Terms of Use

1.   
Acceptance Through Use.
This website, www.rentler.com, and any related mobile sites and applications (respectively the “Sites”) and any products and services purchased or rendered therein (the “Services”) are owned and operated by Rentler, LLC, a Utah limited liability company (“we” or “us” or “our”).
By your use of the Sites or any of the Services you agree to be bound, legally and unconditionally, by these Terms of Use (“Terms of Use”) and any rules or regulations reasonably imposed by us in connection with the access or use of all or portions of the Sites.  Upon your complete and unconditional legal acceptance of these Terms of Use, you have only a limited, revocable, non-exclusive right to access and use the Sites for its intended purposes.
 

2.   
Amendment of Terms of Use.
You shall have no right to alter, amend or supplement these Terms of Use. 
If you do not intend to accept any or all of these Terms of Use, you must immediately cease and desist from any further access or use of the Sites.
We reserve the right, in our sole discretion, to update, amend, revise or replace these Terms of Use at any time or from time to time. 
To update, amend, modify or supplement these Terms of Use, we will post the changed Terms of Use on the Sites. 
All changes or additions to these Terms of Use shall be immediately effective unless (a) we expressly designate a later effective date or (b) a delayed effective date is required by law or any judicial or governmental body of competent jurisdiction. Continued use of the Sites after changes are posted constitutes consent to all policy changes.
 

3.   
Modification of Sites. We reserve the right at any time and from time to time (a) to modify or discontinue, temporarily or permanently, the Sites or any Services offered by or through the Sites or (b) to limit, suspend or terminate your current or future use of the Sites or any Services offered by or through the Sites.
 

4.   
Eligibility.  Use of the Sites or any Services provided through the Sites is void where prohibited. The Sites are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Sites by anyone under eighteen (18) is unauthorized, unlicensed and in violation of these Terms of Use. By using the Services or the Sites, you represent and warrant that you are eighteen (18) years of age or older and that you agree to abide by these Terms of Use.
 

5.   
User Accounts. Use of the Sites and any products and services purchased or rendered therein, may be used through User Accounts. Such User Accounts shall be accessible through the use of a combination of a unique User ID and a unique, secret password as well as potentially other optional authentication methods as may or may not be provided by us (the User ID, Password, and any other authentication feature together being referred to as the “Login Credentials”).

You represent that all information provided by you for Login Credentials is accurate and current. Users are obligated to choose their own User ID and Password in accordance with the rules relating thereto.
 
a)     You agree that you are solely responsible for all use of the Service under your  Login Credentials and that you shall not disclose such to any person whatsoever nor permit another person to use the website via your User Account as also provided in the User Conduct provision herein.  
b)     We do not guarantee the availability or use of any particular User ID. User IDs and other identifying Login Credentials or usernames must not be in any way unlawful, illegal, fraudulent or harmful, harassing or infringe any third party’s legal rights.  
c)     We reserve the right to terminate User Accounts for any violation of these Terms of Use in our sole discretion.  

6.   
Site Content.  Except for your limited rights to access and use the Sites as described herein and the rights to any content that you post (“User Content,” as defined in more detail below), you shall have no further rights, titles or interests in or to the Sites (or its content, items or services or the software used to host, maintain and/or operate the Sites) (the “Site Content”).
All Site Content is our proprietary property, with all rights reserved. Except as displayed and used by us on the Sites, no Site Content or User Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission.
Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods.
Any use of the Sites or the Site Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes.
Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Sites (“Submissions”), provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
 

