| TERMS OF USE USER AGREEMENT RENTAL QUE, LLC THIS WEB SITE TERMS OF USE AGREEMENT (THIS “AGREEMENT”) IS A LEGAL DOCUMENT BETWEEN YOU AND RENTAL QUE LLC, LLC (“RENTAL QUE LLC”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS UNDER WHICH YOU MAY ACCESS THE RENTAL QUE LLC WEB SITE. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE RENTAL QUE LLC WEBSITE. BY ACCESSING THE RENTAL QUE LLC WEB SITE YOU INDICATE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU SHALL NOT USE OR ACCESS THE WEB SITE. WEB SITE TERMS OF USE This Agreement is made as of the Effective Date, by and between Rental Que LLC and you, as user of this site (“User”). Rental Que LLC and User agree to the terms and conditions of this Agreement in consideration of the benefits provided by the Web site www.rentalque.com (the “Web Site”) and the mutual benefits provided by the terms and conditions of this Agreement. The User agrees and acknowledges that RENTAL QUE LLC has developed and owns that certain website to network home owners and rental prospects for use and access by users through the Internet. User desires to access the RENTAL QUE LLC Web Site and use the Services (as defined below) in accordance with the terms and provisions of this Agreement. RENTAL QUE LLC desires to provide User access to the Website for purposes of obtaining information. DEFINITIONS Section 1.01 – Definitions: The following definitions shall apply to this Agreement: (1) Documentation: The term “Documentation” shall mean any and all written manuals, user’s guides, and Policy Statements concerning any data on the RENTAL QUE LLC Web Site as provided to User in printed or electronic form. (2) Effective Date: The term “Effective Date” shall mean the first date when User uses the Web Site. (3) Licensed Content: The term “Licensed Content” shall mean third party Technology incorporated in whole or part into the RENTAL QUE LLC Technology. (4) RENTAL QUE LLC Technology: The term “RENTAL QUE LLC Technology” shall mean the information on the RENTAL QUE LLC Web Site, System, Documentation, and any and all Technology developed by or for RENTAL QUE LLC. (5) RENTAL QUE LLC Web Site: The term “RENTAL QUE LLC Web Site” shall mean the Web Site developed by or for RENTAL QUE LLC, which is integrated with and implemented on the System and accessible by User via the Internet, including information, data, communication and text transmitted through the RENTAL QUE LLC Web Site and used or stored on the System. (6) Proprietary Information: The term “Proprietary Information” shall mean the data and Documentation and any and all information in connection with the RENTAL QUE LLC Technology which is disclosed to User by RENTAL QUE LLC or learned or obtained by User and is not: (i) conveyed to User by a third party; (ii) released by RENTAL QUE LLC without restriction; (iii) independently developed by User; and (iv) required by Court Order to be released by User. (7) Services: The term “Services” shall mean those certain services as provided by RENTAL QUE LLC to User through the RENTAL QUE LLC Web Site. (8) System: The term “System” shall mean computer systems and communications equipment owned or leased by RENTAL QUE LLC and used for hosting the Web Site and the Web Site content and functionality. (9) Technology: The term “Technology” shall mean any and all information, data, applications, methodologies, techniques, ideas, solutions, processes, adaptations, products, concepts, procedures, works of authorship, RENTAL QUE LLC Web Site, scripts, documentation, flow charts, diagrams, software libraries, databases, data structures, data models, data dictionaries, fields, records, screen displays and graphic interfaces. (10) User Content: The term “User Content” shall mean any and all User data and information used, stored on or transmitted through the System and provided by the User. SCOPE OF SERVICES Section 2.01 – Use of the Web Site: RENTAL QUE LLC grants User a non-exclusive and non-transferable license to use the RENTAL QUE LLC Web Site subject to the terms and conditions of this Agreement. User agrees to only use the Web Site for informational personal and not commercial purposes. Section 2.02 – Limited Services: You acknowledge that RENTAL QUE LLC is not a real estate broker, mortgage broker or mortgage lender, and RENTAL QUE LLC does not