TREEHOUSEFORRENT.Com TERMS OF USE:
1. BINDING AGREEMENT; ACCEPTANCE OF TERMS
This is a binding agreement. TREEHOUSEFORRENT.Com, the website, provides a collection of online resources, including both free ads and access, a blog link, and some email services for both commercial and non-commercial purposes subject to the following Terms of Use. By using the Site in any way, you are agreeing to abide by these terms of use. Furthermore, when using particular TREEHOUSEFORRENT.Com services, you agree to abide by any applicable posted guidelines for all such services, which might change from time to time. If you should object to any term or condition of these terms of service, any guidelines, or any subsequent changes thereto, or become unhappy with TREEHOUSEFORRENT.Com in any way, your only remedy is to immediately discontinue your use of TREEHOUSEFORRENT.Com
By using this site you certify that you are 18 years of age or older, you agree that any information that you provide to us (or others through this site) is true, accurate, current and complete information, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we believe that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our services.
TREEHOUSEFORRENT.Com has the right, but is not obligated, to strictly enforce the terms of service through investigation, self-help, legal recourse and prosecution. Notwithstanding the foregoing, no waiver, failure or omission of TREEHOUSEFORRENT.Coms' right to enforce these Terms of Service, shall be deemed or construed as a continuing waiver, nor shall such waiver, falure or omission be relied upon as the basis for any claim of estoppel, laches, or for any other purpose.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the terms of service at:
3. CONTENT
TREEHOUSEFORRENT.COM contains content created and posted by its users. You acknowledge that all ad postings containing photos, images, video, files, messages, or other materials ("Content") appearing on, transmitted through, or linked from TREEHOUSEFORRENT.Com, are the sole responsibility of the individual from whom such Content originated. You are completely responsible for each individual ad or item ("Item") of Content that you post or otherwise make available via TREEHOUSEFORRENT.Com. You acknowledge that TREEHOUSEFORRENT.Com does not control, and is not responsible for Content made available through its Service, and that by using TREEHOUSEFORRENT.Com, you could encounter Content that is not accurate or misleading. In addition, the TREEHOUSEFORRENT.Com website and Content available through our service may contain links to other websites, which are completely independent of TREEHOUSEFORRENT.Com. TREEHOUSEFORRENT.Com makes no representation or warranty as to the accuracy, completeness or authenticity of the data or information contained in such sites. Your linking to any other websites is at your own risk. You acknowledge that you must evaluate, and bear all risks associated with the use of any such sites. TREEHOUSEFORRENT.Com will not be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content advertised, posted, or otherwise made available via our service.
You grant TREEHOUSEFORRENT.COM a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting TREEHOUSEFORRENT.COM, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of TREEHOUSEFORRENT.COM, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. TREEHOUSEFORRENT.COM will not publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
You acknowledge that TREEHOUSEFORRENT.Com does not pre-screen or approve Content, but that TREEHOUSEFORRENT.Com shall have the right (but not the obligation) at its sole discretion to refuse, delete or move any Content that is available via our service for violating the letter or spirit of the terms of service or for any other reason.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS.
When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID or login information. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The TREEHOUSEFORRENT.Com site and Content available through our service may contain links and ad links that can provide you with access to other content which is completely independent of TREEHOUSEFORRENT.Com. These may include other web sites, information, other databases, products, services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through Our service, including payment and delivery of other services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.
You agree that TREEHOUSEFORRENT.Com will not be responsible or liable for any loss or damage of any sort suffered as the result of any such transactions. If there is a disagreement between participants on this site, or between users and any third party, you understand and agree that TREEHOUSEFORRENT.Com is under no obligation to become involved.
