Terms and Conditions
By accessing, browsing, placing property advertisements on, or in any way using the website located at www.rentingit.com (the "Site"), you agree to these Terms of Service, and any other guidelines, rules, and additional terms referenced herein (collectively the "Terms of Service"). Please read the Terms of Service carefully. Your access to or use of the Site constitutes your acceptance of the Terms of Service. If you are unwilling to be bound by the Terms of Service, do not access or use the Site.
1. Definitions. A "User" is anyone who accesses, browses, places advertisements on, or in any way uses the Site, including but not limited to prospective and actual renters, landlords or landlords’ agents. The "Services" means the services and functionality made available to Users on the Site. "Content" means information, compilations, communications, images, photographs, graphics, audio, and videos. "User Content" means the Content that any User of the Site may submit, post, or transmit to, or using, the Site "OSM Content" means Content that is created by OSM and made available on the Site. "Third Party Content" means Content that is provided on the Site by parties other than OSM or the Users, including but not limited to data providers who license data to OSM for use on the Site. "Site Content" means all of the Content that is made available on the Site, including Content, User Content, Third Party Content, and OSM Content.
2. Eligibility. You must be at least 18 years old to use the Site. In addition, you may not use the Services or accept the Terms of Service if you are prohibited by law from receiving or using the Services. By accessing or using the Site, you represent and warrant that you have the right, authority, and capacity to enter into the Terms of Service and to abide by all of the terms and conditions set forth herein. If you access or use the Site on behalf of a company, entity, or organization, you represent and warrant that you are an authorized representative of such company, entity, or organization with the authority to bind it to the Terms of Service.
3. Changes to the Terms of Service or the Site. The Terms of Service may be modified by OSM at any time. When these changes are made, OSM will notify you by making a new copy of the Terms of Service available on this page and will indicate at the top of this page the date these terms were last revised. Any such modification will be effective upon OSM's posting of new Terms of Service. Your continued use of the Site after any posted modification to the Terms of Service indicates your acceptance of the modification. Unless expressly stated otherwise by OSM, any new Services or Site Content implemented after your initial access to the Site shall be subject to the Terms of Service.
4. User Accounts. To access or use some of the Services, you may be required to register on the Site by creating an account and providing information to OSM. You are solely responsible for maintaining the confidentiality of any passwords that you create in connection with the Site, and are solely responsible for all activities that occur in connection with your account. You agree to notify OSM immediately of any unauthorized use of your account. OSM reserves the right to close your account at any time for any or no reason. In creating or updating an account, you must be an authorized representative of the business or person in question, and you must provide complete and accurate information about the business or person you represent, and you may not provide an email address that is not your own.
5. Use of the Site. Subject to the restrictions set forth herein, OSM grants you permission to access and use the Services, including but not limited to the ability to: view, copy, download and print the Content available on the Site, provided that the Content is either used solely for personal, noncommercial purposes or only for the purposes of using the Services expressly offered by OSM. Without limiting the generality of the foregoing, prospective and actual renters are only permitted to use this Site to search for residential rentals, communicate with landlords or their agents, and consider other move-related services; and as a landlord and a landlord’s agent, you are only permitted to use this Site to advertise your properties and communicate with potential or actual renters.
