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| TERMS OF USE |
| THIS SITE USAGE AGREEMENT is made effective the 1st day of November, 2008, by and between RentAJudge.com, a dba of Rafael Chodos, A Professional Corporation (hereinafter the "Company"), and you, hereinafter referred to as the "Member". |
| | | The Company operates this Site to facilitate and support the provision of alternative dispute resolution services to its visitors (the "Service"). By accessing and using this Site, you agree to each of the terms and conditions set forth herein ("Terms of Use"). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with all applicable additional terms and conditions, are referred to as the "Agreement." The Company reserves the right to modify the Agreement at any time without giving prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth at the bottom of this agreement. |
| | | USE, COPYRIGHT, TRADEMARKS |
| 1. Use of Site You may use the Service, the Site, and the information on the Site (singly or collectively, the "Content") solely for your personal purposes and/or to avail yourself of the Service. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Company reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.
2. Copyright The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to Company or its partners, affiliates, contributors, members or third parties. The copyrights in the Content are owned by Company or other copyright owners who have authorized their use on the Site.
By uploading content, or consenting to its being uploaded, you authorize the Company to display it on this site, and you grant the Company a license for that purpose.
You may download and reprint Content for non-commercial, non-public, personal use only. (If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by Company, for example in certain password-restricted areas of the Site and in our Frequently Asked Questions).
3. Trademarks You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law. |
| | | LINKS AND DOWNLOADING |
| 4. Links to Third-Party Web Sites Links on the Site to third party web sites, members sites, or other information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Company of the third party, the third-party web site, or the information contained therein. Copmany is not responsible for the availability of any such web sites nor is it responsible or liable for any such web site or the content thereon. If you use the links to the web sites of Company affiliates, members or service providers, you will leave this Site, and will be subject to the terms of use and privacy policies applicable to those web sites.
5. Linking to this Site If you would like to link to the Site, you must follow Company’s link guidelines. Unless specifically authorized by Company, you may not connect “deep links” to the Site, i.e, create links to this site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.
6. Downloading Files We use commonly available virus scanning technologies to ensure that the files we provide for downloading are free from viruses and other harmful code, however Company cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs. As with all files that you download from the web, you should scan these files with reputable virus scanning software.
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| | | SOFTWARE, DISCLAIMERS, INDEMNITY |
| 7. Software
Any software which may be available for download via the Site is the copyrighted work of the Company and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.
8. Disclaimer of Warranties
COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. GIOTTOMULTIMEDIA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
9. Limitation of Liability
IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, COMPANY'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
10. Indemnification
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless COMPANY, its parent companies, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.
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| | | PRIVACY POLICY AND DISCUSSION FORUMS |
| 11. Privacy Policy
See COMPANY's Privacy Policy.
12. User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
13. Special Terms Relating to the Discussion Forum:
The discussion forums we offer are intended to be an open and public forum where any interested party may make postings.
We ask that in making your postings, you exercise good taste and courtesy. Once a posting of yours is made, the only way it can be changed or taken down is by our site administrator. For this reason, you should take care to ensure that your postings accurately reflect your thoughts and intentions.
COMPANY, which maintains the site, reserves the right to delete postings, comments, and whole discussion topics, at its sole discretion. We may exercise this right for any one or more of a variety of reasons some of which may have nothing at all to do with the content of the postings.
In the dance of life, we sometimes step on one another's toes. If you feel that someone has posted a comment on our site that is causing you harm and that we ought to take it down, please feel free to send a request to siteadmin@RENTAJUDGE.com. By sending any such request, you agree to the following terms and conditions:
[a] Mere disagreements between site users are not a valid reason to remove any person's comments.
[b] Merely being offended at someone else's words or ideas, is not a valid reason to remove any person's comments.
[c] Any request you submit must be accompanied by authenticated documentation of economic harm.
[d] Any dispute between you and the site owners and administrators will be litigated in the courts of California, in accordance with California law.
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| | | 14. Password Security
If you register to become a customer you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.
15. General Provisions
a. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by COMPANY of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. COMPANY therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. COMANY does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
c. Enforcement/ Choice of Law/ Choice of Forum.
If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, RENTAJUDGE.com’s Privacy Policy, your use of the Site, any other COMPANY web site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of California, without regard to any conflict of laws provisions.
d. Claims of Copyright Infringement.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. See our Notice and Procedure for Making Claims of Copyright Infringement .
Date of Last Modification: November 1, 2008 |
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