ALL COLLEGE RENTALS, LLC, an Ohio limited liability company, (“ALL COLLEGE RENTALS”) operates and owns the rights to AllCollegeRentals.com and all of its content.
Under these Terms, “use” or “access” of the Site specifically includes any direct or indirect access or use of the Site or any cached version of the Site and any direct or indirect access or use of any information or content on the Site, regardless of how obtained and the term “Site” includes, without limitation, any cached version thereof.
You are not authorized to use this Site unless you are at least 18 and able to enter into legally binding contracts. We do not knowingly collect the information of anyone under the age of 18. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms.
III. AllCollegeRentals.com is an Advertising and Research Service.
AllCollegeRentals.com operates as an online advertising and research service for apartment hunters, dwellers, and landlords. ALL COLLEGE RENTALS does not broker, lease, or sublease apartments directly and is not a party to any transaction between landlords and renters. AllCollegeRentals.com acts as a venue to allow homeowners and property managers who advertise on the Site (each, a “landlord”) to offer for rent in a variety of pricing formats, a specific rental property to potential renters (each, a “member” and, collectively with a landlord, the “users”). ALL COLLEGE RENTALS acts as an independent contractor under these Terms and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms or your use of the Site.
ALL COLLEGE RENTALS does not (a) guarantee or ensure any apartment or transaction between landlords and members, (b) collect or process payment or execute any lease or sublease documents on behalf of members or landlords, or (c) broker, lease, or sublease or offer to broker, lease, or sublease any apartments. As a result, any part of an actual or potential transaction between a landlord and a member, including the quality, condition, safety or legality of the properties advertised, the truth or accuracy of the listings, the ability of landlords to rent a property or the ability of members to pay for rental properties are solely the responsibility of each user. You acknowledge and agree that you may be required to enter into a separate agreement and/or waiver with another user prior to obtaining a rental or lease agreement. ALL COLLEGE RENTALS does not conduct background checks, site inspections, or any independent analysis of any property or unit and makes no warranty or representation concerning the same. By using this site, you agree to waive any and all implied warranties of ALL COLLEGE RENTALS. ALL COLLEGE RENTALS does not conduct background checks or run credit reports of any user and makes no warranty or representation concerning the same.
a. Applicable law, rules, and regulations. Users agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any tool, service or product offered on the Site and any transaction they enter into on the Site or in connection with their use of the Site.
Landlords further agree that they are responsible for and agree to abide by all laws, rules and regulations applicable to the advertisement of their rental property and the conduct of their rental business, including but not limited to taxes, permit or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable. Please be aware that, even though ALL COLLEGE RENTALS is not a party to any rental transaction and assumes no liability for legal compliance pertaining to rental properties listed on the Site, there may be circumstances where ALL COLLEGE RENTALS is nevertheless legally obligated (as ALL COLLEGE RENTALS may determine in its sole discretion) to provide information relating to your listing in order to comply with governmental bodies in relation to investigations, litigation or administrative proceedings, and ALL COLLEGE RENTALS may choose to comply with or disregard such obligation in our sole discretion.
b. Warnings of Suspicious Activity. While ALL COLLEGE RENTALS does take certain measures with a goal to assist users to avoid potentially fraudulent or other illegal activity, ALL COLLEGE RENTALS assumes no liability or obligation to take any such measures or actions. In the event it does provide warnings or messages to users about any such activity, ALL COLLEGE RENTALS does not warrant that such messages are accurate or that such messages will reach any or all users they should have reached in a timely manner or at all or that such messages or measures will prevent any harm, result or action.
IV. Access to and Use of the Site.
a. Access. ALL COLLEGE RENTALS is providing you with user access to the Site. You are responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet, and any telephone, wireless or other connection and service fees associated with such access. ALL COLLEGE RENTALS reserves the right to deny access and/or registration to the Site to anyone at any time in its sole and absolute discretion. Further, ALL COLLEGE RENTALS reserves the right to refuse services and/or to cancel any service requests at any time in its sole and absolute discretion.
