Terms of Use
1 § 1 - TERMS AND CONDITIONS
By using this website you agree to be bound by the following terms and conditions (the "Terms and Conditions”):
1.1 RentMyAdSpace, LLC ("RMAS", "Us" or "We") provides the RentMyAdSpace.com site and various related services (collectively, the "site") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.
1.2 BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
1.3 These Terms of Use are effective as of November 1st, 2011. We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.
1.4 As used in these Terms of Use, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.
2 § 1 - Use License
2.1 Permission is granted to temporarily download one copy of the materials (information or software) on RentMyAdSpace, LLC's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
a) modify or copy the materials;
b) use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
c) attempt to decompile or reverse engineer any software contained on RentMyAdSpace, LLC's web site;
d) remove any copyright or other proprietary notations from the materials; or
e) transfer the materials to another person or "mirror" the materials on any other server.
2.2 This license shall automatically terminate if you violate any of these restrictions and may be terminated by RentMyAdSpace, LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
2.3 You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
2.4 From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
2.5 We may make email, messaging, blogging, or chat services (collectively, "Communications") available to users of our site, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms.
2.6 We will not inspect or disclose the contents of private Communications except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as other required by law or by court or governmental order. Further information is available in our Privacy Policy.
2.7 We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as "spam") and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
2.8 Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
2.9 Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
2.10 You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
2.11 Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
3 § 1 - Description of Services
3.1 We make various services available on this site including, but not limited to, searching for, buying, selling, and auctioning advertising as well as other like and related services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).
3.2 We reserve the sole right to either modify or discontinue the site, including any of the sites features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.
4 § 1 - Terms and Conditions of Sale
4.1 The term “Seller” applies to anyone listing goods for sale on this site. The term “Buyer” refers to anyone purchasing goods on this site. You listing goods on this site as a Seller hereby agree to sell, and you or a third party (“Buyer”) hereby agrees to purchase, goods of the description and quantity described by the Seller. ("Checkout") and incorporated herein by this reference ("Goods") on the terms and conditions set forth in this Agreement.
4.2 Buyer agrees to pay the Purchase Price of the Goods as posted on this website attached hereto upon agreement of both the Buyer and Seller to acceptable Terms and Conditions. Unless otherwise specified in writing by the Seller, any payment, whether partially or in full, will be an inference that the Buyer has agreed to the Terms and Conditions of the Seller.
4.3 The total amount of the Purchase Price shall be payable in full by Buyer according to the payment due date stated by the Seller’s Terms & Conditions. Any portion of the Purchase Price unpaid past thirty (30) days shall be considered overdue. All amounts past due are subject to a late charge if dictated by the Seller. In addition, Seller shall have the right to pursue any remedies available at law or as provided herein and shall be entitled to reimbursement from Buyer for Seller's costs of collection, including attorney fees, legal fees and costs and disbursements.
4.4 Unless otherwise agreed in writing, delivery shall be made in accordance with the agreed Seller's Terms and Conditions in effect on the date of purchase. Delivery dates provided by Seller are estimates only. Seller will make reasonable efforts to deliver in accordance with such dates; however, Seller will not be liable for failure to deliver as estimated within thirty (30) days of the agreed upon dates. Unless otherwise agreed in writing by Seller, Goods shall be packaged according to Seller's standards and practices.
4.5 Seller supplies as its sole warranty the following:
a) The materials on RentMyAdSpace, LLC's web site are provided "as is". RentMyAdSpace, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, RentMyAdSpace, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
b) The warranty shall last for the duration of the terms provided by the seller. c) The warranties provided for herein shall be governed by Seller's warranty policies in effect on the date of sale.
4.6 RentMyAdSpace, LLC shall asses a commission of 15% of value on all goods listed on this site and sold by the Seller, excluding goods listed as service advertisements and other indirect advertising done on the site. “Service Advertisements” are advertisements listed in conjunction with a corresponding advertising space and are purchased for $19.99 (“service rate”) in the “Tags” section of the website. RentMYAdSpace LLC, reserves the right to increase or decrease its commission fees and service rates at any time, such changes to be effective immediately upon modification of this paragraph, which shall constitute notice.
4.7 The commission fees are handled by PayPal Adaptive Payments and will only be taxed 15% per payment made through PayPal, whether partially or in full. No commission fee will be collected for payments not made, where the Buyer and Seller do cannot agree to suitable terms and conditions, or where the Buyer absconds from his agreement with the Seller.
