eRentRoll.com
eRentRoll.com Terms and Conditions
Lawyers are like nuclear weapons. If one person has one, everyone in their path has to build a bomb shelter... and this is our shelter. Please read it carefully and hopefully, grass will grow over it and we will never have to use it.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE ERENTROLL.COM SITE OR SERVICES
This Agreement (the "Agreement") is made between Attron LLC ("Attron"), a Wisconsin Limited Liability Company which operates eRentRoll.com and other related web services, (collectively "eRentRoll") and you the user ("User") of the eRentRoll web site(s), telephone services, and other content provided through a communications medium like the telephone or Internet by eRentRoll (collectively, the "Site") and any eRentRoll goods and/or services (collectively, "Services"). This Agreement sets forth the legal terms and conditions for User's use of Site and for User's purchase and/or use of Services.
User's use of Site and all information, data, text, software, information, images, sounds or other materials (collectively, the "Content") contained therein, or User's use or purchase of any Services confirms User's acceptance of this Agreement and is subject to User's continued compliance with the terms and conditions of this Agreement.
If a User is dissatisfied with the eRentRoll or its Services, User's sole and exclusive remedy is to stop using the Site or Services.
Modifications
eRentRoll reserves the right at any time to change the terms and conditions of this Agreement. Any changes to this Agreement will be effective immediately upon notice, which may be provided to User via e-mail or by modifying this agreement on the Site (hereinafter, "Notice"). User's use of the Site or Services after such Notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with its most current version. User may access the agreement directly by visiting http://eRentRoll.com/terms_of_use.php
The Site or Services, in whole or in part, may be enhanced, modified or discontinued at eRentRoll's sole discretion. Any enhancements, additions or modifications to the Site or Services will be subject to this Agreement.
Maintenance of Equipment
User is solely responsible for maintaining User's computer equipment ("Equipment") required to use Site and Services including taking reasonable measures to prevent computer viruses and other related problems from affecting User's Equipment or Site before User uses Site or Services. eRentRoll has no liability or responsibility for any errors or failures relating to the malfunction or failure of User's hardware or software.
User's Information and Privacy
If a User provides information to eRentRoll or Site, User agrees to provide accurate, current and complete information. User agrees to maintain and update such information as appropriate. If User submits a phone number to eRentRoll for verification or notification, User represents that User is authorized to use the number and User is allowed to initiate calls using the phone number at the time entered. eRentRoll does not routinely review any content of Site or Services created by Users. Users agree to allow eRentRoll to intercept wire communications in order to provide Services and ensure Service quality. Users agree not to use eRentRoll for any purpose which may potentially harm the reputation of eRentRoll in the sole opinion of eRentRoll. eRentRoll uses User provided information pursuant to eRentRoll's Privacy Policy found at http://eRentRoll.com/privacy_policy.php. Any changes to the Privacy Policy will be effective immediately upon change of the policy at the URL above. User's use of the Site or Services after such notice will be deemed acceptance of such changes. User agrees to review the Privacy Policy periodically to ensure User's familiarity with its most current version.
Account Sharing
If a User chooses to provide information to eRentRoll for the purpose of using Services, User will be provided with a login name and password, OpenID credential, or other means of authentication provided by eRentRoll that can be used to access their account with eRentRoll ("Account"). Accounts are provided by eRentRoll for the sole use of a single business or individual. User may not create multiple free accounts with eRentRoll, but may create as many sub-accounts as they like for employees and contractors performing direct work for User through User's main eRentRoll account. Accounts may not be created, sub-divided, re-sold, or shared by a group of individuals or organizations for the purpose of avoiding eRentRoll fees (at the sole determination of eRentRoll.) Authentication information must be safeguarded by User to prevent others from accessing their Account.
Automated Account Access
User may not create an Account or access any Account through an automated means of any kind (including screen scraping and HTML processing software designed to operate without a human interacting with eRentRoll for every display of information from eRentRoll.) without explicit written permission from eRentRoll ("Unauthorized Automated Access"). Unauthorized Automated Access to eRentRoll accounts not directly controlled by User may subject any accessed Account to suspension or termination at eRentRoll's discretion. If you have an application to integrate with eRentRoll, please contact us.
Payments
eRentRoll's paid services operate on a pre-pay system where Users purchase services either monthly or yearly depending on the specific service offered. In the event that payment has not been made to use a monthly-recurring paid service, the monthly service may be canceled and any associated eRentRoll telephone numbers or resources may be allocated to another Account or be unavailable for re-use by any User. eRentRoll may notify Users before the expiration of monthly services, but is not required to do so. Pre-payment amounts are non-refundable and cannot be transferred to other Accounts. Upon Account closure all pre-payment amounts are non-refundable. The prices of Services are subject to change without prior notice to User, but will remain fixed for the period already paid for. All payments will be made to Attron through third-party payment services which are solely responsible for User's financial information. eRentRoll does not directly collect, transmit, or store User's credit card or bank account numbers.
User Conduct
Users are responsible for any and all Content that User provides to eRentRoll or uses in connection with eRentRoll's Site or Services.
