Welcome to FindRentToOwn.com, the service that allows you to search for Rent to Own, Lease Option, Lease Purchase, Owner Financing and foreclosure properties. The terms you and your shall refer to visitors of FindRentToOwn.com, as well as to Customers where a person has actually paid to use the services herein described. This website ( the Website ) is owned, operated, and maintained by FindRentToOwn (FRTO).
Changes to this Agreement may occur at any time, and become effective when posted. You are therefore advised to refer to this Agreement on a regular basis for any updates.
ALL LEGAL FORMS PROVIDED ARE INTENDED AS GENERAL EXAMPLES. THESE DOCUMENTS ARE NOT INTENDED TO BE LEGALLY SUFFICIENT OR BINDING REGARDLESS OF YOUR STATE OR LOCAL JURISDICTION. YOU SHOULD CONTACT A LAWYER IN THE STATE WHERE ANY PROPERTY IS LOCATED IN ORDER TO HAVE ADEQUATE LEGAL DOCUMENTATION DRAFTED. FRTO IS NOT RESPONSIBLE FOR ANY DAMAGES OR OTHER REMEDIES THAT MAY RESULT FROM USE OF THE FORMS PROVIDED.
(b) Electronic Form. By accessing the Website or becoming a Customer, you hereby consent to being provided with this Agreement in electronic form, unless you specifically request a hard copy thereof after becoming a Customer.
(c) Non-Electronic Copy. Customers may purchase a non-electronic copy of this Agreement from FRTO for $20.00 (twenty dollars) plus shipping/postage. No charge for shipping/postage is applied to requests for PDF electronic transmissions of this Agreement. Please include a copy of your receipt to verify the date of purchase. You may request a non-electronic copy of this Agreement either before or after you electronically sign this Agreement. To receive a non-electronic paper copy of this Agreement, please send an e-mail to info@FindRentToOwn.com or a letter and self-addressed stamped envelope to:
3838 Oak Lawn Ave, Suite 1000
Dallas, TX 75219
(d) Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content. You must also pay any service fees associated with this access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Immediately after using or paying for the service, please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
2. ELIGIBILITY AND REGISTRATION OBLIGATIONS
3. PARTICIPATION, PRICING, & BILLING
After you pay a Processing Fee of $1.95 (one dollar and ninety-five cents), you can use the Service for the initial ten (10) calendar days ("10-Day Trial"). The 10-Day Trial begins on the day you register based on Pacific Standard Time. If you have not cancelled the Service by 5:00 p.m. Pacific Standard Time prior to the tenth day of your trial, your credit/debit card will automatically be billed an additional non-refundable $58.94 (fifty-eight dollars and ninety-four cents) for the first month, and again you will be charged the non-refundable $58.94 on the same date of each month thereafter based on the date of your initial registration (i.e. the first day of the 10-Day Trial). If the charge declines when we bill you for the monthly membership for any reason, we reserve the right to re-attempt the monthly charge at a later date or to attempt a charge for an amount lower than the monthly charge for that month, unless you have cancelled your account. Notwithstanding any lower amount charged for any month, the monthly membership for the following month will continue to be charged at the full amount of your monthly membership. Only one 10-Day Trial period is authorized per person.
4. CANCELLATION & BILLING POLICY
You may request to cancel the Service by contacting HSS at 1-888-262-0830, Monday through Friday from 9:00 AM to 5:00 PM Pacific Standard Time. Please have available your Member ID Code provided upon registration for the Service. Alternatively, you may cancel online by clicking the Resources tab on the Members Only page and then on the Cancel Account Link. If you cancel prior to the expiration of any 10-Day Trial Period as described in Section 3 above, you will not be billed the non-refundable $58.94 fee for the first month. However, the $1.95 Processing Fee will not be refunded. After you incur the first non-refundable $58.94 charge, you may cancel the Service without incurring an additional monthly charge of $58.94 if you cancel your account before the start of your monthly billing date. You hereby agree that your card will be billed for the full period Service fee of $58.94, regardless of whether you cancel in middle of any particular billing period, and that you understand the monthly charge is non-refundable.
5. DELIVERY POLICY
Any general or sample forms shall only be available electronically for download and shall not be available in hard copy.
