Terms and Conditions of Use
These website terms and conditions of use for www.BeRenting.ca constitute a legal agreement and are entered into by and between you and BeRenting Inc. ("Company," "we," "us," "our"). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these "Terms and Conditions"), govern your access to and use, including any content, functionality, and services offered on or through www.BeRenting.ca (the "Website").
BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, FOUND AT PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.
By using this Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Definitions
"User" refers to any individual or entity accessing, browsing, or using the Website or its Services, including but not limited to creating an account, submitting content, or interacting with other Users.
"Content" means any and all text, images, graphics, videos, audio, information, data, or other material that is submitted, posted, displayed, or otherwise made available on or through the Website by Users or BeRenting.
"Services" refers to all features, functionalities, tools, resources, and services provided or made available through the Website, including but not limited to the Rating and Review System, property listings, and communication tools.
"Rating and Review System" is a feature provided by BeRenting on the Website that allows Users to rate and review tenant profiles and properties based on their experiences and interactions with each other.
"Tenant Profile" refers to the personal information, preferences, and rental history of a User who is seeking to rent a property, as provided by the User on the Website.
"Property Listing" means the information, images, and descriptions of a rental property provided by a User who is seeking to rent out their property on the Website.
Modifications To The Terms And Conditions And To The Website
We reserve the right in our sole discretion to revise and update these terms and conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.
The information and material on this Website, and the Website, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.
We reserve the right to modify these Terms and Conditions at any time, and it is your responsibility to review them periodically for any changes. By continuing to use the Website after such changes are posted, you agree to be bound by the updated Terms and Conditions.
Your Use Of The Website And Account Set-Up And Security
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website. Users are required to ensure that all persons who access the Website through a user's internet connection are aware of these Terms and Conditions and comply with them. The Website, including content or areas of the Website, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You may not impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any other person or entity.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Your provision of registration information and any submissions you make to the Website through any functionality such as applications, chat rooms, e-mail and messaging system, message boards, profiles, forums, bulletin boards, Listings (as later defined), references, lease agreements, repair requests, notice forms, viewing schedulers and other such functions (collectively, "Interactive Functions") constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found at Privacy Policy.
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
You are limited to creating one (1) account for each of the following user categories:
We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.
You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner's ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Website.
Intellectual Property Rights and Ownership
You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
The Company name, the Company logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You may only use the Website for your personal use or for certain legitimate business purposes relating to your role as a property owner, property manager, landlord or leasing agent. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except:
Users are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
If you print off, copy or download any part of our Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
Conditions Of Use And User Submissions And Site Content Standards
As a condition of your access and use, you agree that you may use the Website only for lawful purposes and in accordance with these Terms and Conditions.
The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, "submit") to the website, to other users or other persons (collectively, "User Submissions") and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.
Without limiting the foregoing, you warrant and agree that your use of the Website and any User Submissions shall not:
We have the right to monitor and review all communications between Landlords and Tenants through the messaging platform. We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
By submitting Content to the Website, you retain ownership of your Content but grant BeRenting a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, and display your Content in connection with the Website and its services.
In addition, and as set in these Terms and Conditions, we may take a range of actions against you, including but not limited to sending a warning, removing or disabling access to any or all of your User Submissions or deactivating or cancelling your account.
Termination of Accounts
BeRenting reserves the right, in its sole discretion, to suspend or terminate any User's account and access to the Website and its Services for any reason, including but not limited to the following:
In the event of account termination, BeRenting may, at its sole discretion, remove or delete any Content associated with the terminated account, including but not limited to ratings, reviews, tenant profiles, and property listings. Users whose accounts have been terminated are not entitled to any refunds, credits, or compensation for any fees paid or other losses incurred as a result of the termination.
BeRenting will not be liable to any User or third party for any suspension or termination of a User's account or access to the Website or its Services. Users may also terminate their accounts voluntarily by contacting BeRenting's customer support at the email address provided in the Reporting and Contact section of these Terms and Conditions.
Rating and Review System
By using BeRenting services, you acknowledge and agree to participate in our rating and review system, which allows landlords or property managers to rate tenant profiles and tenants to rate properties listed on BeRenting. You agree to provide accurate, non-misleading, and fair ratings and reviews based on your experiences.
You further agree that the ratings and reviews you submit will be publicly available on BeRenting and may be used by BeRenting Inc. in its sole discretion for any purpose related to the operation of the platform, including marketing and promotional purposes.