User may not use the Site or Services or any information that User obtains from the Site or Services to: a) interfere with any other user's use of the Site or Services; b) conduct any unlawful activity; c) intentionally solicit or harm others; d) misrepresent User's own identity or any affiliation that User may have; e) modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or Services; f) alter or remove any copyright, trademark or other proprietary rights notices; g) "frame", "mirror" or "embed" any part of the Site or Services in another web site or service without eRentRoll's prior written counter-signed authorization; h) use links to Site which imply endorsement of any other web site or service without eRentRoll's prior written counter-signed authorization; i) create a liability or expense for eRentRoll that eRentRoll has not been compensated for in advance through the use of Points; or j) harm eRentRoll's operations or reputation in any way.
Use of Communication Tools Provided by eRentRoll
When using any e-mail address, web form or other method of communication provided to User on or through the Site or Services, User agrees not to transmit or submit: a) any Content that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, harmful, harassing, tortuous, invasive of another's privacy, hateful, or is racially, ethnically or otherwise objectionable, or is subject to an agreement of confidentiality, or infringes upon eRentRoll's or any third party's intellectual property or other rights; b) any trade secret; c) any information that may cause harm eRentRoll's reputation; d) any computer code, files or programs (for example, a computer virus) designed to gain access to information not normally available to User, interrupt Site or Services, remove information, compromise the security of or limit the functionality of any device, Site, or Service, or aid in the transmission of any of the previously listed information.
Sending unsolicited information to any persons, entities, newsgroups, forums, e-mail lists or other groups or lists unless prior authorization has been obtained from the recipient of such information, who explicitly permits sending of information to them, or unless a business or personal relationship has already been established with the recipient and recipient would reasonably invite such information to be sent to them ("Spam") is prohibited and may result in termination of access to User and legal action against User. If User receives Spam via Site or Services User should contact eRentRoll promptly at http://eRentRoll.com/contact_us.php so that eRentRoll may take appropriate action.
The use of false network-level communication headers or falsifying, forging or altering the origin of any communication in connection with Site or Services is prohibited.
eRentRoll's Proprietary Rights
The Site and Services and software used with the Site and Services contain information that is protected by copyrights, trademarks, trade secret laws, service marks, patents and/or other proprietary rights and laws (collectively, "IP Laws"). In addition, the Content contained within the Site or Services or in third-party content contained therein is protected by IP Laws. User agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or Services, in whole or in part, unless authorized by eRentRoll, in writing, to do so; or when User complies with the fair use provisions of IP Laws.
Ownership and Use Restrictions
eRentRoll owns and operates the Site and/or Services in conjunction with others pursuant to contractual arrangements. User may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Site or Services in any way without eRentRoll's prior written counter-signed permission. User may not modify any materials contained within the Site or Services nor use any materials for any other purpose. User acknowledge that User does not acquire any ownership rights in any intellectual property through User's use of the Site or Services.
eRentRoll grants User a limited, non-exclusive, non-transferable, non-assignable license to use the content on the site solely for the purpose of viewing the Site or Services in the course of using the Internet or for the purposes specified in their Account. Subject to the foregoing license, User may not make a temporary or permanent copy of the Site or Services or any Content, on any media or for any purpose other than standard web browser caching without written counter-signed permission from eRentRoll. eRentRoll does not transfer the title to any Content to User. eRentRoll retains all right, title and interest in all Content. User may not sell, resell, decompile, reverse engineer, disassemble or otherwise translate any of the software portions of the site or Services. User may not transfer any portion of the Site or Services to any third party.
eRentRoll, eRentRoll's logo, and the name of the Services marketed, sold or distributed by the eRentRoll, are trademarks and/or service marks of eRentRoll or its affiliates. All other trademarks, service marks, and logos used on the Site or Services are the trademarks, service marks or logos of their respective owners.
Idea Submissions
If User submits any ideas, suggestions or testimonials to eRentRoll, eRentRoll has the right to use User's submission without charge in any manner that eRentRoll deems appropriate, including public posting, display, or performance. User may only post ideas and material to this Site if User has obtained appropriate copyright releases and other permission to post such materials and to permit eRentRoll to use such material without restriction. User agrees not to violate or infringe the rights of third parties, including privacy, publicity and intellectual and proprietary rights, such as copyright, patent, or trademark rights.
Testimonials
The people giving product or business opportunity testimonials on eRentRoll's site or Services reflect the actual experience of each individual and are anecdotal only.
Links
eRentRoll may provide links to third party web sites or resources. eRentRoll's provision of such links is not an endorsement of any information, product or service reached through such link. Since eRentRoll does not have any control over third party web sites or resources, eRentRoll cannot be held responsible or liable for any Content on third party web sites, or for User's reliance on any Content on third-party web sites.
Errors
Although eRentRoll attempts to maintain the integrity of the Site and Services, eRentRoll makes no guarantee as to the accuracy or completeness of the Site or Services. If User believes that User has discovered an error in the Site or Services, please contact eRentRoll's customer service at http://eRentRoll.com/contact_us.php with a description of the error, its URL location and User's contact information. eRentRoll will make reasonable efforts to address User's concerns.
