1. ONLINE VENUE
1.1 Online Venue. Erentpay.com is an online venue ("Venue") allowing landlords and tenants to interact with each other, including paying and receiving rent and other services. eRentPay is not involved in the actual transactions between landlords and tenants or any other users. We do not own or manage, nor can we contract for, any of the properties listed on this site. eRentPay is not a landlord, real estate agent, or broker. Rather, eRentPay merely provides the venue for users, including landlords and tenants to interact. The actual lease and other transactions are directly between the landlords and tenants who use this site. We are not a party to any rental or other agreement between users. This is true even if you sign a lease using eRentPay or use one of eRentPay’s forms. While we may facilitate the signing of lease agreements or provide other tools, services or products, we are not a party to any rental or other agreements between users.
1.2 Local Laws and Regulations. You agree that you are responsible for and agree to abide by all laws, rules and regulations applicable to you, including laws, rules, regulations or other requirements relating to taxes, credit cards, data and privacy, taxes, permits or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws. Each state and many local municipalities have unique rules and regulations concerning rental properties, landlords, tenants, and property managers. Nothing on this website constitutes legal advice and eRentPay makes no warranty that use of ERENTPAY.COM or the forms or services offered by ERENTPAY.COM is permissible under your local laws and regulations. The legal analysis of whether a particular lease provision or landlord practice is permissible in your area cannot be properly represented or accounted for on a web page. You are responsible for following all local laws and regulations, including those related to rental properties in your area. If you have a question about specific laws or regulations in your area, you should contact a local attorney who is authorized to practice in your sate and it familiar with the local laws applicable to you.
1.3 Payments. By providing us with your banking or other payment information, you authorize us to use it and disclose it to our payment gateway providers for the purpose of processing payments. We never take custody of money you transfer, we cannot provide refunds, and we’re not responsible for what recipients do with the payments you make.
1.4 Credit Reports. We are not a credit bureau or credit reporting agency and do not control the contents of credit reports, including reports obtained through ERENTPAY.COM. If you believe that any information contained in your credit report is inaccurate or incomplete, you should dispute it directly with the credit reporting agency that issued the report.
1.5 No Control Over User Services. eRentPay has no control over and does not guarantee: (a) the existence, quality, safety or legality of the services provided among users; (b) the rental properties advertised; (c) the truth or accuracy of users' content or listings; (d) the ability of landlords to actually rent a property; the ability of tenants to pay rent; or (e) that a landlord or tenant will actually complete a transaction or provide a service. All property listings on ERENTPAY.COM are the sole responsibility of the user (who may be the owner or a property manager or duly authorized property manager or agent of the owner) and we specifically disclaim any and all liability arising from the alleged accuracy of the listings or any alleged breaches of contract on a user's part.
1.6 Legal Compliance. You agree not to use the Venue to offer services which are illegal in Nevada, the United States, or in your local jurisdiction. By using the Venue, you agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your activity on ERENTPAY.COM. In addition, you shall be responsible for paying any and all taxes applicable to any services offered through ERENTPAY.COM.
1.7 Use of the Venue. If you choose to use the Venue, you agree to:
(a) post accurate information about yourself and any properties or services offered by you on the Venue;
(d) list properties and services in appropriate categories;
(e) abide by all applicable laws, third party rights, and eRentPay policies;
(f) pay all required fees to ERENTPAY.COM for use of the service; and
(g) use the Venue at your own risk.
1.8 Placing Listings. If you place a listing on the Venue, you are legally and solely responsible for the content of the listing and your interactions with any landlords or tenants. By placing a listing on the Venue, you warrant that all aspects of the listing comply with eRentPay's published policies. You further warrant that you are in compliance with eRentPay's published policies. You also warrant that you may legally post the listing.
1.9 Responding to Listings. If you respond to a listing on the Venue, you are legally responsible for your interactions with any landlords or tenants. You further warrant that you are in compliance with eRentPay's published policies. You are responsible for reading the full item listing before completing a transaction. When you enter into an agreement with a landlord or tenant you are entering into a legally binding contract directly with the landlord or tenant, not with eRentPay.
