RentThisLand.com is to be used ONLY by landowners who agree to use it as the exclusive manner of advertising and receiving offers on their farmland, throughout the entire duration their RentThisLand.com listing is active.
Advertising on other websites, in newspapers or via word of mouth is strictly prohibited.
Any direct contact with farmers regarding the land rental is also prohibited in the strictest sense.
By using RentThisLand.com you agree that you will not attempt to contact landowners directly, regarding any property listed on this website. All questions about a lease or parcel of land must be asked via the question & answer feature on the listing page. Any direct contact will result in being banned from future use of this service.
RENTTHISLAND.COM TERMS OF SERVICE
THE FOLLOWING SETS OUT THE TERMS AND CONDITIONS GOVERNING THE USE OF THIS WEB SITE.
RENTTHISLAND.COM LTD. ("RTL.com") is the provider of the services ("RTL.com Services") on this web site that allow you to access the database of land that may be available for rent.
The use of the RTL.com Services through this web site (the "Site") is subject to the following terms and conditions (the "Terms").
By using, submitting information to, or accessing information from, the Site, you, as end user, agree to these Terms and are therefore entering into a legally binding agreement with RTL.com. To confirm your agreement with these Terms, click on the "AGREE" button on the registration page. If you do not agree to these Terms, do not click on AGREE and exit this Site.
You acknowledge and agree that RTL.com may amend the Terms at any time by posting the amended Terms on the Site. The amended Terms shall be effective automatically upon being posted on the Site. Your continued use of the Services and the Site will be deemed your agreement to the amended Terms.
1. RTL.com as a Venue
(1) As set out further in Article 8 herein below, RTL.com is a venue through which those who have wish to advertise their land for rent (hereinafter "Landowners") and those who are seeking land to rent (hereinafter "Operators") can connect.
(2) The term "User" refers to any individual or entity using any aspect of the RTL.com Services, and encompasses both Operators and Landowners.
(3) RTL.com is not involved in the actual transaction between Landowners and Operators. Accordingly, RTL.com cannot guarantee that a Landowner or Operator will actually go through with the lease transaction. Similarly, RTL.com cannot guarantee the accuracy of the statements and representations made by a User, including but not limited to the ability of the Landowner to actually lease the land advertised in the RTL.com database, or the ability of the Operator to work the land or make rental payments.
(4) Advertising land in the RTL.com database is NOT a legally binding offer to lease nor does an offer to rent made by an Operator represent a legally binding commitment in any respect. An offer to rent by an Operator is an indication of interest in the advertised land. It is anticipated that after using the RTL.com Services, Landowners and Operators will contact each other directly in order to explore the possibility of entering into a lease agreement, though, as stated herein above, RTL.com cannot guarantee that Users will take further steps to contact the relevant party regarding entering into a binding lease following use of the RTL.com Services. Users are encouraged to perform all required due diligence before entering into a legally binding lease agreement. Further, Users are strongly encouraged to seek the help of a licensed real estate professional or real estate lawyer in connection with entering into a lease.
(5) Fees charged in association with the use of the Site represent a fee for the use of the RTL.com Services, and are not tied in any way to the completion of a binding legal agreement between Landowner and Operator. Accordingly, RTL.com does not provide refunds in the event that, for whatever reason, a formal lease agreement is not reached between Landowner and Operator.
(6) RTL.com does not provide advice, nor does it represent either Landowner or Operator. The role of RTL.com is limited to providing a venue for Landowners to advertise their land for rent, and for Operators to indicate their interest in land by submitting an offer to rent. At all times, Users are dealing with their real estate on their own account, RTL.com does not engage in leasing or trading in real estate. As stated above, RTL does not counsel or provide advice to Users, show land advertised, negotiate lease contracts, or hold a position of trust and confidence, whether or not in connection with the RTL website. Accordingly, no brokerage relationship or any agency or fiduciary relationship is intended to be or shall be deemed to have been created between RTL.com and Users. RTL.com makes no representations about land advertised on RTL.com, about the Landowners, about the accuracy of information provided by Landowners, or about the financial capabilities of Operators.
