NC Student Rentals, is the owner and operator of a residential property management NC Student Rentals (“NCSR“). Company operates a website at www.ncstudentrentals.com and offers access to a payment service (collectively, the “Service“).
Reference is hereby made to that NC Student Rentals Master Services Agreement (the “Agreement“) made and entered into by and between Company and Customer. All terms not otherwise defined herein, shall have the meaning more particularly set forth in the Agreement.
Please read the following Terms and Conditions carefully before using the website or the Service. This Terms and Conditions sets forth the terms and conditions that apply to the use of the website and Service by You (defined below).
By viewing, using, accessing, browsing, or submitting any content or material on the Service, you agree to these Terms and Conditions as a binding legal agreement between you and Company, without limitation or qualification. The terms “Customer”, “You”, “you” or “Your” shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to the Service. If you do not agree to these Terms and Conditions, then you may not use the Service. Company reserves the right to modify these Terms and Conditions at any time without prior notice.
You agree that each visit you make to the Service shall be subject to the then-current Terms and Conditions, and continued use of the Service now or following modifications in these Terms and Conditions confirms that you have read, accepted, and agreed to be bound by such modifications.
Company reserves the right, in its sole discretion, to change or discontinue any aspect or feature of the Service with or without notice and/or the services offered on or through the Service (or any part thereof), including but not limited to the Service’s features, look, feel, and functional elements and related services, content, hours of availability, and/or modifications regarding our order process.
Company also reserves the right to change or modify the terms and conditions applicable to your use of the Service, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting on the Service, or by electronic or conventional mail, or other means by which you obtain notice thereof. Any use of the Service by You subsequent to such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions.
The Company’s software Service is offered as is. The system is accessed in the cloud via an internet connection. NCSR is maintained centrally in a cloud hosting environment by the Company for all users. The software accessed by the user is always the most current available version. The Company ensures the computing infrastructure accessed by the user is maintained and upgraded as required to optimize performance. In addition, the Company centrally installs software upgrades, enhancements, and bug fixes in the cloud hosted environment.
The Company agrees to provide You with technical support for NCSR (“Support“) which shall or may include phone and/or e-mail at no additional cost during any Term. Phone support shall be available from 8:00 a.m. to 7:00 p.m. Eastern Standard Time, Monday through Friday, excluding US National holidays. The Company shall respond to on-line requests during regular support business hours as set forth above; provided however, the Company makes no promise or guarantee of any specific response time. Additional Support may also be purchased by You at the rates and terms more particularly set forth in the Order Form.
Any attempt to sublicense, assign, rent, lease, sell, copy, distribute, reverse engineer, create a derivative work in whole or in part, or otherwise transfer the Service or the rights or obligations of the Agreement to any other property or third party without the prior written consent of the Company is strictly prohibited and shall be void and of no effect.
You agree that the consequences of re-publication of content or information from the Service may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that Company shall be entitled to temporary and permanent injunctive relief to prohibit such use.
You acknowledge and agree that the Service contains proprietary information and content that is protected by intellectual property and other laws, and may not be used except as provided in these Terms and Conditions without prior, written consent of Company. All Service design, text, graphics, interfaces, and images (and the selection and arrangements thereof), and software, hypertext markup language, scripts, active server pages, and other content and software used in the Service are hereby reserved by Company.
You acknowledge that Company has developed substantial goodwill and competitively valuable information in connection with NCSR. You agree to keep NCSR and all of Company’s information confidential, and shall not reproduce, copy, modify or otherwise alter or disclose/distribute it to a third party, nor permit any third party to do so or reverse assemble, reverse engineer, disassemble, decompile or otherwise attempt to create or discover any source code of ResMan by any means whatsoever.
You shall: (i) protect the confidential information using the same degree of care that it uses with its own confidential information of similar nature, but with no less than reasonable care; (ii) not use any confidential information for any purpose outside the scope of this Agreement; (iii) not disclose the confidential information to any third party; and (iv) limit access to the confidential information to its employees, contractors, advisors and agents. Upon written notice to Company, You may disclose the confidential information if required to do so under any federal, state, or local law, statute, rule or regulation, subpoena or legal process.
Use of the Service requires that you register and/or create an account (“Account“). To register and create an Account, you must select an account designation and password and provide certain personal information. In consideration of the use of the Service’s services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to refuse any and all current or future use of the Service (or any portion thereof).
You are responsible for maintaining the confidentiality and security of your Account and password, and you are fully responsible for all activities that occur under your password or Account, and for any other actions taken in connection with the Account or password.
You agree to (a) immediately notify Company of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. Company shall not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.
