Effective Date:
PLEASE READ THESE SITE USAGE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. By using this website (“Site”), you signify your acceptance of these Site Usage Terms and Conditions ("Terms and Conditions"), and the PorchLight Rental Service Privacy Policy ("Privacy Policy"). If you do not agree to all of these Terms and Conditions, and the Privacy Policy, do not use this Site.
This Site is owned and operated by PorchLight Rental Service, LLC ("PorchLight"). PorchLight may revise these Terms and Conditions at any time. Your continued use of this Site will mean you accept those changes, and you will comply with all applicable laws and regulations. The materials provided on this Site are protected by law, including, but not limited to, United States copyright laws and international treaties. Additional terms and conditions apply to rental service reservations.
Use of Site
You may only use this site if you are at least 18 years of age and can enter into binding contracts (the Site is not available for use by minors). By using this Site, you agree that you are at least 18 years of age. All information and materials contained on this Site are for informational purposes only. Much of the information and materials contained on this Site is provided by rental service consultants/agencies (“Rental Network”) that retain control over their local market policies and procedures.
Use Restrictions
The content on this Site, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, and other materials, ("Contents") is protected by copyright under both United States and foreign laws. Title to the Contents remains with PorchLight. Any use of the Contents not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of PorchLight or its licensors.
PorchLight authorizes you to view and download a single copy of the Contents solely for your own lawful, personal, non-commercial use if you include the following copyright notice “©PorchLight Apartment Rental Service LLC. All rights reserved" and retain other copyright and proprietary rights notices which were contained in the Contents. Any special rules for the use of other items provided on the Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference. All rights not expressly granted herein are reserved to PorchLight and Rental Network. If you violate any of these Terms and Conditions, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.
You may not, without PorchLIght’s written permission, "mirror" any Contents contained in this Site on any other server. You may not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site through hacking, password mining or any other means.
Liability of PorchLight and Its Rental Network
The use of the Site or the Contents is at your own risk. The Contents in this Site could include technical inaccuracies or typographical errors. PorchLight and it’s Rental Network may make changes or improvements at any time.
THE CONTENTS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PORCHLIGHT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PORCHLIGHT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THIS SITE IN TERMS OF THEIR CORRRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
PORCHLIGHT ASSUMES NO LIABILITY, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS IN CONNECTION WITH OR ARISING FROM ANY ACT OR OMISSION BY PORCHLIGHT OR ITS RENTAL NETWORK AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT OF OR IN BREACH OF THESE TERMS AND CONDITIONS OR OUR PRIVACY POLICY. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, PORCHLIGHT’S OR THE RENTAL NETWORK’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, OR OTHERWISE SHALL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE SITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS, CAUSES OF ACTION, OR THE RIGHTS TO BRING SUCH CLAIMS OR CAUSES OF ACTION, ARISING OUT OF OR RELATED TO THE SITE, COMMUNICATION, OR THESE TERMS AND CONDITIONS AFTER ONE (1) YEAR FROM THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION, OR OMISSION UPON WHICH THE CLAIM OR CAUSE OF ACTION IS BASED.
Your Account
When you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.
Indemnity
You agree to defend, indemnify, and hold PorchLight, its officers, directors, employees, agents, and rental network from and against any claims, actions, or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site or Contents, or your violation of these Terms and Conditions.
Applicable Laws
These Terms and Conditions are governed in accordance with the laws of Ohio, United States of America, withoutregard to its conflict of law provisions. You and PorchLight hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts of Summit County, Ohio, United States of America for the adjudication or disposition of any claim, action or dispute arising out of these Terms and Conditions. If any provision or these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Electronic Signature
You represent and warrant that you have the legal right, power and authority to agree to these Terms and Conditions on behalf of yourself and the member, buyer, supplier or other entity on whose behalf you are acting while participating in the Site. You further agree your use constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act ("E-Sign") and the Uniform Electronic Transactions Act ("UETA") (as enacted by the states) and that you have formed, executed, entered into, accepted the terms of, and otherwise authenticated these Terms and Conditions and acknowledged and agreed that these Terms and Conditions are an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act (“UCITA”) and as such are completely valid, have legal effect, are enforceable, and are binding on, and non-refutable by you and the member, buyer, supplier or other entity on whose behalf you are acting.
Complete Agreement
Except as expressly provided in a particular notice or disclaimer posted by or on behalf of PorchLight on this Site, these Terms and Conditions, including our Privacy Policy, constitute the entire agreement between you and PorchLight with respect to the use of the Site and Contents.