Terms of Use

Terms of Use

1. Acceptance of terms of use and amendments
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. This Web site is a service made available by Sobotka Holdings LLC Internet Technologies Division, an Illinois corporation doing business as E-Rental Tools.com (referred to as " E-Rental Tools"). Your use of this site is expressly conditioned on your acceptance of the following Terms of Use and the E-Rental Tools Privacy Policy. By accessing or using this Web site, any of E-Rental Tools's products, software, services, or Web sites, or downloading or viewing any materials (referred to collectively as the "Services"), you are signifying that you have read and agreed to all applicable guidelines, policies, regulations and rules set forth herein or otherwise provided by E-Rental Tools and you signify your assent to these Terms of Use. You are responsible for regularly reviewing these Terms of Use. Continued use of the Service after any such changes shall constitute your consent to such changes. If you do not agree with any part of the following Terms of Use, you must not access the Services or any materials or otherwise use this site.

2. License and restrictions
2.1 Grant of License. By offering this Web site for use, E-Rental Tools provides you with a nonexclusive, nontransferable, revocable, limited license to access and make personal use of the Services (expressly excluding any services or software offered on the Web site for which a subscription is required and for which you currently do not subscribe), strictly subject to and in accordance with these Terms of Use. Except for the limited license set forth in these Terms of Use, E-Rental Tools does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, trade secrets, or other proprietary or intellectual property rights.

3. The service
This web site and the services provided to you on and via this web site are provided on an "AS IS" basis. You agree that E-Rental Tools reserves the right to modify or discontinue provision of this web site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you, E-Rental Tools will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information. E-Rental Tools's rights under this Section include, but are not limited to, the right to temporarily discontinue the availability of the Software on any day and time in order to implement maintenance and upgrades to the Services. You agree that E-Rental Tools shall not be liable to you or to any third party for any modification, suspension or discontinuance of the availability of the Services.

4. Your responsibilities and registration obligations
In order to use this web site or certain parts of it, you may be required to register for a user account on this web site; in this case, you agree to provide truthful information when requested, and -- if a minimum age is required for eligibility for a user account -- you undertake that you are at least the required age. By registering for a user account, you explicitly agree to this site's Terms of Use, including any amendments made by E-Rental Tools that are published herein. You authorize E-Rental Tools to make any inquiries we consider necessary to validate your identity either directly or through third parties and may include requests for further information. E-Rental Tools may request, at its discretion: (i) financial information; (ii) credit reports;(iii) confirmation of ownership of your email address;or (iv) verification of your information against third party sources.

5. Registration and password
You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify E-Rental Tools of any unauthorized use of your user account, user name or password.

6. Your conduct
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("content"), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. E-Rental Tools will not be responsible to you in any way for content displayed on this web site, nor for any error or omission.

By using this web site or any service provided, you explicitly agree that:
(a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this web site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
(b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
(c) you will not collect or harvest any information about other users;
(d) you will not provide, and you will not use this web site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this web site to promote or operate any service or content without E-Rental Tools's prior written consent;
(e) you will not provide any content that may give rise to E-Rental Tools being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including -- but not limited to -- laws relating to copyrights, trademarks, patents, trade secrets or other intellectual property rights;
(f) you will not send or receive what we reasonably believe to be fraudulent funds;
(g) you will not use the E-Rental Tools Services to conduct business in a manner that results in or may result in disputes, complaints, fees, reversals, chargebacks, claims, fines, penalties,or other liability to E-Rental Tools, third parties, other Users, or to you;
(h) you will not take or participate in any actions constituting credit card fraud, check fraud, money laundering, or use the Service to take a cash advance from your credit card;
(i) you will not take any action that may cause us to lose any of the services from our service providers, payment processors, or other suppliers;
(j) you will not use any robot, spider, other automatic software or device, or manual process to monitor or copy the Services or any content or information offered in connection with the Services without E-Rental Tools's prior written consent;
(k) you will not reproduce, duplicate, copy, download, sell, resell, or otherwise exploit the Services, or any portion thereof, for commercial purposes without E-Rental Tools's prior written consent;
(l) you will not make any use of the trademarks, service marks, trade names, logos, and graphics used in connection with the Services without E-Rental Tool's prior written consent;
(m) you will not remove, decompile, disassemble, reverse engineer, or create compilations or derivative works of the Services or any portion thereof;
(n) you will not use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities, or users of the Services; and
(o) you will not hold E-Rental Tools liable for the violation of the above terms or any other illegal activity not foreseen at this time.

