Terms of Use

This Agreement consists of the following sections: (1) General Terms Applicable to All Users; (2) Specific Additional Terms for Rental Applicants/Prospective Tenants (which contain a mandatory arbitration clause and class action waiver in Section 2.A.); and (3) Specific Additional Terms For Land-lords, Real Estate Professionals And Property Managers (which contain a mandatory arbitration clause and class action waiver in Section 3.A.); and any applicable Supplemental Terms (as defined herein).

Last Updated: January 5, 2022


As you know, RentSpree provides applicants, landlords, property management companies and others a website-based platform for communicating with each other and handling certain aspects of a residential rental property transaction (“Website” and/or “Platform”).

The following terms and conditions govern all use of the RentSpree Website and/or Platform and all content, services and products available at or through the Website and Platform, whether accessed via a desktop computer or mobile device or mobile application (collectively, the “Services”). The Services are owned and operated by RentSpree, Inc.

RentSpree’s Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, RentSpree's Privacy Policy) and procedures applicable to you that may be published from time to time on this Site by RentSpree (collectively, the “Agreement”).

This Agreement constitutes a binding agreement between you and RentSpree whether or not you register as a member or browse the services as a “Visitor”. “You” or “your” refers to the person accessing or using the Services, or the entity on whose behalf they are acting.

You must be 18 years old to use the Services.

PLEASE READ THIS AGREEMENT carefully. By accessing the website or platform, downloading an application, or using the services and materials, you agree to be bound by THIS AGREEMENT. If you do not wish to be bound BY THIS AGREEMENT, you may not access or use the website or platform, the services, or the materials, or download the application. If you do not agree to all of these terms, you must cease using the website, platform, and services and delete the application from your mobile device(s). If you are entering into this Agreement on behalf of a company, organization, or other legal entity, you warrant that you have the authority to bind that entity, as well as all users who will have access to your account, to the terms of this Agreement. If you don't have that authority or aren't sure if you have that authority, you may not enter into this Agreement and you may not use any of the website, platform, or SERVICES OR MATERIALS governed by this Agreement.

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in these Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. Supplemental Terms are generally designed to be read in concert with the Terms of Use. If there is an unavoidable conflict between the Supplemental Terms and the Terms of Use, the Supplemental Terms shall control.

Table of contents

SECTION 1: GENERAL TERMS APPLICABLE TO ALL USERS1.A     User’s Commitment to Using the Services in Appropriate and Legally Acceptable Manner1.B     Equipment and Technology Required To Use Services1.C     User Content1.D     Changes1.E     Right to Refuse Service1.F     Third Party Links1.G     Termination1.H     Proprietary Rights; Restrictions on Use1.I     Mobile Application   1.I.1     License   1.I.2 App Stores   1.I.3 App Store Sourced Application1.J     Suggestions Submitted to RentSpree1.K     Disclaimer of Warranties1.L     Limitation of Liability1.M     General Representation and Warranty1.N     Indemnification1.O     Miscellaneous1.P     Waiver1.Q     Assignment1.R     DMCA Notice1.S     Counter NoticesSECTION 2: SPECIFIC ADDITIONAL TERMS FOR RENTAL APPLICANTS/PROSPECTIVE TENANTS2.A     Dispute Resolution   2.A.1     Consent to Arbitrate2.A.1.(a)     Prohibition of Class and Representative Actions, and Non-Individualized Relief2.A.1.(b)     Arbitration Procedures2.A.1.(c)     Costs of Arbitration2.A.1.(d)     Court-Modification of Foregoing Provisions2.A.2     Judicial Forum for Legal Disputes2.B     Governing Law2.C     RentSpree’s Role2.D     The Data You Choose to Input2.E     Background Checks2.F     Charges at Request of Third-Party Clients or RentSpreeSECTION 3: SPECIFIC ADDITIONAL TERMS FOR LANDLORDS, REAL ESTATE PROFESSIONALS AND PROPERTY MANAGERS3.A     Dispute Resolution   3.A.1     Consent to Arbitrate3.A.1.(a) Prohibition of Class and Representative Actions, and Non-Individualized Relief3.A.1.(b)     Arbitration Procedures3.A.1.(c)     Costs of Arbitration/Attorneys’ Fees3.A.1.(d)     Court-Modification of Foregoing Provisions3.A.2     Judicial Forum for Legal Disputes3.B     Governing Law3.C     Your Account3.D     Fair Housing Law Compliance3.E     Compliance With Other Laws3.F     Flyers and Marketing Materials3.G     Applications, Background Screening Documents, and Other Forms3.H     Background Checks3.I     Request for Prospective Renters to Upload Documents3.J     Rent Estimate Reports3.K     Software Tools For Reference Checks

