Legal - Terms of Use
1. Agreement Between You and Yourentwesplit.com. Thank you for using our services available at www.yourentwesplit.com (the "Website"). The following terms and conditions (the "Terms of Use") apply to your use of the Website. By using the Website, you explicitly accept these Terms of Use. We strongly recommend that, as you read these Terms of Use, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you. Underlined words and phrases are links to these pages and websites. In some cases, we and a user may enter into a separate written agreement or contract providing other terms and conditions of our agreement and incorporating these Terms of Use by reference. The term "Agreement" shall mean the agreement formed between you and us pursuant to these Terms of Use, the Privacy Policy, the Fees and Credits Policy, the Equal Housing Opportunity Policy, the Advertising Policy, any other terms and conditions posted on this Website, and any other written agreement between you and us, as the same may be modified from time to time, all of which are incorporated herein by reference.
2. Website Information and Remedies. Yourentwesplit.com is a platform owned and operated by MGI Management, LLC. Any advertisements and related services posted on the Website are procured and provided by MGI Management, LLC. In the case of any violation of our Agreement, MGI Management, LLC reserves the right to seek all remedies available by law and in equity for such violations, including termination of your use of this Website. For purposes of our Agreement, the term "Website" may, at our option, include any current or future domestic co-branded websites, affiliated websites, private-label websites, and/or international websites in which Yourentwesplit.com currently participates or may participate in the future with regard to advertising services.
3. Fees and Services. As outlined in our Fees and Credits Policy, prospective and actual renters ("Renters") may search the Website for available rental units ("Properties") at no charge. Likewise, there is no charge to landlords/property managers ("Lessors") to insert their Property advertisements on the Website. Lessors should review our Fees and Credits Policy to see when and under what conditions a charge is imposed. If you are a Lessor, by submitting your Property's information, you consent to the placement of information about the Property on the Website, subject to our Privacy Policy and our Agreement. Click here for more information. YouRentWeSplit.com reserves the right to reject, suspend, and/or terminate, any Property advertisement submitted by Lessor at any time and for any reason, including but not limited to, (a) a determination that the Property advertisement violates this Agreement or any of our policies; and (b) the Lessor's failure to pay amounts owing to YouRentWeSplit.com.
4. Content Requirements. To assure the value of YouRentWeSplit.com services, you agree that all of the information you have provided to YouRentWeSplit.com, whether online or otherwise, is accurate and complete. Lessors shall be responsible for preparing and submitting the Property advertisements, and shall be solely liable for assuring that such advertisements are accurate, and comply with all applicable laws and our Advertising Policy. In addition, Lessors shall not:
o Ask a Renter to wire funds, including by Western Union or MoneyGram; o Require a Renter to pay a nonrefundable lease application fee unless the Lessor has an actual or imminent vacancy. o Advertise on YouRentWeSplit.com any Property for which the lease term will be less than 31 days.
5. Your License to Us. When you give us or otherwise authorize us to use content, you grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyright, publicity and database rights related to the content, in any media known now or in the future, and you represent that you have sufficient rights in the content to make this grant.
6. Our License to You. YouRentWeSplit.com hereby authorizes you to view, copy, download and print the information and data ("Materials") available on this Website, provided that: (1) if you are a Renter, the Materials are used solely for personal, noncommercial purposes and if you are a Lessor, the Materials are used only for the purposes of using the services expressly offered by YouRentWeSplit.com; Without limiting the generality of the foregoing, as a Renter, you are only permitted to use this Website to search for residential rentals, communicate with Lessors, and consider other move-related services; and as a Lessor, you are only permitted to use this Website to advertise your Properties and communicate with Renters; (2) the Materials are not modified, republished, or redistributed; and (3) all copyright, trademark, service mark and other proprietary notices are reproduced as they appear in any such Materials. Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark or copyright of YouRentWeSplit.com.
7. No Unauthorized Duplication. Except as otherwise stated herein, none of the content on the Website may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of YouRentWeSplit.com.
8. Trademarks. The term " YouRentWeSplit.com" and any other trademarks, trade names, logos and service marks displayed on this Website are the property of YouRentWeSplit.com. You are not permitted to copy or otherwise use these Marks without the prior written consent of YouRentWeSplit.com or such other owner.