Due to the existing regulatory environment, we cannot ensure that all of your private and personally identifiable information will never be disclosed in ways not otherwise described herein. By way of example (without limiting the foregoing), we may be forced to disclose information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or others may abuse or misuse your information that they collect from our Service. Therefore, although we intend to use industry standard practices to protect your privacy, we do not guarantee that your personally identifiable information will always remain private.
We do not sell, trade, or rent your personal information to others. The following describes some of the ways that your personal identifiable information may be disclosed.
THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THE SERVICE (WHETHER PROVIDED BY COMPANY, YOU, OTHER USERS OR OTHER AFFILIATES/THIRD PARTIES), INCLUDING WITHOUT LIMITATION, FOOD/BEVERAGE ORDERS, SUBMISSIONS, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. FURTHERMORE, COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, OR LIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICE, SUBMISSIONS, TEXT, GRAPHIC, AND LINKS ON THE SERVICE, THE SERVICES PROVIDED BY COMPANY, AND ALL MATERIAL POSTED ON THE SERVICE.
NEITHER COMPANY, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, MEMBERS, SHAREHOLDERS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS, WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICE.
NEITHER COMPANY, NOR ITS AFFILIATES, INFORMATION PROVIDERS, ON CONTENT PARTNERS SHALL BE LIABLE FOR, AND HEREBY DISCLAIMS LIABILITY FOR, ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
IN NO EVENT SHALL COMPANY OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE SERVICE. COMPANY ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SERVICE.
COMPANY ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SERVICE, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SERVICE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO COMPANY; OR (B) $100 (WHICHEVER IS LESS).
YOU AND COMPANY AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS AND CONDITIONS ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND COMPANY AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS AND CONDITIONS ARE FAIR AND REASONABLE.
IF YOU ARE DISSATISFIED WITH THE SERVICE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.
AS A COURTESY TO YOU, THE SERVICE MAY OFFER LINKS TO OTHER WEBSITES. SOME OF THESE WEBSITES MAY BE AFFILIATED WITH COMPANY WHILE OTHERS ARE NOT. THESE LINKS ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU AND NOT AS AN ENDORSEMENT BY COMPANY OF THE CONTENTS ON SUCH THIRD-PARTY WEBSITES. COMPANY IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY WEBSITE PAGES CREATED AND MAINTAINED BY ORGANIZATIONS INDEPENDENT OF COMPANY AND DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE CONTENT OR ACCURACY OF MATERIALS ON SUCH THIRD PARTY WEBSITES. VISITING ANY SUCH THIRD-PARTY WEBSITE PAGES IS AT YOUR OWN RISK. COMPANY HAS NO CONTROL OF THESE THIRD-PARTY WEBSITE PAGES, NOR CAN IT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF INFORMATION IN THIRD-PARTY WEBSITE PAGES. YOUR USE OF SUCH INFORMATION IS VOLUNTARY, AND YOUR RELIANCE ON SUCH INFORMATION SHOULD BE MADE ONLY AFTER INDEPENDENT REVIEW. REFERENCES TO COMMERCIAL PRODUCTS OR SERVICES WITHIN ANY SUCH THIRD-PARTY WEBSITE PAGES DO NOT CONSTITUTE OR IMPLY AN ENDORSEMENT BY COMPANY. BY USING THE SITE YOU ACKNOWLEDGE THAT COMPANY IS NOT RESPONSIBLE FOR THE AVAILABILITY OF, NOR THE CONTENT LOCATED ON OR THROUGH ANY THIRD-PARTY WEBSITE PAGES.
This Service is created and controlled by Company in the State of North Carolina. You agree that these Terms and Conditions will be governed by and construed in accordance with the laws of the United States of America and the State of North Carolina, without regard to its conflicts of law provisions. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions. Company makes no claims or assurances that the Service is appropriate or may be downloaded outside of the United States. You agree that all legal proceedings arising out of or in connection with these Terms and Conditions, or services available on or through the Service must be filed in a federal or state court located in Wake County, North Carolina, within one year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COMPANY, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, ATTORNEYS, AGENTS, AND ASSIGNS FROM AND AGAINST ALL ANY CLAIM, DEMAND, OR DAMAGE (WHETHER DIRECT, INDIRECT, OR CONSEQUENTIAL), INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANYONE IN CONNECTION WITH YOUR USE OF THE SERVICE, USE OR MISUSE OF ACCOUNTS AND/OR PASSWORDS, WITH YOUR SUBMISSIONS, WITH ANY ALLEGED INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY RELATING TO THE SERVICE, YOUR VIOLATION OF THESE TERMS AND CONDITIONS, AND/OR ANY OTHER ACTS OR OMISSIONS RELATING TO THE SERVICE.