Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.

BY USING THIS SITE, YOU AGREE TO THESE TERMS AND CONDITIONS.

Welcome to RentBillow.com (the “Site”), owned and operated by RentBillow, LLC, a limited liability company existing under the laws of Texas (“RentBillow”). Your (the “User”) use of all use of the Service via the website located at RentBillow.com and all content, services, and products available at or through the Website (referred to collectively as the “Services”) is governed by and subject to the terms of this “TERMS OF SERVICE & CONDITIONS OF USE” (hereinafter referred to as the “Terms of Use” “User Agreement” or this “Agreement”)

The terms “You” and “User” as used herein refer to all individuals and/or entities accessing this Site for any reason; and where applicable, the company or other entity with which the User is employed or otherwise affiliated (including its officers, directors, agents, managers, and employees), to the extent that the User is acting on its behalf. Furthermore, The User represents that her or she is 18 years old or older and, where applicable, authorized by his or her company or other entity to enter into this Agreement. If you are engaging in our Services on behalf of a company, you represent and warrant that you are accordingly authorized to represent the company and accept the terms and conditions of this Agreement on behalf of a company (in addition, the term “User” shall be interpreted to mean your company including all of its employees). If you are entering into this Agreement on your own behalf, or if you are not authorized to represent the company, you agree that you are personally obliged by the terms detailed in this Agreement and the term “User” refers to you.

THE USERS ACCEPTANCE OF THIS AGREEMENT

Electronic AgreementThis Agreement is an electronic contract that sets out the legally binding terms of your use of the Service via the website located at RentBillow.com and all content, services, and products available at or through the Website. By accessing this Site, becoming a Member, or by making a purchase or submitting an order, the User consents to have this Agreement provided to the User in electronic form.

THIS “AGREEMENT” REFERS, COLLECTIVELY, TO ALL THE TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED HEREIN AND ALL OTHER OPERATING RULES, POLICIES (including, without limitation, RentBillow‘s Privacy Policy–made available at [PRIVACY POLICY URL]–and all other related polices; the terms and conditions of each are hereby incorporated by reference into this Agreement) AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE WEBSITE BY RENTBILLOW, GOVERNS THE USE OF THIS SITE, ITS CONTENTS, ANY PRODUCTS OR SERVICES AVAILABLE ON OR CERTAIN SPECIFIC MATERIAL CONTAINED IN THIS SITE, AND SETS FORTH THE TERMS AND CONDITIONS THAT APPLY TO THE USE OF THIS SITE BY USER. ANY INCONSISTENCIES BETWEEN THE TERMS OF THIS AGREEMENT AND THOSE PROVISIONS CONTAINED IN ANY OTHER PRODUCTS OR SERVICES AGREEMENT(S) EXECUTED AND IN EFFECT BETWEEN THE PARTIES, THEN THE TERMS OF SUCH PRODUCTS OR SERVICES AGREEMENT(S) SHALL TAKE PRECEDENCE IN RELATION TO THIS AGREEMENT.

BY ACCESSING OR USING THIS SITE, RENTBILLOW.COM, (OTHER THAN TO READ THIS AGREEMENT FOR THE FIRST TIME), THE USER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW, AND BY USE OF THIS SITE THE USER AFFIRMATIVELY, EXPRESSLY, OR IMPLICITLY REPRESENTS AND WARRANTS TO RENTBILLOW THAT THE USER HAS CAREFULLY REVIEWED THIS AGREEMENT; AND THAT THE USER AGREES TO ABIDE BY AND TO BE LEGALLY BOUND BY ALL SUCH TERMS AND CONDITIONS; AND THE USER AGREES TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU, ‘THE USER’, DO NOT AGREE, PLEASE DO NOT USE THE SITE. USERS WHO VIOLATE THESE TERMS MAY HAVE THEIR ACCESS AND USE OF THE SITE SUSPENDED OR TERMINATED, AT RENTBILLOW’S DISCRETION.

ARTICLE 1. ACCEPTANCE OF TERMS & THE PROVISION OF SERVICE

1. ACCEPTANCE OF TERMS: PROVISION OF SERVICES.

The User hereby understands, acknowledges, accepts, consents and agrees as follows: (a) This Agreement, incorporates by reference all other terms and conditions applicable to the User’s use of the Site set forth in any services or product agreements, or other transfers or assignments that have been or shall be entered into by and between the User with RentBillow; (b) This Site and its contents are for User’s personal non-commercial use only; and (c) The User’s right to use the Site is personal to the User and is not transferable to any other person or entity.

2. ACCEPTANCE OF TERMS: DESCRIPTION OF SERVICES.

Through its Web property, RentBillow provides User with access to a variety of resources, including download areas, communication forums and product information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the Terms of Use.