7.   
User Content.  You are solely responsible for any written or electronic communications that you submit by or through the Sites, including but not limited to any information relating to your account, your rental property(ies), any statements, writings, content, copyrightable subject matter, audio, visual or audiovisual materials, graphical images, text or other content (“User Content”), and we may refuse to post or may delete any User Content for any or no reason, including User Content that, in our sole judgment, violates these Terms of Use or which may be offensive, illegal or violates the rights of any person or entity, or harms or threatens the safety of any person or entity. 
You represent, warrant and covenant to us that all User Content you provide, including, but not limited to information related to your rental property(ies), is true and accurate to the best of your knowledge. You may not post, transmit, or share User Content that you did not create or that you do not have permission to post.
We assume no responsibility for monitoring the Sites to detect inappropriate User Content or conduct.  We reserve the right to, any time we choose, in our sole discretion, monitor the Sites and remove any User Content we deem to violate these Terms of Use.
By doing so, we do not assume any further responsibility for any removed User Content, and we will not have any future or continuing obligation to monitor, modify or remove any inappropriate User Content. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Sites or provide to us.
You assume full responsibility for, and agree to indemnify us against any liability arising out of, any and all User Content that you post on or through the Sites or its related services, as well as for any material or information that you transmit to other users of the Sites and for your interactions with other users.
We do not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, You retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
You hereby grant to us a worldwide, non-exclusive, royalty-free, irrevocable, transferable, sub-licenseable right and license to publicly display, sell, rent, and distribute such User Content; provided, however, that we shall maintain the confidentiality of any information solicited by the Sites from you if designated as confidential by the Sites (except that, to the extent so indicated on the Sites at the time of submission.
You represent, warrant and covenant that, with respect to all of your User Content, you have all rights necessary to grant the foregoing rights and licenses, and that the User Content does not violate any law or the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any other person or entity.
You shall indemnify, defend and hold us, our partners, our affiliates, and our users harmless from and against any claim, demand or cause of action asserted by any third party alleging, directly or indirectly, that your User Content violates any law or violates or infringes upon any third party intellectual property rights of any kind or nature, of that such User Content was inaccurate or misleading or in any way did not properly represent your rental property(ies).
 

8.   
User Conduct.  You understand that the purpose of the Sites is to create a clearinghouse where potential tenants and landlords may view and post information related to rental property(ies), contact each party to request additional information regarding rental property(ies) with the intent of entering into a rental agreement with each party, and allow each party to conduct various communications and activities, such as facilitating payment and receipt of monthly rental fees, facilitating background screens, and any other service we provide now and in the future.
You agree to only use the Sites for its intended purposes.  In addition, you agree not to use the Sites to:
 
a)     harvest or collect email addresses or other contact information of other users from the Sites by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;  
b)     any way harm, damage, disable, overburden or impair the Sites;  
c)     use automated scripts and/or technologies to collect information from or otherwise interact with the Sites;  
d)     upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;  
e)     upload, post, transmit, share, store or otherwise make available any videos other than those relating to your rental property(ies) that you want to advertise as available for rent;  
f)      register for more than one user account as an individual or more than one user account for any legally incorporated business entity, register for a user account on behalf of an individual other than yourself or a legally incorporated business entity to which you have legal authority to manage such user account; or register for a user account on behalf of any group or entity;  
g)     impersonate any person or entity, or falsely state or otherwise misrepresent yourself, or misrepresent any information related to your rental property(ies);  
h)     upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;  
i)       upload, post, transmit, share, store or otherwise make publicly available on the Sites any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;  
j)       solicit personal information from anyone under the age of eighteen (18) or solicit passwords or personally identifying information for commercial or unlawful purposes;  
k)     upload, post, transmit, share 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;  
l)       intimidate or harass another individual, including your tenant(s) or landlord whether on-site or offline;  
m)    upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;  
n)     use or attempt to use another's account, service or system without authorization from Us, or create a false identity on the Sites;  
o)     upload, post, transmit, share, store or otherwise make available content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Sites, or which may expose us or our users to any harm or liability of any type;  
p)     circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Sites;  
q)     covering or obscuring the advertisements on any Sites page via HTML/CSS or any other means;  
r)      any automated use of the system, such as, but not limited to, using scripts to inappropriately add or take away information to your account or any other profile of another user or send comments or messages;  
s)     interfering with, disrupting, or creating an undue burden on the Sites or the networks or services connected to the Sites;  
t)      using the account, username, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account;  
u)     selling or otherwise transferring your account; and  
v)     displaying an unauthorized commercial advertisement on your account (an unauthorized commercial advertisement means any type of commercial advertisement except for the listing of your rental property(ies) for rent or providing information regarding your rental property(ies), or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Sites on behalf of that person, such as placing commercial content on your account, posting blogs or bulletins with a commercial purpose (except for the commercial purpose of renting your rental property(ies)), or sending private messages with a commercial purpose outside of the commercial purpose of renting your rental property(ies).  