7. UNAUTHORIZED USE BY VISITORS OR CUSTOMERS
The Website is for the use of Customers and prospective customers only. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or e-mail addresses of visitors by electronic or other means ( scraping ) for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil actions, criminal prosecution, and injunctive remedies. Use of the Website is with the permission of FRTO, which may be revoked at any time, regardless of whether there has been a violation of this Agreement, and as determined in FRTO's sole discretion. Further, as a member of this Website, you agree not to disclose your username and password to others. You also agree not to distribute the information contained on the Website database to any kind of person or organization.
8. PROPRIETARY RIGHTS OF FRTO
(a) Except for the same legal forms made available via the Website and Service, FRTO owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of FRTO, and/or its licensors. Except for that information which is in the public domain or for which you have been given written permission to exploit, you may not copy, modify, create derivative works, publish, perform, transmit, distribute, display, or sell any such proprietary information, in whole or in part.
(b) You acknowledge and agree that the Website and any necessary software used in connection with the Website and/or Service ( Software ) contain proprietary and other confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws. Except as expressly authorized by FRTO or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, Website, and/or Software, either in whole or in part.
(c) FRTO grants you a personal, royalty-free, non-transferable and non-exclusive right and license to use the object code of any applicable Software, if any, on a single computer, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, 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 any operative Software, if any, in any manner or form, and not to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Website and/or Service. Other than by telephone, e-mail, or regular mail sent directly to FRTO, you agree not to access the Service by any means other than through the Website interface that is provided by FRTO for use in accessing the Service.
9. INFORMATION AGGREGATION
FRTO is not responsible for any errors in displayed information or delays in displaying information. All information on the Website is either transmitted to FRTO from other entities or persons or was obtained through publicly available sources. Issues of data accuracy may be brought to the attention of FRTO by contacting the customer service department at 1-888-262-0830, Monday through Friday from 9:00am-5:00pm PST. Such information may be corrected by FRTO and the entity or person that generated the information.
10. CONTENT POSTED ON FRTO
You acknowledge, consent and agree that FRTO may access, preserve and disclose your account information and Content if required to do so by law or with a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process/court order; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property of FRTO, its users and the public. You understand that the technical processing and transmission of Services, orders or visits to the Website, may involve transmissions over various networks and changes in order to conform and adapt to technical requirements of connecting networks or devices. You understand that the Website and software embodied within the Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by FRTO and/or content providers who provide content to the Website. You may not attempt to override or circumvent any of the usage rules embedded into the Website. Any unauthorized use of the Service or publication of its contents, or other distribution or public exhibition of the materials provided on the Website, in whole or in part, is strictly prohibited.
11. THIRD-PARTY CONTENT AND SERVICES
The Site may contain links to websites maintained by third parties ("Third Party Websites"), including Service Providers. Such links to Third Party Websites are provided for Member's convenience and reference only. FRTO does not operate or control, in any respect, any information, content, software, products or services available on such Third Party Websites, and is not responsible for any content on such Third Party Websites, including the website of any Service Provider or any other third party. FRTO's inclusion of links to such Third Party Websites does not imply any endorsement, warranty, guarantee or recommendation of such Third Party Websites, or of the content, products or services, or of the sponsoring organization thereof.
- FRTO is a data aggregator of content supplied by third parties and Members and assumes no obligation to exercise editorial control over the opinions, advice, statements, Services, offers or other content provided by third parties, including Members. Nevertheless, FRTO reserves the right to screen, review, edit or remove any content if it does not comply with laws, rules or regulations, or for any other reason FRTO deems relevant in its sole discretion.
- Property descriptions and other information used in FRTO's research tools for selecting properties and determining pricing on any Professional Service Provider's website or on a website to which you may be linked have not been verified by FRTO or any Professional Service Provider, and such descriptions, data, and information are not intended to be binding on any Professional Service Provider. All prices and terms are subject to change without notice.
- Member acknowledges and agrees that its use of any Service provided to Member by a Service Provider shall be subject to the terms of a separate agreement between the Member and the applicable Service Provider, and that FRTO has no liability to Member in relation to the any Service provided by a Service Provider, or any acts or omissions of any Service Provider.
- For its Services and referrals, FRTO may receive payment from Service Providers. Membership with FRTO and use of the Services and/or the Content constitutes Member's acknowledgment of and agreement to this compensation arrangement.