7. Submission of content on this web site
By providing any content to this web site:
(a) you agree to grant E-Rental Tools a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant E-Rental Tools the license specified in this section;
(c) you acknowledge and agree that E-Rental Tools will have the right (but not obligation), at E-Rental Tools'sentire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.

8. Notices
All required notices shall be in writing and shall be delivered to the address notified by the parties to each other by a means evidenced by a delivery receipt, by facsimile, or by e-mail. Notice shall be deemed to have been given upon (i) personal delivery; (ii) the second business day after mailing; (iii) 48 hours after sending by confirmed facsimile; or (iv) 48 hours after sending by e-mail. Notices to E-Rental Tools shall be addressed to the attention of its President.

9. Relationship
Your use of the Services is independent of E-Rental Tools and not as an employee, agent, partner, or joint venture with E-Rental Tools for any purpose.

10. Third-party services
Goods and services of third parties may be advertised and/or may be made available on or through this web site. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. E-Rental Tools will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.

11. Termination
The license granted pursuant to these Terms of Use may be terminated by you at any time by discontinuing use of the Services and by destroying all copies of downloaded or cached materials in your possession or control. E-Rental Tools reserves the right to terminate this license at any time and for any reason. Your failure to comply with these Terms of Use will result in automatic termination of this license, without prior notice, and you must immediately destroy all copies of downloaded or cached materials in your possession or control.

12. Payments and fees
E-Rental Tools will make electronic transfers through the Automated Clearing House ("ACH") system when subscribing to the E-Rental Tools online bill payment service. The Property Manager will pay a one-time setup fee to be eligible to accept payments through the bill payment service. A convenience fee willbe assessed to the Tenant or Condominium Owner to use the bill payment service at time of payment, and E-Rental Tools will collect these fees.The Property Manager may choose to pay this fee for the Tenant or Condominium Owner at their discretion. E-Rental Tools may at any time increase fees for access to the bill payment service or to portions of the service. All fees and charges incurred through your account will be at the rates in effect for the billing period in which such charges and fees are incurred. Any changes in pricing will be sent a at least 30 days in advance of such changes as a notice to the email address associated with your account. By using the Service, you acknowledge that (i) E-Rental Tools is payment processing service and is not a bank or provider of banking services, and (ii) E-Rental Tools is acting as only an agent and custodian with respect to your funds and is not acting as a fiduciary, trustee, or escrow. Property Managers must sign agreement(s) with our third party payment processing partner and will be subject to underwriting in order to be eligible for set up with a merchant account and use ofthe online bill payment services. E-Rental Tools is not liable for any damages caused by merchant account processing and delays. Please refer to the payment processor agreement for additional information regarding merchant services.

13. Financial transactions
E-Rental Tools shall not be responsible or liable in any way for loss incurred as result of (i)returned checks; (ii) insufficient funds; (iii) chargebacks; (iv) reversals; (v) retrieval fees; (vi) recall fees;(vii) excessive returns fees; (viii) early funding fees; (ix) account maintenance fees;(x) fraud; or (xi) any unforeseeable unsuccessful transactions or fees associated with those transactions. In the event that a payment is returned for any reason, E-Rental Tools will not attempt to collect fundsand will alert the affected parties of the returned payment. E-Rental Tools does not inherit the risk, assumed or otherwise, for any transaction performed through the bill payment services. E-Rental Tools is in no way a collections agency and does not provide any guarantees of payment through use of the bill payment services.

14. Forms and Documents
E-Rental Tools forms and documents are provided solely as a service to you and are not intended to provide professional, financial, commercial, investment, tax, accounting, or legal advice. You acknowledge and agree that the forms and documents do not constitute legal advice or representation. You must consult an attorney before using the forms and documents, and any use of or reliance on the forms and documents shall be wholly at your own risk. The forms and documents are provided exclusively for your own personal, non-commercial use. The forms and documents must not be used for purposes of distribution, resale, third-party use, public display, or any other uses by you in any manner or form. The use of the forms and documents is subject to the Terms of Use. E-Rental Toolsshall in no way be liable for any damages or expenses (including attorney's fees) arising from or in association with the use of the forms and documents.