3. ACCEPTANCE OF TERMS: ChangeS To the terms of this AGREEMENT or other policies.

RentBillow shall have the right at any time to change or modify the terms and conditions applicable to User’s use of this Site, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on this Site, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of this Site by User after such notice shall be deemed to constitute acceptance by the User of such changes, modifications or additions. The User is responsible for checking these terms periodically for any changes. The most current version of this Agreement can be reviewed by clicking on the “Terms ofUse” hypertext link located at the bottom of the web pages of the Site.

4. ACCEPTANCE OF TERMS: ChangeS To services.

RentBillow is entitled to at any time modify, improve, or discontinue any of its content, products, services and any aspect or feature of this Site, including, but not limited to, content, hours of availability, and equipment needed for access or use, at its sole discretion and without notice to the User. RentBillow is entitled to provide services to the User through subsidiaries or affiliated entities. RentBillow reserves the right to change, remove or discontinue (temporarily or permanently) the website, or any content, service, function, feature or other part of the website at any time or without notice; and the User confirms that RentBillow shall not be liable to the User for any such change, remove or discontinuance.

5. ACCEPTANCE OF TERMS: ADDITIONAL TERMS AND CONDITIONS FOR SOFTWARE; EULAS.

When the User registers for or purchase the Site’s services, the User may be required to agree to one or more End-User License Agreements (or “EULAs”) which may include additional terms. The User will be bound by any EULA that the User agrees to.

6. SECURITY NOTICE: USER REGISTRATION.

The User must register on this Site in order to use certain of the Site functions, such as our blogs. If the User just wants to browse this Site, registration is optional. During registration, the User will be required to provide contact information, consisting of an email address, username and password. The User can select any username as the User likes, except that the User’s username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or a term that is offensive in any way. The User may, but are not obligated to, use the User’s own name. If the User does use the User’s own name, the User consents to it being passed to others by use of certain of the functions of RentBillow and the Site such as our blogs. RentBillow reserves the right to reject or remove any username. For certain of our functions, such as the purchase of products and services, the User is required to provide the User’s name, address and billing and credit card information. The User are required to provide accurate and complete information.

7. SECURITY NOTICE: MEMBER ACCOUNT, PASSWORD, AND SECURITY.

If any of the services requires the User to open an account, the User must complete the registration process by providing RentBillowwith current, complete and accurate information as prompted by the applicable registration form. The User also will choose a ‘password’ and a ‘user name.’ Furthermore, the User acknowledges and agrees that: (a) The User is responsible for any and all activities that occur under the User’s account and for ensuring that all such use complies fully with the provisions of this Agreement; (b) The User is responsible for protecting the confidentiality of the User’s password and account information; (c) The User must notify RentBillow immediately of any unauthorized use of the User’s account or any other breach of security; (d) RentBillow is not liable for any loss that the User may incur as a result of someone else using the User’s password or account, either with or without the User’s knowledge, and may be held personally liable for any losses incurred by RentBillow; and (e) The User may not use anyone else’s account at any time, without the permission of the account holder.

8. SECURITY NOTICE: AGE OF USERS.

8.1 Children under the age of 13 may not use this Service and parents or legal guardians may not agree to these Terms of Use on their behalf. If we become aware that a child under 13 has provided or attempted to provide RentBillow with personal information, we will use our best efforts to remove the information permanently from our files. If the User is under the age of 18 but at least 13 years of age, the User may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

8.2 If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.

9. SECURITY NOTICE: UNAUTHORIZED ACCESS & ACTIVITY.

Unauthorized access and attempts to defeat or circumvent security features, to use the Site for other than intended purposes, to deny service to the Site’s Users, to access, obtain, alter, damage, or destroy information, or otherwise to interfere with the Site or its operation is prohibited and all violators are subject to criminal and civil penalties and will be prosecuted to the fullest extent of the law, including criminal and civil prosecution. All traffic is logged and monitored for potential abuse. Evidence of such acts will be disclosed to law enforcement authorities, and be used for the purposes of criminal and civil prosecution.

10. User Conduct: PROPER USE OF THIS SITE.

© Copyright Envision Corporation. 2002. All rights reserved. Protected by the copyright laws of the United States & Canada and by international treaties. IT IS ILLEGAL AND STRICTLY PROHIBITED TO DISTRIBUTE, PUBLISH, OFFER FOR SALE, LICENSE OR SUBLICENSE, GIVE OR DISCLOSE TO ANY OTHER PARTY, THIS PRODUCT IN HARD COPY OR DIGITAL FORM. ALL OFFENDERS WILL BE SUED IN A COURT OF LAW.