SECTION 1: GENERAL TERMS APPLICABLE TO ALL USERS

[#1A]1.A User’s Commitment to Using the Services in Appropriate and Legally Acceptable Manner[#1A]

It is RentSpree’s goal to make access to the Services a good experience for all of RentSpree’s users. You agree not to, and represent and warrant that you will not use, reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, your use of the Services, or access to the Services for any purposes other than for which the Services are being provided to you. You further agree, represent, and warrant that you will not do any of the following in connection with the Services:

  • Violate the laws of the United States, its states, or any subdivisions thereof, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
  • Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of RentSpree or its delegates.
  • Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
  • Use the Service to publish violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive images
  • Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Services, or its users’ computers.
  • Attempt to reverse engineer or jeopardize the correct functioning of the Services, or otherwise attempt to derive the source code of any software associated with the Services (including the tools, methods, processes, and infrastructure) that enables or underlies the Site, the Application or the Services.
  • Attempt to gain access to the secured portions of the Services to which you do not possess access rights.
  • Use the Services to generate unsolicited email advertisements or spam.
  • Use any high volume automatic, electronic or manual process to access, search or harvest information from the Services (including without limitation robots, spiders, or scripts).
  • Use the Services to stalk, harass or harm another individual.
  • Interfere in any way with the proper functioning of the Services or interfere with or disrupt any servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.
  • Do anything else which, at the sole discretion of RentSpree, could bring RentSpree into disrepute, or which violates the rights of any person.

[#1B]1.B Equipment and Technology Required To Use Services[#1B]

You must provide all equipment and software necessary to connect to the Services, including, but not limited to, a mobile device that is suitable to connect with and use the Services, in cases where the Services offer a mobile component. You are solely responsible for any fees, including internet connection or mobile fees that you incur while accessing the Services.

[#1C]1.C User Content[#1C]

“User Content” is user-supplied information (including personal information as defined under applicable privacy and data security laws), comments, materials, files, communications, and documents. You are entirely responsible for each individual item of User Content that you post, publish, submit or make available through the Services. As between you and RentSpree, you retain ownership and any intellectual property rights in the User Content you post. You should not provide any sensitive personal information unless RentSpree requests such data or it is necessary for you to use the Services.
You agree not to revise User Content posted by others, and you represent and warrant that you will not post or use any User Content in any manner that:

  • Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
  • Violates the privacy, publicity, or other rights of third parties or any other law, statute, ordinance or regulation;
  • Is false or inaccurate or becomes false or inaccurate at any time;
  • Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by RentSpree in RentSpree’s sole discretion;
  • Discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;
  • Misrepresents your identity in any way;
  • Contains any viruses, Trojan horses, spyware, malware, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  • Advocates or encourages any illegal activity; or
  • Has the potential to create liability for RentSpree or cause RentSpree to violate the requirements of or to lose the services, in whole or in part, of RentSpree’s Internet service providers or other suppliers.
  • You do not have authority to post or use.

Though RentSpree strives to enforce these rules with all of its users, you may be exposed through RentSpree’s Services to User Content that violates these policies or is otherwise offensive. You access the Services at your own risk. RentSpree may, but is not obligated to, remove User Content from the Services for any reason, including if RentSpree determines or suspects that such User Content violates this Agreement. RentSpree is merely acting as a passive conduit for such distribution and RentSpree takes no responsibility for your exposure to User Content through the Services whether it violates RentSpree’s content policies or not.

