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Terms of Use Agreement |
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Introduction
GaRAH.COM, a service of USA Rent-A-Home, Inc., Inc., provides this Website and the services offered on it (hereinafter referred to as the "services") under the following terms and conditions (hereinafter referred to as the "Terms"). By using this website, you accept the terms of this Terms of Use Agreement. Please read this agreement carefully. GaRAH.COM may change the terms of this agreement from time to time. By continuing to use this website and following our posting of such changes, you agree to be bound by this agreement, as modified. GaRAH.COM may change, restrict access to, suspend, or discontinue this website, or any portion of this website, at any time. The terms we", "us", "our", and "GaRAH.COM" refer to USA Rent-A-Home, Inc.
Users
Users of USA Rent-A-Home, Inc. sites include:- individuals or entities browsing the Websites to read about our services, view advertised rental properties of other Users of the Websites, or view the advertisements of service providers or third party companies marketing their services on the Websites;
- individuals or entities registering with the Websites requesting USA Rent-A-Home, Inc. provide them with notifications of available rental properties posted on the Websites by other Users; and
- individuals or entities registering with the Websites for the specific purpose of advertising and displaying properties available for lease or rental on the Websites and/or distributed for display at other third party websites or publications ("Advertisers").
General Provisions
GaRAH.COM is a directory and only facilitates the exchange of information between property Advertisers and potential renters, and the material that appears on GaRAH.COM is for informational purposes only. GaRAH.COM does not verify either the information on the property advertised or the identity of the contact person. GaRAH.COM does not assume responsibility for or guarantee the information contained on the individual listings. Despite our efforts to provide complete and accurate information, errors may appear from time to time. Before leasing property or purchasing goods or services you've read about on GaRAH.COM, Users should independently inquire and confirm all information with the Advertiser, including without limitation, the rent tax, finance charges, title, license, regulatory, compliance fees, and other related charges associated with the rental.
Renting or Leasing Property
GaRAH.COM is a service that brings together renters and property Advertisers of vacation homes, rental homes, town homes and other real estate dwellings.
All real estate advertised on our Website is subject to the Federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination." State law may also forbid discrimination based on these factors and others. We will not knowingly accept any advertising for real estate which is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis. To complain of discrimination call the U.S. Department of Housing and Urban Development at 800-669-9777.
Information about a particular property is supplied by the Advertiser and not by GaRAH.COM. The rental and other terms of any lease remain subject to direct negotiation between the renter and the Advertiser. We cannot and do not verify the information Advertisers supply or guarantee the property they offer. We cannot and do not verify the information supplied by paid Advertisers on our Website. Nor can we or do we guarantee the Advertiser or the paid Advertiser that the payment he/she gets from the renter is valid.
GaRAH.COM is not and cannot be held responsible for any disputes that may arise between the Advertisers and renters. As a condition to using our Website, all Users of our Websites expressly release us from liability for such disputes, hold us harmless and indemnify us from same.
Advertisers who advertise on GaRAH.COM hereby agree to rent that property, or sell the advertise services, at the price and on the terms advertised. Each Advertiser of rental property must have possession of the actual property listed and the ability to rent or lease the property. To list a property for rent on GaRAH.COM, Advertisers are required to provide certain identifying and contact information. The information must accurately identify the Advertiser and the owner or management company of the property, and the method of contact must be accurate. Advertisers may not charge any potential renter for information about any property listed for rent on GaRAH.COM, nor may you use our website to promote, without our prior written permission, any other website, product or service.
GaRAH.COM reserves the right to deny use of this website to anyone who does not comply with these requirements or who otherwise uses our website in a manner we consider inappropriate.
Although GaRAH.COM cannot monitor all the listings posted to our website, we reserve the right (but assume no obligation) to perform random quality assurance tests, and to delete, move, or edit any listings or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. By using GaRAH.COM you agree not to post or transmit any defamatory, abusive, obscene, threatening, misleading, or illegal material, or any other material that infringes on the rights of others or interferes with the ability of others to enjoy GaRAH.COM. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this agreement. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to GaRAH.COM. However, we may occasionally release information concerning such communications when release is appropriate to comply with law (including disclosure in response to a request from a law enforcement agency), to enforce our Privacy Agreement, to enforce our Terms of Use Agreement or to protect the rights, property or safety of visitors to our site, our Advertisers, the public or GaRAH.COM.
By Advertising through GaRAH.COM, Advertiser agrees to pay the fees specified in the Advertising Agreement, regardless of whether the property is rented, or the service sold, as a result of the advertisement. Take care in inputting your advertisement, as fees are generally not refundable, even if you provide erroneous information or fail to rent your property.
