| TERMS
OF USE
RentQuest.com - An ISADEX Company
Updated: Saturday, March 4, 2006 - 10:00 p.m. Central Standard Time
PLEASE READ THESE TERMS OF USE CAREFULLY
BEFORE USING THIS SITE. BY VISITING OR USING THIS SITE, OR ANY
PAGE OF
THIS SITE, YOU AGREE
TO BE BOUND BY THESE TERMS OF USE, AND YOU ACKNOWLEDGE THAT SUCH
AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND ISADEX
CORPORATION. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO
NOT VISIT OR USE THIS SITE OR ANY OF PAGES OF THE ISADEX WEBSITES.
ISADEX RESERVES THE RIGHT, AT ITS DISCRETION, TO UPDATE
OR REVISE THESE TERMS OF USE. PLEASE CHECK THE TERMS PERIODICALLY
FOR REVISIONS
AND UPDATES. YOUR CONTINUED USE OF THIS SITE AFTER THE POSTING OF
CHANGES TO THE TERMS OF USE CONSTITUTES ACCEPTANCE OF THOSE CHANGES.
FURTHERMORE, BY USING ANY OF THE ISADEX WEB
SITES, YOU ACKNOWLEDGE THAT ISADEX IS NOT A REAL ESTATE
BROKER, MORTGAGE BROKER OR MORTGAGE LENDER. IT DOES NOT AID OR ASSIST
BORROWERS IN OBTAINING, SOLICIT BORROWERS OR LENDERS FOR, NEGOTIATE
OR MAKE LOANS SECURED BY LIENS ON REAL PROPERTY. 1. General. This site is owned and operated by ISADEX Corporation
("ISADEX").
ISADEX has the right at any time to change or discontinue any aspect
or feature of the site, including, without limitation, the content,
hours of availability, and equipment needed for access or use of
the RentQuest.com Web site (the "Site").
ISADEX also suggests that you review ISADEX Privacy
Statement, which applies to the information collected
by ISADEX during your visit and use of the Site, to get a
better understanding of ISADEX policies and procedures regarding
the collection and use of personal information.
Many if not most communications between ISADEX and you will be
sent and received electronically. You agree that all agreements,
notices, disclosures and other communications exchanged between
you and ISADEX electronically shall satisfy any legal requirements
that such communications be in writing.
2. Restrictions on Use. The Site contains copyrighted material,
trademarks, and other proprietary information, including, without
limitation, text, software, photos, graphics (the "Content").
The Content of the Site, as well as the organization, layout, arrangement
and design elements of the Site and each individual page of the
Site, are the property of ISADEX and its affiliates and are protected
by United States and international copyright, trademark and other
applicable intellectual property laws. You may not modify, publish,
transmit, display, participate in the transfer or sale, create derivative
works, or in any way exploit any of the Content, in whole or in
part. Except as otherwise expressly permitted under copyright law,
no copying, redistribution, retransmission, publication or commercial
exploitation of downloaded material will be permitted without the
express written permission of ISADEX or the copyright owner. In
the event of any permitted copying, redistribution, or publication
of copyrighted material, no changes in or deletion of author attribution,
trademark legend, or copyright notice shall be made. You acknowledge
that you do not acquire any ownership rights by downloading or printing
the copyrighted material, or by using the Site.
ISADEX offers you access to the Site and to the Content available
on the Site solely for your own personal and non-commercial use.
You may not resell or make any commercial use of the Site or the
Content. You may not make use of any product listings, descriptions,
or prices. You may not download or copy any account information
for the benefit of any other merchant. You may not make use of any
robots, spiders, or similar data mining, data gathering or extraction
tools or manual processes to collect, gather or copy any of the
Content in an unauthorized manner. You may not engage in the practices
of "screen scraping," "database scraping," or
any other practice or activity the purpose of which is to obtain
lists of users, portions of a database, or other lists or information
from this Site, in any manner or in any quantities not authorized
by ISADEX. You may not frame or utilize framing techniques to enclose
any trademark, logo, or other proprietary information (including
images, text, page layout, or form) of ISADEX or its affiliates
without prior express written consent. You may not use meta tags
or any other "hidden text" utilizing ISADEX or RentQuest.com
name or trademarks without the express written consent of ISADEX.
