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1.
Terms of Use Between Renter and IWMRR Generally.
This is a legal agreement ("Agreement") between
you and "IwantMyRentRebate.com (Hereafter referred
to as IWMRR". By accessing this Web site, you agree
to be bound by this Agreement, and by all applicable laws.
IWMRR's provision of access to its Web site, as well as
your use thereof, is conditioned upon your acceptance of
the terms described in this Agreement as well as those found
throughout this Web site. This Web site is for your personal
and noncommercial use only.
2.
IWMRR's Services to You. IWMRR provides a medium
through which Lessors may place information about their
properties before Renters, so that Lessors may advertise
to Renters and Renters may communicate with Lessors. IWMRR
provides you with only these services. IWMRR hereby disclaims
any liability based on, but not limited to, the following:
·
IWMRR does not participate in any actual lease transactions,
including, without limitation, negotiations, discussions,
or proposals.
·
While IWMRR has licensed brokers in those states where
it believes it may be necessary to do so in order to comply
with state regulations, IWMRR does not render legal, brokerage,
or other professional advice or services.
·
IWMRR has no fiduciary duties to either Renters or Lessors,
including, without limitation, the obligation to inspect
rental properties or to verify the veracity of offers.
·
IWMRR
makes no representations or endorsements regarding Lessors
or Units. All of the information, software and services
provided through this Web site are provided "as is,"
"as available," without warranty of any kind.
IWMRR and/or its suppliers specifically disclaim any and
all implied warranties of title, merchantability, fitness
for a particular purpose and non-infringement.
·
IWMRR
is not responsible for the content of, nor does it endorse,
the third-party Web sites to which you may link using
this Web site.
·
This
Web site may contain typographical errors or inaccuracies.
·
IWMRR
may make changes to its products and/or services and this
Web site at any time and without notifying you or receiving
your consent.
·
IWMRR
reserves the right to change the terms, conditions and
notices under which this Web site is offered to future
users, without notification of you.
·
While
IWMRR complies with state and federal civil rights laws,
IWMRR does not monitor transmissions of information by
Renters and Lessors and thus assumes no liability for
Renters' and/or Lessors' failures to comply with such
laws.
3. Liability Disclaimer and Affirmative Release.
IWMRR hereby disclaims any liability arising out of or relating
to those services and activities which IWMRR has expressly
not undertaken to provide to you (as described more fully
in the bullet-points in Section 2, above). YOU HEREBY AGREE
THAT IN NO EVENT SHALL IWMRR OR ITS AFFILIATES AND/OR SUPPLIERS
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES ARISING OUT OF
OR IN ANY WAY RELATED TO THE USE OF THIS WEB SITE OR WITH
THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION,
PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE
ARISING OUT OF OR RELATED TO THE USE OF THIS WEB SITE. This
Agreement has legal significance. Renters with questions
regarding such significance are encouraged to seek the advice
of an attorney.
4.
Renter's Representations and Warranties. By using
this Web site, you hereby represent and warrant the following.
·
You
are of the legal age in your state of residence to make
contracts and you therefore possess the authority to enter
into this Agreement.
·
All
information supplied or to be supplied by you relating to
this Web site is and will be accurate.
·
You
agree that the services of this Web site shall be used only
to find residential rental units, in accordance with the
process IWMRR's Web site presents, and information for you
or for another person for whom you are legally authorized
to act. You will not transmit any defamatory, obscene, trade
libelous, threatening or harassing language.
·
You
understand that failure to abide by this Agreement may result
in denial of access to this Web site.
·
You acknowledge and agree that IWMRR is the sole owner and
vendor.
·
You
agree that no joint venture, partnership, or employment
relationship exists between you and IWMRR as a result of
this Agreement or use of this Web site.
5.
Your Information. "Your Information" is
defined as any information you provide to us or other users
in the course of using this Web site, including, but not
limited to, any public message area or through any email
feature. You are solely responsible for Your Information,
and we act as a passive conduit for your online distribution
and publication of Your Information. IWMRR will only use
Your Information in accordance with our privacy policy.
With regard to Your Information, you promise that:
·
You
will not transmit to IWMRR any information containing any
viruses, Trojan horses, worms, time bombs, cancelbots or
other computer programming routines that are intended to
damage, detrimentally interfere with, surreptitiously intercept
or expropriate any system, data or personal information.
You will not spam IWMRR's Web site.
·
You
will do nothing to incur liability for IWMRR or cause IWMRR
to lose (in whole or in part) the services of IWMRR's ISP's
or other suppliers.
·
Your
Information shall not violate any law, statute, ordinance
or regulation.
·
Your
Information shall not link to or include descriptions of
goods or services that are prohibited under this Agreement
or that you do not have a right to link to or include.
6.
Correct, Review, Update or Delete Your Account Information.
IWMRR provides all users with the opportunity to correct,
update or delete information stored in their account. To
review, modify or delete your information, log in and select
"Update Your Profile".
7.
Fees and Services. Creating a listing and searching
for and communicating with properties are free services.
When you find a home through IWMRR, the Lessor whose property
you will be renting is responsible for paying IWMRR a success
fee. You agree to return to the Web site to confirm the
terms of the lease so that IWMRR can collect its fee from
the Lessor. Our fees and credit policy is incorporated herein
by reference. We may change our fees and credit policy and
the fees for our services from time to time. Changes to
the policy are effective after we provide you with at least
thirty (30) days' notice of the change by email, fax or
regular first class mail. However, we may choose to temporarily
change our fees and credit policy and the fees for our services
for promotional events and any such changes are effective
upon and during the posting of the temporary promotional
event on the Web site. In the event we introduce a new service,
the fees for that service are effective at the launch of
the service. Unless otherwise stated, all fees are quoted
in U.S. Dollars.