15. Indemnification
You agree to indemnify and hold harmless E-Rental Tools and E-Rental Tools 's representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this web site or service, your provision of content, your violation of these Terms of Use, or any other violation by you of the rights of another person or party.

16. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND OF ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU "AS IS", AND E-RENTAL TOOLS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
E-RENTAL TOOLS MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER E-RENTAL TOOLS NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT E-RENTAL TOOLS WILL NOT BE HELD LIABLE IN ANY WAY.
Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.

17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT E-RENTAL TOOLS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF E-RENTAL TOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.
Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website or the products or services sold in this website), shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website or the products or services sold in this website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website or the products or services sold in this website.In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.For all purposes, E-Rental Tools is an independent contractor and owes no duty to users other than those defined in this agreement. E-Rental Tools does not have control of or liability for the products or services that are paid for with our Service. E-Rental Tools does not guarantee the identity of any user.

18. Reservation of rights
E-Rental Tools reserves all of E-Rental Tools's rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that E-Rental Tools may have in respect of this web site, its content, and goods and services that may be provided. The use of E-Rental Tools's rights and property requires E-Rental Tools'sprior written consent. By making services available to you, E-Rental Tools is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this web site or provided services without E-Rental Tools'sprior written consent.

19. Notification of copyright infringement
If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, the E-Rental Tools copyright agent may be contacted via: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

20. Applicable law
You agree that these Terms of Use and any dispute arising out of your use of this web site or products or services provided will be governed by and construed in accordance with local laws applicable at E-Rental Tools's domicile, notwithstanding any differences between the said applicable legislation and legislation in force at your location. By registering for a user account on this web site, or by using this web site and the services it provides, you accept that jurisdiction is granted to the courts having jurisdiction over E-Rental Tools's domicile, and that any disputes will be heard by the said courts.

21. Waiver of jury trial
Each party hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to these Terms of Use or any license granted hereunder.

22. Injunctive relief
Each party acknowledges that any violation by that party of its covenants in these Terms of Use (if any) relating to intellectual property rights, confidential or proprietary information, or trade secrets would result in damage to the other party that is largely intangible but nonetheless real, and that is incapable of complete remedy by an award of damages. Accordingly, any such violation shall give the other party the right to a court-ordered injunction or other appropriate order to specifically enforce those covenants. The party against whom any such injunction is entered agrees to pay to the other party any reasonable expenses, including but not limited to attorney's fees, incurred in obtaining such specific enforcement (in addition to any other relief to which the other party may be entitled).

23. Attorney's fees
In the event any action is brought to enforce any provision of these Terms of Use or to declare a breach of these Terms of Use, E-Rental Tools shall be entitled to recover, in addition to any other amounts awarded, reasonable legal and other related costs and expenses, including attorney's fees, incurred thereby.

24. Survival
The obligations of the parties under these Terms of Use that by their nature would continue beyond the termination, cancellation or expiration of the license(s) granted hereunder, shall survive termination, cancellation, or expiration of such license(s).

25. Refund policy
Services are paid for one month in advance and are non-refundable.

26. Cancellation policy
Cancellation of accounts with E-Rental Tools is permissible at anytime with no additional fees. Cancellation of bill payment service merchant accounts with our payment processor is subject to a cancellation fee if cancelled within the first year of service. This cancellation fee may be changed at the discretion of the payment processor and is subject to the terms of the merchant account agreement.

27. Miscellaneous information
(i) In the event that any provision of these Terms of Use is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain valid and applicable; (ii) The failure of either party to assert any right under these Terms of Use will not be considered to be a waiver of that party's right, and the said right will remain in full force and effect; (iii) You agree that any claim or cause in respect of this web site or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation; (iv) E-Rental Tools may assign the our rights and obligations under these Terms of Use; in this event, E-Rental Tools will be relieved of any further obligation.

 

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Effective as of April 14, 2012

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