In this Service Agreement ("Agreement"), the "Company" means VacancyNet.com authorized to provide you with the Services and "you" or "your" means the individual or entity using or paying for the Services.

ENROLLING IN, USING, CONTINUING TO USE, OR PAYING FOR THE COMPANY'S SERVICES CONSTITUTES YOUR ACCEPTANCE OF THE RATES, PRICES, CHARGES, TERMS, AND CONDITIONS OF THIS AGREEMENT.IF YOU DO NOT AGREE TO THE PRICES, CHARGES, TERMS, AND CONDITIONS PLEASE DO NOT ENROLL.

Copyright, Licenses

The entire contents of the Service are copyrighted under the United States copyright laws. The owner of the copyright is VacancyNet.com You may print and download portions of material from the different areas of the Service solely for your own non-commercial use. You may make: (a) one machine readable copy, (b) one backup copy, and (c) one print copy of any portions of material downloaded from the different areas of the Service solely for your non-commercial use. Any other copying, redistribution, retransmission or publication of any downloaded material, is strictly prohibited without the express written consent of VacancyNet.com or any third party information provider to the Service. You agree not to change or delete any proprietary notices from materials downloaded from the Service.

You agree to grant to VacancyNet.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to public areas of the Service (such as bulletin boards, forums and newsgroups) by all means and in any media now known or hereafter developed. You also grant to VacancyNet.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against VacancyNet.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.

License to VacancyNet.com

When you post a message, upload a file, or otherwise provide us with material for display on the website, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner of the material. In addition, when you post a message, upload a file, or otherwise provide us with material for display on the website, you are granting VacancyNet.com a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:

1. Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication.

2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

Username and Passwords

To use certain features of the Service, you will need a username and password, which you will provide during the registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security. VacancyNet.com cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Interactive Features

The Service may include a variety of features, such as bulletin boards, chat rooms, and email services which allow feedback to VacancyNet.com and real-time interaction between users. Responsibility for what is posted on bulletin boards, chat rooms and other public posting areas on the Service lies with each user – you alone are responsible for the material you post. VacancyNet.com does not control the messages, information or files delivered to bulletin boards. It is a condition of your use of the Service that you do not:

• Restrict or inhibit any other user from using and enjoying the Service.
• Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
• Post or transmit any information, software or other material that violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
• Post or transmit any information, software or other material that contains a virus or other harmful component.
• Post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
• Use the Service to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without the express written approval of VacancyNet.com
• Gather for the purpose of spamming e-mail addresses that have been posted by other users of the Service.
• You understand that VacancyNet.com has no obligation to monitor any bulletin boards, chat rooms, or other areas of the Service through which users can supply information or material. However, VacancyNet.com reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in VacancyNet.com’s sole discretion are objectionable or in violation of these Terms of Service.

Real Estate Advertisements; Equal Housing Opportunity

All real estate advertised herein 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.

Other Provisions

To use certain features of the VacancyNet.com Services, you must purchase a membership on the form provided. You agree to provide true, accurate an current information about yourself on the form provided , and to maintain and promptly update the information you provide to keep it true, accurate, current and complete. If VacancyNet.com has reasonable grounds to suspect 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 the Service (or any portion thereof). Our use of any personally identifying information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Severability

If any terms or provisions of this Agreement are held or found to be invalid, void or unenforceable, the remaining terms and provisions of this Agreement shall not be affected thereby and shall remain valid and enforceable to the fullest extent permitted by law.

Disclaimer

You assume total responsibility and risk for your use of this service and the Internet. VacancyNet.com does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise, information or service provided through the service or on the Internet generally, and VacancyNet.com shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. Because certain areas, cities, and or regions may not get as many listings as others or as frequently as others, VacancyNet.com cannot guarantee listings availability and or timeframe. It is your responsibility to make certain that we do have current listings in your area prior to joining. The listings you see in the results page for each city are the same listings available after joining. There are no hidden results that would only appear after sign-up. In the event that you have not found any listings in your area your only remedy is for VacancyNet.com to extend your subscription an additional 45 days free of charge from the end of your initial subscription.

It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all rental listings, opinions, advice, services, merchandise and other information provided through the service or on the Internet generally. VacancyNet.com does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected. The service and the software are provided on an "as is, as available" basis.