12. User Submitted Content
- You agree that by posting content on the Site, you are granting FRTO a royalty-free, perpetual, irrevocable and fully sublicensable license to publish, display, and otherwise use this content in any manner on or in connection with the Site or in the course of offering the Services. You understand and agree that any User Content that you post to FRTO may be viewed by the general public.
- You understand that FRTO does not approve or control the User Content posted by others, and instead simply provides a service by allowing users to access information that has been made available by others. As a provider of interactive services, FRTO is not liable for any statements, representations, or User Content provided by its users on the Site or in connection with the Services. FRTO assumes no responsibility for monitoring the Site or the Services for appropriate User Content or conduct and has no obligation to screen, edit, or remove any of the User Content. However, FRTO reserves the right, in its sole discretion and without notice, to monitor, screen, edit, or remove any User Content at any time and for any reason or for no reason. FRTO nonetheless assumes no responsibility for such User Content or for the conduct of the User submitting any such Content.
- You understand that FRTO does not endorse or warrant any particular content or information available via the Site or guarantee the accuracy, integrity or quality of such content or information. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that by using the Service, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will FRTO be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Site or the Service. You use the Site and the Services at your own risk.
13. PROHIBITED ACTIVITIES
FRTO reserves the right to investigate and take appropriate action if a user or Customer has misused the Website or Service, or behaved in a manner that could be regarded as inappropriate or that is unlawful or illegal. The following is a partial list of the types of actions that you may not engage in with respect to the Website or Service:
- You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, data mine , or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- You will not remove any copyright, trademark or other proprietary right notices contained in/on the Website.
- You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site.
- You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Website.
- You will not frame or mirror any part of the Service or the Website, without FRTO's prior written authorization. You also shall not use metatags or code or other devices containing any reference to FRTO or the Service or the site in order to direct any person to any other web site for any purpose.
- You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.
User agrees not to post on the Web site any content that (a) is libelous, defamatory, obscene, pornographic, abusive, harassing, or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, including protections of copyright, trademark, patent, trade secrets or any right of privacy or publicity, or (d) otherwise violates any applicable law. User will not post on this Website any links to any external internet sites that are obscene or pornographic. Any information that you provide to FindRentToOwn.com must be true, complete and accurate, must not represent you as someone else or falsely identify any third party, and must not violate any law, statute, ordinance or regulation.
14. INTERSTATE NATURE OF COMMUNICATIONS ON FRTO'S SERVICE
By purchasing FRTO's Service, you acknowledge that you will be causing communications to be sent through FRTO's computer networks, as well as its Internet Service Providers, portions of which could be located outside of the United States. As a result, FRTO's network architecture and business practices as well as the nature of electronic communications may result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by this Agreement, you acknowledge that use of the Service may result in interstate and/or inter-country data transmissions.
You agree to indemnify and hold FRTO and its successors, assigns, subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, made by any third party due to or arising out of Content you submit, upload, post, transmit or otherwise make available through the Service. You further agree to hold FRTO harmless for any result or consequence of your use of the Service, your connection to the Service, your meetings with persons or entities you meet via the Service, your own violation of the Agreement, or your violation of any rights of another. Regarding third-party claims against FRTO, you agree to indemnify and hold harmless FRTO, at your sole expense, against any claim, action, legal proceeding, damages, liability, settlements, expenses, including attorneys fees, and other costs relating to: (i) breach of any of these terms by any party; (ii) your negligence or misconduct, or (iii) claims that you have infringed the copyright, trademark, trade secret, patent, or other proprietary right of a third party. You shall not be entitled to attorney s fees for any reason whatsoever, including without limitation (i) breach of any of these terms by either party; or (ii) either party s negligence or misconduct and regarding any legal actions, proceedings, claims, or demands between you and FRTO.
16. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (other than printing off individual web pages provided by the Service that have been downloaded from the Website for personal use).
17. MODIFICATIONS TO WEBSITE
FRTO reserves the right at any time to modify the content of the Website or temporarily discontinue the Website (or any part thereof) with or without prior notice. You agree that FRTO shall not be liable to you or to any third party for any modification, suspension or temporary discontinuance of the Website if the Service becomes unavailable.
18. ACCURACY OF INFORMATION
You hereby acknowledge and agree that any information or details regarding the status of any property (i.e. its continued availability), or the proper or accurate contact information for the entities or individuals for such properties may not be current and thus cannot be guaranteed as accurate, since this information is subject to change at any time.
