Your use of ForLeaseByOwner.com is governed by and
conditioned on your consent to the Terms of Usage
Agreement. By using ForLeaseByOwner.com, the agree
to the Terms of Usage, you agree to be bound by the terms and
conditions of this Agreement.
THIS AGREEMENT (the "Agreement") is hereby entered into between ForLeaseByOwner.com and the person accessing this site ("You") on the following terms and conditions:
1. Agreement. This Agreement governs Your relationship with ForLeaseByOwner.com and Your use of ForLeaseByOwner.com, as described more fully in Section 2 ("Online Services"). The Agreement is comprised of the provisions that follow and any additional or different terms that may from time to time be implemented under Subsection (b)("Changes to Agreement") by ForLeaseByOwner.com.
Changes to Agreement. ForLeaseByOwner.com may change or add provisions to this Agreement from time to time in its sole discretion by publishing a notice in the OnLine Service. Any change to this Agreement will be effective upon publication. Your continued use of ForLeaseByOwner.com after the effective date of any amendment to this Agreement will constitute Your acceptance of the amendment. If You do not agree with a proposed change, You may exercise Your termination rights under Section 10 ("Term & Termination").
2. OnLine Services. ForLeaseByOwner.com may make available to You certain features, such as file libraries, electronic mail, discussion forums and live chat areas (collectively, "OnLine Services"). ForLeaseByOwner.com may in its sole discretion change, add or discontinue features and access privileges available through the OnLine Services at any time.
Third Party Suppliers. Certain features in the ForLeaseByOwner.com may be provided by Third Party Suppliers hosted on or accessed through a gateway provided by the ForLeaseByOwner.com. Third Party Suppliers may change, add or discontinue a feature at any time without notice. ForLeaseByOwner.com has no direct editorial control over and is not a republisher of content disseminated through the OnLine Service by Third Party Suppliers. ForLeaseByOwner.com is not a party to any transaction between You and any Third Party Supplier selling goods or services through ForLeaseByOwner.com. ForLeaseByOwner.com DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING GOODS OR SERVICES YOU OBTAIN FROM THIRD PARTY SUPPLIERS. YOU WILL LOOK SOLELY TO THE THIRD PARTY SUPPLIER FOR ALL CLAIMS REGARDING SUCH GOODS OR SERVICES.
User Content. ForLeaseByOwner.com is comprised of both Public Areas and Private Mail. Public Areas are those features that are generally accessible to other users, such as file uploads, group electronic mail and contributions to discussion forums and live chat areas. The materials You upload or post to Public Areas are known as "Public Contributions." Private Mail is electronic correspondence sent by You to particular individuals You select.
(i) Regulation of OnLine Conduct. ForLeaseByOwner.com is a mere distributor and has no practical ability or responsibility to prescreen or editorially control the content of Public Contributions. ForLeaseByOwner.com reserves the right (but does not assume the responsibility) to remove from Public Areas any Public Contribution brought to its attention which it deems detrimental to the OnLine Services or any person. You agree not to make any Public Contribution which violates or infringes the rights of any other person or which a reasonable person would consider abusive, profane or offensive, which is defamatory or harassing, or which violates or encourages others to violate this Agreement or any applicable law. You will not send so-called "chain letters," pornographic or obscene graphic images (e.g., GIF or JPEG), and You will not impersonate ForLeaseByOwner.com personnel or disrupt the orderly presentation of content. In order to protect itself, ForLeaseByOwner.com may without liability actively cooperate with and furnish identifying and supporting information to any person likely to be harmed by Your violation of these provisions. You also agree not to make Public Contributions that encourage others to become members of competitive information services or advertise products or services other than through channels or areas of the OnLine Service approved by ForLeaseByOwner.com.
(ii) Private Mail. It is ForLeaseByOwner.com's policy to respect the privacy of Private Mail. ForLeaseByOwner.com will not intentionally disclose the content of Private Mail to anyone other than the addressee, authorized recipients or to those who provide forwarding or delivery services, without the consent of the sender, the recipient or as required by law. ForLeaseByOwner.com reserves the right to examine Private Mail if it reasonably believes You or another User have violated this Agreement, any applicable law or if disclosure is required by court order or law enforcement authorities. ForLeaseByOwner.com may periodically delete unread or archival copies of Private Mail at published intervals and upon termination of an Account. You should make and store offline backup copies of all Private Mail that You wish to preserve.
(iii) Private Information. Any information we collect on our Site generally falls into the Personally Identifiable Information category. Personally Identifiable Information: This refers to information that lets us know specifically who you are. In general, you can visit our Site without telling us who you are or revealing any Personally Identifiable Information.
