User Agreement
In order to protect our users, as well as our information and service providers, you are required to comply with all of the rules set forth in this Agreement. By registering as a user or by using this Rental Address site (the "Service"), you hereby agree to be bound by all of the following terms and conditions ("Terms of Service Agreement” or "TOS".)
Termination of Service
You understand and agree that in OSM 's sole discretion, and without prior notice, On-Site Manager, Inc. may terminate your access to this website and the Service and it may also exercise any other available remedy. OSM may also remove any unauthorized User Content if OSM believes that your use of the website, Service and/or any User Content you provided violates or conflicts with the Terms of Service Agreement, violates the rights of OSM, or another User or the law.
Damages & Relief Against User
You agree that monetary damages may not provide an adequate remedy to OSM for violations of these terms and conditions. You therefore consent to injunctive or other equitable relief for such violations. OSM is not required to provide any refund to you if you are terminated as a User because you have violated this Terms of Service Agreement.
Security for Member Account & Password
You will receive a password and Member account designation once you are registered. You are responsible for maintaining the confidentiality of the password and account. You are solely responsible for all activities that occur under your password or account. You agree to immediately notify OSM. of any unauthorized use of your password or account or any other breach of security. You agree to make sure that you exit from your account at the end of each session. OSM cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Proprietary Materials—Restrictions on Use
All materials provided on this website, including but not limited to all text, logos, designs, graphics, images, sounds, information, software, documents, products and services (the "Materials"), and the onsite selection, arrangement and display thereof, are the copyrighted works of OSM and/or its vendors or suppliers. All Materials herein and all OSM software are the property of OSM. The Materials and software are protected by worldwide copyright and other intellectual property laws. Unless provided for in this Terms of Service Agreement, none of the Materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means. This ban includes, but is not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of OSM.
Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the onsite selection and arrangements thereof is ©2006 by On-Site Manager, Inc.,with all rights reserved, or is the property of On-Site Manager, Inc. and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of OSM is strictly prohibited. Members agree that they will not use any automatic device (such as a “spider” or “robot” and/or any other automatic device) or any manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of OSM. Rental Address, Ad-Blast, On-Site Manager, Inc. and On-Site.com are proprietary marks of OSM. OSM’s trademarks may not be used in connection with any product or service that is not provided by OSM, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits OSM. All other trademarks displayed on OSM’s website are the trademarks of their respective owners. Their display does not constitute an endorsement or a recommendation of those Vendors. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with OSM.
Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge and understand that OSM is not responsible for Third-Party Sites and is not responsible for the availability or content of third-party sites. If you have any questions or concerns regarding such links or the content available on such sites, you should contact the site administrator or webmaster for those third-party sites. Your use of those Third-Party Sites is subject to the terms of use and privacy policies of each third-party site. We are not responsible in any way for third-party sites. We encourage all Members to review the privacy policies of third-parties’ sites.
Ban on Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
General Disclaimer
Although OSM has attempted to provide accurate information on the website, OSM assumes no responsibility for the accuracy of the information. You understand and agree that all information provided on this website is provided "as is," with all faults, without warranty of any kind, either express or implied. OSM hereby disclaims all warranties, express or implied, including, and without limitation, those of merchantability, fitness for a particular purpose, title and non-infringement or arising from a course of dealing, and usage or trade practice. This general disclaimer is inapplicable where such a disclaimer has been legally held to be invalid but only to the extent of the specific invalidity.
No Unlawful or Prohibited Use
As a condition of your use of this website, you agree and represent to OSM that you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and any related activities. In addition, you agree and represent that you will not use this website in any way prohibited by these terms, conditions and notices.
Modification of the Website
OSM reserves the right, in its sole discretion, to improve, modify or remove any information or content appearing on the website. Without prior notice, and in its sole discretion, OSM may discontinue or revise any or all aspects of the website.
Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While OSM makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Governing Jurisdiction of the Courts of California
Our website is operated and provided in the State of California. As such, we are subject to the laws of the State California. California law will govern this Terms of Service Agreement, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of California.
Fair Housing Act
As a Member you agree not to post, email, or otherwise make available content that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or that otherwise violates any state or local law prohibiting discrimination on the basis of these or other characteristics.)
Limitation of Liability
OSM shall not be liable for any damages whatsoever, and in particular OSM shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or in any way related to this website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if OSM has been advised of the possibility of such damages.
Possible Exceptions to Limitation of Liability
Because some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, some of the limitations set forth in the previous paragraph may be inapplicable.
Indemnification
You agree to indemnify and hold OSM its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of the Member’s use of the Service, any violation of this Agreement, or infringement by user, or other user of the Service using Member computer, of any intellectual property or any other right of any person or entity.
Conditions of Site Usage
- You warrant that you have the right to use all material submitted to OSM and publication of such material does not violate any law, regulation or ordinance.
- You agree to save, hold harmless and defend OSM of and from any and all claims, causes or demands arising out of the advertising submitted to and published by OSM.
- OSM reserves the right to refuse any and all advertising for any reason.
- OSM reserves the right to collect all monies owed by you. Payment terms are net 30 days from the invoice date. Past due amounts shall bear interest at the rate of 1.5% per month from invoice date.
- While OSM shall use due care and diligence in publishing, OSM sall not be responsible for errors, omissions, misprints or mistakes.
- This agreement shall be governed by the laws of the state of California. Venue for any action arising out of this Agreement shall be Santa Clara county, California; you submit to the jurisdiction of the courts of Santa Clara county, California. The prevailing party in any such action shall be entitled to all costs including attorney's fees.
- This Agreement shall be binding upon successors and assigns if payment is made pursuant hereto or advertising is accepted.
Other Terms
If any provision of this Terms of Service Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Service Agreement and any other Agreements referenced herein may be assigned OSM, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Service Agreement shall apply in addition to, and shall not be superseded by, any other written Agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Service Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
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