aid or assist borrowers in obtaining, solicit borrowers or lenders for, negotiate or make loans secured by liens on real property. Section 2.03 – User Content: User may input, retrieve, and modify User Content in connection with the Services using the RENTAL QUE LLC Web Site. User shall not modify any Data or information except User Content. Section 2.04 – Lawful Purpose: User represents and warrants that User access to the RENTAL QUE LLC Technology shall not violate any contract, statute, rule, regulation or other obligation under which User is bound. User represents and warrants that User shall not access the RENTAL QUE LLC Technology or Services to conduct or solicit the performance of any business or activity that is tortious or prohibited by law. Section 2.05 – Policy Statement: User shall comply with the Policy Statement. RENTAL QUE LLC may modify the Policy Statement from time to time in the exclusive discretion of RENTAL QUE LLC. TERM OF AGREEMENT Section 3.01 – Term of Agreement: This Agreement shall be in effect as of the time that User first uses the System and shall remain in effect for as long as the User uses the System. The terms of this Agreement shall remain in effect after User ceases using the System to the extent that such terms logically still apply to the past use by User. You understand and agree that RENTAL QUE LLC may terminate User’s use of the Web Site at any time for any reason. INTELLECTUAL PROPERTY Section 4.01 – Ownership and Title: Title to the RENTAL QUE LLC Technology (excluding Licensed Content), including ownership rights to patents, copyrights, trademarks and trade secrets in connection therewith shall be the exclusive property of RENTAL QUE LLC. You hereby grant an irrevocable, unlimited, perpetual, fully-paid, worldwide license to RENTAL QUE LLC to use, distribute, copy, , perform or display any User Content you provide. Section 4.02 – Reverse Engineering: Customer shall not reverse engineer the RENTAL QUE LLC Web Site and shall use reasonable efforts to prevent reverse engineering of the RENTAL QUE LLC Web Site. Section 4.03 – Modifications: User shall not copy the RENTAL QUE LLC Web Site and Documentation and shall not allow the RENTAL QUE LLC Web Site and Documentation to be copied without the prior written consent of RENTAL QUE LLC. User shall not modify the RENTAL QUE LLC Web Site and Documentation and shall not allow the RENTAL QUE LLC Web Site and Documentation to be modified without the prior written consent of RENTAL QUE LLC. If the RENTAL QUE LLC Web Site or Documentation is modified, such modifications shall be the sole and exclusive property of RENTAL QUE LLC and RENTAL QUE LLC shall own any and all of the rights, title, and interests to such modifications, including (but not limited to) any and all copyrights, patents, and trade secrets related thereto. Section 4.04 – Proprietary Information: User shall not disclose Proprietary Information. User shall hold Proprietary Information in strict confidence and shall not duplicate, use or disclose Proprietary Information except as otherwise permitted under this Agreement. User hereby acknowledges and agrees that the Proprietary Information derives independent economic value (actual or potential) from not being generally known to other persons who can obtain economic value from its disclosure or use and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use; is the subject of reasonable efforts under the circumstances to maintain its secrecy; and is a trade secret as defined under Florida law. Section 4.05 – No Contest: User shall not contest or aid in contesting the ownership or validity of the copyrights, trademarks, service marks and trade secrets of RENTAL QUE LLC in connection with the RENTAL QUE LLC Technology. Section 4.06 – Copyright Infringement: Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement should be sent to RENTAL QUE LLC’s Designated Agent set forth below. All inquiries must be filed in accordance with Title 17, United States Code, Section 512. Web Site Administrator RENTAL QUE LLC, LLC 5348 Watervista Dr. Orlando, FL 32821 Telephone: 407.409.8773 WARRANTY Section 5.01 – WARRANTY LIMITATION: RENTAL QUE LLC HEREBY DISCLAIMS AND USER HEREBY WAIVES ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY. THE RENTAL QUE LLC WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. RENTAL QUE LLC DOES NOT GUARANTEE OR WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE RENTAL QUE LLC WEB SITE. RENTAL QUE LLC DOES NOT MAKE ANY WARRANTY AND USER HEREBY WAIVES ANY AND ALL WARRANTIES AS TO THE RESULTS OBTAINED FROM THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF THE RENTAL QUE LLC WEB SITE. USER HEREBY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICES SHALL BE AT THE SOLE AND EXCLUSIVE RISK OF USER AND SUBJECT TO THE RESTRICTIONS, TERMS AND CONDITIONS, RULES, REGULATIONS, POLICIES, APPLICABLE LAWS AND THE POLICY STATEMENT GOVERNING THE SERVICES. RENTAL QUE LLC SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR HARM OR DAMAGES RESULTING FROM OR ARISING OUT OF USER INABILITY TO USE THE SERVICES. Section 5.02 – Inaccuracies: User hereby acknowledges that the Data may contain errors, inaccuracies and omissions. User shall assume any and all risk of loss, harm or damage associated with User access to and use of the RENTAL QUE LLC Technology. Section 5.03 – Express Warranties: User hereby acknowledges and agrees that RENTAL QUE LLC (including officers, employees, agents, directors and independent contractors of RENTAL QUE LLC) has not made or granted to User any express warranties concerning the RENTAL QUE LLC Technology. Section 5.04 – Limitation of Damages: RENTAL QUE LLC shall not be liable to User for any lost profits or consequential, exemplary, incidental or punitive damages, in connection with (i) use, performance or operation of the RENTAL QUE LLC Web Site or Services; (ii) use, performance or operation of the Internet or use of the Internet by User; and (iii) loss of Data, regardless of the form of action, whether in contract or in tort, including negligence, regardless of whether RENTAL QUE LLC has been advised of the possibility of such damages in advance or whether such damages are reasonably foreseeable. Section 5.05 – Remedies: The sole remedy for User for any reason and for any cause of action whatsoever in connection with this Agreement and the RENTAL QUE LLC Web Site or Services, regardless of the form of action, whether in contract or in tort, including negligence, shall be modification of the RENTAL QUE LLC Web Site, as determined by RENTAL QUE LLC. Section 5.06 – Force Majeure: RENTAL QUE LLC shall not be liable to User for failing to perform its obligations hereunder because of circumstances reasonably beyond the control of RENTAL QUE LLC. Such circumstances shall include (without limitation) any acts or omissions of any government or governmental authority, natural disaster, act of a public enemy, acts of terrorism, riot, sabotage, labor disputes, power failure, delays in transportation or deliveries of supplies or materials, acts of God, computer failure, hardware failure, telecommunications failure, software failure, failure of User to cooperate with the reasonable requests of RENTAL QUE LLC, breach of this Agreement by User, and any other events reasonably beyond the control of RENTAL QUE LLC. Section 5.08 – Content Warranty: User represents and warrants that any and all information provided by User in connection with this Agreement, Services, and the User Content are true, accurate, complete and current. Section 5.09 – Indemnification: User shall release, defend, indemnify and hold harmless RENTAL QUE LLC from and against any and all claims, liability, losses and damages arising in connection with: (1) User access to the RENTAL QUE LLC Technology; (2) use of the Services by User; (3) the User Content; and (4) breach of this Agreement by User. Section 5.10 – Export Assurance: User shall not disclose, export, distribute or transfer any Data to any third party individual or entity or any division, affiliate or subsidiary of User located in any country other than the United States. User shall not perform any act in conflict with or in violation of the export laws and regulations of the United States. Section 5.11 – Loss of User Content: Programming, design errors, maintenance of the RENTAL QUE LLC Web Site or Services, or unauthorized access to the RENTAL QUE LLC Web Site or Services may result in the loss of User Content. RENTAL QUE LLC shall not be responsible for any loss of User Content. MISCELLANEOUS Section 6.01 – Assurances: User represents and warrants that all