2. Registration for RTL.com Services
(1) Users must be 18 (eighteen) years of age or older, or the age of majority as that is defined in your jurisdiction, whichever is older, to use the RTL.com Services in any manner. By accepting these Terms, you represent and warrant to RTL.com that you have reached the age of majority in your jurisdiction, and that you have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to RTL.com that you will use the RTL.com Services in a manner consistent with any and all applicable laws and regulations.
(2) Users may be required to register in order to conduct an initial search or browse the land database; however, in order for Landowners to advertise their land for rent, and for Operators to make an offer to rent land they must register for the RTL.com Services.
(3) When Operators register for the RTL.com Services they will be required to provide RTL.com with certain information, including name, company name, valid email address, password, mailing address, phone number and specifics with respect to the type of land that they are seeking or that they are interested in receiving notifications about. Any additional personal information through which an Operator could be identified is included at the Operator's discretion.
(4) When Landowners register for the RTL.com Services they will be required to provide RTL.com with information including name, company name, valid email address, password, mailing address, phone number, as well as details about the land they wish to offer for lease, and the terms of lease and payment they are offering in association with the land. Any additional personal information through which a Landowner could be identified is included at the Landowner's discretion.
(5) Registered Users hereby understand and acknowledge that surveys may be submitted to other Users in order to assign ratings to those Users that that they have worked with or otherwise had dealings with in connection with the RTL.com Services. The intention is that this information can be used by (i) Operators in determining whether or not to place an offer on a piece of land and (ii) Landowners in deciding which among competing Operator offers to choose. Users hereby agree to be accurate and truthful in their ratings, and not to abuse the survey process so as to diminish the usefulness of the feature.
(7) RTL.com uses PSIGate - as a merchant services and payment gateway provider in order to process payments associated with the RTL.com Services. Accordingly, you will be required to provide credit card information to PSIGate (i) as an Operator in order to make an offer to rent land, and (ii) as a Landowner in order to view offers made by Operators. An Operator's credit card will be charged a flat fee when they make an offer to rent land, and a subsequent fee if their offer is selected by the Landowner. If the Operator's credit card is declined or the full amount will not be processed, a notification email will be sent out to both the Operator and the Landowner indicating that there is an issue with payment. The Operator will have 24 hours from the initial payment failure to make the arrangements necessary to effect full payment; failing which, the Landowner shall have the right to elect to remain with the Operator selected initially or to choose from among the existing offers that were not selected. Should the Landowner decide to maintain its selection of the Operator who has failed to pay the full amount – even after the 24 hour period granted to the Operator to make other arrangements for payment - the Landowner's credit card will be charged the Operator's service fee. Thereafter, the Landowner will be responsible for making arrangements with the Operator to recover the fee should they so choose. Additionally, a Landowner's credit card will be charged a fee if they choose to view offers, but then decline to select one of the available Operator offers. Generally, RTL.com shall invoice a User for any amount still owing, and will start charging interest at a rate of 15% per annum for amounts outstanding for a period of greater than 30 days. For greater detail regarding the payment structure in connection with the RTL.com Services, please see the pricing and payment page.
Please note that RTL.com does not store credit card number in our database, and RTL.com does not have access to your full credit number at any time. PSIGate uses Secure Socket Layer (SSL) encryption technology in order to process your transaction. For further information about PSIGate's privacy and security policies please see the following:
Users may contact RTL.com if they feel that their credit card has been charged incorrectly or there has otherwise been an error in the payment process; however, Users hereby understand and acknowledge that refunds not be given out in every circumstance. Please review the refund policy of RTL.com.
(8) As a Users you hereby understand, acknowledge, and agree that RTL.com is not responsible and shall have no liability if PSIGate, a financial institution or any other third party refuses to honour your credit card or accept a transaction on your account for any reason whatsoever. Further, the User hereby understands, acknowledges and agrees that RTL.com is not responsible and shall have no liability in the event that the User does have credit available, but a transaction cannot be authorized due to any technical or operational errors or difficulties.
(9) As a User, you hereby understand, acknowledge and agree that you are responsible for your own communications and are responsible for the consequences of their posting. Further, the RTL.com does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
(10) You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify RTL.com of any unauthorized use of your registration or password.
(11) RTL.com may refuse access to the RTL.com Services to anyone or limit a User's use of the RTL.com Services at any time, in RTL.com's sole and absolute discretion and without notice or liability.