9. Access and Interference. This Website may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from the Website without the prior expressed written permission of YouRentWeSplit.com and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
10. No Unlawful or Prohibited Use. As a condition of your use of this Website, you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and any related activities, including the Fair Housing Act. In addition, you warrant that you will not use this Website in any way prohibited by these terms, conditions and notices. In addition, you will not: o Use the Website if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Website; o Use the Website to advertise the Property owned by another person unless you are the duly authorized property manager, representative, or agent of the Property owner, and can bind such Property owner, and your representation of such person complies with all applicable laws; o Circumvent or manipulate our fee structure, the billing process, or fees owed to YouRentWeSplit.com; o Distribute or post spam, chain letters, or pyramid schemes; o Distribute viruses or any other technologies that may harm YouRentWeSplit.com or the property of YouRentWeSplit.com users; o Copy, modify, republish or distribute content from the Website or YouRentWeSplit.com’s copyrights and trademarks; o Impersonate another person or otherwise misrepresent your affiliation with another person or entity, conduct fraud, hide or attempt to hide your identity; o Provide inaccurate contact information or other information relative to your move or property; o Harvest or otherwise collect information about users, including email addresses, without their consent; o Offer YouRentWeSplit.com renters concessions less favorable than those offered to non- YouRentWeSplit.com renters; o Transmit to YouRentWeSplit.com or any user any information or materials of any kind which (i) violate, plagiarize or infringe on the intellectual property or contractual rights of any third party; or (ii) are libelous, defamatory, obscene, pornographic, abusive; or (iii) contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
11. Reporting Intellectual Property Infringement. YouRentWeSplit.com respects the intellectual property of others. If you believe that your rights have been infringed by content appearing on our Website, please notify our designated agent. We reserve the right to remove content for any reason.
12. Links to Third-Party Websites. The Website may contain links to websites operated by parties other than YouRentWeSplit.com. Such hyperlinks are provided for reference only. YouRentWeSplit.com does not control such websites and is not responsible for their contents. YouRentWeSplit.com 's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. If you decide to access any of the third party sites linked to this website, you do so entirely at your own risk.
13. General Disclaimer. Although YouRentWeSplit.com has attempted to provide accurate information on the Website, YouRentWeSplit.com assumes no responsibility for the accuracy of the information. All information provided on this Website is provided "as is" with all faults without warranty of any kind, either express or implied. YouRentWeSplit.com hereby disclaims all warranties, express or implied, including, without limitation, those of merchantability, fitness for a particular purpose, title and noninfringement or arising from a course of dealing, usage or trade practice, except to the extent such disclaimers are held to be legally invalid.
14. Limitation on Liability. Neither YouRentWeSplit.com, its parent, affiliates, or subsidiaries, or any of their respective directors, employees, agents, vendors or suppliers will be liable for any direct, indirect, special, punitive, consequential or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use the Website or any YouRentWeSplit.com advertisement, or damages from the use of or reliance on the information present on this Website, even if YouRentWeSplit.com has been advised of the possibility of such damages.
15. Modification of the Website. YouRentWeSplit.com reserves the right in its sole discretion to improve, modify or remove any information or content appearing on the Website. YouRentWeSplit.com may discontinue or revise any or all aspects of the Website in its sole discretion and without prior notice. Without limiting the foregoing, YouRentWeSplit.com reserves the right to change the terms, conditions, and notices under which this Website is offered at any time. Unless otherwise provided in our Agreement, all amended terms automatically take effect upon acceptance for new users, or 30 days after they are posted on the website for all other users. It is your responsibility to check terms and conditions of this Agreement at the time of each use.
16. Privacy. We view the protection of users' privacy as a very important principle and will only use your information as described in the Privacy Policy. We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent, and we use your information only as described in the Privacy Policy. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices.
17. Release. Because YouRentWeSplit.com is an advertising venue, in the event that you have a dispute with one or more users, you release YouRentWeSplit.com, its parent and affiliates (and its respective officers, directors, agents, subsidiaries, joint ventures 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.
Nature of YouRentWeSplit.com’s Services. YouRentWeSplit.com operates a platform for Lessors desiring to advertise residential rental properties with available units, and the advertisements on the Website are based on information provided by the Lessors. Accordingly, YouRentWeSplit.com is not responsible in any way for the content in any such advertisements, nor is YouRentWeSplit.com responsible for any actual lease transaction between a potential Renter and a Lessor. Users should visit our Security Center for renting tips. YouRentWeSplit.com is licensed as a real estate broker in the State of Texas; however, YouRentWeSplit.com does not render legal, brokerage, or other professional advice or services to either its Renter or Lessor customers.