You agree that you will not use the web site
in any manner that could damage, disable, overburden, or impair
the web site or interfere with any other
party's use and enjoyment of the web site.
You may not obtain or attempt to obtain any materials or information
through
any means not intentionally made available or provided for through
the web site. Except with the written permission of ISADEX,
you agree that you will not access or attempt to access password
protected, secure or non-public areas of the web site. Unauthorized
individuals attempting to access prohibited areas of the web site
may be subject to prosecution.
Systematic retrieval of the Content or other data from this Site
to create or compile, directly or indirectly, in whole or in part,
a collection, compilation, database or directory without the express
written permission of ISADEX is strictly prohibited.
The foregoing provisions of Section 2 are for the benefit of ISADEX,
its subsidiaries, affiliates, and its third party content providers
and licensors, if any, and each shall have the right to assert and
enforce such provisions directly or on its own behalf.
Illegal and/or unauthorized uses of this Site, including, but not
limited to, unauthorized framing of or linking to the Site, or unauthorized
use of any robot, spider, or other automated device on the Site,
or any manual process to monitor or copy any portion of the Content,
will be investigated and appropriate legal action will be taken,
including without limitation, civil and criminal proceedings, and
proceedings for restraining orders and injunctions.
ISADEX cannot guarantee the appropriateness,
accuracy, sufficiency, correctness, veracity, completeness or timeliness
of advertising content. You are responsible for confirming
the sufficiency and reliability of any such information
you may use or rely upon.
3. Disclaimer of Warranty; Limitation of Liability. YOU EXPRESSLY
AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER ISADEX,
ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES,
AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT
THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE
SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE,
OR MATERIALS PROVIDED THROUGH THE SITE.
THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES
WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR
MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES
RELATING TO ANY OF THE PROPERTIES ABOUT WHICH INFORMATION IS POSTED
ON THIS SITE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES
OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT
OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OR, OR USE
OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR
(INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE
OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ISADEX IS NOT LIABLE
FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS
OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING
RESTS ENTIRELY WITH YOU.
IN NO EVENT SHALL ISADEX AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEB
SITE, WITH THE DELAY OR INABILITY TO USE THE WEB
SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE WEB SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE WEB
SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, EVEN IF ISADEX OR ANY OF ITS SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB
SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE WEB SITE. IN NO EVENT WILL ISADEX, OR ANY PERSON OR ENTITY INVOLVED IN CREATING,
PRODUCING, OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN,
BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE)
OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR
ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING,
WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE, OR SIMILAR
ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION
SHALL APPLY TO ALL USE OF AND CONTENT ON THE SITE. APPLICABLE LAW
MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU. IN NO EVENT SHALL ISADEX TOTAL LIABILITY TO YOU
FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT,
TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY
(INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY,
FOR ACCESSING THIS SITE OR OBTAINING ANY REPORTS OR OTHER INFORMATION
FROM THIS WEB SITE.
YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING
BUT NOT LIMITED TO ISADEX CONTENT, AFFILIATE CONTENT,
AND PUBLIC CONTENT IS AT YOUR SOLE RISK. SUCH INFORMATION
IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. ISADEX MAKES NO EXPRESS
OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD
TO THE APPROPRIATENESS, ACCURACY,
SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS
OF SUCH INFORMATION.
THE INFORMATION CONTAINED IN AND PROVIDED THROUGH ISADEX ARE NOT
INTENDED NOR IMPLIED TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE.
ISADEX MAKES
NO EXPRESS OR IMPLIED REPRESENTATION, WARRANTY OR GUARANTEE IN CONNECTION
WITH
THE INFORMATION CONTAINED IN AND PROVIDED THROUGH SUCH SERVICES,
INCLUDING THE APPROPRIATENESS, ACCURACY, CORRECTNESS, VERACTIY,
VALUE, SUFFICIENCY, TIMELINESS, OR COMPLETENESS OF THE DATA, METHODS
AND OTHER INFORMATION CONTAINED IN AND PROVIDED THROUGH SUCH SERVICES.