6. Restrictions on Use.
You agree that you will not (and will not permit others to):
(a) Use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with a User's enjoyment of the Site;
(b) Use the Site to transmit or post spam, viruses, spyware, chain letters, contests, junk email, pyramid schemes, surveys, mass messaging, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(c) Use the Site to promote bigotry or discrimination against protected classes;
(d) Use the Site in a way that violates the Fair Housing Act or any other laws regarding non-discrimination in housing or advertising for housing;
(e) Use the Site to violate any third-party right, including any copyright, trademark, trade name, trade dress, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
(f) Use this site to harvest or otherwise collect information about users, including email addresses, without their consent;
(g) Use the Site in violation of the Terms of Service or any applicable local, state, national or international law;
(h) Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works of, publicly display, sell, trade, or in any way exploit the Site, the Services, or any of the Site Content, except as expressly authorized by OSM;
(i) Reverse engineer any portion of the Site;
(j) Remove any copyright, trademark or other proprietary rights notices contained on the Site or in any Site Content; (k) Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any Site Content or information from the Site, except for the purposes of use with a generalized Internet search site that does not have as its principal purpose the providing of information related to apartment rentals;
(l) Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of neighborhood information or rental properties;
(m) Reformat or frame any portion of the Site;
(n) Take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on OSM’s technology infrastructure; or
(o) Attempt to gain unauthorized access to the Site, User accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature or that monitors or attempts to monitor the computing activity of OSM or any third party; use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or any Services or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
7. Licenses.
(a) You hereby grant OSM and its affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, fully sublicensable, and fully transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, incorporate into other works, display, perform, and otherwise exploit User Content, and authorizing others to do the same, for any purpose, including without limitation promoting and redistributing, directly or indirectly, part or all of the Site (and derivative works thereof) in any media formats and through any media channels now known or later developed ("Downstream Distributions").
(b) Without limiting the above, you also hereby grant Users and users of any Downstream Distributions a non-exclusive license to access, use, reproduce, distribute, display, and perform User Content for their personal, noncommercial use in connection with their use of the Site and any Downstream Distributions, as expressly permitted by the functionality of the Site and any applicable Downstream Distribution, and the Terms of Service and terms of use of any applicable Downstream Distribution. In addition, you grant OSM, its affiliates, and their respective sublicensees the right to associate and display your account name with User Content.
(c) You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to User Content.
8. Responsibility for User Content.
(a) You are solely responsible for User Content. You assume all risks associated with use of User Content, including any reliance on its accuracy, completeness or usefulness by others, or any other disclosure by you of information in User Content. You hereby affirm, represent, and warrant that you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize OSM to use, User Content as described herein. You may not imply that User Content is in any way sponsored or endorsed by OSM.
(b) Because you alone are responsible for User Content (and not OSM), you may expose yourself to liability if, for example, User Content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech, violation of the
(c) Equal Housing Act; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
9. Use of User Content.
(a) OSM makes no representations that it will publish or otherwise use User Content in any way. OSM may or may not use User Content in its sole discretion. OSM has no obligation to store or provide you with copies of User Content.
(b) OSM reserves the right (but has no obligation) to remove or suppress User Content from the Site at its sole discretion for any or no reason and without notice or liability of any kind, including without limitation, the suppression or removal of User Content that OSM deems untrustworthy or in violation of the Terms of Service.
(c) OSM and its licensees may display advertisements and other information adjacent to or included with User Content on the Site and any Downstream Distributions. You agree that you are not entitled to any compensation for any such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
10. Copyright Dispute Policy. OSM has adopted the following policies and procedures toward copyright infringement in accordance with Title 17, United States Code, Section 512(c), which is part of the Digital Millennium Copyright Act ("DMCA"). The address of OSM's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section. It is OSM's policy to (i) respond to notices of alleged copyright infringement that comply with the DMCA; and (ii) terminate the accounts of those whom OSM determines to be "repeat infringers".
a. Procedure for Reporting Copyright Infringements. If you are a copyright owner or agent thereof, and believe that your copyright is being infringed in connection with the Site, please send a written notification to the Designated Agent detailing the alleged infringement. Your written notification must include:
Eric Basart
On-Site Manager, Inc.
2465 Latham St., Suite 301
Mountain View, CA 94040
United States of America
Phone: 650.934.4193
Fax: 646.619.4733
Email to: eric@on-site.com
The Designated Agent should only be contacted in connection with the issues raised in this Section. All other inquiries directed to the Designated Agent will not be responded to.
11. Availability of Service. OSM reserves the right (but is under no obligation) to modify, update, or discontinue the Site or any of the Services at its sole discretion, at any time, for any or no reason, and without notice or liability.
