Carrsun Furniture Rental - Furnishing Management System
Carrsun User Agreement

CARRSUN FURNITURE MANAGEMENT SYSTEM USER AGREEMENT

Last updated on February 10, 2012

Carrsun Furniture Rental, Inc. provides luxury accommodations in select apartment properties (collectively, "Service Providers") at affordable rates for short or extended stays for the client or user. This system provides you ("You"),the opportunity to manage property rentals, setups and support scheduling.

In order to use the Service (as defined below), You must read and accept all of the terms and conditions in, and linked to, this Membership Agreement (this "Agreement"), which may be modified by Carrsun Furniture Rental from time to time at our sole discretion. All modifications will be posted on www.carrsunfurniture.com (our "Website") and such modifications will become effective immediately upon the posting thereof. It is your responsibility to review this Agreement on a regular basis to keep yourself informed of any modifications. We strongly recommend that, as You read this Agreement, You also access and read the linked information. By accepting this Agreement, You also agree that Your use of Carrsun Furniture Rental-branded websites or other websites we operate may be governed by separate membership agreements and privacy policies. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.

TERMS OF USE

1. REGISTRATION INFORMATION

As a condition of Your use of the Service, You agree to (a) provide Carrsun Furniture Rental with true, accurate, current and complete information as prompted by the Carrsun Furniture Rental' s registration forms, when registering for or using the Service and (b) update and maintain the truthfulness, accuracy and completeness of such information.

2. MINIMUM AGE

If You are under the age of eighteen (18), You are prohibited from using or registering for the Service. Due the nature of the legal stipulations, only those over 18 are qualified to agree with the terms set forth.

3. USE VOID WHERE PROHIBITED

Membership in the Service is void where prohibited.

4. PRIVACY POLICY

Carrsun Furniture Rental has established a privacy policy to explain to You, and other users, how your personal information is collected and used. This privacy policy is located at http://www.carrsunfurniture.com/privacy.htm.

5. CANCELING USER ACCESS

If You decide to cancel Your USER ACCESS with the Carrsun Furniture Rental, Your cancellation request mAY bE sent by first class certified mail, by TELEPHONE, by FACSIMILE or by emaiL. all methods are provided on the Contact us form page at http://www.carrsunfurniture.com/contactus.php

6. ACCOUNT SECURITY

Carrsun Furniture Rental will assign You a user ID and a password before you register, by means of our office. Your user ID and password may only be used by Youalone. You are solely responsible for maintaining and protecting the confidentiality of Your user ID and password, and are fully responsible for all activities that occur under Your user ID and password.

7. LIMITED LICENSE TO WEBSITE

By agreeing to the terms and conditions of this Agreement, Carrsun Furniture Rental grants You a limited license to access and use the Service for Your business transactions. You acknowledge and agree that You will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational (or any other non-personal) purpose any content, without the express written consent of Carrsun Furniture Rental.

8. SERVICE PROVIDERS

Carrsun Furniture Rental does not endorse and is not responsible or liable for any Content, Service Provider Content, data, advertising, products, goods or services available or unavailable from, or through, any Service Providers (which includes, but is not limited to, apartment complexes and condos). You agree that should You use or rely on such Content, Service Provider Content, data, advertisement, products, goods or services, available or unavailable from, or through any Service Provider (which includes, but is not limited to, apartment complexes and condos), Carrsun Furniture Rental is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Service Provider (which includes, but is not limited to, apartment complexes and condos), and any other terms, conditions, representations or warranties associated with such dealings, are between You and such Service Provider (which includes, but is not limited to, apartment complexes and condos) exclusively and do not involve Carrsun Furniture Rental. You should make whatever investigation or other resources that You deem necessary or appropriate before hiring or engaging Service Providers (which includes, but is not limited to, apartment complexes and condos).You agree that Carrsun Furniture Rental is not responsible for the accessibility or unavailability of any Service Provider (which includes, but is not limited to, apartment complexes and condos) or for Your interactions and dealings with them, waive the right to bring or assert any claim against Carrsun Furniture Rental relating to any interactions or dealings with any Service Provider (which includes, but is not limited to, apartment complexes and condos), and release Carrsun Furniture Rental from any and all liability for or relating to any interactions or dealings with Service Providers (which includes, but is not limited to, apartment complexes and condos).

