RentSpree, Inc. (“RentSpree”, “We”, “Us” or “Our”) provides a platform where landlords, their representatives, real estate brokers, property managers, sub-lessors, renters and prospective renters can find and exchange information about rental properties and, if they choose, arrange transactions with one another (“Platform”).
If you don’t wish to be bound by these Terms, you may not access or use the Platform or Services. If you’re entering into these Terms on behalf of a company, organization or other entity, you represent and warrant that you have the authority to bind that entity (as well as all users who'll have access to your account) to these Terms. If you don't have that authority or aren't sure if you have that authority, you may not enter into these Terms and you may not use the Platform or Services.
These Terms are a binding agreement between you and RentSpree whether or not you register with RentSpree. “You” or “your” refers to the person accessing or using the Platform and Services, or the entity on whose behalf you are acting.
RentSpree’s goal is to make access to the Platform and Services a good experience for all users. You agree not to, and represent and warrant that you won’t use the Platform or Services for any purposes other than those which the Platform and Services are being provided to you. You further represent and warrant that you won’t do any of the following in connection with the Platform and Services (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or, except as explicitly provided by RentSpree in writing, make the Platform or Services available to any third party, (b) modify or make derivative works based on the Platform or Services or otherwise violate RentSpree’s Intellectual Property Rights, (c) reverse engineer the Platform or Services or otherwise attempt to derive the source code of any software associated with the Platform or Services, (d) access the Platform or Services for any benchmarking or competitive purposes, (e) build a competitive product or service to the Platform or Services, (f) build a product using similar ideas, features, functions or graphics of the Platform or Services, (g) copy any ideas, features, functions or graphics of the Platform or Services, (h) send, store or upload infringing, obscene, threatening, libelous or otherwise unlawful or tortious material to the Platform or Services, (i) send, store or upload material containing viruses, worms, Trojan horses, spam or other harmful computer code, files, scripts, agents or programs to or from the Platform or Services, (j) interfere with or disrupt the integrity or performance of the Platform or Services, including engaging in DDOS attacks, (k) attempt to gain unauthorized access to the Platform or Services or their systems or networks (including, but not limited to, hacking, cracking, phishing or SQL injecting), (l) use the Platform or Services in violation of applicable law, (m) use the Platform or Services in a manner, as determined in RentSpree’s sole discretion, that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with RentSpree’s documentation or policies, (n) use any high volume automatic, electronic or manual process to access, search or harvest information from the Platform or Services (including without limitation robots, spiders or scripts), (o) misappropriate or otherwise infringe any third party Intellectual Property Rights, or (p) do anything else which, in RentSpree’s determination, could bring RentSpree into disrepute or is inconsistent with the purposes of the Platform or Services.
“Intellectual Property Rights” means inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and trade secret rights, and all other intellectual property rights, in each case whether registered or unregistered, including derivatives and all renewals as well as other forms of protection of a similar nature anywhere in the world.
Laws, regulations and policies regarding the use of background screening reports (including credit, criminal, employment and eviction reports) differ by state, city and other jurisdictions. You agree and acknowledge that you are responsible for using the Platform and Services in accordance with applicable law, regulation and policy.
RentSpree reserves the right to edit, screen or refuse to post anything on the Platform or Services for any reason not prohibited by law but is not obligated to do so.
RentSpree may terminate your access to all or any part of the Platform and/or Services at any time, with or without cause and with or without prior notice. If you wish to terminate your RentSpree account, please notify RentSpree at [email protected]. If you terminate your RentSpree account or RentSpree terminates your access it’s your sole responsibility to extract, port, download or otherwise preserve any content associated with your account. Upon termination you forfeit and relinquish access to all content in your account and to the Services.
You represent and warrant that you will comply with the Controlling the Assault of Non-Solicited Pornography and Marketing (“CAN-SPAM”) Act, the Telephone Consumer Protection Act, the California Consumer Privacy Act, the California Privacy Rights Act, the Connecticut Act Concerning Personal Data Privacy and Online Monitoring, the Utah Consumer Privacy Act, the Colorado Privacy Act and the Virginia Consumer Data Protection Act, and any and all other state and federal laws governing marketing via any channel, including but not limited to e-mail, text messaging, SMS, MMS and direct mail (collectively, “Marketing Laws”).
Certain functionalities of the Platform and Services may require you to use a device that meets certain system and compatibility requirements which may change from time to time. For further information on supported devices and technical requirements, please visit our support center. You are solely responsible for supplying all equipment, Internet access and other services necessary for you to access and use the Platform and Services.
RentSpree reserves the right, at its discretion, to modify or replace any part of these Terms. RentSpree will use reasonable efforts to provide notice any time these Terms are materially modified or replaced. Your continued use of or access of the Platform or Services following the posting of any changes to these Terms constitutes acceptance of those changes. RentSpree may also offer new features of the Platform or Services which will be subject to these Terms.
