Terms and Conditions
ResidencyBureau.com Property Managers' Subscription Services Terms of
Use
Welcome to ResidencyBureau.com Subscription Services for rental property
owners and managers ("Property Managers"). To help you understand some of the
legal language used in this document, keep in mind that "ResidencyBureau.com, "
"we," "us" and "our" all refer to Residency Bureau Inc. The terms "Property Manager", "you" and "your" are used
to refer to the party who is entering into a contract with Residency Bureau Inc. for
the Subscription Services.
1. ACCEPTANCE OF TERMS
Residency Bureau Inc. provides the Subscription Services to you, subject to the
following Terms of Use ("TOU"), which may be updated by us from time to time
without notice to you; provided that, we will not alter Section 7 ("Content
Submitted to ResidencyBureau.com Subscription Services") without prior notice to
and acceptance by you. You can review the most current version of the TOU at any
time at www.ResidencyBureau.com/Terms.html. Please note that other
ResidencyBureau.com services, outside of ResidencyBureau.com Subscription
Services, are governed by a different Terms of Use.
2. DESCRIPTION OF SERVICES
ResidencyBureau.com Subscription Services currently provides rental property
owners with access to a rich collection of online resources and communications
services. Unless explicitly stated otherwise, any new features that augment or
enhance the current Services, including the release of new Services and resources,
shall be subject to the TOU. To use the Services, you must obtain access to the
World Wide Web, either directly or through devices that access Web-based
content, and pay any service fees associated with such access. In addition, you
must provide all equipment necessary to make such connection to the World Wide
Web, including a computer and modem or other access device. Residency Bureau
Inc. is not a party to, or obligated under, any transaction or rental agreement
between you and any renter or prospective renter.
As part of the Services, Residency Bureau Inc. may make available a variety of
content through the Site prepared by itself or third parties. This content is for
informational purposes only and is not intended as tax, legal or investment advice.
3. YOUR OBLIGATIONS
In consideration of your use of the Services, you will: (a) provide true, accurate,
current and complete information about yourself and your business as prompted by
the Services' registration form (such information being the "Registration Data") and
(b) maintain and promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue, inaccurate, not
current or incomplete, or Residency Bureau Inc. has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete, Residency
Bureau Inc. has the right to suspend or terminate your account and refuse any and
all current or future use of the Services (or any portion thereof).
You will pay all subscription, service and usage fees associated with the Services
("Fees") by authorized check, credit card or electronic fund transfer on or before
the due date specified in any invoice we send you. Alternatively, you may
authorize Residency Bureau Inc. to charge your credit card or bank checking
account for the amount of any Fees you owe. We reserve the right to change the
Fees, in our sole discretion, upon notice to you, which notice may be given by
posting any change in Fees in the Pricing Package area of the
ResidencyBureau.com Web site (www.ResidencyBureau.com) (the "Site"). Any
change in Fees shall be effective thirty (30) days after we post the Change in Fees
notice and shall affect Fees that are due in the calendar month that is immediately
subsequent to the end of the thirty-day period. You will also pay all federal, state
and local taxes, if any, levied now or in the future, that are applicable to your use or
receipt of the Services. You will pay all costs (including, but not limited to,
attorneys' fees), if any, we incur in collecting overdue fees from you.
4. RESIDENCY BUREAU INC. INFORMATION DISCLOSURE AND
PRIVACY POLICY
As part of the Services, we will make all of your property listings, showings, Public
Office content and all personally identifiable information related to such
information available to third parties. In addition, we may disclose to third parties
certain aggregate information contained in your Registration Data, your property
listings or Public Office content or related data, provided that, such information
will NOT include personally identifying information, except as specifically
authorized by you or in the good faith belief that such action is reasonably
necessary to comply with the law, legal process, to enforce the TOU, or under any
of the other circumstances set forth in our privacy policy, as may be amended from
time to time. For more information, please see our full privacy policy at
http://www.ResidencyBureau.com/PrivacyPolicy.html.
5. INDEMNITY
You will indemnify, protect, defend and hold Residency Bureau Inc., and its
subsidiaries, affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable attorneys'
fees, made by any use of the Services, your connection to the Services, your
violation of the TOU, or your violation of any rights of another.
6. NO RESALE OF SERVICES
You will not reproduce, duplicate, copy, sell, resell or exploit any portion of the
Services, use of the Services, or access to the Services.
7. GENERAL PRACTICES REGARDING USE AND STORAGE
Residency Bureau Inc. may establish general practices and limits concerning use of
the Services.
8. MODIFICATIONS TO SERVICES
Residency Bureau Inc. reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Services (or any part
thereof) with or without notice. You agree that Residency Bureau Inc. shall not be
liable to you or to any third party for any modification, suspension or
discontinuance of the Services.
9. TERMINATION
You agree that Residency Bureau Inc., in its sole discretion, may terminate your
password, your access to ResidencyBureau.com Subscription Services Site, use of
the Services or use of any other ResidencyBureau.com services for any reason,
including, without limitation, for lack of use or if Residency Bureau Inc. believes
that you have violated or acted inconsistently with the letter or spirit of the TOU.