10.1 User shall use this Site for lawful purposes only. User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without RentBillow‘s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in RentBillow‘s discretion restricts or inhibits any other User from using or enjoying this Site will not be permitted. User shall not use this Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with RentBillow.

10.2 This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of this Site are copyrighted as a collective work under the US copyright laws. RentBillow owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only. 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 permission of RentBillow and 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. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

10.3 User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of this Site User automatically grants, or warrants that the owner of such material has expressly granted RentBillow the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User’s personal use. User hereby grants RentBillow the right to edit, copy, publish and distribute any material made available on this Site by User.

10.4 The foregoing provisions are for the benefit of RentBillow, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

11. THE PROVISION OF SERVICES AND RESTRICTIONS OF USE.

© Copyright Envision Corporation. 2002. All rights reserved. Protected by the copyright laws of the United States & Canada and by international treaties. IT IS ILLEGAL AND STRICTLY PROHIBITED TO DISTRIBUTE, PUBLISH, OFFER FOR SALE, LICENSE OR SUBLICENSE, GIVE OR DISCLOSE TO ANY OTHER PARTY, THIS PRODUCT IN HARD COPY OR DIGITAL FORM. ALL OFFENDERS WILL BE SUED IN A COURT OF LAW.

11.1 The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a “Communication Service” and collectively “Communication Services”). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not: (a) Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise); (b) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (c) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information; (d) Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same; (e) Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party; (f) Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; (g) Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages; (h) Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner; (i) Falsify or delete any copyright management information, such as 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; (j) Restrict or inhibit any other user from using and enjoying the Communication Services; (k) Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; (l) Harvest or otherwise collect information about others, including e-mail addresses; (m) Violate any applicable laws or regulations; (n) Create a false identity for the purpose of misleading others; or (o) Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

11.2RentBillow has no obligation to monitor the Communication Services. However, RentBillow reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. RentBillow reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. RentBillow reserves the right at all times to disclose any information as it deems 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 RentBillow‘s sole discretion.

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© Copyright Envision Corporation. 2002. All rights reserved. Protected by the copyright laws of the United States & Canada and by international treaties. IT IS ILLEGAL AND STRICTLY PROHIBITED TO DISTRIBUTE, PUBLISH, OFFER FOR SALE, LICENSE OR SUBLICENSE, GIVE OR DISCLOSE TO ANY OTHER PARTY, THIS PRODUCT IN HARD COPY OR DIGITAL FORM. ALL OFFENDERS WILL BE SUED IN A COURT OF LAW.

1.3 Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.

11.4 Always use caution when giving out any personally identifiable information in any Communication Services. RentBillow does not control or endorse the content, messages or information found in any Communication Services and, therefore, RentBillow specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized RentBillow spokespersons, and their views do not necessarily reflect those of RentBillow.

12. LINKS TO THIRD PARTY SITES AND ADVERTISERS.

RentBillow may include on its Site links to third party web sites. The User agrees that we are not responsible or liable for any content or other materials on third party sites. The User also agrees that we are not responsible for content or claims supplied by our advertisers. We are also not responsible for any transactions or dealings between the User and any third party or any advertiser. The User agrees that RentBillow is not responsible for any claim or loss due to a third party site or any advertiser.

ARTICLE 2. RULES, POLICIES & PROCEDURES FOR THE OWNER’S RENTAL LISTINGS; RENTAL TRANSACTIONS; COMMISSIONS, RETAINER FEES & OTHER FEES; BILLING, PAYMENTS & TAXES.

13. RENTBILLOW IS NOT A PARTY TO ANY RENTAL AGREEMENT.

13.1RentBillow does not itself offer any rental services. The site is an online marketplace only, designed for the unique purpose of connecting users that wish to list, rent or view rental listings. RentBillow is not a party to nor participates in or interviews in any transaction conducted between Users (i.e., the Renter and the Owner) of this Site. Therefore, RentBillow cannot thus be considered part of the Rental Agreement between members of the Site.

13.2RentBillow exercises no control over the quality, safety or legality of Items listed, or over the truthfulness or accuracy of the Rental Listings, or over the ability of Owners to rent the Items listed or over the ability of Renters to rent or pay for the rental of any Items. We do not guarantee that the Parties will complete any or all terms of the transaction.

13.3Any security deposits or guarantees required by the Owner in whatever form, remains the sole responsibility of the Renter and Owner. RentBillow is not responsible for the collection, retention, or refunding of any security deposit, for the control of the exact identity of the Owner and the Renter, or for collecting money owed by the Renter to the Owner or by the Owner to the Renter.