Your dealings withother users of, and advertisers on the Site are solely between you and such third parties. You agree that we shall not be responsible or liable for any loss or damage incurred as the result of any such dealings. TREEHOUSEFORRENT is not, and shall not become an arbiter of any dispute. In the event that you have a disagreement with one or more other users, you hereby release, acquit absolve and hold TREEHOUSEFORRENT.Com, its officers, employees, and successors harmless from and against all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. You hereby waive the provisions of California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
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 notify a TREEHOUSEFORRENT agent for notice of claims of copyright or other intellectual property infringement at:
or:
Copyright Agent TREEHOUSEFORRENT
PO Box 472
Exeter, CA
93221
Please provide our Agent with the following Notice:
a) Identify the material on the TREEHOUSEFORRENT.Com site that you claim is infringing, with enough detail so that we may locate it on the website;
b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and does not constitute a fair-use within the meaning of that term as defined in the United States Copyright Act;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
Upon receipt of all of the above information, TREEHOUSEFORRENT.Com will take action in compliance with the procedures outlined in the Digital Millenium Copyright Act (DMCA)
6. PRIVACY AND INFORMATION DISCLOSURE
TREEHOUSEFORRENT.Com has created a Privacy Policy to explain to users how their information is collected and used. This information can be found at the privacy policies link. Your use of the TREEHOUSEFORRENT.Com website or our services signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that TREEHOUSEFORRENT.Com may, at its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, and other user information, if required to do so by law or in the belief that such preservation or disclosure is reasonably required to: comply with legal process; enforce the terms of service, respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of TREEHOUSEFORRENT.Com, its users or the general public.
7. CONDUCT
You agree not to post, email, or otherwise make available content:
a) that is unlawful, inaccurate or invasive of anothers privacy.
b) that is libelous, defamatory, obscene, pornographic, abusive, or threatening;
c) that advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation.
d) that violates the Fair Housing Act by stating, in any ad(s) for the rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
e) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
f) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
g) that constitutes or contains "junk mail," or "spam."
h) that is emailed to TREEHOUSEFORRENT.Com users who have not indicated in writing that it is OK to contact them about other services, products or commercial interests.
i) that contains 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;
j) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to our service or that otherwise negatively affects other users' ability to use the our service; or
k) that employs misleading or nonexistent email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through our service.
Additionally, you agree not to:
l) contact anyone who has asked not to be contacted.
m) collect personal data about other users for unlawful purposes;
n) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by TREEHOUSEFORRENT.Com
o) attempt to engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of our service or the TREEHOUSEFORRENT.Com website.
TREEHOUSEFORRENT.COM intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
8. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to TREEHOUSEFORRENT.Com email addresses or through TREEHOUSEFORRENT.Com computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of TREEHOUSEFORRENT.Coms' computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.
9. LIMITATIONS ON SERVICE
You acknowledge that TREEHOUSEFORRENT.Com may establish limits concerning use of our service including the maximum number of days that Content will be retained by our service, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by our service. You agree that TREEHOUSEFORENT.Com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by our service. You further acknowledge that:
TREEHOUSEFORRENT.Com reserves the right at any time to modify or discontinue our service (or any part thereof) with or without notice, and that TREEHOUSEFORRENT.Com shall not be liable to you or to any third party for any modification, suspension or discontinuance of our service.
10. ACCESS TO THE SERVICE
TREEHOUSEFORRENT.Com grants you a limited, revocable, nonexclusive license to access our service for your personal, private use. Additionally, our service is available to general purpose Internet search engines and for both commercial and non-commercial public archives that use such tools to gather information for the purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any of the information or services from our site, including any user-submitted content.
Use of our service beyond the scope of authorized access granted to you by TREEHOUSEFORRENT.Com immediately terminates said permission or license. In order to collect, copy, duplicate, display or make derivative use of our service or any Content made available via our service for other purposes not stated herein, you must first obtain a approval from TREEHOUSEFORRENT.Com
11. TERMINATION OF SERVICE
You agree that TREEHOUSEFORRENT.Com, at its sole discretion, has the right (but not the obligation) to delete or deactivate your account, or otherwise terminate your access to or use of our service (or any part thereof), immediately and without notice, and remove and discard any of your Content within our service, for any reason and without limitations if TREEHOUSEFORRENT.Com believes that you have acted inconsistently with the letter or spirit of the terms of service. Further, you agree that TREEHOUSEFORRENT.Com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use our service after said termination. Sections 2-4, 6 and 10-16 shall survive termination of the terms of service.
