2. Website Information and Remedies. RentClick.ca is a technology platform owned and operated by RentClick Inc. The rental advertisements and related services posted on RentClick.ca are procured and provided by RentClick Inc. and/or its subsidiaries and affiliates. In the case of any violation of our Agreement, RentClick, Inc. and its subsidiaries (collectively, "RentClick.ca" or "we," "our" or "us") reserve the right to seek all remedies available by law and in equity for such violations, including termination of your use of this Website.
4. Content Requirements. To assure the value of RentClick.ca services, you agree that all of the information you have provided to RentClick.ca, whether online or otherwise, is accurate and complete. Lessors shall be responsible for preparing and submitting the Property advertisements, and shall be solely liable for assuring that such advertisements are accurate, and comply with all applicable laws. In addition, Lessors shall not:
- Ask a Renter to wire funds, due to security reasons.
- Use objectionable, offensive or discriminatory language in their Property advertisements
5. Your License to Us. When you give us or otherwise authorize us to use content, you grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyright, publicity and database rights related to the content, in any media known now or in the future, and you represent that you have sufficient rights in the content to make this grant.
6. Our License to You. RentClick.ca hereby authorizes you to view, copy, download and print the information and data ("Materials") available on this Website, provided that: (1) if you are a Renter, the Materials are used solely for personal, noncommercial purposes and if you are a Lessor, the Materials are used only for the purposes of using the services expressly offered by RentClick.ca; (2) the Materials are not modified, republished, or redistributed; and (3) all copyright, trademark, service mark and other proprietary notices are reproduced as they appear in any such Materials. Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark or copyright of RentClick.ca.
7. No Unauthorized Duplication. Except as otherwise stated herein, none of the content on the Website may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of RentClick.ca.
8. Trademarks. The term "RentClick.ca" and any other trademarks, trade names, logos and service marks, including RentClick.ca (collectively, the "Marks") displayed on this Website are the property of RentClick.ca or other third parties. You are not permitted to copy or otherwise use these Marks without the prior written consent of RentClick.ca or such other owner.
9. Access and Interference. This Website may contain robot exclusion headers. Much of the information on the Website is proprietary or is licensed to RentClick.ca by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from the Website without the prior expressed written permission of RentClick.ca and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
11. No Unlawful or Prohibited Use. As a condition of your use of this Website, you will comply with all applicable laws, statutes, legislation and regulations regarding your use of our service and any related activities, including the landlord/tenant laws and regulations that are applicable in your province. In addition, you warrant that you will not use this Website in any way prohibited by these terms, conditions and notices. In addition, you will not:
- use the Website if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Website;
- use the Website to advertise the Property owned by another person unless you are the duly authorized property manager, representative, or agent of the Property owner, and can bind such Property owner, and your representation of such person complies with all applicable laws;
- circumvent or manipulate our fee structure, the billing process, or fees owed to RentClick.ca;
- distribute or post spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm RentClick.ca or the interests or property of RentClick.ca users;
- copy, modify, republish or distribute content from the Website or RentClick.ca's copyrights and trademarks;
- impersonate another person or otherwise misrepresent your affiliation with another person or entity, conduct fraud, hide or attempt to hide your identity;
- provide inaccurate contact information or other information relative to your move or property;
- harvest or otherwise collect information about users, including email addresses, without their consent;
- offer RentClick.ca renters concessions less favorable than those offered to non-RentClick.ca renters;
- transmit to RentClick.ca or any user any information or materials of any kind which (i) violate, plagiarize or infringe on the intellectual property or contractual rights of any third party; or (ii) are libelous, defamatory, obscene, pornographic, abusive; or (iii) contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
12. Reporting Intellectual Property Infringement. RentClick.ca respects the intellectual property of others. If you believe that your rights have been infringed by content appearing on our Website, please notify us on the Contact Us page. We reserve the right to remove content or an entire property advertisement for any reason.
13. Links to Third-Party Websites. The Website may contain links to websites operated by parties other than RentClick.ca. Such hyperlinks are provided for reference only. RentClick.ca does not control such websites and is not responsible for their contents. RentClick.ca's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. If you decide to access any of the third party sites linked to this website, you do so at your own risk.
14. General Disclaimer. Although RentClick.ca has attempted to provide accurate information on the Website, RentClick.ca assumes no responsibility for the accuracy of the information. RentClick.ca makes no representations about the suitability of the data or graphics published on this site. The listing information is deemed reliable, but not guaranteed. Everything on this site is provided "as is" without warranty of any kind including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. Neither RentClick.ca nor any of its suppliers shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to or use of this Website.