Content and Links to Other Sites
We are a distributor of content on our Websites, not a publisher. Content is provided by Users and Advertisers. Any statements, advice, services, offers, opinions, or other information expressed or made available in any advertisements or postings are those of the respective authors of those advertisements and postings.
We make available a variety of links to other websites where you can obtain related products and services, including but not limited to legal, insurance, relocation services, warranties, financing and inspection services. We do not guarantee the prices, terms, quality, reliability or performance of the products or services provided by these vendors. GaRAH.COM is not responsible for the products or services these vendors provide.
You release GaRAH.COM and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your purchase or use of third-party Advertisers and third-party supplied products and services.
We are also not responsible for any of the content that appears on the linked websites, including, without limitation, promotional contests and sweepstakes offers. We do not co-sponsor, operate, endorse or guarantee any Advertiser sweepstakes or contest offer that may be promoted from time to time on our site, or that may be accessible through a link from our site, and you release GaRAH.COM and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your entry, participation or acceptance of any prize in any
such sweepstakes or contest offer.
Users and Authority
Our Websites and services are available for your personal, non-commercial use only. Users may not reproduce, duplicate, copy, modify, sell, resell, create derivative works, or otherwise exploit access to or use of the Website or our services.
Trademarks
GaRAH.COM and the GaRAH.COM logo, are trademarks of USA Rent-A-Home, Inc. The names of other products and services referred to on the site may be the trademarks of their respective Advertisers. You may not use any trademark or service mark appearing on GaRAH.COM without the prior written consent of the Advertiser of the mark.
You will not use GaRAH.COM to violate the copyright, trademark, or other intellectual property rights of any person or other entity. By submitting material to GaRAH.COM, you are representing that you are the Advertiser of the material, or are making your submission with the explicit consent of the Advertiser. By submitting material to GaRAH.COM you are permanently granting GaRAH.COM all rights to the material, including the right to modify the material, to use it commercially, and to maintain the material in an archive.
Disclaimer of Warranties
If you rely on this website or any information, product or service available through this website, you do so at your own risk. You understand that there may be delays, omissions, interruptions, inaccuracies, and/or other problems with the information, products, and services published on or promoted over this site. This website is provided to you "AS IS." GaRAH.COM and its affiliates, agents and licensors, cannot and do not warrant the accuracy, completeness, currentness, noninfringement, merchantability or fitness for a particular purpose of the information available through this website (or any information, goods or services that are referred to, advertised or promoted on, or sold through this website). Nor do we or they guarantee that the website will be error free, or continuously available, or that the website will be free of viruses or other harmful components. Users of our Websites hereby expressly acknowledge and agree:
ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES OR WEBSITE IS DONE AT YOUR OWN RISK AND DISCRETION. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.
WE DO NOT CONTROL, IN ANY RESPECT WHATSOEVER, ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES, AND WE MAKE NO RECOMMENDATION OR WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH OR AS A RESULT OF THE SERVICES OR WEBSITE.
NO ADVICE OR INFORMATION OF ANY KIND OR IN ANY FORM (WHETHER ORAL OR WRITTEN), OBTAINED BY YOU FROM US, OR THROUGH OR FROM THE SERVICES OR WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE WEBSITE AND/OR SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIES OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES. WE MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (iii) THE ACCURACY, RELIABILITY OR QUALITY OF ANY INFORMATION, PRODUCTS, SERVICES OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES OR WEBSITE WILL MEET YOUR EXPECTATIONS; (iv) DEFECTS IN THE SERVICES WILL BE CORRECTED; (v) OUR WEBSITES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED UNDER LAW, IN NO EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, GOODWILL, REVENUE, DATA OR ANY OTHER TYPE OF INTANGIBLE LOSSES (EVEN IF SAID PARTIES KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR IN ANY WAY RELATING TO THE FOLLOWING: (i) USAGE OR INABILITY TO USE THE WEBSITE OR SERVICES; (ii) PROCUREMENT COST OF SUBSTITUTE GOODS AND/OR SERVICES; (iii) UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSIONS OR POSTINGS; (iv) STATEMENTS OR CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES OR WEBSITE (INCLUDING BUT NOT LIMITED TO THREATS, DEFAMATION, OBSCENITIES, OFFENSIVE OR ILLEGAL