RENTS-TO-GO.COM TERMS OF USE
BY CLICKING THE CHECKBOX DISPLAYED AS PART OF THE ORDERING PROCESS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE “AGREEMENT”) GOVERNING YOUR USE OF RENTSTOGO’S ONLINE SERVICE, INCLUDING OFFLINE AND MOBILE COMPONENTS (COLLECTIVELY, THE “SERVICE”). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE.
Description of Service
As part of the Service, RENTSTOGO will provide you with use of the Service, including a browser interface and data encryption, transmission, access and storage. Your registration for, and use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the RENTSTOGO website incorporated by reference herein, including but not limited to RENTSTOGO’S privacy and security policies. For reference, a Definitions section is included at the end of this Agreement.
RENTSTOGO provides users with access to an array of services for both landlords and property managers as well as renters seeking a new residence. The services include tools for the management and distribution of rental real estate property information to both an internet and mobile based audience, lead management and new residence searching and matching. Users may create, edit broadcast, demand or delete information from their account(s) as required to meet their needs.
Please see our website for more information on our services.
1. Privacy & Security; Disclosure
RENTSTOGO’S privacy and security policies may be viewed at http://www.rents-to-go.com/privacy. Registration with our service indicates your acceptance of the RENTSTOGO privacy policy. RENTSTOGO reserves the right to modify its privacy and security policies in its reasonable discretion from time to time. Note that because the Service is a hosted, online application, RENTSTOGO occasionally may need to notify all users of the Service of important announcements regarding the operation of the Service.
Online shopping with RENTSTOGO is secure. Personal and credit card information entered on the site is transmitted electronically in a format that cannot be intercepted, altered or decoded by a third party as it is encrypted to ensure its confidentiality.
RENTSTOGO complies with SSL encryption standards, under which transaction information will always be transmitted securely. Payment is made directly through Desjardins.
RENTSTOGO does not store credit information on any transaction. As a result, online shoppers are required to submit credit card information with every new transaction.
2. License Grant & Restrictions
RENTSTOGO hereby grants you a non-exclusive, non-transferable, right to use the Service, solely for your own personal or internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by RENTSTOGO.
You may not access the Service if you are a competitor of RENTSTOGO, except with RENTSTOGO’S prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet “links” to the Service or “frame” or “mirror” any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service.
You may use the Service only for your personal or internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.
3. Your Responsibilities
You are responsible for all activity occurring under your User accounts and shall abide by all applicable local, provincial, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify RENTSTOGO immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to RENTSTOGO immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users; and (iii) not impersonate another RENTSTOGO user or provide false identity information to gain access to or use the Service.
4. Account Information and Data
RENTSTOGO does not own any data, information or material that you submit to the Service in the course of using the Service (“Customer Data”). You, not RENTSTOGO, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and RENTSTOGO shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. RENTSTOGO reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Customer Data immediately ceases, and RENTSTOGO shall have no obligation to maintain or forward any Customer Data.
5. Intellectual Property Ownership
RENTSTOGO alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the RENTSTOGO Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the RENTSTOGO Technology or the Intellectual Property Rights owned by RENTSTOGO. The RENTSTOGO name, the RENTSTOGO logo, and the product names associated with the Service are trademarks of RENTSTOGO and no right or license is granted to use them.
6. Third Party Interactions
“During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. RENTSTOGO and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. RENTSTOGO does not endorse any sites on the Internet that are linked through the Service. RENTSTOGO provides these links to you only as a matter of convenience, and in no event shall RENTSTOGO or its licensors be responsible for any content, products, or other materials on or available from such sites. RENTSTOGO provides the Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to
your use of or access to such software, hardware or services. ”
7. Charges and Payment of Fees
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The charges will be equal to the applicable subscription rate for a chosen broadcast period. Payments must be made at time of Service activisation within the RENTSTOGO system. Subscriptions to RENTSTOGO are available on a monthly, quarterly, semi-annually or Annual basis. All payment obligations are non-cancelable and all amounts paid are nonrefundable.
8. Billing and Renewal
RENTSTOGO charges and collects in advance for subscriptions to the Service. Fees for other services will be charged on an as-quoted basis. RENTSTOGO’S fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only Canadian (federal or provincial) taxes based solely on RENTSTOGO’S income.
You agree to provide RENTSTOGO with complete and accurate billing and contact information. This information includes your name and or legal company name, street address, e-mail address, and name and telephone number of an authorized contact. You agree to update this information as required by any change to it. If the contact information you have provided is false or fraudulent, RENTSTOGO reserves the right to terminate your access to the Service in addition to any other legal remedies.
Unless RENTSTOGO in its discretion determines otherwise: (i) entities with headquarters and a majority of users resident in Canada will be billed in Canadian dollars and subject to Canadian payment terms and pricing schemes (“Canadian Customers”).
If you believe your bill is incorrect, you must contact us in writing within 60 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.
9. Non-Payment and Suspension
In addition to any other rights granted to RENTSTOGO herein, RENTSTOGO reserves the right to suspend or terminate this Agreement and your access to the Service if your account becomes delinquent (falls into arrears).
You agree and acknowledge that RENTSTOGO has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if your account is inactive for greater than 120 days.
10. Termination for Cause
Any breach of your payment obligations or unauthorized use of the RENTSTOGO Technology or Service will be deemed a material breach of this Agreement. RENTSTOGO, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. In addition, RENTSTOGO may terminate a free account at any time in its sole discretion. You agree and acknowledge that RENTSTOGO has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.
11. Representations & Warranties
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. RENTSTOGO represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your billing information is correct.