12. Unauthorized Access. OSM reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.
13. Investigations. OSM, in its sole discretion, may (but has no obligation to) monitor or review the Services and Site Content at any time. If OSM becomes aware of any possible violations by you of the Terms of Service or any law or third party right, OSM reserves the right to investigate such violations. If, as a result of such investigation, OSM believes that criminal activity has occurred, OSM reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. Except to the extent prohibited by applicable law, OSM is entitled to disclose any information or Site Content, including User Content, in OSM's possession in connection with your use of the Services to (i) comply with applicable law, legal process or governmental request, (ii) enforce the Terms of Service, (iii) respond to any claims that User Content violates the Terms of Service or any law or third party right, (iv) respond to requests for customer services, or (v) protect the rights, property or personal safety of OSM, its Users or the public, and law enforcement or other government officials, as OSM in its sole discretion believes to be necessary or appropriate.
14. Termination. OSM reserves the right (but is under no obligation) to terminate or suspend your account or your ability to use the Site, in whole or in part, at OSM's sole discretion, for any or no reason, and without notice or liability of any kind. Termination of your account may include: (i) removal of access to all offerings within the Services; (ii) deletion or disabling of your password and all related information, files and materials associated with or inside your account (or any part thereof), including User Content; and (iii) barring of further use of the Services. You agree that OSM shall not be liable to you or any third party for any termination of your account, or access to the Site, Services and Materials, including User Content. You may terminate the Terms of Service at any time by closing your account, discontinuing your use of any and all parts of the Site, and providing OSM with a notice of termination here. The Terms of Service will continue to apply until terminated by either you or OSM. Sections 7, 8, 10, 13, 14, 15, 16, 17, 18, 20 and 21 shall survive any termination of this Agreement.
15. Ownership. OSM owns the OSM Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the Site excluding User Content and Third Party Content. OSM also owns the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights associated with the OSM Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the OSM Content in whole or in part except as expressly authorized by OSM. Except as expressly and unambiguously provided herein, OSM does not grant you any express or implied rights, and all rights in and to the Site and the OSM Content are retained by OSM.
16. Disclaimers.
(a) THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. OSM MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS INFORMATION LISTED ON THE SITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH OR PROVIDED BY THE SITE OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE SITE. OSM FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, ARISING FROM A COURSE OF CONDUCT AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM OSM OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
(b) OSM SPECIFICALLY DISCLAIMS ALL LIABILITY RELATING TO YOUR USE OF THE SITE, SERVICES, AND SITE CONTENT. ACCESS TO, AND USE OF, THE SITE, SERVICES, AND SITE CONTENT ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. OSM ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH THE SERVICES.
(c) YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS ON THE SITE, ARE SOLELY BETWEEN YOU AND SUCH BUSINESSES, ADVERTISERS, AND USERS. OSM IS NOT RESPONSIBLE, AND DISCLAIMS ALL LIABILITY, FOR ANY LOSS OR DAMAGE ARISING OUT OF ANY SUCH COMMUNICATIONS OR DEALINGS. OSM RESERVES THE RIGHT (BUT HAS NO OBLIGATION) TO MONITOR DISPUTES BETWEEN YOU AND SUCH BUSINESSES, ADVERTISERS, AND USERS.
(d) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS, OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
17. Limitation on Liability.
(a) WITHOUT LIMITING THE FOREGOING, OSM WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OSM'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO OSM IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) US$50.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
18. Indemnity. You agree to indemnify and hold OSM, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Site or Services, (ii) your violation of the Terms of Service, or (iii) the infringement by you, or any third party using your account arising from User Content, of any intellectual property or other right of any person or entity. OSM reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of OSM. OSM will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
19. Third Parties. The Site Content may include links to other websites (the "Third Party Sites"). OSM does not control or endorse any Third Party Site, and you agree that OSM is not responsible for the availability or contents of any Third Party Site.