5 § 1 - Liability and Disclaimers
5.1 You acknowledge that RMAS and its licensors and content and service providers ("RMAS Licensors") own all rights, title and interest, including without limitation all Intellectual Property Rights, in and to the site, portions thereof, or software provided through or in conjunction with the site. "Intellectual Property Rights" means all rights existing from time to time under patent law, copyright law, trade secret law, trademark law unfair competition law and all other proprietary rights, and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, rent, lease, loan, distribute, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Toolbar. You also agree not to remove, obscure, or alter eBay's copyright notice, trademarks or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Toolbar. All rights not expressly granted to you are reserved by eBay or its suppliers.
5.2 The materials on RentMyAdSpace, LLC's web site are provided "as is". RentMyAdSpace, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, RentMyAdSpace, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. Our "Verified" label is applied to buyers and sellers who are verified as having a legitimate, registered business, and has conducted legitimate business on the site. In no way is our "Verified" label an endorsement of the accuracy of a product advertised on the site, a promise of satisfaction, or a promise that both parties will conduct business amicably.
5.3 Under no circumstances shall RMAS or the RMAS Licensors be liable to any user on account of that user's use or misuse of the site. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort (including negligence) or otherwise (even if RMAS or the RMAS Licensors have been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the site, from the performance or misperformance of the site, from inability to use the site, or from the interruption, suspension or termination of the site (including such damages incurred by third parties). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
5.4 The materials appearing on RentMyAdSpace, LLC's web site could include technical, typographical, or photographic errors. RentMyAdSpace, LLC does not warrant that any of the materials on its web site are accurate, complete, or current. RentMyAdSpace, LLC may make changes to the materials contained on its web site at any time without notice. RentMyAdSpace, LLC does not, however, make any commitment to update the materials.
5.5 RentMyAdSpace, LLC has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by RentMyAdSpace, LLC of the site. Use of any such linked web site is at the user's own risk.
5.6 You agree to indemnify and hold harmless RMAS, the RMAS Licensors and their subsidiaries, affiliates, joint ventures, suppliers, officers, directors, shareholders, employees and agents, from any claim or demand made by any third party due to or arising directly or indirectly out of your conduct or in connection with your use of the site or its features, any alleged violation of these Terms and Conditions, or any alleged violation of any applicable law or regulation. RMAS and the RMAS Licensors reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, but doing so shall not excuse your indemnity obligations.
5.7 RMAS reserves the right to modify these Terms and Conditions, or to update or modify the Toolbar software, from time to time at its discretion.
5.8 You are responsible for complying with trade regulations and both foreign and domestic laws. You acknowledge that the site or underlying technology may not be downloaded to or exported or re-exported:
(a) into (or to a resident or national of) Cuba, Iraq, Iran, Libya, North Korea, Syria or any Other country subject to United States embargo;
(b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List; and
(c) you will not export or re-export the Software to any prohibited country, person, end-user or entity specified by US Export Laws.
6 § 1 - Governing Law
6.1 These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to the conflict of laws provisions of Delaware or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.
6.2 These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by eBay.
7 § 1 - Notices
7.1 All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at; contact@rentmyadspace.com, if by email, or at RentMyAdSpace, LLC, 4521 S. Wisconsin Ave, Forest View Illinois, 60402 if by conventional mail. Notices to you may be sent to the physical or electronic (e-mail) address supplied by you, as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
7.2 Our telephone number is 800-4my-ads1. If you notice that any user is violating these Terms of Use, please contact us at contact@rentmyadspace.com.
8 § 1 - Entire Agreement
8.1 These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.
9 § 1 - Miscellaneous
9.1 In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
9.2 You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms of Use.
9.3 You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
9.4 In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
9.5 If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
9.6 Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.
10 § 1 - Privacy Policy
10.1 Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.
· Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
· We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
· We will only retain personal information as long as necessary for the fulfillment of those purposes.
· We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
· Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
· We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
· We will make readily available to customers information about our policies and practices relating to the management of personal information.
Information Sharing. We may share the anonymous information we collect with our third-party service providers, who provide us, under contract, with internal services and assist with business operations.
Security. We use lots of tools to protect your personal information against unauthorized access and disclosure, but we do not promise, and you should not expect, that your personal information or private communications will always remain private.
Changes to This Policy. RentMyAdSpace, LLC reserves the right to modify this privacy policy from time to time. Any changes will go into effect immediately for new users and 30 days after posting for existing users.