representations, warranties, recitals, statements and information provided to RENTAL QUE LLC under this Agreement are true, correct and accurate as of the Effective Date. Section 6.02 – Entire Agreement: This Agreement contains the entire understanding of the parties relating to the RENTAL QUE LLC Technology and supersedes all previous verbal and written agreements between RENTAL QUE LLC and User relating to the RENTAL QUE LLC Technology. The Policy Statement (as modified by RENTAL QUE LLC from time to time) is incorporated herein by this reference and made a part of this Agreement. Section 6.03 – Continuation: The terms and provisions of Articles I, III, IV, V, and VI of this Agreement shall survive termination and cancellation of this Agreement. Section 6.04 – Amendments and Modifications: Excepting modifications to the Policy Statement, any alteration, modification or amendment of this Agreement shall be void unless such alteration, modification or amendment is in writing and signed by the parties hereto. Section 6.05 – Severability: If a provision of this Agreement is rendered invalid the remaining provisions shall remain in full force and effect. Section 6.06 – Captions: The headings and captions of this Agreement are inserted for convenience of reference and do not define, limit or describe the scope or intent of this Agreement or any particular section, paragraph, or provision. Section 6.07 – Counterparts: This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Section 6.08 – Governing Law: This Agreement is governed by the laws of the State of Florida, without regard to any rules of conflict or choice of laws that require the application of laws of another jurisdiction, and venue shall be the appropriate court, in and for Orange County, Florida. Section 6.09 – User Notice: All notices shall be in writing. Notices to User shall be deemed delivered when delivered electronically, by commercial overnight delivery service, by Certified or Registered Mail - Return Receipt Requested - or by hand to an address set forth for User as maintained in RENTAL QUE LLC’s records. Notices to User shall be deemed given on the date notice is delivered electronically or by hand to User or on the date of receipt by User (as evidenced in the case of Certified or Registered Mail by Return Receipt), whichever occurs first. Notices delivered to User electronically (including, without limitation, electronic mail) shall be deemed written notices. Section 6.10 – RENTAL QUE LLC Notice: Notices to RENTAL QUE LLC shall be deemed delivered when delivered by commercial overnight delivery service, Certified or Registered Mail - Return Receipt Requested - or by hand to the person and address set forth below for RENTAL QUE LLC. Notices to RENTAL QUE LLC shall be deemed given on the date notice is received by RENTAL QUE LLC (as evidenced in the case of Certified or Registered Mail by Return Receipt). RENTAL QUE LLC 5348 Watervista Dr. RENTAL QUE LLC Orlando, FL 32821 USA Section 6.12 – Equitable Remedies: The parties hereby acknowledge that damages at law may be an inadequate remedy to RENTAL QUE LLC. In addition to all other remedies that may be available at law or equity, RENTAL QUE LLC shall have the rights of specific performance and injunction in the event of a breach or threatened breach of this Agreement by User. Section 6.13 – Waiver: Waiver of a breach of this Agreement shall not constitute a waiver of any other breach. All remedies under this Agreement are in addition to equitable remedies and remedies provided by law. Failure to enforce any provision of this Agreement shall not constitute a waiver or create an estoppel from enforcing such provision. Any waiver of a provision of this Agreement shall not be binding unless such waiver is in writing and signed by the waiving party. Section 6.14 – Assignments: Any and all assignments of rights hereunder by User shall be void. Section 6.15 – Public Announcements: All public announcements concerning the RENTAL QUE LLC Technology or the relationship of User and RENTAL QUE LLC under this Agreement shall be subject to the prior written approval of RENTAL QUE LLC. Section 6.16 – Litigation Expense: In the event of litigation arising out of this Agreement, the non-prevailing party shall pay costs and reasonable attorneys’ fees to the prevailing party. | |||