Thank you for using the Rentometer Service API! By using the Rentometer Service Outbound API (the "Service") owned by Investment Instruments Corporation (the "Company "), you ("You") accept and agree to be bound by the Terms of Use for the Rentometer found at http://Rentometer.com as well as these additional terms and conditions (the Rentometer Service Outbound API "Terms of Use").
1.0 Service
1.1 Description of Services
The use of Rentometer Service Outbound API consists of HTTP, HTTPS, XML, JSON, RSS, and other web standards and technologies that allow You to display the Rentometer Service results on your website, subject to the limitations and conditions described below. The Rentometer Service Outbound API allows You to display Rentometer Service evaluations of rental real estate only, and does not provide You with the ability to access the underlying Rentometer Service Data, any services provided by Company in connection with its Rentometer Service, or any other Company service.
Subject to the limitations and conditions described below, You may use the Service to display Rentometer Service results in conjunction with other information You provide to end users. The Service may be used only in conjunction with services that are generally accessible to consumers without charge.
In order to obtain the Service Outbound API, You must have a Rentometer Service Account. After supplying the Company with Your account information, the URL of your service, and agreeing to this Agreement, You will be issued an alphanumeric key assigned to You by Company that is uniquely associated with your Company Account and the URL of your service. Your service must import the Rentometer Service Data using a Rentometer Service API ID, and Company will block requests with an invalid key or invalid URL. Company shall have sole and complete control over the Rentometer Service Data.
If you are approved by Company for the Service, you will be subject to these Terms of Use, you may access the Service, implement the Service on your Web site(s), and distribute Rentometer Service Data to consumers for their personal use without charge on your Web site(s), all in accordance with the Service Branding Requirements .
1.2 Modifications
The Company reserves the right to release subsequent versions of the Service and to require You to obtain and use the most recent version. The Company may modify this Agreement at any time with or without notice, and You can review the most current version of the Rentometer Service Outbound API Terms of Use online at any time at http://www.rentometer.com/rentometer/termsoutbound . If a modification is unacceptable to You, You may cancel the Service by removing the Rentometer Service and Data results from Your Site. If You continue to use the Service on any Site, You will be deemed to have accepted the modifications.
1.3 Conduct
The Service may be only be used for services that are generally accessible to consumers without charge.
You agree that You are responsible for your own conduct and content while using the Service and for any consequences thereof. You agree to use the Service only for purposes that are legal, proper and in accordance with this Agreement and any applicable policies or guidelines.
You agree to not use the Service to: (a) upload, post or otherwise transmit 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; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a Company official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post or otherwise transmit any Content that you do not have a right to transmit 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); (e) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post or otherwise transmit 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; (g) 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; (h) intentionally or unintentionally violate any applicable local, state, national or international law; (i) "stalk" or otherwise harass another; (j) collect or store personal data about other users; (k) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. (l) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of Company services or collect information about users for any unauthorized purpose; (m) submit Content that falsely expresses or implies that such Content is sponsored or endorsed by Company; (n) create user accounts by automated means or under false or fraudulent pretenses.
International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.
2.0 Rentometer Service Outbound API Requests There is a limit of 1,000 Service requests per day per Rentometer Service Outbound API key. If you exceed this 24-hour limit, the Service may stop working for you temporarily. If you continue to abuse this limit, your access to the Service may be blocked permanently.
Proprietary Rights
3.1 Company Rights
For purposes of these Terms of Use, "Intellectual Property Rights " shall mean any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. As between You and Company, You acknowledge that Company owns all right, title and interest, including without limitation all Intellectual Property Rights, in and to the Service and that You shall not acquire any right, title, or interest in or to the Service, except as expressly set forth in the Terms of Use.
3.2 Brand Feature Licensing
For purposes of the Terms of Use, "Brand Feature Licensing" shall be defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as secured by such party from time to time. Company hereby grants You a nontransferable, nonsublicenseable, nonexclusive license during the Term to display Rentometer Service Brand Features for the purpose of promoting or advertising that You use the Service in accordance with this Section (3.2) and for the purpose of fulfilling Your obligations under Section 3.3 below. You hereby grant to Company a nontransferable, nonexclusive license during the Term to use Your Brand Features to advertise that You are using the Service.
In using Rentometer Service Brand Features, you may not:
display a Company Brand Feature in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by the Company, other than your involvement in the Service, or that can be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of the Company or Company personnel;
use Company Brand Features to disparage the Company, its products or services;
display a Company Brand Feature on your site if it contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age;
have the Service logo as the largest logo on your website;
display a Company Service Brand Feature as the most prominent element on any page of your website;
display a Company Brand Feature in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to the Company;
display a Company Brand Feature on a site that violates any law or regulation; or
remove, distort or alter any element of a Company Brand Feature (this includes squeezing, stretching, inverting, discoloring, etc.).
