Inc. Terms and Conditions of Use
1. ACCEPTANCE OF TERMS
of this website is governed by the terms and conditions described below.
Please read them carefully. Your use of this website indicates your
acceptance of these terms and conditions.
StableRenters, Inc. reserves the right to make modifications to these
Terms & Conditions of Use at any time and without notice to users.
You accept the obligation to review these Terms & Conditions of
Use prior to each use, and your use of this website constitutes an acceptance
to be bound by any modifications. These Terms and Conditions of Use
are referred to hereafter as the Agreement. In addition, when
using particular StableRenters, Inc. owned or operated services, you
and StableRenters, Inc. shall be subject to any posted guidelines or
rules applicable to such services, which may be posted from time to
time. All such guidelines or are hereby incorporated by reference into
2. DESCRIPTION OF SERVICE
term Service shall mean the Internet web pages, data, analyses, screens,
reports, documentation, spreadsheets, photographs, maps and other information
of any kind that are accessible through the StableRenters, Inc. web
application, which application is currently located at various URLs
owned and operated by StableRenters, Inc., as well as all updates, enhancements
and modifications thereto, and all intellectual property contained therein.
In addition, the meaning of Service shall include all correspondence,
email, or data sent by StableRenters, Inc. personnel or agents.
also understand and agree that the Service may include advertisements
or links to third party websites. You also understand and agree that
the Service may include certain communications from StableRenters, Inc.,
such as service announcements, administrative messages and various emails,
which may include attachments. Unless explicitly stated otherwise, any
new features that augment or enhance the current Service, including
the release of new StableRenters, Inc. properties, shall be subject
to the Agreement. You understand and agree that the Service is provided
"AS-IS" and that StableRenters, Inc. assumes no responsibility
for the timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings. You are responsible for
obtaining access to the Service, and that access may involve third-party
fees (such as Internet service provider or airtime charges). You are
responsible for those fees. In addition, you must provide and are responsible
for all equipment necessary to access the Service.
Information. User acknowledges and agrees that: (i) the Service,
including, without limitation, any modifications, enhancements and updates,
and any originals and copies thereof, in whole or in part, and all intellectual
property rights therein (collectively, Proprietary Information), is
owned by StableRenters, Inc. and its third party content providers (Content
Providers), as applicable; (ii) the Proprietary Information contains
valuable copyrighted and proprietary material of StableRenters, Inc.;
(iii) the Proprietary Information is licensed, rather than sold, to
User pursuant to this Agreement; and (iv) User has no rights in the
Proprietary Information, other than the rights and licenses granted
to User pursuant to this Agreement. StableRenters, Inc. may disclose
additional information to User in the form of upgrades, documentation
or other support during the term of this Agreement and User agrees that
such information shall also be deemed Proprietary Information.
User hereby acknowledges that StableRenters, Inc. may disclose to User,
as part of or in conjunction with Proprietary Information, valuable
confidential information of StableRenters, Inc.. User agrees to hold
all such confidential information in confidence and not to disclose
such confidential information to anyone other than User's employees
with a bona fide need to know, provided such employees are governed
by a parallel confidentiality obligation of equal or greater force.
Additionally, User agrees to use at least that degree of care which
User uses to protect User’s own information of a similar confidential
nature, but in no event less than reasonable protection. Excluded from
such confidential information is information which, as proven by User
by clear and convincing evidence, was in Users possession without confidential
limitation prior to disclosure, is known or becomes known to the general
public without breach of this Agreement, is received rightfully by User
without confidentiality limitations from a third party, or is disclosed
publicly by StableRenters, Inc. without substantially similar confidentiality
restrictions. This confidentiality obligation is to survive the termination,
expiration or cancellation of this Agreement for any cause whatsoever,
and to remain in force in perpetuity.
Services. User is prohibited from, and shall not, develop, market
or sell any Competitive Service based on or derived in any way from
Proprietary Information or from the benefits of know-how resulting from
access to or work with StableRenters, Inc.’s confidential information.
The term benefits of know how means information in non-tangible form
which may be retained by persons who have had access to the Confidential
Information, including ideas, concepts, know how or techniques contained
4. YOUR REGISTRATION OBLIGATIONS
consideration of your use of the Service, you represent that you are
of legal age to form a binding contract and are not a person barred
from receiving services under the laws of the United States or other
applicable jurisdiction. You also agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the Service's
registration form (the "Registration Data") and (b) maintain
and promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or StableRenters, Inc. has reasonable
grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, StableRenters, Inc. has the right to suspend
or terminate your account and refuse any and all current or future use
of the Service (or any portion thereof).
