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IMMEDIATE RENT TERMS OF USE

Welcome to Immediate Rent! Immediate Rent is an online eco-system, where we are connecting tenants, landlords and service providers in one friendly place. Through Immediate Rent, you can find rental properties, as well as related services such as insurance, mortgage, repair and so many other related services.

These Terms of Use (the "Terms" or the "Agreement") set forth the binding legal agreement between you and Immediate Rent Inc. The Agreement governs your use of www.Immediate.Rent and all of the related websites, mobile apps, products and services offered by Immediate Rent, including but not limited our plug-ins and embedded content made available on other sites (collectively, the "Immediate Rent eco-system" or the "Immediate Rent Platform").

These Terms provide important information to you, including your agreement to grant rights to your content, our limitation of liability to you, your agreement to not take any actions against Immediate Rent, its directors, employees and contractors, but not limited, and, if you choose to provide us with your phone number, your agreement to receive calls and text messages from us in accordance with applicable law. By agreeing to these Terms, you agree to resolve all disputes through communication with Immediate Rent only, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or any type of representative actions.

We encourage you to review this Agreement carefully. Any use of the Immediate Rent Platform, including browsing www.Immediate.Rent, shall be governed by the Agreement. If you do not agree to any of the Terms, you should stop using the Immediate Rent Platform immediately.

1. Using the Immediate Rent Platform.

  1. Who can use it. You must be at least the age of majority in the province, state or territory where you live to use the Immediate Rent Platform. Use of the Immediate Rent Platform by anyone under 13 years of age is strictly prohibited!
  2. Registration. Access to certain functionalities of the Immediate Rent Platform will require you to register with us and to create a profile on our Platform. If you register with Immediate Rent, you agree to provide us accurate information and update it as needed for accuracy. We will treat personally identifiable information you provide as part of registration in accordance with our Privacy Policy. You also may have the option to register for an account by linking your Facebook or Google account.
  3. Privacy Policy. Our privacy practices are set forth in our Privacy Policy document. By using the Immediate Rent Platform in any way, you agree to the terms of the Privacy Policy, regardless of whether you are a registered user or not.
  4. Acceptable Use Policy. When using the Immediate Rent Platform, you agree to abide by common standards of etiquette and act in accordance with the law, as described further in our Acceptable Use Policy.
  5. Prohibited Products Policy. If you are a landlord, a service provider, professional, a vendor, or a seller, but not limited who is authorized to offer products and services through the Immediate Rent, you agree to abide by the Prohibited Product Policy.
  6. Termination. You may close your account (profile) at any time by going to account settings, Edit Profile and disabling your account. We may permanently or temporarily suspend your use of the site or the service at any time for any reason, without any notice or liability to you. We may terminate your account at any time for any or no reason, including if you violate any Immediate Rent policy (including the Acceptable Use Policy or Prohibited Products Policy, but not limited). Upon termination of your use of the service, certain provisions will survive termination, as detailed in Section 10(m).
  7. Feedback. We very welcome your feedback, comments and suggestions about how to improve the Immediate Rent Platform. Feel free to submit feedback at Contact Us page. We would like to know how we can serve you better. By submitting feedback in this or in any other manner to us, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to you.