20. Miscellaneous.
(a) If there is any dispute about or involving the Site or OSM, you agree that any such dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state courts in Santa Clara County, California and Federal Courts applicable to Santa Clara County, CA. Some jurisdictions prohibit the use of a choice of law clause that would prevent a consumer from having recourse to courts in the consumer's local jurisdiction, so this governing law clause may not apply to you.
(b) No agency, partnership, joint venture, or employment is created as a result of the Terms of Service, and you do not have any authority of any kind to bind OSM in any respect whatsoever.
(c) OSM may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the Site.
(d) Except as otherwise stated in Sections 7 and 19 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
(e) The Terms of Service contain the entire agreement between you and OSM regarding the use of the Site, and supersede any prior agreement between you and OSM on such subject matter.
(f) The failure of OSM to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
(g) If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.
(h) The Terms of Service are not assignable, transferable or sublicensable by you except with OSM's prior written consent, but may be assigned or transferred by OSM without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void.
(i) The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
21. Release. Because the Site is an advertising venue, in the event that you have a dispute with one or more users, you release OSM, its parents and affiliates (and its respective officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. If you are a California resident, you waive California Civil Code §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."
22. Nature of the Site’s Services OSM operates the Site as a platform for landlords and landlords’ agents desiring to advertise residential rental properties with available units, and the advertisements on the Site are based on information provided by landlords and landlords’ agents. Accordingly, OSM is not responsible in any way for the content in any such advertisements, nor is OSM responsible for any actual lease transaction between a potential or actual renter and a landlord or landlord’s agent. OSM does not render legal, brokerage, or other professional advice or services to Users or any of its customers. Without limiting the generality of the foregoing, you acknowledge and agree as follows:
(a) OSM does not participate in any actual lease transactions, including, without limitation, negotiations, discussions, or proposals, and you expressly waive any requirement that purports to impose on OSM an obligation to perform any services other than those expressly undertaken by OSM;
(b) OSM does not render legal, brokerage, or other professional advice or services; in the event you desire or need such services, OSM strongly advises you to secure the same;
(c) OSM is not undertaking any, and has no, duties to Users, including, without limitation, the obligation to inspect rental properties, to verify the veracity of information contained in an advertisement;
(d) OSM is not responsible for the content of, nor does it endorse, the third-party websites to which you may link using the Site;
(e) OSM does not guarantee the accuracy of any information available on the Site, and is not responsible for any errors, omissions, or misrepresentations, made by Users or otherwise and all information obtained on the Site must be verified independently;
(f) OSM may make changes to its products and/or services and the Site at any time and without notifying you or receiving your consent; and
(g) While OSM complies with applicable state and federal laws, including federal civil rights laws, OSM cannot guarantee that its Users so comply. Accordingly, OSM assumes no liability for Users’ failures to comply with such laws.
23. Contact and Violations. Please contact us with any questions regarding the Terms of Service. Please report any violations of the Terms of Service to eric@on-site.com.
24. Marks. On-Site.com and the On-Site.com logo are proprietary service marks of On-Site Manager, Inc.
CVR 06-031-012, CF 112.03 (1999) CF 112.03 CONSUMER CONSENT
(a) A person required to obtain consumer consent pursuant to 9 V.S.A. §§ 2480e and 2480g shall obtain said consent in writing if the consumer has made a written application or written request for credit, insurance, employment, housing or governmental benefit. If the consumer has applied for or requested credit, insurance, employment, housing or governmental benefit in a manner other than in writing, then the person required to obtain consumer consent pursuant to 9 V.S.A. §§ 2480e and 2480g shall obtain said consent in writing or in the same manner in which the consumer made the application or request. The terms of this rule apply whether the consumer or the person required to obtain consumer consent initiates the transaction.
(b) Consumer consent required pursuant to 9 V.S.A. §§ 2480e and 2480g shall be deemed to have been obtained in writing if, after a clear and adequate written disclosure of the circumstances under which a credit report or credit reports may be obtained and the purposes for which the credit report or credit reports may be obtained, the consumer indicates his or her consent by providing his or her signature.
