Online Rental Property Listing Agreement

Acceptance of this Online Rental Property Listing Agreement

When you have made your decision to list your rental property on our website, you as our esteemed advertiser or client hereby declare that you have read, understood and accepted the terms of this contract, henceforth referred to as "Agreement", with the rights, obligations and limitations contained therein, whether related to you as advertiser/client or us as publisher/provider or entities who are not participants of the Agreement known as third parties.

The terms in this Agreement describe your as well as our rights and commitments. They also govern our refund and warranty policies as well as our limitation of liability.

You must accept the terms of this Agreement as a condition for XpressHAND to list your rental property on our website.

Our Contact

In case of any question about the Agreement, you are always welcome to contact us here or through our mailing address published in this Agreement.

Parties Involved

"Advertiser" is you, the landlord or rental agent or leasing consultant or client of our service. "Advertiser" may also mean a recipient of a service sold, where the service is ordered and paid for by someone other than the recipient. A recipient shall have the same rights and obligations as Advertiser.

"Publisher" is we, the website, the owner of this website or XpressHAND.

"Third Party or Parties" are individuals or entities who are not "Advertiser" nor "Publisher", but who are indirectly involved in this Agreement, e.g. a subletor, a tenant, a leasing consultant, a real estate agent, a property manager, a supplier, a rental provider, an affiliate or a joint venture partner.

Legal Status of Advertiser

Advertiser assures Publisher that he is of legal age to enter into contractual agreement in the province or country where he is present when he makes this purchase and is the true and authorized owner of the credit card used to make this purchase, and therefore Publisher shall not be held responsible in any way for any breach of the law about the Advertiser's age.

Services or Membership Offered

Publisher offers services ---rental property listing service, advertising service, classified ads and newsletter subscription. Although efforts have been made to include all terms of the services in this Agreement, other specific terms may still be found on the respective pages of the services concerned, and Publisher hereby declares that such specific terms shall be an integral part of this Agreement and Advertiser shall also understand and accept them as such. Presentation about Publisher's products or services or membership found in Publisher's promotional materials, newsletters or email shall be a part of this description and together with the description found in this Agreement and on the above-mentioned respective pages shall constitute a complete description of Publisher's products, services or membership. Publisher offers products, services and membership and the word product in this Agreement may mean all elements offered in the sale, whether digital or dimensional, tangible or not tangible, a service or a membership, a licence or a right. The Advertiser understands and agrees that he has no right to duplicate, distribute or sell the product or service in any form whether for profit or not to any person for any reason.

Terms of this Online Rental Property Listings

A. General: Advertiser agrees that it is solely Publisher’s discretion to decide whether a certain property can be listed or not and thus, a request for posting a rental property does not mean automatic inclusion in Publisher's database.

B. Listing content. Advertiser declares that all information contained in his posting of his rental property on www.xpressshand.com is true and accurate, that no misrepresentations have been made and that no pertinent information that could discourage a renter or tenant has been excluded.

C. Single property listing. Each listing or advertisement is intended to advertise one property only. If you own or manage multiple properties that you would like to post or advertise, separate listings must be submitted or created.

D. Availability of website. While XpressHAND doubtless strives to provide the best possible service, Advertiser or Client acknowledges and agrees that our website www.xpresshand.com may not be functional or available perfectly all the time. The reasons for this include, but are not limited to unforeseen circumstances beyond XpressHAND's control, such as service outages, weather convulsions, equipment malfunctions, negligence or natural disasters. XpressHAND shall not be liable for any costs or damages resulting from the inaccessibility or disruptions of service to or within the website.

E. Fair property rental practices. You assume all responsibility to honour the agreements made between yourself and the renter(s) or tenant(s) of your property. XpressHAND shall not under any circumstances be accountable for any loss, damage or other costs incurred as a result of renting privately owned property nor shall XpressHAND be responsible for issuing refunds to renter(s) or tenant(s) for any reason.

Advertiser's Rights and Obligations

Advertiser agrees to have his data, personal information, address and telephone number be kept in Publisher's file and database and be used by Publisher to contact him for follow-up (email, mail, newsletter, product updates, product improvements, telephone calls) and post-sale activities. Advertiser agrees to permit Publisher to collect, store and use for sales activities information from or provided by electronic means from Advertiser.
Advertiser understands that cookies are placed on his computer that will furnish information to Publisher and communicate with Publisher’s computer to transmit and receive information.
Advertiser agrees that Publisher may publish for commercial purposes the full or partial content of any and all communication with Advertiser at Publisher’s sole discretion.
Advertiser, however, shall have the full right at any time to notify Publisher to stop soliciting him and/or to remove his name from Publisher’s file and database.
Advertiser assumes full responsibility for limiting or terminating contacts by any party including Publisher. Publisher, however, retains the right to contact Advertiser regarding information related to the product sold and for legal purposes.
In the case of a membership cancellation, Advertiser must send a notice to the address or email address found in this Online Rental Property Listing Agreement.
If Advertiser signs up for a membership on this site, the terms of membership as specified in the solicitation materials take precedence.
When Advertiser makes a purchase or signs up for a membership on this site for a service provided by a third party, Advertiser must look to the third party for additional warranties and Advertiser accepts and understands that the warranties available through this site, if any are offered or construed, are extremely limited and short.
Advertiser agrees that Publisher is not liable for communication made to Advertiser by parties unrelated to this purchase although referred to by Publisher. Advertiser accepts full responsibility for limiting unsolicited contact and Advertiser understands that he retains all rights to directly restrict communication or solicitation from any party including Publisher.