2. Your Content.

  1. Definition of Your Content. The Immediate Rent Platform enables you to post materials, including without limitation listing and/or ad descriptions, listing and/or ads related photos, profile pictures, messages, and/or comments. You may also post reviews of third-party service providers, third-party products, or third-party services ("Reviews") later, when this functionality will be developed and implemented. All materials that you post on the Immediate Rent Platform will be referred to collectively as "Your Content." You acknowledge and agree that, as part of using the Immediate Rent Platform, Your Content may be viewed by the general public and will not be treated as private or confidential. You acknowledge and agree that, your content might be deleted, blocked by not limited without prior notice and without any explanation.
  2. License and Permission to Use Your Content. You hereby grant to us and our affiliates, licensees and sublicensees, without compensation to you or others, a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute Your Content, or any portion thereof, throughout the world in any format, media or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in Your Content. Such permission will be perpetual and may not be revoked for any reason, to the maximum extent permitted by law. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights, but not limited that you may have in Your Content. If you identify yourself by name or provide a picture and/or audio and/or video recording of yourself, your property(s) and/or your services, you further authorize us and our affiliates, licensees and sublicensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likeness throughout the world, and such permission will be perpetual and cannot be revoked for any reason, except as required by the applicable law. You further agree that we may use Your Content in any manner that we deem appropriate or necessary without limitations.
  3. Ownership. We acknowledge and agree that you, or your licensors, as applicable, retain ownership of any and all copyrights in Your Content, subject to the non-exclusive rights granted to us in the paragraph above, and that no ownership of such copyrights is transferred to us under this agreement. Further, with respect to Your Content in the form of text and/or photos and/or videos, and subject to Immediate Rent product and user experience considerations: (a) we will use commercially reasonable efforts to maintain the attribution of such tests, photos, videos as submitted by you, and (b) we will not license or sublicense to third parties individual photos or collections of photos, except in each case for Immediate Rent Business Purposes. "Immediate Rent Business Purposes" means any use in connection with an Immediate Rent-branded or co-branded website, application, publication or service, or any use which advertises, markets or promotes the Immediate Rent Platform, the services or the information it contains, Immediate Rent, or its affiliates. Immediate Rent Business Purpose specifically includes the use of Your Content on the Immediate Rent Platform in connection with features and functions offered by Immediate Rent to our users that enable them to view and interact with Your Content (such as Sketch, View in My Room and the embed tool).
  4. Your Responsibilities for Your Content. By posting Your Content on the Immediate Rent Platform, you represent and warrant to us that you have the ownership rights, or you have obtained all needed licenses or permissions from any necessary parties, to use Your Content in this manner. This includes obtaining the right to grant us the rights to the use of Your Content in accordance with this agreement. You are in the best position to judge whether Your Content is in violation of intellectual property or personal rights of any third-party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with Your Content. You are responsible for ensuring that your listing, posting, content but not limited does not violate Immediate Rent's Acceptable Use Policy, Prohibited Product Policy or Copyright and Trademark Policy or any applicable law or regulation. You agree to pay all royalties, fees and any other monies owed to any company and/or person by reason of Your Content.
  5. Limits. We reserve the right to edit, abridge, or remove Your Content, in whole or part, for any reason (which may or may not include a reported violation of our Acceptable Use Policy, Prohibited Product Policy or Copyright and Trademark Policy. We reserve the right to remove, edit or refuse to post Your Content submitted by you for any reason without notice. We do not guarantee that we will publish all of Your Content. If you seek to publish a Review, when this feature is ready, the requirements will be governed by our Review Policy.