Services Not Provided. Without limiting the generality of the foregoing, you acknowledge and agree as follows:
1. YouRentWeSplit.com does not participate in any actual lease transactions, including, without limitation, negotiations, discussions, or proposals, and you expressly waive any requirement that purports to impose on YouRentWeSplit.com an obligation to perform any services other than those expressly undertaken by YouRentWeSplit.com;
2. While YouRentWeSplit.com has a broker license in Texas, YouRentWeSplit.com does not render legal, brokerage, or other professional advice or services; in the event you desire or need such services, YouRentWeSplit.com strongly advises you to secure the same;
3. YouRentWeSplit.com is not undertaking any, and has no, duties to either Renters or Lessors, including, without limitation, the obligation to inspect rental properties, to verify the veracity of information contained in an advertisement, or to interview or otherwise screen Renters;
4. YouRentWeSplit.com is not responsible for the content of, nor does it endorse, the third-party websites to which you may link using this Website;
5. YouRentWeSplit.com does not guarantee the accuracy of any information available on this Website, and is not responsible for any errors, omissions, or misrepresentations, whether made by Lessors, Renters or otherwise and all information obtained on this Website must be verified independently;
6. YouRentWeSplit.com may make changes to its products and/or services and this Website at any time and without notifying you or receiving your consent; and
7. While YouRentWeSplit.com complies with applicable state and federal laws, including federal civil rights laws, YouRentWeSplit.com cannot guarantee that its users so comply. Accordingly, YouRentWeSplit.com assumes no liability for Renters' and/or Lessors' failures to comply with such laws.
Indemnity. You will indemnify and hold us (and our officers, directors, agents, affiliates, subsidiaries, joint ventures and employees), harmless from any cost, liability, charge, penalties, claim or demand, including reasonable attorneys' fees, court costs, and other costs of collection, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party; or incurred by us as a result of your default under this Agreement.
Default and Remedies. Without limiting any other provision in this Agreement, in the event you default under this Agreement, including without limitation, by failing to pay us the specified advertising fees when due (if you are a Lessor), we will have the right to exercise any or all of the following remedies: (1) we can suspend any or all of your advertisements from the YouRentWeSplit.com Website; (2) we can terminate this Agreement; (3) we can ban your future use of the YouRentWeSplit.com Website; (4) we can impose interest on your past due amounts equal to the lower of 1.5% per month or the highest rate permitted by law; (5) we can impose an administrative service fee equal to five percent (5%) of all amounts past due; (6) we can reserve the right to condition your continued use of the Website on requirements such as a fee increase, submission of a security deposit; and/or fee prepayment; and (7) we can exercise any and all rights and remedies available to us at law and in equity.
Resolution of Disputes. If a dispute arises between you and YouRentWeSplit.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and YouRentWeSplit.com agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by calling 972.951.8451, Monday-Friday, 9 a.m. to 5 p.m. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. o Arbitration Option. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, he/she shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. o Improperly Filed Claims. All Claims you bring against us must be resolved in accordance with this Resolution of Disputes Section. All Claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a Claim contrary to the Resolution of Disputes Section, YouRentWeSplit.com may recover attorneys' fees and costs up to $1,000, provided that YouRentWeSplit.com has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.
Notices. Except as explicitly stated otherwise, legal notices shall be served on YouRentWeSplit.com 's registered agent (in our case) or to the email address you provide to YouRentWeSplit.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, if you are a Lessor, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
General. By using this Website and agreeing to the Terms of Use, you are also agreeing to abide by our Privacy Policy, Fees and Credits Policy, and all other agreements and policies posted on this Website. YouRentWeSplit.com is located at 2222 Medical District Dr, Dallas, TX 75235. In our sole discretion, we may assign the Agreement. Headings are for reference purposes only and do not limit 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. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. YouRentWeSplit.com may rely on your electronic signature to create a binding valid agreement. YouRentWeSplit.com will at no time send facsimiles or emails regarding its products and services, nor call customers regarding YouRentWeSplit.com 's products and services. See Privacy Policy for more information. The following Sections and policies survive any termination of the Agreement: Fees and Services and Fees and Credits Policy (with regard to any fees you owe us), Release, Content License, Limitation on Liability, Indemnity and Resolution of Disputes, Default and Remedies.