This Site may not be available at all times. You agree that ALL COLLEGE RENTALS will not be held liable if the Site is unavailable at any time. ALL COLLEGE RENTALS does not accept liability for technical, hardware, or software failures of any kind or lost or unavailable network conditions which may limit or prohibit your opportunity to access the Site or secure a rental opportunity with another user.
b. General Use. Users are granted a limited, revocable, non-exclusive license to access the Site and the content and services provided on the Site solely for the purpose of advertising a rental property, searching for a rental property, researching (for the purpose of inquiring about renting) any of the apartments or homes offered on the Site, participating in an interactive area hosted on the Site or for any other purpose clearly stated on a Site, all in accordance with the Terms. Any use of the Site that is not for one of these purposes or otherwise in accordance with the Terms or as otherwise authorized by us in writing is expressly prohibited. Subject to your compliance with these Terms, ALL COLLEGE RENTALS hereby grants you permission to access and use the site and its services, provided that you shall not, and shall not allow any third party to:
i. Engage in commercial use of the Site, other than membership subscription fees paid to ALL COLLEGE RENTALS by members in good standing;
ii. Use the Site or the tools and services on the Site for the purpose of booking or soliciting a rental for a property other than a property listed by a landlord;
iii. Reproduce, copy, display, store, perform, re-post, publish, transmit, distribute, license, sell, transfer, modify, create derivative works, or otherwise use any portion of the content offered on the Site for other than your own personal, non-commercial use;
iv. Use any robot, spider, scraper, other automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the Site;
v. Deep-link to any portion of the Site without our express written permission;
vi. Reverse engineer any part of the Site;
vii. Use the Site and its inquiry functionality other than to advertise and/or research rentals, to make legitimate inquiries to users or any other use expressly authorized on the Site;
viii. Use the Site or post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability;
ix. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
x. Violate, plagiarize or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or
xi. Use or access the Site in any way that, in our sole discretion, adversely affects or could adversely affect the performance or function of the Site or any other system used by us or the Site.
If you are aware of, or experience any content, activity or communication through or in connection with the Site that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by contacting us as set forth under “Miscellaneous.”
V. Account Registration and Information.
Each user acknowledges and agrees that, regardless of such user’s physical location, we may store and process any data transmitted to the Site from such user at locations both within and outside of the United States.
In the event that you use any of our tools that we may from time to time offer that integrate in any way with a third-party website to which you have provided data or information, you acknowledge and agree that such third-party website shall be responsible for how the data or information you have provided to such website is handled.
a. Account Information. You agree to: (i) provide true, accurate, current, and complete information as prompted by the registration form; and (ii) maintain and update such information to keep it true, accurate, current, and complete at all times. ALL COLLEGE RENTALS does not assume any responsibility for the confirmation of each user’s purported identity, but reserves the right to delete your account if it has reasonable grounds to suspect that your account information is untrue, inaccurate, incomplete, or not current. Each user agrees to promptly provide proof of personal identification if requested for account verification. Each landlord agrees to provide proof of property ownership for a property listing and proof of authority to list the property, if requested.
You agree to (i) keep your password and online ID for both your account secure and strictly confidential, (ii) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (iii) notify us immediately if you are contacted by anyone requesting your online ID and password. You agree and acknowledge that you will not allow others to utilize Your Account and that you will not disclose your password to anyone. You shall be solely responsible for safeguarding your password and also for any actions under your password and Account, whether authorized by you or not. If you lose control of your password, you may lose substantial control of your personal information and could potentially be subject to legally binding actions taken on your behalf.
EACH USER ACKNOWLEDGES AND AGREES THAT: (1) ALL COLLEGE RENTALS SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR ALL COLLEGE RENTALS ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH ALL COLLEGE RENTALS AND OTHER USERS.
VI. Site Payments & Renewal; Payment Between Users.
a. Payments for subscriptions. Payment for subscription listings must be made to us in U.S. Dollars paid either by major credit or debit card, or a check drawn on a U.S. bank.
b. Automatic Renewal. As applicable, for any subscription paid for by credit card, such subscription shall automatically renew at the expiration of the then-current term for an additional term of the same duration (as the previous term) and at the then-current non-promotional subscription rate. If such subscription was purchased by check or another form of payment other than by credit card, such subscription shall not be automatically renewed. If you wish to turn off auto-renewal, you must log on to your account and manually turn off auto-renewal in your owner dashboard (for AllCollegeRentals.com), at least five days prior to expiration of the then-current term. If your subscription does not auto-renew or expires at the end of your then current subscription term and you desire to renew your subscription, you will be required to pay the then-current non-promotional subscription rate to renew your subscription or to activate a new subscription.