Notwithstanding elsewhere in this Agreement, you grant us a royalty-free, worldwide, perpetual, irrevocable and fully transferable right and license to use your User Content, including your personal information, in connection with providing the Services and the creation and development of analytical and statistical analysis tools relating to the use of the customer data we collect in providing the Service (the “Analytical Data”). We are expressly authorized to make any commercial use of the Analytical Data, including without limitation, sharing the Analytical Data with third parties, provided that we do not sell, trade, or otherwise transfer from us any part of the Analytical Data that personally identifies any Service users without their consent or in a any manner inconsistent with the data practices described in our Privacy Policy. For example, we use and share information with landlords, real estate professionals and property managers in order to notify them of upcoming move-in/move-out dates and tenant birthdays. For more information on how we collect, use, and share information about you, please review our Privacy Policy.

Under California Civil Code Section 1789.3, California users of the Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.

[#1D]1.D Changes[#1D]

RentSpree reserves the right, at its sole discretion, to modify or replace any part of this Agreement. RentSpree will notify you, using the email address you provide us during the sign-up process, any time this Agreement is modified or replaced. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. RentSpree may also, in the future, offer new services and/or features through the Services (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

[#1E]1.E Right to Refuse Service[#1E]

RentSpree reserves the right to edit, screen or refuse to post listings or render the Services for any reason not prohibited by law but is not obligated to do so.

[#1F]1.F Third Party Links[#1F]

RentSpree may use links to third-party websites or applications, and the Services may include third-party content that we do not control, maintain or endorse. You expressly acknowledge and agree that we are in no way responsible or liable for any such third-party websites or applications, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites or applications. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. RENTSPREE ENCOURAGES YOU TO REVIEW ALL POLICIES, RULES, TERMS AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF EACH AND ANY THIRD PARTY SITE OR APPLICATION THAT YOU VISIT OR USE. RENTSPREE DISCLAIMS ANY HARM THAT MAY RESULT FROM YOUR CHOICE TO USE ANY THIRD PARTY SERVICES, INCLUDING, BUT NOT LIMITED TO, THIRD PARTY SERVICES HOSTED ON THE SITE WHICH MAY ASK TO ACCESS, AND MAY RETAIN, YOUR PERSONAL INFORMATION. YOU AGREE THAT YOUR USE OF THIRD PARTY SERVICES IS AT YOUR OWN RISK.

[#1G]1.G Termination[#1G]

RentSpree may terminate your access to all or any part of the Services at any time, with or without cause, with or without prior notice and at any time. If you wish to terminate this Agreement or your RentSpree account (if you have one), you may notify RentSpree in writing to that effect. In the event that RentSpree chooses to terminate this Agreement, it is your sole responsibility to extract, port, download or otherwise preserve any content associated with your account. Upon effective termination of the Agreement you forfeit and relinquish access to all content in your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification, dispute resolution, and limitations of liability.

[#1H]1.H Proprietary Rights; Restrictions on Use[#1H]

All software used in connection with the Services is proprietary to us or to third parties, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or reduction of such software to human-readable form is prohibited.

The RentSpree name, the RentSpree logo, and all related names, logos, product and service names, designs and slogans are registered or unregistered trademarks of RentSpree or its affiliates or licensors, 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. Any use of such marks, or any others displayed on the Website, will inure solely to the benefit of their respective owners.

The Services are the property of RentSpree. Except as expressly provided in this Agreement, all the data, information, text, images (including video), designs, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on or made available through the Website, and any of the foregoing sent to you by e-mail or other means (collectively, the "Website Content") are owned by RentSpree, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The foregoing shall not be read as a warranty of title.

RentSpree authorizes you to use the Services and access, view, use, download and print the Website Content subject to the following conditions:

  • you may use the Services, and download, access and print the Site Content, only in reasonable limited quantities for your personal, non-commercial use;
  • you may not modify the Website Content;
  • you may not remove or alter any copyright, trademark or other proprietary rights notices that have been placed in the Website Content.
  • you agree to be bound by the terms and conditions of this Agreement.
  • 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 Services, the Website Content, or any portion of the Website Content, is strictly prohibited without the prior written permission of RentSpree. If you violate any of the foregoing conditions, your right to use the Services and the Website Content will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or the Website Content is transferred to you, and all rights not expressly granted are reserved by RentSpree. Any use of the Services or the Website Content not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws. You agree, and represent and warrant, that your use of the Services, the Website and the Website Content, or any portion thereof, will be consistent with the foregoing license, covenants and 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 Services, the Website, the Website Content or your use of them, and you will be solely responsible for your own individual violations of any of them.