14. RENTBILLOW’S FEES AND COMMISSIONS.

14.1The User’s registration, access, and use of our Site, RentBillow.com, is completely FREE.

14.2 RentBillow reserves the right to change at any time its policies regarding Rental Listing fees, commissions and other services fees. These modifications will take effect once they are published online and will apply to all transactions upon their publication. In the case of a temporary policy modification, the period of validity for the modification will be clearly published on the website.

14.3 Unless posted otherwise, our fees are indicated in US Dollars (taxes not included).

14.4The User, Member, Renter and Owner all acknowledge and agree that when product is rented by the Users through the Site, RentBillow may receive compensation (e.g., commission), and the User, Member, Renter and Owner consent to RentBillow receiving all such payments.

15. TERMS FOR RENTAL AGREEMENTS.

15.1EachParty hereby represents and warrants that s/he is legally competent and has the capacity and authority to enter into such agreements.

15.2A User making an offer to lease a premise, or accepts such an lease offer, hereby represent and warrant that they have the legal authority make such offer and enter into such transaction.

16. RENTAL LISTING FEES; COMMISSIONS ON TRANSACTIONS.

16.1 Fees & Price Schedule. The following fees do not include applicable taxes.

(a)Rental Listing Fees. Once the Rental Listing is published on the Site, the listing fees are due and an invoice is sent to your Member Account. The invoices for listing fees correspond to the publication of your Rental Listing on the Site for a period of 3 months. These fees are due and an invoice is automatically sent for each 3 month period the Rental Listing remains published, until the Rental Listing is no longer published. When your Rental Listing is deleted before the end of the 3 month listing period, the current listing fee is still applied for the full 3 month period and future listing fees invoice renewals are automatically cancelled. If an invoice has not been paid within the required timeframe, your Rental Listing will be paused until the invoice has been paid.

(b)Commissions on Transactions.

Who Pays What?

Commission (before taxes)

Owner

10%

Renter

Credit Card Transaction Fee (2.9% + .30)

(c)Security Deposit. This will be arranged between owner/renter.

16.2The price of each Item listed on RentBillow.com is expressed in US Dollars (prices may include taxes and costs, excluding possible delivery fees and extra insurance costs).

16.3With the exception of promotions offered by RentBillow on the Site, fees are charged to the Users who post the Rentals, which may include our commission fee upon the confirmation of a Rental Agreement between the Users. A Rental Agreement is confirmed by the Owner’s acceptance of the Renter’s Reservation Request.

16.4RentBillow may modify its policies on listings and commission fees at anytime, and the respective fees for these services. Such modifications become effective immediately upon being published on the Site and shall apply to all new transactions thereafter. In the case of where such modification is to be temporarily in effect, the duration of the temporarily modification will be explicitly stated on the Site.

16.5Cancellations. Reservation Request and Rental Listing may be cancelled anytime by the Owner. The Renter may cancel a Reservation Request anytime before it’s accepted by the Owner, at no cost. If a Retainer Fee has been requested by the Owner, this amount will not be charged to them when such a cancellation occurs.

16.6Once a Reservation Request has been accepted by an Owner, the Renter might still have the option to cancel the rental and the corresponding Rental Agreement, depending on the terms of the Rental Agreement. However, if a Retainer Fee has already been charged, the Renter shall not be reimbursed.

16.7If a Rental Transaction is cancelled by the Owner after having been previously accepted, the Renter may contact RentBillow, in the case where the Renter suspects bad faith or other abuse; and can otherwise leave feedback about the Owner.

17. BILLING & PAYMENT.

17.1Payment Methods. Payments are made online at the Site. The methods of payment we accept are Credit card and PayPal. 

17.2Payment Due Dates. Payments of invoices issued by RentBillow are due within 30 calendar days of their issuance date. THIS IS FOR FUTURE INTEGRATION OF INVOICE SYSTEM. IT DOESN’T APPLY FOR CURRENT RENTALS.

17.3Payment Default & Late Fees. If a payment is not made by its due date (i.e., 30 calendar days after being issued) late fees will be applied to the Member Account. If the default invoices remain unpaid following the formal notice, the amounts due will accrue late fees interest at a yearly rate of 12%. A penalty fee of 15% of the total due will also be applied, which will be added to the fees for the formal notice, and any other costs related to the recovery of the due amounts. During these procedures for recovering unpaid invoice amounts, the debtor will be held responsible for all the fees, legal or non-legal, without prejudice of all demands and damages and interest and other actions, including contentious ones, necessary to safeguard the interests of RentBillow.com. In addition, the member explicitly accepts that RentBillow.com may partially or completely suspend his Account and Service(s) until payments due are recovered. RentBillow may proceed with the deactivation of Service(s) which will be billed at the current applicable rate. The Member will be able to use the Services once all payments owed have been paid. If the Member does not pay the amount owed before the end of the month following suspension of that Member’s Account, RentBillow may cancel the Member Account and any transactions between RentBillow and that Member without any further actions being taken. However the Member will still be liable for any amounts owed.