3. Permitted Use and General Security Rules
(1) RTL.com hereby grants you limited, terminable and non-exclusive right to use the RTL.com Services for their intended purposes, namely, as a venue for Landowners to advertise their land for rent and for Operators to make an offer for use of the land, as long as you adhere to these Terms.
(2) Users are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access, (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, by any means, known and unknown, including but not limited to spamming, probing, phishing, overloading, flooding, spamming, mailbombing or crashing, (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. RTL.com will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
(3) You may not use any part of the Site or the RTL.com Services in order to modify, sell, transmit, distribute, store or destroy material, including without limitation Site content, (i) in violation of any applicable law or regulation, (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (iii) that is defamatory, obscene, threatening, abusive or hateful.
(4) You may not use the Site or the RTL.com Services in any way for any private, public or commercial purpose, in any other manner that is likely to cause confusion, that disparages or discredits RTL.com, dilutes the strength of property of RTL.com, or that otherwise infringes the intellectual property rights of RTL.com.
4. Specific Prohibited Uses
(1) The RTL.com Services may be used only for lawful purposes by Landowners and Operators. RTL.com specifically prohibits any use of the Site, and all Users agree not to use the Site, for any of the following:
(i) Posting or uploading any incomplete, false, misleading, deceptive or inaccurate content, contact, biographical or autobiographical information, or any information which is not your own, for any purposes.
(ii) Landowners and Operators sharing identifying information with other Users in an effort to circumvent the Site's offer process and fee structure set out more fully at the pricing and payment page. Prohibited activities that RTL.com considers indicative of an intention to defeat the intended purpose and fee structure of the Site include but are not limited to the following: (i) sharing identifying information with other Users on public pages except in accordance with the Site's intended process set forth on the Sites how-to page; (ii) Operators contacting Landowners during the offer process by any means other than through the Site's anonymous message boards (a feature described more fully herein below) and (iii) a pattern of behavior on the part of Landowners which make it appear, in the sole discretion of RTL.com, that they are using the RTL.com Services to gain information about Users making offers to rent and then circumventing the payment structure of the Site by contacting Users directly i.e. a situation in which the Landowner repeatedly declines to view offers, even though a number of reasonable offers have been made.
(iii) Using the RTL.com Services land database for any purpose other than as a venue for Landowners to advertise their land for rent to Operators seeking to rent land. This includes, but is not limited to using the database information to sell, or solicit for, any other products or services, or attempting to contact another User or any party for gathering of information for any other purpose than that set out in this section herein above in accordance with the Terms.
(iv) Deleting or revising any material posted by any other person or entity.
(v) Chargebacks are not permitted. If chargebacks are deemed fraudulent by RTL.com in their sole discretion, RTL.com may enlist the services of a collection agency to collect debts owed by the User and ban the User from use of the Site.
(vi) Using any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
(vii) Taking any action which imposes an unreasonable or disproportionately large load on the Site’s infrastructure.
(viii) Disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose.
(ix) Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from the Company on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer, Google Chrome).
(x) Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site.
(xi) Aggregating, copying or duplicating in any manner any of the materials or information available from the Site.
5. Representations and Warranties
(1) As an Operator you represent and warrant that:
(i) All information provided in an offer to rent land shall be accurate and complete and shall accurately represent your ability to work the land as requested.
(ii) No information you provide on the Site shall be fraudulent or counterfeit;
(iii) You shall have the right and the authority to enter into a lease with the Landowner should your offer be selected.
(iv) If an individual, you are eighteen years of age or older.
(v) The payment of fees to RTL.com in association with any offer you make shall not cause RTL.com to violate any applicable law, statute, ordinance or regulation.
(2) As a Landowner, you represent and warrant that:
(i) All information you provide in connection with the land advertised in the database shall be accurate and complete.
(ii) No information you provide on the Site shall be fraudulent or counterfeit.
(iii) You shall have the right, through actual ownership or otherwise, to lease the land advertised in the database.
(iv) If an individual, you are eighteen years of age or older.
(v) The payment of any fees to RTL.com, including those related to the purchase of an advertisement package or payment of a renege fee, shall not cause RTL.com to violate any applicable law, statute, ordinance or regulation.