12. PROPRIETARY RIGHTS
This site, is ©, 2008 – present TREEHOUSEFORRENT.Com. Our service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through our service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of TREEHOUSEFORRENT.Com
Although TREEHOUSEFORRENT does not claim ownership of content that its users post, by posting Content to any public area of our service, you automatically grant, and you represent and warrant that you have the right to grant, to TREEHOUSEFORRENT an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content.
13. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE TREEHOUSEFORRENT SITE AND OUR SERVICE IS ENTIRELY AT YOUR OWN RISK. THE TREEHOUSEFORRENT.Com SITE AND OUR SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, TREEHOUSEFORRENT.Com DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE TREEHOUSEFORRENT SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, TREEHOUSEFORRENT.Com DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE TREEHOUSEFORRENT SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE TREEHOUSEFORRENT SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, TREEHOUSEFORRENT DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE TREEHOUSEFORRENT.Com SITE OR OUR SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
14. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL TREEHOUSEFORRENT.Com BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF TREEHOUSEFORRENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE TREEHOUSEFORRENT SITE OR OUR SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE TREEHOUSEFORRENT.Com SITE OR OUR SERVICE, FROM THE INABILITY TO USE THE TREEHOUSEFORRENT SITE OR OUR SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE TREEHOUSEFORRENT.Com SITE OR OUR SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE TREEHOUSEFORRENT SITE OR OUR SERVICE OR ANY LINKS ON THE TREEHOUSEFORRENT.Com SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE TREEHOUSEFORRENT.Com SITE OR OUR SERVICE OR ANY LINKS ON THE TREEHOUSEFORRENT.Com SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
15. INDEMNITY
You agree to indemnify and hold TREEHOUSEFORRENT.Com, its officers, successors, directors, officers, agents, service providers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through our service, your use of our Service, your violation of the terms of service, your breach of any of the representations and warranties herein, or your violation of any rights of another.
16. GENERAL INFORMATION
The terms of service constitute the entire agreement between you and TREEHOUSEFORRENT.Com and govern your use of our Service, superseding any prior agreements between you and TREEHOUSEFORRENT. The terms of service and the relationship between you and TREEHOUSEFORRENT.Com shall be governed by the laws of the State of California without regard to its conflict of law provisions.
GOVERNING LAW; JURISDICTION; VENUE
You and TREEHOUSEFORRENT.Com agree to submit to the personal and exclusive jurisdiction of the courts located within or serving the county of Tulare, California. The failure of TREEHOUSEFORRENT.Com to exercise or enforce any right or provision of the terms of service shall not constitute a waiver of such right or provision. If any provision of the terms of service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to reform the same to give effect to the parties' intentions as reflected in the provision, and the other provisions of the terms of service remain in full force and effect. You agree that notwithstanding of any statute, law, or principle of equity to the contrary, any claim or cause of action arising out of or related to use of our Service or the terms of service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
17. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the terms of service, by emailing to:
info@TREEHOUSEFORRENT.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for TREEHOUSEFORRENT.Com to pursue legal action to enforce these Terms, you will be liable to pay TREEHOUSEFORRENT.Com the following amounts as liquidated damages, which you accept as reasonable estimates of TREEHOUSEFORRENT.Coms' damages for the specified breaches of these Terms:
a. If you send unsolicited email advertisements to TREEHOUSEFORRENT.Com email addresses or through TREEHOUSEFORRENTS' computer systems, you agree to pay TREEHOUSEFORRENT.Com twenty five dollars ($24) for each addressee of such email.
b. If you post content in violation of the terms of service, other than as described above, you agree to pay TREEHOUSEFORRENT.Com one hundred and one dollars ($101) for each Item of Content posted. In its sole discretion, TREEHOUSEFORRENT.Com may elect to issue a warning before assessing damages.
Otherwise, you agree to pay TREEHOUSEFORRENT.Com actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, TREEHOUSEFORRENT.Com retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
The foregoing remedies and provisions apply only to TREEHOUSEFORRENT.Com, and are exclusive of any damages or other remedies available to third parties arising from your violations of these Terms of Use.