3. Personal Information and Data
To the extent RentSpree provides or makes available to you personal information of individual persons, you agree to (a) use such personal information only as set forth in these Terms and solely for using the Platform and Services, and (b) comply with, and provide the level of privacy protection and data security required under all data protection, privacy, data security, security breach notification and related laws, rules, regulations and industry standards, in any jurisdiction, as applicable, including any amending or replacement legislation, including but not limited to Marketing Laws (“Data Protection Legislation''), with respect to the personal information. You agree not to sell or share such personal information, retain, use or disclose such personal information for any purpose other than as specified in these Terms or combine such personal information with personal information that you collect directly from the individual to whom the personal information pertains.
You grant us the right to take reasonable and appropriate steps to help ensure that you use personal information in a manner consistent with RentSpree’s obligations under Data Protection Legislation. You will notify RentSpree if you determine that you can no longer meet your obligations under Data Protection Legislation and grant us the right to take reasonable and appropriate steps to stop and remediate your unauthorized use of personal information. You will ensure that all persons, including employees and subcontractors, who process personal information are subject to binding obligations of confidentiality with respect to the personal information.
You will immediately inform us in writing of any “security breach,” “data breach,” or comparable terms as defined under Data Protection Legislation (“Security Breach”) relating to any personal information of which you become aware and in no case later than twenty-four (24) hours after you becomes aware of the Security Breach. You will promptly take all necessary and advisable corrective actions and will cooperate fully with us in all reasonable and lawful efforts to prevent, mitigate or rectify a Security Breach.
You will make available to RentSpree all information and technical and other assistance necessary to comply with this Section.
You will cooperate with us at your sole cost in responding to any request under Data Protection Legislation regarding an individual’s personal information, including (a) requests to access personal information, (b) requests to know, (c) requests to correct, (d) opt-outs of sale or targeted advertising, (e) requests to delete, and (f) requests related to portions of personal information, including by providing the requested information in a portable and, to the extent technically feasible, readily useable format that allows the individual to transmit the information to another entity without hindrance. At our request, you will promptly delete a particular natural person’s personal information from your records. In the event you’re unable to delete the personal information for reasons permitted under Data Protection Legislation, you will (a) promptly inform us of the reason(s) for your inability of the deletion request, (b) take steps designed to ensure the privacy, confidentiality and security of such personal information, and (c) delete the personal information promptly after the reason(s) for non-removal has expired.
You will cooperate with RentSpree in responding to any third-party request for, or complaint or inquiry with respect to, personal information. If such a request, complaint or inquiry is provided to or served on you, you will notify RentSpree in writing at [email protected] within twelve (12) hours of receiving such request and fully cooperate with us in responding to such request. Prior to providing any personal information to or otherwise responding to the requesting/complaining third party, you must obtain written consent from RentSpree. You will preserve personal information in accordance with our instructions and requests, including any retention schedules and/or litigation hold orders we provide to you, independent of where the personal information is stored.
RentSpree may monitor, collect, aggregate and use data pertaining to the use and performance of the Platform and Services and related systems and technologies (including, without limitation, information concerning Platform Content (as defined below) and data derived therefrom) (collectively, “Resultant Data”), and we will be free to (a) use such Resultant Data to improve and enhance the Platform and Services and for other development, diagnostic and corrective purposes in connection with the Platform and Services and our other offerings, and (b) disclose such Resultant Data in aggregated or other de-identified form.
4. Proprietary Rights; Confidentiality
RentSpree’s name and logo, and all related names, logos, product and service names, designs and slogans are registered or unregistered trademarks of RentSpree and may not be used in connection with any service or products other than those provided by RentSpree, or in any manner that disparages or discredits RentSpree.
The Platform or Services are the property of RentSpree. Except as expressly provided in these Terms, all the data, information, text, images (including video), designs, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information), screen formats, interactive design techniques, text and images and their arrangement, information, databases, report formats, formulae, software, systems, processes, know-how, programs, algorithms, methods, training guides, documentation and other information made available to you on the Platform or Services and any of the foregoing sent to you by email or other means (collectively, the "Platform Content") are owned by RentSpree or other providers and are protected by US and international Intellectual Property Rights laws. Except as otherwise set forth in these Terms you acknowledge and agree that you have no Intellectual Property Rights or other rights in the Platform or Services. The foregoing will not be read as a warranty of title.
You may have the opportunity to present us with recommendations or feedback for new features, functionality or other improvements to the Platform or Services or our other products and services (“Feedback”). The parties agree that all Feedback is and will be given voluntarily and will not be considered your confidential information. We will be free to use, disclose, reproduce, license or otherwise distribute, and exploit the Feedback as we see fit, entirely without obligation or restriction of any kind on account of Intellectual Property Rights or otherwise.
