IP Usage Rules
For a single membership IP usage can not exceed 40 IP addresses in a 60 day period, and for dual memberships this number may not exceed 80 IP addresses in the 60 day period. For a single membership usage of the mobile app may not exceed 2 simultaneous sessions, and for dual memberships this number may not exceed 4 simultaneous sessions.
Client has tendered to KOA LEI INC DBA Westside Rentals (hereinafter Westside Rentals), herein known as Company, $60.00 (60-Day Single Membership), $88.00 (120-Day Single Membership), $108.00 (180- Day Single Membership), $80.00 (60-Day Dual Membership), $108.00 (120-Day Dual Membership), $128.00 (180-Day Dual Membership), the receipt of which is hereby acknowledged. It is agreed that this constitutes full and complete payment for services described in this contract. Koa Lei Inc., DBA: Westside Rentals Properties is licensed in the State of California under Real Estate Broker's license #01965309; and in the business of supplying prospective tenants with listings of residential real properties for tenancy. Company agrees to make available to Client via the Internet, listings obtained by Company of residential units available for rental. It is agreed by both Company and Client that only the named Client is entitled to the service provided by Company. Company does not represent or act as agent on behalf of the owner(s) of the properties listed and made available to the Client. Company does not guarantee the accuracy of information provided by owners, managers, agents, or representatives of any residential unit listed by Company and made available to Client as to said property listed. Company promises, however, to make every good faith effort feasible to ensure the accuracy of information provided to Client. Company does not promise Client that Client will enter into agreement with any owner of any property listed by Company for the rental of any residential unit. It is agreed by both Client and Company that the service provided by Company to Client is limited to providing information to Client as to residential units reasonably believed to be available for rental. Company promises to make every good faith effort feasible to ensure that only current and up-to-date listings are provided to Client.
Confidentiality & Usage
The purchaser of rental information from Westside Rentals agrees to keep the information absolutely confidential and not to share or disclose the information or login username and password with any person or entity for any purpose. The purchaser will use the information for the purposes of locating housing for their individual and personal use and will not use the information for any corporate purpose including, but not limited to, soliciting property management, scraping listings, and real estate investment business without the written consent of Westside Rentals. The purchaser of the information further agrees that the information is proprietary to Westside Rentals and that any misuse of the information is a breach of this agreement as well as a violation of California law governing trade secrets; misuse is subject to prosecution by government authorities and monetary recovery of damages by Westside Rentals. Westside Rentals maintains the right to suspend, disable or terminate any purchaser account for suspicious usage activity, including concurrent login sessions, group usage, usage from a range or variety of IP addresses, suspected non-personal use, corporate use as well as abnormally high usage levels. Westside Rentals is the exclusive arbiter of types of usage that is deemed to be suspicious and warrants account suspension, disablement, or termination.
Accuracy of Information
Westside Rentals makes an honest and diligent effort to acquire accurate information furnished by the landlords or property agents. The greater portion of Westside Rentals’s information is obtained by use of telephone; therefore, our representation and description of rentals will reflect the information given to us by the landlord or property agent. Accordingly we cannot be responsible for the accuracy of property descriptions or conditions. Due to the nature of the real estate market, all listings are subject to prior rental.
Fair Housing Act Notice
All vacancy listing submissions are subject to the federal and California fair housing laws which make it illegal to indicate in any advertisement any preference, limitation, or discrimination because of race, color, religion, sex, physical or mental disability, familial status (e.g. "No children" or "Not suitable for Children"), sexual orientation, ancestry, marital status, or source of income (e.g. "No Section 8" is prohibited). Your local jurisdiction may impose additional requirements.
If you have questions about the fair housing laws and housing discrimination, please call the Southern California Housing Rights Center (formerly the Fair Housing Council of San Gabriel Valley) at (800) 477-5977 or go to HRC's website at www.hrc-la.org
Contract and Receipt
Clients that join the service will have tendered to Westside Rentals, herein known as Company, a fee for membership. At the time of sign-up the client agreed to a Contract using a binding digital signature. It is agreed that this Contract constitutes full and complete payment for services described in this contract. Westside Rentals is a prepaid rental listing service licensed by California Bureau of Real Estate in the business of supplying prospective tenants with listings for residential real estate properties for tenancy. Company agrees to make available to Client via the Internet, listings obtained by Company of residential units available for rental. It is agreed by both Company and Client that only the named Client is entitled to the service provided by Company. Company does not represent or act as agent on behalf of the owner(s) of the properties listed and made available to the Client. Company does not guarantee the accuracy of information provided by owners, managers, agents, or representatives of any residential unit listed by Company and made available to Client as to said property listed. Company promises, however, to make every good faith effort feasible to ensure the accuracy of information provided to Client. Company does not promise Client that Client will enter into agreement with any owner of any property listed by Company for the rental of any residential unit. It is agreed by both Client and Company that the service provided by Company to Client is limited to providing information to Client as to residential units reasonably believed to be available for rental. Company promises to make every good faith effort feasible to ensure that only current and up-to-date listings are provided to Client.
