RentalHouses.com, Inc. ("RentalHouses.com") is a company established by professionals experienced in the single-family rental housing industry. We provide an online link between those who have rental houses and those who are seeking a rental house. Bringing people and homes together in the easiest and most cost proficient manner is our goal.
LEGAL NOTICES AND TERMS OF USE
Welcome to the RentalHouses.com web site (the "Web Site"). Please review the following notices, terms and conditions concerning your use of the Web Site. By accessing, creating an account, using or downloading any materials from the Web Site, you agree to follow and be bound by these notices, terms and conditions (the "Terms"). If you do not agree with these Terms, please do not use this Web Site.
GENERAL USE PROVISIONS
All materials provided on this Web Site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services ("Materials"), are provided either by RentalHouses.com or by their respective third party manufacturers, authors, developers and vendors ("Third Party Providers") and are the copyrighted work of RentalHouses.com and/or its Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, 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 RentalHouses.com or the Third Party Provider. Also, you may not "mirror" any Materials contained on this Web Site on any other server without RentalHouses.com's prior express written permission.
Except where expressly provided otherwise by RentalHouses.com, nothing on this Web Site shall be construed to confer any license under any of RentalHouses.com's or any Third Party Provider's intellectual property rights, whether by estoppels, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by RentalHouses.com. RentalHouses.com does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by RentalHouses.com.
RentalHouses.com hereby grants you permission to display, copy, distribute and download RentalHouses.com's Materials on this Web Site provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials; (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer, broadcast in any media, or used for commercial gain; and (3) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials.
Any unauthorized use of any Materials contained on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
AD AND PHOTO CONTENT - TERMS OF USE
1) Content, photos, and any text displayed on any property listing form/page/field, MUST contain the required information directly related to that individual unique property listing identified by the property address. Any text description or additional information, property description, amenities and/or feature fields are for information relating to that particular property ONLY.
2) IT IS STRICTLY PROHIBITED to use a rental property listing advertisement for commercial or company advertising or any other promotional display, except for in the fields provided in the form for a company logo and/or company website link.
3) RentalHouses.com strictly prohibits any company or individual from creating an active unlimited account and placing ads on the site not directly owned or managed by the listing company or individual. You further agree that any violation of this policy will result in the right of RentalHouses.com to charge an additional $39 per month fee per listing for the time periods each property was listed under your unlimited plan that was NOT owned or managed by you or your company at the time.
4) Under all advertising plans, you further agree to deactivate any property that becomes rented and is no longer available immediately or within two (2) days of the time the property rents. RentalHouses.com has the right to charge an individual $39 per month fee for any rented property not deactivated on our website.
5) By choosing any of RentalHouses.com's advertising plans, you hereby agree to abide by the guidelines as set forth above for all advertising plans.
By placing an advertisement on or communicating with RentalHouses.com's web site and Service, you hereby grant to RentalHouses.com and its partners, if any, or independent agents and related entities, the royalty-free, perpetual, irrevocable, sublicenseable, nonexclusive right and license to use, copy, modify, display, distribute and reproduce all such materials in any form, media, software or technology of any kind now existing or developed in the future. You also agree to indemnify, defend and hold RentalHouses.com and entities above, harmless against any claims or costs, including attorneys' fees, arising from the use or distribution of those materials. You further grant RentalHouses.com and entities above, the right to use your name in connection with the reproduction or distribution of such material.
TERMINATION OF SERVICE, CANCELLATION OF ACCOUNTS, REFUNDS
You understand and agree that in RentalHouses.com's sole discretion, and without prior notice, we may terminate your access to this web site and the Service or exercise any other remedy available including removing any unauthorized User or Ad Content, if RentalHouses.com believes that your use of the Web site, Service and/or any User Content you provided on a property listing has violated or is inconsistent with these Terms of Use policies, violated the rights of RentalHouses.com or another User or the law. You further agree that monetary damages may not provide a sufficient remedy to RentalHouses.com for violations of these terms and conditions and you consent to injunctive or other equitable relief for such violations.
RentalHouses.com is not required to provide any refund to you if you are terminated as a User because you have violated these Terms of Use.
No contract is required in addition to agreement to the Terms of Use policy unless otherwise specifically provided and agreed to between the parties. In such cases, you agree to abide by the written contract and further agree under such other contract unless otherwise provided in writing, that the Terms of Use policies herein remain in effect and full force.
No refunds will be given after a property listing is activated live on the website.
You may deactivate any listing under any advertising plan (individual or multi-units plans) and remove it from the market at any time and reactivate it later during the same billing cycle or length of plan purchased. However, the renewal date does not change, (the renewal date will not be extended during the time that the property is off the market under that billing cycle or plan) and you are responsible for the entire amount due under the chosen plan.