If the product or service that you last purchased has changed in any way or is no longer offered, you agree and authorize us to charge your credit card at the renewal of your subscription term for a product or service that is the most similar, as determined by us, to the product or service that you previously purchased, even if the price of such product or service is not the same of the prior product or service that you purchased. You agree to be responsible for any such charges.
c. Subscription Term. All member subscriptions are sold to run the full term that is chosen by the member. The term starts on the date that the member submits the full or initial, if applicable, payment and expires on the last date of the term chosen by the member. For example, for an annual subscription term, if the member submits payment for the subscription on July 1st, the subscription would expire on June 30th of the following year.
d. Refund Requests. Generally, no refunds are available unless a member qualifies for a refund under any guarantee program we may have in effect. If you believe you qualify for a refund under a guarantee we are offering, you may contact customer support by sending your request to the address listed under “General - Contact Us” above and include your listing number, and your reason for dissatisfaction. We will then determine, in accordance with the applicable guarantee program, whether any refund is due.
e. Payments between Users. ALL COLLEGE RENTALS is not a party to any payment transaction between members and renters. No user may request any renter to mail cash, or utilize any instant-cash wire transfer service such as Western Union or MoneyGram in payment for all or part of a property rental transaction. Any violation of this term or any other unacceptable payment methods that may be posted on the Site may result in the immediate removal of the non-conforming listing from the Site without notice to the user. From time to time, ALL COLLEGE RENTALS may become aware of users attempting to conduct a transaction that would involve an unauthorized payment method or a fraudulent payment method. Ideally, we hope to be able to assist users in avoiding such transactions, but we assume no liability or responsibility to do so or to inform users of any such actual or suspected activity.
You agree that, with respect to other users' personal information that you obtain directly or indirectly from or through the Site or through any Site-related communication, transaction or software, ALL COLLEGE RENTALS has granted to you a license to use such information only for: (a) Site-related communications that are not unsolicited commercial messages, (b) using services offered through the Site, and (c) inquiring about or otherwise facilitating a financial transaction between you and the other user related to the purpose of the Site, such as inquiring about or renting or charging a personal credit card. Any other purpose shall require express permission from the user. You may not use any user information for any unlawful purpose or with any unlawful intent.
In all cases, you must give users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.
You are not licensed to add any Site user to your mailing list (email or physical mail) without the user's express consent. You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms.
VIII. User Contributed Content & Participation in Interactive Forums.
ALL COLLEGES RENTALS has no duty to pre-screen content posted on the Site by users, whether directly contributed by the user or contributed by us or a third party on behalf of the user. “User contributed content” includes, without limitation, property listings, reviews of a rental property, participation in an interactive community, forum or blog (each an “Interactive Forum”) or any other content provided by a user or a third party acting on behalf of a user to the Site.
We reserve the right to decline posting on, or to remove from, the Site any user contributed content that fails to meet our General Content Guidelines or otherwise violates these Terms, each as determined in our discretion. Finally, we reserve the right (but do not assume the obligation) to edit user contributed content in a non-substantive manner solely to cause the content to comply with our content guidelines or formatting requirements.
a. General Content Guidelines. User contributed content must meet the following minimum guidelines:
i. not infringe anyone’s rights, violate the law or otherwise be inappropriate;
ii. not include personal information that can be used to identify or contact any person;
iii. not include promotional content that would promote other websites, businesses, services or products unaffiliated with this Site without our express permission;
iv. not be obscene, abusive, discriminatory or illegal content; or
v. not be false or misleading.
b. Accuracy of Content. ALL COLLEGE RENTALS specifically disclaims any and all liability arising from or about property listings and any user contributed content. Landlords are solely responsible for keeping property listings up-to-date on the Site, including information regarding any and all representations about the property, its amenities, location, price, and availability. ALL COLLEGE RENTALS does not represent or warrant that any of the user contributed content is up-to-date and assumes no responsibility to verify property listings. Landlords are solely responsible for ensuring the accuracy of any property descriptions, and members are solely responsible for verifying the accuracy of such descriptions.
c. Photographs. Users who submit photographs for use by ALL COLLEGE RENTALS represent and warrant that: (i) user holds all intellectual property rights with respect to each submitted photograph, or it has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement; (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement on the Site, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) that it will indemnify and hold harmless the Site and any user from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted.
