E-Sign and e-Delivery consent

IMPORTANT NOTICE: THESE E-SIGN SUPPLEMENTAL TERMS (“E-SIGN TERMS”) ARE SUBJECT TO AND MADE A PART OF THE RENTSPREE, INC. TERMS OF SERVICE (“TERMS OF SERVICE”), INCLUDING ITS PROVISIONS FOR MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE WITH RENTSPREE RELATED TO YOUR (OR YOUR ORGANIZATION’S) USE OF THE E-SIGN SERVICE TO BINDING ARBITRATION INSTEAD OF PROCEEDING IN COURT, UNLESS YOU OPT OUT AS DESCRIBED IN THE TERMS OF SERVICE. THE TERMS OF SERVICE ALSO INCLUDE A JURY WAIVER AND A PROHIBITION OF CLASS ACTIONS.

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Capitalized terms not defined here (such as “Platform” and “Services”) have the meanings given in the Terms of Service. If there is a conflict between the Terms of Service and these E-Sign Terms, these E-Sign Terms control with respect to the E-Sign Service. RentSpree may update these E-Sign Terms from time to time. When material changes are made, RentSpree will make reasonable efforts to provide notice to you, and your continued use of the E-Sign Service after updated E-Sign Terms are posted constitutes your acceptance of them.

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RentSpree provides you with the ability to obtain electronic signatures and deliver documents to your tenants and applicants electronically (the “E-Sign Service”). RentSpree offers you this service subject to its Terms of Service and these E-Sign Terms. 

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Fees. If the E-Sign Service is included in a paid subscription, such as RentSpree PRO, the pricing, automatic renewal, price-change notice and cancellation terms of that subscription’s Supplemental Terms apply. If RentSpree charges a separate fee for the E-Sign Service, RentSpree will disclose the fee before you incur it, and any increase to a recurring fee will be made only with the advance notice described in the applicable RentSpree Supplemental Terms.

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In using our E-Sign Service, you represent and warrant that you have obtained the consent of the applicant or tenant to use electronic signatures and document delivery and have complied with all applicable requirements under the Uniform Electronics Transactions Act (UETA), the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and any other applicable laws, including, where the applicant or tenant is a consumer, providing the disclosures required by 15 U.S.C. § 7001(c) (including the right to receive paper copies, the right to withdraw consent and how to do so, the documents the consent covers, and the hardware and software needed to access and keep the records) and obtaining the consumer’s affirmative consent in a manner that reasonably demonstrates the consumer can access the records electronically. 

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Excluded documents. You may not use the E-Sign Service as the only method of delivering any notice that applicable law requires be delivered in paper or by a specific method, including notices of default, acceleration, repossession, foreclosure, eviction, or the right to cure under a rental agreement for a primary residence, and notices of cancellation or termination of utility services. You are solely responsible for serving these notices as required by law.

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Further, you acknowledge and agree that you are responsible for authenticating and verifying the identity of parties using the E-Sign Service, and that RentSpree is not responsible or liable for verifying or authenticating any information you enter or upload onto our Platform. 

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You must have a documented identity verification process, and we may from time to time request that you provide us a copy of that process. In addition, you must retain for seven (7) years, or the period set out in applicable law, a record of the method and the document or source you relied on (which need not include a copy of the identity document itself, unless required by law) to verify the identity of any applicant or tenant who used the E-Sign Service. You may not use, request or upload Social Security numbers, passwords or full financial account numbers as part of identity verification through the E-Sign Service, and you may not include them in documents sent through the E-Sign Service unless required by law.

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You are solely responsible for the documents you upload or deliver through the E-Sign Service, for providing applicants and tenants with the opportunity to use paper documents when requested, and for determining whether it is appropriate to enter into electronic transactions with your applicants or tenants. 

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Record retention. RentSpree makes completed documents and their signature audit trail available in your account after completion. You are responsible for downloading and keeping copies of completed documents for as long as you need them or as required by law, and for providing copies to applicants and tenants.

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From time to time, we may receive requests to opt-out of electronic signatures or delivery of electronic documents from your applicants or tenants and we will promptly forward that information to you. Other than forwarding opt-out requests to you, we have no responsibility to manage opt-outs to our E-Sign Service, and you are solely responsible for complying with any opt-out and consent-withdrawal requests from your applicants and/or tenants.

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Other Terms and Conditions

For all other terms and conditions, including, but not limited to, User Conduct and Acceptable Use; Intellectual Property Rights and Use of Data; Personal Information, Data , Rights and Confidentiality; Security Breach Notification; Trademarks and Ownership; DMCA Compliance; Disclaimer, Liability and Indemnification; Dispute Resolution (including the 30-day arbitration opt-out right); Notice; Governing Law; and other general terms (including Compliance with Law, Severability, Entire Agreement, Waiver, Relationship of the Parties, Assignment and Survival), please consult our Terms of Service.

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Questions or Concerns?

We’re here to help. If you have questions about these Terms, please reach out:

• General support: [email protected]
• Privacy and data requests: [email protected]
• Legal inquiries: [email protected]

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