6. Anonymous Message Board
(1) RTL.com has included an anonymous message board (the "Board") as part of the Site in order to allow Operators to contact Landowners with any further questions pertaining to past use, suitability for certain crops and desired payment terms. It is the intention of RTL.com that Users will use the Board feature in order to maintain the integrity of the RTL.com Services process, and to prevent the need for Operators to engage in prohibited behavior, including contacting Landowners in person, by phone or by email during the currency of the offer process.
(2) Users hereby acknowledge and agree the following terms of service in connection with their use of the Board:
(i) While RTL.com will attempt to remove or edit any generally objectionable material as quickly as possible, it is impossible to review every message on the Board. Therefore you acknowledge that all posts made to the Board express the views and opinions of the author and not the administrators, moderators or webmaster (except for posts by these people) of RTL.com and hence RTL.com will not be held liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via Boards.
(ii) Users agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually orientated material or any other material that may violate any applicable laws. Doing so may lead to you being immediately and permanently banned (and your service provider being informed). The IP address of all posts is recorded to aid in enforcing these conditions. You agree that the webmaster, administrator and moderators of the Board have the right to remove, edit, move or close any topic at any time should they see fit. As a User you agree to any information you have entered above being stored in a database. While this information will not be disclosed to any third party without your consent, the webmaster, administrator and moderators of RTL.com cannot be held responsible for any hacking attempt that may lead to the data being compromised.
(iii) Operators agree not share information that could reveal their identity or the identity of any other User of the Board, as this could compromise the RTL.com Services offer process.
(iv) Users agree not to upload, post, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
(v) Users agree not to upload, post, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
(vii) Users agree not to upload, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation without the written consent of RTL.com.
(viii)Users agree not to engage in any behavior which constitutes a threat to, harassment of, or stalking of another User.
(ix) Users shall not engage in any activity which adversely affects the performance or availability of the Board or the RTL.com Services.
(x) Users agree not to upload, post, transmit or otherwise make available any content that contains any virus, worm, cancelbot, harmful component or corrupted data.
(xi) By registering for the RTL.com Services, you agree to be bound by these Board rules.
(3) RTL.com may refuse access to the Board or otherwise limit a User's use of the Board at any time, if in RTL.com's sole and absolute discretion, the User has failed to adhere to the rules set out in Article 5(2) herein above or any of the other requirements set forth in these Terms without notice or liability.
7. Intellectual Property
(1) RTL.com retains all rights (including intellectual property rights), title and interest in the Site and the RTL.com Services (to the extent that these rights are not held by third party providers). You acknowledge that the Site or the RTL.com Services may include security technology that limits your use of a particular aspect of the RTL.com Service and that, regardless of the existence of this security technology in a particular application, you shall use the RTL.com Services in compliance with the applicable usage rules.
(2) You agree that you will not and will not allow others to: reverse engineer, decompile, circumvent, disassemble, tamper with, violate, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of any of technology available through the Site or delete or alter author attributes or copyright notices. You shall use and access the Site solely for your own use and for the purpose of utilizing the RTL.com Services. You shall not allow others to use or access the Site or the RTL.com Services with your account login information, email and password.
(3) You acknowledge that the data, information and/or content, used in connection with, incorporated or contained in or presented to you through the Site or the RTL.com Services (all the aforementioned data, information, content and/or materials to be collectively referred to as "RTL.com Information") are the exclusive property of RTL.com and its third party licensors and are protected by intellectual property laws, including but not limited to, copyright and trade-mark laws.
(4) No part or parts of the Site, the RTL.com Information or the RTL.com Services may be reproduced, distributed, republished, commercially exploited, displayed, broadcasted, hyperlinked or transmitted in any manner or by any means or stored in an information retrieval system without RTL.com's prior written permission. You may not, without RTL.com's permission, create derivative works from RTL.com's Information or insert a hyperlink to the Site on any other web site or "mirror" any material contained in the Site on any other server. Further, RTL.com's name or any other trade-mark, name or logo belonging to or used by RTL.com may not be used in any way, including in advertising or publicity pertaining to distribution of materials, without prior written permission.
(5) You must not, and by using the Site and the RTL.com Services you agree not to do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others.