3. Our Content and Materials.

  1. Definition of Our Content and Materials.  All intellectual property in or related to the Immediate Rent Platform (including, but not limited to, our software, the Immediate Rent logo, the Immediate Rent marks, and Immediate Rent links, buttons, badges, and widgets, but excluding Your Content), is the property of Immediate Rent Inc., its subsidiaries and affiliates or its licensors ("Our Content and Materials").
  2. Our License to You. Subject to these terms of use, including the restrictions below, we grant you a limited, non-exclusive license to use and access Immediate Rent eco-system, Our Content and Materials in connection with your use of the Immediate Rent Platform. Except as expressly agreed to otherwise by us (such as your eligibility for creation of a Profile, Account, creating listings, postings ads, using exchange or your entering into a service provider, vendor, seller, advertiser, Site Designer, Site Developer or other agreement with us), your use of the Immediate Rent Platform must be limited to personal, non-commercial use. We may terminate this license at any time for any reason. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
  3. No Endorsement or Verification. Please note that the Immediate Rent Platform enables access to third-party content, products and services, and it offers interactions with third-parties over which we have no control. We assume no responsibility for, nor do we endorse or verify the content, offerings or conduct of third-parties (including but not limited to the products or services offered by third-parties or the descriptions of the products or services offered by third-parties). For example, Immediate Rent does not conduct background checks or otherwise vet the properties listed or ads posted or service providers and professionals listed on the Immediate Rent Platform. Participation or availability on the Immediate Rent Platform does not amount to endorsement or verification by us. We make no warranties or representations with respect to the availability, accuracy, completeness or timeliness of any content posted on the Immediate Rent Platform by anyone.
  4. Restrictions. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Our Content and Materials without our express written permission. Immediate Rent's permission to you for your use of the Immediate Rent Platform expressly excludes commercial use by you of any information concerning listings, ads, services and product descriptions or professional listings for the benefit of another merchant. You expressly are prohibited from any use of data mining, robots, or similar data gathering and extraction tools in your use of the Immediate Rent Platform. You may view and print a reasonable number of copies of web pages located on the Immediate Rent Platform for your own personal use, provided that you retain all proprietary notices contained in the original materials, including attribution to Immediate Rent.
  5. Ownership. You acknowledge and agree that the Immediate Rent Platform and Immediate Rent logo and marks will remain the property of Immediate Rent. The content, information and services made available on the Immediate Rent Platform are protected by Canada, US and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. You acknowledge and agree that you do not acquire any ownership rights by using the Immediate Rent Platform.
  6. Immediate Rent Buttons, Links and Widgets. You have permission to use the Immediate Rent buttons, links and widgets, subject to these Terms of Use (including the disclaimers and limitations of liability) and the further understanding that: (a) your use of such buttons, links and widgets link only to the Immediate Rent Platform; (b) you will not modify such buttons, links, widgets or associated code in any manner; (c) you will not use any such buttons, links, widgets in any manner which implies or suggests that we endorse, sponsor, or recommend the website on which such buttons, links and widgets are used; and (d) the use of such buttons, links and widgets, and the website on which such buttons, links and widgets are used do not violate the Immediate Rent's f. Acceptable Use Policy or f. Prohibited Products Policy.

4. Other Offerings on the Immediate Rent Platform.

  1. Purchase of Goods through the Immediate Rent Shop.  Immediate Rent Shop and third-party sellers offer services, home goods, furniture, and other products for sale on the Immediate Rent Platform when we complete development. If you purchase products on the Immediate Rent Platform, your purchase is subject to the a. Immediate Rent Shop Terms of Sale. The availability of products sold by third-parties on the Immediate Rent Platform does not imply our endorsement or verification of the products or their descriptions.
  2. Plant and Seed Exchange.   Seed and plant exchanges are regulated by government laws. By participating in these forums, you agree that you will familiarize yourself with and follow all applicable local and national laws in your country. Additionally, you agree to follow our policy that: 1) you may not charge for seed or plant exchanges, but requiring pre-paid postage is permitted; and 2) you may not use the forum to seek exchange of plants or seeds with someone from another country. We expressly disclaim any liability with respect to plants or seeds offered through exchanges, but not limited.
  3. Third-Party Sites.  The Immediate Rent Platform may contain links to other websites (the " Third-Party Sites ") for your convenience or through Google Ads or similar. We do not control the linked websites or the content provided through such Third-Party Sites. Your use of Third-Party Sites is subject to the privacy practices and terms of use established by the specific linked Third-Party Site, and we disclaim all liability for such use. The availability of such links does not indicate any approval or endorsement by us.

5. Reporting Violations of Your Intellectual Property Rights, Immediate Rent Policies, or Applicable Laws.

We have a special process for reporting violations of your intellectual property rights or other violations of Immediate Rent policies or applicable laws.