Limitation of Liability and Disclaimer

Although Publisher has taken proper caution to get the most information about the renter or tenant and Advertiser's property and the neighbourhood, Publisher shall by no means be liable for any claim, loss and/or damage of any nature arising out of Advertiser's dealing with the renter or tenant or of renting or leasing his property or of the environment where the property is located.
Advertiser also understands and agrees that Publisher shall not be responsible for any property damage, harm or loss of any nature related to Advertiser's rules and regulations, the rental property regulations or the Fair Housing Act. Any complaint with regard to the above should be directed to the appropriate party and not XpressHAND.
Although Publisher has done his best to find the tenant or renter, Advertiser must understand and accept that taste differs from one to another and Publisher shall not be liable for claim and loss resulting from this difference in taste of the renter or tenant.
Advertiser agrees and accepts that Publisher disclaims any liability for any information stated in Publisher's promotional materials that is unintentionally misleading or incorrect that might cause harm or damage to him or a third party or parties, including any harm and damage caused to Advertiser's computer or service or to third party's computer or service by viruses, worms or other corrupting agents.
Advertiser understands and agrees that Publisher shall not be liable for any solicitations made to Advertiser by other third parties, although referred to by Publisher.
Publisher disclaims liability for Advertiser's interactions with advertisers or other visitors or members of the site.
Advertiser agrees and accepts that Publisher disclaims liability for all unforeseen or consequential harm or damage or loss of any nature to him or others including that associated with taxes and regulations applicable to this product or service as well as all legal compliance issues that may result directly or indirectly from the purchase or use of Publisher's product or service.
Advertiser agrees and accepts that the maximum extent of the Publisher's total liability shall in no case amount to greater than the fee amount of the service.
Advertiser expressly accepts full responsibility for allowing others to use this service or product.Publisher disclaims any liability whatsoever as a result of Advertiser’s recommendations or leads with third parties concerning this service or product.
Advertiser agrees that Publisher disclaims liability for all misinformation contained on this website that causes damages directly or indirectly to Advertiser as a result of using Publisher’s service or product.
Where this disclaimer and claims made in sales and promotional materials are in conflict, this Online Rental Property Listing Agreement shall be controlling.
No warranties are made whatsoever about merchantability or fitness for any particular purpose and non-infringement of proprietary rights. The service is provided "as is" without warranty or guarantee of any kind, either express or implied. The Publisher warrants and guarantees absolutely nothing. There is no warranty period.
XpressHAND in any way is not liable for direct, indirect, incidental, special, consequential or exemplary damages (even if XpressHAND has been informed of the likelihood of such damages), resulting from any situation of your use of XpressHAND's website or service, whether the damages arise from use or misuse of XpressHAND's website or service, from inability to use XpressHAND's website or service or the interruption, suspension, modification, alteration or termination of XpressHAND's website or service. Such limitation shall also apply with regard to damages sustained by means of other services or products received through XpressHAND's website or service or any links on XpressHAND's site, as well as by means of information or advice received through XpressHAND's site or service.
Advertiser understands that some states in USA do not allow limitation of liability.

Indemnification

Advertiser undertakes to indemnify Publisher for any and all damage that Advertiser causes by using the service or information contained on this website that results in a damage award against the Publisher. You agree to indemnify and hold XpressHAND, its owners, officers, employees, subsidiaries, affiliates, successors, assigns, agents, service providers and suppliers harmless from any damage, claim or demand, including all legal fees and court costs, made by any third party due to material or content you post or make available thorough our site or service or your use of our site or service or your violation of our Terms of Use or your breach of any of the representations and warranties contained herein or your violation of any rights of another.

California OPPA of 2003

You are entering into a contract that may modify, restrict or eliminate rights you may have under the California Online Privacy Protection Act (OPPA) of 2003. Under our Privacy Policy and this Online Rental Property Listing Agreement, you waive any right to force this business or website to divulge when or to whom your information may have been provided to third parties. The required identifying information may include credit card information, social insurance (security) numbers, notarised copies of state or province issued id or other id, in the event we elect to divulge it at all. Additionally, under this Agreement you agree to use the Arbitration and Mediation Institute of Canada (AMIC) exclusively in any claim arising from the Terms of Use, Privacy Policy or Online Rental Property Listing Agreement, and not the courts of the state of California. You also agree that any cause of action is presumed to have arisen in the city and province of this business or website and not in the state of California, unless the website is located there, and not in the jurisdiction where the customer resides.