RentSpree authorizes you to use and access the Platform or Services and Platform Content subject to the following conditions:
- you may download, access and print the Platform Content only in reasonable limited quantities,
- you may not modify the Platform Content,
- you may not remove or alter any copyright, trademark or other proprietary rights notices that have been placed on the Platform Content,
- you agree to be bound by these Terms, and
- the rights granted to you herein constitute a limited, revocable license and not a transfer of title.
Except as expressly permitted above, modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Platform or Services or the Platform Content, is strictly prohibited without our prior written permission. If you violate any of the foregoing conditions, your right to use the Platform and Services will cease immediately and you must, at our option, return or destroy any copies of the Platform Content you’ve made. No right, title or interest in the Platform or Services or Platform Content is transferred to you, and all rights not expressly granted are reserved by RentSpree. Any use of the Platform or Services or Platform Content not expressly permitted by these Terms is a breach of these Terms and may violate Intellectual Property Rights and other laws. You agree, and represent and warrant, that your use of the Platform or Services, or any portion thereof, will be consistent with the foregoing restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Platform or Services and your use of them, and you will be solely responsible for your violations of any of them.
The Platform and Services and the databases, computer programs, APIs, screen formats, report formats, processes, systems, software, formulae, programs, records, files, documentation, technical, operational, administrative, economic, business and other information or material made available to you by RentSpree, including your User ID, excluding your account information, and all Intellectual Property Rights related thereto are the exclusive, valuable and confidential property of RentSpree (“Confidential Information”). You agree to strictly maintain the confidentiality of Confidential Information with at least as great a degree of care as you use for your own confidential information, and at a minimum, you will take necessary and reasonable precautions to prevent such information from being disclosed to any person, firm, or company not specifically permitted by these Terms or specifically authorized in writing by RentSpree. You agree not to sell, transfer, publish, disclose, display or otherwise make available to others, nor to use any Confidential Information except to carry out the purposes for which RentSpree disclosed the Confidential Information to you. The foregoing will not apply to Confidential Information that is in the public domain or required by law to be made public.
6. Representations & Warranties
7. Disclaimer, Liability
RENTSPREE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE PLATFORM OR SERVICES FOR ANY PURPOSE OR THAT YOU WILL BE ABLE TO ACCESS OR USE THE PLATFORM OR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOICE. YOU ACKNOWLEDGE AND AGREE THAT THE PLATFORM, SERVICES AND PLATFORM CONTENT ARE PROVIDED "AS IS'' AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND REPRESENTATIONS WITH RESPECT THERETO, OR OTHERWISE WITH RESPECT TO THESE TERMS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT ANY WARRANTIES CANNOT BE WAIVED UNDER APPLICABLE LAW, AND WE FURTHER DISCLAIM ANY WARRANTY THAT THE PLATFORM OR SERVICES WILL BE ERROR FREE, ACCURATE, ADEQUATE, DEFECT FREE, VIRUS FREE, COMPLETE, TIMELY, POSSESS ADEQUATE SECURITY OR BE PROVIDED WITHOUT INTERRUPTION. YOU AGREE THAT RENTSPREE IS NOT AND WILL NOT BE HELD BY YOU TO BE IN ANY WAY LIABLE FOR ANY LOSSES, COSTS, DAMAGES OR LIABILITIES OF ANY KIND RESULTING FROM YOUR USE OR ACCESS OF THE PLATFORM OR SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING AND ACCESSING THE PLATFORM AND SERVICES (AS WELL AS ANY THIRD PARTY PRODUCTS AND SERVICES PROVIDED IN CONNECTION WITH THE PLATFORM AND SERVICES OR OTHERWISE BY RENTSPREE) AT YOUR OWN RISK, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN CONNECTION WITH THESE TERMS, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, SECURITY BREACHES OR SYSTEM FAILURE. YOU ACKNOWLEDGE AND AGREE THAT CERTAIN RISKS ARE INHERENT IN THE TRANSMISSION OF CONTENT AND PROVISION OF SERVICES THROUGH THE INTERNET AND THAT THESE RISKS CANNOT AND ARE NOT ELIMINATED DESPITE THE MEASURES WE USE TO MAINTAIN THE SECURITY OF THE PLATFORM OR SERVICES. IN LIGHT OF THESE INHERENT RISKS, WE MAKE NO REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT THAT OUR SECURITY MEASURES WILL BE EFFECTIVE OR ADEQUATE. IN NO EVENT WILL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO THOSE ARISING FROM LOSS OF USE, DATA, WORKS, OR PROFITS ARISING OUT OF OR RELATING TO THE PLATFORM, SERVICES OR PLATFORM CONTENT OR INFORMATION ACCESSED THROUGH THE PLATFORM OR SERVICES, WHETHER OR NOT WE WERE ADVISED OF OR WERE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER OF LIABILITY IS EFFECTIVE WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER THEORY. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS ITS ESSENTIAL PURPOSE.