17.4Payment of Applicable Taxes. Members are solely liable for the payment of all the taxes, fees and commissions resulting from use of our Site and Services.

17.5Appeals & Invoice Disputes. All appeal claims must be submitted by creating a ticket at the Contact Us tab.

18. RENTAL LISTINGS AND RENTAL TRANSACTIONS RULES & REQUIREMENTS.

18.1Rental Listings Description & Information Requirements.Rental Listings must and only describe Items offered for rent. Rental Listings can only include text, documents and images that the Owner decides to upload, at their sole responsibility. All the Items listed for rent must be in the appropriate category and the Owner is solely responsible for choosing the category in which they will place the Rental Listing. All fees must be disclosed in Rental Agreement and in the Rental Listing. The Rental Agreement is not our responsibility, it is a document at the disposal of our member. Extra payments related to the rental of an Item, such as delivery, maintenance or other assistance as linked to a particular rental, must be clearly indicated in the description. Specific rental conditions which are not covered in the rental agreement or contract that may be available online, the security deposit conditions or the available days for rental information, must be mentioned somewhere in the product description.

18.2The Owner must either own the Item, or be lawfully authorized to rent the Item to be listed.

18.3The Owner shall not in any case publish any contact information within its Rental Listing. The physical address of the rental location, the Owner’s address, their fax or telephone number, an email address or a website address are all considered as contact information.

18.4The Owner cannot in any case change the price of a transaction, which he or she has already accepted. When accepting a Reservation Request, the Owner is committed to charge the price published in the Reservation Request.

18.5Exchange of Contact Information Prohibited.From the moment of the online publication of a Rental Listing for an Item, until the moment the Owner accepts the Reservation Request, the Owner and the potential Renter(s) cannot exchange (through the Site or elsewhere) their identity, their contact information, the address of the Owner, Renter or Rental Location, their fax or telephone numbers, email address, web address, or other personal contact information.

18.6Content of Rental Listings. RentBillow also has the right to monitor, edit, and partially or totally delete any content found in Rental Listings. RentBillow has no obligation to review or moderate the content of the publication.

18.7Rental Listings on Partner Websites. You agree that RentBillow may, in its sole discretion, publish all or part of your Rental Listings on third-party websites. You agree that RentBillow can use published Content for commercial means, and can sell or exchange (non-personal) with third parties.

18.8Member Guarantee Regarding Proprietary Rights. The Member guarantees that he or she owns or has the proper legal authorization to publish all the intellectual property submitted as the content of the Rental Listings, texts (Title, sub-title, description), and visual elements. The Member also guarantees that he or she possesses the image reproduction rights, right to image and to personality of the Items and persons depicted or otherwise described in the Rental Listing.

19. TAXES, LICENSES, AND CERTIFICATIONS.

19.1RentBillow does not pay any taxes on behalf of the Users or Members of the Site. Users and Members are solely liable for any taxes resulting from any Rental Agreement or use of our Services or Site.

19.2Whether you are a business entity or individual, or whether you are an Owner or a Renter, you agree that you are solely responsible to determine what taxes, if any, apply to you and to pay any such taxes. RentBillow recommends that you seek advice from a tax professional.

19.3Depending on the circumstances, such as the number of transactions you conduct, the subject matter of the transaction, licenses or certifications might be applicable to you. You agree that it is your sole responsibility to obtain any licenses or certifications that might be required to conduct a transaction or otherwise use the Services or Site. RentBillow is not responsible for determining whether or not you should be licensed and/or certified for the use of the Services or Site, or for conducting a transaction. RentBillow makes no representation or guarantee about licensing or certification of its Users or Members.

ARTICLE 3. DMCA COPYRIGHT POLICY (& OTHER PROPRIETARY NOTICES)

20. NOTIFICATIONS: COPYRIGHTS & OTHER PROPRIETARY INFORMATION.

Each and every item and component found on or available via download through this site, including but not limited to manuscripts, written materials, text, graphics, logos, software, databases, icons, images, audio and video clips, is the exclusive proprietary property of RentBillow and is protected under the International treaties and copyright laws of the United States. The software on the Site may be used as a resource while accessing this Site, and their Content, but may not be used for any other purpose whatsoever. Any other use is prohibited and will constitute an infringement upon the proprietary rights of RentBillow or its respective owner.