[#1I]1.I Mobile Application[#1I]

If you utilize a mobile application (“Application”) for use of the Services, the following terms also apply:

[#1I1]1.I.1 License[#1I1]

Subject to your compliance with this Agreement, RentSpree grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the application on a mobile device that you own or control and to run such copy of the Application solely to access the Services for your own internal purposes. Furthermore, with respect to any Application accessed through or downloaded from the App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application as permitted by the “Usage Rules” set forth in the App Store Terms of Service.

[#1I2]1.I.2 App Stores[#1I2]

You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the application license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge that this Agreement is between you and RentSpree and not with the App Store. RentSpree, not the App Store, is solely responsible for the Services, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g. product liability, legal compliance, or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Application or Services. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third party terms of agreement (e.g., the App Store’s terms and policies) when using the Application and the Services.

[#1I3]1.I.3 App Store Sourced Application[#1I3]

The following applies to any App Store Sourced Application:
You acknowledge and agree that (i) this Agreement is between you and RentSpree only, and not the App Store, and (ii) RentSpree, not the App Store, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store terms of service.

  • You acknowledge that the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
  • You and RentSpree acknowledge that, as between RentSpree and the App Store, the App Store is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • You and RentSpree acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between RentSpree and the App Store, RentSpree, not the App Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
  • You and RentSpree acknowledge and agree that the App Store, and any App Store subsidiaries, are third party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of this Agreement, the App Store will have the right to enforce the Agreement as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
  • Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

[#1J]1.J Suggestions Submitted to RentSpree[#1J]

In the event that you submit ideas or suggestions for the Website, Site Content or Services ("Services Comments"), the Services Comments will be deemed, and will remain, the sole property of RentSpree. None of the Services Comments will be subject to any obligation of confidence on the part of RentSpree, and RentSpree will not be liable for any use or disclosure of any Services Comments. Without limiting the foregoing, RentSpree will be entitled to unrestricted use and other exploitation of the Services Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Services Comments.

[#1K]1.K Disclaimer of Warranties[#1K]

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND RENTSPREE OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY’S MATERIALS OR SERVICES, RENTSPREE’S SERVICES, AND ALL MATERIALS ACCESSIBLE THROUGH RENTSPREE’S SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, RENTSPREE MAKES NO WARRANTY THAT (I) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS OBTAINED OR ACCESSIBLE BY YOU THROUGH THE WEBSITE OR THE APPLICATION WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SERVICES OR MATERIALS OBTAINED THROUGH THE WEBSITE OR THE APPLICATION, OR ANY DEFECTS IN THE WEBSITE OR THE APPLICATION, ITS SERVICES OR MATERIALS, WILL BE CORRECTED. THE WEBSITE OR THIS APPLICATION COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. RENTSPREE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THE WEBSITE OR THE APPLICATION AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THE WEBSITE OR THE APPLICATION MAY BE OUT OF DATE, AND RENTSPREE MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

YOU UNDERSTAND AND ACKNOWLEDGE THAT (I) RENTSPREE DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH RENTSPREE’S SERVICES, INCLUDING, WITHOUT LIMITATION, THIRD PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE WEBSITE OR THE APPLICATION; (II) RENTSPREE MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (III) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (IV) RENTSPREE SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH RENTSPREE’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. RENTSPREE ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM RENTSPREE’S SERVICES OR IN CONNECTION WITH ANY MATERIALS OFFERED THROUGH RENTSPREE’S SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RENTSPREE OR THROUGH OR FROM THE WEBSITE OR THE APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Notwithstanding the foregoing, you represent and warrant that: (a) you have all right, power and authority to enter into and perform this Agreement; (b) the execution of this Agreement and performance of this Agreement will not violate any other agreement to which you are a party; (c) this Agreement constitutes a legal, valid and binding obligation; and (d) you shall perform this Agreement in accordance with all applicable laws.

[#1L]1.L Limitation of Liability[#1L]

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL RENTSPREE ITS SUBSIDIARIES, AFFILIATES, AGENTS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT RENTSPREE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH YOUR INABILITY TO USE THE SERVICES, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF DATA YOU TRANSMIT ON OR THROUGH THE WEBSITE AND PLATFORM, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES THAT ARE DELAYED OR INTERRUPTED, OR ANY SITE REFERENCED OR LINKED TO OR FROM THE WEBSITE AND PLATFORM.

IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, ANY MEMBER, MANAGER, OFFICER, DIRECTOR, SHAREHOLDER OR AGENT OF RENTSPREE SHALL NOT BE PERSONALLY LIABLE TO PAY ANY OBLIGATIONS SET FORTH HEREIN OR TO PERFORM ANY DUTIES, EITHER EXPRESSED OR IMPLIED, HEREIN CONTAINED, AND THAT, EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL PERSONAL LIABILITY OF ANY MEMBER, OFFICER, DIRECTOR, SHAREHOLDER OR AGENT OF RENTSPREE OF EVERY SORT, IF ANY, IS HEREBY EXPRESSLY WAIVED.

Some jurisdictions do not allow 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 RentSpree’s liability will be the minimum permitted under such applicable law. Without limiting the foregoing, under no circumstances will RentSpree be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond RentSpree’s 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.

[#1M]1.M General Representation and Warranty[#1M]

You represent and warrant that (i) your use of the Services will be in strict accordance with the RentSpree Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Services will not infringe or misappropriate the intellectual property rights of any third party.

[#1N]1.N Indemnification[#1N]

You agree to defend, indemnify, and hold RentSpree harmless from and against any claims, actions, demands, or damages, including, without limitation, reasonable attorneys’ and accounting fees, arising out of or resulting from (1) your breach of this Agreement, (2) your misuse of RentSpree’s Services or misuse of the content thereof, (3) your negligence, errors or omissions, recklessness, or intentional misconduct, (4) your violation of applicable law, and/or (5) your interaction with third parties through RentSpree’s Services. RentSpree shall give you notice of any such claim, suit or proceeding. RentSpree reserves 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.

[#1O]1.O Miscellaneous[#1O]

This Agreement constitutes the entire agreement between RentSpree and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of RentSpree, or by the posting by RentSpree of a revised version. In the event a court of competent jurisdiction renders any section, clause, sentence, or word of this Agreement invalid or unenforceable, the remainder shall remain valid, enforceable and in good effect.

[#1P]1.P Waiver[#1P]

A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

[#1Q]1.Q Assignment[#1Q]

RentSpree may assign its rights under this Agreement without condition. You may not assign obligations owed under this Agreement without written consent from RentSpree.

[#1R]1.R DMCA Notice[#1R]

RentSpree complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material posted on the Website you may contact our Designated Agent at the following address:

RentSpree, Inc. c/o DMCA Agent 15303 Ventura Blvd, STE 1150, Sherman Oaks, CA 91403, Email: [email protected]
Any notice alleging that materials hosted by or distributed through the Website infringe intellectual property rights must include the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
  • a description of the copyrighted work or other -intellectual property that you claim has been infringed;
  • a description of the material that you claim is infringing and where it is located on the Services; your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the use of the materials on the Services of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

[#1S]1.S Counter Notices[#1S]

If material that you have posted to the Website 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:

  • a physical or electronic signature of the subscriber;
  • 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, and telephone number, 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 United States, 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.

SECTION 2: SPECIFIC ADDITIONAL TERMS FOR RENTAL APPLICANTS/PROSPECTIVE TENANTS

[#2A]2.A Dispute Resolution[#2A]

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND RENTSPREE HAVE/MAY HAVE AGAINST EACH OTHER ARE RESOLVED.

[#2A1]2.A.1 Consent to Arbitrate[#2A1]

You and RentSpree agree that any and all disputes or claims arising out of or relating in any way to this Agreement, and/or your use of the Services, shall be resolved exclusively through final and binding arbitration, rather than in court. This includes, but is not limited to, claims alleging a violation of federal law, claims alleging a violation of state law, claims alleging a violation of municipal law, tort claims, and breach of contract claims. Notwithstanding the foregoing, you and/or RentSpree may seek relief in an appropriate small claims court for any disputes or claims that fall within that court’s jurisdiction.

[#2A1a]2.A.1.(a) Prohibition of Class and Representative Actions, and Non-Individualized Relief.[#2A1a]

YOU AGREE THAT YOU MAY ASSERT ONE OR MORE CLAIMS AGAINST RENTSPREE ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS MEMBER, CLASS REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL. IN ADDITION, UNLESS BOTH YOU AND RENTSPREE AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR ONE PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.