Right to Refund
If within five days after payment of a fee, the licensee has not supplied the prospective client with at least three available rental properties meeting the specifications of the contract as to (I) type of structure, (ii) designated area, (iii) furnished or unfurnished (iv) number of bedrooms (v) maximum rental and (vi) any other specification expressly set forth in the contract, the full amount of the fee shall be refunded to the prospective tenant upon presentation of evidence of such failure within 10 days after the expiration of the five day period. The prospective tenant is not entitled to a refund if the prospective tenant obtains a rental through the services of the licensee.
If the prospective tenant obtains a rental other than through the services of the licensee during the term of the contract, or if the prospective tenant does not obtain a rental through the services of the licensee during the term of the contract, the licensee shall refund the fee received in excess of $50 for 60-Day Single Membership, in excess of $78 for 120-Day Single Membership, in excess of $98 for 180-Day Single Membership, in excess of $70 for 60-Day Dual Membership, in excess of $98 for 120-Day Dual Membership, and in excess of $118 for 180-Day Dual Membership service charge to the prospective tenant within 10 days after the prospective tentant supplies either (i) reasonable documentation of the prospective tenant's new rental or of the fact that the prospective tenant did not move, such as a lease, rental agreement, utility bill, with sufficient information to verify that the new rental was not obtained through the services of the licensee or that the prospective tenant did not move, or (ii) if the prospective tenant is unable to locate or provide that documentation, the prospective tenant may, at his or her option, fill out a written form provided by the licensee and signed by the prospective tenant under penalty of perjury stating that he or she did not obtain a rental through the services of the licensee during the time of contract.
To be entitled to a refund in excess of the $50 for 60-Day Single Membership, in excess of $78 for 120- Day Single Membership, in excess of $98 for 180-Day Single Membership, in excess of $70 for 60-Day Dual Membership, in excess of $98 for 120-Day Dual Membership, and in excess of $118 for 180-Day Dual Membership service charge, the prospective tenant must mail or deliver the demand for refund not later than 10 days after the expiration of the contract, and must supply either (i) reasonable documentation of the prospective tenant's new rental or of the fact that the prospective tenant did not move, such as a lease, rental agreement or utility bill, with sufficient information to verify that the new rental was not obtained through the services of the licensee, or that the prospective tenant did not move or (ii) a written form provided by the licensee and signed by the prospective tenant under the penalty of perjury stating that he or she did not obtain a rental through the services of the licensee during the time of contract. The documentation may be supplied after the demand for a refund is mailed or delivered, provided that it is supplied within a reasonable time after it becomes available."
The purchase of any goods or services other than the provisions of listing of residential/real properties for tenancy is optional.
You may bring a small claims court action against the licensee for his/her refusal to make a refund on your demand of all or part of the fee paid by you under this contract. If the court finds that the licensee has acted in bad faith in refusing to make the refund, the court has the authority to award you up to one thousand dollars ($1,000) in addition to damages actually sustained by you.
This contract is for your exclusive use only. Proper identification must be presented with proof of registration each time additional rental information is requested. A person who purchases rental information for purposes other than that of locating a rental unit for personal use shall not be entitled to the return of any part of the fee paid to the agent.
The residential rental listing information being provided to the client pursuant to this contract is considered confidential and proprietary by Westside Rentals. The client agrees that he or she will use this information for the sole purpose of locating a rental unit for personal use and will otherwise keep it confidential and not disclose it to third parties without Westside Rentals prior written authroization. Westside Rentals reserves the right to pursue any and all legal remedies available for the unauthorized use or disclosure of rental listing information provided under this contract.
Purchasers shall have the capability to post interactive content such as a personal profile, photos and video, as well as messages to landlords and property agents while using the service. Purchasers agree to not post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law; agree to not post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder; agrees to not disrupt the normal flow of communication in the Westside Rentals messaging areas; agrees to not claim a relationship with or to speak for any business, association, institution or other organization for which the Purchasers is not authorized to claim such a relationship.
Accepted Method of Payment
Credit Card, Debit Card, Cash.
Mobile Terms and Conditions
Mobile Property Alerts
FREQUENCY OF ALERTS:
We do not charge users fees for this service. Message and data rates may apply.
MOBILE USER OPT-IN/OPT-OUT
Westside Info is a text messaging query service provided by Westside Rentals. Subscribers can opt-in by texting WESTSIDE to 27368 to receive info and alerts on properties in their area. Subscribers can also recieve info on a specific property by texting a property ID to 27368.
By signing up you agree to receive marketing text messages. We do not use an automatic telephone dialing system. Consent is not required to purchase goods or services.
Subscribers can Opt-out (discontinue service), by texting "STOP" to "27368" from your mobile device. You will not receive any additional messages.
You may also Opt-out by texting "QUIT", "END", "CANCEL", "UNSUBSCRIBE", or "STOP ALL" to any text message you receive or to short code 27368.