8.
Compliance with Federal and State Civil Rights Acts.
IWMRR complies with state and federal civil rights laws,
including the Fair Housing Act and the Americans with Disabilities
Act. By using this Web site you agree to comply with such
acts and thus agree to avoid stating any preference based
on race, color, national origin, religion, handicap or any
other category. At other locations in this Web site, IWMRR
may remind you not to include information that is potentially
actionable under such laws.
9.
Right to Refuse Service. IWMRR reserves the right
to refuse service to anyone.
10.
Choice of Law. THIS AGREEMENT IS GOVERNED BY THE
LAWS OF THE STATE OF TEXAS AND ANY APPLICABLE FEDERAL LAWS,
WITHOUT GIVING EFFECT TO CONFLICT OF LAWS PRINCIPLES. ANY
LEGAL ACTION OR PROCEEDING UNDER THIS AGREEMENT SHALL FIRST
BE SUBJECT TO ARBITRATION. ANY DISPUTES BETWEEN LESSOR AND
RENTER SHOULD BE HANDLED DIRECTLY BETWEEN LESSOR AND RENTER.
ANY ARBITRATION SHALL TAKE PLACE IN HOUSTON, TEXAS. ARBITRATION
SHALL BE GOVERNED BY THE RULES OF THE AMERICAN ARBITRATION
ASSOCIATION. ARBITRATION SHALL BE THE SOLE REMEDY AVAILABLE
TO LESSORS AND RENTERS UNDER THIS AGREEMENT. IWMRR SHALL
NOT BE LIABLE FOR PUNITIVE DAMAGES ARISING OUT OF OR RELATING
TO THIS AGREEMENT UNDER ANY CIRCUMSTANCES WHATSOEVER.
11.
Severability. In the event that any provision of
this Agreement is determined by a court to be invalid or
otherwise unenforceable, such provision (or portion thereof)
shall be enforced to the extent possible consistent with
the stated intention of the parties, or, if incapable of
such enforcement, shall be deemed to be deleted from this
Agreement, while the remainder of this Agreement shall continue
in full force and remain in effect according to its stated
terms and conditions.
Property
owners and managers are subject to the federal Fair Housing
Act, which prohibits "any preference, limitation, or
discrimination because of race, color, religion, sex, handicap,
familial status, or national origin, or intention to make
such preference, limitation or discrimination."
IWMRR
supports Equal Housing Opportunity and we encourage users
of our site to follow appropriate guidelines to comply with
both the Federal Housing Act, as well as any applicable
state and local regulations. All renters are hereby informed
that all property rental offers are available on an equal
opportunity basis.
Property
Owner's & Manager's Responsibilities
As
a property owner or manager you have a responsibility and
a requirement under the law not to discriminate in the rental
of property on the basis of race, color, religion, sex,
handicap, familial status, or national origin. You cannot
instruct your agent to convey on your behalf any limitations
in the rental because your agent is bound by law not to
discriminate. Agents in a rental transaction are prohibited
by law from discriminating on the basis of race, color,
religion, sex, handicap, familial status, or national origin.
They are prohibited from complying with a request from the
property owner or manager to act in a discriminatory manner
in the lease or rental. Moreover, a property owner or manager
cannot establish discriminatory terms or conditions in the
purchase or rental, deny that housing is available, or advertise
that the property is available only to persons of a certain
race, color, religion, sex, handicap, familial status, or
national original.
Renter's
Rights
As
someone seeking to rent an apartment, home or condo, you
have the right to expect that housing will be available
to you without discrimination or other limitations based
on race, color, religion, sex, handicap, familial status,
or national origin. This includes the right to expect equal
professional service, the opportunity to consider a broad
range of housing choices, no discriminatory limitations
on communities or locations of housing, no discrimination
in the pricing or financing of housing, reasonable accommodations
in rules, practices and procedures for persons with disabilities,
and to be free from harassment or intimidation for exercising
your fair housing rights.
The
Law
Civil
Rights Act of 1866
The
Civil Rights Act of 1866 prohibits all racial discrimination
in the sale or rental of property.
The
Fair Housing Act
The
Fair Housing Act declares a national policy of fair housing
throughout the United States, making illegal any discrimination
in the sale, lease or rental of housing, or making housing
otherwise unavailable, because of race, color, religion,
sex, handicap, familial status, or national origin.
Americans
with Disabilities Act
Title
III of the Americans with Disabilities Act prohibits discrimination
against persons with disabilities in places of public accommodations
and commercial facilities.
The
Equal Credit Opportunity Act
The
Equal Credit Opportunity Act makes discrimination unlawful
with respect to any aspect of a credit application on the
basis of race, color, religion, national origin, sex, marital
status, age or because all or part of the applicant's income
derives from any public assistance program.
State
and Local Laws
State
and local laws often provide broader coverage and prohibit
discrimination based on additional classes not covered by
federal law.
IF
YOU SUSPECT DISCRIMINATION
Call
the U.S. Department of Housing and Urban Development.
You
can contact HUD on the Internet at http://www.hud.gov/fhe/fheo.html.
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Equal Housing Opportunity