[#2A1b]2.A.1.(b) Arbitration Procedures[#2A1b]

The arbitration will be conducted by the Judicial Arbitration and Mediation Service, Inc. (JAMS) under its rules, including JAMS’ Comprehensive Arbitration Rules and JAMS’ Consumer Arbitration Minimum Standards. JAMS' rules are available at www.jamsadr.com or by calling 213-620-1133. In the event that JAMS is unavailable to administer the arbitration, you and RentSpree will select another administrator for the arbitration. The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location.

The arbitrator shall have the authority to determine jurisdiction and arbitrability. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

[#2A1c]2.A.1.(c) Costs of Arbitration[#2A1c]

Payment of all filing, administration and arbitrator fees will be governed by JAMS’ rules.

[#2A1d]2.A.1.(d) Court-Modification of Foregoing Provisions[#2A1d]

To the extent a court of competent jurisdiction determines any provision within this Consent to Arbitrate section is not enforceable, you and RentSpree agree that the court may modify the provision to the minimum extent necessary to make the provision enforceable.

[#2A2]2.A.2 Judicial Forum for Legal Disputes[#2A2]

Unless you and RentSpree agree otherwise, in the event that the Consent to Arbitrate section above is found not to apply to you, you agree that any one or more claims or disputes that have arisen or may arise between you and RentSpree must be resolved exclusively by a state or federal court located in Los Angeles County, California. You and RentSpree agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California, for the purpose of litigating all such claims or disputes.

[#2B]2.B Governing Law[#2B]

You agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern this Agreement.

[#2C]2.C RentSpree’s Role[#2C]

As you know, the Services provide an online venue in which landlords, landlord representatives, brokers, property managers, sub-lessors and potential renters can find and exchange information in connection with potential transactions involving residential real estate and, if they choose, to arrange transactions with one another.

You understand and agree that RentSpree is not a listing agent, licensed real estate professional, or brokerage agent; nor does it counsel parties to real estate rental transactions, assess the qualifications of potential tenants, physically show properties, or negotiate rental leases or sales contracts. No brokerage relationship or any agency or fiduciary relationship is intended to be or shall be deemed to have been created between RentSpree and any user of the services provided by RentSpree.

Also, as RentSpree is not a law firm, 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.

[#2D]2.D The Data You Choose to Input[#2D]

RentSpree is not liable for the data you upload or transmit to RentSpree. You are solely responsible for all data that you upload or transmit via RentSpree’s Services and represent that you have the permission and authorization to submit the data you do transmit. We reserve the right to immediately terminate your access to RentSpree’s Services if you do not have permission to send RentSpree the data submitted. RentSpree does not have a responsibility to make back-up copies of your data or information, so you are responsible for creating backup copies of your data.

[#2E]2.E Background Checks[#2E]

You may have the option to order background checks on yourself from a third-party consumer reporting agency via RentSpree’s Platform. In addition, landlords, real estate professionals and property managers utilizing RentSpree’s Platform may request your permission to obtain background screening reports about you directly from a third-party consumer reporting agency. At no time will RentSpree perform a background check on you. RentSpree is purely a software conduit. Any background checks shall be completed exclusively by third-party agencies called consumer reporting agencies and returned to the party making the order. Should you have any questions about any background check being performed on you, please contact the landlord, real estate professional, or property manager involved in your transaction, or the consumer reporting agency identified as the source of the background screening report.

[#2F]2.F Charges at Request of Third-Party Clients or RentSpree[#2F]

As part of the rental process, property managers, real estate broker/agents, landlords or their representatives, may pass along certain costs and fees to you and ask you to pay them via RentSpree’s Platform. RentSpree may also assess certain fees for services provided. You will be informed of any charges before they are assessed, 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 credit card for applicable fees and you understand that, once charged, such fees are non-refundable. If RentSpree does not receive payment from the issuer of the credit card 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 Services in such circumstances.

Separate and apart from RentSpree, you may also be asked to pay additional fee by a property manager, real estate broker/agent, landlord or their representative. You understand that we do not control and are not responsible for any additional fees you may be asked or required to pay by third parties such as these.