5. USER CONDUCT
Inc. curates publicly accessible New York City government data, provides
a platform for users to write comments, and in some cases uses this
data to issue grades, ratings and other information derived from this
data. StableRenters, Inc. does not control the New York City government
data displayed or the comments expressed by its users, and does not
guarantee the accuracy, integrity or quality of such content. All comments
are solely the views of the posting user. All grades or ratings are
solely the opinions of StableRenters, Inc. and are not to be perceived
as government statements. StableRenters, Inc. does not guarantee any
uniformity or methodology of its opinions.
understand that by using the Service, you may be exposed to Content
that is offensive, indecent or objectionable. Under no circumstances
will StableRenters, Inc. be liable in any way for any Content, including,
but not limited to, any errors or omissions in any Content, or any loss
or damage of any kind incurred as a result of the use of any Content
made available via the Service.
You agree to not use the Service to:
- make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a StableRenters, Inc. official, falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as forums) that are designated for such purpose
- 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;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law;
acknowledge that StableRenters, Inc. may or may not pre-screen Content,
but that StableRenters, Inc. and its designees shall have the right
(but not the obligation) in their sole discretion to pre-screen, refuse,
or move any Content that is available via the Service, including, but
not limited to, for sale listings and photographs. Without limiting
the foregoing, StableRenters, Inc. and its designees shall have the
right to remove any Content that violates the Agreement or is otherwise
objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In this regard,
you acknowledge that you may not rely on any Content created by StableRenters,
Inc. or submitted to StableRenters, Inc., including without limitation
information in StableRenters, Inc. forums and in all other parts of
acknowledge, consent and agree that StableRenters, Inc. may access,
preserve and disclose your account information and Content if required
to do so by law or in a good faith belief that such access preservation
or disclosure is reasonably necessary to: (a) comply with legal process;
(b) enforce the Agreement; (c) respond to claims that any Content violates
the rights of third parties; (d) respond to your requests for customer
service; or (e) protect the rights, property or personal safety of StableRenters,
Inc., its users and the public.
understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
understand that the Service and software embodied within the Service
may include security components that permit digital materials to be
protected, and that use of these materials is subject to usage rules
set by StableRenters, Inc. and/or content providers who provide content
to the Service. You may not attempt to override or circumvent any of
the usage rules embedded into the Service. Any unauthorized reproduction,
publication, further distribution or public exhibition of the materials
provided on the Service, in whole or in part, is strictly prohibited.
6. INTERSTATE NATURE OF COMMUNICATIONS ON STABLERENTERS, INC. NETWORK
you register with StableRenters, Inc., you acknowledge that in using
StableRenters, Inc. services to send electronic communications (including
but not limited to search queries, uploading photos and files to StableRenters,
Inc., and other Internet activities), you will be causing communications
to be sent through StableRenters, Inc.'s computer networks, portions
of which are located in New York and other locations in the United States
and portions of which may be located abroad. As a result, and also as
a result of StableRenters, Inc.’s network architecture
and business practices and the nature of electronic communications,
even communications that seem to be intrastate in nature can result
in the transmission of interstate communications regardless of where
you are physically located at the time of transmission. Accordingly,
by agreeing to this Agreement, you acknowledge that use of the service
results in interstate data transmissions.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
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.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Inc. does not claim ownership of Content you submit or make available
for inclusion on the Service. However, with respect to Content you submit
or make available for inclusion on publicly accessible areas of the
Service, you grant StableRenters, Inc. the following worldwide, royalty-free
and non-exclusive license(s), as applicable:
- With respect to Content other than photos or graphics you submit or make available for inclusion on the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
agree to indemnify and hold StableRenters, Inc. and its subsidiaries,
affiliates, officers, agents, employees, partners and licensors harmless
from any claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of Content you submit, post,
transmit or otherwise make available through the Service, your use of
the Service, your connection to the Service, your violation of the Agreement,
or your violation of any rights of another.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
acknowledge that StableRenters, Inc. may establish general practices
and limits concerning use of the Service, including without limitation
the maximum number of days that uploaded Content will be retained by
the Service and the maximum number of times (and the maximum duration
for which) you may access the Service in a given period of time. You
agree that StableRenters, Inc. has no responsibility or liability for
the deletion or failure to store any Content maintained or transmitted
by the Service. You acknowledge that StableRenters, Inc. reserves the
right to log off accounts that are inactive for an extended period of
time or exceed StableRenters, Inc.’s usage limits, which
are determined at the sole discretion of StableRenters, Inc.. You further
acknowledge that StableRenters, Inc. reserves the right to modify these
general practices and limits from time to time.