19. LINKS AND THIRD-PARTY AND OTHER PROVIDERS
The Website, FRTO and third parties may provide links to World Wide Web sites, resources or services provided by companies and entities unaffiliated with FRTO. Because FRTO has no control over such sites and resources, individuals, or entities, you acknowledge and agree that FRTO is not responsible for the availability of such external sites or resources, and neither endorses nor is responsible or liable for any Content, advertising, products, services or other materials available on or from such other sites or resources. In particular, FRTO is not responsible for the products and/or services provided by United Financial Services, Inc. They are not an affiliate, subsidiary or partner of FRTO. You further acknowledge and agree that FRTO shall not be responsible or liable, directly or indirectly, for any damage or loss caused in connection with use or reliance on any Content, goods or services provided by any such site, resource, company, or entity.
While FRTO has used its best efforts to prepare accurate information, FRTO makes no representations or warranties with respect to the accuracy or completeness of any Content. We make no guarantee, whether expressed or implied, that you will find a real estate listing that meets your specification. The publisher and author specifically disclaim any implied warranties of merchantability or fitness for a particular purpose. No warranty may hereby be created or extended. The advice and strategies contained herein may not be suitable for all circumstances.
A lawyer should be consulted where appropriate prior to using any document or information available on the Website. FRTO shall not be liable for any loss of profit or any other damages, including but not limited to special, incidental, consequential or other damages resulting from your use of the Website or otherwise. Materials available on the Website are prepared as a sample resource. The information and documents provided are not intended to be, nor should be, considered binding or valid legal or tax documents or advice. You are advised not to take, or to refrain from taking, any action based upon materials or documents contained on the Website.
The number of listings varies with market conditions and the company makes no guarantee about the number of properties listed in any given area. Some geographic areas may have more listings than others and the company does not promise that there are listings in every geographical area.
FRTO, its affiliates, subsidiaries, and agents do not and cannot guarantee the accuracy of any information provided on the Website and do not represent and cannot guarantee that the purchase of a particular property will be free of problems, including, without limitation, legal, structural, environmental or other defects.
The company does not guarantee that all listings have pictures. Pictures will be posted whenever they are available and at the discretion of FRTO.
Customer acknowledges that automated valuation models attempt to estimate the current market value of a piece of residential real property using technology. An estimated value is not an appraisal and neither FRTO nor its suppliers or licensors make any warranties expressed or implied that any estimated property values associated with the service or as contained in any report are complete, guaranteed as accurate, fit for a particular purpose, or merchantable. Any estimated values are delivered "as is," with all faults and defects. Use of estimated property values is done so that the sole risk and responsibility of Customer or the ultimate end user of such values. In no event shall FRTO or its suppliers or licensors be liable for use or misuse of estimated values, any use or misuse in violation of any law, regulation, or industry standard, the inability or failure of a person or entity to conduct business, or for any indirect, special or consequential damages related to use or misuse of an estimated value regardless of the circumstances. Any use of the service and underlying real property information by Customer shall be at his or her own risk, and Customer hereby indemnifies FRTO and its suppliers or licensors with respect thereto. In no event shall FRTO and its suppliers or licensors be responsible for any errors, omissions, miscalculations, or misrepresentations of value.
Neither FRTO nor FindRentToOwn.com is acting in any capacity that requires it to hold a real estate broker's license or attorney's license
. If you are a recognized as a separate legal entity in your state, do not use Service or download the forms provided. This site is intended only for individual home seekers. If you intend to download any sample form(s) for general reference for anyone other than yourself, do not use the Service or download these sample forms. FRTO does not make loans or offer mortgages through this Website or otherwise, nor does it counsel others on these matters.
In no event will FRTO be liable to any party for any direct, indirect, special, punitive or consequential damages arising in any way out of the availability, uses or reliance on any information contained on or related to the Website, application(s), informational software, or any other relevant supplied material. Nor shall FRTO be liable for any actions, representations, recommendations, pre-qualifications, approvals, judgments, interest rate locks, commitments, errors, or omissions, made by any third party.
