LAST UPDATED: January 22, 2016
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
For the purposes of these Terms, the word "you" means the individual accessing the Site, and, if applicable, includes any other legal entity on behalf of which an individual is accessing the Site. As an individual, you agree not to access the Site on behalf of any other legal entity unless you have the authority to bind that legal entity to these Terms.
For example, an individual who works for a property manager must not access or use the Site on behalf of the property management business for whom he or she works or any property owner unless he or she has the authority to bind both the property management business and the property owner to these Terms.
2. Acceptance of Terms
You represent and warrant to Rentyology that you are over 18 years of age and you have the capacity to enter into a legal agreement in the province, state, territory or country from which you are accessing the Site. If you do not have the capacity to enter into a legal agreement in the jurisdiction from which you are accessing the Site, do not use the Site unless your parent or guardian enters into the Terms on your behalf and consents to your use of the Site.
By using the Site you agree, without qualification, to comply with the Terms. If you do not agree, without qualification, to comply with the Terms, stop using the Site.
Rentyology suggests that you print or save a local copy of these Terms Use for your future reference.
Please note, participating in certain activities available through the Site or accessing certain features of the Site may require you to register with the Site, confirm your agreement with these Terms and, possibly, agree to further terms and conditions.
3. Registering with the Site
When you register, you must ensure that the data that you provide to Rentyology (the such as first name, last name and email address are correct and complete. You may not use an alias or a false or an inactive email address, and you must maintain and promptly update such information to keep it accurate and complete.
When you register with the Site, you will be asked to suggest: (i) one or more usernames; and (ii) one or more passwords. Please note that: (i) your suggested usernames and passwords may not be available or acceptable to Rentyology; and (ii) Rentyology may, at any time, change any username or password assigned to you. If Rentyology does so, Rentyology will send a notice of the change to the email address that Rentyology has on record for you.
If you are given a username and a password for the Site, you will take all necessary steps to ensure that no one other than you uses that username or password and that that password is kept confidential. This is IMPORTANT because you are responsible for all activities conducted under that username or password.
If you have any reason to believe that any password assigned to you has become known to or been used by any other person, inform Rentyology of the problem immediately.
Please note that from time to time, Rentyology may deactivate usernames and passwords that have not been used in more than 48 consecutive months. If Rentyology does so, Rentyology will send a notice of the deletion to the email address that Rentyology has on record for you.
Please note that Rentyology controls the Site from within Canada. The Site is hosted in Canada, but payment processing for the Site is provided by PayPal. PayPal is based in the United States.
You consent to Rentyology's use of any contact information that Rentyology has on file for you to communicate with you regarding or relating to your use of the Site.
Although Rentyology has enacted certain safeguards to protect personal information being transmitted to or from the Site in connection with Site use, Rentyology does not guarantee the security of any such information transmitted to or from the Site. Before using or relying on any means of transmitting any materials including but not limited to personal information to Rentyology, you should take reasonable steps to verify that the manner of transmission provides an adequate degree of protection: you are using it at your own risk.
5. Use of this Site
While Rentyology tries to ensure that the Sites are available 24 hours a day, Rentyology shall not be liable if for any reason any Site is unavailable at any time or for any period.
Subject to the Terms, this Site may be used by registered users who are property owners or property managers (each a "Landlord") to list residential properties that they have for rent or will be available for rent within the next four months. Each such a post is a "Listing".
If you are a Landlord, you may use the Site to: (i) post Listings that advertise residential properties that you have for rent or will be available for rent within the next four months; and (ii) receive inquiries from potential renters. You may not use the Site for any other commercial purpose.
If you are not a Landlord, you may use the Site only for your own personal, non-commercial use. If you are a registered user who is not a Landlord, you may use the Site to: (i) create a r�sum� setting out information about yourself that would be of interest to a Landlord when considering whether or not to rent to you (a "Rental R�sum�"); (ii) when interested in learning more about a Listing, contact the applicable Landlord; and (iii) if you choose to do so, forward a copy of your Rental R�sum� to the Landlord of that residential property.
Please note that from time to time, Rentyology may delete Rental R�sum�s that have not been accessed or updated in more than 48 consecutive months.
When you create a Listing or a Rental R�sum�, you must ensure that the data that you provide to Rentyology are correct and complete, and you must maintain and promptly update such information to keep it accurate and complete.