1.10 Scams. Use common sense when placing or responding to a listing through the Venue. Use the same common sense you would use in the real world when reading an ad. If it is too good to be true, it is a scam. For more information about various online scams and how to avoid them, go to http://OnGuardOnline.gov.
1.11 Cancellation of Listings or Accounts. eRentPay reserves the right to terminate any listing or to cancel the account of any Venue user at any time and for any reason.
1.12 Additional Policies. The use of the Venue is subject to published policies posted on the ERENTPAY.COM website, including policies regarding listing items, selling items, buying items, and the current list of service fees. Your use of the Venue is subject to those policies, which are incorporated into this Agreement by this reference.
2. WEBSITE ACCESS
2.1 eRentPay grants you a limited, revocable, nonexclusive license to access ERENTPAY.COM for your own personal use.
2.2 In order to access some features of ERENTPAY.COM, you will have to create an account. You may never use another's account without the account holder's permission. When creating your account, you must provide accurate and complete information. Should any of your information change after submitting it to ERENTPAY.COM, you are required to update that information immediately.
2.3 You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify eRentPay immediately of any breach of security or unauthorized use of your account. Although eRentPay will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of eRentPay or others due to such unauthorized use.
2.4 You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers" that access ERENTPAY.COM. You agree not to collect or harvest any personally identifiable information, including account names, from ERENTPAY.COM, nor to use the communication systems provided by ERENTPAY.COM for any commercial solicitation or illegal or improper purposes.
2.5 Notwithstanding the foregoing, eRentPay grants the operators of recognized international public search engines, such as Google and Bing permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials. eRentPay reserves the right to revoke these exceptions either generally or in specific cases.
2.7 Termination of Service. eRentPay reserves the right to modify or discontinue, temporarily or permanently, its website, including its interactive features, blogs, forums, comments (or any part thereof) with or without notice at any time. You agree that eRentPay shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any service.
2.8 Consent to Electronic Service. When you use ERENTPAY.COM or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on ERENTPAY.COM. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3. THIRD PARTY SUBMISSIONS / INTERACTIVE FEATURES
3.1 The ERENTPAY.COM website may permit the submission, hosting, sharing, and/or publishing of text, photographs, audio, videos, reviews, or other content, including property information and property listings, by you, other users, and other third parties such as our partners or affiliates ("Third Party Submissions").
3.2 Third Party Submissions also include, but are not limited to, property information, reviews, photograph submissions, profile submissions, and any other interactive area of ERENTPAY.COM.
3.3 Third Party Submissions may contain the views and opinions of individual content authors. Third Party Submissions are for informational purposes only and do not necessarily reflect the thoughts and opinions of eRentPay or any officer, employee, agent, or affiliate thereof.
3.4 By posting, submitting or uploading a Third Party Submission to any area of ERENTPAY.COM, you automatically grant, and you represent and warrant that you have the right to grant, to eRentPay an irrevocable, perpetual, non-exclusive, fully paid, sublicensable, transferable, worldwide license to use, copy, perform, display, and distribute said Third Party Submission and to prepare derivative works of, or incorporate into other works, said Third Party Submission, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Third Party Submissions to ERENTPAY.COM, you automatically grant eRentPay all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Third Party Submission by any party for any purpose.
3.5 You acknowledge that the interactive features on ERENTPAY.COM are not for private communications. You acknowledge that you have no expectation of privacy with regard to any submission to ERENTPAY.COM. eRentPay cannot guarantee the security of any information you disclose through ERENTPAY.COM. You make such disclosures at your own risk. eRentPay has no obligation to retain or provide you copies of Third Party Submissions
3.6 By posting Third Party Submissions to ERENTPAY.COM or by using any other interactive area of the website, you specifically agree to comply with each of the following:
(a) You will not post or transmit any material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights.
(b) If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the material, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the material.