SUBJECT TO APPLICABLE LAWS, IN NO EVENT WILL RENTSPREE’S AGGREGATE LIABILITY FOR ANY AND ALL CAUSES OF ACTION BROUGHT BY YOU ARISING FROM OR RELATED TO THE PLATFORM AND SERVICES EXCEED ONE HUNDRED DOLLARS ($100).
Some jurisdictions don’t allow for the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that RentSpree may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law. Without limiting the foregoing, under no circumstances will we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, pandemics, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTION TITLED “DISCLAIMER, LIABILITY” IS INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF NEW JERSEY. IF ANY PORTION OF THESE TERMS IS HELD TO BE INVALID UNDER THE LAWS OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTION.
You agree to defend, indemnify and hold RentSpree harmless from and against any claims, actions, demands or damages, including, without limitation, reasonable attorneys’ fees, arising out of or resulting from (a) your breach of these Terms, (b) your misuse of the Platform, Services or Platform Content, (c) your negligence, errors or omissions, recklessness or intentional misconduct, (d) your violation of applicable law, and/or (e) your interaction with third parties through the Platform or Services. RentSpree will give you notice of any such claim, suit or proceeding. We reserve the right to assume exclusive defense and control of any matter that is subject to indemnification under this Section. In such event, you agree to cooperate with any reasonable request assisting RentSpree’s defense of such matter.
9. Miscellaneous Terms
Compliance with Laws. You are responsible for and agree to comply with all applicable laws, statutes, ordinances and other governmental authority with respect to the use of and access to the Platform and Service, including without limitation, US government laws, regulations, orders or other restrictions regarding export from the US and re-export from other jurisdictions of software, technical data and information or derivatives of such software or technical data and information. You represent that you are not named on any US government denied-party list and will not and will not permit others to access or use the Platform or Service in a US-embargoed country or in violation of any US export law or regulation. Federal, state and local fair housing laws make it illegal to discriminate (including in advertising) based on race, color, religion, sex, physical or mental disability, familial status, sexual orientation, ancestry, marital status or source of income. You agree that you will comply with all applicable laws. You may not use the Platform or Services, including the information you access via the Platform or Services, to violate any fair housing laws.
Severability. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.
Release. You hereby release RentSpree from claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death and property damage, that are either directly or indirectly related to or arise from your use of the Platform and Services.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
The foregoing releases do not apply to any claims, demands, losses, damages, rights or actions of any kind to the extent limited by applicable law.
Waiver. A waiver by RentSpree of any of these Terms or breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
Relationship. No joint venture, partnership, employment or agency relationship exists between you and RentSpree as a result of these Terms.
Assignment. These Terms and the rights and obligations hereunder may be assigned by RentSpree whether by operation of law or otherwise (including, without limitation, in connection with a merger, acquisition, corporate reorganization or sale). You may not assign these Terms.
Survival. All provisions of these Terms which by their nature should survive termination will survive termination, including without limitation ownership provisions, warranty disclaimers, indemnification, dispute resolution and limitations of liability.
Questions, Complaints, Claims. If you have any questions or complaints about the Platform or Services, please contact us at [email protected]. We’ll do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or at (800) 952-5210.
DMCA. RentSpree complies with the Digital Millennium Copyright Act (17 U.S.C. §512, as amended). If you have any complaints or objections to material posted on the Platform please contact our Designated Agent at the following address: RentSpree, Inc. c/o DMCA Agent. 15303 Ventura Blvd, Suite 1150, Sherman Oaks, CA 91403 or [email protected]. Any notice alleging that materials hosted by or distributed through the Platform infringe Intellectual Property Rights must include the following:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other Intellectual Property Rights being infringed,
- a description of the copyrighted work or other Intellectual Property Rights you claim has been infringed,
- a description of the material that you claim is infringing and where it is located on the Platform,
- your address, telephone number and email,
- a statement by you that you have a good faith belief that the use of the materials on the Platform of which you are complaining is not authorized by the copyright or Intellectual Property Rights owner, its agent, or the law, and
- a statement by you that the information in your notice is accurate and that, under penalty of perjury, you are the copyright or Intellectual Property Rights owner or authorized to act on the copyright or Intellectual Property Rights owner's behalf.
Counter Notice. If material that you’ve posted to the Platform has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512(g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following:
- your physical or electronic signature,
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled,
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, and
- your name, address, telephone number and email and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the US, for any judicial district in which RentSpree may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512(c)(1)(C) or an agent of such person.
International Users. The Platform and Services may be accessed from outside the US and may contain references to services that are not available in your country. These references do not imply that RentSpree intends to make such services available in your country. RentSpree makes no representations or warranties that Platform or Services are appropriate or available for use outside the US. If you access or use Platform or Services from outside the US you do so at your own volition and are responsible for compliance with all applicable law.
