WEBSITE RENTAL LIABILITIES, WARRANTIES, AND NON-DISCLOSURE TERMS
3.1. Website Rental Services cannot and will not guarantee functions contained in any Web Models.
3.2. Website Rental Services cannot or will not guarantee that rented or leased Virtual Properties will remain error-free forever.
3.3. Website Rental Services is not liable to You, the Virtual Tenant, or any third-party individual or group for damages, to include lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate a Virtual Model and any an d all webpages, even if You, the Virtual Tenant, has notified Website Rental Services regarding the possibilities of such damages.
3.4. If any provision of this Virtual Rental/Lease Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
3.5. Virtual Rental/Lease Properties cannot be transferred to anyone other than You, the Virtual Tenant, without the permission of Website Rental Services.
Liability
3.6. In no event will Website Rental Services or Associates be liable to You, the Virtual Tenant, or any third- party for damages to include any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability of website usage.
3.7. Virtual Tenants may request to make changes to hosting settings associated with Rented/Leased Virtual Property. These requested changes must be approved by Website Rental Services before processing.
Warranties
3.8. Website Rental Property guarantees registered Virtual Tenants that we possess the knowledge, experience and ability to perform services required by this Agreement; that we will perform obtained services in a professional and competent manner.
3.9. We do not offer refunds once the Virtual Property is rented or leased. To minimize any issues that would command a refund, you, the Virtual Tenant is required to authorize the publishing of your registered Virtual Rental/Lease Property. Virtual Models will NOT be available to the public until the Virtual Tenant gives final approval.
3.10. When you authorize the publishing of your Virtual Rental/Lease Property, you are agreeing and acknowledging that you did, in fact, physically visited and inspected the entire Model before electronically submitting your approval signature.
3.11. Once you submit your Approval Signature, your Virtual Rental/Lease Property will be published live and available to the public within 12 hours.
Confidentiality
3.12. Website Rental Services recognizes and acknowledges that entering this Agreement creates a confidential relationship between Us, Website Rental Services and You, the Virtual Tenant.
3.13. We understand information concerning business affairs, Virtual Tenants, vendors, finances, Virtual Properties, methods of operations, computer programs, and documentation, and other such information, whether written, oral, or otherwise, is and will remain confidential in nature. All such information concerning Virtual Tenants are hereinafter collectively referred to as “Confidential Information”.
Non-Disclosure
3.14. Website Rental Services agrees that, except as directed or authorized by You, the Virtual Tenant, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever, and that upon the termination of this Agreement, all documents, papers, and other matter in its possession or control that relate to Virtual Tenant will be deleted from company's data base 24 hours after agreement has ended.
Consequential Damages:
3.15. To the maximum extent permitted by applicable law, in no event shall either party or its subsidiaries or affiliates be liable to the other party for any incidental, consequential, indirect, special, or punitive damages (including, but not limited to, lost profits (except on Website Rental Services fees collected for services rendered), business interruption, loss of business information or other pecuniary loss, and including any of such alleged to result from such party’s exercise of its rights under this Agreement) regardless of whether such liability is based on breach of contract, tort (including negligence), strict liability, breach of warranties, failure of essential purpose or otherwise and even if advised of the possibility of such damages.
3.16. The parties understand and agree that the exclusions and limitations of liability set forth in this section represent the parties’ agreement as to allocation of risk between them in connection with their respective obligations under this agreement. The fees payable to Website Rental Services reflect, and are set in reliance upon, this allocation of risk and the exclusions and limitations of liability.
Third Party Rights:
3.17. Website Rental Services™ represents, warrants and covenants to You, the Virtual Tenant, that,
(a) GriotSites Web Hosting & Designing Firm contribution to the Design Services constitute wholly original work; and
(b) to the best of Website Rental Services’ knowledge, Website Rental Services' contributions to the Virtual Model Custom Designs, do not violate, infringe upon or misappropriate any third-party rights. Notwithstanding the foregoing, Website Rental Services has not conducted any trademark clearance and makes no representation as to the availability of any element of the Design Work for Website Rental Services use as a trademark or service mark. Client shall be solely responsible for conducting any and all trademark clearance in connection with any element of the Design Work.
Indemnification:
3.18. Each party will defend, indemnify, and hold the other party, its affiliates and each of their respective officers, employees, affiliates and agents harmless from and against all third-party claims, suits, judgments, losses, damages, fines or costs (including reasonable outside attorney’s fees and expenses) related to or arising out of such party’s gross negligence, willful misconduct or material breach of this Agreement. The parties’ obligations under this paragraph will survive the expiration and/or termination of this Agreement.
View More Virtual Rental/Lease Agreement Terms Below.