By using this website you agree to be bound by the following terms and conditions (the "Terms and Conditions”):
1.1 RentMyAdSpace, LLC ("RMAS", "Us" or "We") provides the RentMyAdSpace.com site and various related services (collectively, the "site") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.
1.2 BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
1.3 These Terms of Use are effective as of November 1st, 2011. We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.
1.4 As used in these Terms of Use, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.
2 § 1 - Use License
2.1 Permission is granted to temporarily download one copy of the materials (information or software) on RentMyAdSpace, LLC's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
a) modify or copy the materials;
b) use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
c) attempt to decompile or reverse engineer any software contained on RentMyAdSpace, LLC's web site;
d) remove any copyright or other proprietary notations from the materials; or
e) transfer the materials to another person or "mirror" the materials on any other server.
2.2 This license shall automatically terminate if you violate any of these restrictions and may be terminated by RentMyAdSpace, LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
2.3 You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
2.4 From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
2.5 We may make email, messaging, blogging, or chat services (collectively, "Communications") available to users of our site, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms.
2.6 We will not inspect or disclose the contents of private Communications except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as other required by law or by court or governmental order. Further information is available in our Privacy Policy.
2.7 We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as "spam") and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
2.8 Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
2.9 Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
2.10 You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
2.11 Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
3 § 1 - Description of Services
3.1 We make various services available on this site including, but not limited to, searching for, buying, selling, and auctioning advertising as well as other like and related services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).
3.2 We reserve the sole right to either modify or discontinue the site, including any of the sites features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.
4 § 1 - Terms and Conditions of Sale
4.1 The term “Seller” applies to anyone listing goods for sale on this site. The term “Buyer” refers to anyone purchasing goods on this site. You listing goods on this site as a Seller hereby agree to sell, and you or a third party (“Buyer”) hereby agrees to purchase, goods of the description and quantity described by the Seller. ("Checkout") and incorporated herein by this reference ("Goods") on the terms and conditions set forth in this Agreement.
4.2 Buyer agrees to pay the Purchase Price of the Goods as posted on this website attached hereto upon agreement of both the Buyer and Seller to acceptable Terms and Conditions. Unless otherwise specified in writing by the Seller, any payment, whether partially or in full, will be an inference that the Buyer has agreed to the Terms and Conditions of the Seller.
4.3 The total amount of the Purchase Price shall be payable in full by Buyer according to the payment due date stated by the Seller’s Terms & Conditions. Any portion of the Purchase Price unpaid past thirty (30) days shall be considered overdue. All amounts past due are subject to a late charge if dictated by the Seller. In addition, Seller shall have the right to pursue any remedies available at law or as provided herein and shall be entitled to reimbursement from Buyer for Seller's costs of collection, including attorney fees, legal fees and costs and disbursements.
4.4 Unless otherwise agreed in writing, delivery shall be made in accordance with the agreed Seller's Terms and Conditions in effect on the date of purchase. Delivery dates provided by Seller are estimates only. Seller will make reasonable efforts to deliver in accordance with such dates; however, Seller will not be liable for failure to deliver as estimated within thirty (30) days of the agreed upon dates. Unless otherwise agreed in writing by Seller, Goods shall be packaged according to Seller's standards and practices.
4.5 Seller supplies as its sole warranty the following:
a) The materials on RentMyAdSpace, LLC's web site are provided "as is". RentMyAdSpace, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, RentMyAdSpace, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
b) The warranty shall last for the duration of the terms provided by the seller. c) The warranties provided for herein shall be governed by Seller's warranty policies in effect on the date of sale.
4.6 RentMyAdSpace, LLC shall asses a commission of 15% of value on all goods listed on this site and sold by the Seller, excluding goods listed as service advertisements and other indirect advertising done on the site. “Service Advertisements” are advertisements listed in conjunction with a corresponding advertising space and are purchased for $19.99 (“service rate”) in the “Tags” section of the website. RentMYAdSpace LLC, reserves the right to increase or decrease its commission fees and service rates at any time, such changes to be effective immediately upon modification of this paragraph, which shall constitute notice.
4.7 The commission fees are handled by PayPal Adaptive Payments and will only be taxed 15% per payment made through PayPal, whether partially or in full. No commission fee will be collected for payments not made, where the Buyer and Seller do cannot agree to suitable terms and conditions, or where the Buyer absconds from his agreement with the Seller.