21. NOTIFICATIONS: TRADEMARKS,

The Site URL, RentBillow.com. and its logos are the trademark of RentBillow, and any use of the RentBillow trademark in connection with any product or service that do not belong to RentBillow, unless otherwise authorized in a written license agreement, will constitute an infringement upon the trademark rights of RentBillow and actionable under the U.S. Trademark Laws, International Trademark Laws, and the Trademark or equivalent laws of other countries. All other trademarks, brands, and names are the property of their respective owners. Except as expressly specified in these terms and legal restrictions, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or any proprietary rights of RentBillow or any third party. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

22. AUTHORIZED USES & RESTRICTIONS: COPYRIGHTS & OTHER PROPRIETARY RIGHTS.

22.1The User hereby acknowledges and agrees that: (a) The information, data, and any materials (the ‘Content’) available on the Site and affiliate websites (‘Affiliates’) are the copyrighted works and exclusive property of RentBillow and Affiliates, respectively; (b) The Content may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties; (c) The Content available on the Site and Affiliates may not be sold, reproduced, or distributed without the written permission of their respective owners; (d) Any unauthorized use of the Content may violate copyright, trademark and other laws; (e) Any third-party trademarks, service marks and logos are the property of their respective owners; and (f) Any further rights not specifically granted herein are reserved.

22.2AND IN ADDITION RentBillow hereby authorizes the User: (a) To view and make a single copy of portions of it’s Content for offline, personal, non-commercial use; and (b) To use such Content within the User’s organization covered by any current products or service agreements between the User or User’s organization and RentBillow.

22.3 AND FURTHERMORE, the User hereby acknowledges and agrees that: (a) The Content cannot be modified or revised any in any manner; (b) Authorized copies of the Content must retain all copyright and other proprietary notices contained in the original Content; (c) No other use of the Content is authorized; and (d) Any violation of the foregoing may result in civil and/or criminal liabilities.

23. DISCLAIMERS: HYPERLINKS AND EXTERNAL CONTENT.

The User acknowledges and agrees that: (a) This Site, the Content, contain links to other Internet sites that are owned and operated by third parties; (b) Such links are not endorsements of any products or services in such sites, and no information in such sites have been endorsed or approved by RentBillow; (c) RentBillow is not responsible for such products, services, and information; and (d) RentBillow makes no representations and are not responsible for the availability of, or content located on or through, these third party sites.

24. UNSOLICITED IDEA SUBMISSION POLICY.

RentBillow or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when products or marketing strategies of this Site might seem similar to ideas submitted. So, please do not send your unsolicited ideas to RentBillow. If, despite our request that you not send us your ideas and materials, you still send them, please understand that RentBillow makes no assurances that your ideas and materials will be treated as confidential or proprietary.

25. SUBMISSION OF COMMENTS & FEEDBACK: ASSIGNMENT OF RIGHTS.

The User acknowledges and agrees that: (a) All comments, feedback, information or materials submitted to this Site through or in association with this RentBillow shall be considered non-confidential and the property of RentBillow; (b) By submitting such comments, information, feedback, or materials to this Site or RentBillow, the User agree to a royalty free, irrevocable assignment to RentBillow of worldwide rights to use, copy, modify, publish, display and distribute the submissions worldwide; (c) This Site may use such comments, information or materials in any way it chooses in an unrestricted basis; and (d) The User confirms and warrants that the User has the required authority to grant the above license to RentBillow.

26. COPYRIGHT INFRINGEMENT: REPEAT INFRINGERS.

26.1 We respect the intellectual property rights of others, and we prohibit users from uploading, posting or otherwise transmitting on this web site or by use of any of our services any materials that violate another party’s intellectual property rights.

26.2 It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who may repeatedly infringe or violate the copyrights or other intellectual property rights of any party.

27. REPORTING COPYRIGHT INFRINGEMENT.

27.1 If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information: (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) A description of the copyrighted work or other intellectual property that you claim has been infringed; (c) A description of where the material that you claim is infringing is located on the web site, with enough detail that we may find it on the web site; (d) Your address, telephone number, and email address; (e) Your statement that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; (f) Your statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

27.2This Site’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached by email: contact@rentbillow.com

ARTICLE 4. WARRANTY DISCLAIMERS & LIABILITY LIMITATIONS

28. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY: OUR PROVISION OF SERVICE.

28.1DISCLAIMER OF WARRANTIES -THE USER EXPRESSLY AGREES THAT USE OF RENTBILLOW IS AT THE USER’S SOLE RISK. NEITHER RENTBILLOW NOR ANY OF ITS EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT RENTBILLOW WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF RENTBILLOW, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH RENTBILLOW.

