Terms of Use
The following terms and conditions apply to your use of the KNS rentral properties website. By using the website, you explicitly accept these Terms of Use. The term "Agreement" shall mean the agreement formed between you and KNS Rental Properties pursuant to these Terms of Use, the Privacy Policy, the Fees, the Equal Housing Opportunity Policy, the Advertising Policy, any other terms and conditions posted on this Website, and any other written agreement between you and KNS Rental Properties, as the same may be modified from time to time.
Content Requirements. To assure the value of KNS Rental Properties services, you agree that all of the information you have provided to KNS Rental Properties, 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 and our Advertising Policy.
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.
Our License to You. KNS Rental Properties hereby authorizes you to view, copy, download and print the information available on this Website.
No Unlawful or Prohibited Use. As a condition of your use of this Website, you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and any related activities, including the Fair Housing Act. In addition, you warrant that you will not use this Website in any way prohibited by these terms, conditions and notices.
Reporting Intellectual Property Infringement. KNS Rental Properties respects the intellectual property of others. If you believe that your rights have been infringed by content appearing on our Website, please contact us. We reserve the right to remove content for any reason.
Links to Third-Party Websites. The Website may contain links to websites operated by parties other than KNS Rental Properties. Such hyperlinks are provided for reference purpose only. KNS Rental Properties does not control such websites and is not responsible for their contents. KNS Rental Properties 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 entirely at your own risk.
General Disclaimer. Although KNS Rental Properties has attempted to provide accurate information on the Website, KNS Rental Properties assumes no responsibility for the accuracy of the information. All information provided on this Website is provided "as is" with all faults without warranty of any kind, either express or implied. KNS Rental Properties hereby disclaims all warranties, express or implied, including, without limitation, those of merchantability, fitness for a particular purpose, title and noninfringement or arising from a course of dealing, usage or trade practice, except to the extent such disclaimers are held to be legally invalid.
Limitation on Liability. Neither KNS Rental Properties, 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 KNS Rental Properties advertisement, or damages from the use of or reliance on the information present on this Website, even if KNS Rental Properties has been advised of the possibility of such damages.
Modification of the Website. Rent.com (and/or its suppliers) reserves the right in its sole discretion to improve, modify or remove any information or content appearing on the Website. Rent.com may discontinue or revise any or all aspects of the Website in its sole discretion and without prior notice. Without limiting the foregoing, Rent.com 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.
Privacy. We view the protection of users' privacy as a very important principle and will only use your information as described in the Privacy Policy. We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent, and we use your information only as described in the Privacy Policy. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices.
Release. Because KNS Rental Properties is an advertising venue, in the event that you have a dispute with one or more users, you release KNS Rental Properties, 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. If you are a California resident, you waive California Civil Code ß1542, 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."
Services Not Provided. Without limiting the generality of the foregoing, you acknowledge and agree as follows:
KNS Rental Properties 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 KNS Rental Properties an obligation to perform any services other than those expressly undertaken by KNS Rental Properties. KNS Rental Properties is not responsible for the content of, nor does it endorse, the third-party websites to which you may link using this Website. KNS Rental Properties 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. KNS Rental Properties may make changes to its products and/or services and this Website at any time and without notifying you or receiving your consent. While KNS Rental Properties complies with applicable state and federal laws, including federal civil rights laws, KNS Rental Properties cannot guarantee that its users so comply. Accordingly, KNS Rental Properties assumes no liability for Renters' and/or Lessors' failures to comply with such laws.
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.
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 KNS Rental Properties Website; (2) we can terminate this Agreement; (3) we can ban your future use of the KNS Rental Properties 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.
Resolution of Disputes. If a dispute arises between you and KNS Rental Properties, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and KNS Rental Properties agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by faxing us at (951) 808-9596. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Disputes. This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any Claim or dispute you may have against KNS Rental Properties must be resolved by a court located in Riverside County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Riverside County, California, for the purpose of litigating all such Claims or disputes.
Arbitration Option. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, he/she shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims. All Claims you bring against us must be resolved in accordance with this Resolution of Disputes Section. All Claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a Claim contrary to the Resolution of Disputes Section, KNS Rental Properties may recover attorneys' fees and costs up to $1,000, provided that KNS Rental Properties has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.
Notices. Except as explicitly stated otherwise, legal notices shall be served on KNS Rental Properties to the address you provide to KNS Rental Properties during the registration process. Notice shall be deemed given 24 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 days after the date of mailing.
General. By using this Website and agreeing to the Terms of Use, you are also agreeing to abide by our Privacy Policy, Fees, and all other agreements and policies posted on this Website. KNS Rental Properties is located at 7016 Ginko Court, Corona, California 92880. In our sole discretion, we may assign the Agreement. Headings are for reference purposes only and do not limit the scope or extent of such section. 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. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. KNS Rental Properties may rely on your electronic signature to create a binding valid agreement. From time to time KNS Rental Properties may send facsimiles or emails regarding its products and services, or shall call customers regarding KNS Rental Properties products and services, and you hereby expressly consent to receiving such emails, facsimiles and telephone calls. See Privacy Policy for more information. The following Sections and policies survive any termination of the Agreement: Fees and Services (with regard to any fees you owe us), Release, Content License, Limitation on Liability, Indemnity and Resolution of Disputes, Default and Remedies. You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at 800.952.5210.
Last updated October 1, 2008.
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