ISADEX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT WITH REGARD TO SUCH SERVICES. ISADEX SHALL
HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH SERVICES OR TO
ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS
OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY ANY ERROR OR OMISSION,
OR ARISING OUT OF, OR IN CONNECTION WITH, THE INFORMATION CONTAINED
IN OR PROVIDED THROUGH SUCH SERVICES. IN NO EVENT WILL ISADEX BE
LIABLE TO ANY USER OF SUCH SERVICES OR TO ANY THIRD PARTY FOR ANY
DECISION MADE OR ACTION TAKEN BY ANY USER OF SUCH SERVICES OR ANY
THIRD PARTY IN RELIANCE UPON THE INFORMATION CONTAINED IN OR PROVIDED
THROUGH SUCH SERVICES. A USER'S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION
WITH SUCH A SERVICE IS TO STOP USING THE SERVICE.
4. Indemnification. You agree to defend, indemnify,
and hold harmless ISADEX and its suppliers, affiliates, advertisers,
subsidiaries, and their respective directors, officers,
employees, and agents from and against any and all claims, actions,
demands, damages, costs, liabilities, losses, and expenses (including
reasonable attorneys' fees) due to or arising out of any information,
solicited by ISADEX or it's affiliates, and any publicly
posted information, or your use of the Site, or any information
you obtain from the site.
5.
Trademarks and Patents. All trademarks and service marks of
ISADEX and its subsidiaries or affiliates displayed on the Site
are subject to state, federal, and/or international trademark protection.
Unless expressly authorized by ISADEX, you may not use its trademarks
or service marks with any product or service that is not provided
by ISADEX or RentQuest.com, or in any manner that is likely to cause
confusion among customers, or that might disparage or discredit
ISADEX or RentQuest.com. All
other
trademarks appearing on the Site are the property of their respective
owners, including third-party providers of products and services
with links to and from the Site.
ISADEX, RentQuest, RentQuest.com, and are
all trademarks of ISADEX Corporation and are
all
pending
or registered in the U.S. Patent and Trademark Office. Unauthorized
use of patented technology and trademarks is strictly prohibited.
6. Third Party Content. Any information or content expressed or
made available by third parties, including information providers
and users, are those of the respective author(s) or distributor(s)
and not of ISADEX.
The Site contains links to third party web sites with which ISADEX
has linking arrangement but for which it does not maintain control
or assume responsibility. The inclusion of such a link does not
necessarily imply endorsement of such sites by ISADEX or any association
with the operators of such linked sites. Any concerns regarding
any such third party service or resource, or any link thereto, should
be directed to the particular service or resource. In addition,
ISADEX recommends that you review these sites' terms of use and
privacy policies.
RentQuest.com Property Manager Accounts may post advertising information
on RentQuest.com, so long as the content is not illegal,
obscene,
threatening, defamatory, invasive of privacy, infringing of intellectual
property rights, or otherwise injurious to third parties or objectionable
and does not consist of or contain software viruses, political campaigning,
commercial solicitation, chain letters, mass mailings, or any form
of "spam". You may not use a false e-mail address, impersonate
any person or entity, or otherwise mislead as to the origin of the
content. ISADEX reserves the right (but not the obligation) to remove
or edit such content, but does not regularly review posted content.
You promise that you will not use the site
to:
* (a) post, upload or otherwise transmit any content not related
to appropriate subject matters;
* (b) post, upload or otherwise transmit any content which is misleading to
others, including consumers;
* (c) post, upload or otherwise transmit any content that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically or otherwise
objectionable;
* (d) post, upload or otherwise transmit any content that you do not have a
right to post and transmit under any law or under contractual relationships;
* (e) post, upload or otherwise transmit any content, such that such posting,
uploading, or transmission constitutes the infringement of any patent, trademark,
trade secret, copyright or other proprietary rights of any party;
* (f) post, upload or otherwise transmit any materials that contain software
viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or
telecommunications equipment; or
* (g) intentionally or unintentionally violate any applicable local, state,
national or international law, or any regulations having the force of law,
including the Civil Rights Act of 1866, the Fair Housing Act, the Americans
with Disabilities Act, and the Equal Credit Opportunity Act.