SECTION 3: SPECIFIC ADDITIONAL TERMS FOR LANDLORDS, REAL ESTATE PROFESSIONALS AND PROPERTY MANAGERS

[#3A]3.A Dispute Resolution[#3A]

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND RENTSPREE HAVE/MAY HAVE AGAINST EACH OTHER ARE RESOLVED.

[#3A1]3.A.1 Consent to Arbitrate[#3A1]

You and RentSpree agree that any and all disputes or claims arising out of or relating in any way to this Agreement and/or your use of the Services, except the “Excluded Matters”, shall be resolved exclusively through final and binding arbitration, rather than in court. “Excluded Matters” means any one or more claims relating to the scope, infringement, validity, and/or enforceability of any one or more copyrights, trademarks, trade secrets and/or patents.

[#3A1a]3.A.1.(a) Prohibition of Class and Representative Actions, and Non-Individualized Relief[#3A1a]

YOU AGREE THAT YOU MAY ASSERT ONE OR MORE CLAIMS AGAINST RENTSPREE ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS MEMBER, CLASS REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL. IN ADDITION, UNLESS BOTH YOU AND RENTSPREE AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR ONE PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.

[#3A1b]3.A.1.(b) Arbitration Procedures[#3A1b]

The arbitration will be conducted in English by the Judicial Arbitration and Mediation Service, Inc. (JAMS) under its rules, including JAMS’ Comprehensive Arbitration Rules, as amended by the Agreement. JAMS' rules are available at www.jamsadr.com or by calling 213-620-1133. In the event that JAMS is unavailable to administer the arbitration, you and RentSpree will select another administrator for the arbitration. The arbitration hearing shall be held in Los Angeles County, California or at another mutually agreed location.

The arbitrator shall have the authority to determine jurisdiction and arbitrability. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

[#3A1c]3.A.1.(c) Costs of Arbitration/Attorneys’ Fees[#3A1c]

The arbitrator shall award to the substantially prevailing party, if any, as determined by the arbitrator, all of the substantially prevailing party’s “Costs and Fees”. “Costs and Fees” mean all reasonable pre-award expenses of the arbitration, including the arbitrator’s fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, deposition costs, hearing costs, witness fees, and attorneys’ fees.

[#3A1d]3.A.1.(d) Court-Modification of Foregoing Provisions[#3A1d]

To the extent a court of competent jurisdiction determines any provision within this Consent to Arbitrate section is not enforceable, you and RentSpree agree that the court may modify the provision to the minimum extent necessary to make the provision enforceable.

[#3A2]3.A.2 Judicial Forum for Legal Disputes[#3A2]

Unless you and RentSpree agree otherwise, in the event that the Consent to Arbitrate section above is found not to apply to you, you agree that any one or more claims or disputes that have arisen or may arise between you and RentSpree must be resolved exclusively by a state or federal court located in Los Angeles County, California. You and RentSpree agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California, for the purpose of litigating all such claims or disputes.

[#3B]3.B Governing Law[#3B]

You agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern this Agreement.

[#3C]3.C Your Account[#3C]

You are responsible for your account on Rentspree.com and agree that you will only allow your designated representatives to access your account or use the Services. If you become aware of any unauthorized use of your account or the Services for any reason you must promptly report it to RentSpree. To use the Services, you must provide the information requested by RentSpree.

[#3D]3.D Fair Housing Law Compliance[#3D]

All submissions to and use of the Services may be subject to the federal, state, and local fair housing laws, which generally make it illegal to indicate in any advertisement any preference, limitation, or discrimination because of race, color, religion, sex, physical or mental disability, familial status (e.g. “No children” or “Not suitable for Children”), sexual orientation, ancestry, marital status, or source of income (e.g. “No Section 8" is prohibited). You agree that you shall comply with all applicable fair housing laws.

[#3E]3.E Compliance with Other Laws[#3E]

You understand and agree that you are solely responsible for your own actions and processes with tenants, potential tenants, customers, clients and all other third parties including any use of User Content or automated decision making processes. You agree to comply with all other applicable law with respect to your use of the Services. RentSpree does not provide legal advice. Nothing included as part of the Services should be taken as legal advice. You agree that you will obtain guidance from your own independent legal counsel prior to taking any action or utilizing the Services in any way. Your use of the Services is an acknowledgement that you understand the risks associated with this, and you hereby represent to RentSpree that you have taken the opportunity to receive independent legal guidance as to your processes and actions, as appropriate.