28.2RentBillow.com 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 THE LAWS APPLICABLE TO THIS AGREEMENT.

28.3LIMITATION OF LIABILITYTHIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT RENTBILLOW 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 USER.

28.4THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE USER AND RENTBILLOW, AND/OR AFFILIATES. RENTBILLOW WOULD NOT PROVIDE THIS SITE AND INFORMATION WITHOUT SUCH LIMITATIONS. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE INFORMATION TO A PARTICULAR SITUATION.

28.5IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, RENTBILLOW, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN RENTBILLOW.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

28.6IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED THE LIABILITY OF RENTBILLOW IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

29. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY: THE CONTENT.

29.1RentBillow has attempted to provide accurate Content but assumes no responsibility for the accuracy and completeness of that information or materials. In furtherance of the intent to provide accurate Content, RentBillow may make changes to the Content at any time without notice. However, by the declaration of this intent RentBillow does not make any specific commitment to update the Content, and as a result may be out of date.

29.2DISCLAIMER OF WARRANTIESTHE USER UNDERSTANDS AND AGREES THAT THE USE BY THE USER OF RENTBILLOW IS ENTIRELY AT THE USER’S OWN RISK. SPECIFICALLY STATED, THE INFORMATION OBTAINED FROM OR THROUGH RENTBILLOW, THE CONTENT, AND AFFILIATES IS PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). TAKE NOTICE THAT THE INFORMATION MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS.

29.3LIMITATION OF LIABILITYTHE USER UNDERSTANDS AND AGREES THAT RENTBILLOW IS NOT LIABLE FOR ANY DAMAGES INCURRED BY THE USER OR BY ANY THIRD PARTY RESULTING FROM THE USE OF INACCURATE INFORMATION CONTAINING ERRORS, PROBLEMS OR OTHER LIMITATIONS; AND SUCH USE WAS BY THE USER OR BY SUCH THIRD PARTY OBTAINING ACCESS TO SAID USE THROUGH THE USER, WITH OR WITHOUT THE KNOWLEDGE OF OR THE CONSENT GIVEN BY THE USER AND WITH OR WITHOUT THE KNOWLEDGE OF OR THE AUTHORIZATION GIVEN BY RENTBILLOW, OR THE USE WAS BY ANOTHER USER, GIVEN AUTHORIZED ACCESS BY RENTBILLOW OR OBTAINED UNAUTHORIZED ACCESS WITH OR WITHOUT THE KNOWLEDGE OF THE USER OR RENTBILLOW; AND NEITHER THE USER NOR THE THIRD PARTY OBTAIN ANY RIGHTS, FOR ANY CLAIMS OR ANY REMEDIES, AND FOR ANY AMOUNT OR TO ANY EXTENT AGAINST RENTBILLOW.

29.4RENTBILLOW ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE). IRREGARDLESS WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

29.5THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE USER AND RENTBILLOW, AND/OR AFFILIATES. RENTBILLOW WOULD NOT PROVIDE THIS SITE AND INFORMATION WITHOUT SUCH LIMITATIONS. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE INFORMATION TO A PARTICULAR SITUATION.

29.6FURTHERMORE, IN NO EVENT SHALL RENTBILLOW, OR AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF RENTBILLOW, THE CONTENT, AFFILIATES, OR ANY LINKED THIRD-PARTY WEBSITE, OR THE MATERIALS, INFORMATION, OR SOFTWARE CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF USE, BY THE USER, OF RENTBILLOW, THE CONTENT, AFFILIATES, THE MATERIALS, INFORMATION, OR SOFTWARE ON ANY SUCH WEBSITES RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, THE USER ASSUMES ALL COSTS THEREOF. FURTHERMORE, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN RENTBILLOW, THE CONTENT, OR AFFILIATES ARE DISCLAIMED.

29.7IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED THE LIABILITY OF RENTBILLOW IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

30. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY: THE WEBSITE SOFTWARE.

30.1WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

30.2DISCLAIMER OF WARRANTIES –EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, RENTBILLOW HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

30.3IF THE SOFTWARE COMPANY MAKES AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. RENTBILLOW DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.

30.4LIMITATION OF LIABILITYIN NO EVENT SHALL RENTBILLOW AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE.

30.5 THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE USER AND RENTBILLOW, AND/OR AFFILIATES. RENTBILLOW WOULD NOT PROVIDE THIS SOFTWARE WITHOUT SUCH LIMITATIONS. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE INFORMATION TO A PARTICULAR SITUATION.

30.6N NO EVENT WILL RENTBILLOW, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING RENTBILLOW.COM OR THE RENTBILLOW SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE RENTBILLOW.COM. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.