DISPUTE RESOLUTION. PLEASE READ THIS PROVISION CAREFULLY. IT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THESE TERMS AND YOUR USE OF THE RENTSPREE PLATFORM AND SERVICE TO BINDING ARBITRATION RATHER THAN PROCEED IN COURT, UNLESS YOU HAVE OPTED OUT AS SET FORTH BELOW. THIS PROVISION ALSO INCLUDES A WAIVER OF JURY TRIAL AND PROHIBITION OF CLASS ACTIONS. THE TERM “DISPUTE” REFERS TO ANY CLAIMS, CAUSES OF ACTION OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM OR SERVICES.
Our goal is to resolve Disputes fairly and quickly. Accordingly, before submitting a claim for arbitration in accordance with this Dispute Resolution provision, you and we agree to try, for thirty (30) days, to resolve any Dispute informally. Any party wishing to bring a claim agrees to provide a notice of the Dispute to the other party, which will include the sender’s name, address and contact information, the facts giving rise to the Dispute, and the relief requested. The notice will be an individualized claim specific to the individual bringing the claim. Any notice to us must be sent to [email protected]. Any notice sent to you will be sent to the most recent email we have for you in our records. To minimize the cost and inconvenience to all parties, and to promote prompt resolution of Disputes, you and we agree that engaging in this initial dispute resolution process is a material term of these Terms and a requirement that must be fulfilled before commencing any arbitration or other legal proceeding. You and we agree to act in good faith to resolve the Dispute before commencing arbitration or other legal proceeding in accordance with this paragraph.
IF YOU AND RENTSPREE CANNOT REACH AN AGREEMENT TO RESOLVE THE DISPUTE WITHIN THIRTY (30) DAYS AFTER SUCH NOTICE IS RECEIVED, THEN ANY DISPUTE WILL BE DETERMINED BY BINDING ARBITRATION IN LOS ANGELES, CALIFORNIA BEFORE A SINGLE ARBITRATOR. THE ARBITRATION WILL BE ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICE, INC. (JAMS) PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES, PROVIDED THAT THE JAMS STREAMLINED ARBITRATION RULES AND PROCEDURES WILL APPLY TO DISPUTES WHERE THE AMOUNT IN CONTROVERSY IS LESS THAN $50,000. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS SECTION WILL NOT PRECLUDE EITHER PARTY FROM SEEKING PROVISIONAL REMEDIES (INCLUDING BUT NOT LIMITED TO INJUNCTIVE RELIEF) IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. THE PARTIES WILL MAINTAIN THE CONFIDENTIAL NATURE OF THE ARBITRATION PROCEEDING AND THE AWARD, INCLUDING THE HEARING, EXCEPT AS MAY BE NECESSARY TO PREPARE FOR OR CONDUCT THE ARBITRATION HEARING ON THE MERITS OR AS MAY BE NECESSARY IN CONNECTION WITH A COURT APPLICATION FOR A PRELIMINARY REMEDY, A JUDICIAL CHALLENGE TO AN AWARD OR ITS ENFORCEMENT OR UNLESS OTHERWISE REQUIRED BY LAW OR JUDICIAL DECISION. PAYMENT OF ALL FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY JAMS’ RULES.
If either party contends that the amount of a claim in a Dispute is within the jurisdiction of the small claims court (or an equivalent court), it may instruct the arbitrator to administratively close the arbitration case and direct that the claim be filed, if at all, in small claims court. Upon such a request by a party, the arbitrator will administratively close the arbitration proceeding. Any dispute about whether a claim qualifies for small claims court will be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding will remain closed unless and until a decision by the small claims court that it lacks jurisdiction over the action. Only in the event that the small claims court determines that it lacks jurisdiction over the Dispute may the arbitrator reopen the arbitration case.
The parties will bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or RentSpree need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action will have the right to collect from the other party its reasonable costs, necessary disbursements and reasonable attorneys' fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees.
Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and RentSpree agree that if there are one hundred (100) or more individual Disputes of a substantially similar nature filed against RentSpree by or with the assistance of the same law firm, group of law firms or organizations, within a thirty (30) day period (or as soon as possible thereafter), JAMS will (a) administer the arbitration demands in batches of one hundred (100) Disputes per batch (plus, to the extent there are less than one hundred (100) Disputes left over after the batching described above, a final batch consisting of the remaining Disputes), (b) appoint one arbitrator for each batch, and (c) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator and one final award (“Batch Arbitration”).
All parties agree that Disputes are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party will advise JAMS, and JAMS will appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. RentSpree will pay the Administrative Arbitrator’s fees.