You will not: (i) access the Site through any automated means (for example, bots or web crawlers); (ii) access any portion of the Site using an interface other than the one forming part of the Site; or (iii) collect or store personally identifying information about other users of the Site except: (i) to respond to an inquiry regarding a rental property listed on the Site; or (ii) if you are a potential tenant, to contact a landlord regarding the possible rental of a property listed on the Site.
You will not: (i) seek to gain access to any portions of the Site you are not authorized by Rentyology to access; (ii) use the Site to impersonate or falsely state or otherwise misrepresent your affiliation with any person or entity; (iii) use the Site to either directly or indirectly interfere with, disrupt or damage the Site, the server(s) on which it hosted, the networks connected to them or any other user's access to the Site; or (iv) adapt, translate, modify, decompile, disassemble, or reverse engineer any aspect of: (i) the Site; or (ii) any software or technology used in connection with the Site.
6. Rentology Content and User-Generated Content
The contents of the Site, including any and all information, content, links, reports, data, databases, tools, e-mail, code, photographs, pictures, video, postings, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos, trade names, or other materials contained on or in the Site is the "Content". The Content includes materials contributed to the Site by or on behalf of Rentyology (the "Rentyology Content") and materials contributed to the Site by users of the Site ("User-generated Content").
You represent and warrant to and covenant with Rentyology that: (i) you either created all of your User-generated Content or you have obtained from the others who contributed to your User-generated Content all necessary rights and authority to grant the licenses set in this section 9; and (ii) the User-generated Content that you contribute to the Site will not infringe any proprietary right of any third party.
You also represent and warrant to Rentyology that any "moral rights" in any User-generated Content that you contribute to the Site have been waived and that Rentyology, and its successor and assigns may rely on those waivers.
You retain all rights in and to the User-generated Content that you contribute to the Site (for example, any Rental R�sum� or Listing that you post) that you do not expressly grant to Rentyology or another user.
You grant Rentyology the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your User-generated Content (in whole or part) and to incorporate it in other works (in each case irrespective of the form, media, or technology used) for the purpose of allowing Rentyology to administer, operate, display, distribute and promote the Site including but not limited to allowing other sites to link to the Content on the Site.
You should maintain a back-up copy of any User-generated Content that you contribute to the Site. Rentyology will not provide a copy of your User-generated Content to you. Rentyology is not responsible for User-generated Content that is lost or destroyed for any reason.
Further, Rentyology reserves the right, in its sole discretion, to reject, refuse to post, remove or block access to any User-generated Content that is available via or on the Site at any time, without notice and without liability.
Rentyology reserves the right, in its sole discretion, to set limits on the amount of User-generated Content that you may contribute (for example, Rentyology may restrict the file size of any image posted or the number of words used in a Listing).
7. Content Standards
"Rentyology" is a trademark of Rentyology. All other marks that appear throughout the Site belong to Rentyology or the respective owners of such marks, and are protected by Canadian and international trade-mark and other laws. Any use of any of the marks appearing throughout the Site without the express written consent of Rentyology or the owner of the mark, as appropriate, is strictly prohibited.
You agree that you will not post or upload to the Site or otherwise make accessible or transmit on or via the Site any User-generated Content or links to content that:
- (i) is illegal, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of privacy or publicity rights, promotes the hatred or victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of race, ethnicity, gender, religion, sexual orientation, age or disability;
- (i) solicits from other users any passwords or personal information for unlawful purposes or commercial purposes not contemplated by the Site;
- (i) contains software viruses or any other computer code, files or programs designed to or which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity;
- (i) promotes illegal activity including without limitation the provision of instructions for any illegal activity;
- (i) you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under a nondisclosure agreement); or
- (i) infringes or contributes to the infringement of any intellectual property, industrial or other proprietary rights, protected or protectable, under the laws of Canada, any foreign country, or any political subdivision of any country, including, without limitation, all copyrights, moral rights (including rights of attribution and rights of integrity), trade-marks, service marks, trade names, logos, brand names and other identifiers, trade secrets of any party.
When you make User-generated Content to the Site or send any content to Rentyology or another user of the Site, you will not forge headers or otherwise manipulate other identifiers in order to create the impression that another person posted or sent the materials.
8. Using Content
Rentyology will use reasonable efforts to verify the accuracy of any Rentyology Content before it is posted, but Rentyology does not guarantee the accuracy, or quality of the Rentyology Content that Rentyology posts to the Site, and Rentyology assumes no obligation to update the Rentyology Content.