30.7IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED THE LIABILITY OF RENTBILLOW IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

aRTICLE 5. GENERAL provisions

31. HEADINGS.

Headings are used for convenience of reference only and in no way define, limit, construe ordescribe the scope or extent of any section, or in any way affect this Agreement.

32. WAIVER.

The failure of any party to insist on or enforce strict performance of any provision of this Agreement or to exercise any right or remedy under this Agreement or applicable law will not be construed as a waiver or relinquishment to any extent of the right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will be and remain in full force and effect. Waiver by either party of a breach of any provision contained herein must be in writing, and no such waiver will be construed as a waiver of any other and/or succeeding breach of such provision or a waiver of the provision itself; otherwise, no resulting waiver, that are not made in writing, 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.

33. ELECTRONIC DELIVERY STATEMENT AND THE USER’S CONSENT.

The User agrees that we may provide to the User notices and other information concerning RentBillow or this Site electronically, including notice to any email address that the User may provide.

34. FORCE MAJEURE.

Neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the other party within a maximum of FIFTEEN (15) days from its occurrence. The performance of this Agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this Agreement.

35. TERMINATION OF USE.

RentBillow may, in its sole discretion, terminate or suspend the User’s access to all or part of the Site, for breach of the terms of this Agreement, or any conduct by the User which RentBillow, in its sole discretion, considers to be unacceptable. The terms of this Agreement will continue to apply in perpetuity until terminated by either the User or RentBillow without notice at any time for any reason. In the event this Agreement is terminated, the restrictions regarding the materials appearing on the Site, Affiliates, and any linked third-party website and the representations and warranties, indemnities, and limitation of liabilities set forth in this Agreement shall survive any such termination.

36. INTERNATIONAL USE.

We make no representation that content on this Site is appropriate or available for use in locations outside the United States. If the User chooses to access this Site from a location outside the United States, the User does so on the User’s own initiative and the User is responsible for compliance with local laws.

37. Indemnification.

User agrees to defend, indemnify and hold harmless RentBillow, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of RentBillow by User or User’s Account.

38. BINDING ARBITRATION.

The User agrees that any disputes or claims that the User may have against RentBillow will be (except as stated below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available that the AAA web site www.adr.org. The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. The User’s arbitration fees and the User’s share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, RentBillow will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, and will provide a statement of reasons if requested by a party. Except as otherwise provided in this Agreement, the User and RentBillow may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. THE USER UNDERSTANDS THAT ABSENT THIS PROVISION, THE USER WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE THE RIGHT TO A JURY TRIAL.

39. NON-EXCLUSIVITY.

Each party acknowledges and agrees that the rights granted to the other party in this Agreement are non-exclusive, and that, without limiting the generality of the foregoing, nothing in this Agreement shall be deemed or construed to prohibit either party from participating in similar business arrangements as those described herein.

40. CHANGES TO THE TERMS.

RentBillow reserves the right to modify these terms from time to time at its sole discretion and without any notice. Changes to these terms become effective on the date they are posted, and the User’s continued use of the Site after such changes will signify and imply that the User agreed to be bound by them.

41. CHOICE OF LAW, JURISDICTION, VENUE AND FORUM FOR RESOLVING DISPUTES.

41.1The User agrees that the laws of the State of Texas govern these Terms of Use, its subject matter, your use of the Site, and any claim or dispute that the User may have against RentBillow, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

41.2 The User further agrees that any disputes or claims that the User may have against RentBillow will be resolved by a court located in the State of Texas, and the User agrees and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. BY AGREEING TO THESE TERMS OF USE, THE USER is: (A) WAIVING CLAIMS THAT THE USER MIGHT OTHERWISE HAVE AGAINST RentBillow BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (B) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE STATE OF TEXAS OVER ANY DISPUTES OR CLAIMS THE USER HAS WITH US; AND (C) SUBMITTING ITSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

42. ENTIRE AGREEMENT: SEVERABILITY AND INTEGRATION

This Agreement and any supplemental terms, policies, rules and guidelines posted on this Site constitutes the entire agreement between the User and RentBillow and supersede all previous written or oral agreements. The User may be subject to additional terms and conditions when the User uses, purchases, or accesses other services, Affiliate services or third-party content or material. If any provision of this Agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this Agreement and the remaining provisions of this Agreement shall remain in force. This contains the entire Agreement between the User and RentBillow concerning the use by the User of the Site, the Content, and Affiliates.

Any rights not expressly granted herein are reserved.

Copyright © 2014 RentBillow, LLC. All Rights Reserved.

 Pricing changes made on June 13th. 2016.