If you do post content or submit material, and unless we indicate
otherwise, you grant ISADEX and its affiliates a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sub licensable right to use, reproduce,
modify, adapt, publish, translate, create derivative works from,
distribute, and display such content throughout the world in any
media. You represent and warrant that you own or otherwise control
all of the rights to the content that you post; that the content
is accurate; that use of the content you supply does not violate
this policy and will not cause injury to any person or entity; and
that you will indemnify ISADEX or its affiliates for all claims
resulting from content you supply. You agree that you must evaluate,
and bear all risks associated with, the use of any content you post
to the web site, including any reliance on the
accuracy, completeness, or usefulness of such content. ISADEX has
the right but not the obligation to monitor and edit or remove any
activity or content.
ISADEX takes no responsibility and assumes no liability for any
content posted by you or any third party. ISADEX reserves
the right at all times to disclose any information as necessary
to satisfy any applicable law, regulation, legal process or governmental
request.
By posting, uploading, inputting, providing or submitting content
to the web site, you warrant and represent that
you own or otherwise control all of the rights to such content including,
without limitation, all the rights necessary for you to provide,
post, upload, input or submit such content. 7. Viruses. ISADEX also assumes no responsibility, and shall not
be liable for, any damages to, or viruses that may infect, your
computer equipment or other property on account of your access to
use, of, or browsing in the Site or your downloading of any materials,
data, text, images, video, or audio from the Site.
8. Export Control. Software and other materials from this Site
may also be subject to United States Export Control. The United
States Export Control laws prohibit the export of certain technical
data and software to certain territories. No software from this
Site may be downloaded or exported (1) into (or to a national or
resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any
other country to which the United States has embargoed goods; or
(2) anyone on the Unites States Treasury Department's list of Specially
Designated Nationals or the US Commerce Department's Table of Deny
Orders. ISADEX does not authorized the downloading or exportation
of any software or technical data from this Site to any jurisdiction
prohibited by the United States Export Laws.
9. Business Associates. You agree that no joint
venture, partnership, employment, or agency relationship exists
between you and ISADEX as a result of this Agreement
or use of the web sites.The business associates
of ISADEX identified on the Site, if any, are independent contractors
of ISADEX. The
business associates are not joint ventures or partners of ISADEX.
No employee or representative of the business associates is under
the control of ISADEX. 10. Changed Terms. ISADEX has the right at any time to change or
modify the terms and conditions applicable to use of the Site, or
any part thereof, or to impose new conditions, including, without
limitation, adding fees and charges for use. Such changes, modifications,
additions, or deletions shall be effective immediately upon notice
thereof, which may be given by any means including, without limitation,
posting on the Site, or by electronic or conventional mail, or by
any other means. Any use of the Site by you after such notice shall
be deemed to constitute acceptance of such changes, modifications,
additions, or deletions.
11. Miscellaneous. These Terms of Use constitute
the entire agreement of the parties with respect to the subject
matter hereof and supersede
all previous written or oral agreements between the parties with
respect to such subject matter. These terms of use shall be construed
in accordance with the laws of the State of Wisconsin, County of
Dane, U.S.A., without regard to its conflict of laws rules, including
but not
limited
to, the Uniform Computer Information Transactions Act ("UCITA").
You hereby consent to the personal jurisdiction of any state or
Federal court of the State of Wisconsin, acknowledge that
venue is proper in the State of Wisconsin, agree that any
action related to these terms of use must be brought in a state
or Federal court in the State of Wisconsin, waive any objection
that may exist, now or in the future, with respect to any of the
foregoing. No waiver by either party of any breach or default hereunder
shall be deemed to be a waiver of any preceding or subsequent breach
or default. The section headings used herein are for convenience
only and shall not be given any legal import. 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 and subject to
the same conditions as other business documents and records originally
generated and maintained in printed form.
BY VISITING OR USING THIS SITE, OR ANY PAGE OF THIS SITE, YOU AGREE
TO BE BOUND BY THESE TERMS OF USE, AND YOU ACKNOWLEDGE THAT SUCH
AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND ISADEX,
INC. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE
THIS SITE.
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