1. Agreement. This agreement governs your use of the PropCity.com web site (the "Site"). Additional terms and conditions that apply to specific areas of the Site may also be posted in such areas and, together with this agreement, govern your use of those areas. This agreement, together with any such additional terms and conditions, shall be referred to as the "Agreement." By using the Site, you agree to comply with and be bound by this Agreement.
2. Acceptance of Agreement. PropCity.com reserves the right, in its sole discretion, to change or modify all or part of this Agreement at any time, effective immediately upon notice published on the Site. Your continued use of the Site constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by PropCity.com as permitted above. You should cease using the Site immediately if at any time the terms and conditions of this Agreement become unacceptable to you.
3. Eligibility. Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors (under age 18). By completing the registration process, the user verifies that he or she is at least 18 years of age. Further, our services are not available to temporarily or indefinitely suspended PropCity.com members.
4. Copyright. The content, organization, graphics, design compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
5. Trademarks. PropCity, the PropCity.com logo, and/or other PropCity.com marks or logos referenced herein are either trademarks/service marks or registered trademarks/service marks of PropCity.com Inc. Other product and company names mentioned herein may be trademarks or service marks of their respective owners.
6. Rules of Use. Your rental postings, rental requests, and related text, graphics, pictures, web site links and other material (collectively "Content") placed on the Site: (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the rental of counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs, partners, rental suppliers or renters.
7. Venue Site Only. The Site acts as the venue for rental suppliers to list items they offer for rent and
for renters to rent said items. We are not involved in the actual transaction between rental suppliers and renters in any way.. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of renters to rent items or the ability of rental suppliers to rent items. We cannot ensure that a renter or rental supplier will actually complete a transaction.
8. Third Party Content. We do not control the Content provided by PropCity.com users that is made available through our Site. You may find other user's Content to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site.
9. Reviewing Posted Content. PropCity.com does not review Content posted by users on the Site and is not responsible for such Content. PropCity.com, however, reserves the right to delete, remove, modify or edit any Content it determines, in its sole discretion, to violate the terms of this Agreement. You remain solely responsible for all Content you post on the Site.
10. Fraud. Without limiting any other remedies, PropCity.com may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with the Site.
11. Release. Because we may not be involved in the actual rental transaction between rental suppliers and renters beyond possibly completing a credit card transaction or an authorization for a damage deposit, in the event that you have a dispute with one or more users, you release PropCity.com (and our officers, directors, agents, subsidiaries 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. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
12. Indemnity. You agree to indemnify, defend and hold harmless PropCity.com and its affiliates, and their officers, directors, owners, and agents (collectively "PropCity.com Parties") from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by the PropCity.com Parties in connection with any use or alleged use of the Site. PropCity.com reserves the right to assume, at its own expense, exclusive control over the defense and/or settlement of any matter subject to indemnification by you, and in such a case, you agree to cooperate with PropCity.com in defending and/or settling the claim.
13. Breach. Without limiting other remedies, PropCity.com may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your account and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users and/or PropCity.com.
14. Legal Compliance. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site.
15. Termination of Right to Use. PropCity.com reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Site at any time for any reason without prior notice or liability. PropCity.com may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content, without prior notice or liability.
16. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PROPCITY.COM 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 AND NON-INFRINGEMENT.
b. PROPCITY.COM MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE INFORMATION ON THE SITE WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
c. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PROPCITY.COM OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
17. Limitations Permitted Under State Law. SOME STATES DO NOT ALLOW EXCLUSION OR IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES,
PROPCITY.COMS' LIABILITY, AND THAT OF ANY THIRD PARTY CONTENT PROVIDERS, SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
18. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
19. Links to Other Web Sites. The Site may contain links to other Web sites. We are not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by PropCity.com. Inclusion of any linked Web site on the PropCity.com Site does not imply approval or endorsement of the linked Web site by PropCity.com. PropCity.com also makes no representations about the personal identification information or other data collection policies or practices of any linked Web sites. If you decide to leave the PropCity.com Site and access these third-party sites, you do so at your own risk.
21. No Agency. You and PropCity.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
22. Access to the Services. You will be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Site, including, without limitation, modems, hardware, software, and long distance or local telephone service. All charges associated with connecting to the Site shall be paid by you.
23. Security. You will be responsible for maintaining the security of your account, files, and password and for all uses of your account, with or without your knowledge or consent. PropCity.com shall not be liable for any loss that you might suffer from any unauthorized use of your account. You will remain liable for any unauthorized use of your account until you notify PropCity.com.
24. Fees and Payment. You are responsible for all third party charges resulting from use of the services. You also agree to pay PropCity.com any listing and transaction fees, as applicable. PropCity.com reserves the right to increase fees, or to institute new fees, at any time upon thirty (30) days prior notice posted on the Site. PropCity.com may reduce these fees at any time without notice to you. If PropCity.com does not receive the full amount of your account balance within thirty (30) days of the billing date, the lesser of 1.5% per month or the highest percentage allowed by law, of the outstanding balance will be added to your bill as a late charge each month and shall be due and payable. You shall also be liable for all attorney and collection fees arising from PropCity.com efforts to collect any unpaid balance of your account(s).
25. Miscellaneous. This Agreement shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.