TERMS OF SERVICE

All College Rentals, LLC
3589 Darrow Road
Stow, Ohio 44224
[email protected]

Welcome to the website of All College Rentals, LLC located at www. AllCollegeRentals.com (hereinafter “We”, “Us”, “Our”). We thank You (any visitor to Our web site and hereinafter "You" or "Your") for visiting Our site and considering Our products and services. We also provide a mobile app for Your convenience which You can download from Our web site.


By using Our website or by submitting information and clicking the submit button which states “I have read and agree to the Terms of Service, Privacy Policy and the use of Cookies on this website”; You hereby agree to the terms and conditions of this Terms of Service (hereinafter “Agreement”) which, along with the consideration of the mutual promises You and We make to each other, then becomes a binding contract between You and Us. Clicking the submit button will be considered as an electronic signature for Your use and agreement with the documents on Our site.


PRIVACY POLICY


Our Privacy Policy is located here (view) and is hereby incorporated into this Agreement by reference. Please review the Privacy Policy to understand Our policies.


NO INFORMATION COLLECTED FROM CHILDREN


We do not intentionally collect Personal Information from children who are younger than the age of 13.


You agree to comply with all Federal, State, Local. and International laws regarding online conduct and acceptable content. If You have not reached the age of 13 leave Our web site immediately.


USER LOG-IN


Every time You log into Our site You will be asked for the user name and password which You previously created. You may change Your password in Your account at any time.


MOBILE APPLICATION


Our site has a mobile application for Your use. Unfortunately, not all phones will be compatible with Our App, and for this We apologize, but it is the nature of the industry. We cannot be responsible for the lack of compatibility. Also, You may incur additional charges to Your phone bill for the use of any App and should be aware of the data plan You have with Your phone carrier provider.


LANDLORD CONTENT


For any content you upload to Our site, while We do not own the content, You hereby grant Us a non-exclusive, transferable, sub-licensable license royalty-free, and a worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, or create derivative works of your content.


You understand and agree that any suggestions You make to Us for improving or changing Our website are purely voluntary on Your part and no renumeration will be paid if We decide to incorporate Your suggestion.


Basic property listings are free for the landlord. The landlord my purchase Premium Listings, Platinum Listings or use Our Tenant Screening services for an added fee.


STUDENT USAGE


Anyone may browse the contents of Our site. Should You wish to contact a Landlord concerning a particular property the non-refundable cost to the student is $19.95.


This site provides a payment option for rent should the student and landlord agree on this payment method.


PROHIBITED USE


  1. You understand and agree that You will not use Our web site to:
    1. post, upload or transmit any content that is patently offensive, obscene, pornographic, vulgar, unlawful, threatening, defamatory, abusive, tortuous, obscene, libelous, illegal, hateful, harmful, harasses or advocates harassment of another person, invasive of another person’s privacy, exploitive of people in a sexual or violent manner, racially, ethnically or otherwise objectionable or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
    2. Impersonate another person;
    3. Stalk or otherwise harass another; or harm a minor in any way.
    4. Promote commercial activities and/or sales such as contests, sweepstakes, barter, or advertising except as provided by the functionality of the site.
    5. upload or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, unsolicited mass mailing, chain letters, or pyramid schemes.
    6. Promote an illegal or unauthorized copy of another person’s copyrighted work.
    7. Upload, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
    8. Use software that automatically creates user identities.
    9. Intentionally or unintentionally violate any applicable local, state, national or international law including, but not limited to, laws against discrimination.
    10. Post inaccurate or misleading information.
    11. Solicit money from any poster.

You understand and agree that You are solely responsible for Your interactions with other visitors and that We reserve the right, but have no obligation, to monitor disputes between You and other visitors. Finally, We may delete data and posts which violate this Agreement; or delete data for any reason or for no reason based on Our sole discretion.


Violation of these Community Standards will be punished by Us, in Our sole discretion, with sanctions ranging from a temporary ban from Our website to a permanent ban from Our website with no refund of any kind.


CONTRACTOR AND VENDOR ADVERTISING


Contractors and Vendors may apply to advertise on Our site. Your advertisement may be selected for use on Our site based on Our sole discretion. The Contractor and/or Vendor hereby Agrees to abide by all terms in this Agreement.


TRADEMARKS


We hereby claim All College RentalsTM, and www.allcollegerentals.comTM and All College Rentals logo to be trademarks of Our Company.


COPYRIGHT


As indicated by the notice on the bottom of Our Home Page, All College Rentals, LLC claims a copyright to the contents of this website.