11. MODIFICATIONS TO SERVICE
Inc. reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that StableRenters, Inc.
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because StableRenters, Inc. has no control
over such sites and resources, you acknowledge and agree that StableRenters,
Inc. is not responsible for the availability of such external sites
or resources, and does not endorse and is not responsible or liable
for any Content, advertising, products or other materials on or available
from such sites or resources. You further acknowledge and agree that
StableRenters, Inc. shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by
or in connection with use of or reliance on any such Content, goods
or services available on or through any such site or resource.
13. STABLERENTERS, INC.'S PROPRIETARY RIGHTS
acknowledge and agree that the Service and any necessary software used
in connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you
through the Service or by advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except
as expressly authorized by StableRenters, Inc. or advertisers, you agree
not to modify, rent, lease, loan, sell, distribute or create derivative
works based on the Service or the Software, in whole or in part.
Inc. grants you a personal, non-transferable and non-exclusive right
and license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy,
modify, create a derivative work from, reverse engineer, reverse assemble
or otherwise attempt to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any right in the
Software. You agree not to modify the Software in any manner or form,
nor to use modified versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to the Service. You
agree not to access the Service by any means other than through the
interface that is provided by StableRenters, Inc. for use in accessing
the Service. You agree not to access or copy any portion of the Service
through any automated viewing and downloading systems.
DISCLAIMER OF WARRANTIES
EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. STABLERENTERS, INC. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- STABLERENTERS, INC. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STABLERENTERS, INC. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
15. LIMITATION OF LIABILITY
EXPRESSLY UNDERSTAND AND AGREE THAT STABLERENTERS, INC. AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL
NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF STABLERENTERS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
16. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
you intend to create or join any service, receive or request any news,
messages, alerts or other information from the Service concerning investments
or real estate transactions, please read the above Sections 18 and 19
again. They are especially relevant to you. In addition, for this
type of information particularly, the phrase "Let the investor
beware" is apt. The Service is provided for informational purposes
only, and no Content included in the Service is intended for investing
or real estate transaction purposes. StableRenters, Inc. and its licensors
shall not be responsible or liable for the accuracy, usefulness or availability
of any information transmitted or made available via the Service, and
shall not be responsible or liable for any investment or real estate
transaction decisions based on such information.
17. NO THIRD-PARTY BENEFICIARIES
agree that, except as otherwise expressly provided in this Agreement,
there shall be no third-party beneficiaries to this agreement.
Inc. may provide you with notices, including those regarding changes
to the Agreement, by email, regular mail or postings on the Service.
19. ADHERENCE TO LOCAL, STATE, AND FEDERAL LAWS
You agree that
you are solely responsible for your use of StableRenters, Inc., including
names, addresses, and telephone numbers. You agree that you are aware
of any local, state, and federal laws regarding the use of such information,
including but not limited to privacy, do-not-mail, and do-not-call statutes,
and you shall observe all such laws. You agree to indemnify and hold
StableRenters, Inc. and its subsidiaries, affiliates, officers, agents,
employees, partners and licensors harmless for any breach of such laws
on your part.
Agreement. The Agreement constitutes the entire agreement between
you and StableRenters, Inc. and governs your use of the Service, superseding
any prior agreements between you and StableRenters, Inc. with respect
to the Service.
of Law and Forum. The Agreement and the relationship between you
and StableRenters, Inc. shall be governed by the laws of the State of
New York without regard to its conflict of law provisions. You and StableRenters,
Inc. agree to submit to the personal and exclusive jurisdiction of the
courts located within the county of Kings, New York.
and Severability of Terms. The failure of StableRenters, Inc. to
exercise or enforce any right or provision of the Agreement shall not
constitute a waiver of such right or provision. If any provision of
the Agreement is found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and
the other provisions of the Agreement remain in full force and effect.
Right of Survivorship and Non-Transferability. You agree that your
StableRenters, Inc. account is non-transferable and any rights to your
StableRenters, Inc. ID or contents within your account terminate upon
your death. Upon receipt of a copy of a death certificate, your account
may be terminated and all contents therein permanently deleted.
of Limitations. You agree that regardless of any statute or law
to the contrary, any claim or cause of action arising out of or related
to use of the Service or the Agreement must be filed within one (1)
year after such claim or cause of action arose or be forever barred.
The section titles in the Agreement are for convenience only and have no legal or contractual effect.