Multi-unit advertising plan users have the right to cancel their next recurring charge to their credit card at any time before the next renewal billing date occurs under the conditions listed below. No pro-rated refunds will be issued for early cancellation during the current billing cycle.
Notification of cancellation by multi-unit account holders must be submitted in writing by email or letter to RentalHouses.com at least two (2) business days prior to the account renewal date.
For your protection, notification in writing must be submitted by the actual account holder (the contact name the account was created in).
In the event a written cancellation notice is not received before the account billing renewal date and regardless of whether the property listings in the account are active or inactive, you are responsible for the entire payment due for any billing cycle period that your account remained active before actual cancellation by writing becomes effective for your next recurring charge.
PROHIBITED ACTIVITIES AND CONTENT
The following is a partial list of the kinds of activities and content that are prohibited on or through placing an advertisement or Service on RentalHouses.com:
(a) submitting content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b) engaging in activities or submitting content that could be harmful to minors;
(c) engaging activities or submitting content that harass or advocate harassment of another person;
(d) engaging in activities that involve the transmission of "junk mail" or unsolicited mass mailing or "spam";
(e) engaging in activities or submitting content that promote information that is false, misleading or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(f) submitting content that contains restricted or password only access pages, or hidden pages or images;
(g) submitting content that displays pornographic or sexually explicit material of any kind;
(h) submitting content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(i) engaging in activities or submitting content that solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
(j) engaging in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
(k) submitting any content which violates federal, state or local Fair Housing Laws.
ACCESS TO OUR WEBSITE AND SERVICE By use of this website in any manner, you agree that you will not: (a) use any robot, spider, other automatic device, or manual process to monitor or copy web pages or the Content contained in the Service or for any other unauthorized purpose without our prior expressed written permission; (b) use any device, software, or routine to interfere or attempt to interfere with the proper working of RentalHouses.com's website or service; and (c) take any action that imposes an unreasonable or disproportionately large load on the hardware and software infrastructure of RentalHouses.com.
LINKS TO THIRD PARTY SITES This Web site may contain links to web sites controlled by parties other than RentalHouses.com. RentalHouses.com is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites. RentalHouses.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by RentalHouses.com of the linked web site. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature.
ADS
We use third-party advertising companies to serve ads when you visit our Web site. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.
SOFTWARE USE RESTRICTIONS
Any software that may be made available to download from this Web Site ("Software") is the copyrighted work of RentalHouses.com and/or Third Party Providers. Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with the Software ("License Agreement"). An end user agrees to the License Agreement terms by installing, copying, or using the Software. The Software is made available for downloading solely for use by end users according to the License Agreement. Without limiting the foregoing, the copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS MAY BE EXPRESSLY WARRANTED IN THE LICENSE AGREEMENT, RENTALHOUSES.COM HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
SUBMISSIONS
Except where expressly provided otherwise by RentalHouses.com, all comments, feedback, information or materials submitted to RentalHouses.com through or in association with this Web Site ("Submissions") shall be considered non-confidential and RentalHouses.com's property. By providing such Submissions to RentalHouses.com, you agree to assign to RentalHouses.com, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. RentalHouses.com shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not RentalHouses.com, have full responsibility for the Submissions, including their legality, Fair Housing compliance, reliability, appropriateness, originality and copyright.
DISCLAIMER
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY RENTALHOUSES.COM, THE MATERIALS ON THE WEB SITE ARE PROVIDED "AS IS" AND RENTALHOUSES.COM HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. RENTALHOUSES.COM MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEB SITE.
LIMITATION OF LIABILITY
RENTALHOUSES.COM SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL RENTALHOUSES.COM BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE, EVEN IF RENTALHOUSES.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND YOU WILL NOT MAKE A CLAIM AGAINST RENTALHOUSES.COM FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD RENTALHOUSES.COM HARMLESS FROM, AND YOU COVENANT NOT TO SUE RENTALHOUSES.COM FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE.
RENTALHOUSES.COM PRESS RELEASES
Forward-looking statements in RentalHouses.com press releases on this Web Site are made pursuant to the safe harbor provisions of Section 21E of the Securities Exchange Act of 1934. Investors are cautioned that statements in such press releases which are not strictly historical statements, including, without limitation, statements regarding current or future financial performance, management's plans and objectives for future operations, product plans and performance, management's assessment of market factors, as well as statements regarding the strategy and plans of RentalHouses.com and its strategic partners, constitute forward-looking statements which involve risks and uncertainties.
LOCAL LAWS; EXPORT CONTROL
RentalHouses.com controls and operates this Web Site from its headquarters in Louisville, Kentucky located in the United States of America and makes no representation that these Materials are appropriate or available for use in other locations. If you use this Web Site from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on this Web Site are solely directed to individuals, companies or other entities located in the United States of America.