  1. Copyright and Trademark Policy.  We have created, adopted and implemented a Copyright and Trademark Policy. For more information about how to submit a request for takedown if you believe content on the Immediate Rent Platform infringes your intellectual property rights, please read our Copyright and Trademark Policy or use Contact Us form.
  2. Reports of Other Violations.  If you believe listings and/or ads content on the Immediate Rent Platform violates Immediate Rent's Acceptable Use Policy, Prohibited Products Policy, or otherwise violates applicable law, we encourage you send us Contact Us form (for claims other than copyright or trademark).

We have no obligation to delete content that you personally may find objectionable or offensive. We endeavor to respond promptly to requests for content removal, consistent with our policies described above and applicable law.

6. Disclaimers and Limitations of Liability.

THE "IMMEDIATE RENT ENTITIES" MEANS IMMEDIATE RENT INC., AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:

  1. WE ARE PROVIDING YOU THE IMMEDIATE RENT PLATFORM, SERVICES, INFORMATION, PRODUCTS, PRODUCT DESCRIPTIONS, AND THIRD-PARTY CONTENT ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE IMMEDIATE RENT ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
  2. THE IMMEDIATE RENT ENTITIES MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (i) CONTENT POSTED BY ANY THIRD-PARTY ON THE IMMEDIATE RENT PLATFORM, (ii) THE SERVICE OR PRODUCT DESCRIPTIONS OR PRODUCTS, (iii) THIRD-PARTY SITES AND ANY THIRD-PARTY PRODUCT OR SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SITE, (iv) FROM THE EXCHANGES, AND (v) THE QUALITY OR CONDUCT OF ANY THIRD-PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SITE.
  3. YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, THE IMMEDIATE RENT ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE IMMEDIATE RENT ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF THE IMMEDIATE RENT ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF AND IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE IMMEDIATE RENT PLATFORM, SERVICES OR PRODUCTS. YOUR USE OF THE IMMEDIATE RENT PLATFORM, SERVICES, PRODUCTS, INFORMATION, OR SERVICES IS AT YOUR SOLE RISK.

7. Indemnification.

You agree to fully indemnify, defend, and hold the Immediate Rent Entities and their directors, officers, employees, partners, sponsors, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from:

  1. your breach of any part of this agreement, including but not limited to the Acceptable Use Policy and Prohibited Products Policy;
  2. any allegation that any materials you submit to us or transmit to the Immediate Rent Platform infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party;
  3. your activities in connection with the Immediate Rent Platform or other websites to which the Immediate Rent Platform is linked; and/or
  4. your negligent or willful misconduct.

8. Dispute Resolution.

If you have a dispute with Immediate Rent, you agree to contact us through Contact Us form to attempt to resolve the issue informally.

  1. Any Legal Action Waiver. You agree that you will never start any legal actions against THE "IMMEDIATE RENT ENTITIES" MEANS IMMEDIATE RENT INC., AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM.
  2. Class Action Waiver. You and Immediate Rent agree that any proceedings to resolve Disputes will be conducted on an individual basis and not in a class, consolidated, or representative action. This means that you and Immediate Rent both agree to waive the right to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and Immediate Rent agree otherwise in writing, the arbitrator in any Dispute may not consolidate more than one person's claims and may not preside over any form of class action proceeding.

9. Communications.

You are not required to agree to receive promotional text messages, calls or pre-recorded messages as a condition of using the Immediate Rent Platform.  By electing to submit your phone number and/or your email to us and agreeing to these Terms, you agree to receive communications from the Immediate Rent Entities, including via email, text messages, calls, pre-recorded messages, and push notifications, any of which may be generated by automatic telephone dialing or email sending systems. These communications include, for example, operational communications concerning your account or use of the Immediate Rent Platform, updates concerning new and existing features on the Immediate Rent Platform, communications concerning promotions run by us or third parties, and news relating to the Immediate Rent Platform and industry developments. Standard text message charges applied by your telephone carrier may apply to text messages we send.

If you wish to stop receiving promotional emails or promotional text messages, please send us Contact Us form and indicate your wish to stop receiving promotional emails or promotional text messages.

