials on or through the Website, you
hereby grant to MyRentalPrice a non-exclusive, fully-paid and royalty-free, worldwide
license (with the right to sublicense through unlimited levels of sublicenses) to
use, copy, modify, adapt, translate, publicly perform, publicly display, store,
reproduce, transmit, and distribute such Content on and through the Website. This
license will terminate at the time you remove such Content from the Website. You
represent and warrant that: (i) you own the Content posted by you on or through
the Website or otherwise have the right to grant the license set forth in this section,
and (ii) the posting of your Content on or through the Website does not violate
the privacy rights, publicity rights, copyrights, contract rights or any other rights
of any person. You agree to pay for all royalties, fees, and any other monies owing
any person by reason of any Content posted by you to or through the Website.
You may not use any computerized or automatic mechanism, including without limitation,
any web scraper, offline reader, spider or robot, to access, extract or download
any Content (including MyRentalPrice generated Content) from the Website, unless
you are expressly authorized to do so by MyRentalPrice. You agree not to use or
launch any automated system that accesses the Website in a manner that sends more
request messages to MyRentalPrice servers in a given period of time than a person
can reasonably create in the same period by using a conventional on-line web browser.
Notwithstanding the foregoing, MyRentalPrice grants the operators of public search
engines permission to use spiders to copy materials from the site for the sole purpose
of creating publicly available searchable indices of the materials, but not caches
or archives of such materials. MyRentalPrice reserves the right to revoke these
exceptions either generally or in specific cases. You agree not to collect or harvest
any personally identifiable information, including account names, from the Website,
nor to use the communication systems provided by the Website for any commercial
solicitation purposes. You agree not to solicit, for commercial purposes, any users
of the Site with respect to their User submissions. As an express condition of your
use of the Website, you warrant to MyRentalPrice that you will not use the Website
for any unlawful purpose or purpose prohibited by this Agreement. If you violate
any part of this Agreement, your permission to use the Content automatically terminates
and you must immediately destroy any copies you have made of any of the Content.
MyRentalPrice makes no representation that any Content is legal or appropriate for
use outside of the
United States
or that it is authorized for export from the
United
States
or for import into any other country. You are solely responsible for complying with
all import and export laws and regulations and all applicable laws of any jurisdiction
inside and outside of the
United
States
from which you may access the Website.
MyRentalPrice’s Content is protected by copyright, trademark, patent, trade secret
and other laws, and MyRentalPrice owns and retains all rights to its Content and
Website. We require Users to respect our copyrights, trademarks, and other intellectual
property rights and those of others, including other users. On notice, we will act
expeditiously to remove content on the Website that infringes the copyright rights
of others and will disable the access to the Website, and its services of anyone
who uses them repeatedly to infringe the intellectual property rights of others.
Specific procedures to notify us about copyright infringement can be found in this
Agreement which describes our Notice and Procedure for Making Claims of Copyright
Infringement.
The brands, names, logos, trade names, trademarks, service marks and other distinctive
identifications ("marks") on or of the Website, are the intellectual property of
and proprietary to MyRentalPrice.com, LLC, its affiliates, its or their advertisers,
suppliers and others with whom these entities may do business. You have no right
to use any of these marks or any confusingly similar marks for any purpose without
the express prior written consent of MyRentalPrice.
7.
CHILDREN
The Website is offered
and made available only to users 18 years of age or older – The Website is not intended
for children under 18. Your account may be terminated without warning, if we believe
that you are under 18 years of age. By
using or attempting to use the Website, you certify that you are at least 18 years
of age and are fully able and competent to enter into the terms, conditions, obligations,
affirmations, representations, and warranties set forth in this, and to abide by
and comply with this Agreement. If you are not yet 18 years old, or your use of
the Website is prohibited or restricted in any way by the laws, regulations or other
governmental requirements of the jurisdiction in which you live or reside, or if,
for any reason and at any time, you do not agree with all of the terms and conditions
contained in this Agreement, please do not use the Website. Use of the Website is
void were prohibited.
