Terms of Use

Terms of Use

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using this website (the “Service”) operated by Optimized Rentals (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms of Service apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms of Service, which may result in immediate termination of your account on our Service.

You are solely responsible for all usage or activity on your Account including, but not limited to, use of your User Account by any person who uses your Account Information, with or without authorization, or who has access to any computer on which your account resides or is accessible. You may not sub-license, transfer, sell or assign your User Account, your Account Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Account Information), you must promptly change the affected Account Information by using the appropriate update mechanism on the Site, if available, or notify our Privacy Officer as described in our Privacy Policy.

If you provide any information that is false, inaccurate, outdated or incomplete, or if Optimized Rentals has reasonable grounds to suspect that any information you provide is false, inaccurate, outdated or incomplete, Optimized Rentals, in its sole discretion, may suspend or terminate your account and prevent you from using the website (or any portion thereof) in the future.

Website Changes

Although Optimized Rentals does not constantly monitor the Site, it nevertheless expressly reserves the right, in its sole discretion, to monitor, refuse to publish, remove, delete, move or edit any content without notice, at any time for any reason. By using the Site, you expressly agree that Optimized Rentals (a) will not be liable for any claims, actions or judgments arising out of or related to any content and (b) may monitor, refuse to publish, remove, delete, move or edit any content without notice at any time for any reason, without liability and without providing a refund. You further expressly agree that you are solely responsible for any and all content you submit to Optimized Rentals. This includes, but is not limited to, the right to correct pricing or typographical errors that may occur on the Site. We cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Site.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Optimized Rentals and its licensors. The Service is protected by copyright, trademark, and other laws of both the Canada and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Optimized Rentals. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Site. Material may not be modified or altered in any respect, merged with other data or published in any form, in whole or in part. Prohibited uses include, but are not limited to, "screen scraping", "database scraping" and any other activity intended to collect, store, reorganize or manipulate material displayed on the Site.

You may download material from the Site and may use the Site for your personal use only, provided you keep intact all copyright and other proprietary notices.

By uploading or otherwise posting any data and other content on the Site (a "Listing" or "Review" or "Lease"), you agree that you have all right, title and interest in any such data or other content (or have otherwise obtained all necessary licenses or consents to do so). You agree that all Listings are the property of Optimized Rentals. Accordingly, you hereby automatically assign all right, title, and interest in all of your Listing upon uploading or posting your Listing onto the Site. Optimized Rentals reserves the exclusive right to review, edit, move or delete any Listing uploaded or posted on the Site, in its sole discretion, without notice.

Links to Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Optimized Rentals. We have no control over any website we are linked to so we cannot be responsible for safeguarding any information which you provide such sites and this privacy statement does not govern such sites. Caution should be exercised when visiting linked websites and the privacy statement of the website in question should be examined.

Optimized Rentals has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Optimized Rentals shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms of service and privacy policies of any third-party web sites or services that you visit.

Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Site must comply with all applicable laws, rule and regulations.

Unsolicited Submissions

In order to avoid potential misunderstandings or disputes, Optimized Rentals does not accept or consider unsolicited ideas or suggestions ("Submissions"). If you send Submissions to us, you automatically grant (or warrant that the owner of the Submissions grants) to Optimized Rentals and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Optimized Rentals or its successors, assigns and licensees. You further agree, represent and warrant that all moral rights in the Submissions are waived in favour of Optimized Rentals and its successors, assigns and licensees.

Third Party API's

From time to time, the Site may use one or more application programming interfaces obtained under license from a third party (an "API"). You agree that your use of any such APIs shall be limited exclusively to your use of the Site in accordance with the terms and conditions of this Agreement.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”) you may be asked to supply certain information relevant to your Purchase including: name, email address, mailing address, phone number, credit card information, billing address.

You represent and warrant that: You have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase, The information you supply to us is true, correct and complete. You expressly agree that Optimized Rentals is not responsible for any loss or damage arising from the submission of false or inaccurate information.

By submitting such information, you grant us the right to provide the information provided to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the product or service description or price, error in your order or other reasons. You expressly agree that Optimized Rentals cannot accept any liability for loss or damage arising out of such cancellation. We reserve the right to refuse or cancel your order if we suspect fraud or an unauthorized or illegal transaction.