9.   
Posting Requirements and Restrictions.  In addition to any other requirements or restrictions set forth in these Terms of Use, the following requirements and restrictions apply to all User Content you post to the Sites:
 
a)     All posts must clearly indicate the address(es) of your rental property(ies) where appropriate. Only one (1) listing is allowed per property address and or per apartment community.  
b)     All properties must be listed under the correct property type defined as follows:
(i) House – a detached residence owned by an individual. 
(ii) Basement/In-Law Apartments – An apartment located below street level, underneath another structure - usually a house. Includes a seperate entrance and amenities. 
(iii) Apartment – a suite of rooms forming one residence, typically in a building containing a number of similar groups of rooms (including duplexes).
(iv) Condo/Townhome – a building or complex of buildings containing a number of individually owned residences.
(v) Single Room – a room for rent with shared kitchen and common areas within the same building structure.
(vi) Sublease – the transfer of lease from a current tenant to another person, but with the original tenant retaining some right or interest under the original lease. 
(vii) 55+/Senior Living – any home, apartment, room or residence that is reserved for people over the age of 55. 
c)     Listings may not contain links to, content from, or any directions to access your internet websites or applications. Listings also may not contain links to the internet websites or applications of any other third party.  URL redirection or URL forwarding from your posts is also prohibited.  
d)     With exception of the listing itself, property listings may not display commercial advertisements or promotions of any kind, including, without limitation, commercial advertisements or promotions relating to your rental property(ies) or to seminars or other instructional training sessions of any kind.   
e)     Images posted must be actual, unedited photographs of
(i) your rental property(ies) (interior and exterior);
(ii) signs or entrances to the apartment community or other community in which your rental property(ies) are located; and/or
(iii) any amenities appurtenant to such property(ies), such as swimming pools, playgrounds, and open space located in the apartment community or other community association and to which your tenant(s) would have access during the term of their lease.  Images posted may also be depictions of floor plans of your rental property(ies).  Images not expressly permitted pursuant to the foregoing are prohibited, including, without limitation, images of individuals or animals.  Images otherwise permitted hereunder may not contain any watermarks or added text of any kind.  By posting any such images, you represent and warrant that you have the right to post such images and that such images will in no way infringe any intellectual property rights of any third party.
 
f)      Duplicate listings or postings of your rental property(ies) are prohibited.
(i) For apartment and other categorty communities, you are allowed one (1 free) listing per community (under 30 units). If you have over 30 units you will need to upgrade to a package. See contract for further terms, if applicable.
(ii) For rentals in all categories other than communities, you may have two (2) active listings per company. If you create multiple user accounts for a single company, all extra accounts will be migrated to one account. If you continue to abuse the system then legal action will be taken.     
g)     Property listings are displayed for thirty (30) consecutive days and may be renewed upon expiration. Property listings may be manually refreshed to the top of the listing results every fourteen (14) days. Deleting and reposting your rental property(ies) to game the listing position of your rental property(ies) listing(s) is prohibited. We reserve the right to remove your listing and suspend your account if you are caught deleting and reposting.  
h)     All property listings and associated advertisements must not discriminate based on preference toward any specific race, color, national origin, religion, sex, familial status, handicap (disability), or any other protected class within an applicable jurisdiction. We reserve the right to remove any property listing and suspend any account that does not meet the standards outlined in the Federal Fair Housing Act, similar and applicable state acts, and/or applicable county or municipal ordinances.   

A guide to these Posting Requirements and Restrictions can also be found at http://support.rentler.com/customer/portal/articles/1134716-six-golden-rules-to-post-your-listing-on... and are subject to update, amendment, revision or replacement at any time or from time to time solely at our discretion. 

10. Paid listingsWe do not give refunds or partial refunds for any paid listings. Be cautious of how many featured days you reserve and pay for. We only have a limited number of spots available for featured listings. Therefore, once you reserve specific days for featured placements, we do not refund for unused days.   
 a)   Featured ads are placed above all search results, within one (1) of the first ten (10) slots on every page. Featured ads are displayed based on an algorithm that reveals ads based on zip code; these ads will share placement with other subscribed customers and will cycle through evenly.
 b)   Free listings are placed below Featured listings. The placement of free listings is based on date posted (the most recent posted listing having the higher placement above later posted listings).
 c)   A ribbon highlights a feature of your rental property and is displayed for the life of your listing (30 days). Ribbons are displayed with a banner and text highlighting an amenity or feature on the front photo of your listing.