8. RULES OF CONDUCT
Your use of the Website
is subject to all applicable local, state, national laws and regulations and, in
some cases, international treaties. You are solely responsible for all activities,
acts and omissions that occur in, from, through or under your User ID. The following
is a partial list of the kind of Content and activity that is illegal or prohibited
to post on or through the Website. MyRentalPrice reserves the right to investigate
and take appropriate legal action against anyone who, in MyRentalPrice’s sole discretion,
violates this provision, including without limitation, removing the offending communication
from the Website and terminating the Accounts of such violators; and/or reporting
you to law enforcement authorities. Prohibited Content and/or activity include,
but are not limited to Content and/or activity that, in the sole discretion of MyRentalPrice
are itemized below. You shall not use, allow, or enable others to use the Website,
or knowingly condone use of the Website by others, in any manner that is, attempts
to, or is likely to:
1) be libelous, patently offensive, defamatory, indecent, vulgar or obscene, pornographic,
sexually explicit, sexually suggestive or sexually or violently exploitative, racially,
culturally, or ethnically offensive, harmful, harassing or advocating harassment
of another person, promoting bigotry, hatred or physical harm of any kind against
any group or individual, intimidating, threatening, hateful, objectionable, discriminatory,
or abusive, or which may or may appear to impersonate anyone else;
2) submit any Content that contains nudity, violence, or is of an offensive subject
matter;
3) affect us adversely or reflect negatively on us, MyRentalPrice, the Website,
our goodwill, name or reputation or cause duress, distress or discomfort to us or
anyone else, or discourage any person, firm or enterprise from using all or any
portion, features or functions of the Website, or from advertising, linking or becoming
a supplier to us in connection with the Website;
4) further or promote any criminal activity or enterprise or provides instructional
information about illegal activities including, but not limited to making or buying
illegal weapons, violating someone's privacy, or providing or creating computer
viruses;
5) promote information that you know is false or misleading or promote illegal activities
or conduct that is abusive, threatening, obscene, defamatory or libelous;
6) criminal or tortious activity, including child pornography, fraud, trafficking
in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming,
sending of viruses or other harmful files, copyright infringement, patent infringement,
or theft of trade secrets;
7) promote an illegal or unauthorized copy of another person's copyrighted work,
such as providing pirated computer programs or links to them, providing information
to circumvent manufacture-installed copy-protect devices, or providing pirated music
or links to pirated music files;
8) use the Website in a manner inconsistent with any and all applicable laws and
regulations;
9) send or result in the transmission of junk e-mail, chain letters, duplicative
or unsolicited messages and/or mass mailings, instant messaging, or so-called "spamming,"
spimming, and "phishing";
10) You may not transmit any chain letters or junk email to other Users. MyRentalPrice
reserves the right to restrict the number of emails which a Member may send to other
Members in any 24-hour period to a number which MyRentalPrice deems appropriate
in its sole discretion. If you breach this Agreement and send unsolicited bulk email,
instant messages or other unsolicited communications of any kind through the Website,
you acknowledge that you will have caused substantial harm to MyRentalPrice, but
that the amount of such harm would be extremely difficult to ascertain. As a reasonable
estimation of such harm, you agree to pay MyRentalPrice $50.00 for each such unsolicited
email or other unsolicited communication you send through the Website;
11) transmit, distribute or upload programs or material that contain malicious code,
such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or other
potentially harmful programs or other material or information;
12) interfere with, disrupt, or create an undue burden on the Website or the networks
or services connected to the Website;
13) forge any TCP/IP packet header or part of the header information in any e-mail
or newsgroup posting for any reason;
14) cover or obscure the banner advertisements on any Website page via HTML/CSS
or any other means;
15) any automated use of the system, such as using scripts to add friends;
16) sell or otherwise transfer your profile;
17) violate any laws, regulations (including, without limitation, laws regarding
the transmission of technical data or software exported from the United States),
judicial or governmental order, any treaties or violate or infringe upon any intellectual
property rights, rights of publicity or privacy, or any other rights of ours or