Payments - When you place an order for products or services, we collect Personally Identifiable Information (such as name, contact and billing information, credit card, and other transaction information). We use this information to process payment and to communicate with you about the status of your order. Credit card information submitted with your order is used only for payment processing and is not retained on our Site.
4. Use of ForLeaseByOwner.com. You certify that You are not a minor. Additionally, to the best of Your knowledge and belief, information provided by You during the registration of an Account is truthful, accurate and complete. During registration, You will be assigned a unique Account Number and User ID Number. A secret password for obtaining access to the OnLine Services through Your account will be assigned by ForLeaseByOwner.com. It is Your responsibility to safeguard and protect your User ID Number and password from disclosure or use by others. You will promptly notify ForLeaseByOwner.com if You have reason to believe Your account is being accessed or used by others. YOU ARE LIABLE FOR CHARGES POSTED TO YOUR ACCOUNT, INCLUDING UNAUTHORIZED CHARGES YOU COULD REASONABLY HAVE PREVENTED. Permitted Uses. You are granted during the Term of this Agreement a non-exclusive, nontransferable, limited license to access and make "Permitted Use" of the OnLine Services. For these purposes, Permitted Use means to execute Remote Access Software supplied by You (or available System Commands) to display information derived from the ForLeaseByOwner.com on Your computer or terminal screen, to download and store in nonvolatile memory insubstantial parts of such information in machine readable form for periods not exceeding ninety (90) days, and to print a reasonable number of copies of such information. The information obtained from ForLeaseByOwner.com may be used in Your personal or business activities and as part of work product distributed in electronic format to clients. In addition, You may download, store, load and execute on your Remote Access Equipment any JAVA applets or similar client-side routines made available by ForLeaseByOwner.com for such purpose.
Prohibited Uses. Except as authorized under Subsection (b) ("Permitted Uses"), You may not display, copy, download, store, reproduce, transmit, distribute, resell or otherwise commercially exploit any part of ForLeaseByOwner.com, including any data or information derived from ForLeaseByOwner.com, in any format or through any technology or media now existing or hereafter developed. You are specifically prohibited from disseminating any part of ForLeaseByOwner, data or information in a manner that potentially would usurp the market for the OnLine Services, including transmittal of copyrighted material through Private Mail or Public Areas of the ForLeaseByOwner.com without the owner's prior authorization.
No Assignment. You may not assign, transfer, sublicense, rent, lease or loan any of Your rights, nor delegate any of Your obligations under this Agreement and any attempt to the contrary shall be void and a material breach of this Agreement.
5. Price & Payment. All prices for listing property on ForLeaseByOnwer.com are published and periodically updated directly online.
Payment & Late Charges. Unless otherwise agreed in writing, all charges by ForLeaseByOwner.com for shall be billed to Your credit card or invoiced for the Billing Period (payable on upon receipt). You will pay all sales, use, value-added, personal property or other governmental tax or levy imposed on the goods or services provided to You (including interest and penalties imposed thereon) other than taxes based on the net income or profits of ForLeaseByOwner.com. If You fail to pay any amount when due, then this Agreement may, at ForLeaseByOwner.com's option, be suspended or terminated. You agree to pay all costs of enforcement, including reasonable legal fees.
6. Copyrights and Intellectual Property. You agree that all right, title and interest (including all copyrights and other intellectual property rights) belong exclusively to ForLeaseByOwner.com or other owner designated in the OnLine Services. You may retain copyright in each Public Contribution made through Your account to the OnLine Service. You grant ForLeaseByOwner.com and its users a royalty free, perpetual, irrevocable non-exclusive license to use, copy, modify, prepare derivative works of and redistribute such Public Contributions (in whole or in part) on a world-wide basis through technologies now existing or hereafter developed. ForLeaseByOwner.com retains exclusive ownership of all "compilation" and "collective work" copyrights in the selection, coordination and arrangement of materials in the OnLine Service as a whole.
Certain Trade Secrets. The OnLine Services are provided to You in machine readable form. You agree not to disassemble, decompile or reverse engineer any of the OnLine Service features. You also agree that any information obtained in violation of this restriction will be confidential information automatically and irrevocably deemed assigned to and owned exclusively by the owner of the original feature. You will at all times use due diligence to safeguard and protect all such confidential and proprietary information.
Identifying Marks. You will ensure that all marks, notices or legends pertaining to the origin, identity or ownership of the OnLine Services and any data, information or other content obtained from such OnLine Services remain intact and clearly legible.
7. Force Majeure. ForLeaseByOwner.com is excused from any failure or delay in performance of responsibilities otherwise imposed by this Agreement for any cause beyond its reasonable control. Such causes include, without limitation, fires, floods, storms, earthquakes, civil disturbances, disruption of telecommunications, transportation, utilities or necessary supplies, governmental action, computer viruses and incompatible or defective equipment, software or services not supplied by ForLeaseByOwner.com.