Rentyology does not verify the accuracy, integrity or quality of the User-generated Content (including but not limited property listings and resumes) posted to the Site.
Before using or relying on any Content, you should take reasonable steps to verify its accuracy, completeness or usefulness: YOU ARE USING IT AT YOUR OWN RISK.
You agree not to link to any page forming part of the Site other than the home page or the log-in page without Rentyology's prior written approval.
You agree not to use any crawler, spider, bot or other program to extract (in whole or in part) any Content accessible on or via the Site.
You may not be able to access all of the Content forming part of the Site. Some Content is made available to registered users only. As well, when a user posts Content to the Site, he or she may further restrict who may view that Content.
As a potential tenant and provided that any marks, logos or other legends that appear on the screens are not removed from the printed copies of the screens, you may make and retain a single electronic copy of the Content or any portion thereof and a single printed copy of individual screens appearing as part of the Site for your personal, non-commercial use or to maintain a record of your use of the Site. You may not make or retain any other copies of the Content or use the Content for any other purpose. You may not modify, publish, display, transmit, adapt or in any way exploit any item of Content, without the express prior permission of the Rentyology and, if the item of Content was not posted to the Site by Rentyology, the contributor of that item. Otherwise, all rights in and to any item of Content are reserved by the contributor of that item.
As a Landlord and provided that any marks, logos or other legends that appear on the screens are not removed from the printed copies of the screens, you may make and retain a single electronic copy and a reasonable number of printed copies of the Rentyology Content or any portion thereof and to support your use of the site to advertise residential properties that you have for rent. You may not make or retain any other copies of the Content or use the Content for any other purpose. You may not modify, publish, display, transmit, adapt or in any way exploit any item of Content, without the express prior permission of the Rentyology and, if the item of Content was not posted to the Site by Rentyology, the contributor of that item. Otherwise, all rights in and to any item of Content are reserved by the contributor of that item.
9. Screening & Monitoring
Rentyology may but is not obliged to review any Content. Even if Rentyology did so, the review may not be to your satisfaction. You acknowledge this and the consequence that follows from it: Content accessible on or via the Site may include materials that are offensive or otherwise objectionable to you.
10. Disclaimer Regarding Third Party Content and Linked Sites
On the Site, you may find links to resources not forming part of the Site. You acknowledge that Rentyology has no control over those resources, and you agree that Rentyology is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be arising from or relating to any use of or reliance on any such resource.
Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties accessible on or via the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. You agree that Rentyology will not be responsible or liable for any 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 the Site.
By submitting or sending feedback, suggestions for how to improve the Site or any other materials to Rentyology (excluding personal information), you grant Rentyology a royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such materials (in whole or part) and to incorporate it in other works in each case irrespective of the form, media, or technology used. You also warrant that any "moral rights" in the materials have been waived and that Rentyology, its successor and assigns may rely on those waivers.
There is no charge to register as a potential renter.
There is no charge to register as a Landlord, but Rentyology does charge for Listings. The charges that apply to Listings are set out on the Site (�) (the "Fees"), and the Fees may be changed by Rentyology from time to time. When changes are made to the Fees, they will apply on a going forward basis. Rentyology will post the new Fees on the Site together with the date on which the new Fees become effective. A notice of the change will be posted on both the home page and the log-in page for the Site for at least four weeks before the new Fees coming into effect.
You will pay any present or future sales, goods and services, excise, value-added, or other similar taxes including any related interest or penalties (imposed at any time by any governmental authority) arising from or related to any services for which Fees are charged other than taxes based on Rentyology's net income.
Rentyology accepts payment by Paypal. No other methods are currently accepted.
If you have not paid for a Listing in advance as part of monthly or annual plan, you will be required to pay for the Listing when it is created. If you have opted to purchase a monthly plan to pay for Listings, you will be required to pay for each month on the first day of the month. Similarly, if you purchase an annual plan, you will be required to pay for each year on its first day.
When Rentyology is entitled in accordance with these Terms to any Fees or applicable taxes, such amounts will be automatically charged to the PayPal account that Rentyology has on file for you and you authorize Rentyology to do this. Rentyology will send an invoice for these amounts to the email address that it has on file for you before doing so.
Please note that should any amount that you pay by Paypal be charged back to Rentyology: (i) you will incur an additional Fee of $40.00; (ii) Rentyology may restrict access to or delete the affected Listings; and (iii) the overdue payment shall bear interest at the rate of one percent (1%) per month (an effective annual rate of 12.68%) or the maximum rate permitted by law, whichever is less. Further, Rentyology shall be entitled to recover its collection costs, including legal fees and expenses.