DIGITAL MILLENNIUM COPYRIGHT ACT


As provided for in the Digital Millennium Copyright Act; If You feel any content on Our web site violates Your copyrights please contact Our designated agent:


All College Rentals, LLC
3589 Darrow Road
Stow, Ohio 44224
[email protected]

by regular U.S. mail or email with the following information:


  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  4. Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted.
  5. A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Once We have received Your complaint We will:


  1. Remove or disable the identified infringing material (but maintain a copy for later use);
  2. Promptly notify the subscriber with a copy to the complaining party that We have removed or disabled access to the material; and
  3. We will inform the subscriber that they may submit a counter-notification regarding the claimed infringing material.

Counter Notification - To be effective under this subsection, a counter notification must be a written communication provided to the service provider's designated agent by regular U.S. mail or email that includes substantially the following:


  1. A physical or electronic signature of the subscriber.
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material Appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the subscriber’s address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided the counter notification or an agent of such person.

Upon receipt of a counter notification We will promptly provide the complaining party with a copy of the counter notification, and inform that person that We will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless Our designated agent first receives notice from the person who submitted the notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider's system or network.


WARRANTIES


OUR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF ANY SERVICE OFFERED BY US IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE OFFERED BY US WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE OFFERED BY US OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY SERVICE OFFERED BY US. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE OFFERED BY US IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH US OR FROM ANY SERVICE OFFERED BY US OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH ANY SERVICE OFFERED BY US. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH ANY SERVICE OFFERED BY US, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.


LIMITATION OF LIABILITY


UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL WE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE ANY SERVICE OFFERED BY US, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH ANY SERVICE OFFERED BY US, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, PHYSICAL HARM OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ALSO AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU, OR TO ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR ARISING FROM USE OF ANY SERVICE OFFERED BY US. IF YOU ARE DISSATISFIED WITH ANY SERVICE OFFERED BY US YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE WITHOUT REFUND OF ANY KIND WHATSOEVER.


INDEMNIFICATION


You hereby warrant that You will not use the information provided by Us in violation of any State, Federal or International law. Further, You agree to indemnify, defend, and hold Us harmless, as well as holding harmless Our parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney's fees, made by any third party or governmental agency arising out of or related to Your use of any service offered by Us or Your violation of this Agreement, including without limitation, claims or suits for libel, violation of rights of privacy or publicity, interference with property rights, trespass, violations of Federal , State or International Law, patent infringement, discrimination or plagiarism. We may, at Our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by You. The assumption of such defense or control by Us, however, shall not excuse any of Your indemnity obligations.


FORCE MAJEURE


We shall not be liable for delays or nonperformance of this Agreement caused by strike, fire or accidents, nor shall We be liable for delay or nonperformance caused by lack of availability of materials, fuel or utilities or for any other cause beyond Our control.


ASSIGNMENT


You may not assign the rights or obligations under this Agreement.


ENTIRE AGREEMENT


Except as modified or supplemented by a writing executed by both parties, the Terms and Conditions described herein are the only representations, warranties, and understandings between the parties with respect to the products and/or services described herein.


DISPUTE RESOLUTION AND ARBITRATION


In the event of a dispute You agree to attempt to resolve the dispute by contacting Us at [email protected] and entering into a resolution discussion prior to taking any other action. You must contact Us within one year of the issues causing the dispute. Failure to contact Us to attempt a dispute resolution prior to taking any other action will result in a breach of this Agreement by You. This Agreement and Your use of Our web site are governed by the laws of the State of Ohio.


You hereby understand and agree that any controversy or claim arising out of or relating to this contract, or the breach thereof, or any other disagreement between the Parties shall be settled in Akron, Ohio, by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If You wish to pursue arbitration, We will pay one-half the filing fee at the time of filing, subject to the arbitrator's final decision on the costs of arbitration.


You understand and agree that Your agreement to this arbitration clause will waive certain rights including Your right to a trial by jury, and Your right to a class action law suit.


SEVERABILITY


If any provision, or portion thereof, of this Agreement is held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, You and We agree that such invalidity shall not affect the validity of the remaining portions of this Agreement and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provisions.


SURVIVAL OF TERMS


All warranties and obligations of conduct by any party to this Agreement will survive the termination of this agreement.


HEADINGS


The headings of this Agreement are for convenience only and shall not be used to construe the meaning of this Agreement.


AGREEMENT UPDATES


This Agreement is effective as of December 3, 2018. We reserve the right to revise this policy from time to time without prior notice. You will be notified of any material changes in Our Terms of Service either by email or by a conspicuous posting on Our web site.