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Agreement between user and www.123Rents.com
Welcome to www.123Rents.com. The www.123Rents.com website (the "Site", the "Service") is comprised of various web pages operated by The Wesler Group, LLC ("Wesler", "us", "we", or "our"). 123Rents.com primary purpose is to operate a marketing website that connects apartment renters with real estate brokers, agents, landlords or other entities which offer apartment listings to the public. Use of www.123Rents.com is offered to you conditioned on your acceptance without modification of all terms, conditions, and notices contained herein (the "Terms"). Your use of our site constitutes your agreement to comply with all such Terms. Please read these Terms carefully, and keep a copy of them for your reference. If you disagree with any of the Terms, then you do NOT have permission to access the Service. Users of the site agree to use the services only in appropriate, lawful and legal operations.
The Wesler Group, LLC makes no representation or warranties as to the accuracy or validity of any information available on our site from customers, and does not assume any responsibility for any errors, omissions, or misrepresentations. Information posted to the site by us or third parties, including but not limited to apartment availability and rental terms, is subject to change without notice.
Visiting www.123Rents.com or sending emails to Wesler constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Wesler is not responsible for third party access to your account that results from theft or misappropriation of your account. You agree to immediately notify us as soon as you are aware of any unauthorized use of your account or password on our Site. Wesler and its associates reserve the absolute right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. Wesler reserves the right to collect, post, edit and distribute Users Ratings of agents/ brokers in its sole discretion. You agree not to post any content or otherwise use our Site in any harmful, threatening, obscene, deceptive, fraudulent, or other unlawful manner. The Wesler Group, LLC has the right but not the obligation to monitor and edit all Content provided by users. Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness. By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright or any other legal right of a third party. By posting listings on or through the Service, you represent and warrant that you are over 18 years old, and have and will maintain all required valid real estate licenses necessary to list, show, and rent real estate in your state, or are the landlord or landlord's agent of the advertised property. You agree to provide us with your Real Estate license number if requested. You further agree that you will only post accurate listings to our Site that are currently available for rent and that you will promptly remove listings from our Site as you become aware that they are no longer available for rent. You agree not to access the site through any means other than the browser interface as provided by 123Rents, and not to interfere with the operation of our Site in any way. You agree that you will not copy or change or cause to be copied or modified any of the computer code, text, marks, or any other content of our Site for any competing commercial purpose. You or any third party that you employ will not attempt to re-route, control, disable or interfere with the access or security of our site in any way. You will not use the site to encourage any illegal purpose or activity. You agree not to post any content or operate in violation of Fair Housing Laws, which prohibit discrimination against any person due to Race, Color, Religion, Sex, Handicap, Family status, or National Origin. HUD Equal Housing Opportunity notice is posted on our Site. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. In addition, all Content found on or through this Service are the property of The Wesler Group, LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us. Wesler does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. If you are under 18, you may use www.123Rents.com only with permission of a parent or guardian. If you subscribe to a paid service plan, fees will be due in advance on a monthly basis. If fees are not paid in a timely fashion, your service will be terminated and all of your site content will be removed.
You may cancel your service with 123Rents at any time. You will remain responsible for payment of the current month's service fee. No additional payments will be required. If 123Rents terminates your Service, a refund of any pre-paid charges already paid for services not yet rendered will be returned to you within thirty (30) days.
Links to third party sites/Third party services
www.123Rents.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Wesler and Wesler is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Wesler is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Wesler of the site or any association with its operators. Certain services made available via www.123Rents.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.123Rents.com domain, you hereby acknowledge and consent that Wesler may share such information and data with any third party with whom Wesler has a contractual relationship to provide the requested product, service or functionality on behalf of www.123Rents.com users and customers. No unlawful or prohibited use/Intellectual Property
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. Wesler has no obligation to monitor the Communication Services. However, Wesler reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Wesler reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Wesler reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Wesler's sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Wesler does not control or endorse the content, messages or information found in any Communication Service and, therefore, Wesler specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Wesler spokespersons, and their views do not necessarily reflect those of Wesler. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to www.123Rents.com or posted on any Wesler web page
Wesler does not claim ownership of the materials you provide to www.123Rents.com (including feedback and suggestions) or post, upload, input or submit to any Wesler Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Wesler, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Wesler is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Wesler's sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your Wesler account to third party accounts. By connecting your Wesler account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Wesler from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Wesler Content accessed through www.123Rents.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Wesler, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Wesler reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Wesler in asserting any available defenses.
Wesler reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. At its sole discretion, Wesler/ 123Rents may terminate your account and delete any or all information concerning your account and postings you have entered onto our site.To the maximum extent permitted by law, this agreement is governed by the laws of the State of Massachusetts and you hereby consent to the exclusive jurisdiction and venue of courts in Massachusetts in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Wesler as a result of this agreement or use of the Site. Wesler's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Wesler's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Wesler with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Wesler with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Wesler with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Wesler reserves the right, in its sole discretion, to change the Terms under which www.123Rents.com is offered. The most current version of the Terms will supersede all previous versions. Wesler encourages you to periodically review the Terms to stay informed of our updates.
Term of agreement
All sections of this agreement regarding the use of and interference with the operation our Site, protection and security of all of our proprietary code and content, trademarks, copyrights, shall survive termination of this agreement. Any violations of these provisions and any of our rights will be prosecuted to the full extent of the law.
123Rents welcomes your questions or comments regarding the Terms of Service:
The Wesler Group, LLC / 123Rents
admin @ 123rents . com
Effective as of March 15, 2015
YGL and YGL logo is sole property of ©2015 YouGotListings, Inc. All rights reserved.
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, subscribe to the newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, phone number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies
How we use collected information
123rents may collect and use Users personal information for the following purposes: - To improve customer service Information you provide helps us respond to your customer service requests and support needs more efficiently. - To personalize user experience We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site. - To improve our Site We may use feedback you provide to improve our products and services. - To process payments We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service. - To run a promotion, contest, survey or other Site feature To send Users information they agreed to receive about topics we think will be of interest to them. - To send periodic emails We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site. How we protect your information We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site. Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.
Third party websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.
admin @ 123rents . com