WhatsTheRent.com

Terms and Conditions of Use Agreement

1. Introduction

Thank you for reviewing our Terms and Conditions of Use Agreement (hereinafter the “Agreement”) for the WhatsTheRent.com web site. This website is owned and operated by PFM, LLC, a Wisconsin limited liability company (hereinafter “PFM” or “We”). This Agreement applies to persons who visit, create an account with, or otherwise use the WhatsTheRent.com web site (collectively “Users”). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access WhatsTheRent.com services (“Services”) or the WhatsTheRent.com web site (hereinafter referred to collectively as “WhatsTheRent.com” or “the Site”).

2. About WhatsTheRent.com

WhatsTheRent.com is the best source on the Web for roommates and rentals. We provide free access for property owners and potential tenants to list and review rental properties around the country to find roommates and tenants. Users may post listing information for free. Other Users may reply to those listings. Please note that the information provided by individuals through the Site is not provided or verified by WhatsTheRent.com and PFM accepts no responsibility for the content or accuracy of the listings on the Site.

3. Availability and Eligibility

Our Site and Services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18). This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this Site and Services no distribution or solicitation is made by WhatsTheRent.com to any person to use the Site or Services in jurisdictions where the provision of such site or services is prohibited by law. If you do not qualify, please do not use our Site. Further, if you create an account with the Site, your user ID and password may not be transferred, loaned, given or sold to another party.

4. Services.

The Site provides you with the opportunity to post and review listings for rental properties around the United States, all at no cost to you. You are not required to provide any personally identifiably information to us to view the Site. However, to post listings or save searches or search criteria for later use you will need to create an account with us. As further discussed below, you acknowledge and agree that PFM and WhatsTheRent.com does not warrant or guarantee the accuracy, reliability, completeness, timeliness, or other qualities relating to the information provided by Users of the Site, any specific results from the Site, or the timeliness or receipt of emails or other communications, regardless of method of delivery, that you elect to send or receive. The accuracy of the representations contained in a User listing should be independently verified by a User before a User takes any action.

5. User’s Responsibilities and Acknowledgements

As a WhatsTheRent.com User you are obligated to read this Agreement and our Privacy Policy before you register on our Site, utilize our Services, subscribe, or provide any information to us. You agree to read and be bound to the terms of this Agreement and those of our Privacy Policy and other policies we have now or may adopt in the future. You acknowledge and agree that individuals that provide information on the Site are solely responsible for their conduct and the content of their listings and that PFM has not and does not review, approve, or otherwise endorse such information or conduct. PFM is not responsible for the online or offline conduct of any User of the Site.

6. Federal Fair Housing Act

Section 3604(c) of the Federal Fair Housing Act prohibits stating discriminatory preferences in ads and listings for real estate rental based on certain protected classes such as race, religion, family status, gender, disability, or national origin. In addition, many States have local laws that prevent discrimination based on other factors. WhatsTheRent.com is committed to the spirit and letter of these anti-discrimination laws. Users must comply with all applicable laws when submitting listings to the Site. Users may notify PFM of potentially illegal ads by clicking the “Report this listing” link on any listing.

7. Restricted Activities

You are prohibited from any use of the Site or its contents that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Your information, listings, and activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) violate the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violate any state or local law prohibiting discrimination on the basis of these or other characteristics); (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) contain any sexually suggestive, obscene, or vulgar text or images; (h) contain any viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with the Site; and (i) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. You may not consummate any transaction on the Site, or that was initiated using our Service, that could cause us to violate any applicable law, statute, ordinance or regulation.

8. Access and Interference

You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that we, in our sole discretion, believe imposes an unreasonably large load on our servers; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any Site content without the prior expressed written permission of PFM and the appropriate third party, as applicable; (iii) attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass any measures we may use to prevent or restrict access to the Site.

9. Breach

Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely suspend or terminate your account and refuse to provide our services to you if, within our sole and independent judgment: (a) you breach, or we anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe in our sole opinion that your actions may cause financial loss or legal liability for you, our Users or us. We can also terminate this Agreement at any time, with or without cause.

10. Privacy

We only use your information as described in our Privacy Policy. Our current Privacy Policy is available at http://www.whatstherent.com/info.php?p=pp. We may change the Privacy Policy in the future. You should check the Privacy Policy frequently for changes.

11. Links to Third Party Sites

There may be links established between this Site and other sites on the World Wide Web and Internet which are not under the control of, or maintained by, WhatsTheRent.com. Such links do not necessarily constitute an endorsement by PFM of those sites. PFM undertakes no obligation to monitor such sites, and you agree that PFM is not responsible for the content of such sites or any technical or other problems associated with any such third-party sites, links or usage.

12. Intellectual Property

The Site contains intellectual property that is protected by the laws of the United States as well as international law. You may not publish, re-transmit, distribute, or otherwise make unauthorized use of the material on the Site except as permitted under the applicable laws.

