RI4RENT.COM TERMS OF USE

NOTICE TO PEOPLE UNDER 18 YEARS OF AGE AND THEIR PARENTS/GUARDIANS: PURSUANT TO PARAGRAPH 8 BELOW, NO ONE UNDER 13 IS PERMITTED TO USE RI4RENT.COM. ANYONE OVER 13, BUT UNDER 18, IS PERMITTED TO USE RI4RENT.COM ONLY UPON THE CONSENT OF HIS/HER PARENT OR LEGAL GUARDIAN WHO HAS READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS.

RI4RENT.COM WEBSITE AGREEMENT

This RI4rent.com Website Agreement (the “Agreement”) is between you, RI4rent.com (the “Site”) and its operating company, New England Online Properties, LLC (“NEOP”) with a principal place of business as 185 Putnam Pike – Suite 5, Chepachet, RI 02814. Use of any portion of the Site signifies your agreement to the terms and conditions of use set forth below in the Agreement:

(1) You acknowledge that you have read these Terms of Use and that you accept the terms hereof. YOU AGREE TO READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use the Site.

(2) NEOP may monitor your use of the Site, and may freely use and disclose any information and materials received from you or collected through your use of the Site for any lawful reason or purpose.

(3) Prospective and actual renters (“Renters”) may search the Site for available rental units (“Properties”) at no charge. Landlords/property managers (“Landlords”) are charged for inserting their Property advertisements on the Site. Landlords should review our fees and credits policy to see when and under what conditions a charge may be imposed. If you are a Landlord, by submitting your Property’s information, you consent to the placement of information about the Property on the Site, subject to our Privacy Policy and the Agreement. NEOP reserves the right to reject, suspend, and/or terminate, any Property advertisement submitted by Landlord for any reason, including but not limited to: (a) a determination that the Property advertisement violates the Agreement or any of our policies; and (b) the Landlord’s failure to pay amounts owing to NEOP.

(4) If you register an account or provide certain information via the Site, you agree to complete the account registration or other process by providing NEOP with current, complete and accurate information as requested by any forms. You are responsible for safeguarding any password that you use to access any areas of the Site. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify NEOP of any unauthorized use of your password.

(5) To assure the value of NEOP services, you agree that all of the information you have provided to NEOP, whether online or otherwise, is accurate and complete. Landlords shall be responsible for preparing and submitting the Property advertisements, and shall be solely liable for assuring that such advertisements are accurate, and comply with all applicable laws and our then-current advertising policy (as applicable).

(6) The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. All materials contained on the Site (the “Content”) are protected by copyright, patent, trademark, trade secret and/or other intellectual property laws, and are owned or controlled by NEOP, its licensors or other third parties credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Site. You may view, copy, download and print a single backup copy of the Content and other downloadable items displayed on the Site provided that: (a) if you are a potential or actual renter, the Content is used solely for personal, non-commercial purposes and, if you are a property owner/manager, the Content is used only for the purposes of using the services expressly offered by NEOP; (b) the Content is not modified or redistributed; and (c) all copyright, trademark, service mark and other proprietary notices are reproduced as they appear in any such Content, in each case, subject to the restrictions set forth in the Agreement. Except for this permitted use, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content, information, software, products or services obtained from the Site.

(7) By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to the Site, you hereby grant to NEOP a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against NEOP for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.

(8) NEOP may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, or Content. NEOP may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.

(9) You represent, warrant and covenant that: (a) you shall comply with all applicable laws, statutes, regulations and ordinances regarding your use of the Site and any related activities; (b) you shall not use the Site in any way prohibited by the Agreement; (c) you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials which (i) restrict or inhibit any other user from using and enjoying the Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; (d) you shall not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission; (e) you shall not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) except as provided for in this Agreement, copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from the Site without the prior expressed written permission of NEOP and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site; (f) you shall not use the Site to advertise the Property owned by another person unless you are the duly-authorized property manager, representative, or agent of the Property owner, and can bind such Property owner, and your representation of such person complies with all applicable laws; (g) you shall not circumvent or manipulate our fee structure, the billing process, or fees owed to NEOP; (h) you shall not impersonate another person or otherwise misrepresent your affiliation with another person or entity, conduct fraud, hide or attempt to hide your identity; and (i) you are at least eighteen (18) years old. If you are under eighteen (18) years old, but you are thirteen (13) years of age or older, you may use the Site only if your parent or legal guardian has read and agreed to these terms and conditions of use on your behalf, and specifically consents to your use of the Site. If you are under thirteen (13) years old, you are not permitted to use the Site.

