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Welcome to the MetroRent, Inc. web site (the "Web Site"). The goal of this Web Site is to provide you with access to information and tools to enable you to learn about and then get access to the MetroRent apartment search service (the "Service"). Please read these Terms of Use (the "Terms") carefully before continuing on with your use of this Web Site. These Terms shall govern the use of the Web Site and apply to all Internet traffic visiting the Web Site. The Terms are meant to protect all of our Web Site visitors and your use of this Web Site signifies your agreement with these Terms. If you do NOT agree with these Terms, do not use this Web Site. MetroRent reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. By using this Web Site after we have posted notice of such modifications, alterations or updates you agree to be bound by such revised Terms. In accordance with our goals, this Web Site will permit you to link to many other web sites, that may or may not be affiliated with MetroRent, and that may have terms of use policies that differ from, or contain terms in addition to, the terms specified herein.
NOTE: Nothing in these Terms will have the effect of limiting or superceding the contract terms governing your purchase of the Service. Those terms govern the Service exclusively.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
This Web Site is controlled and operated by MetroRent, Inc. All content on this Web Site, including, but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks or service marks and other intellectual property rights which are owned and controlled by MetroRent or by third party content providers, merchants, sponsors and licensors (collectively "Providers") that have licensed their content or the right to market their products and/or services to MetroRent. Content on this Web Site or any web site owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. Such content may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed and/or exploited in any way, including by e-mail or other electronic means for commercial use. Without the prior written consent of MetroRent or the Providers, modification of the content, use of the content on any other web site or networked computer environment, or use of the content for any purpose other than personal, non-commercial use is a violation of MetroRent and/or the Provider copyrights, trademarks or service marks and other proprietary rights, and is prohibited. As a condition of your use of this Web Site, you warrant to MetroRent that you will not use our Web Site for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use our Web Site immediately terminates without the necessity of further notice. MetroRent retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use on your web site any trademarks, service marks or copyrighted materials appearing on the Web Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another web site any of the content or other materials on this Web Site without prior written consent of MetroRent.
LINKS
This Web Site may contain links to other web sites ("Linked Sites"). The Linked Sites are linked for your convenience only and, as such, you access them at your own risk. MetroRent is not responsible for, and does not endorse, the content of Linked Sites, whether or not MetroRent is affiliated with the owners of such web sites. You may not establish a hypertext link to this Web Site or provide any links that state or imply any sponsorship or endorsement of your web site by MetroRent.
OUR POLICY
All real estate advertised on MetroRent is subject to the Federal and State laws which make it illegal to discriminate against potential renters on some or all of the following bases: race, color, religion, gender, sexual orientation, disability, familial status, source of income, and national origin. MetroRent, Inc. will not knowingly permit any such discrimination. If you offer housing in connection with the Service you are responsible for avoiding such discrimination and complying with these laws. MetroRent's policy is that all dwellings advertised in the Service are available on an equal opportunity basis.
MetroRent, Inc. reserves the right to suspend, delete, or to not display any information posted to the Service, including without limitation if that information is found to be false, misleading, defamatory, offensive, obscene, or infringing of the rights of any party.
You grant us the non-exclusive, worldwide, royalty-free right to publish, distribute, use, reproduce, and modify the information you post to the Service, in connection with operation of the Service. You warrant and represent that this information is accurate and not misleading in any way.
DISCLAIMER OF WARRANTIES AND LIABILITY
All content on this Web Site is provided "as is" and without warranties of any kind either express or implied. MetroRent disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, other than those warranties which, under the U.S. laws applicable to these Terms, are implied by law and are incapable of exclusion, restriction or modification. Neither MetroRent, its affiliated or related entities, nor the Providers, nor any person involved in the creation, production, and distribution of this Web Site warrant that the functions contained in this Web Site will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the content available is free of viruses or other harmful components. The content that you access on this Web Site is provided solely for your convenience and/or marketing purposes. MetroRent does not warrant or make any representations regarding the results that may be obtained from the use of this Web Site, or as to the reliability, accuracy or currency of any information content, service and/or merchandise acquired pursuant to your use of this Web Site.
You expressly agree that use of this Web Site is at your sole risk. You (and not MetroRent) assume the entire cost of all necessary servicing, repair or correction of your system. You expressly agree that neither MetroRent, nor its affiliated or related entities (including its Providers), nor any of their respective employees, or agents, nor any person or entity involved in the creation, production and distribution of this Web Site is responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use of this Web Site or any other Linked Site. By way of example, and without limiting the generality of the foregoing, MetroRent and related persons and entities shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials appearing on this Web Site. You expressly acknowledge and agree that MetroRent is not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless, MetroRent, its officers, directors, employees, affiliates, agents, licensors, suppliers and of the Providers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms.
JURISDICTIONAL ISSUES
Unless otherwise specified, the content contained in this Web Site is presented solely for your convenience and/or marketing purposes. This Web Site is controlled and operated by MetroRent from its offices within the State of California, United States of America. MetroRent makes no representation that content in its Web Site is appropriate or available for use in other locations. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or MetroRent bring to enforce these Terms or, in connection with, any matters related to this Web Site shall be brought only in either the state or Federal Courts located in San Francisco, California, and you expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
ENTIRE AGREEMENT
The provisions and conditions of these Terms and each obligation referenced hereto represent the entire Agreement between MetroRent, its affiliated or related entities and you and supersede any prior agreements or understandings not incorporated herein. In the event inconsistencies exist between these Terms and any future published Terms or understanding, the last published Terms shall prevail.
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