11.   Intellectual Property Protection.   We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Sites any materials that violate another party's intellectual property rights. If you believe copyrighted work is available on this website in a way that constitutes copyright infringement, please send notification to support@rentler.com. Your notification must include the following:  
a)     Identification of the copyrighted work that is the subject of the claimed infringement or, if multiple copyrighted works are involved, a representative list of such works;
b)     Identification of the allegedly infringing material, together with information reasonably sufficient to permit us to locate such material;
c)     Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number and email address;
d)     A statement by you that you have a good faith belief that the copyrighted work identified in this notification is being used in a manner that is not authorized by the copyright owner, its agent or the law;
e)     A statement by you, signed under penalty of perjury, that the information contained in this notification is accurate and that you are authorized to act on behalf of the owner of the copyrighted work that is allegedly being infringed; and
f)      An electronic signature and/or acknowledgement of the owner of the copyrighted work or a person authorized to act on its behalf.  

When we receive proper notification of alleged copyright infringement, we will promptly remove or disable access to the allegedly infringing material and notify the party infringing the alleged copyright infringement. If you believe your material was mistakenly removed due to copyright infringement, you may submit a counter notification to support@rentler.com.

Your counter notification must include the following:

a)     Identification of the allegedly infringing material that was removed or disabled by us and the location where the material appeared before it was removed or access to it was disabled;
b)     A statement under penalty of perjury that you have a good faith belief that the allegedly infringing material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
c)     Your name, address and telephone number and a statement that the you consent to the jurisdiction of the United States federal district court for the judicial district in which the address provided by you is located and will accept service of process from you. If you are located outside the United States, you must include a statement that you consents to the jurisdiction of any United States federal district court in which we may be found; and
d)     An electronic signature and/or acknowledgment.
e)     Upon receipt of a counter notification we will take the following steps:
f)      Inform you that we will replace the allegedly infringing material or cease disabling access to it within ten (10) business days; and
g)     Replace the removed allegedly infringing material or cease disabling access to it not less than ten (10) nor more than fourteen (14) business days following receipt of the counter notification; provided We have not been supplied with evidence that a court order to restrain the infringing material from being used on the Sites.

In accordance with the Digital Millenium Copyright Act (DMCA) and other applicable laws, we have adopted a policy of terminating, in our sole discretion, the accounts of members who are deemed to be repeat infringers. We may also, in our sole discretion limit access to the Sites or terminate the account of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

12.   
Privacy Policy.  We care about and take seriously the privacy of Our users. Our Privacy Policy can be viewed at https://www.rentler.com/page/privacy-policy.
By using the Sites, you are consenting to have your personal data transferred to and processed in the United States.


13.   
Mobile Use and Access.  The Sites may be accessed via mobile devices; however, your carrier's normal messaging, data and other rates and fees will still apply.
In addition, downloading, installing, or using certain features of the Sites may be prohibited or restricted by your carrier, and not all Site features may work with all carriers or devices.
By using the Sites via your mobile device, you agree that We may communicate with you via your mobile device regarding the Sites and other entities by SMS, MMS, text message or other electronic means and that certain information about your usage of the Sites via your mobile device may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are sent to the correct individual
.


14.   
Interaction with other Users.  You are solely responsible for your interactions with other users of the Sites.  We reserve the right, but have no obligation, to become involved in any way with disputes between you and other users.


15.   
Disclaimers.  You expressly acknowledge and agree, and hereby irrevocably and unconditionally waive and relinquish any claims or demands against us (and agree to indemnify us against same) that we shall not be liable to you or any other third party for any claims, demands, damages or causes of action of any kind or nature related to or arising from:
a)     any modification, suspension or discontinuance of the Sites or any items or Services offered by or through the Sites;
b)     for any loss or damage arising from or related to any data, information, content or other materials found in or provided by the Sites;
c)     any loss, destruction or deletion of any data or any failure to retain archival or backup copies of such data;
d)     any acts or omissions of users or otherwise related to the Sites;
e)     any injury or damage to users or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Sites; or
f) for any personal injury or death, resulting from anyone's use of the Sites.

16.   
Third Party Content.  The Sites (including any software, data, content or copyrightable subject matter found or accessible on the Sites) may contain links to or content from internet sites or other electronic resources owned, controlled or operated by third parties (“Third Party Sites”). 
We exercise no control whatsoever over such other Third Party Sites or the software, data, information, content or other materials from or found on such Third Party Sites.  We shall not be liable under any circumstance, and bear no responsibility, for any claims, demands, damages or causes of action of any kind or nature related to or arising from your access or use of any Third Party Sites or the information, materials or other content displayed on or accessible through such Third Party Sites.