You understand and agree that Company has the sole discretion to determine whether your use of Service is in accordance with the above restrictions.
Except as set forth in this Section, nothing in the Terms of Use shall grant or shall be deemed to grant to one party any right, title or interest in or to the other party's Brand Features. All use by You of Service Brand Features (including any goodwill associated therewith) shall inure to the benefit of Company. At no time during or after the Term shall You challenge or assist others to challenge Company Brand Features (except to the extent such restriction is prohibited by law) or the registration thereof by Company, nor shall You attempt to register any Brand Features (including domain names) that are confusingly similar in any way (including but not limited to, sound, appearance and spelling) to those of any domains owned by Company.
3.3 Attribution; Legal Notices
Images provided to You through the Service may contain the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of the Company and its partners. You may not delete or in any manner alter these trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You agree to maintain, and not to remove, modify, obscure or alter, any link or notices appearing on any map image provided through the Service. You acknowledge and agree that that these Legal Notices supplement the Terms of Use for the Service.
Privacy Policy Company's collection and use of personal information is governed by the Company Service Privacy Policy, available at http://rentometer/privacy.com . You understand and agree that Company may access, preserve, and disclose Your personal information and the contents of Your account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights, property and/or safety of the Company, its affiliates or the public. Personal information collected by the Company may be stored and processed in the United States or any other country in which the Company or its agents maintain facilities. By using the Service, You consent to any such transfer of information outside of your country.
Indemnity
You agree to hold harmless and indemnify the Company, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of the Service, violation of these Terms of Use or any other actions connected with use of Company services including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Company will provide You with written notice of such claim, suit or action.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INVESTMENT INSTRUMENTS CORPORATION EXPRESSLY DISCLAIMS 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.
b. THE COMPANY MAKES 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.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DONE 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 ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM COMPANYSERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY 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 COMPANY 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.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Term and Termination
9.1 Term
The term of the Terms of Use shall commence on the date upon which you agree to the Terms of Use and shall continue in force thereafter, unless terminated as provided herein.
9.2 Termination
The Company may change, suspend or discontinue all or any aspect of the Service, including their availability, at any time, and may suspend or terminate Your use of the Service at any time. This includes, without limitation, the right to set, at the Company's own discretion and at any time, a maximum number of images you may access through the service without the Company's prior written consent.
In addition, either party may terminate the Terms of Use at any time, for any reason, or for no reason including, but not limited to, if You engage in any action that reflects poorly on the Company or otherwise disparages or devalues the Rentometer Brand Features or the Company's reputation or goodwill. If You desire to terminate the Terms of Use, You must remove the Service from Your Site.
9.3 Rejection of Application
The Company shall have the right, in its sole discretion, to reject any request to use the Service at any time and for any reason, and such rejection shall render null and void the Terms of Use between You and the Company. The Company shall not be liable to You for damages of any sort resulting from its decision to reject such a request.
9.4 Effect of Termination
Upon the termination of the Terms of Use for any reason (i) all license rights granted herein shall terminate and (ii) You shall immediately delete any and all images, Rentometer Data and Rentometer Brand Features.
9.5 Survival
The provisions of Sections regarding refunds, privacy, content and ownership of data, advertisements and promotions, conduct, indemnity, disclaimers of warranties and liability, limitations of warranty and liability, support, copy write, term and termination and the general provisions shall survive the expiration or termination of this agreement for whatever reason whatsoever.
9.6 Remedies
You acknowledge that Your breach of service/license restrictions contained herein may cause irreparable harm to the Company, the extent of which would be difficult to ascertain. Accordingly, You agree that, in addition to any other remedies to which the Company may be legally entitled, the Company shall have the right to seek immediate injunctive relief in the event of a breach of such sections by You or any of Your officers, employees, consultants or other agents.
9.7 Third Party Beneficiaries
Nothing in the Terms of Use should be construed to confer any rights to third party beneficiaries.
General Information
Entire Agreement . The Terms of Service constitute the entire agreement between You and the Company and govern your use of the Service, superceding any prior agreements between You and the Company. You also may be subject to additional terms and conditions that may apply when You use or purchase certain other Company services, affiliate services, third-party content or third-party software.
Choice of Law and Forum . The Terms of Service and the relationship between You and the Company shall be governed by the laws of the State of Massachusetts without regard to its conflict of law provisions. You and the Company agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Middlesex , Massachusetts .
Force Majeure . Company shall not be responsible or liable for any damages to you by reason of any extraordinary event, such as state or governmental action, war, terrorism, riot, labor dispute or strike, accident, fire, flood, storm, natural catastrophe or prolonged shortage of energy supplies, theft, disruption in connectivity or any other cause beyond the reasonable control of Company.
Waiver and Severability of Terms . The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service 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 Terms of Service remain in full force and effect.
Statute 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 Company services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.