10. Miscellaneous.

  1. Notice for California Users. Under California Civil Code Section 1789.3, California users of the Immediate Rent Platform are entitled to the following specific consumer rights notice: The services are provided by Immediate Rent Inc., 285 Hamilton Avenue, 4th Floor Palo Alto, CA 94301. If you have a question or complaint regarding the Service, please contact Immediate Rent at legal@ImmediateRent.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs which may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
  2. Supplemental Terms for Certain Services. Certain services offered on the Immediate Rent Platform may require you to enter into a separate agreement and/or be subject to additional terms. For example: placement of advertisements, participation in brand services, service offering, offering products for sale in the Immediate Rent, each require you to enter into a separate agreement with terms specific to that service. In the event of any conflict between this Agreement and the terms of that separate agreement, the terms of that separate agreement will control.
  3. Application Provider Terms. If you access the Immediate Rent Platform through an Immediate Rent application, you acknowledge that this agreement is between you and Immediate Rent only, and not with another application service or application platform provider (such as Facebook Inc, Apple Inc. or Google Inc.), which may provide you the application subject to its own terms.
  4. Controlling Law and Jurisdiction.  This agreement will be interpreted in accordance with the laws of Alberta province, Canada, without regard to their conflict-of-law provisions.
  5. Export. The Immediate Rent Platform is controlled and operated from our Canada office in Alberta. Immediate Rent software is further subject to Canada export controls. No software for Immediate Rent may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations. You represent that you are not (1) located in a country that is subject to CANADA and/or a U.S. government embargo or that has been designated by CANADA and/or the U.S. government as a "terrorist supporting" country, and (2) listed on any CANADA and/or the U.S. government list of prohibited or restricted parties.
  6. Changes. We reserve the right at any time to:
    i. change the terms and conditions of this Agreement, consistent with applicable law;
    ii. change the Immediate Rent Platform, including eliminating or discontinuing any features, information or services in whole or in part; and
    iii. deny or terminate your Immediate Rent account, or use of and access to the Immediate Rent Platform.
    Any changes we make to the Terms will be effective immediately upon our making such changes available on the Immediate Rent Platform and posting notice of such changes on the Immediate Rent Platform or in another manner in our reasonable discretion. You agree that your continued use of the Immediate Rent Platform after such changes constitutes your acceptance of such changes. If you do not agree with any of the updates to this Agreement, you should not use the Immediate Rent Platform. Be sure to return to this page periodically to ensure your familiarity with the most current version of the Terms of Use.
  7. Languages. English is the authoritative text of this Agreement and all communications, notices relating to this Agreement will be made and conducted in English, even if we choose to provide translations of this Agreement into the native languages in certain countries.
  8. Assignment. No terms of this Agreement, nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sublicensable by you except with Immediate Rent's prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Immediate Rent may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion.
  9. Waiver. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
  10. Headings. Any heading, caption, or section title contained is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
  11. Further Assurances. You agree to execute a hard copy of this Agreement and any other documents, and take any actions at our expense that we may request to confirm and effect the intent of this Agreement and any of your rights or obligations under this Agreement.
  12. Entire Agreement/ Severability. This Agreement supersedes all prior terms, agreements, discussions and writings regarding the Immediate Rent Platform and constitutes the entire agreement between you and us regarding the Immediate Rent Platform. If any part of this Agreement is found to be unenforceable, then that part will not affect the enforceability of the remaining parts of the Agreement, which will remain in full force and effect.
  13. Survival: The following provisions will survive expiration or termination of this Agreement: Section 2 (Your Content), Section 3(d)(Restrictions) and 3(e)(ownership), Section 6 (Disclaimers and Limitations of Liability), Section 7 (Indemnification), Section 8 (Dispute Resolution) and Section 10 (Miscellaneous).
  14. Contact. Feel free to contact us by visiting Contact Us page with any questions about this agreement.

Last modified as of April 01, 2019