VacancyNet.com is not a placement or referral service, it is simply a rental listing aggregation site and does not guarantee rental listing availability, quality and accuracy, neither does it guarantee listings of your choosing. In some cases VacancyNet.com receives rental listings from third parties which may in turn charge a fee to view the listing details. These third parties and other down-link sites are separate from VacancyNet.com, as such we cannot control their listing quality or whether or not they charge for the listings. VacancyNet does not serve the state of Colorado.

Service Guarantee

If a customer does not find what they are looking for in the first term of the subscription, VacancyNet.com will, at it's discretion extend the term free of charge. Refunds are only considered after the end of the second term, which is typically after 90 days from the date of subscription. We are committed to making sure you find what you are looking for, you can feel free to contact our customer service personnel to provide specifics of your rental search. While we cannot guarantee success in every search, we will certainly go to great length to make sure you are satisfied.

Termination

VacancyNet.com may cancel or terminate your right to use the VacancyNet.com Service or any part of the VacancyNet.comService at any time without notice, subject to our refund policy as stated above. In the event of termination, you are no longer authorized to access the part of the VacancyNet.com Service affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Service, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

Trial Accounts

Available during the trial promotional period only. If you decide to keep the membership beyond the 5 Day Free Trial Period, the one-time membership fee of $49 will apply.

I understand that the standard Membership fee for the VacancyNet.com service is $49 and that the Free Trial Period is for 5 days only. I also understand that after the expiration of the 5 Day Free Trial Period, I may continue to access the service for a one-time charge of $49 which will be automatically billed to the credit card provided at signup. I also agree that my credit card statement will show PropertyThree or LandlordPortal.com as the merchant.

Cancellation of the Free Trial account requires customer to click on the "Cancel Trial" link on the support page upon login. This is the only valid and acceptable proof of cancellation to avoid charges. The trial cannot be cancelled after the trial period. While new trial accounts are able to login immediately the full trial record is only updated after 4 to 6 hours and you can cancel your trial therefater.

Classified Advertising

When you submit a listing or classified ad for publication on VacancyNet.com webs, including VacancyNet.com, you agree that the advertisement as it appears becomes the property of VacancyNet.com and you assign all ownership interest in the advertisement as it appears under copyright law or otherwise to VacancyNet.com. Submission of an advertisement does not constitute a commitment to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. VacancyNet.com reserves the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in its sole discretion. Rates and specifications are subject to change.

Indemnification

You agree to indemnify, defend and hold harmless VacancyNet.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your Service account.

Limitation of Obligation & Liability

VacancyNet.com will utilize its best efforts to maintain acceptable performance of services contracted for, but VacancyNet.com makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. VacancyNet.com cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. VacancyNet.com will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on its system. VacancyNet.com shall not be liable to Users including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries, or service interruptions whether or not caused by the fault or negligence of VacancyNet.com.

VacancyNet.com's liability to User, and any end user of any Plan or other VacancyNet.com services is limited to the amount paid to and received by VacancyNet.com for services not accepted. In no event shall VacancyNet.com be liable to User, or any end user or any other entity for any special, consequential, or other damages, however caused, whether for breach of contract, negligence or otherwise, even if VacancyNet.com has been advised of the possibility of such damage.

Right to Change Terms of Agreement

VacancyNet.com reserves the right to change the Terms of this agreement at any time and from time to time with or without notice. Any changes to these Terms of Use will be effective immediately upon posting of the changed Terms of Use on the VacancyNet.com web site. You are responsible for reviewing these Terms of Use periodically, and your use of the service and this web site following any change in the Terms of Use constitutes your agreement to follow and be bound by the revised Service Agreement.

No Third Party Rights

This Agreement does not provide any third party with a remedy, claim, or right of reimbursement.

Entire Agreement

This Agreement constitutes the entire agreement between you and the Company and supercedes all prior agreements, understandings, representations, statements or proposals, whether written or oral.

Governing Law

This Agreement shall be governed by and construed under the laws of the State of Indiana and applicable federal laws without regard to choice of law principals.

No Waiver

Based on the circumstances presented, the Company, at its sole discretion, may waive certain of the requirements stated herein from time to time. Such waiver will be strictly limited to that set of specific circumstances and will not act as a waiver of any provisions of this Agreement or eliminate your obligation to continue to comply with this Agreement.

Summary

This agreement constitutes the entire agreement between VacancyNet.com and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Service. In the event of any conflict between any such third party terms and conditions and these Terms of Service, these Terms of Service shall govern. This agreement shall be governed by and construed in accordance with the laws of the State of Indiana without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions

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