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Terms of Service Agreement rev 03/01/2004This is our Terms of Service Agreement for the services provided at this website. 1. Terms of Service Agreement RoanokeRental.com provides this listing service subject to this Terms of Service ("TOS") Agreement. We are permitted to make updates to this TOS at anytime without providing notice to our clients. An up-to-date version of the TOS is always available at this website. 2. Description of Service RoanokeRental.com provides a system of access to members of the public allowing them to search rental properties (the "Content") as listed by area landlords (the "Users" and the "Service"). New features added to the Service fall under the TOS. The Service is provided "as-is" without any guarantee of quality or continuity. RoanokeRental.com assumes no responsibility for the accuracy, timeliness, deletion, mis-delivery, or failure to store any information or settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service. 3. User Registration When you register for any of the services on this website, you agree not to misrepresent yourself. You agree to provide accurate name, contact information, and property listings. 4. User Account and Password Security Due to the nature of the material stored in the system, you will provide a unique username and password combination during registration. You are obligated to keep this information secure. You are responsible for any activities performed using your account. If your username and password combination has been compromised, you are required to notify RoanokeRental.com via e-mail (support@RoanokeRental.com ) immediately. You are also responsible for logging out of any terminals when you have finished your session. 5. Cancellation of Accounts and Banning of Users In the event that you violate any of the terms as presented listed here, your account will be terminated at the sole discretion of RoanokeRental.com. Once terminated, you are not permitted to create another account, and doing so would be considered unlawful entry into a computer system, punishable under applicable state and federal law. RoanokeRental.com reserves the right to terminate any account or ban any user without notice or reason. 6. Accuracy of Content By posting listings for property using this Service, you agree that all information is accurate and that the property listed is actually for rent. In order to post information about a property, you must be the owner or manager of the property or have the appropriate power of attorney. Any user posting inaccurate information is subject to the account cancellation terms as outlined in paragraph 5. 7. Content Submitted to the Service Users may elect to submit various electronic data (i.e. digital photos, etc) for posting on parts of this Service. By submitting this data, the user agrees to license the work to RoanokeRental.com so that it may be posted in public areas on the Service for the sole purpose of promoting rental properties. This license expires once the content is removed from the Service. The User also agrees that by submitting they own the rights to that data and consent to its posting without notice or right to appeal. 8. Indemnity You agree to indemnify and hold RoanokeRental.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. 9. Resale of Service You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. 10. External Links The appearance of hyperlinks does not constitute endorsement by the RoanokeRental.com of the Web site or the information, products or services contained therein. RoanokeRental.com does not exercise control over the information you may find at these locations. Such links are provided consistent with the purpose of this web site. 11. Proprietary Rights You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by RoanokeRental.com , you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. RoanokeRental.com grants you a personal, non-transferable and non-exclusive right and license to use the client-side code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the use of a web browser. 12. Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT RoanokeRental.com SHALL NOT BE LIABLE 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 RoanokeRental.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) 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 SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. 13. General Information The TOS constitute the entire agreement between you and RoanokeRental.com and govern your use of the Service, superceding any prior agreements between you and RoanokeRental.com. The TOS and the relationship between you and RoanokeRental.com shall be governed by the laws of the State of Virginia without regard to its conflict of law provisions. You and RoanokeRental.com agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Roanoke, Virginia. The failure of RoanokeRental.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS 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 the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect. 14. Violations Any violations to the TOS may be reported directly to RoanokeRental.com via e-mail: support@RoanokeRental.com Please use your Browser "Back" button to return to the previous page. | |||||||||
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