CONDUCT, OR INFRINGEMENT OF ANOTHER PARTY'S RIGHTS); (v) YOUR FAILURE TO SAFEGUARD YOUR ACCESS TOOLS; (vi) ANY CONTENT YOU ACCESS THROUGH THE SERVICES OR WEBSITE, (INCLUDING BUT NOT LIMITED TO ERRORS, OMISSIONS, USE OR RELIANCE ON CONTENT EMAILED, POSTED OR OTHERWISE TRANSMITTED THROUGH THE WEBSITE OR SERVICES); (vii) TERMINATION OF USE OR ACCESS TO THE SITE; (viii) THE ERADICATION, DISCARD, OR DELETION OF ANY INFORMATION TRANSMITTED OR MAINTAINED BY OR THROUGH THE SERVICES OR WEBSITE; (ix) ANY INTERRUPTION OF SERVICE, WHETHER TEMPORARY OR PERMANENT, OR MODIFICATION OF THE TERMS; (x) USE OR RELIANCE UPON INFORMATION FROM OTHER WEBSITES ACCESSED THROUGH OUR WEBSITE; (xi) ANY OTHER MATTER ARISING OUT OF OR RELATED TO THE USE OF OUR WEBSITE. YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATED TO THIS WEBSITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE WEBSITE OUT OF WHICH SUCH LIABILITY ARISES. OUT OF WHICH SAID LIABILITY ALLEGEDLY ARISES
Some jurisdictions prohibit the exclusion of certain warranties or the limitation of liability. To the extent that this is so as a matter of law in a particular jurisdiction, the scope and duration of such warranty and the extent of our liability shall be the absolute minimum permitted under applicable law.
Responsibilities
To obtain access to certain GaRAH.COM services, you will be given an opportunity to register with GaRAH.COM. As part of the registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. We reserve the right to disallow use of user name that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing GaRAH.COM through any username/password assigned to you. You will notify GaRAH.COM's Customer Service Manager at contactus@GaRAH.COM of any known or suspected unauthorized use of your account.
Owners will be assigned individual passwords and a user identification number in order to access their listing (hereinafter referred to as "Access Tools"). Owners are responsible for maintaining the confidentiality of their Access Tools, and are solely responsible for all activities, listings, and information posted or occurring under their Access Tools. Owners agree to notify USARAH of any unauthorized use of their Access Tools or other breach of security. USARAH will not be liable for any loss or damage arising in or out of an Owner's failure to adequately safeguard his or her Access Tools, or otherwise to comply with this section.
In providing us with information at registration, Advertisers agree to provide true, current, accurate and complete information as prompted. Advertisers further agree to maintain and update such information so that all information provided at registration remains true, current, accurate and complete throughout the duration of the listing. If information provided to us is inaccurate, untrue, incomplete or is not current, or if we believe the information provided is inaccurate, untrue, incomplete or is not current, we may suspend or terminate such Advertiser's access to and use of our services, and may elect to refuse future or current services to that Advertiser.
Advertisers are responsible for obtaining and maintaining all telephone, computer hardware and other equipment and support systems necessary for the complete use and access to our services, and are solely responsible for all costs and charges related thereto. By using our services, an Advertiser warrants and represents that he/she is over 18 years of age or is otherwise of legal age to form a binding contract.
Enforceability and Severability
Our failure to exercise or enforce any term or provision contained herein shall not constitute a waiver of such term, provision, or of our rights thereunder
If any provision herein is determined to be invalid by a court of competent jurisdiction the remaining portions and provisions of the Terms shall remain in full force and effect.
You expressly acknowledge and agree that any claims arising out of the use or operation of the Services or Website must be filed within one (1) year after such claim or cause of action arose, or it shall be conclusively barred. Section titles and descriptive headings used in this Agreement are descriptive only and shall have no legal or contractual effect.
Miscellaneous
No spam, bulk or junk emailing is permitted. Advertisers, by advertising a property for rent on this site, expressly agree to use the email addresses of those who respond only for purposes of communicating with them about the potential rent of that property. By using this website, you agree not to use information concerning other users of GaRAH.COM, or the property they've listed or searched for on this website (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential lease of a listed property.
This Terms of Use Agreement has been made in, and will be construed in accordance with the laws of, the State of Georgia. By using this website, you consent to the exclusive jurisdiction and venue of the state and federal courts in Atlanta, Fulton County, Georgia in all disputes arising out of or relating to this Agreement or use of this website.
Please take a moment to review our privacy policy.
BY USING THIS SERVICE, YOU AGREE TO ABIDE BY THE TERMS OF THIS TERMS OF USE AGREEMENT.
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