9. YOUR CONDUCT

In connection with Your use of the Service, You represent and warrant that You:

(a)are above the age of eighteen (18);

(b) will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;

(c) will not share any content that may be considered by Carrsun Furniture Rental to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person's privacy or proprietary rights, or racially, ethnically or otherwise objectionable;

(d) will not deploy content that is encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Website;

(h) will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);

(i)will not add non-local or otherwise irrelevant Content, repeatedly adding the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

(j)will not take any action that would undermine the function and process under the Service;

(k)will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service;

(l) will not use the Service in any manner that infringes, misappropriates or violates any third party's rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party's rights of publicity, contractual rights, fiduciary rights or intellectual property rights;

(m)will not use the Service in any way that could interfere with the rights of Carrsun Furniture Rental or the rights of other users of the Service;

(n)have sufficient rights in and to all Content that You provide, transmit or otherwise convey to Carrsun Furniture Rental in connection with the Service;

(o)agree not to re-sell or assign Your rights or obligations under this Agreement;

(p)will not reproduce, duplicate, copy, sell, re-sell or exploit any Content;

(q)will not access any Content for any commercial, educational or other purposes not related to Your personal purchasing decisions, the express written consent of Carrsun Furniture Rental, which consent may be withheld by Carrsun Furniture Rental in our discretion.

10. DISCLOSURE OF INFORMATION

Carrsun Furniture Rental may make Your identifiable information, account information and the Content available to our employees and third parties with whom we contract for use to handle Your account. In addition, Carrsun Furniture Rental may provide non-personally identifiable aggregate statistics, unique identifiers, demographic and other anonymous information about You and Carrsun Furniture Rental users to advertisers, Service Providers and other third parties. You agree that Carrsun Furniture Rental may make such uses of information You provide or Carrsun Furniture Rental collects.

You agree that Carrsun Furniture Rental may access, preserve and disclose Your account information, any information provided by You to Carrsun Furniture Rental, including, but not limited to, the Content for the purposes described in this Agreement, if required to do so by law or if in good faith, Carrsun Furniture Rental believes that such access, preservation or disclosure is reasonably necessary to: (a) comply with any legal process, including but not limited to an enforceable court order or lawful third party subpoena; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property or personal safety of Carrsun Furniture Rental, its users and/or the public.

As Carrsun Furniture Rental continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, customer information generally is one of the transferred business assets. You hereby consent to the transfer of Your information as one of the transferred assets and to be used for any purpose allowed under this Agreement.

11. TERM AND TERMINATION

The initial term of this Agreement will be defined in Your USER ACCESS, and will continue for USE of SERVICE thereafter until termination by either party in accordance with THE TERMS OF this Agreement.

If Carrsun Furniture Rental deems it necessary, in its sole discretion, Carrsun Furniture Rental may immediately terminate this Agreement, Your account and Your access to the Service. If Carrsun Furniture Rental merely terminates Your account for its convenience and You are not in breach of this Agreement, Carrsun Furniture Rental will restore your account as previously established.

Termination of Your account will include removal of Your access to all offerings of the Service, deletion of Your password, deletion of all related information and files, may include the deletion of the Content associated with Your account (or any part thereof), and barring Your further use of the Service.

12. MODIFICATION OF TERMS AND CONDITIONS

Carrsun Furniture Rental will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on our Website (www.carrsunfurniture.com). Carrsun Furniture Rental will make note of the date of the last update to the Agreement on the first page of this Agreement. You are responsible for reviewing these terms and conditions regularly. Your continued use of the Service after such modifications will be deemed to be Your conclusive acceptance of all modifications to this Agreement. If You are dissatisfied as a result of such modification(s), Your only recourse is to immediately discontinue use of the Service.

13. MODIFICATION, LIMITATION AND DISCONTINUANCE OF SERVICE

Carrsun Furniture Rental reserves the right at any time to limit access to, modify, change or discontinue the Service with or without notice to You and we shall not be liable to You for any such modification, suspension or discontinuance of the Service. You agree that Carrsun Furniture Rental will not be liable to You or to any third party for any such limitation, modification, change, suspension or discontinuance of the Service. You agree that Carrsun Furniture Rental may establish general practices, policies and limits, which may or may not be published, concerning the use of the Service, including without limitation, the time that access and entered content will be retained, the maximum number of entries and transactions that may be sent from an account, the details of each transaction and monetary value sent, and the maximum number of times and the maximum duration for which You may access the Service in a given period of time. You agree that Carrsun Furniture Rental has no responsibility or liability for the deletion or failure to store any orders, notes and other communications maintained or transmitted by or through the Service. You agree that Carrsun Furniture Rental has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

14. DELAYS

The Service may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Carrsun Furniture Rental is not responsible for any delays, failures or other damage resulting from such problems.