You and RentSree agree to cooperate in good faith with JAMS to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Disputes, as well as any steps to minimize the time and costs of arbitration, which may include (a) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes, and (b) the adoption of an expedited calendar of the arbitration proceedings.
This Batch Arbitration provision will in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
CLASS ACTION AND MASS ACTION WAIVER AND JURY TRIAL WAIVER. YOU AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE IN WRITING, AND EXCEPT AS PROVIDED IN THE BATCH ARBITRATION SECTION ABOVE, THIS DISPUTE RESOLUTION PROVISION WILL PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, MASS AND/OR REPRESENTATIVE ACTION AGAINST RENTSPREE, AND ALSO WILL PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF IN ANY CURRENT OR FUTURE CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, MASS AND/OR REPRESENTATIVE ACTION BROUGHT AGAINST RENTSPREE BY SOMEONE ELSE. EXCEPT AS SET FORTH IN THE BATCH ARBITRATION SECTION ABOVE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. EXCEPT AS SET FORTH IN THE BATCH ARBITRATION PARAGRAPH ABOVE, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) AVAILABLE IN AN INDIVIDUAL LAWSUIT ONLY.
IF A DISPUTE IS ARBITRATED, THE PARTIES WAIVE THEIR RIGHT TO RESOLVE THE DISPUTE IN COURT BEFORE A JUDGE OR A JURY. IF FOR ANY REASON A DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS, ANY OTHER AGREEMENT YOU HAVE WITH RENTSPREE OR THE RELATIONSHIP BETWEEN YOU AND US PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND RENTSPREE EACH WAIVE ANY RIGHT TO A JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
30-DAY OPT-OUT RIGHT. NOTWITHSTANDING THE FOREGOING, IF YOU ARE AN INDIVIDUAL CONSUMER USING THE PLATFORM OR SERVICES, YOU MAY OPT OUT OF ARBITRATION AND PURSUE YOUR DISPUTE IN COURT. TO OPT OUT OF ARBITRATION YOU MUST WITHIN THIRTY (30) DAYS OF YOUR FIRST USE OF THE PLATFORM OR SERVICES (THE “OPT-OUT DEADLINE”) EMAIL US AT [email protected] WITH THE SUBJECT LINE “ARBITRATION OPT-OUT”. ANY ARBITRATION OPT-OUT NOTICE RECEIVED AFTER THE OPT-OUT DEADLINE WILL BE INVALID AND YOU MUST PURSUE YOUR DISPUTE IN ARBITRATION OR SMALL CLAIMS COURT. IF YOU DO NOT OPT OUT WITHIN THIRTY (30) DAYS FROM THE DATE YOU FIRST USE THE PLATFORM OR SERVICE, THE ARBITRATION PROVISION IN THIS DISPUTE RESOLUTION PROVISION WILL BE PART OF ALL OTHER AGREEMENTS YOU HAVE WITH RENTSPREE NOW OR IN THE FUTURE.
SURVIVAL, CONFLICT, SEVERANCE. This Dispute Resolution section will survive the termination of any agreement you have with RentSpree and any bankruptcy. In the event of any conflict or inconsistency between this Dispute Resolution section on the one hand, and an administrator’s rules or other agreement you have with RentSpree, on the other hand, this Dispute Resolution section will govern. If any part of this Dispute Resolution section is found to be invalid or unenforceable, then that specific part will be severed, and the rest of this Dispute Resolution section will continue in full force and effect, except that at either your or our election the entire Dispute Resolution section (other than this sentence) may be null and void with respect to any claim asserted on a class, representative or multiple-party basis that does not seek public injunctive relief if the Class and Mass Action Waiver is held to be invalid with respect to such claim and that determination becomes final after all appeals have been exhausted. If a court decides by means of a final decision, not subject to any further appeal or recourse, that the Class and Mass Action Waiver is invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), that particular claim or request for relief (and only that particular claim or request for relief) will be severed from the arbitration and may be litigated in state or federal court. All other disputes will be arbitrated or litigated in small claims court.
Notice. RentSpree may give notice regarding operational aspects of the Platform or Services by means of a general notice on the Platform. Any other notice by you or RentSpree to the other hereunder will be by written communication sent by first class mail or reputable overnight delivery service and such notice will be deemed to have been given upon receipt (if sent by overnight delivery service), five (5) business days after mailing (if sent by first class mail). Notice to RentSpree will be addressed to RentSpree, Inc., 15303 Ventura Blvd., Suite 1150, Sherman Oaks, CA 91403, attention: Legal Department.
Judicial Forum for Legal Disputes. Unless you and RentSpree agree otherwise in writing, if you are not required to arbitrate a Dispute, you agree that any one or more Disputes that arise or may arise between you and RentSpree must be resolved exclusively by a state or federal court located in Los Angeles, California. You and RentSpree agree to submit to the personal jurisdiction of the courts located in Los Angeles, California, for the purpose of litigating all such Disputes. In such a case you agree you may assert one or more Disputes against RentSpree only on an individual basis and not as a class member, class representative, private attorney general or any other consolidated basis.
