PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT USE THIS WEB SITE.
In order to use b2d.esearch4homes.com ("Site" or "B2DES4H" or "Company"), you agree to be bound by these Terms & Conditions ("Site Terms"). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with the Company, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that you and such entity agree to indemnify the Company for violations of these Terms.
This agreement contains a required arbitration provision. By accepting these Terms, you agree that any claim or dispute (as defined in Section 7) will be resolved through final and binding individual arbitration rather than in a court proceeding. You may choose to opt out of this arbitration requirement by following the opt-out process described in Section 7 below. This provision also includes a waiver of class or representative actions, meaning that claims must be brought on an individual basis and not as part of any class, collective, or representative proceeding.
The Company reserves the right to change or modify any of the terms and conditions contained in these Site Terms or any policy or guideline of the Site, at any time without notice and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site following the posting of changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
In consideration of your use of B2DES4H, you agree to: (1) provide accurate, current and complete information about yourself as prompted by the registration form and (2) maintain and promptly update your personal contact information to keep it current and complete. If you provide any information that is untrue, inaccurate, inappropriate or not current, or if B2DES4H has reasonable grounds to suspect that such information is untrue, inaccurate, inappropriate or not current, B2DES4H has the right to refuse any and all current or future use of the site.
Unless otherwise specified, B2DES4H grants you a non-exclusive, non-transferable, limited right to access, use and display this website and the material provided hereon, for your personal, noncommercial use, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights as a user of, or subscriber to, this website and/or any of our e-mail newsletters.
You agree that you shall only use the Site and content in a manner that complies with all applicable laws in the jurisdictions in which you use the Site, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. Except as specifically authorized herein, you may not: (i) modify, translate, distribute or create derivative works of the Site; (ii) copy or redistribute the Content on the Site; (iii) rent, lease, transfer, or otherwise transfer rights to the Content or the Site; (iv) remove any proprietary notices or labels on the Content or Site; and (v) add to, alter, delete from, or otherwise modify the Content or the Site.
The materials on B2DES4H's web site are provided "as is". B2DES4H makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, B2DES4H does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS OR PRODUCTS CONTAINED OR FEATURED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE COMPANY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE COMPANY'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO COMPANY FOR ACCESS TO OR USE OF THE SITE.
You agree to indemnify and hold B2DES4H, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of these Terms & Conditions and/or any breach of your representations and warranties set forth above.
All questions relating to this website's validity, interpretations, performance and enforcement, including the Terms & Conditions, shall be governed by and construed in accordance with the laws of the State of Pennsylvania. Any action relating to this website's validity, interpretations, performance and enforcement, including the Terms & Conditions, must be brought in the federal or state courts located in Pennsylvania, and you irrevocably consent to the jurisdiction of such courts. Our failure to enforce your strict performance of any provision of these Terms & Conditions will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this policy. Any waiver, amendment or other modification of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of B2DES4H.
B2DES4H will not be responsible or liable to you for any delay or failure to perform under these Terms & Conditions if such delay or failure results from fire, explosion, labor dispute, earthquake, casualty or accident, lack or failure of transportation facilities and/or services, lack or failure of telecommunications facilities and/or services including Internet services, epidemic, flood, drought, or by reason of war, civil commotion, blockade or embargo, act of God, any inability to obtain any requisite license, permit or authorization, or by reason of any law, proclamation, regulation, ordinance, demand or requirement of any government or by reason of any other cause whatsoever, whether similar or dissimilar to those enumerated, beyond the reasonable control of B2DES4H. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Software from this Site (the "Software") is further subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
The materials appearing on B2DES4H's web site could include technical, typographical, or photographic errors. B2DES4H does not warrant that any of the materials on its web site are accurate, complete, or current. B2DES4H may make changes to the materials contained on its web site at any time without notice. B2DES4H does not, however, make any commitment to update the materials.
Please read this section carefully, as it affects your legal rights.
By accessing or using this website or any services provided by Company, you agree that most disputes between you and Company will be resolved through final and binding individual arbitration rather than in court. Arbitration is a private dispute resolution process conducted before a neutral arbitrator instead of a judge or jury. By agreeing to arbitration, you waive the right to bring claims in court or to have a jury decide your dispute, and certain court procedures such as discovery and appeal rights may be limited.
This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1–16).
Agreement to Arbitrate. You and Company agree that any dispute, claim, or controversy arising out of or relating to your use or attempted use of the website or services, your relationship with Company, or these Terms and Conditions will be resolved exclusively through binding arbitration, except as otherwise stated below.