of any other person, firm or enterprise; no software may be downloaded from the
Website or otherwise exported or re-exported in violation of U.S. export laws. By
downloading or using the Software, you represent and warrant that such download
or use is not in violation of any such law;
18) gain unauthorized access to the Website, other Users' Accounts, names, User
IDs, personally identifiable information or other computers, websites or pages,
connected or linked to the Website or to use the Website in any manner which violates
or is inconsistent with the terms and conditions of this Agreement;
19) use the Account, username, or password of another User at any time or disclose
your password to any third party or permit any third party to access your Account;
or attempt to impersonate another User or person;
20) solicit passwords or personal identifying information for commercial or unlawful
purposes from other Users; or solicit personal information from anyone under 18;
21) include a photograph or image of another person that you have posted without
that person's consent;
22) contain restricted or password only access pages or hidden pages or images (those
not linked to or from another accessible page);
23) modify, disrupt, impair, alter or interfere with the use, features, functions,
operation or maintenance of the Website or the rights or use and enjoyment of the
Website by any other person, firm or enterprise; or
24) collect, obtain, compile, gather, transmit, reproduce, delete, revise, view
or display any material or information, whether personally identifiable or not,
posted by or concerning any other person, firm or enterprise, in connection with
their or your use of the Website, unless you have obtained the express, prior permission
of such other person, firm or enterprise to do so.
9. E-MAIL
By registering with us, you are consenting to receive e-mails from us regarding
your registration or your listing. Additionally, by registering or listing a property
with us, you are consenting to receive commercial e-mail from us. If you do not
wish to receive commercial email from us, you may remove your name from the e-mail
list and edit your personal information from the Website by updating your account
information.
10. INDEMNITY
You agree to indemnify,
defend and hold MyRentalPrice, its affiliates, subsidiaries and its and their respective
officers, directors, partners, employees, agents, licensors, representatives, advertisers,
service providers and suppliers harmless from and against: (i) any and all claims,
actions, losses, expenses, damages, demand, obligation, liabilities, debt and costs
(including reasonable attorneys' fees), resulting from any breach or violation of
this Agreement by you, or resulting from your use of the Website and/or any Content
you provide, submit or make available on or through the Website or your unauthorized
use of any Content (ii) your violation of any third party right, including without
limitation any copyright, property, or privacy right; or (iii) any claim that one
of your postings caused damage to a third party. This
defense and indemnification obligation will survive any termination of this Agreement
and your use of the Website.
MyRentalPrice reserves the right to assume, at its sole expense, the exclusive defense
and control of any such claim or action and all negotiations for settlement or compromise,
and you agree to fully cooperate with MyRentalPrice in the defense of any such claim,
action, settlement or compromise negotiations, as requested by MyRentalPrice.
11. DISCLAIMER
THIS WEBSITE IS PROVIDED BY MYRENTALPRICE ON AN "AS IS" BASIS. MYRENTALPRICE MAKES
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION
OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS SERVICES INCLUDED
IN OR OFFERED BY THIS WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW,
MYRENTALPRICE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MYRENTALPRICE WILL NOT BE LIABLE FOR
ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, OR PRODUCTS OR SERVICES
ACQUIRED THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, AND CONSEQUENTIAL DAMAGES. ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE 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. MYRENTALPRICE RESERVES THE
RIGHT TO LIMIT PURCHASES AND PURCHASE QUANTITY. PRICING
ON THIS WEBSITE MAY BE SUBJECT TO CHANGE WITHOUT NOTICE.
MyRentalPrice disclaims any and all liability for the acts, omissions, conduct of
any third-party Users, advertisers, and/or sponsors on the Website, in connection
with the Website, or otherwise related to your use of the Website. MyRentalPrice.com
is not responsible for the properties, products, services, actions, or failure to
act of any third party in connection with or referenced on the Website. Without
limiting the foregoing, you may report the misconduct of users and/or third-party
advertisers or service and/or product providers referenced on or included in the
Website to MyRentalPrice at
info@MyRentalPrice.com. MyRentalPrice may investigate
the claim and take appropriate action, at its sole discretion.
