1. Terms of Use. These Terms of Use ( "TOU") govern your use of the rentailer.com website and the data, information and reports available at or obtained from the rentailer.com Website (collectively, the "rentailer.com Data"), and by using the rentailer.com Website, you hereby agree to these TOU for the benefit of Vobile. If you have entered into a service agreement or other agreement with Vobile with respect to rentailer.com ("Service Agreement"), that agreement also governs your use of the rentailer.com Website and the rentailer.com Data. You and your company using the rentailer.com Website and the rentailer.com Data are referred to in these TOU as the "User."
  2. Use of the rentailer.com Website and Data. Vobile hereby grants User, on the terms of these TOU and the Service Agreement (if applicable), the non-exclusive right to access the rentailer.com Website and view and use the rentailer.com Data solely for User's internal business purposes. The rentailer.com Data and the rentailer.com Website are not intended to be used (a) in connection with research where the primary use of such data or site is for making investment decisions, or (b) for reporting or calculating royalties or other fees based on usage, and any use of the rentailer.com Data or the rentailer.com Website for such purposes shall be at User's sole risk. User shall not have the right to display, publish, distribute, disseminate or otherwise make public any rentailer.com Data without Vobile's prior written consent. User acknowledges that all rentailer.com Data is "Confidential Information" subject to Section 6 below and that in all events User may not rely on the accuracy of the rentailer.com Data in making representations to advertisers or similar parties concerning the usage of content.
  3. Modification of rentailer.com. Vobile reserves the right at any time to revise and modify the rentailer.com Website and the rentailer.com system and to alter their features, specifications, capabilities and/or functions, without notice to User except as otherwise provided in the Service Agreement (if applicable).
  4. Termination of User Rights. Vobile shall have the right to terminate User's rights under these TOU, including the right to access the rentailer.com Website and/or user the rentailer.com Data for any reason if User breaches any of its obligations under these TOU, subject to the provisions of User's Service Agreement, if applicable. Within 90 days of expiration or termination of User's rights under these TOU, User shall certify in writing to Vobile that it has returned or destroyed (at Vobile's election) all electronic or hard copies of the rentailer.com Data which are then in User's possession, including but not limited to copies residing on leased servers, at hosting services, on disaster recovery servers, in backups or in archives, except with respect to disaster recovery servers, backups and archives where the return, removal or destruction of such data would not be commercially practical.
  5. Ownership of rentailer.com Vobile is the exclusive owner of the rentailer.com Website, the rentailer.com system and concept, the rentailer.com Data as represented by the rentailer.com system, and all copyright, trademark, patent and other intellectual property rights therein, and nothing in these TOU shall be construed as granting to User any intellectual property rights therein. All rights not granted to User are expressly reserved to Vobile. User shall not have the right to sell, sublicense, transfer, or grant any rights in rentailer.com or any rentailer.com Data to any third party.
  6. Confidentiality. User agrees that it will use Vobile Confidential Information (as defined below) only for its internal business purposes only to the extent necessary for such purposes and will restrict disclosure of the Vobile Confidential Information to its employees, consultants or independent contractors with a need to know and will not disclose any Vobile Confidential Information to any third party without Vobile's prior written approval, except as specifically permitted in the Service Agreement (if applicable). Notwithstanding the foregoing, it will not be a breach of these TOU for User to disclose Vobile Confidential Information if required to do so under law or in a judicial or other governmental investigation or proceeding, provided Vobile has been given prior notice and User has sought all available safeguards against widespread dissemination prior to such disclosure. As used in these TOU, the term "Vobile Confidential Information" refers to: (i) any and all rentailer.com Data and any other nonpublic information accessible by logging on to the rentailer.com Website; (ii) any rentailer.com user manuals provided to User; and (iii) Vobile's trade secrets, business plans, strategies, methods and/or practices that are not generally known to the public. Notwithstanding the foregoing, Vobile Confidential Information specifically excludes: (A) information that is now in the public domain or subsequently enters the public domain by publication or otherwise through no action or fault of User, its employees or agents; (B) information that is known to User without restriction, prior to receipt from Vobile, from User's own independent sources as evidenced by User's written records, and which was not acquired, directly or indirectly, from Vobile; (C) information that User receives from any third party reasonably known by User to have a legal right to transmit such information, and not under any obligation to keep such information confidential; and (D) information independently developed by User's employees or agents provided that User can show that those same employees or agents had no access to the Vobile Confidential Information received hereunder.
  7. Passwords. User agrees to keep confidential unique login and password where user accesses certain areas of the rentailer.com Website protected by these. User agrees to notify Vobile promptly if User has any reason to believe that any third party has unauthorized access to its login or password. User shall be responsible for any and all use of the rentailer.com Website occurring under its login and password.
  8. No Warranties. THE rentailer.com SITE AND DATA AVAILABLE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Vobile DOES NOT WARRANT THAT THE rentailer.com SITE OR USER'S ACCESS TO THE rentailer.com SITE WILL BE ERROR-FREE OR UNINTERRUPTED, AND HEREBY DISCLAIMS ANY AND ALL LIABILITY ON ACCOUNT THEREOF.
  9. Limitation of Liability. IN NO EVENT SHALL VOBILE, ITS OFFICERS, DIRECTORS, EMPLOYEES OR SHAREHOLDERS BE LIABLE UNDER ANY THEORY, INCLUDING BUT NOT LIMITED TO CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR PRODUCT LIABILITY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS OR DATA, BUSINESS INTERRUPTION, OR OTHER PECUNIARY LOSS), arising from or relating to THE USE OF THE rentailer.com SITE, OR ANY rentailer.com DATA, INCLUDING DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE rentailer.com SITE OR THE rentailer.com DATA OR FROM ERRORS, OMISSIONS OR OTHER INACURRACIES IN THE rentailer.com DATA, EVEN IF USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT PREJUDICE TO THE FOREGOING LIMITATION, THE AGGREGATE LIABILITY OF VOBILE TO USER UNDER ANY AND ALL THEORIES, INCLUDING BUT NOT LIMITED TO CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR PRODUCT LIABILITY, SHALL IN NO EVENT EXCEED THE AMOUNT PAID TO VOBILE BY USER FOR rentailer.com DURING THE IMMEDIATELY PRECEDING SIX-MONTH PERIOD.
  10. Indemnification. User agrees to indemnify, defend and hold harmless Vobile, its affiliates, licensors, and their respective officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of the use of the rentailer.com Website or the rentailer.com Data, including without limitation the uses described in items (a) and (b) of Section 2 and further including any representations to advertisers or similar parties concerning the usage of content, by User or any other person using User's password.
  11. Amendment of TOU. Vobile shall have right to update, amend or restate these TOU without the consent of User and without prior notice to User; provided, however, Vobile will use reasonable efforts to give User 10 days' prior notice of any such updates, amendments or restatements.
  12. Miscellaneous. These TOU will be governed by the laws of the State of California. Any action or proceeding arising from or relating to these TOU shall be brought in a federal court in the State of California or in state court in Santa Clara, CA, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding. If any legal action is brought to enforce these TOU, the prevailing party will be entitled to receive reasonable attorneys' fees, court costs, and other collection expenses, in addition to any other relief it may receive, in any bankruptcy case, arbitration proceeding or court case. Any waiver or failure to enforce any provision of these TOU on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of these TOU is determined to be unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
  13. Conflicts. In the event of any conflicts between the terms of these TOU and the Service Agreement (if applicable), the terms of the Service Agreement shall control.