12. Mutual Indemnification
You shall indemnify and hold RENTSTOGO, its subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Customer Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties; or (iii) a claim arising from the breach by you or your Users of this Agreement, provided in any such case that RENTSTOGO(a) gives written notice of the claim promptly to you; (b) gives you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release RENTSTOGO of all liability and such settlement does not affect RENTSTOGO’S business or Service); (c) provides to you all available information and assistance; and (d) has not compromised or settled such claim.
“RENTSTOGO shall indemnify and hold you and your parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) a claim alleging that the Service directly infringes a copyright, a Canadian or U.S. patent issued as of the Effective Date, or a trademark of a third party; (ii) a claim, which if true, would constitute a violation by RENTSTOGO of its representations or warranties; or (iii) a claim arising from breach of this Agreement by Rentstogo; provided that you (a) promptly give written notice of the claim to Rentstogo; (b) give RENTSTOGO sole control of the defense and settlement of the claim (provided that RENTSTOGO may not settle or defend any claim unless it unconditionally releases you of all liability); (c) provide to RENTSTOGO all available information and assistance; and (d) have not compromised or settled such claim. RENTSTOGO shall have no indemnification obligation, and you shall indemnify RENTSTOGO pursuant to this
Agreement, for claims arising from any infringement arising from the combination of the
Service with any of your products, service, hardware or business process(s). ”
13. Disclaimer of Warranties
“RENTSTOGO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. RENTSTOGO AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “”AS IS”” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS,
ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW BY RENTSTOGO AND ITS LICENSORS.”
14. Internet Delays
RENTSTOGO’S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND MOBILE AND ELECTRONIC COMMUNICATIONS. RENTSTOGO IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
15. Limitation of Liability
IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY’S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. Local Laws
“RENTSTOGO makes no claims that this website may be lawfully viewed or accessed outside of Canada. Access to this website may not be legal by certain persons or in certain countries. If you access this website from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of that jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable in it and shall in all respects be treated as a Quebec contract, without regard to your actual Province or Country of your residence or where this website is accessed. You irrevocably and unconditionally attorn to the exclusive jurisdiction of the courts of the Province of Quebec and all courts competent to hear appeals from them. Any conflict of laws principle or rule that would impose a law of another jurisdiction for the construction of this Agreement is renounced. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this website must be brought within one (1) yearfrom the date on which such claim or action arose or accrued. ”
17. Notice
RENTSTOGO may give notice by means of a general notice on the Service, by electronic mail to your e-mail address on record in the My Profile section of your account, or by written communication sent by first class mail or pre-paid post to your address on record in the My Profile section of your account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to RENTSTOGO (such notice shall be deemed given when received by RENTSTOGO) at any time by any of the following: letter sent by confirmed facsimile to RENTSTOGO at the following fax numbers (whichever is appropriate): (418) 907-9761); letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to RENTSTOGO at the following address (whichever is appropriate): Rentstogo, Inc., Suite 201-E, 530 Blvd. De l’Atrium, Quebec, Quebec addressed to the attention of: Chief Executive Officer.
18. Modification to Terms
RENTSTOGO reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
19. Assignment; Change in Control
This Agreement may not be assigned by you without the prior written approval of RENTSTOGO but may be assigned without your consent by RENTSTOGO to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. Any actual or proposed change in control of you that results or would result in a direct competitor of RENTSTOGO directly or indirectly owning or controlling 50% or more of you shall entitle RENTSTOGO to terminate this Agreement for cause immediately upon written notice.
20. Definitions
As used in this Agreement and in any Order Forms now or hereafter associated herewith: “Agreement” means these online terms of use, any Order Forms, whether written or submitted online via the Online Order Center, and any materials available on the RENTSTOGO website specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by RENTSTOGO from time to time in its sole discretion; “Content” means the audio and visual information, documents, software, products and services contained or made available to you in the course of using the Service; “Customer Data” means any data, information or material provided or submitted by you to the Service in the course of using the Service; “Effective Date” means the date this Agreement is accepted by selecting the “CHECKBOX” option presented on the screen titled Order Review ; “Initial Term” means the initial period during which you are obligated to pay for the Service equal to the subscription length selected by you during the subscription process (e.g., if the subscription length is quarterly, the Initial Term is the first quarter); “Intellectual Property Rights” means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world; “License Administrator(s)” means those Users designated by you who are authorized to purchase licenses online and to create User accounts and otherwise administer your use of the Service; “License Term(s)” means the period(s) during which you are licensed to use the Service pursuant to the Order Form(s); “Order Form(s)” means the form evidencing the initial subscription for the Service and any subsequent order forms submitted online, specifying, among other things, the subscription period(s) and other services contracted for, the applicable fees, the billing period, and other charges as agreed to between the parties, each such Order Form to be incorporated into and to become a part of this Agreement (in the event of any conflict between the terms of this Agreement and the terms of any such Order Form, the terms of this Agreement shall prevail); “Online Order Center” means RENTSTOGO’S online application process that allows you to, among other things, add additional property and units to the Service; “Rentstogo” means collectively Rentstogo, Inc., a Quebec corporation, having its principal place of business at 530 Blvd. de L’Atrium, Quebec, Quebec; “RENTSTOGO Technology” means all of RENTSTOGO’S proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by RENTSTOGO in providing the Service; “Service(s)” means the specific edition of RENTSTOGO’S online and mobile property listing service, billing, data analysis, or other corporate services identified during the ordering process, developed, operated, and maintained by Rentstogo, accessible via http://www.rents-to-go.com or a mobile device or another designated web site or IP address, or ancillary online or offline products and services provided to you by Rentstogo, to which you are being granted access under this Agreement, including the RENTSTOGO Technology and the Content; “User(s)” means your employees, representatives, consultants, contractors or agents who are authorized to use the Service and have been supplied user identifications and passwords by you (or by RENTSTOGO at your request).
Questions or Additional Information:
If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to info@rents-to-go.com.