2. License and restrictions
3. The service
This web site and the services provided to you on and via this web site are provided on an "AS IS" basis. You agree that E-Rental Tools reserves the right to modify or discontinue provision of this web site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you, E-Rental Tools will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information. E-Rental Tools's rights under this Section include, but are not limited to, the right to temporarily discontinue the availability of the Software on any day and time in order to implement maintenance and upgrades to the Services. You agree that E-Rental Tools shall not be liable to you or to any third party for any modification, suspension or discontinuance of the availability of the Services.
4. Your responsibilities and registration obligations
5. Registration and password
You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify E-Rental Tools of any unauthorized use of your user account, user name or password.
6. Your conduct
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("content"), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. E-Rental Tools will not be responsible to you in any way for content displayed on this web site, nor for any error or omission.
By using this web site or any service provided, you explicitly agree that:
(a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this web site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
(b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
(c) you will not collect or harvest any information about other users;
(d) you will not provide, and you will not use this web site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this web site to promote or operate any service or content without E-Rental Tools's prior written consent;
(e) you will not provide any content that may give rise to E-Rental Tools being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including -- but not limited to -- laws relating to copyrights, trademarks, patents, trade secrets or other intellectual property rights;
(f) you will not send or receive what we reasonably believe to be fraudulent funds;
(g) you will not use the E-Rental Tools Services to conduct business in a manner that results in or may result in disputes, complaints, fees, reversals, chargebacks, claims, fines, penalties,or other liability to E-Rental Tools, third parties, other Users, or to you;
(h) you will not take or participate in any actions constituting credit card fraud, check fraud, money laundering, or use the Service to take a cash advance from your credit card;
(i) you will not take any action that may cause us to lose any of the services from our service providers, payment processors, or other suppliers;
(j) you will not use any robot, spider, other automatic software or device, or manual process to monitor or copy the Services or any content or information offered in connection with the Services without E-Rental Tools's prior written consent;
(k) you will not reproduce, duplicate, copy, download, sell, resell, or otherwise exploit the Services, or any portion thereof, for commercial purposes without E-Rental Tools's prior written consent;
(l) you will not make any use of the trademarks, service marks, trade names, logos, and graphics used in connection with the Services without E-Rental Tool's prior written consent;
(m) you will not remove, decompile, disassemble, reverse engineer, or create compilations or derivative works of the Services or any portion thereof;
(n) you will not use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities, or users of the Services; and
(o) you will not hold E-Rental Tools liable for the violation of the above terms or any other illegal activity not foreseen at this time.
7. Submission of content on this web site
By providing any content to this web site:
(a) you agree to grant E-Rental Tools a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant E-Rental Tools the license specified in this section;
(c) you acknowledge and agree that E-Rental Tools will have the right (but not obligation), at E-Rental Tools'sentire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.
All required notices shall be in writing and shall be delivered to the address notified by the parties to each other by a means evidenced by a delivery receipt, by facsimile, or by e-mail. Notice shall be deemed to have been given upon (i) personal delivery; (ii) the second business day after mailing; (iii) 48 hours after sending by confirmed facsimile; or (iv) 48 hours after sending by e-mail. Notices to E-Rental Tools shall be addressed to the attention of its President.
Your use of the Services is independent of E-Rental Tools and not as an employee, agent, partner, or joint venture with E-Rental Tools for any purpose.
10. Third-party services
Goods and services of third parties may be advertised and/or may be made available on or through this web site. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. E-Rental Tools will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.
12. Payments and fees
E-Rental Tools will make electronic transfers through the Automated Clearing House ("ACH") system when subscribing to the E-Rental Tools online bill payment service. The Property Manager will pay a one-time setup fee to be eligible to accept payments through the bill payment service. A convenience fee willbe assessed to the Tenant or Condominium Owner to use the bill payment service at time of payment, and E-Rental Tools will collect these fees.The Property Manager may choose to pay this fee for the Tenant or Condominium Owner at their discretion. E-Rental Tools may at any time increase fees for access to the bill payment service or to portions of the service. All fees and charges incurred through your account will be at the rates in effect for the billing period in which such charges and fees are incurred. Any changes in pricing will be sent a at least 30 days in advance of such changes as a notice to the email address associated with your account. By using the Service, you acknowledge that (i) E-Rental Tools is payment processing service and is not a bank or provider of banking services, and (ii) E-Rental Tools is acting as only an agent and custodian with respect to your funds and is not acting as a fiduciary, trustee, or escrow. Property Managers must sign agreement(s) with our third party payment processing partner and will be subject to underwriting in order to be eligible for set up with a merchant account and use ofthe online bill payment services. E-Rental Tools is not liable for any damages caused by merchant account processing and delays. Please refer to the payment processor agreement for additional information regarding merchant services.
13. Financial transactions
E-Rental Tools shall not be responsible or liable in any way for loss incurred as result of (i)returned checks; (ii) insufficient funds; (iii) chargebacks; (iv) reversals; (v) retrieval fees; (vi) recall fees;(vii) excessive returns fees; (viii) early funding fees; (ix) account maintenance fees;(x) fraud; or (xi) any unforeseeable unsuccessful transactions or fees associated with those transactions. In the event that a payment is returned for any reason, E-Rental Tools will not attempt to collect fundsand will alert the affected parties of the returned payment. E-Rental Tools does not inherit the risk, assumed or otherwise, for any transaction performed through the bill payment services. E-Rental Tools is in no way a collections agency and does not provide any guarantees of payment through use of the bill payment services.
14. Forms and Documents
16. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND OF ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU "AS IS", AND E-RENTAL TOOLS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
E-RENTAL TOOLS MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER E-RENTAL TOOLS NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT E-RENTAL TOOLS WILL NOT BE HELD LIABLE IN ANY WAY.
Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT E-RENTAL TOOLS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF E-RENTAL TOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.
Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website or the products or services sold in this website), shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website or the products or services sold in this website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website or the products or services sold in this website.In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.For all purposes, E-Rental Tools is an independent contractor and owes no duty to users other than those defined in this agreement. E-Rental Tools does not have control of or liability for the products or services that are paid for with our Service. E-Rental Tools does not guarantee the identity of any user.
18. Reservation of rights
E-Rental Tools reserves all of E-Rental Tools's rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that E-Rental Tools may have in respect of this web site, its content, and goods and services that may be provided. The use of E-Rental Tools's rights and property requires E-Rental Tools'sprior written consent. By making services available to you, E-Rental Tools is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this web site or provided services without E-Rental Tools'sprior written consent.
19. Notification of copyright infringement
20. Applicable law
21. Waiver of jury trial
22. Injunctive relief
23. Attorney's fees
25. Refund policy
Services are paid for one month in advance and are non-refundable.
26. Cancellation policy
Cancellation of accounts with E-Rental Tools is permissible at anytime with no additional fees. Cancellation of bill payment service merchant accounts with our payment processor is subject to a cancellation fee if cancelled within the first year of service. This cancellation fee may be changed at the discretion of the payment processor and is subject to the terms of the merchant account agreement.
27. Miscellaneous information
Effective as of April 14, 2012