(c) The fact that a clear and adequate written consent form is signed by the consumer after the consumer's credit report has been obtained pursuant to some other form of consent shall not affect the validity of the earlier consent.
1. Definitions. A "User" is anyone who accesses, browses, places advertisements on, or in any way uses the Site, including but not limited to prospective and actual renters, landlords or landlords’ agents. The "Services" means the services and functionality made available to Users on the Site. "Content" means information, compilations, communications, images, photographs, graphics, audio, and videos. "User Content" means the Content that any User of the Site may submit, post, or transmit to, or using, the Site "OSM Content" means Content that is created by OSM and made available on the Site. "Third Party Content" means Content that is provided on the Site by parties other than OSM or the Users, including but not limited to data providers who license data to OSM for use on the Site. "Site Content" means all of the Content that is made available on the Site, including Content, User Content, Third Party Content, and OSM Content.
2. Eligibility. You must be at least 18 years old to use the Site. In addition, you may not use the Services or accept the Terms of Service if you are prohibited by law from receiving or using the Services. By accessing or using the Site, you represent and warrant that you have the right, authority, and capacity to enter into the Terms of Service and to abide by all of the terms and conditions set forth herein. If you access or use the Site on behalf of a company, entity, or organization, you represent and warrant that you are an authorized representative of such company, entity, or organization with the authority to bind it to the Terms of Service.
3. Changes to the Terms of Service or the Site. The Terms of Service may be modified by OSM at any time. When these changes are made, OSM will notify you by making a new copy of the Terms of Service available on this page and will indicate at the top of this page the date these terms were last revised. Any such modification will be effective upon OSM's posting of new Terms of Service. Your continued use of the Site after any posted modification to the Terms of Service indicates your acceptance of the modification. Unless expressly stated otherwise by OSM, any new Services or Site Content implemented after your initial access to the Site shall be subject to the Terms of Service.
4. User Accounts. To access or use some of the Services, you may be required to register on the Site by creating an account and providing information to OSM. You are solely responsible for maintaining the confidentiality of any passwords that you create in connection with the Site, and are solely responsible for all activities that occur in connection with your account. You agree to notify OSM immediately of any unauthorized use of your account. OSM reserves the right to close your account at any time for any or no reason. In creating or updating an account, you must be an authorized representative of the business or person in question, and you must provide complete and accurate information about the business or person you represent, and you may not provide an email address that is not your own.
5. Use of the Site. Subject to the restrictions set forth herein, OSM grants you permission to access and use the Services, including but not limited to the ability to: view, copy, download and print the Content available on the Site, provided that the Content is either used solely for personal, noncommercial purposes or only for the purposes of using the Services expressly offered by OSM. Without limiting the generality of the foregoing, prospective and actual renters are only permitted to use this Site to search for residential rentals, communicate with landlords or their agents, and consider other move-related services; and as a landlord and a landlord’s agent, you are only permitted to use this Site to advertise your properties and communicate with potential or actual renters.
6. Restrictions on Use.
You agree that you will not (and will not permit others to):
(a) Use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with a User's enjoyment of the Site;
(b) Use the Site to transmit or post spam, viruses, spyware, chain letters, contests, junk email, pyramid schemes, surveys, mass messaging, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(c) Use the Site to promote bigotry or discrimination against protected classes;
(d) Use the Site in a way that violates the Fair Housing Act or any other laws regarding non-discrimination in housing or advertising for housing;
(e) Use the Site to violate any third-party right, including any copyright, trademark, trade name, trade dress, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
(f) Use this site to harvest or otherwise collect information about users, including email addresses, without their consent;
(g) Use the Site in violation of the Terms of Service or any applicable local, state, national or international law;
(h) Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works of, publicly display, sell, trade, or in any way exploit the Site, the Services, or any of the Site Content, except as expressly authorized by OSM;
(i) Reverse engineer any portion of the Site;
(j) Remove any copyright, trademark or other proprietary rights notices contained on the Site or in any Site Content; (k) Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any Site Content or information from the Site, except for the purposes of use with a generalized Internet search site that does not have as its principal purpose the providing of information related to apartment rentals;
(l) Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of neighborhood information or rental properties;
(m) Reformat or frame any portion of the Site;
(n) Take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on OSM’s technology infrastructure; or
(o) Attempt to gain unauthorized access to the Site, User accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature or that monitors or attempts to monitor the computing activity of OSM or any third party; use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or any Services or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
