Revised May 7, 2019
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.
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”).
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 screenings, 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).
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 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 apartment communities, you may have two (2) active free listings per user. 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 listings. We 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 at the top of the search results on the first 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 paid 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 email@example.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 acknowledgment 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 firstname.lastname@example.org.
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 Millennium 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.
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 Accuracy. Landlord, 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.
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.
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. The screening fee is non-refundable and each screening is only good for use on a single application and cannot be transferred to applications for other properties or landlords.If you have any questions regarding these services or the reports contact us at email@example.com.
29. Identity Verification. To ensure the safety and protection of our customers, prior to allowing access to certain features of the service, we require identity verification either directly with us or through third-party identity verification services. Identity verification may require further information based on your credit and account 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 their 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. 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.