MOBILE USER FEES
Westside Rentals does not charge users fees to send or receive text messages. Message & Data rates may apply.
To get help, text "HELP" to 27368 or email firstname.lastname@example.org
MOBILE USER PRIVACY
We will not share or use your mobile number for any other purpose.
AT&T, Sprint, T-Mobile®, Verizon Wireless, Virgin Mobile USA, U.S. Cellular®, Metro PCS, ACS Wireless, All West Wireless, Bluegrass, Boost USA, Cambridge Telecom, Cellcom, Cellular South, Centennial, Cincinnati Bell, Cricket Communications, Cellular One of East Central Illinois, Appalachian Wireless, Farmer's Mutual Telephone Company, General Communications, Golden State Cellular, PC Management, Inland Cellular, Illinois Valley Cellular, Nex-Tech Wireless, Nucla-Naturita, nTelos, Revol, Silver Star PCS (Gold Star), Snake River PCS, South Central, Syringa, Thumb Cellular, UBET Wireless, Unicel, United Wireless, and West Central Wireless.
*T-Mobile is not liable for delayed or undelivered messages
Westside Rentals will not be liable for any delays in the receipt of any SMS messages connected with this program. Delivery of SMS messages is subject to effective transmission from your wireless service provider/network operator.
Westside Rentals respects your privacy. We will only use information you provide to transmit your text message. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with the Service, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If we, in our sole discretion, believe that any such information is untrue, inaccurate, or incomplete, we may refuse you access to the Service and pursue any appropriate legal remedies.
By using the Web site, you represent and warrant that you have the right, authority, and capacity to agree to and to abide by all of the terms and conditions of this Agreement. Westside Rentals may terminate your account for any reason, at any time.
You understand that the Web site is available for the specific uses of advertising vacancies and communicating with prospective tenants. You agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of members from the Web site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Web site or for any other purpose. You further agree that you may not use Web site in any unlawful manner or in any other manner that could damage, disable, overburden or impair Web site. In addition, you agree not to use the Web site to:
- upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
- upload, post, email, 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;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate or harass another;
- use or attempt to use another's account, service or system without authorization from Web site, or create a false identity on this website.
Proprietary Rights in Content on Westside Rentals
All content on Web site, including but not limited to design, text, graphics, other files, and their selection and arrangement (the "Content"), are the proprietary property of Westside Rentals or its licensors. All rights reserved. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Web site's prior written permission. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited.
All trademarks, logos, trade dress and service marks on the Web site are either trademarks or registered trademarks of Westside Rentals or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Westside Rentals.
Member Content Posted on the Site
You are solely responsible for the content, photos or Content that you publish or display (hereinafter, "post") on the Service, or transmit to other users of the service (collectively the "Member Content"). You understand and agree that Westside Rentals may review and delete or remove any Content that in the sole judgment of Westside Rentals violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
By posting Content to any part of the Web site, you automatically grant, and you represent and warrant that you have the right to grant, to Westside Rentals an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
Westside Rentals respects the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Web site, please contact us at info@Westside Rentals.com and provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Links to other websites
The Web site contains links to other web sites. Westside Rentals is not responsible for the content, accuracy or opinions express in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on Westside Rentals Web site does not imply approval or endorsement of the linked web site by Westside Rentals. If you decide to leave Westside Rentals Web site and access these third-party sites, you do so at your own risk.
You are solely responsible for your interactions with other Westside Rentals Users. Westside Rentals reserves the right, but has no obligation, to monitor disputes between you and other Users.
Westside Rentals is not responsible for any incorrect or inaccurate Content posted on the Web site or in connection with the Service, whether caused by users of the Web site, or by any of the equipment or programming associated with or utilized in the Service. Westside Rentals is not responsible for the conduct, whether online or offline, of any user of the Web site or Member of the Service. The Service may be temporarily unavailable from time to time for maintenance or other reasons. Westside Rentals assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Westside Rentals is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Westside Rentals be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any Content posted on the Web site or transmitted to Members, or any interactions between users of the Web site, whether online or offline. THE WEB SITE, THE SERVICE AND THE CONTENT ARE PROVIDED "AS-IS" AND WESTSIDE RENTALS DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WESTSIDE RENTALS CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEB SITE AND/OR THE SERVICE.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL WESTSIDE RENTALS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF WESTSIDE RENTALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WESTSIDE RENTALS'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO WESTSIDE RENTALS FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
Governing Law and Venue
If there is any dispute about or involving the Web site and/or the Service, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You also agree to the exclusive jurisdiction and venue of the courts of the state and federal courts of Los Angeles County, California and waive all defenses of lack of personal jurisdiction and forum non conveniens. Any cause of action by you with respect to the Web site and/or the Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
You agree to indemnify and hold Westside Rentals, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement or your violation of any law or the rights of a third party.
Please contact us
with any questions regarding this agreement.