7. Licenses.
(a) You hereby grant OSM and its affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, fully sublicensable, and fully transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, incorporate into other works, display, perform, and otherwise exploit User Content, and authorizing others to do the same, for any purpose, including without limitation promoting and redistributing, directly or indirectly, part or all of the Site (and derivative works thereof) in any media formats and through any media channels now known or later developed ("Downstream Distributions").
(b) Without limiting the above, you also hereby grant Users and users of any Downstream Distributions a non-exclusive license to access, use, reproduce, distribute, display, and perform User Content for their personal, noncommercial use in connection with their use of the Site and any Downstream Distributions, as expressly permitted by the functionality of the Site and any applicable Downstream Distribution, and the Terms of Service and terms of use of any applicable Downstream Distribution. In addition, you grant OSM, its affiliates, and their respective sublicensees the right to associate and display your account name with User Content.
(c) You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to User Content.
8. Responsibility for User Content.
(a) You are solely responsible for User Content. You assume all risks associated with use of User Content, including any reliance on its accuracy, completeness or usefulness by others, or any other disclosure by you of information in User Content. You hereby affirm, represent, and warrant that you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize OSM to use, User Content as described herein. You may not imply that User Content is in any way sponsored or endorsed by OSM.
(b) Because you alone are responsible for User Content (and not OSM), you may expose yourself to liability if, for example, User Content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech, violation of the
(c) Equal Housing Act; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
9. Use of User Content.
(a) OSM makes no representations that it will publish or otherwise use User Content in any way. OSM may or may not use User Content in its sole discretion. OSM has no obligation to store or provide you with copies of User Content.
(b) OSM reserves the right (but has no obligation) to remove or suppress User Content from the Site at its sole discretion for any or no reason and without notice or liability of any kind, including without limitation, the suppression or removal of User Content that OSM deems untrustworthy or in violation of the Terms of Service.
(c) OSM and its licensees may display advertisements and other information adjacent to or included with User Content on the Site and any Downstream Distributions. You agree that you are not entitled to any compensation for any such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
10. Copyright Dispute Policy. OSM has adopted the following policies and procedures toward copyright infringement in accordance with Title 17, United States Code, Section 512(c), which is part of the Digital Millennium Copyright Act ("DMCA"). The address of OSM's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section. It is OSM's policy to (i) respond to notices of alleged copyright infringement that comply with the DMCA; and (ii) terminate the accounts of those whom OSM determines to be "repeat infringers".
a. Procedure for Reporting Copyright Infringements. If you are a copyright owner or agent thereof, and believe that your copyright is being infringed in connection with the Site, please send a written notification to the Designated Agent detailing the alleged infringement. Your written notification must include:
Eric Basart
On-Site Manager, Inc.
2465 Latham St., Suite 301
Mountain View, CA 94040
United States of America
Phone: 650.934.4193
Fax: 646.619.4733
Email to: eric@on-site.com
The Designated Agent should only be contacted in connection with the issues raised in this Section. All other inquiries directed to the Designated Agent will not be responded to.
11. Availability of Service. OSM reserves the right (but is under no obligation) to modify, update, or discontinue the Site or any of the Services at its sole discretion, at any time, for any or no reason, and without notice or liability.