8. Warranties. The following provisions are subject to Section 9 ("Limitation of Remedies & Liabilities"). You warrant that any User Content uploaded by You to the OnLine Service will not infringe or misappropriate any copyright, trademark, patent, or the trade secrets of any third persons, or otherwise violate this Agreement or any applicable law. You will defend, indemnify and hold ForLeaseByOwner.com harmless from all liability and expense (including attorney fees) arising from any claim to the contrary and from any breach by You of the provisions of this Agreement regulating User Content. You also agree to have all User Content contributed through Your account screened for software viruses and will use due diligence to remove any viruses capable of being detected with commercially available detection programs.
Third Party Content. ForLeaseByOwner.com is a distributor (and not a publisher) of any features, contributions or content supplied by third party vendors and users to the OnLine Service. It has no more editorial control over such content than does a public library, book store or newsstand. As such, ForLeaseByOwner.com is not responsible for screening, policing, editing or monitoring such content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive material, ForLeaseByOwner.com may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such material from the OnLine Services. If ForLeaseByOwner.com elects to perform (or not to perform) any such activities, it shall be held harmless from all claims so long as it acts in good faith.
Disclaimer. You agree that the OnLine Services are provided strictly on an "as is" and "as available" basis without any express or implied warranty, guarantee or other assurance of quality, conformity with specifications, reliability or functionality. You accept all risk concerning suitability, use, performance or nonperformance of the OnLine Services. FORLEASEBYOWNER.COM MAKES NO WARRANTY, EXPRESS OR IMPLIED, AND DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
9. Term & Termination. This Agreement shall continue in full force and effect until terminated by either party upon thirty (30) days' notice. Notwithstanding the foregoing, (i) ForLeaseByOwner.com may suspend or terminate this Agreement at any time without notice if You breach any provision of it, and (ii) You may terminate this Agreement at any time if You do not agree to any amendment published under Section 1(b)("Changes to Agreement").
Effect of Termination. Termination of this Agreement will terminate Your right to access or use the OnLine Services. Termination will have no effect on payment of amounts due under Section 4 ("Price & Payment"), proprietary rights and obligations under Section 5 ("Copyrights and Intellectual Property"), indemnifications or disclaimers under Section 7 ("Warranties") or continuing assurances made under Section 10 ("Export Regulations").
10. Disputes, Choice of Law. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE UNITED STATES AND TEXAS, AND ANY ACTION SHALL BE INITIATED AND MAINTAINED IN A FORUM OF COMPETENT JURISDICTION IN SUCH DESIGNATED STATE. ANY ACTION OR OTHER PROCEEDING BY YOU SHALL BE INITIATED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE, OR BE BARRED.
11. Export Regulations. The transfer of technology across national boundaries is regulated by the U.S. Government. You agree not to export or re-export (including by transmission) any data or technology derived from the OnLine Service without first obtaining any required export license or governmental approval. This provision and the assurances made herein shall survive termination of this Agreement.
12. U.S. Government Restricted Rights. The OnLine Service (including Documentation) is a "computer data base" that constitutes "restricted computer software" and is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in the Rights in Commercial Computer Software clause at DFARS 227.7202-3 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights clause at 48 CFR 52.227-19, as applicable. The Contractor is ForLeaseByOwner.com, located at 3401 Needles Dr, Austin, TX 78746.
13. Notice to California Users. Under California Civil Code Section 1789.3, California Users are entitled to the following consumer rights information:
Pricing Information. Current prices and rates for using the OnLine Service may be obtained by calling 713-621-3526. ForLeaseByOwner.com reserves the right to change, increase or implement additional fees or prices, as provided in Section 1(b) ("Changes to Agreement").
Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 North Street, Suite 501, Sacramento, California 95814, or by telephone at (916) 445-1254.
14. Miscellaneous. This Agreement constitutes the entire and exclusive agreement between the parties with respect to this subject matter and supersedes all other communications, whether written or oral. This Agreement may be amended as provided in Section 1(b)("Changes to Agreement"). Any other amendment shall require a writing signed by ForLeaseByOwner.com, regardless of any course of conduct or trade practice between the parties. This document and Your acceptance as indicated by pressing "I accept" shall be considered an original document with authenticated signature admissible into evidence unless the document's authenticity is genuinely placed in question. You may issue a purchase order for administrative convenience, but it will have no substantive effect on the terms or conditions of this Agreement. Any provision hereof found by a tribunal of competent jurisdiction to be illegal or unenforceable shall be automatically conformed to the minimum requirements of law and all other provisions shall remain in full force and effect. Waiver of any provision hereof in one instance shall not preclude enforcement of it on future occasions. Headings are for reference purposes only and have no substantive effect.