THE SITE INCLUDING ANY CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE PRECEDING SENTENCE, RENTYOLOGY SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS WITH RESPECT TO THE SITE, GENERAL CONTENT OR OTHERWISE ARISING FROM THE TERMS INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS OR USEFULNESS; AND (ii) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Without limiting the preceding paragraph, Rentyology does not warrant that the Site or any Content: (i) will be available at all times; (ii) will operate without errors; (iii) will be accessible regardless of the hardware or software that you wish to employ to access it; (iv) is absolutely secure, notwithstanding Rentyology' use of commercially reasonable efforts to secure it; or (v) is free from viruses or other harmful code, notwithstanding Rentyology' use of commercially reasonable efforts to identify and eliminate such code.
All exclusions of responsibility or liability set out in this agreement are made to the fullest extent permitted by law. Some jurisdictions do not allow the exclusion of certain implied warranties or limitations on how long an implied warranty may last. If any jurisdiction having applicability to the Terms does not permit any such exclusion or limitation, Rentyology' total liability to you in connection with any breach of such a warranty will be subject to section 14.
14. Limitation of Liability
IN NO EVENT WILL RENTYOLOGY, ITS REPRESENTATIVES OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING FROM OR RELATING TO THE SITE, ANY CONTENT OR THE TERMS, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUES, LOSS OF PROFITS, LOSS OF OPPORTUNITY, BUSINESS INTERRUPTION OR LOSS DATA, EVEN IF RENTYOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BY YOU OR ANY OTHER PERSON.
IN NO EVENT WILL RENTYOLOGY OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY PERSON WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY THIRD PARTY SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE. FURTHERMORE, RENTYOLOGY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE SITE OR ANY SPONSOR OR ADVERTISER OF THE SITE.
WITHOUT LIMITING SECTIONS THE PRECEDING TWO PARAGRAPHS, THE LIMIT ON THE TOTAL CUMULATIVE LIABILITY OF RENTYOLOGY (INCLUDING ITS SUPPLIERS) TO YOU OR ANY PERSON, FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SITE, ANY CONTENT OR THE TERMS, WILL NOT EXCEED $50.00.
The limitations set out in the preceding three paragraphs will apply regardless of the causes or circumstances giving rise to the claim, even if such claim is based on breach of contract, negligence or other tort, and will survive a fundamental breach or failure of essential purpose of any limited remedy or the Terms.
Some jurisdictions do not allow the exclusion of incidental, special or consequential damages. If any jurisdiction having applicability to the Terms does not permit any such exclusion or limitation, Rentyology' total liability to you in connection with any incidental, special or consequential damages will be limited by the third paragraph of this section.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising from or relating to the Site, any General Content or the Terms must be filed within one year after such claim or cause of action arises or be permanently barred.
You agree to indemnify Rentyology (its representatives and suppliers) and hold them harmless from any and all claims and expenses, including attorney's fees, arising from or relating to: (i) your use or misuse of the Site or any Content; (ii) from any person's use of any username or password you maintain in relation to the Site, regardless of whether such use is authorized by you; and (iii) any breach by you of any law or regulation or any rights of any third party.
16. Intellectual Property Infringement
It is the policy of Rentyology to investigate and respond to claims of intellectual property infringement.
Notices of claimed infringement should be sent to Rentyology' Compliance Officer at the following email address: Info@Rentology.com.
Please put "Notice of Infringement" in the subject line of all such notifications and include in each such notice: (i) a reasonably detailed description of the materials alleged to be infringing; (ii) the proprietary rights alleged to be infringed; (iii) your rights in and to the materials alleged to be infringing; and (iv) your name and contact information.
To the extent that any jurisdiction applicable to the Terms has a notice and take-down scheme like the one set out in the United States' Digital Millennium Copyright Act, upon receipt of any notice alleging infringement that complies with such a scheme, Rentyology will act promptly to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act promptly to remove or disable access to any reference or link to material or activity that is claimed to be infringing. If the materials were not posted by Rentyology, Rentyology may attempt to contact the person who posted such material in order to give that person an opportunity to respond to the notification, although Rentyology makes no promise to do so. Any and all counter notifications submitted by that person will be furnished to the complaining party. In all circumstances, Rentyology will give the complaining party an opportunity to seek judicial relief in accordance with any applicable laws before Rentyology replaces or restores access to any material as a result of any counter notification.