12. Unauthorized Access. OSM reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.
13. Investigations. OSM, in its sole discretion, may (but has no obligation to) monitor or review the Services and Site Content at any time. If OSM becomes aware of any possible violations by you of the Terms of Service or any law or third party right, OSM reserves the right to investigate such violations. If, as a result of such investigation, OSM believes that criminal activity has occurred, OSM reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. Except to the extent prohibited by applicable law, OSM is entitled to disclose any information or Site Content, including User Content, in OSM's possession in connection with your use of the Services to (i) comply with applicable law, legal process or governmental request, (ii) enforce the Terms of Service, (iii) respond to any claims that User Content violates the Terms of Service or any law or third party right, (iv) respond to requests for customer services, or (v) protect the rights, property or personal safety of OSM, its Users or the public, and law enforcement or other government officials, as OSM in its sole discretion believes to be necessary or appropriate.
14. Termination. OSM reserves the right (but is under no obligation) to terminate or suspend your account or your ability to use the Site, in whole or in part, at OSM's sole discretion, for any or no reason, and without notice or liability of any kind. Termination of your account may include: (i) removal of access to all offerings within the Services; (ii) deletion or disabling of your password and all related information, files and materials associated with or inside your account (or any part thereof), including User Content; and (iii) barring of further use of the Services. You agree that OSM shall not be liable to you or any third party for any termination of your account, or access to the Site, Services and Materials, including User Content. You may terminate the Terms of Service at any time by closing your account, discontinuing your use of any and all parts of the Site, and providing OSM with a notice of termination here. The Terms of Service will continue to apply until terminated by either you or OSM. Sections 7, 8, 10, 13, 14, 15, 16, 17, 18, 20 and 21 shall survive any termination of this Agreement.
15. Ownership. OSM owns the OSM Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the Site excluding User Content and Third Party Content. OSM also owns the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights associated with the OSM Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the OSM Content in whole or in part except as expressly authorized by OSM. Except as expressly and unambiguously provided herein, OSM does not grant you any express or implied rights, and all rights in and to the Site and the OSM Content are retained by OSM.
16. Disclaimers.
(a) THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. OSM MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS INFORMATION LISTED ON THE SITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH OR PROVIDED BY THE SITE OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE SITE. OSM FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, ARISING FROM A COURSE OF CONDUCT AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM OSM OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
(b) OSM SPECIFICALLY DISCLAIMS ALL LIABILITY RELATING TO YOUR USE OF THE SITE, SERVICES, AND SITE CONTENT. ACCESS TO, AND USE OF, THE SITE, SERVICES, AND SITE CONTENT ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. OSM ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH THE SERVICES.
(c) YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS ON THE SITE, ARE SOLELY BETWEEN YOU AND SUCH BUSINESSES, ADVERTISERS, AND USERS. OSM IS NOT RESPONSIBLE, AND DISCLAIMS ALL LIABILITY, FOR ANY LOSS OR DAMAGE ARISING OUT OF ANY SUCH COMMUNICATIONS OR DEALINGS. OSM RESERVES THE RIGHT (BUT HAS NO OBLIGATION) TO MONITOR DISPUTES BETWEEN YOU AND SUCH BUSINESSES, ADVERTISERS, AND USERS.
(d) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS, OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
17. Limitation on Liability.
(a) WITHOUT LIMITING THE FOREGOING, OSM WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OSM'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO OSM IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) US$50.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
18. Indemnity. You agree to indemnify and hold OSM, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Site or Services, (ii) your violation of the Terms of Service, or (iii) the infringement by you, or any third party using your account arising from User Content, of any intellectual property or other right of any person or entity. OSM reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of OSM. OSM will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
19. Third Parties. The Site Content may include links to other websites (the "Third Party Sites"). OSM does not control or endorse any Third Party Site, and you agree that OSM is not responsible for the availability or contents of any Third Party Site.
20. Miscellaneous.
(a) If there is any dispute about or involving the Site or OSM, you agree that any such dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state courts in Santa Clara County, California and Federal Courts applicable to Santa Clara County, CA. Some jurisdictions prohibit the use of a choice of law clause that would prevent a consumer from having recourse to courts in the consumer's local jurisdiction, so this governing law clause may not apply to you.