Residency Bureau Inc. may also in its sole discretion and at any time discontinue
providing the Services, or any part thereof, with or without notice. Any termination
of your access to the Services under any provision of this TOU may be effected
without prior notice, and acknowledge and agree that Residency Bureau Inc. may
immediately deactivate and/or bar any further access to our files or Services.
Further, Residency Bureau Inc. shall not be liable to you or any third-party for any
termination of your access to the Services.
10. RESIDENCY BUREAU INC. PROPRIETARY RIGHTS
The Services and any necessary software used in connection with the Services
("Software") contain proprietary and confidential information that is protected by
applicable intellectual property and other laws. Content contained in information
presented to you through the Services is protected by copyrights, trademarks,
Services marks, patents or other proprietary rights and laws. Except as expressly
authorized by Residency Bureau Inc., you will not modify, rent, lease, loan, sell,
distribute or create derivative works based on the Services or the Software, in
whole or in part.
Residency Bureau Inc. grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy, modify, create
a derivative work of, reverse engineer, reverse assemble or otherwise attempt to
discover any source code, sell, assign, sublicense, grant a security interest in or
otherwise transfer any right in the Software. You agree not to modify the Software
in any manner or form, or to use modified versions of the Software, including
(without limitation) for the purpose of obtaining unauthorized access to the
Services. You agree not to access the Services by any means other than through the
interface that is provided by Residency Bureau Inc. for use in accessing the
Services.
11. DISCLAIMER OF WARRANTIES
(a) Your use of the Services and Content is at your sole risk;
(b) The Services are provided on an "as is" and an "as available" basis;
(c) Residency Bureau Inc. expressly disclaims all warranties of any kind, whether
expressed or implied, including, but not limited to, the implied warranties of
merchantability, fitness for a particular purpose, course of dealing or usage of trade
and non-infringement;
(f) No advice or information, whether oral or written, obtained by you from
Residency Bureau Inc. or through or from the Services shall create any warranty
not expressly stated in the TOU.
To the fullest extent permitted under applicable law, Residency Bureau Inc.
disclaims any and all such warranties.
12. LIMITATION OF LIABILTY
Residency Bureau Inc. shall not be liable for any direct, indirect, incidental,
special, consequential, or exemplary damages, including but not limited to,
damages or loss of profits, goodwill, use, data, or other intangible losses (even if
Residency Bureau Inc. has been advised of the possibility of such damages)
resulting from: (i) the use or the inability to use the Services; (ii) the cost of
procurement of substitute goods and services; (iii) unauthorized access to or
alteration of your transmissions or data; (iv) statements or conduct of any third
party on the Services; or (v) any other matter relating to the Services.
Further, Residency Bureau Inc. shall not be liable for any loss resulting from
failure of electronic or mechanical equipment or communication lines; telephone or
other interconnectivity problems; bugs, errors, configuration problems, or
incompatibility of computer hardware or software; failure or unavailability of
Internet access, problems with Internet service providers with intermediate
computer or communications networks or facilities; problems with data
transmission facilities of your telephone or telephone service; or unauthorized
access, theft, operator errors, severe weather, earthquakes, acts of God, acts of war
or labor disputes. Residency Bureau Inc. is not responsible for any damage to your
computer, software,modem, telephone or other property resulting from your use of
the Services.
You further agree that Residency Bureau Inc. shall not be liable to you or any other
third party for any information submitted to you by a renter or prospective renter or
for the suitability of qualification of any renter or prospective renter. If you elect
the ResidencyBureau.com rental payment service, we will accept rental payments
from renters on your behalf and admit the proceeds (less any applicable fees) to
you. However, Residency Bureau Inc. is not a collection agency and is not
responsible for pursuing renters on your behalf for rental payments or any other
obligation.
13. GENERAL RELEASE
Because Residency Bureau Inc. is not involved in transactions between property
managers and renters or any third parties, if a dispute arises between one or more
Web site or Services users, each of you release Residency Bureau Inc. (and its
agents 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.
14. NOTICE
Notices to you may be made by e-mail or regular mail. ResidencyBureau.com may
also provide notices of changes to the TOU, Services or other matters by displaying
notices or links to notices to you generally on the Site.
15. GENERAL INFORMATION
The TOU constitute the entire agreement between you and Residency Bureau Inc.
and govern your use of the Services, superceding any prior agreements between
you and Residency Bureau Inc.. You also may be subject to additional terms and
conditions that may apply when you use the ResidencyBureau.com, other
ResidencyBureau.com services, third-party content or third-party
software. The TOU and the relationship between you and Residency Bureau Inc.
shall be governed by the laws of the State of California without regard to its
conflict of law provisions. You and Residency Bureau Inc. agree to submit to the
personal and exclusive jurisdiction of the courts located within the county of San
Mateo, California. The failure of Residency Bureau Inc. to exercise or enforce any
right or provision of the TOU shall not constitute a waiver of such right or
provision. If any provision of the TOU is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the provision, and
the other provisions of the TOU remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause of action arising
out of or related to use of the Services or the TOU must be filed within one (1) year
after such claim or cause of action arose or be forever barred. The section titles in
the TOU are for convenience only and have no legal or contractual effect.
(301) 879 6900
© 2000 Residency Bureau. All Rights
Reserved.
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