IX. Social Media & Third-Party Content.
a. Social Media. ALL COLLEGE RENTALS may offer a tool or service to connect with profile or other information you have provided to Facebook or another third-party website (“Social Media Site”). If you choose to use such a tool or service, you acknowledge and agree that:
i. The information or content that are a part of your Social Media Site profile, which you have designated as “public” (or a similar designation) (with such information or content and referred to herein as “Social Media Content”) may be accessed and used by us in connection with the Site;
ii. The Social Media Content will be considered “user generated content” under these Terms and both you and we shall have the same rights and responsibilities as you and we have with respect to user generated content under these Terms;
iii. In the event that the Social Media Content was for any reason misclassified with a public or similar designation or is otherwise inaccurate or to which you do not agree with for any reason, you agree to work with the Social Media Site to make any changes or resolve any disputes and acknowledge that we will not be able to provide you with recourse; and
b. Third-Party Resources. This Site may contain links to other Internet sites, resources, and sponsors of the Site. Links to these third-party sites do not constitute an endorsement of the third-party entity or content on the third-party’s website. ALL COLLEGE RENTALS is not responsible in any way for these third-party sites and your use of these sites is not governed by these Terms.
i. Translation. If any user contributed content is translated for display on any Site, the user is solely responsible for the review and accuracy of such translation. Unless ALL COLLEGE RENTALS specifies otherwise to the user, any translation services offered by ALL COLLEGE RENTALS is free of charge.
ii. Maps. Maps provided on the Site that are provided by Google and its data providers and are subject to the Google Maps terms and conditions located at: http://www.google.com/intl/en_us/help/terms_maps.html . Any Google map linked by a user shall comply with the Attribution Guidelines for Google Maps and Google Earth located at: http://www.google.com/permissions/geoguidelines/attr-guide.html.
X. Intellectual Property.
a. You may not use, copy, or distribute the information, designs, or data found on this Site, except for personal or noncommercial purposes. You are not granted any right under any copyright, trademark, service mark, patent or other intellectual property right in the information, services, processes or technology of ALL COLLEGE RENTALS, and ALL COLLEGE RENTALS retains all such rights. As part of the rental inquiry process, for your own personal, noncommercial use, and not for distribution, you may download, display, and/or print one copy of any portion of the Site. You may not modify the same, ad you must reproduce our copyright notice in the form displayed on the relevant portion(s) of the Site you desire to download, display, or print.
b. Users have a limited license to use our trademarks or logos without specific prior written authorization. Users may refer to ALL COLLEGE RENTALS in a descriptive manner in the listing on the Site by typing “Check out my rental on AllCollegeRentals.com” or “I list properties on AllCollegeRentals.com.” Users may not refer to AllCollegeRentals.com in a manner to suggest that ALL COLLEGE RENTALS sponsors or endorses your property or gives your property preferential treatment to other properties.
The ALL COLLEGE RENTALS name and logo and those of the ALL COLLEGE RENTALS Group and our affiliates are registered trademarks in the United States and other jurisdictions around the world. We generally do not permit the use of our names and logos, other than as described above or with our prior written authorization. If you want permission to use our name and/or logo in any other manner, including, without limitation, on any website, business card, signage, t-shirts, etc., or if you have other questions, you may email us at legal@AllCollegeRentals.com.
c. You may not use another user’s information for business or commercial purposes, excluding execution of a rental agreement with a user that the user expressly authorizes.
d. In accepting these Terms, you authorize ALL COLLEGE RENTALS to use, for any purpose, any: information you provide, feedback you offer, and photographic material. Any communication or material that you transmit to this Site or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium, now known or unknown, in which it is used.
e. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright infringement will be terminated. You acknowledge and agree that upon receipt of a notice of claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or third party, and that the party that originally posted the materials will be referred to the United State Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
Designated Agent for Claimed Infringement:
THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS INFORMATION, AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS” TO THE FULLEST EXTENT PERMISSIBLE BY LAW. ALL COLLEGE RENTALS EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE.
ALL COLLEGE RENTALS AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTY REGARDING THE FOLLOWING: (A) THE SECURITY, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS AND PERFORMANCE OF THE SITE OR SERVICES; (B) THE SERVICES ADVICE, INFORMATION OR LINKS CONTAINED ON THE SITE; (C) THAT THE SITE WILL MEET YOUR NEEDS; (D) THAT THE SITE OR ITS SERVICES WILL BE ERROR-FREE, SECURE, TIMELY, OR UNINTERRUPTED; (E) THAT THE RESULTS OBTAINED IN YOUR SEARCH WILL BE ACCURATE, RELIABLE OR AVAILABLE; (F) THAT ANY ERRORS CONTAINED IN THE SITE WILL BE CORRECTED; OR (G) THAT THE SITE AND ITS CONTENT AND SERVER ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER CONTRIBUTED CONTENT TO US AND BY POSTING INFORMATION ON THE SITE, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US OR ANY THIRD-PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION OR OTHER TRANSACTION BETWEEN USERS OF THE SITE. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE SAFETY OF ANY TRANSACTION, RENTAL PROPERTY OR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON THE SITE.