Governing Law. The laws of the State of California, without regard to principles of conflict of laws, govern these Terms and any Dispute..
10. The Platform
The Data You Choose to Input. We are not liable for the data you upload or transmit to us. You are solely responsible for all data that you upload or transmit via the Platform and Services and represent and warrant that you have the permission and authorization to submit that data. We reserve the right to immediately terminate your access to the Platform and Services if you do not have permission to send us the data you submit. We do not have a responsibility to make back-up copies of your data or information.
Background Reports. You may have the opportunity to order background reports on yourself from a third-party consumer reporting agency via the Platform and Services. In addition, landlords, real estate brokers and property managers, or their respective representatives, using the Platform and Services may request your permission to obtain background reports about you directly from a third-party consumer reporting agency. At no time will RentSpree perform or produce a background report on you. RentSpree is purely a software conduit. Any background checks will be compiled and completed exclusively by third-party consumer reporting agencies and returned to the party making the order and you acknowledge and agree that RentSpree is not a consumer reporting agency, a reseller or any similar entity. If you have any questions about any background screening report performed on you, please contact the landlord, real estate broker or property manager, or any of their representatives involved in your transaction, or the consumer reporting agency identified as the source of the background report. If you believe that there is an inaccuracy in any background report about you, please contact the consumer reporting agency. RentSpree has no control over or ability to modify any data in a background report.
RentSpree Charges, Third-Party Charges. RentSpree may assess certain fees for Services and you may be required to approve payment prior to receiving or accessing certain Services. You agree that, with your authorization, we may charge your payment method for applicable fees and you understand that, once charged, such fees are non-refundable regardless of whether you’re successful in obtaining a rental or whether a landlord, real estate broker or property manager, or their respective representatives reviews any applications or reports related to you. If RentSpree does not receive payment via the payment method associated with your RentSpree account, you agree to pay all amounts due upon demand directly to RentSpree, and RentSpree further reserves the right to either suspend or terminate your access to the Platform and Services in such circumstances.
You may also be asked to pay additional fees by a landlord, real estate broker or property manager, or any of their representatives. You understand that we do not control and are not responsible for any additional fees you may be asked or required to pay these third parties.
You acknowledge and agree that RentSpree is not a listing agent, real estate professional, credit reporting agency, law firm or brokerage agent and does not counsel parties to real estate rental transactions, assess the qualifications of potential tenants, physically show properties or negotiate rental leases. No brokerage relationship or any agency or fiduciary relationship is intended to be or will be deemed to have been created between RentSpree and any user of the Platform or Services. You are advised to seek the help of a licensed real estate professional and/or a real estate attorney to help in the negotiation and completion of any real estate transaction.
2. SPECIFIC ADDITIONAL TERMS FOR LANDLORDS, REAL ESTATE PROFESSIONALS AND PROPERTY MANAGERS
Your Account. You are responsible for your RentSpree account and agree that you’ll only allow your designated representatives to access your account or use the Platform and Services. If you become aware of any unauthorized use of your account or the Platform or Services you must promptly report it to us .
Fair Housing Law Compliance. Submissions to and use of the Platform and Services may be subject to federal, state and local fair housing laws, which generally make it illegal (including in advertising) to indicate any preference or limitation or to discriminate based on race, color, religion, sex, physical or mental disability, familial status (e.g., “No Children” or “Not Suitable for Children”), sexual orientation, national origin, ancestry, marital status or income source (e.g., “No Section 8"). You agree that you will comply with all housing laws.
You acknowledge and agree that you are solely responsible for your actions, processes and interactions with tenants, potential tenants, customers, clients and all other third parties. RentSpree does not provide legal advice, and nothing in the Services or Platform should be taken as legal advice. Your use of the Platform and Services is an acknowledgement that you understand the risks associated with use of the Services and Platform and you represent to RentSpree that you’ve had an opportunity to receive independent legal guidance.
You understand and agree that legal compliance is your responsibility, and that RentSpree is not responsible for any failure of a landlord, real estate broker or property manager, or any of their respective representatives to comply with applicable law.
Flyers and Marketing Materials. Although you may use RentSpree to generate marketing flyers that contain an application ApplyLink™ and other property information for your convenience, you accept full responsibility for ensuring that the flyers meet all applicable laws and regulations, including all applicable privacy, data security, Data Protection Legislation, fair housing laws and Marketing Laws.