If Rentyology believes that you have breached the Terms, Rentyology reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Site and terminate any licenses granted to you pursuant to the Terms without prior notice and without any liability to Rentyology.
Should you violate these Terms and Conditions or any other rights of Rentyology, Rentyology reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, restricting, suspending or terminating your access to all or any part of the Site.
If you are aware of any violations of the Terms, please report them to Rentyology' Compliance Officer at the following email address: Info@Rentology.com. Please put "Notice of Violation" in the subject line of all such notifications and include in each such notice a reasonably detailed description of the alleged violation.
18. Term and Termination
The Terms will continue in effect for as long as you use the Site, unless specifically terminated earlier by Rentyology or you. You may terminate the Terms by instructing Rentyology to disable any username or password for the Site assigned to.
Upon the termination of the Terms, you will: (i) stop using the Site; and (ii) destroy any Content in your possession.
Those sections which by their nature should survive the termination or expiration of the Terms will survive termination or expiration, including but not limited to: section 3, section 4, section 6, section 7, section 10, section 11, section 12, section 13, section 14, section 15, section 16, paragraph 3 of section 18, section 19, section 20 and section 22.
Any notice or other significant communication given to you pursuant to the Terms will be in writing, addressed to any email address or address that you provided to Rentyology when registering (as updated by you in accordance with section 3 and sent to you by email or by nationally recognized overnight courier as applicable. Any notice or other significant communication given to Rentyology pursuant to the Terms will be in writing and sent to Rentyology at the address then listed on the Site in the Contact Us section by nationally recognized courier. Notices will be deemed to have been received one business days following: (i) email transmission by Rentyology to you; (ii) deposit with a globally recognized overnight delivery service, all delivery charges pre-paid.
20. General Terms and Conditions
The Terms (and each document incorporated by reference in the Terms) constitute the complete and exclusive agreement between you and Rentyology with respect to their subject matter, and supersede and replace any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written and oral, regarding your use of the Site.
No provision of the Terms will be deemed to be waived by reason of any previous failure to enforce it. No provision of the Terms may be waived except in a writing signed by the party waiving enforcement.
Should any provision of the Terms be held to be invalid by a court of competent jurisdiction, then that provision will be enforced to the extent permissible, and all other provisions will remain in effect and are enforceable by the parties.
Rentyology and you are independent contractors and the Terms will not establish any relationship of partnership, joint venture, employment, franchise or agency between Rentyology and you. Neither Rentyology nor you will have the power to bind the other or incur obligations on the others behalf without the others prior written consent, except as otherwise expressly provided in the Terms.
The Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without reference to the conflict of laws provisions. You agree to submit to the jurisdiction of the courts of the Province of Ontario for the conduct of any legal proceedings under, or related to, the Terms.
Rentyology will not be liable for any failure or delay in its performance under the Terms due to any cause beyond its reasonable control.
Rentyology may assign the Terms, in whole or in part, at any time with or without notice to you. You may not resell, assign, sublicense or otherwise transfer your rights or delegate your duties under the Terms, either in whole or in part, without the prior written consent of Rentyology.
The headings used in the Terms are for convenience of reference only. No provision of the Terms will be interpreted against any party merely because that party or its legal representative drafted the provision. All remedies are cumulative. Throughout the Terms, the term "including" or the phrases "e.g.," or "for example" have been used to mean "including, without limitation".
Rentyology may change these Terms and any other legal notices on the Site at any time. When Rentyology changes these Terms, Rentyology will: (i) post the updated version of the Terms on the Site together with the date on which it was revised; and (ii) on both the home page and the log-in page for the Site for at least four weeks following any change to the Terms post a notice that the Terms have been updated. All changes are effective when posted on the Site.
As well, Rentyology may, but is not obliged to, ask you to actively confirm your consent to the revised Terms. If Rentyology does not do so, but you continue to use the Site after the changes come into effect, you will be deemed to have agreed to abide by the revised Terms. If you do not agree with the revised Terms without qualification, stop using the Site and instruct Rentyology to disable any password for the Site assigned to you.
Rentyology reserves the right, in its sole discretion, to change or modify the Site from time to time including but not limited adding or removing functionality or features or changing its name.
The Parties expressly request that this agreement as well as documents relating thereto be drawn up in English. Les Parties ont expressement exig� que cette convention ainsi que tous les documents s'y rattachant soient r�dig�s en anglais.