1. Agreement Between You and Yourentwesplit.com. Thank you for using our services available at www.yourentwesplit.com (the "Website"). The following terms and conditions (the "Terms of Use") apply to your use of the Website. By using the Website, you explicitly accept these Terms of Use. We strongly recommend that, as you read these Terms of Use, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you. Underlined words and phrases are links to these pages and websites. In some cases, we and a user may enter into a separate written agreement or contract providing other terms and conditions of our agreement and incorporating these Terms of Use by reference. The term "Agreement" shall mean the agreement formed between you and us pursuant to these Terms of Use, the Privacy Policy, the Fees and Credits Policy, the Equal Housing Opportunity Policy, the Advertising Policy, any other terms and conditions posted on this Website, and any other written agreement between you and us, as the same may be modified from time to time, all of which are incorporated herein by reference.
2. Website Information and Remedies. Yourentwesplit.com is a platform owned and operated by MGI Management, LLC. Any advertisements and related services posted on the Website are procured and provided by MGI Management, LLC. In the case of any violation of our Agreement, MGI Management, LLC reserves the right to seek all remedies available by law and in equity for such violations, including termination of your use of this Website. For purposes of our Agreement, the term "Website" may, at our option, include any current or future domestic co-branded websites, affiliated websites, private-label websites, and/or international websites in which Yourentwesplit.com currently participates or may participate in the future with regard to advertising services.
3. Fees and Services. As outlined in our Fees and Credits Policy, prospective and actual renters ("Renters") may search the Website for available rental units ("Properties") at no charge. Likewise, there is no charge to landlords/property managers ("Lessors") to insert their Property advertisements on the Website. Lessors should review our Fees and Credits Policy to see when and under what conditions a charge is imposed. If you are a Lessor, by submitting your Property's information, you consent to the placement of information about the Property on the Website, subject to our Privacy Policy and our Agreement. Click here for more information. YouRentWeSplit.com reserves the right to reject, suspend, and/or terminate, any Property advertisement submitted by Lessor at any time and for any reason, including but not limited to, (a) a determination that the Property advertisement violates this Agreement or any of our policies; and (b) the Lessor's failure to pay amounts owing to YouRentWeSplit.com.
4. Content Requirements. To assure the value of YouRentWeSplit.com services, you agree that all of the information you have provided to YouRentWeSplit.com, whether online or otherwise, is accurate and complete. Lessors shall be responsible for preparing and submitting the Property advertisements, and shall be solely liable for assuring that such advertisements are accurate, and comply with all applicable laws and our Advertising Policy. In addition, Lessors shall not:
o Ask a Renter to wire funds, including by Western Union or MoneyGram; o Require a Renter to pay a nonrefundable lease application fee unless the Lessor has an actual or imminent vacancy. o Advertise on YouRentWeSplit.com any Property for which the lease term will be less than 31 days.
5. Your License to Us. When you give us or otherwise authorize us to use content, you grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyright, publicity and database rights related to the content, in any media known now or in the future, and you represent that you have sufficient rights in the content to make this grant.
6. Our License to You. YouRentWeSplit.com hereby authorizes you to view, copy, download and print the information and data ("Materials") available on this Website, provided that: (1) if you are a Renter, the Materials are used solely for personal, noncommercial purposes and if you are a Lessor, the Materials are used only for the purposes of using the services expressly offered by YouRentWeSplit.com; Without limiting the generality of the foregoing, as a Renter, you are only permitted to use this Website to search for residential rentals, communicate with Lessors, and consider other move-related services; and as a Lessor, you are only permitted to use this Website to advertise your Properties and communicate with Renters; (2) the Materials are not modified, republished, or redistributed; and (3) all copyright, trademark, service mark and other proprietary notices are reproduced as they appear in any such Materials. Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark or copyright of YouRentWeSplit.com.
7. No Unauthorized Duplication. Except as otherwise stated herein, none of the content on the Website may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of YouRentWeSplit.com.
8. Trademarks. The term " YouRentWeSplit.com" and any other trademarks, trade names, logos and service marks displayed on this Website are the property of YouRentWeSplit.com. You are not permitted to copy or otherwise use these Marks without the prior written consent of YouRentWeSplit.com or such other owner.