8. Content of User Submissions and Subsequent User Transactions
(1) The Site and the RTL.com Services are only a venue. This Site acts as a venue for Operators to search for available land and Landowners to post information about their land and its suitability for certain crops in order to draw offers from Operators, ideally leading to agreements to lease between the Landowner and Operator. RTL.com does not screen or censor the information posted by Users or any of the details relating to the land offered for lease by Landowners . Further, RTL.com is not involved in the actual transaction between Operators and Landowners. As a result, RTL.com has no control or involvement in the negotiation and execution of a lease as between the Operator and Landlord, no control over the quality, safety, or suitability of the land advertised in the RTL.com Services database, the ability of Landowners to provide the land as advertised, nor the Operators' ability to make effective use of the land. To summarize, RTL.com has no control over the truth, accuracy or legality of any information posted to the Site by Users. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Users with whom you come in contact through the Site.
(2) Due to the difficulty of User authentication on the Internet, RTL.com cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of Users of the RTL.com Services, in the event that you have a dispute with one or more Users, you release RTL.com (and our agents and employees) from claims, demands and damages (contractual and extra-contractual, actual and consequential, direct and indirect, punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
(3) RTL.com is under no legal obligation to, and generally do not, control the information provided by other Users which is made available through the Site. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using this Site.
(4) The material submitted by Users may contain inaccuracies or typographical errors. RTL.com makes no representations about the accuracy, reliability, completeness, or timeliness of the Site or the material submitted. The use of the Site and the material submitted is at your own risk. Changes are periodically made to the Site and may be made at any time.
(5) You acknowledge and agree that you are solely responsible for the form, content and accuracy of any information placed by you on the Site.
(6) RTL.com shall not be responsible for any decisions made by Users for whatever reason made, including but not limited to a decision by a Landowner to select an Operator's offer in favour of other offers.
9. Technical Requirements, Limitations, Restrictions and Risks
(1) Use of the RTL.com Services requires that you obtain and maintain your own functioning and compatible computer system, that being all such equipment, hardware, software and communications lines, including any public lines required by you to properly access and use the Site ("Your Equipment"). You acknowledge that these requirements may change from time to time and that you are and will be responsible for obtaining and maintaining Your Equipment and, further, that RTL.com shall have no responsibility for or liability with respect to Your Equipment.
(2) You will ensure at all times that your use of any software and services including connection of Your Equipment to the Site is in accordance with all appropriate applicable data protection and other laws, licences, codes of practice and regulations.
(3) The Site and the RTL.com Services will not be error free.
(4) RTL.com does not warrant that the Site and the RTL.com Services or the information derived therefrom will meet all or any of the requirements of any User.
(5) You acknowledge that the information accessible via the Site and the RTL.com Services may contain viruses, worms, Trojan horses, cancelbots or other harmful and destructive components.
(6) RTL.com is not and shall not be liable to you or any other party who may access the Site and use the RTL.com Services via your account with or without your consent nor will RTL.com be liable for any damage or loss due to your fault or negligence or for the failure of any transaction entered into via the Site.
(7) While RTL.com will use its reasonable efforts to maintain uninterrupted access to the Site and to the RTL.com Services, RTL.com cannot guarantee, warrant or represent that it can provide you with continuous, uninterrupted access to the Site and to the RTL.com Services since neither RTL.com nor any other party has any control over the Internet and from time to time RTL.com will need to carry out routine maintenance, repairs, configurations or upgrades and there may be interruptions in access due to circumstances beyond RTL.com's control. RTL.com shall not be liable for the failure to provide continuous access to the Site or the RTL.com Services.
(8) Certain services and content of the Site and the RTL.com Services may include materials from or be owned by third parties providers or other third parties. RTL.com may from time-to-time provide links to third-party web sites as part of the RTL.com Services . You hereby acknowledge and agree that RTL.com is not and shall not be responsible for content or accuracy of these third party materials and that RTL.com does not warrant and shall not be responsible for any loss or liability arising from use of these third-party materials, products, services or sites.
10. Releases and Indemnity
(1) You hereby acknowledge that RTL.com is not the party which has created or generated User submissions or any information relating to Landowners or Operators or any information obtained from the RTL.com Services. Accordingly, if you have a dispute or claim related to the RTL.com Services, you release RTL.com, its officers, directors, shareholders, employees, representatives and agents from any and all claims, demands, and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the RTL.com Services or any disputes related thereto.