Applications, Background Screening Documents, and Other Forms. RentSpree may make certain documents available to you via the Platform including rental applications, background screening consent forms, adverse action letters and other templates and forms (together, “Forms”). You understand that these Forms are samples and offered solely as a courtesy and should not be construed as legal advice. Laws governing these Forms frequently change and differ by jurisdiction. Accordingly, you agree to consult with legal counsel to make sure that you’re using Forms in a manner that complies with all federal, state, local and other applicable laws. Use of the Forms is entirely optional. Therefore, if you choose to use the Forms in part or whole, or if you choose to use one or more processes built into the Forms, you agree that such Forms/processes should be considered your own (not that of RentSpree), and that you have consulted with your own legal counsel regarding the use of Forms/processes. You agree to indemnify, defend and hold harmless RentSpree, its affiliates and subsidiaries and their respective officers, directors, employees, agents and insurers from and against any and all damages, penalties, losses, liabilities, judgments, settlements, awards, costs and expenses (including reasonable attorneys’ fees) arising out of or in connection with any claims, assertions, demands, causes of action, suits, proceedings or other actions, whether at law or in equity, related to or arising out of your use of Forms/processes made available by RentSpree. In sum, Forms you generate are generated at your own risk and you assume full and exclusive responsibility for them. RentSpree disclaims any responsibility or liability for the content or format of the Forms/related processes.
SOME JURISDICTIONS PROHIBIT THE USE OR COLLECTION OF CERTAIN INFORMATION IN BACKGROUND SCREENING REPORTS IN CONNECTION WITH SCREENING A PROSPECTIVE OR CURRENT TENANT.
FOR CLARITY, YOU, AS A LANDLORD, REAL ESTATE BROKER, PROPERTY MANAGER OR OTHER REAL ESTATE PROFESSIONAL ARE RESPONSIBLE FOR KNOWING WHAT INFORMATION YOUR JURISDICTION ALLOWS YOU TO REQUEST IN A BACKGROUND SCREENING REPORT. YOU MAY NOT REQUEST INFORMATION THAT YOUR JURISDICTION PROHIBITS YOU FROM COLLECTING AND YOU WILL INDEMNIFY, DEFEND AND HOLD RENTSPREE AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND INSURERS HARMLESS FROM AND AGAINST ANY AND ALL DAMAGES, PENALTIES, LOSSES, LIABILITIES, JUDGMENTS, SETTLEMENTS, AWARDS, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF OR IN CONNECTION WITH ANY CLAIMS, ASSERTIONS, DEMANDS, CAUSES OF ACTION, SUITS, PROCEEDINGS OR OTHER ACTIONS, WHETHER AT LAW OR IN EQUITY, RELATED TO OR ARISING OUT OF ANY BACKGROUND SCREENING REPORTS ORDERED BY YOU INCLUDING FROM A REQUEST FOR INFORMATION IN A REPORT YOU ARE NOT PERMITTED TO COLLECT.
If you have any questions related to the content of a background screening report (including any information you believe is incorrect), you must contact TransUnion Rental Screening Solutions, Inc. (or other relevant third party in the event RentSpree changes providers) directly at TransUnion Rental Screening Solutions, Inc., 6430 S. Fiddler’s Green Circle, Suite 500, Greenwood Village, Colorado 80111 or 800-568-5665. You understand that background screening reports cannot and will not be stored on the Platform. You agree to indemnify, defend and hold harmless RentSpree and its affiliates and their respective officers, directors, employees, agents and insurers from and against any and all damages, penalties, losses, liabilities, judgments, settlements, awards, costs and expenses (including reasonable attorneys’ fees and expenses) arising out of or in connection with any claims, assertions, demands, causes of action, suits, proceedings or other actions, whether at law or equity, related to or arising out of any background screening reports ordered by you.
Request for Prospective Renters to Upload Documents. At your discretion and subject to related fees, you may invite prospective tenants to upload documents you require during the application process (e.g., proof of income, government-issued ID, pet photos). You understand and agree that you will only seek documents and information at a legally permissible time and in a legally permissible manner, and that all such requests will conform to applicable law. You understand and agree that you are exclusively responsible for knowing what information you may ask for and when, and you represent and warrant that you have consulted with legal counsel as necessary on these issues.
Rent Estimate Reports. At your discretion and subject to related fees, you may use the Platform to order rent estimate reports from a third-party company in the business of providing such reports. You understand and agree that such reports are prepared by a third-party, not RentSpree, and that RentSpree is in no way responsible for their content. You understand and agree that the manner in which such reports should be used depends on a variety of factors and that you take full responsibility for determining whether and how such reports can be used.
Tools for Reference Checks. At your discretion and subject to related fees, you may use RentSpree’s Platform to perform reference checks on prospective tenants. If you decide to do so, you assume full responsibility for the content and timing of the reference checks you conduct. You further understand that the tools RentSpree makes available are self-help tools and, other than providing these tools, RentSpree plays no role in seeking, collecting or evaluating information from any reference sources. You remain fully and exclusively responsible for conducting reference checks in a manner that is consistent with all applicable laws.