Indemnification

You agree to indemnify Optimized Rentals, and its affiliates, directors, officers, employees, agents, licensors, suppliers, content providers, and the like (collectively, the "Affiliates"), and to defend and hold each of them harmless, from any and all claims and liabilities (including legal fees) which may arise from your unauthorized use of material obtained through the Site, or from your breach of this Agreement, or from any such acts through your use of the Site.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Limitation of Liability

In no event shall Optimized Rentals, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service, any content obtained from the Service, unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

In any event, Optimized Rentals's total maximum aggregate liability under these terms and conditions or arising from your use of, reliance upon, access to, or exploitation of the site or any services purchased or accessed through the site shall be limited to the purchase price actually paid by you for such services or $10, whichever is less. some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. accordingly, some of the above disclaimers and limitations may not apply to you. In such jurisdictions, the aforementioned exclusions to liability are limited to the fullest extent permitted by law.

Disclaimer

Optimized Rentals and its affiliates have not verified, checked or otherwise screened any listings on the site. for greater certainty, Optimized Rentals has no affiliation with any property listed on the site, or any landlord, tenant or other person who may use the site.

Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Optimized Rentals, its subsidiaries, affiliates, and its licensors do not warrant that: the Service will function uninterrupted, secure or available at any particular time or location, any errors or defects will be corrected, the results of using the Service will meet your requirements.

Privacy Policy

Use of the Site is subject to the terms of our Privacy Policy ("Privacy Policy"), which is hereby incorporated into and made part of this Agreement. By using the Site, you agree to be bound by the terms of our Privacy Policy.

Exclusions

Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Optimized Rentals ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Optimized Rentals or any person for whom Optimized Rentals is responsible, and even if Optimized Rentals has been advised of the possibility of such loss or damage being incurred.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Manitoba, Canada without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Dispute Resolution

Disputes between Landlord's and Tenants are to be handled between affected parties. Disputes over items like "Reviews" may be escalated to Optimized Rentals for resolution. Optimized Rentals will remove any items like "Reviews" while the dispute is being investigated and will issue a binding ruling which cannot be challenged or appealed. Optimzed Rentals provides no mandated, expressed, implied timeline for resolution. Optimized Rentals is no under obligation to provide details to its findings.

if any controversy, dispute, claim, question or difference arises with respect to the site, to services or listings that you make or access through the site, this agreement, or its performance, enforcement, breach, termination or validity (a "dispute"), the parties shall use their best efforts to settle the dispute. to this end, they shall consult and negotiate with each other, in good faith, to reach a just and equitable solution satisfactory to all parties. if the parties do not reach a solution to a dispute within fifteen (15) business days following the first written notice of the dispute by any party to the other, then upon written notice by any party to the other, the dispute shall be submitted to confidential arbitration in Winnipeg, Manitoba, Canada, except that, to the extent that you have in any manner violated or threatened to violate the intellectual property rights of Optimized Rentals or its affiliates. in such an instance, Optimized Rentals and its affiliates may seek injunctive or other appropriate relief in any provincial or federal court in the province of alberta, and you voluntarily consent to exclusive jurisdiction and venue in such courts. arbitration under this agreement shall be conducted under the rules then prevailing of the national arbitration rules of the adr institute of canada, inc. in force at the date of commencement of the arbitration proceeding. the arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. to the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise.

Choice of Language

The parties have expressly required that these terms of use be set forth and executed in the english language. les parties aux presentes ont expressment exige que la presente conventions soient redigées en la langue anglaise.

Severability

if any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms of Service at any time. When we do such updates we revise the updated date at the bottom of this page. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.

CONTINUED ACCESS OF THE SITE BY YOU WILL CONSTITUTE YOUR ACCEPTANCE OF ANY CHANGES OR REVISIONS TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY CHANGES OR REVISIONS TO THESE CONDITIONS OF USE, YOU MAY NOT USE THE SITE AND ARE TO DISCONTINUE USE OF THE SITE IMMEDIATELY.

Contact Us

If you have any questions about these Terms, please contact us.

Optimized Rentals
464 Bredin Drive
Winnipeg, Manitoba, R2K 1N6
Email: info@optimized.rentals

Revised - Jan 1, 2025