BeRenting Inc. shall have no responsibility or liability for the accuracy or completeness of any ratings or reviews posted on its platform. You acknowledge that the rating and review system is a tool to help landlords and tenants make informed decisions, and that BeRenting does not verify or endorse any ratings or reviews posted on the platform.
By participating in BeRenting services and in the rating and review system, you agree to release and hold harmless BeRenting Inc., its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, and successors from any and all claims, demands, damages, losses, or liabilities of any kind arising out of or in connection with your use of the rating and review system, or any content, ratings, or reviews posted by you or other users.
You acknowledge that any ratings or reviews posted by you or other users are solely the opinions and experiences of those individuals and do not reflect the views or opinions of BeRenting Inc. or its affiliates.
BeRenting Inc. reserves the right to remove or edit any ratings or reviews that violate these terms and conditions or that it deems inappropriate or offensive in its sole discretion. BeRenting Inc. also reserves the right to terminate or suspend the accounts of users who violate these terms and conditions or who abuse the rating and review system.
By using BeRenting services, you agree to abide by these terms and conditions and the BeRenting Community Guidelines when participating in the rating and review system.
Guidelines:
User Submissions: Grant of Licence
The Website may contain Interactive Functions allowing User Submissions on or through the Website.
None of the User Submissions you submit to the Website will be subject to any confidentiality by the Company. By providing any User Submission to the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.
By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and regulations and the User Submissions and Site Content Standards set out in these Terms and Conditions.
You understand and agree that you, not the Company nor Company's parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website.
User Submissions: Landlord Submission Standards
Users with a Landlord account will have the capability to submit certain information to create an informational post (“Listing”) for properties available for lease (“Accommodation(s)”), as well as to prepare and/or process forms, documents, leases, notices, repair and maintenance requests, rent payments and other such materials and submissions related to the properties, and to submit references for tenants.
To create a Listing, you will be asked a variety of questions about the Accommodation to be listed, including, but not limited to, the location, size, features, and availability of the Accommodation, pricing and any other relevant information. In order to be featured on the Listings page of the Website, all Accommodations must have valid municipal addresses. The placement or ranking of Listings in Website search results may depend on a variety of factors such as a proprietary algorithm as well as paid advertising.
Any photograph or video of an Accommodation that a Landlord uploads to the Website shall become the property of the Company and the User waives all right and claims to the use, reproduction, distribution, copying or other activity for any purpose. If a Landlord requests that the Company produce photographs and/or video of their property the Landlord affirms that any and all of these productions are the exclusive property of the Company and the Landlord has no rights or claims to such productions and may not use these productions for any purposes whatsoever without explicit written authorization by the Company. If an existing tenant is occupying the Accommodation, the Landlord is solely responsible for facilitating a mutually acceptable time for the existing tenant and the Company approved photographer or videographer to take photos and videos of the Accommodation. The Landlord is solely responsible for ensuring that the appropriate notification has been made to any existing tenants occupying the Accommodation at the time the Company approved photographer or videographer arrives at the Accommodation.
We will own all copyright of any photographs and/or videos of the Accommodation that have been taken by photographers or videographers employed by the Company. You will not have any right to use such photographs or videos without our explicit permission.
We retain a right to and may use any photograph or video uploaded to the Website for advertising, marketing, commercial and/or other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation. The Company may transfer this right to its service providers, contractors, licensors, licensees, suppliers or any other third party.
Any Landlord who has created a Listing is solely responsible for ensuring that the Accommodation is accurately represented by the information, photographs and videos on the Listing.
Any Landlord who creates a Listing represents and warrants that:
We assume no responsibility for a Landlord’s noncompliance with any agreements with third parties, tax requirements, intellectual property laws, or other applicable laws, rules and regulations.
We reserve the right, at any time and without prior notice, to remove, edit or disable access to any Listing for any reason, including Listings that the Company, in its sole discretion, considers to be objectionable for any reason, is in violation of these Terms and Conditions or is otherwise harmful to the Company and/or the Website.
We recommend that Landlords obtain appropriate insurance for all Listings, paying particular attention to the coverage for actions taken by any Tenant. Landlords are solely responsible for obtaining such insurance and determining the adequacy for the purposes of their proposed arrangement with any Tenant and the Company will have no responsibility of verifying the adequacy of such policies.
User Submissions: Tenant Submission Standards
Users with a Tenant account will have the capability to submit certain personal information to create a Tenant profile as well as the preparation and/or processing of forms, documents, notices, repair tickets, rent payments and other such materials and submissions related to the Accommodation, and to submit references required by Landlords.
All Users with a Landlord account will have access to the information displayed on your Tenant profile. You are responsible for keeping your personal information up to date.