Disclaimer of Warranties and Limitation of Liability
By using the Site or Services, User expressly agrees that:
The Site and Services are provided on an "as is" and "as available" basis. eRentRoll disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
eRentRoll does not make any warranty that (i) the Site or Offerings will meet User's requirements; (ii) the Site or Services will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Site or Services will be accurate or reliable; or (iv) any errors in the Site or Services will be corrected.
User's use of the Site or Services is at User's sole risk. Advice, statements or opinions should not be relied upon when making important personal, medical, legal or financial decisions. User should consult a professional to obtain specific advice appropriate to User's circumstances. User is solely responsible for any damage to User or to any third party caused, directly or indirectly, by any material that User downloads or obtains through the Site or Services. eRentRoll may not be held liable for any damages or harm attributable to viruses or other destructive materials.
eRentRoll make no representations or warranties regarding independent resellers of eRentRoll services, including warranties of merchantability or fitness of purpose. User should not rely on any representations or warranties contained on any independent reseller web sites.
eRentRoll must approve any additional warranties in a written counter-signed legal document.
User agrees not to hold eRentRoll, eRentRoll's officers, directors, employees, agents, designees, representatives, independent distributors, or eRentRoll's suppliers liable for any direct, indirect, incidental, special, consequential or exemplary damages (including, for example, damages for loss of profits, loss of goodwill, and loss of data), even if eRentRoll have been advised or should be reasonably aware that such losses may occur, which result from: a) User's inability to access Services at any time; b) User's participation as a eRentRoll Independent Reseller; c) User's use or inability to use the Site or Services; d) Unauthorized access to or alteration of User's transmissions or data; or e) The acts of any third party related to the Site or Services.
User hereby waives any claims with respect thereto, whether based on contractual, tort or other grounds, even if eRentRoll has been advised of the possibility of such damages. Depending on the applicable jurisdiction, some of the limitations contained in this section may not apply to User.
Indemnification
User agrees to indemnify, defend and hold eRentRoll, eRentRoll's officers, directors, employees, agents, designees, independent distributors and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or in any way related to: a) User's acts or omissions in connection with the Site or Services; b) The acts or omissions of any person in connection with the Site or Services using User's Account; c) User's purchase or use of the Site or Services and the purchase or use of the Site or Services by any person using User's Account; d) Breach of any provision of this Agreement by User; e) Any allegation that materials submitted to eRentRoll, transmitted to eRentRoll or through the Site or Services infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or e) violation of the rights of any party, including without limitation any claims of libel, defamation, violation of rights of publicity, trespass, and infringement of intellectual property or other proprietary rights.
If eRentRoll make a claim for indemnification, User agrees to seek and receive written counter-signed permission from eRentRoll before agreeing to settle any claim or action.
Termination, Modification
At any time and for any reason, eRentRoll may modify the Site or Services, or any part thereof, with or without notice to User. No notice is required to effect any termination right of any party. Any Account which has not used Services that require payments for twelve calendar months or an Account associated with a User who violates the terms of this agreement may be closed without the consent of or notification to the User and any outstanding pre-payment balance shall be forfeit. eRentRoll may remove any Account without a pre-payment balance or any content from the Site or Services at any time at eRentRoll's sole discretion. User shall not hold eRentRoll responsible or liable for any direct, indirect, incidental, special, consequential or exemplary damages due to eRentRoll's modification or discontinuation of the Site or Services or eRentRoll's termination of User's access to the Site or Services.
United States Law and Foreign Use
If User chooses to access the Site or Services from locations outside of the United States, User is responsible for compliance with local laws if, and to the extent that, such local laws are applicable. User is not permitted to use Site or Services outside the United States if such use would subject eRentRoll to additional liability or expense.
Software used on the Site or Services may be subject to U.S. export controls. No such software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any such software, User represents and warrants that User is not located in, under the control of, or a national or resident of any such country or on any such list.
eRentRoll reserves the right, in eRentRoll's sole discretion, to limit the availability of the Site or Services to any person, geographic area or jurisdiction at any time.
Miscellaneous
The laws of the State of Wisconsin apply to this Agreement. Any dispute between User and eRentRoll must be brought before state or federal courts located in Milwaukee County, Wisconsin. Disputes involving more than one individual or entity must be settled by binding arbitration through a mutually acceptable professional arbitration firm. User waives any right to class-action. If a court finds a portion of this Agreement unenforceable, the rest of this Agreement will continue to apply. This is the entire Agreement between User and eRentRoll relating to the Site or Services and this Agreement replaces all prior written or oral agreements that may have existed with eRentRoll which were not counter-signed legal documents. User cannot transfer User's rights or obligations under this Agreement to anyone without eRentRoll's counter-signed written permission. eRentRoll's failure to enforce any provision of this Agreement does not waive eRentRoll's right to enforce the same provision in the future. The headings contained in this Agreement are for informational purposes only, but are not, themselves, enforceable provisions of this Agreement.
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