15. Limitation on Liability. Neither RentClick.ca, its parent, affiliates, or subsidiaries, or any of their respective directors, employees, agents, vendors or suppliers will be liable for any direct, indirect, special, punitive, consequential or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use the Website or any RentClick.ca advertisement, or damages from the use of or reliance on the information present on this Website, even if RentClick.ca has been advised of the possibility of such damages.
16. Modification of the Website. RentClick.ca (and/or its suppliers) reserves the right in its sole discretion to improve, modify or remove any information or content appearing on the Website. RentClick.ca may discontinue or revise any or all aspects of the Website in its sole discretion and without prior notice. Without limiting the foregoing, RentClick.ca reserves the right to change the terms, conditions, and notices under which this Website is offered at any time. Unless otherwise provided in our agreement, all amended terms automatically take effect upon acceptance for new users, or 30 days after they are posted on the website for all other users. It is your responsibility to check terms and conditions of this Agreement at the time of each use.
18. Release. Because RentClick.ca is an advertising venue, in the event that you have a dispute with one or more users, you release RentClick.ca, its parent and affiliates (and its respective officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.
19. Nature of RentClick.ca Services. RentClick.ca operates a platform for Lessors desiring to advertise residential rental properties with available units, and the advertisements on the Website are based on information provided by the Lessors. Accordingly, RentClick.ca is not responsible in any way for the content in any such advertisements, nor is RentClick.ca responsible for any actual lease transaction between a potential Renter and a Lessor. Users should exercise good judgment in executing lease transactions so as to protect themselves against fraudulent activities. RentClick.ca does not render legal, brokerage, or other professional advice to either its Renter or Lessor customers.
20. Services Not Provided. Without limiting the generality of the foregoing, you acknowledge and agree as follows:
- RentClick.ca does not participate in any actual lease transactions, including, without limitation, negotiations, discussions, or proposals, and you expressly waive any requirement that purports to impose on RentClick.ca an obligation to perform any services other than those expressly undertaken by RentClick.ca;
- RentClick.ca does not render legal, brokerage, or other professional advice;
- RentClick.ca is not undertaking any, and has no, duties to either Renters or Lessors, including, without limitation, the obligation to inspect rental properties, to verify the authenticity of information contained in an advertisement, or to interview or otherwise screen Renters;
- RentClick.ca is not responsible for the content of, nor does it endorse, the third-party websites to which you may link using this Website;
- RentClick.ca does not guarantee the accuracy of any information available on this Website, and is not responsible for any errors, omissions, or misrepresentations, whether made by Lessors, Renters or otherwise and all information obtained on this Website must be verified independently;
- RentClick.ca may make changes to its products and/or services and this Website at any time and without notifying you or receiving your consent; and
- While RentClick.ca complies with applicable provincial and federal laws, RentClick.ca cannot guarantee that its users so comply. Accordingly, RentClick.ca assumes no liability for Renters' and/or Lessors' failures to comply with such laws.
21. Indemnity. You will indemnify and hold us (and our officers, directors, agents, affiliates, subsidiaries, joint ventures and employees), harmless from any cost, liability, charge, penalties, claim or demand, including reasonable attorneys' fees, court costs, and other costs of collection, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party; or incurred by us as a result of your default under this Agreement.
22. Default and Remedies. Without limiting any other provision in this Agreement, in the event you default under this Agreement, including without limitation, by failing to pay us the specified advertising fees when due (if you are a Lessor), we will have the right to exercise any or all of the following remedies: (1) we can suspend any or all of your advertisements from the RentClick.ca Website; (2) we can terminate this Agreement; (3) we can ban your future use of the RentClick.ca Website; (4) we can impose interest on your past due amounts equal to the lower of 1.5% per month or the highest rate permitted by law; (5) we can impose an administrative service fee equal to five percent (5%) of all amounts past due; (6) we can reserve the right to condition your continued use of the Website on requirements such as a fee increase, submission of a security deposit; and/or fee prepayment; and (7) we can exercise any and all rights and remedies available to us at law and in equity.
23. Resolution of Disputes. If a dispute arises between you and RentClick.ca, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and RentClick.ca agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") by way of a Dispute Resolution Service. Before resorting to this alternative, we strongly encourage you to first Contact Us directly to seek a resolution by contacting us. We will consider reasonable requests to resolve the dispute before proceeding with alternative dispute resolution procedures.
24. Notices. Except as explicitly stated otherwise, legal notices shall be served to RentClick.ca's mailing address (refer to Contact Us page or to the email address you provide to RentClick.ca during the registration process (in your case). Notice shall be deemed given 48 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, if you are a Lessor, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three business days after the date of mailing.