12. NOTICE AND PROCEDURE
FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Notice and Procedure for Making Claims of Copyright Infringement Pursuant to Title
17, United States Code, Section 512(c)(2), all notifications of claimed copyright
infringement on the Website should be sent ONLY to our Designated Agent. NOTE: The
following information is provided solely for notifying the service providers referenced
below that your Copyrighted material may have been infringed.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR
TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, etc.) TO THE
CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE
CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE
MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT
OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING
UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR
PERJURY.
Written notification must be submitted to the following Designated Agent: Pepper
Legal Consulting Group, LLC.
Name of Agent Designated to Receive Notification of Claimed Infringement: Daniel
A. Pepper, Esq. Full Address of Designated Agent to Which Notification Should be
Sent: Pepper Legal Consulting Group, LLC, 21 E. High Street, Suite D, Somerville,
New Jersey 08876
Telephone Number of Designated Agent: (908) 698-0330
Facsimile Number of Designated Agent: (908) 248-9220
E-mail Address of Designated Agent: plcg@informationlaw.com For clarity, only copyright
infringement notices should go to the Designated Agent; any other feedback, comments,
requests for technical support, and other communications should be directed to the
Webmaster at info@MyRentalPrice.com. You acknowledge that if you fail to comply
with all of the requirements of this Section 11, your notice may not be valid.
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed
Infringement must include the following:
(1) An electronic or physical signature of the owner or of the person authorized
to act on behalf of the owner of the copyright interest;
(2) Identification of the copyrighted work (or works) that you claim has been infringed;
(3) A description of the material that you claim is infringing, and the location
where the original or an authorized copy of the copyrighted work exists (for example,
the URL of the page of the website where it is lawfully posted; the name, edition
and pages of a book from which an excerpt was copied, etc.);
(4) A clear description of where the infringing material is located on our website,
including as applicable its URL, so that we can locate the material; (5) Your name,
address, telephone number, and e-mail address;
(6) A statement that you have a good-faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; and
(7) 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.
13. APPLICABLE LAW
This Agreement, including, without limitation, our Privacy Policy, and any additional
terms and conditions that apply to your use of any specific services, features and
functions or the rental of any properties, as well as any other documents, policies
and provisions we refer to in any of the foregoing, all of which are hereby incorporated
by this reference, contains the entire understanding and agreement between you and
MyRentalPrice and supersedes any and all prior, inconsistent or other understandings
relating to the Website and your use of the Website. This Agreement cannot be modified,
changed or terminated, except as specifically described in the Introduction section
of this Agreement. If any provision of this Agreement is held to be illegal, invalid
or unenforceable, this will not affect any other provisions and this Agreement will
be deemed amended to the extent necessary to make it legal, valid and enforceable.
Any provision which must survive in order to allow us to enforce its meaning shall
survive termination of this Agreement; provided, however, no action arising out
of this Agreement or your use of the Website, regardless of form or the basis of
the claim, may be brought by you more than one year after the cause of action has
arisen (or if multiple causes, from the date the first such cause arose).
This Agreement and your use of the Website shall be governed by, construed and enforced
in accordance with the substantive laws of the State of New Jersey applicable to
contracts made, executed and wholly performed in that State, and, for the purposes
of any and all legal or equitable actions, you specifically agree and submit to
the exclusive jurisdiction and venue of the State and Federal Courts situated in
the State of New Jersey and County of Camden and agree you will not object to such
jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non
conveniens or otherwise; provided, however, that notwithstanding the foregoing,
you agree that MyRentalPrice has the right to commence and prosecute an action against
you in connection with this Agreement, in your home jurisdiction. To the extent
it may be applicable, you agree to opt out from and expressly exclude any applicability
of the Uniform Computer Information Transactions Act.
IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES
UNDER THIS AGREEMENT, YOUR USE OF THE WEBSITE OR WITH RESPECT TO THE SUBJECT MATTER
HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL
BY JURY. YOU AND MYRENTALPRICE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR
RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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