XII. Limitation of Liability.
IN NO EVENT WILL ALL COLLEGE RENTALS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES (COLLECTIVELY, THE “ALL COLLEGE RENTALS GROUP”), OR ANY THIRD-PARTY PROVIDER BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR SITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (D) USE OF THE SITE, TOOLS OR SERVICES WE PROVIDE RELATED TO THE BUSINESS WE OPERATE ON THE SITE BY YOU OR ANY THIRD PARTY (E) ANY-USER CONTRIBUTED CONTENT, (F) INTERACTION BETWEEN OUR SITE AND ANY THIRD-PARTY SITE, INCLUDING WITHOUT LIMITATION A SOCIAL MEDIA SITE, FACILITATED BY A TOOL OR SERVICE ON OUR SITE AND/OR (G) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, TORT, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US OR ANOTHER USER OF THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF THE ALL COLLEGE RENTALS GROUP, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $100.00 IN THE AGGREGATE FOR ALL CLAIMS.
XIII. Release; Indemnification.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE ALL COLLEGE RENTALS GROUP FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY YOU OR ANY MEMBER, LANDLORD, OR THIRD PARTY DUE TO OR ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF ALLCOLLEGERENTALS.COM, YOUR VIOLATION OF THESE TERMS, OR YOUR ACTIONS THAT HARM THE RIGHTS OF ANOTHER PERSON OR ENTITY.
XIV. Changes to these Terms.
ALL COLLEGE RENTALS reserves the right to change, suspend, or discontinue any aspect of the Site at any time in its sole discretion, including the availability of Site features, databases or content. It may also impose limits on Site features or restrict your access to the Site without notice or liability. This version of the Terms became effective on the date set forth above. Notification of amendments will be posted on the Site by the indication of the amendment date at the top of these Terms and the amendment is effective immediately. ALL COLLEGE RENTALS does not separately file the Terms entered into by each user of the Site. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer.
a. If you are a landlord and disagree with any substantive amendment to these Terms, your sole remedy is to discontinue your use of the Site.
b. If you are a Member, you may withhold consent to the applicable amendment and your use of the Site will continue to be governed by the Terms in effect at the start of your subscription. At the renewal of your membership subscription, the Terms in effect at the time of renewal will govern.
ALL COLLEGE RENTALS reserves the right, in its sole discretion, to terminate your service at any time for any reason, without notice to you, and to suspend your access to the Site and its data. These reasons include, but are not limited to: (a) You credit card is invalidated or payment is refused for any reason; (b) You charge back to your credit card the fees due; (c) ALL COLLEGE RENTALS comes to believe in its sole judgment that you have provided false registration information, or (d) ALL COLLEGE RENTALS otherwise believes in its sole judgment you have acted in a manner inconsistent with the spirit or the letter of the Terms.
a. For all legal proceedings arising out of use of the Site and/or relating to the Terms, you agree to submit to the personal and exclusive jurisdiction of the courts located within Summit County, Ohio, USA. The Terms and the relationship between you and ALL COLLEGE RENTALS will be governed by Ohio law, without regard to conflicts of state law.
b. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, ALL COLLEGE RENTALS and you agree that the court should give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.
c. You hereby acknowledge a breach of these Terms would cause irreparable harm and significant injury to ALL COLLEGE RENTALS that may be difficult to ascertain and that a remedy at law would be inadequate. You agree that, notwithstanding anything to the contrary, ALL COLLEGE RENTALS shall have the right to seek and obtain immediate injunctive relief in any court of competent jurisdiction, without the posting of a bond, to enforce the obligations under the Terms in addition to any other rights and remedies it may have.
d. ALL COLLEGE RENTALS will provide notice to you, when necessary, at the e-mail address you provide. It is your responsibility to notify us of any change in e-mail address and to ensure that our notices are not deposited into a “junk” or “spam” folder. Notice to ALL COLLEGE RENTALS may be provided via e-mail to or U.S. mail to ALL COLLEGE RENTALS, LLC, 3589 Darrow Road, Stow, Ohio 44224.
f. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. By accepting these Terms, you waive the right to a jury trial and agree to arbitration in resolving any and all disagreements.
g. ALL COLLEGE RENTALS may assign these Terms in its sole discretion. Users must obtain our prior written consent to assign these Terms, which may be granted or withheld in its sole discretion.
h. The section headings used herein are for convenience only and shall not be given any legal import.
i. Except as explicitly stated otherwise, any notices to us shall be given by e-mail to or by postal mail to: ALL COLLEGE RENTALS, LLC, Attn: Legal Department, 3589 Darrow Road, Stow, Ohio 44224.