17.   
Fair Housing.  Landlord, you represent and warrant that you have read and accepted Our Fair Housing Policy located at http://support.rentler.com/customer/portal/articles/1434951-fair-housing and are in compliance with all federal and state laws in your decision to accept or deny a tenant for a particular rental property. Landlord further represents and warrants that all User Content (including, without limitation, any information related to your property(ies)), is true and accurate and does not violate any federal, state, local or international law or regulation.
Tenant represents and warrants that all User Content (including, without limitation, information included on your account, applications, background checks, etc.) is true and accurate and does not violate any federal, state, local or international law or regulation. In addition, you as Landlord acknowledge and agree, to hereby indemnify us against any claims or demands related to any such fair housing claims arising from User Content posted or created by you.

18.   
Information AccuracyLandlord, you represent and warrant that all User Content submitted by you (including, without limitation, any information related to your property(ies)), is true and accurate and does not violate any federal, state, local or international law or regulation.
Tenant represents and warrants that all User Content submitted by you (including, without limitation, information included on your account, applications, background checks, etc.) is true and accurate and does not violate any federal, state, local or international law or regulation. We have selected reputable providers for third party content (including identification verification, background checks, etc.).
However, users of the Sites acknowledge that we do not verify the accuracy of any information provided through these Third Party Sites nor do we warrant the accuracy, completeness or usefulness of any of the information provided through Third Party Sites.
We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Sites, or by anyone who may be informed by any of the materials content.
 

19.   
Disclaimer of Warranty.  YOUR USE OF THE SITE AND/OR ANY ITEMS OR SERVICES PROVIDED BY OR THROUGH THE SITE IS AT YOUR SOLE RISK.  THE SITE AND/OR ANY ITEMS OR SERVICES PROVIDED BY OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, INTEROPERABILITY AND NON-INFRINGEMENT. 
 

20.   
Limitation of Liability.  WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE AND/OR ANY ITEMS OR SERVICES PROVIDED BY OR THROUGH THE SITE.  IN NO EVENT SHALL OUR LIABILITY TO YOU, IF ANY, UNDER THESE TERMS OF SERVICE EXCEED $50.00 IN THE AGGREGATE. 
 

21.   
Arbitration.  YOU AND WE AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN ANY SPECIFIC AGREEMENTS APPLICABLE TO CERTAIN SERVICES OFFERED THROUGH THE SITES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE FOR THE SITES SHALL BE FINAL AND BINDING ARBITRATION HELD IN SALT LAKE COUNTY, UTAH PURSUANT TO THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, except that to the extent that either party has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought. No arbitration or claim under these Terms of Use shall be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of the Sites and no class arbitration proceedings shall be permitted. In no event shall any claim, action or proceeding by you related in any way to the Sites (including your visit to or use of the Sites) be instituted more than three (3) years after the cause of action arose. Subject to the arbitration provisions above, these Terms of Use and any claims arising out of these Terms of Use, including copyright or patent infringement claims shall be governed by and construed in accordance with the substantive laws of the State of Utah, without regard to conflicts of law principles.  Subject to the arbitration provisions above, by accepting these Terms of Use, You irrevocably and unconditionally consent to and submit to the jurisdiction of the state and federal courts located in Salt Lake County, Utah, and hereby waive any defense or objection, whether procedural or otherwise, based upon lack of personal jurisdiction, inconvenient forum or the like.
 

22.   
Waiver of Trial by Jury.  EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.  FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION.  EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
 

23.   
No Waiver.  Our failure to take any action (or delay in taking any action) under these Terms of Use, or the waiver of a breach of these Terms of Use, shall not affect our rights to require performance hereunder or constitute a waiver of any subsequent breach.  A waiver to be valid must be in writing and signed by one or our executive officers, but need not be supported by consideration.
 

24.   
Notices.  All notices, requests or other communications under these Terms of Use shall be in writing and shall be delivered via internet e-mail as follows: if to you, addressed to the e-mail address you submit by or through your use of the Sites, as reflected on Our books and records; and if to us, addressed to the following e-mail address: support@rentler.com. All notices, except notices of change of e-mail address, shall be deemed given when electronically mailed and notices of change of address shall be deemed given when received.
 