You understand and agree that legal compliance is your responsibility, and that RentSpree is not responsible for any failure of a broker, agent, landlord or property manager’s failure to comply with applicable law. Any documents or other materials generated by you through the Services are done at your own risk and you assume full and exclusive responsibility for them. RentSpree disclaims any responsibility or liability for the contents or format thereof.

[#3F]3.F Flyers and Marketing Materials[#3F]

Although you may use RentSpree to generate a marketing flyer that contains an application ApplyLink™ and other property information for your convenience, you accept full responsibility for ensuring that the flyer meets all applicable bureau of real estate requirements and other laws specific to the area in which you do business, including all applicable privacy and data security laws. You agree that you confer with your local, state and federal real estate regulatory authorities, and your legal counsel, as appropriate, for more information.

[#3G]3.G Applications, Background Screening Documents, and Other Forms[#3G]

For your convenience, RentSpree may make certain documents available to you through the Website and/or Platform. These include items such as rental applications, background screening consent forms, adverse action letters and other forms of correspondence. You understand that all such documents are samples and offered solely as a courtesy and should not be construed as legal advice. Laws governing the content of such documents frequently change. Accordingly, you agree to consult with counsel as appropriate to make sure that you are using documents and processes that comply with any and all federal, state, and local laws that apply to you. Use of RentSpree’s sample documents or processes is entirely optional. Therefore, if you choose to use RentSpree’s sample documents in part or whole, or if you choose to leverage one or more RentSpree processes that build in sample documents, you agree that such documents/processes should be considered your own (not that of RentSpree), and that you have consulted with your own legal counsel to the extent necessary regarding the use of such documents/processes. You agree to indemnify 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 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 your use of sample forms, sample documents, or processes made available by RentSpree.

[#3H]3.H Background Checks[#3H]

You may use RentSpree’s Platform to order a background screening report on a prospective or current tenant from a third-party consumer reporting agency in the business of providing background screening reports (TransUnion Rental Screening Solutions, Inc.). You understand and agree that all background screening reports are ordered from and prepared by TransUnion Rental Screening Solutions, Inc., not RentSpree, and that RentSpree is in no way responsible for the content of such background screening reports. Should you order background screening reports through RentSpree’s Platform, you certify that you have a permissible basis to do so under applicable law and also that you are in compliance with all applicable laws related to such background checks. Among other things, you certify that you have met all applicable background screening consent requirements under federal, state and local law, including any applicable California requirements, and that you will comply with any applicable adverse action requirements under federal, state, and local law, including any applicable California requirements, should you decide to refuse to rent to a prospective or current tenant or take other adverse action against a prospective or current tenant. If you have any questions related to the content of a background screening report, you must follow up with TransUnion Rental Screening Solutions, Inc. directly. You understand that background screening reports cannot and will not be stored on the Platform. You agree to indemnify 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 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 checks ordered by you.

[#3I]3.I Request for Prospective Renters to Upload Documents[#3I]

At your discretion and subject to any related charges, you may invite prospective tenants to upload documents that you may require during the application process (e.g., proof of income, government-issued ID, pet photos). You understand and agree that you shall only seek documents and information at a legally permissible time and in a legally permissible way, and that all such requests for documents shall 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 certify that you have consulted with legal counsel as necessary on these issues.

[#3J]3.J Rent Estimate Reports[#3J]

At your discretion and subject to any related charges, you may use RentSpree’s Platform to order rent estimate reports from a third-party company in the business of providing such reports. You understand and agree that all such reports are prepared by a third-party organization, not RentSpree, and that RentSpree is in no way responsible for the content of such reports. 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.

[#3K]3.K Software Tools for Reference Checks[#3K]

At your discretion and subject to any related charges, you may use RentSpree’s Platform to accomplish your reference checks on prospective tenants. If you decide to use these software tools, 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 software 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.

[#3L]3.L Connection to Listing Services[#3L]

You authorize RentSpree to connect with your multiple listing service, or other online real estate service management tools and platforms (e.g. zipLogix™) for the purposes of transmitting property and transaction information and notifications in connection with managing your use of Services. For information regarding zipLogix™ privacy policies and terms of use please consult their site.