5 § 1 - Liability and Disclaimers
5.1 You acknowledge that RMAS and its licensors and content and service providers ("RMAS Licensors") own all rights, title and interest, including without limitation all Intellectual Property Rights, in and to the site, portions thereof, or software provided through or in conjunction with the site. "Intellectual Property Rights" means all rights existing from time to time under patent law, copyright law, trade secret law, trademark law unfair competition law and all other proprietary rights, and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, rent, lease, loan, distribute, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Toolbar. You also agree not to remove, obscure, or alter eBay's copyright notice, trademarks or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Toolbar. All rights not expressly granted to you are reserved by eBay or its suppliers.
5.2 The materials on RentMyAdSpace, LLC's web site are provided "as is". RentMyAdSpace, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, RentMyAdSpace, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. Our "Verified" label is applied to buyers and sellers who are verified as having a legitimate, registered business, and has conducted legitimate business on the site. In no way is our "Verified" label an endorsement of the accuracy of a product advertised on the site, a promise of satisfaction, or a promise that both parties will conduct business amicably.
5.3 Under no circumstances shall RMAS or the RMAS Licensors be liable to any user on account of that user's use or misuse of the site. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort (including negligence) or otherwise (even if RMAS or the RMAS Licensors have been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the site, from the performance or misperformance of the site, from inability to use the site, or from the interruption, suspension or termination of the site (including such damages incurred by third parties). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
5.4 The materials appearing on RentMyAdSpace, LLC's web site could include technical, typographical, or photographic errors. RentMyAdSpace, LLC does not warrant that any of the materials on its web site are accurate, complete, or current. RentMyAdSpace, LLC may make changes to the materials contained on its web site at any time without notice. RentMyAdSpace, LLC does not, however, make any commitment to update the materials.
5.5 RentMyAdSpace, LLC has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by RentMyAdSpace, LLC of the site. Use of any such linked web site is at the user's own risk.
5.6 You agree to indemnify and hold harmless RMAS, the RMAS Licensors and their subsidiaries, affiliates, joint ventures, suppliers, officers, directors, shareholders, employees and agents, from any claim or demand made by any third party due to or arising directly or indirectly out of your conduct or in connection with your use of the site or its features, any alleged violation of these Terms and Conditions, or any alleged violation of any applicable law or regulation. RMAS and the RMAS Licensors reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, but doing so shall not excuse your indemnity obligations.
5.7 RMAS reserves the right to modify these Terms and Conditions, or to update or modify the Toolbar software, from time to time at its discretion.
5.8 You are responsible for complying with trade regulations and both foreign and domestic laws. You acknowledge that the site or underlying technology may not be downloaded to or exported or re-exported:
(a) into (or to a resident or national of) Cuba, Iraq, Iran, Libya, North Korea, Syria or any Other country subject to United States embargo;
(b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List; and
(c) you will not export or re-export the Software to any prohibited country, person, end-user or entity specified by US Export Laws.
6 § 1 - Governing Law
6.1 These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to the conflict of laws provisions of Delaware or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.
6.2 These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by eBay.
7 § 1 - Notices
7.1 All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at; contact@rentmyadspace.com, if by email, or at RentMyAdSpace, LLC, 4521 S. Wisconsin Ave, Forest View Illinois, 60402 if by conventional mail. Notices to you may be sent to the physical or electronic (e-mail) address supplied by you, as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
7.2 Our telephone number is 800-4my-ads1. If you notice that any user is violating these Terms of Use, please contact us at contact@rentmyadspace.com.
8 § 1 - Entire Agreement
8.1 These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.
9 § 1 - Miscellaneous
9.1 In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
9.2 You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms of Use.
9.3 You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
9.4 In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
9.5 If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
9.6 Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.
10 § 1 - Privacy Policy
10.1 Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.
· Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
· We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
· We will only retain personal information as long as necessary for the fulfillment of those purposes.
· We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
· Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
· We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
· We will make readily available to customers information about our policies and practices relating to the management of personal information.
Information Sharing. We may share the anonymous information we collect with our third-party service providers, who provide us, under contract, with internal services and assist with business operations.
Security. We use lots of tools to protect your personal information against unauthorized access and disclosure, but we do not promise, and you should not expect, that your personal information or private communications will always remain private.
Changes to This Policy. RentMyAdSpace, LLC reserves the right to modify this privacy policy from time to time. Any changes will go into effect immediately for new users and 30 days after posting for existing users.