Publisher's Privacy Policy and Terms of Use

The Advertiser accepts and agrees to the Publisher's Privacy Policy and Terms of Use as posted on the Publisher's website.

Dispute Resolution

Arbitration

Advertisers, clients, users, visitors, members and subscribers of the website accept and agree to use binding arbitration for any claim, any dispute or contention of any nature (in contract, tort or otherwise) that arises out of the purchase of the website's product or service or of users' interaction on or with the website.

When there is a dispute, the Advertiser, client, user, visitor, member or subscriber of the website accepts and agrees to use arbitration, which shall be conducted in compliance with the rules of the Arbitration and Mediation Institute of Canada (AMIC) which are in effect on the date a dispute is submitted to the Arbitration and Mediation Institute of Canada. Information about the Arbitration and Mediation Institute of Canada in Ontario (AMIO), located in Toronto, its rules and its forms are available by contacting them at 416-487-4447. Hearing will take place in Kitchener, Ontario, Canada.

Advertisers, clients, users, visitors, members and subscribers of the website accept and agree that they have no right to go to court. Likewise, they disclaim their right to engage in pre-trial discovery except as provided in the rules and they will not have the right to join as a representative or member of any class of claimants related to any claim subject to arbitration. The arbitrator’s decision will be final and binding with limited rights of appeal.

The party who has lost the case shall bear all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees as well as travel expenses, of the prevailing party.

Governing Law

This Online Rental Property Listing Agreement shall be governed by the laws of the Province of Ontario, Canada.

Notice

Advertiser agrees to receive Notice of Changes, Litigation, Service of Process, Cancellation, Termination and Modification of service or product at the email address provided to Publisher on the ordering page. Advertiser agrees that the right to contact Advertiser concerning legal notice shall not be terminated by previously submitted "unsubscribed" notices and specifically agrees that any notification to cease contact shall not be binding upon Publisher in regards to Notice of Change, Litigation, Service of Process, Cancellation of Product or Service or Membership or Subscription, Termination of a program, product or website or Modification of the terms of service or product. Advertiser grants Publisher irrevocable right to contact him via mail or telephone concerning any of these issues irrespective of other rights Advertiser has to sever contact with Publisher.

Modification of Online Rental Property Listing Agreement

This Online Rental Property Listing Agreement cannot be modified in any manner between Publisher and Advertiser unless modifications are made in writing signed by both parties. However, Publisher has the right to modify this Online Rental Listing Agreement at any time for other Advertisers without notice to the present Advertiser.

Enforceability of Provisions

In case some provisions and terms of this Online Rental Listing Agreement are held to be invalid or unenforceable, the remainder of the provisions that are enforceable shall control. Advertiser and Publisher agree that if any provision is found to be invalid or unenforceable, the arbitrating panel will construe such provision to the maximum extent that it might be found to be valid or enforceable.

Relinquishment

Publisher's relinquishment of or failure to enforce any term of this Agreement shall not be interpreted as a modification or amendment of the Agreement or constitute a waiver of other breaches.

Copyright and Trademarks

Any commercial use of Publisher's listings or data in whole or in part, directly or indirectly, is expressly forbidden except with prior written consent of the owner of this website. Property database or listings and/or data may not be modified or altered in any respect, merged with other data or published in any form, in whole or in part. The prohibited uses include screen scraping, database scraping and any other activity intended to collect, store, reorganize, or manipulate or publish data produced by or displayed on Publisher's website.

Advertiser accepts and agrees that by submitting to Publisher or posting on Publisher's service his property listing or content he automatically grants, and he represents and warrants that he has the right to grant, to Publisher an irrevocable, non-exclusive, fully paid, worldwide licence to use, copy, display and distribute said content and to prepare derivative works of, or incorporate into other works, said content, as well as to authorize sublicences of the foregoing. Likewise, he automatically fully authorizes Publisher to ban any subsequent aggregation, display, duplication, reproduction or exploitation of said listing or content on Publisher's service by any party for any purpose.

Framing

Advertiser accepts and agrees that he may not under any circumstances frame Publisher's website in any manner that is different from how it would appear if a user typed the URL into the browser line.

Final Acceptance

Completion of this form and clicking the submit button below mean that you have read, understood and expressly accepted our Online Rental Property Listing Agreement, Terms of Use and Privacy Policy and warrant to the Publisher that said affirmative digital acceptance shall be deemed to be the same as if you had affixed your signature to this purchase contract.

Last Modified. This Online Rental Property Listing Agreement was last updated on: September 25, 2008