9. Access and Interference. This Website may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from the Website without the prior expressed written permission of YouRentWeSplit.com and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
10. No Unlawful or Prohibited Use. As a condition of your use of this Website, you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and any related activities, including the Fair Housing Act. In addition, you warrant that you will not use this Website in any way prohibited by these terms, conditions and notices. In addition, you will not: o Use the Website if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Website; o Use the Website to advertise the Property owned by another person unless you are the duly authorized property manager, representative, or agent of the Property owner, and can bind such Property owner, and your representation of such person complies with all applicable laws; o Circumvent or manipulate our fee structure, the billing process, or fees owed to YouRentWeSplit.com; o Distribute or post spam, chain letters, or pyramid schemes; o Distribute viruses or any other technologies that may harm YouRentWeSplit.com or the property of YouRentWeSplit.com users; o Copy, modify, republish or distribute content from the Website or YouRentWeSplit.com’s copyrights and trademarks; o Impersonate another person or otherwise misrepresent your affiliation with another person or entity, conduct fraud, hide or attempt to hide your identity; o Provide inaccurate contact information or other information relative to your move or property; o Harvest or otherwise collect information about users, including email addresses, without their consent; o Offer YouRentWeSplit.com renters concessions less favorable than those offered to non- YouRentWeSplit.com renters; o Transmit to YouRentWeSplit.com or any user any information or materials of any kind which (i) violate, plagiarize or infringe on the intellectual property or contractual rights of any third party; or (ii) are libelous, defamatory, obscene, pornographic, abusive; or (iii) contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
11. Reporting Intellectual Property Infringement. YouRentWeSplit.com respects the intellectual property of others. If you believe that your rights have been infringed by content appearing on our Website, please notify our designated agent. We reserve the right to remove content for any reason.
12. Links to Third-Party Websites. The Website may contain links to websites operated by parties other than YouRentWeSplit.com. Such hyperlinks are provided for reference only. YouRentWeSplit.com does not control such websites and is not responsible for their contents. YouRentWeSplit.com 's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. If you decide to access any of the third party sites linked to this website, you do so entirely at your own risk.
13. General Disclaimer. Although YouRentWeSplit.com has attempted to provide accurate information on the Website, YouRentWeSplit.com assumes no responsibility for the accuracy of the information. All information provided on this Website is provided "as is" with all faults without warranty of any kind, either express or implied. YouRentWeSplit.com hereby disclaims all warranties, express or implied, including, without limitation, those of merchantability, fitness for a particular purpose, title and noninfringement or arising from a course of dealing, usage or trade practice, except to the extent such disclaimers are held to be legally invalid.
14. Limitation on Liability. Neither YouRentWeSplit.com, its parent, affiliates, or subsidiaries, or any of their respective directors, employees, agents, vendors or suppliers will be liable for any direct, indirect, special, punitive, consequential or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use the Website or any YouRentWeSplit.com advertisement, or damages from the use of or reliance on the information present on this Website, even if YouRentWeSplit.com has been advised of the possibility of such damages.
15. Modification of the Website. YouRentWeSplit.com reserves the right in its sole discretion to improve, modify or remove any information or content appearing on the Website. YouRentWeSplit.com may discontinue or revise any or all aspects of the Website in its sole discretion and without prior notice. Without limiting the foregoing, YouRentWeSplit.com reserves the right to change the terms, conditions, and notices under which this Website is offered at any time. Unless otherwise provided in our Agreement, all amended terms automatically take effect upon acceptance for new users, or 30 days after they are posted on the website for all other users. It is your responsibility to check terms and conditions of this Agreement at the time of each use.
16. Privacy. We view the protection of users' privacy as a very important principle and will only use your information as described in the Privacy Policy. We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent, and we use your information only as described in the Privacy Policy. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices.
17. Release. Because YouRentWeSplit.com is an advertising venue, in the event that you have a dispute with one or more users, you release YouRentWeSplit.com, its parent and affiliates (and its respective officers, directors, agents, subsidiaries, joint ventures 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.
Nature of YouRentWeSplit.com’s Services. YouRentWeSplit.com operates a platform for Lessors desiring to advertise residential rental properties with available units, and the advertisements on the Website are based on information provided by the Lessors. Accordingly, YouRentWeSplit.com is not responsible in any way for the content in any such advertisements, nor is YouRentWeSplit.com responsible for any actual lease transaction between a potential Renter and a Lessor. Users should visit our Security Center for renting tips. YouRentWeSplit.com is licensed as a real estate broker in the State of Texas; however, YouRentWeSplit.com does not render legal, brokerage, or other professional advice or services to either its Renter or Lessor customers.