The use, reproduction, hosting, transmission, and disclosure of any User Submissions from Tenants must at all times be in compliance with our Privacy Policy.
Relationship
By using the Website, creating an account, and/or posting any User Submissions, your relationship shall not be construed to be that of an employee, contractor, agent, joint ventures or partner of the Company in any way. By using the Website, you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of the Company. The Company maintains the right to control your account and Listings, but does not control nor does it wish to control your offline activities associated with your Listings. You may not do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of the Company.
References And Reporting
The Website may include a reference/rating function where Users have the capability to periodically submit references/ratings for a User in a different user category (i.e. Tenants can rate Landlords and vice versa). By using this Website, you agree to be eligible for references/ratings. These references/ratings are User Submissions and solely reflect the opinions of Users. The references/ratings are in no way an evaluation conducted by the Company or a reflection of the Company’s opinions. Users cannot appeal a reference/rating or respond to a reference/rating. If a User feels particularly maligned by a reference/rating, they can contact the Company via the contact feature of the Website; the Company will consider the case accordingly. References/ratings are gathered and displayed by us in the manner that we see fit and subject to our discretion. User has no rights or claims to the references/ratings or to prevent the references/ratings from being displayed on the Website.
If any Landlord or Tenant has an interaction in which one or both parties feel that that the other party is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) has engaged in theft or is suspected to have engaged in theft, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to the Company by contacting us with your police station and report number. Your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability or other responsibility.
Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Website. You may submit feedback by emailing us through the “About Us” section of the Website. All feedback that you provide will be the sole and exclusive property of the Company and you hereby irrevocably assign to the Company all of your right, title, and interest in and to all feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such feedback. At the Company’s request and expense, you will execute documents and take such further acts as the Company may reasonably request to assist the Company to acquire, perfect, and maintain its intellectual property rights and other legal protections for the feedback.
Site Monitoring And Enforcement, Suspension, And Termination
Company has the right, without provision of notice to:
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
We have no obligation, nor any responsibility to any party to monitor the Website or its use, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
No Reliance
The content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date. Your use of the Website is at your own risk and neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of this Website.
The Company does not endorse any Listing or Accommodation. The Company makes no representations that photographs, videos or other User Submissions relating to any Accommodation on the Website accurately depict the Accommodation in its current state. The Company does not confirm the identity of or endorse any Landlord or the quality, legality or any other feature of the Listing or Accommodation.
This Website includes content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. Neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
Privacy
By submitting your personal information and using our Website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, found at Privacy Policy, as we deem necessary for use of the Website and provision of services.
By using this Website you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website may not function adequately. For more information on this automated information gathering practices, see Privacy Policy Cookies Provision.
Third-Party Websites
For your convenience, this Website may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
Such links to third-party sites from the Website may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from this Website. You may only use these features when they are provided by us and solely with respect to the content identified.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Conditions of Use and User Submissions and Site Content Standards. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
Geographic Restrictions
The owner of the Website is based in Ontario in Canada. We provide this Website for use only by persons located in Canada. This Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
Disclaimer Of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAIL BOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Limitation On Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
BERENTING IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY LIABILITY ARISING FROM THE ACCURACY, TRUTHFULNESS, OR RELIABILITY OF USER-GENERATED RATINGS AND REVIEWS. BERENTING DOES NOT ENDORSE OR SUPPORT ANY OPINIONS, STATEMENTS, OR CLAIMS MADE BY USERS IN THEIR RATINGS AND REVIEWS, AND SUCH CONTENT SHOULD NOT BE RELIED UPON FOR ANY DECISIONS OR ACTIONS.
Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (i) your breach of these Terms and Conditions, (ii) your use of the Website, including, but not limited to, your User Submissions, third-party sites, any use of the Website's content, services, and products other than as expressly authorized in these Terms and Conditions, or (iii) your participation in the rating and review system, including any content, ratings, or reviews you submit.
Governing Law And Choice Of Forum
The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.
Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
Any disputes arising from these Terms and Conditions or your use of the Website shall first be attempted to be resolved through good faith negotiations between the parties. If negotiations fail, the parties agree to submit the dispute to binding arbitration under the rules of a recognized arbitration body in Canada. The decision of the arbitrator(s) shall be final and binding on both parties.
Waiver
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Severability
If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
Entire Agreement
The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
Reporting And Contact
This website is operated by BeRenting Inc., an Ontario corporation with its mailing address at 83 Huron St #2, Sault Ste. Marie, ON P6A 5P4.
Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to the Company at [email protected]
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to [email protected]