GENERAL
This Web Site may include inaccuracies or typographical errors. RentalHouses.com and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Web Site at any time without notice. RentalHouses.com may periodically make changes to the Web Site. Any action related to these Terms will be governed by Kentucky law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. These Terms represent the entire understanding relating to the use of the Web Site and prevail over any prior or contemporaneous, conflicting or additional, communications. RentalHouses.com has the right to revise these Terms at any time without notice by updating this posting. Any rights not expressly granted herein are reserved by RentalHouses.com.
INTELLECTUAL PROPERTY NOTICES
Elements of the Web Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. RentalHouses.com, the RentalHouses.com logo, and other RentalHouses.com product names referenced herein are trademarks of RentalHouses.com, Inc., and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be trademarks of their respective owners.
Information About the Fair Housing Act
The Fair Housing Act prohibits discrimination in housing because of:
* Race or color
* National origin
* Religion
* Sex
* Familial status (including children under the age of 18 living with parents or legal custodians; pregnant women and people securing custody of children under 18)
* Handicap (Disability)
What Housing Is Covered?
The Fair Housing Act covers most housing. In some circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker, and housing operated by organizations and private clubs that limit occupancy to members.
What Is Prohibited? In the Sale and Rental of Housing: No one may take any of the following actions based on race, color, national origin, religion, sex, familial status or handicap:
* Refuse to rent or sell housing
* Refuse to negotiate for housing
* Make housing unavailable
* Deny a dwelling
* Set different terms, conditions or privileges for sale or rental of a dwelling
* Provide different housing services or facilities
* Falsely deny that housing is available for inspection, sale, or rental
* For profit, persuade owners to sell or rent (blockbusting) or
* Deny anyone access to or membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing.
In Mortgage Lending: No one may take any of the following actions based on race, color, national origin, religion, sex, familial status or handicap (disability):
* Refuse to make a mortgage loan
* Refuse to provide information regarding loans
* Impose different terms or conditions on a loan, such as different interest rates, points, or fees
* Discriminate in appraising property
* Refuse to purchase a loan or
* Set different terms or conditions for purchasing a loan.
In Addition: It is illegal for anyone to:
* Threaten, coerce, intimidate or interfere with anyone exercising a fair housing right or assisting others who exercise that right
* Advertise or make any statement that indicates a limitation or preference based on race, color, national origin, religion, sex, familial status, or handicap. This prohibition against discriminatory advertising applies to single-family and owner-occupied housing that is otherwise exempt from the Fair Housing Act.
Additional Protection If You Have a Disability
If you or someone associated with you:
* Have a physical or mental disability (including hearing, mobility and visual impairments, chronic alcoholism, chronic mental illness, AIDS, AIDS Related Complex and mental retardation) that substantially limits one or more major life activities
* Have a record of such a disability or
* Are regarded as having such a disability
your landlord may not :
* Refuse to let you make reasonable modifications to your dwelling or common use areas, at your expense, if necessary for the disabled person to use the housing. (Where reasonable, the landlord may permit changes only if you agree to restore the property to its original condition when you move.)
* Refuse to make reasonable accommodations in rules, policies, practices or services if necessary for the disabled person to use the housing.
Example: A building with a "no pets" policy must allow a visually impaired tenant to keep a guide dog.
Example: An apartment complex that offers tenants ample, unassigned parking must honor a request from a mobility-impaired tenant for a reserved space near her apartment if necessary to assure that she can have access to her apartment.
However, housing need not be made available to a person who is a direct threat to the health or safety of others or who currently uses illegal drugs.
Requirements for New Buildings
In buildings that are ready for first occupancy after March 13, 1991, and have an elevator and four or more units:
* Public and common areas must be accessible to persons with disabilities
* Doors and hallways must be wide enough for wheelchairs
* All units must have:
- An accessible route into and through the unit
- Accessible light switches, electrical outlets, thermostats and other environmental controls
- Reinforced bathroom walls to allow later installation of grab bars and
- Kitchens and bathrooms that can be used by people in wheelchairs.
If a building with four or more units has no elevator and will be ready for first occupancy after March 13, 1991 , these standards apply to ground floor units.
These requirements for new buildings do not replace anymore stringent standards in State or local law.
Housing Opportunities For Families
Unless a building or community qualifies as housing for older persons, it may not discriminate based on familial status. That is, it may not discriminate against families in which one or more children under 18 live with:
* A parent
* A person who has legal custody of the child or children or
* The designee of the parent or legal custodian, with the parent or custodian's written permission.
Familial status protection also applies to pregnant women and anyone securing legal custody of a child under 18.