13. DMCA Policy

PFM takes claims of copyright infringement very seriously. Our policy for handling claims of infringement is to have our designated agent review and respond to notices of infringement when a DMCA compliant notice is provided to us. In accordance with the Digital Millennium Copyright Act ("DMCA"), PFM has designated an agent to receive notification of alleged copyright infringement occurring on the Site. If you believe that your copyrighted work is being infringed, notify the designated agent specified below:
   PFM, LLC
   Attn: DMCA Designated Agent
   P.O Box 44634
   Madison WI 53744-4634
or via email at DMCAnotice@WhatsTheRent.com. The Digital Millennium Copyright Act requires that all infringement claims must be in writing and must include the following information:
  • A description of the copyrighted work claimed to have been infringed;
  • A description of the infringing material and information reasonably sufficient to permit WhatsTheRent.com to locate the material;
  • Your contact information, including your mailing address, telephone number, and email address;
  • A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner; and
  • A physical or electronic signature of the copyright owner or the person authorized to act on its behalf.

14. Email Policy

Please be advised that if you provide us with your email address, you have expressly granted us the right to contact you via email. In addition, if you contact another user through our Service using our proprietary contact and communication system, then your name and email address will be shared with such Users and they may contact you by email and other methods. You agree not to abuse the WhatsTheRent.com communication system in any manner. Failure to comply with this requirement may result in account suspension or termination, in the sole discretion of PFM.

15. Disclaimer of Warranties

WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS PROVIDE OUR WEBSITE AND SERVICE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. IN ADDITION, WE SPECIFICALLY DISCLAIM ALL WARRANTIES THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; WILL BE ACCURATE, ADEQUATE, RELIABLE, COMPLETE, AND WE DISCLAIM THE USEFULNESS OF ANY OF THE CONTENT. WE DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT; ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF PFM. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT OR THE SERVICE. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PFM DISCLAIMS ANY AND ALL SUCH WARRANTIES.

16. General Release

IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, EACH OF YOU AGREE TO RELEASE PFM, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU WAIVE THE PROTECTIONS AFFORDED BY CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY PFM.

17. Limitation of Liability

IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR YOUR USE OF THE WEBSITE. OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF A) THE AMOUNT OF FEES YOU PAY TO US IN ANY ONE YEAR OR B) $100. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT The Fitness Personal'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

18. Indemnity

You agree to indemnify and hold us and our officers, directors, agents, employees, contractors and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party, including but not limited to any intellectual property claim, arising out of (i) materials and content you submit to, post to or transmit through the Site, or (ii) your violation of this Agreement or your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. PFM reserves the right but not the obligation, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of PFM. You further agree to indemnify and hold harmless PFM from any claim arising from a third party's use of information or materials of any kind that you post to the Site.

19. Dispute Resolution

You agree that any controversy or claim arising out of or relating to this Agreement and/or your use of the website, except for matters exclusively between Users and not involving PFM, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted exclusively in Madison, Wisconsin and the judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or PFM may seek any interim or preliminary relief exclusively from a court of competent jurisdiction in Madison, Wisconsin necessary to protect the rights or property of you or PFM pending the completion of arbitration.

20. Licenses

PFM grants a limited license to each participant to make personal use only of the Site in accordance with this Agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the Services, making any derivative of the Site or the Services, the collection and use of User e-mail addresses or other participant information or listings, or any data extraction or data mining whatsoever. You agree that you will not compile, reproduce, republish or resell for any commercial purpose any information on our Site and not use any device, software or routine that may interfere with the operation of the Site.

21. Waiver

Failure by PFM to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.

22. Right to Change this Agreement

PFM reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole and independent discretion. Any changes will be effective upon the posting of the changes on the Site. You are responsible for reviewing the changes. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of this Site and the Services following The Fitness Personal’s posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this Agreement, do not continue to use the Services or this Site.

23. General Provisions

This is the entire Agreement governing the use of the WhatsTheRent.com Site. No delay by either party shall waive rights under this Agreement. This Agreement is governed by, and to be construed in accordance with, the laws of the State of Wisconsin, without regard to that state’s conflict of laws provisions. By using the Site you expressly agree that personal jurisdiction and venue are proper exclusively in the state and federal courts located in the State of Wisconsin. No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of PFM in accordance with applicable law and the remainder of the Agreement shall remain in full force.

24. Contact WhatsTheRent.com

Except as explicitly stated otherwise, any notices to WhatsTheRent.com shall be given by postal mail to:

   WhatsTheRent.com
   PFM, LLC
   P.O Box 44634
   Madison WI 53744-4634
You agree that you will notify PFM in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it and give PFM a reasonable period of time to address it before bringing any arbitration or legal action.
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