(c) You have fully complied with any third-party licenses relating to the material you post or transmit and have done all things necessary to successfully pass through to Book By Part any required terms.
(d) You will not post or transmit any material that is false, deceptive, misleading, or deceitful.
(e) You will not post or transmit any material that is abusive, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, defamatory, vulgar, obscene, sexually-oriented, profane or is otherwise in violation of any applicable law, rule or regulation.
(f) You will not post or transmit any material that deceptively impersonates any person or entity.
(g) Your username or the material you submit is not named in a manner that misleads users into thinking that you are another person or company.
(h) You will post content that constitutes or contains any form of advertising or solicitation or for commercial purposes. Do not post a URL unless it directly relates to a user's question.
(i) You will not post or transmit any software or computer files that contains malware, computer viruses, worms, Trojan horses, rootkits, spyware, adware, and other malicious or unrequested software, computer code, or file.
(j) You will not post or transmit any content that is intended to promote or commit an illegal act.
Failure to comply with the above rules may lead to you being immediately and permanently banned, with notification to law enforcement and/or your internet service provider.
3.7 When posting Third Party Submissions, you agree never to use a third-party agent, service, or intermediary that offers to post Third Party Submissions to ERENTPAY.COM on your behalf ("Posting Agent"). Posting Agents are not permitted to post Third Party Submissions on behalf of others, to cause Third Party Submissions to be so posted, or otherwise access ERENTPAY.COM to facilitate posting Third Party Submissions on behalf of others, except with express written permission from eRentPay.
3.8 You are and shall remain solely responsible for any and all Third Party Submissions you make through ERENTPAY.COM. You acknowledge that any information you disclose through ERENTPAY.COM becomes public information and can be used by people you do not know. Accordingly, you should exercise caution when deciding to disclose any information on ERENTPAY.COM. Any such disclosures are at your own risk.
3.9 eRentPay does not prescreen Third Party Submissions submitted and eRentPay has no duty to monitor any interactive area of its website. Although we may monitor or review Third Party Submissions from time to time, we do not actively monitor the Third Party Submissions of the interactive areas, including Event listings, and we are not under any obligation to do so. Each user is solely responsible and liable for the contents of his or her Third Party Submissions, and we are not responsible in any way for the content or opinions expressed therein. We have the right, but not the obligation, to remove, edit or move, at any time, any material posted, in each case as we deem appropriate. eRentPay may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to any submission in any ERENTPAY.COM forum.
3.10 You acknowledge that by participating in any interactive area on this website, you are granting eRentPay the unrestricted right, throughout the world and in perpetuity, to copy, sublicense, adapt, transmit, perform, display or otherwise use, at no cost whatsoever to eRentPay, any and all material or content you post or submit, including, without limitation, all intellectual property rights embodied therein.
3.11 You must not describe or assign keywords to your Third Party Submissions in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and eRentPay may change or remove any description or keyword that it considers inappropriate or unlawful in eRentPay's sole discretion.
4. LIMITS ON THIRD PARTY SUBMISSIONS - DIGITAL MILLENNIUM COPYRIGHT ACT
4.1 You understand that when using the ERENTPAY.COM website, you will be exposed to Third Party Submissions from a variety of sources, and that eRentPay is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Third Party Submissions. You further understand and acknowledge that you may be exposed to Third Party Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against eRentPay with respect thereto, and agree to indemnify and hold eRentPay, its owners, operators, affiliates, and agents, licensors and licensees, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
4.2 eRentPay does not endorse any Third Party Submission or any opinion, recommendation, or advice expressed therein, and eRentPay expressly disclaims any and all liability in connection with Third Party Submissions.
4.3 eRentPay does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and eRentPay will remove all Content and Third Party Submissions if properly notified that such Content or Third Party Submission infringes on another's intellectual property rights. eRentPay reserves the right to remove Content and Third Party Submissions without prior notice.