Exemption: Housing for older persons is exempt from the prohibition against familial status discrimination if:
* The HUD Secretary has determined that it is specifically designed for and occupied by elderly persons under a Federal, State or local government program or
* It is occupied solely by persons who are 62 or older or
* It houses at least one person who is 55 or older in at least 80 percent of the occupied units, and adheres to a policy that demonstrates an intent to house persons who are 55 or older.
A transition period permits residents on or before September 13, 1988 , to continue living in the housing, regardless of their age, without interfering with the exemption.
If You Think Your Rights Have Been Violated HUD is ready to help with any problem of housing discrimination. If you think your rights have been violated, the Housing Discrimination Complaint Form is available for you to download, complete and return, or complete online and submit, or you may write HUD a letter, or telephone the HUD Office nearest you. You have one year after an alleged violation to file a complaint with HUD, but you should file it as soon as possible.
What to Tell HUD * Your name and address
* The name and address of the person your complaint is against (the respondent)
* The address or other identification to the housing involved
* A short description to the alleged violation (the event that caused you to believe your rights were violated)
* The date(s) to the alleged violation
Where to Write or Call Send the Housing Discrimination Complaint Form or a letter to the HUD Office nearest you or you may call that office directly.
If You Are Disabled HUD also provides:
* A toll-free TTY phone for the hearing impaired: 1-800-927-9275.
* Interpreters
* Tapes and Braille materials
* Assistance in reading and completing forms
What Happens When You File A Complaint?
HUD will notify you when it receives your complaint. Normally, HUD also will:
* Notify the alleged violator of your complaint and permit that person to submit an answer
* Investigate your complaint and determine whether there is reasonable cause to believe the Fair Housing Act has been violated
* Notify you if it cannot complete an investigation within 100 days of receiving your complaint
Conciliation
HUD will try to reach an agreement with the person your complaint is against (the respondent). A conciliation agreement must protect both you and the public interest. If an agreement is signed, HUD will take no further action on your complaint. However, if HUD has reasonable cause to believe that a conciliation agreement is breached, HUD will recommend that the Attorney General file suit.
Complaint Referrals
If HUD has determined that your State or local agency has the same fair housing powers as HUD; HUD will refer your complaint to that agency for investigation and notify you of the referral. That agency must begin work on your complaint within 30 days or HUD may take it back.
What If You Need Help Quickly?
If you need immediate help to stop a serious problem that is being caused by a Fair Housing Act violation, HUD may be able to assist you as soon as you file a complaint. HUD may authorize the Attorney General to go to court to seek temporary or preliminary relief, pending the outcome of your complaint, if:
* Irreparable harm is likely to occur without HUD's intervention
* There is substantial evidence that a violation of the Fair Housing Act occurred
Example: A builder agrees to sell a house but, after learning the buyer is black, fails to keep the agreement. The buyer files a complaint with HUD. HUD may authorize the Attorney General to go to court to prevent a sale to any other buyer until HUD investigates the complaint.
What Happens After A Complaint Investigation?
If, after investigating your complaint, HUD finds reasonable cause to believe that discrimination occurred, it will inform you. Your case will be heard in an administrative hearing within 120 days, unless you or the respondent wants the case to be heard in Federal district court. Either way, there is no cost to you.
The Administrative Hearing
If your case goes to an administrative hearing HUD attorneys will litigate the case on your behalf. You may intervene in the case and be represented by your own attorney if you wish. An Administrative Law Judge (ALA) will consider evidence from you and the respondent. If the ALA decides that discrimination occurred, the respondent can be ordered:
* To compensate you for actual damages, including humiliation, pain and suffering.
* To provide injunctive or other equitable relief, for example, to make the housing available to you.
* To pay the Federal Government a civil penalty to vindicate the public interest. The maximum penalties are $10,000 for a first violation and $50,000 for a third violation within seven years.
* To pay reasonable attorney's fees and costs.
Federal District Court
If you or the respondent chooses to have your case decided in Federal District Court , the Attorney General will file a suit and litigate it on your behalf. Like the ALA , the District Court can order relief, and award actual damages, attorney's fees and costs. In addition, the court can award punitive damages.
In Addition
You May File Suit: You may file suit, at your expense, in Federal District Court or State Court within two years of an alleged violation. If you cannot afford an attorney, the Court may appoint one for you. You may bring suit even after filing a complaint, if you have not signed a conciliation agreement and an Administrative Law Judge has not started a hearing. A court may award actual and punitive damages and attorney's fees and costs.
Other Tools to Combat Housing Discrimination
If there is noncompliance with the order of an Administrative Law Judge, HUD may seek temporary relief, enforcement of the order or restraining order in a United States Court of Appeals.
The Attorney General may file a suit in a Federal District Court if there is reasonable cause to believe a pattern or practice of housing discrimination is occurring.
For Further Information The Fair Housing Act and HUD's regulations contain more detail and technical information. If you need a copy of the law or regulations, contact the HUD Office nearest you.