15. USER FEEDBACK

Carrsun Furniture Rental appreciates hearing from You, as well as our other users, and welcomes Your comments regarding our Service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value Your feedback on our Service, please be specific in Your comments regarding our services and do not submit materials. If, despite our request, You send us drawings, concepts or other information (collectively, the "Submissions"), such Submissions will be the property of Carrsun Furniture Rental. In addition, none of the Submissions will be subject to any obligations of confidentiality and Carrsun Furniture Rental will not be liable for any future use or disclosure of such Submissions.

16. COPYRIGHT MATERIALS

Aside from user-submitted Content and Service Provider Content, all other materials and other information on the Website, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the "Copyright Materials") are the exclusive property of Carrsun Furniture Rental and/or its licensors and are protected by all United States and international copyright laws.

17. WARRANTY DISCLAIMER

You understand and agree that THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT Carrsun Furniture Rental ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE BY THE SERVICE. Carrsun Furniture RentalEXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR Carrsun Furniture RentalCOLLECTS WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT USE OF THE SERVICE AND THE WEBSITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to You as they relate to implied warranties.

18. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Carrsun Furniture RentalWILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Carrsun Furniture RentalHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, "DAMAGES"), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY Carrsun Furniture RentalOR THE FAILURE OF Carrsun Furniture RentalTO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You.

19. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Carrsun Furniture Rental, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and court costs due to or arising from: (a) any violation of this Agreement by You; (b) the inaccurate or untruthful Content or other information provided by You to Carrsun Furniture Rental or that You submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm You may have caused to another. Carrsun Furniture Rental will have sole control of the defense of any such damage or claim.

20. BREACH OF AGREEMENT AND LIQUIDATED DAMAGES

You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for Carrsun Furniture Rental to pursue legal action to enforce the terms and conditions of this Agreement, You will be liable to pay us the following amounts as liquidated damages, which you accept as reasonable estimates of Carrsun Furniture Rental's damages for the specified breaches of this Agreement:

(a) If you copy and paste content in violation of this Agreement, You agree to promptly pay Carrsun Furniture Rental One Thousand Dollars ($1,000) for each item of Content posted in violation of this Agreement. We may (but shall not be required to) to issue You a warning before assessing damages.

(b) If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of this Agreement, You agree to pay Ten Thousand Dollars ($10,000).

(c) If you use computer programming routines that are intended to aggregate records or reports from the Service or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Website, You agree to pay One Hundred Dollars ($100) for each report or record that is aggregated, disrupted, damaged or otherwise affected by You.

(d) Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, you agree to pay the actual damages suffered by Carrsun Furniture Rental, including, but not limited to attorneys' fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.

21. NOTICE

You agree that Carrsun Furniture Rental may communicate any notices to You under this Agreement, through electronic mail, regular mail or posting the notices on the Website. All notices to Carrsun Furniture Rental will be provided by either sending: (i) an email; or (ii) a letter, first class certified mail, to the mailing details found on the contact page. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.

22. ENTIRE AGREEMENT

This Agreement governs Your use of the Service and constitutes the entire agreement between You and Carrsun Furniture Rental. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between You and Carrsun Furniture Rental regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between You and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with Your obligations and duties to Carrsun Furniture Rental under this Agreement.

23. GOVERNING LAW

This Agreement and the relationship between You and Carrsun Furniture Rental will be governed by the laws of the State of Indiana, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where You may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Indianapolis, Indiana and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that Carrsun Furniture Rental may elect, in its sole discretion, to litigate the action in the county or state where any breach by You occurred or where You can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.

24. MISCELLANEOUS

This Agreement may not be re-sold or assigned by You. If You assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of Carrsun Furniture Rental rights if Carrsun Furniture Rental fails to enforce any of the terms or conditions of this Agreement against You. In the event a court finds a provision in this Agreement to not be valid, You and Carrsun Furniture Rental agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between You and Carrsun Furniture Rental as a result of this Agreement or use of the Service. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of this Agreement.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.


©2012 Carrsun Furniture Rental, Inc.   |   FMS version 2.5   |   System By Innovative Design