4.4 If you are a copyright owner or an agent thereof and believe that any Third Party Submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- - A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- - Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- - Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- - Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- - A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- - A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
eRentPay's designated Copyright Agent to receive notifications of claimed infringement is:
Attn: Copyright Agent
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
4.5 Counter-Notice. If you believe that your Third Party Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your Third Party Submission, you may send a counter-notice containing the following information to the Copyright Agent:
- - Your physical or electronic signature;
- - Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- - A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
- - Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Las Vegas, Nevada, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, ERENTPAY.COM may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at ERENTPAY.COM sole discretion.
5. INTELLECTUAL PROPERTY INFORMATION
5.1 With the exception of Third Party Submissions, all content on the ERENTPAY.COM website, including without limitation, the text, software, scripts, tools, graphics, photos, sounds, music, videos, and interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to eRentPay. The Content and Marks are protected to the maximum extent permitted by intellectual property laws and international treaties. Content displayed on or through ERENTPAY.COM is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions.
5.2 Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of eRentPay.
5.3 You further agree not to reproduce, duplicate or copy Content from ERENTPAY.COM without the express written consent of eRentPay, and agree to abide by any and all copyright and other legal notices displayed on ERENTPAY.COM. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in ERENTPAY.COM. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of ERENTPAY.COM.
6. WARRANTY DISCLAIMER
6.1 ERENTPAY.COM, INCLUDING ANY CONTENT, THIRD PARTY SUBMISSIONS, OR ANY SITE-RELATED SERVICE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ERENTPAY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
6.2 ERENTPAY MAKES NO WARRANTY THAT: (I) ERENTPAY.COM WILL MEET YOUR REQUIREMENTS, (II) ERENTPAY.COM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ERENTPAY.COM WILL BE ACCURATE OR RELIABLE, OR (IV) ANY ERRORS IN ERENTPAY.COM WILL BE CORRECTED.
6.3 ERENTPAY IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, OR ANY OTHER THIRD PARTY; AND ERENTPAY WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED HEREIN.
6.4 YOU ACKNOWLEDGE THAT ERENTPAY HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF PRODUCTS ADVERTISED ON ERENTPAY.COM, THE TRUTH OR ACCURACY OF ANY THIRD PARTY SUBMISSIONS.
6.5 ERENTPAY, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO ERENTPAY.COM, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN ERENTPAY.COM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ERENTPAY.COM AND/OR SITE-RELATED SERVICES IS TO STOP USING ERENTPAY.COM AND/OR THOSE SERVICES.
7.1 You agree to defend, indemnify and hold harmless eRentPay, its affiliated companies, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
(a) any Venue transaction in which take part in, including as a landlord or tenatn;
(b) your use of and access to the ERENTPAY.COM website;
(c) your participation in any interactive area of the ERENTPAY.COM website.
(e) your violation of any third party right, including without limitation any copyright, property, or privacy right;
(f) your violation of any law, rule or regulation of the United States, any state, or any other country;
(g) any claim that one of your Third Party Submissions or a Third Party Submission posted using your account caused damage to another third party.
(h) any other party's access and use of ERENTPAY.COM with your account.
9. Governing Law / Disputes
9.1 You agree that the ERENTPAY.COM website shall be deemed solely based in the State of Nevada.
9.2 The ERENTPAY.COM website shall be deemed a passive website that does not give rise to personal jurisdiction over eRentPay, either specific or general, in jurisdictions other than Nevada.
9.4 Disputes. Any dispute, claim or controversy arising out of or relating to the ERENTPAY.COM website, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Las Vegas, Nevada, before one arbitrator. At the option of the first to commence an arbitration, the arbitration shall be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, or by the American Arbitration Association pursuant to its Commercial Arbitration Rules. The arbitrator may not award any consequential, indirect, exemplary, special or incidental damages arising from or relating to your use of the ERENTPAY.COM website (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss). Judgment on the Award may be entered in any court having jurisdiction. You and we will each pay one-half of the costs and expenses of such arbitration, and each of the parties will separately pay their counsel fees and expenses. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
9.5 Class Action Waiver. You agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis. YOU AND eRentPay AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
10. Assignment / Modification