Services Not Provided. Without limiting the generality of the foregoing, you acknowledge and agree as follows:
1. YouRentWeSplit.com does not participate in any actual lease transactions, including, without limitation, negotiations, discussions, or proposals, and you expressly waive any requirement that purports to impose on YouRentWeSplit.com an obligation to perform any services other than those expressly undertaken by YouRentWeSplit.com;
2. While YouRentWeSplit.com has a broker license in Texas, YouRentWeSplit.com does not render legal, brokerage, or other professional advice or services; in the event you desire or need such services, YouRentWeSplit.com strongly advises you to secure the same;
3. YouRentWeSplit.com is not undertaking any, and has no, duties to either Renters or Lessors, including, without limitation, the obligation to inspect rental properties, to verify the veracity of information contained in an advertisement, or to interview or otherwise screen Renters;
4. YouRentWeSplit.com is not responsible for the content of, nor does it endorse, the third-party websites to which you may link using this Website;
5. YouRentWeSplit.com does not guarantee the accuracy of any information available on this Website, and is not responsible for any errors, omissions, or misrepresentations, whether made by Lessors, Renters or otherwise and all information obtained on this Website must be verified independently;
6. YouRentWeSplit.com may make changes to its products and/or services and this Website at any time and without notifying you or receiving your consent; and
7. While YouRentWeSplit.com complies with applicable state and federal laws, including federal civil rights laws, YouRentWeSplit.com cannot guarantee that its users so comply. Accordingly, YouRentWeSplit.com assumes no liability for Renters' and/or Lessors' failures to comply with such laws.
Indemnity. You will indemnify and hold us (and our officers, directors, agents, affiliates, subsidiaries, joint ventures and employees), harmless from any cost, liability, charge, penalties, claim or demand, including reasonable attorneys' fees, court costs, and other costs of collection, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party; or incurred by us as a result of your default under this Agreement.
Default and Remedies. Without limiting any other provision in this Agreement, in the event you default under this Agreement, including without limitation, by failing to pay us the specified advertising fees when due (if you are a Lessor), we will have the right to exercise any or all of the following remedies: (1) we can suspend any or all of your advertisements from the YouRentWeSplit.com Website; (2) we can terminate this Agreement; (3) we can ban your future use of the YouRentWeSplit.com Website; (4) we can impose interest on your past due amounts equal to the lower of 1.5% per month or the highest rate permitted by law; (5) we can impose an administrative service fee equal to five percent (5%) of all amounts past due; (6) we can reserve the right to condition your continued use of the Website on requirements such as a fee increase, submission of a security deposit; and/or fee prepayment; and (7) we can exercise any and all rights and remedies available to us at law and in equity.
Resolution of Disputes. If a dispute arises between you and YouRentWeSplit.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and YouRentWeSplit.com agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by calling 972.951.8451, Monday-Friday, 9 a.m. to 5 p.m. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. o Arbitration Option. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, he/she shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. o Improperly Filed Claims. All Claims you bring against us must be resolved in accordance with this Resolution of Disputes Section. All Claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a Claim contrary to the Resolution of Disputes Section, YouRentWeSplit.com may recover attorneys' fees and costs up to $1,000, provided that YouRentWeSplit.com has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.
Notices. Except as explicitly stated otherwise, legal notices shall be served on YouRentWeSplit.com 's registered agent (in our case) or to the email address you provide to YouRentWeSplit.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, if you are a Lessor, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
General. By using this Website and agreeing to the Terms of Use, you are also agreeing to abide by our Privacy Policy, Fees and Credits Policy, and all other agreements and policies posted on this Website. YouRentWeSplit.com is located at 2222 Medical District Dr, Dallas, TX 75235. In our sole discretion, we may assign the Agreement. Headings are for reference purposes only and do not limit 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. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. YouRentWeSplit.com may rely on your electronic signature to create a binding valid agreement. YouRentWeSplit.com will at no time send facsimiles or emails regarding its products and services, nor call customers regarding YouRentWeSplit.com 's products and services. See Privacy Policy for more information. The following Sections and policies survive any termination of the Agreement: Fees and Services and Fees and Credits Policy (with regard to any fees you owe us), Release, Content License, Limitation on Liability, Indemnity and Resolution of Disputes, Default and Remedies.
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