These Add a Listing Terms of Service (“Terms”) apply to any individual or entity who uses the Listing feature (the “Listing Service”) to list a rental on WellsvilleRentals.com (the “Site”). These Terms are in addition the WellsvilleRentals.com Terms of Service specified in the Terms of Service which together form a legally binding contract between you and Wellsville Rentals, LLC (“WellsvilleRentals.com”).
By using the Listing Service to advertise on the Site, you represent and warrant that: (a) the property is eligible to be listed using the Listing Service, meaning the property is an apartment, condo, townhome, or single family home and for rent not a sublease for a unit in a multi-family apartment community; (b) you own or have the right to advertise the property you are listing; (c) you have the right to lease the advertised property; (d) you are willing to lease the advertised property at the price and on any other terms specified in your listing; (e) you will not advertise more than one property in a single listing on the Listing Service, either by including descriptions of multiple units in one listing or by subsequently updating the listing information to advertise different properties or units; (f) upon leasing or otherwise taking your property off the market, you will within 72 hours delete the listing for that property; (g) you will not use the Listing Service to advertise or promote anything, including, without limitation, any product, service or business, other than the unique property offered for lease; (h) you will not use the Listing Service to advertise shared housing, i.e., a room or rooms within a unit; (i) you will not use the Listing Service or the Site for any fraudulent, false, misleading or deceptive activity; (j) all Content that you provide to WellsvilleRentals.com and everything in your listing, including without limitation, any photos or text description, is truthful, accurate and complete and comply with all local, state and federal laws and regulations, including without limitation, fair housing laws; (k) you are solely responsible for any and all listings you add using the Listing Service, and all ads, photos, descriptions, data, or other information (“Content”) you submit to the Site; (l) you have all the rights necessary to post your listings using the Listing Service, including, without limitation, all content, photos, data, text, and other Materials contained therein, on the Site; and (m) photos you upload to the Listing Service will only show the property listed for rent and shall not include, under any circumstances, people, animals, trademarked items, religious symbols, or other objects or features not part of the apartment or apartment community. By submitting a listing via the Listing Service, you grant to WellsvilleRentals.com, its affiliates, and its parent and related companies, a perpetual and irrevocable license to copy, modify, display, distribute, create derivative works from, or otherwise use and exploit the Content that you submit. The permission you grant WellsvilleRentals.com includes express permission to syndicate the listing and Content to affiliated or partner sites. WellsvilleRentals.com reserves the right, in its sole discretion, to remove any listing or Content from the Listing Service, without notice and without liability, that does not meet the requirements of these Add a Listing Terms of Service, the Site’s Terms of Service, policies, or if WellsvilleRentals.com otherwise determines or believes, in its sole and exclusive discretion, is inappropriate for any legal, business, technical or other reason.
Liquidated Damages
Violations of these Add a Listing Terms of Service harm the integrity, functionality, and reputation of WellsvilleRentals.com; detract from users’ and our customers’ trust in and use of the Site; and damage the business of WellsvilleRentals.com. Accordingly, you acknowledge and agree that WellsvilleRentals.com incurs actual damages, which are extremely difficult and/or impossible to quantify, as a result of any violation of these Add a Listing Terms of Service. You agree that it is fair and reasonable for WellsvilleRentals.com, as its option, to recover liquidated damages for past violations in the amount specified below, which represents a reasonable estimate of the actual damages incurred by WellsvilleRentals.com for each such violation you commit and to seek and obtain injunctive relief to prevent future violations. You agree that monetary damages alone would not provide a sufficient remedy to WellsvilleRentals.com for violations of these Add a Listing Terms of Service, and You consent to injunctive or other equitable relief for such violations without the requirement that WellsvilleRentals.com post a bond. You agree specifically that the availability of liquidated damages does not impact WellsvilleRentals.com’s right to obtain injunctive relief. You further acknowledge and agree that the imposition of liquidated damages for each such violation of the Terms is independent and distinct, and that the assessment of total liquidated damages for multiple violations of the Terms is cumulative
$30,000 Per Listing. You agree to pay $30,000 per advertisement on the Site that contains false or fraudulent content (including but not limited to false or misleading property location, descriptions, photos, or contact information.)
General Limitations
In most cases, listings added using the Listing Service will appear on the Site within 24 hours of submission. WellsvilleRentals.com DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES TO YOU REGARDING THE LISTING SERVICE, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES THAT YOU WILL LEASE YOUR PROPERTY, OBTAIN AN ACCEPTABLE RENT FOR YOUR PROPERTY, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED RENTERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR PROPERTY FOR RENT. WellsvilleRentals.com reserves the right to, but is under no obligation to and does not assume any obligation to, review listings added using the Listing Service before and/or after they are posted to the Site to confirm information relating to the advertiser and the advertised property and to investigate complaints and suspicious activity. If WellsvilleRentals.com determines, in its sole and exclusive discretion, that you are engaging in any unfair, deceptive, false, misleading or fraudulent practices, or that your listing violates any laws or guidelines, WellsvilleRentals.com reserves the right to reject or immediately remove your listing from the Site without notice and without liability, as described above.
Miscellaneous
These Add a Listing Terms of Service may be changed at any time and you will be notified of any such changes by an updated posting of the new Terms on this page of the Site. Your continued use of the Listing Service or the Site after the posting of any revised Terms shall constitute your agreement to be bound by any such changes. WellsvilleRentals.com may modify, suspend, discontinue or restrict the use of any portion of the Listing Service or the Site without notice or liability. WellsvilleRentals.com’s parent is headquartered in the State of New York. These Terms will be governed by and construed in accordance with the laws of the State of New York without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Listing Service or the Site must be exclusively filed in the federal or state courts located in the State of New York, within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts in the State of New York, and waive any objection based on forum non conveniens. As a condition of using the Listing Service and the Site, you agree that all causes of action arising out of, or connected with the Listing Service or the Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision of the Terms will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of the Terms will continue in full force and effect. Failure by WellsvilleRentals.com to enforce any provision of the Terms will not be deemed a waiver of future enforcement of that or any other provision of the Terms. Nothing herein shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties. IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES TO THESE TERMS, YOU ARE NOT PERMITTED TO USE THE LISTING SERVICE AND MUST EXIT THE SERVICE IMMEDIATELY.