Any opinions, advice, blogs, statements, offers, or other information or content made available through the Website by FRTO, whether or not authorized by FRTO, should not be relied upon as the final determination of your particular issue. You should therefore seek the advice of a knowledgeable attorney licensed in your particular jurisdiction and/or an accounting professional. Under no circumstances will FRTO or its subsidiaries, affiliates, successors, or assigns be responsible for any loss or damage resulting from your reliance on opinions, advice, blogs, statements, offers, or other information or content made available through the Website.
21. DISCLAIMERS OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE WEBSITE AND THE SERVICE ARE AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. FRTO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, SUCCESSORS, AND ASSIGNS EXPRESSLY DISCLAIM 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.
(b) FRTO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, SUCCESSORS, AND ASSIGNS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;
(iv) THE QUALITY OF ANY SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FRTO VIA FINDRENTTOOWN.COM OR OTHERWISE SHALL CREATE ANY WARRANTY OR GUARANTEE.
(e) A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING A WEBSITE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
22. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FRTO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF HOUSING/SHELTER, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FRTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE SERVICE OR WEBSITE;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR
- OTHER MATTER RELATING TO THE WEBSITE
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FRTO'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER TO FRTO FOR THE SERVICE.
23. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
FRTO may provide you with notices, including those regarding changes to this Agreement, by email, regular mail to the last address provided to us, or via changes or postings on the Website.
25. CUSTOMER SERVICE
FRTO provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise exhibit inappropriate behavior. If FRTO feels that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to institute or take any and all legal actions against you.
26. TRADEMARK INFORMATION
FRTO's trademarks and service marks and any other intellectual property, logos and Service, trade names and service names are the Intellectual Property of FRTO. Unless you have FRTO's prior written permission, you may not display or use these FRTO marks in any form whatsoever.
27. COPYRIGHT/IP POLICY
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Website;
(d) your address, telephone number, and email address;
(e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owners behalf.
FRTO's Copyright Agent for notice of claims of copyright infringement can be reached as follows:
28. U.S. EXPORT CONTROLS
Services on the Website are subject to United States export controls. No Service may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Departments list of Specially Designated Nationals or the U.S. Commerce Departments Table of Deny Orders; or (iii) to anyone listed on any relevant list, if any, maintained by the Department of Homeland Security. By downloading or using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
29. NO THIRD PARTY BENEFICIARIES, PARTNERSHIP, OR AGENCY
You agree that, except as otherwise expressly provided in this Agreement, there are no third party beneficiaries intended by this Agreement. You further acknowledge and agree that no joint venture, partnership, employment or agency relationship exists or is created between you and FRTO, or between FRTO and any third-party mentioned herein (including any third party mentioned or linked to on the Website) including but not limited to United Financial Services, Inc.
(b) Choice of Law and Forum. If there is any dispute arising out of the Website and/or the Service, you expressly agree that any such dispute shall be governed by the laws of the State of California, without regard to conflict of laws provisions. You further expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California, County of Los Angeles, for the resolution of any such dispute.
(c) Waiver and Severability of Terms. The failure of FRTO to exercise or enforce any right or provision of this Agreement shall not constitute a waiver, ongoing or otherwise, of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties (and the court) shall endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
(d) Statute of Limitations. 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 Service or this Agreement must be filed within six (6) months after such claim or cause of action arose or such claim will be forever barred.
(e) Arbitration of Disputes. Any and all disputes, controversies or claims arising out of or relating to this agreement, or concerning the respective rights or obligations hereunder of the parties hereto may be settled and determined by arbitration before the Commercial Panel of the American Arbitration Association in accordance with its Commercial Arbitration rules. However, you and FRTO must agree to this in writing. Any arbitration shall occur in Los Angeles, California. The arbitrator shall have the power to award specific performance, injunctive relief, reasonable attorney s fees, costs, and expenses. The arbitrator shall also have the power to enforce the procedural rules of the Discovery Act contained in the California Code of Civil Procedure, which shall apply to any arbitration procedure. The arbitration shall be final and binding upon the parties, and judgment thereon may be entered by any competent court having jurisdiction.
(f) Headings. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
31. PARTICIPATION IN THE PROMOTIONS OF ADVERTISERS
Your correspondence with or participation in the promotions of advertisers found on this website or linking to this website, including the delivery of and payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. You agree not to hold FindRentToOwn.com or its officers, related entities, successors and assigns liable for any injury, loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on this website or linking to this website.
Please report any violations of the Agreement to FRTO at firstname.lastname@example.org