For purposes of this Section, a “Claim” includes disputes based on contract, statute, regulation, tort, fraud, misrepresentation, or any other legal theory, and applies to claims involving Company, its affiliates, service providers, marketing partners, or related third parties. You agree that such third parties are beneficiaries of this arbitration agreement.
Class Action Waiver. All Claims must be brought solely in an individual capacity. You agree not to participate in any class action, collective action, consolidated proceeding, or representative action. The arbitrator may not consolidate claims or preside over any form of class or representative proceeding.
If this class action waiver is determined to be unenforceable, this entire arbitration provision shall be void.
Informal Pre-Dispute Resolution. Before initiating arbitration, you agree to first provide Company with written notice describing the dispute and the relief requested so the parties have an opportunity to resolve the matter informally.
You may submit your written notice by email or through the contact form available on the website, including:
Company will review the notice and both parties agree to attempt good-faith resolution for sixty (60) days following receipt of the notice before arbitration may be initiated.
Exceptions to Arbitration. Either party may bring an individual action in small claims court if the claim qualifies and remains on an individual basis. Arbitration does not apply to disputes involving trade secrets, patent rights, copyrights, or trademarks.
Company will not require arbitration for properly filed small claims matters while they remain pending in that court.
Commencement of Arbitration. Any arbitration must be initiated within one (1) year after the Claim arises. Claims brought after this period will be barred to the fullest extent permitted by law.
Arbitration may occur in the federal judicial district where you reside, by telephone, or through written submissions if both parties agree.
Arbitration Administrator and Arbitrator Authority. Arbitration will be administered by JAMS under its Comprehensive Arbitration Rules and Procedures, or comparable rules selected by Company. The matter will be decided by a single neutral arbitrator who is a retired judge or an attorney experienced in the subject matter of the dispute.
The arbitrator shall have exclusive authority to determine the interpretation, applicability, enforceability, and scope of this arbitration provision.
Fees and Costs. Company will pay required filing, administrative, and arbitrator fees associated with initiating arbitration. Each party will remain responsible for its own attorneys’ fees, expert fees, and related expenses unless applicable law provides otherwise.
Company agrees not to seek attorneys’ fees unless the arbitrator determines a claim was frivolous or brought in bad faith.
Arbitration Decision. The arbitrator may award any individual remedy permitted by applicable law, including monetary damages or injunctive relief. The decision will be in writing and will be final and binding, subject only to limited review under the Federal Arbitration Act.
Survival and Severability. This arbitration provision survives termination of your relationship with Company, assignment, transfer, or bankruptcy. If any portion of this Section other than the class action waiver is deemed unenforceable, the remaining provisions shall remain in full force and effect.
No Waiver. Failure or delay in enforcing this arbitration provision does not waive the right to require arbitration of future disputes.
Changes to This Arbitration Provision. Company reserves the right to modify this arbitration provision at any time. Continued use of the website or services following updates constitutes acceptance of the revised terms. Material changes will include notice and an opportunity to opt out where required by law.
Right to Opt Out. You may opt out of this arbitration agreement within thirty (30) days of your first use or attempted use of a Company service, whichever occurs first.
To opt out, you must submit a written opt-out request by:
Your request must include your name, contact information, and a clear statement that you wish to opt out of arbitration.
Opt-out requests submitted after the thirty (30) day period will not be valid, and disputes will be resolved through arbitration as described in this Section.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray the Company or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Company logo or other proprietary graphic of the Company to link to this Site without the express, prior written permission of the Company. Further, you may not use, frame or utilize framing techniques to enclose any Company trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without the Company's express, prior written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of the Company or any third party.
The Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of the Company and the Company is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. The Company provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by the Company of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
The Company may provide links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. The Company does not monitor or have any control over any Third Party Content or third party Web sites. The Company does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. The Company does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.
B2DES4H may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
As a part of the service B2DES4H provides to our users, we communicate via e-mail and other means to inform you of enhancements or changes in offerings, services, or other relevant information targeted to your interests. Details of these communication efforts are noted within the Privacy Policy. Users have the option to remove themselves from various e-mail communications by following the conditions listed within the message or by following the procedures as noted in the Privacy Policy. B2DES4H reserves the right at any time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice.
Please refer to our Privacy Policy for information on how the Company collects, uses and discloses personally identifiable information from its users.
These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Pennsylvania, applicable to agreements made and to be entirely performed within the State of Pennsylvania, without reference to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in Dauphin County, Pennsylvania and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
Questions or comments about the Site may be directed to the Company at the email address myrent2ownhome@myrent2ownhome.com