(2) You further agree to indemnify, and keep indemnified at all times, RTL.com, its officers, directors, shareholders, employees, representatives and agents, against any actions, proceedings, costs, claims, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements on a solicitor and client basis) sustained incurred or paid by RTL.com directly or indirectly in respect of: (i) access to and/or use of the Site or the RTL.com Services; (ii) any information, data or material produced, transmitted or downloaded by you or any User; (iii) any breach by you of any of the provision of the Terms of or any law, code or regulation relating thereto to you; or (iv) any transactions or dispute between Users.
11. No Agency
You agree that your use of the Site or the RTL.com Services shall not create any agency, partnership, joint venture, employer-employee, brokerage, fiduciary or franchiser-franchisee relationship between you and RTL.com.
Except as explicitly stated otherwise, any notices to RTL.com shall be given by e-mail to firstname.lastname@example.org or, if to you, to the e-mail address you provide to RTL.com during the registration process, or such other address, as the party shall specify. Notice shall be deemed given 24 hours after e-mail is sent.
RTL.com may, at any time, issue a warning, temporarily suspend, indefinitely suspend or terminate your registration, cancel or remove from the Site any current requests or transactions, or any other information you place on the Site, if you breach the Terms. Further, RTL.com may resort to any or all of the rights and remedies available to it in the event of any breach of the Terms by Users either by any provision of these Terms or by statute or common law.
14. No Warranty
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT RTL.COM PROVIDES THE RTL.COM SERVICSE "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, OF ANY KIND. RTL.COM SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE RTL.COM SERVICES AND THE INFORMATION OBTAINED THEREFROM, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OF SATISFACTORY QUALITY, OF ACCURACY, AND NON-INFRINGEMENT. RTL.COM DOES NOT WARRANT THAT THE SITE, THE RTL.COM SERVICES OR INFORMATION OBTAINED THEREFROM WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE, OR THE RTL.COM SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE, OR THE RTL.COM SERVICES WILL BE CORRECTED.
15. Limitation of Liability
IN NO EVENT SHALL RTL.COM BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITE, OR THE RTL.COM SERVICES, HOWEVER CAUSED OR ARISING (INCLUDING RTL.COM'S NEGLIGENCE OR THE NEGLIGENCE OF RTL.COM'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES AND AGENTS) AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF RTL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RTL.COM SHALL NOT BE LIABLE FOR ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM RTL.COM'S NEGLIGENCE. NOTWITHSTANDING THE FOREGOING, RTL.COM'S TOTAL LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES IS LIMITED TO TEN DOLLARS ($10.00).
16. Force Majeure
Neither party shall be liable to the other for any loss or damage or be deemed in breach of these Terms to the extent that performance of a party's obligations is delayed or prevented as a result of any event or circumstance beyond its reasonable control, including without limitation, invasion, storm, act of foreign enemy, civil war, hostilities, strike, or act of God, for the duration of such contingency, or for a period of 30 days, whichever is shorter. If the force majeure continues more than 30 days, RTL.com may terminate the RTL.com Services provided through the Site by written notice posted on the Site.
17. General Compliance with Laws
You shall comply with all applicable laws, statutes, ordinances, regulations and licensing requirements regarding your use of the RTL.com Services and your registration.
18. Governing Law
(1) The Terms shall be governed in all respects by the laws of the Province of Ontario and the federal laws applicable therein. The parties hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario.
(2) RTL.com makes no claims that the information generated by the RTL.com Services may be lawfully viewed or downloaded outside of Canada. Access to the materials may not be legal by certain persons or in certain countries. If you access the Site from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
19. Agreement to Terms
The Site and the RTL.com Services are only available to parties that can form legally binding contracts under applicable law. By clicking "I AGREE", you agree and accept the Terms stated herein and to be bound by it. RTL.com reserves the right to disapprove your registration or terminate your use of the Site or the RTL.com Services for any reason at any time, in RTL.com's sole and absolute discretion.
(1) If any provision of the Terms is held to be invalid or unenforceable, only such provision or portion thereof as is held to be invalid or unenforceable shall be struck and the remaining provisions shall be fully enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
(2) Any failure to act or delay in acting with respect to a breach by you by RTL.com or others does not waive RTL.com's right to act with respect to that breach, subsequent or similar breaches.
(3) Except as expressly stated herein, the Terms set forth the entire understanding and agreement between you and RTL.com with respect to the subject matter hereof.