25.   
Interpretation.  These Terms of Use shall be fairly interpreted in accordance with the terms hereof without any strict construction in favor of or against either party, and ambiguities shall not be interpreted against the drafting party.  In interpreting these Terms of Use, the word “or” shall not be construed as exclusive and the word “including” shall not be construed as limiting.  The headings herein are for reference only and shall not define or limit the provisions hereof.


26.   
Integration and Severability. These Terms of Use, along with the Privacy Policy, the Copyright Policy, if any, posted elsewhere within the Sites, constitute the entire agreement between us and you with respect to the Sites and supersede all prior or contemporaneous communications and proposals with respect to the Sites. If any provision of these Terms of Use, the Privacy Policy, the Copyright Policy, if any, are determined to be invalid or unenforceable, all other provisions thereof will remain in full force and effect.
   

27.   Online Rental Applications. As part of the Services, we will provide you notification of and access to tenant applications. You accept all responsibility, liability and obligations associated with the safekeeping and confidentiality of such tenant applications. You further agree to indemnify us and hold us harmless as a result of any claims resulting from your access to tenant applications.      

28.   Credit Checks and Background Reporting. As part of the Service we have partnered with third-party credit and background reporting agencies.  As part of this service, when a landlord requests a credit report from a prospective tenant, we will give the tenant the option to order a credit report to be shared with the requesting landlord. During this process we may ask for personally identifiable information (including Social Security Number) that we will share with our third-party reporting agencies for the purposes of generating those reports. Any information we gather from you relative to credit and background reports will not be stored by us (except temporarily to facilitate each specific report) nor will this information be used for any other purpose than facilitating these credit and background reports. We are not responsible for the contents of any credit report, whether correct or incorrect. Credit and background reporting is provided by third-parties and may not be available at all times due to reasons beyond our control. If you have any questions regarding these services or the reports contact us at support@rentler.com

29. Identity Verification. To ensure the safety and protection our customers, prior to allowing access to certain features of the service, we require identify verification either directly with us or through third-party identification verification services. Identity verification may require further information based on your credit profile. For Experian PreciseID verification, you acknowledge and understand that you are providing ‘written instructions’ to us under the Fair Credit Reporting Act authorizing us to obtain information from your personal credit profile or other information from Experian. You authorize us to obtain such information solely to confirm your identity. NOTHING HEREIN SHALL BE CONSTRUED TO REQUIRE US TO VERIFY THE IDENTITY OF ANY USER ON THE WEBSITE NOR WILL WE HAVE ANY LIABILITY FOR FAILURE TO VERIFY ANY USER’S IDENTITY.

30. Rental Forms. All forms are provided as-is and without any warranties, implied or express.  Users are advised to always verify the validity of any form in light of your state and local laws, court decisions, and statutory changes. Because situations and properties differ, Users should always consult their own legal counsel for advice and to make sure that the forms are properly used.  If you have any questions about how to fill out these forms or how to properly serve them, it is important that you consult with your legal counsel. Nothing in the forms shall be considered legal advice nor shall User have any claim against Rentler, its agents, or attorneys nor against the attorneys who provided the forms. User shall use the forms at its own risk and shall hold harmless Rentler, its agents, or attorneys and the attorneys who provided the forms from any and all liability.Any disputes between Landlord and Tenant with respect to any rental forms provided by Rentler must be resolved outside of the Services and Website. Rentler does not have control of or assume any liability for actions of Users on the Service, including, but not limited to the content of any rental agreements.These forms are protected under Federal copyright laws. They may only be used by current clients of Rentler. They may not be copied or changed. Users may not modify the forms, may not copy them in whole or in part, and may not allow others to utilize the forms.  
  

Upon signing up for the Service, you expressly agree and authorize us to charge your provided credit card or debit card, in advance, a fee for access to the Service (the "Forms"). You acknowledge that we reserve the right, at any time, to modify the Fee and billing methods. Your payment grants you access to the Service for that single unit. You may purchase additional subscriptions to use the Services for additional properties. The Fee will be charged at the time of use. For certain payment methods, the issuer of your payment method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details. PAYMENTS ARE NONREFUNDABLE, AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED SERVICES. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We are not responsible for the products and services provided by third parties. We reserve the right to modify, terminate, or otherwise amend our offered services.