(10) NEOP operates a platform for Landlords desiring to advertise Properties and the advertisements on the Site are based on information provided by the Landlords. Without limiting the generality of the foregoing, you acknowledge and agree that: (a) NEOP is not responsible in any way for the content in any such advertisements; (b) NEOP is not responsible for and does not participate in any actual lease transaction between a potential Renter and a Landlord, including, without limitation, negotiations, discussions, or proposals, and you expressly waive any requirement that purports to impose on NEOP an obligation to perform any services other than those expressly undertaken by NEOP; (c) NEOP does not render legal, brokerage, or other professional advice or services, and in the event you desire or need such services, NEOP strongly advises you to secure the same; (d) NEOP is not undertaking any, and has no, duties to either Renters or Landlords, including, without limitation, the obligation to inspect Properties to verify the veracity of information contained in an advertisement, or to interview or otherwise screen Renters; (e) NEOP is not responsible for the content of, nor does it endorse, the third-party websites to which you may link using this Site; (f) NEOP does not guarantee the accuracy of any information available on the Site, and is not responsible for any errors, omissions, or misrepresentations, whether made by Landlords, Renters or otherwise and all information obtained on the Site must be verified independently; (g) NEOP may make changes to its products and/or services and the Site at any time and without notifying you or receiving your consent; and (h) while NEOP complies with applicable state and federal laws, including federal civil rights laws, NEOP cannot guarantee that its users so comply. Accordingly, NEOP assumes no liability for Renters’ and/or Landlords’ failures to comply with such laws.

(11) You hereby agree to indemnify, defend and hold NEOP, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of your access to or use of the Site or any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. NEOP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of NEOP.

(12) Your access to and use of the Site is at your own risk. NEOP shall have no responsibility for any harm to your computer system, loss of data or other harm that results from your access to or use of the Site.

(13) NEOP does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. NEOP reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site.

(14) NEOP does not and cannot review all materials posted to the Site by users, and NEOP is not responsible for any such materials posted by users. However, NEOP reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in NEOP’s sole discretion are objectionable or in violation of the Agreement.

(15) THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEOP AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. FURTHER, NEOP AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEOP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEOP AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF OR RELIANCE ON THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. NEOP MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NEOP OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

(16) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER NEOP NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, CONTENT, OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT NEOP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT NEOP IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, NEOP WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES. YOU AGREE THAT THE AGGREGATE LIABILITY OF NEOP TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, CONTENT OR SERVICES IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO NEOP FOR ACCESS TO AND USE OF THE SITE, CONTENT OR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NEOP AND YOU.

(17) You acknowledge that transmissions to and from the Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to NEOP, no confidential, fiduciary, contractually implied or other relationship is created between you and NEOP other than pursuant to the Agreement.

(18) Protection of users’ privacy is very important to us and we will only use your information as described in our Privacy Policy. By using the Site and agreeing to these Terms of Use, you are also agreeing to abide by the Privacy Policy and all other agreements and policies posted on the Site.

(19) Without limiting any other provision in the Agreement, in the event you default under the Agreement, including without limitation, by failing to pay the specified advertising fees when due (in the case of a Landlord), we shall have the right to: (a) suspend any or all of your advertisements from the Site; (b) terminate the Agreement; (c) ban your future use of the Site; (d) impose interest on your past due amounts equal to the lower of 1.5% per month or the highest rate permitted by law; (e) impose an administrative service fee equal to five percent (5%) of all amounts past due; (f) reserve the right to condition your continued use of the Site on a fee increase, submission of a security deposit; and/or fee prepayment; and (g) exercise any and all rights and remedies available to us at law and in equity.

(20) The only right with respect to dissatisfaction with any policies, guidelines, or practices of NEOP, or any change in content, is for you to discontinue accessing the Site. NEOP may terminate or temporarily suspend your access to all or any part of the Site, without notice, for conduct that the NEOP believes is a violation of the Agreement or any policies or guidelines posted by NEOP, or for other conduct which NEOP believes, in its sole discretion, is harmful to NEOP or other users. NEOP may discontinue operating the Site and terminate the Agreement without notice at any time for any reason in its sole discretion. In the event of termination, you are no longer authorized to access the Site and the restrictions imposed on you with respect to content from the Site, as well as the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.

(21) The Agreement constitutes the entire agreement between NEOP and you with respect to your use of the Site. NEOP reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the Site. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of the Agreement shall continue in full force and effect. The failure of NEOP to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by the Agreement. The Agreement shall be governed by, and construed in accordance with the laws of the State of Rhode Island without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to the Agreement shall be an appropriate state or federal court located in the State of Rhode Island. NEOP, in its sole discretion may assign the Agreement; however, you may not assign your rights or obligations hereunder to anyone.

If you have any questions about the Agreement, you can contact us at:

New England Online Properties, LLC
185 Putnam Pike
Suite 5
P.O. Box 271
Greenville, RI 02828

Copyright © 2007, New England Online Properties, LLC.