(b) No agency, partnership, joint venture, or employment is created as a result of the Terms of Service, and you do not have any authority of any kind to bind OSM in any respect whatsoever.
(c) OSM may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the Site.
(d) Except as otherwise stated in Sections 7 and 19 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
(e) The Terms of Service contain the entire agreement between you and OSM regarding the use of the Site, and supersede any prior agreement between you and OSM on such subject matter.
(f) The failure of OSM to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
(g) If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.
(h) The Terms of Service are not assignable, transferable or sublicensable by you except with OSM's prior written consent, but may be assigned or transferred by OSM without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void.
(i) The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
21. Release. Because the Site is an advertising venue, in the event that you have a dispute with one or more users, you release OSM, its parents and affiliates (and its respective officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. If you are a California resident, you waive California Civil Code §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."
22. Nature of the Site’s Services OSM operates the Site as a platform for landlords and landlords’ agents desiring to advertise residential rental properties with available units, and the advertisements on the Site are based on information provided by landlords and landlords’ agents. Accordingly, OSM is not responsible in any way for the content in any such advertisements, nor is OSM responsible for any actual lease transaction between a potential or actual renter and a landlord or landlord’s agent. OSM does not render legal, brokerage, or other professional advice or services to Users or any of its customers. Without limiting the generality of the foregoing, you acknowledge and agree as follows:
(a) OSM does not participate in any actual lease transactions, including, without limitation, negotiations, discussions, or proposals, and you expressly waive any requirement that purports to impose on OSM an obligation to perform any services other than those expressly undertaken by OSM;
(b) OSM does not render legal, brokerage, or other professional advice or services; in the event you desire or need such services, OSM strongly advises you to secure the same;
(c) OSM is not undertaking any, and has no, duties to Users, including, without limitation, the obligation to inspect rental properties, to verify the veracity of information contained in an advertisement;
(d) OSM is not responsible for the content of, nor does it endorse, the third-party websites to which you may link using the Site;
(e) OSM does not guarantee the accuracy of any information available on the Site, and is not responsible for any errors, omissions, or misrepresentations, made by Users or otherwise and all information obtained on the Site must be verified independently;
(f) OSM may make changes to its products and/or services and the Site at any time and without notifying you or receiving your consent; and
(g) While OSM complies with applicable state and federal laws, including federal civil rights laws, OSM cannot guarantee that its Users so comply. Accordingly, OSM assumes no liability for Users’ failures to comply with such laws.
23. Contact and Violations. Please contact us with any questions regarding the Terms of Service. Please report any violations of the Terms of Service to eric@on-site.com.
24. Marks. On-Site.com and the On-Site.com logo are proprietary service marks of On-Site Manager, Inc.
CVR 06-031-012, CF 112.03 (1999) CF 112.03 CONSUMER CONSENT
(a) A person required to obtain consumer consent pursuant to 9 V.S.A. §§ 2480e and 2480g shall obtain said consent in writing if the consumer has made a written application or written request for credit, insurance, employment, housing or governmental benefit. If the consumer has applied for or requested credit, insurance, employment, housing or governmental benefit in a manner other than in writing, then the person required to obtain consumer consent pursuant to 9 V.S.A. §§ 2480e and 2480g shall obtain said consent in writing or in the same manner in which the consumer made the application or request. The terms of this rule apply whether the consumer or the person required to obtain consumer consent initiates the transaction.
(b) Consumer consent required pursuant to 9 V.S.A. §§ 2480e and 2480g shall be deemed to have been obtained in writing if, after a clear and adequate written disclosure of the circumstances under which a credit report or credit reports may be obtained and the purposes for which the credit report or credit reports may be obtained, the consumer indicates his or her consent by providing his or her signature.
(c) The fact that a clear and adequate written consent form is signed by the consumer after the consumer's credit report has been obtained pursuant to some other form of consent shall not affect the validity of the earlier consent.