Effective date 2017-06-30
Please read this Agreement carefully before accessing or using RentSpree or any other products from RentSpree. By accessing or using any part of the web site or products, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any RentSpree products or Services. If you are entering in 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 Websites or products governed by this Agreement.
Each of RentSpree’s service clients may be subject to one or more separate written agreements with RentSpree or with each other, This Agreement applies only to use of the Website and the Services and in no way affects the terms and conditions of any Service Agreement.
You must not use the Service to:
- Violate the laws of the United States, its states, 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 our 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.
- Do anything else which, at the sole discretion of RentSpree, could bring RentSpree into disrepute, or which violates the rights of any person.
For Rental Applicants
The Website and the Services provide an online venue which landlords, landlord representatives, brokers, property managers, sub-lessors and potential renters can use to find and exchange information in connection with potential transactions involving residential real estate and, if they choose, to arrange transactions with one another. RentSpree is not a listing agent, licensed real estate professional, 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. Additionally, real estate transactions are governed by various laws, practices and customs for which RentSpree shall not be liable. 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.
In addition to our Services, the site may contain listings or other information from third parties. We do not control and are not responsible for the content of these parties
You may be subject to fees for services on the site or by an email invitation from a Property Manager, real estate broker/agent, landlord or their representative in which you have applied to rent a residential unit, charged by RentSpree which will be identified at the point of purchase using a third party payment processor (such as Braintree Payments). We reserve the right to add or remove functionality and charge additional fees for them, or the existing services upon reasonable notice to you. You may be required to consent to these additional fees and other terms and conditions prior to accessing the services. You agree that we may charge your credit card for applicable authorized 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 RentSpree account and your access to the services in such circumstances.
Although you will may pay a fee associated with RentSpree’s Services, you may also be asked to pay an additional fee by a property manager, real estate broker/agent, landlord or their representative. 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.
Except as expressly set forth by law, 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 or Websites 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.
By providing RentSpree with data you:
- Agree to provide only true, accurate, current and complete information about yourself and not to misrepresent your identity or your RentSpree account information;
- Authorize RentSpree to make copies as we deem necessary in order to provide the services;
- Grant RentSpree an irrevocable, perpetual, non-exclusive, transferable, fully paid worldwide license to use your data, except as restricted by law, for the purpose of delivering the service provided by RentSpree.
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.
For Landlords, Real Estate Professionals and Property Managers
Flyers and Marketing Materials
Although you may use RentSpree to generate a marketing flyer that contains an application LeaseLink™ and other property information for your convenience, you are solely responsible to ensure that the flyer meets all applicable bureau of real estate requirements and other laws specific to the area in which you do business. Please confer with your local, state and federal real estate regulatory authorities for more information. Compliance is your responsibility and RentSpree is not responsible for any failure of a broker, agent, landlord or property manager’s failure to comply with the law or regulation relating thereto, including, without limitation any changes thereto.
Your Permitted Uses
You represent and warrant that you will use the data provided by the Service solely for permissible purposes authorized by law and for no other purposes, that you certify that are the end user of the Services and you will not share any of the data from the Service with any third parties unless otherwise authorized by law other than the person who is the person who authorized the report via the Services (‘the “End User”). You agree that you are solely responsible for your compliance with the Fair Credit Reporting Act (“FCRA). You also agree that your employees, representatives and End-Users will be forbidden to attempt to obtain reports on themselves, family, associates or anyone else except in the exercise of their official duties.
You represent that you are familiar with the requirements of FCRA, including the provisions set forth in this Agreement, as well as applicable state and federal laws, and agree to comply with all requirements of the FCRA in connection with the Services or any product thereof.
You shall implement appropriate procedures so that only employees and designated representatives with adequate training regarding the requirements of the FCRA have access to the Services and agree to do so.
THE FCRA PROVIDES THAT ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CONSUMER REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18, OR IMPRISONED NOT MORE THAN TWO YEARS, OR BOTH.
The Services may be terminated in the event that screening report providers terminate their services with RentSpree or in the event that we reasonably believe that your use of the Services may be violating the law or the rights of others.
You agree that, RentSpree may conduct, upon reasonable notice, audits to ensure your compliance with FCRA and this Agreement and you agree to reasonably cooperate with RentSpree in connection with such audits and provide such documentation to verify your status and compliance with the Agreement and FCRA as requested by RentSpree. We will store and you authorize us to store such compliance information and records as we deem reasonably necessary to establish compliance and provide you with the Services.
Once you provide us with the necessary requested information to provide the Service, you authorize RentSpree to contact the potential tenants whose information you have provided RentSpree with, on your behalf, solely for the purpose of providing the Services.
Potential tenants providing information in connection with the Services shall be required to complete such paperwork and subject to such separate terms as are necessary to provide the Services in compliance with the law.
When making any posting on the Website or any Service you must comply with section 3604(c) of the Federal Fair Housing Act. This law generally prohibits stating, in any notice or ad for the sale or rental of a dwelling, a discriminatory preference based on any of the following protected categories: Race or Color, National Origin, Religion, Sex, Familial Status or Disabilty The Fair Housing Act provides additional protections, and limited exceptions, that are explained in publications from the U.S. Department of Housing and Urban Development ("HUD") and the Department of Justice. State and local laws may apply as well. We will block or remove any listings that we are notified of that we reasonably believe may violate these laws.
All submissions and use of the Services are subject to the federal and California fair housing laws which 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). Your local jurisdiction may impose additional requirements.
Complaints alleging discrimination in housing may be filed with the nearest office of the United States Department of Housing and Urban Development (HUD), or by calling HUD’s toll free number, 1-800-669-9777 (voice), or 1-800-543-8294 (TDD).
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 Website or 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.
Right to Refuse Service
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.
Third Party Links
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 simply discontinue using the Website or Services. 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, indemnity and limitations of liability.
Proprietary Rights; Restrictions on Use
All software used on the Website 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 Website and Services are the property of RentSpree. Except as expressly provided in the case of User Data (as defined below), 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.
RentSpree authorizes you to use the Services and access, view, use, download and print the Site 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 Site Content;
- you may not remove or alter any copyright, trademark or other proprietary rights notices that have been placed in the Site Content.
- you agree to be bound by the terms and conditions of this Agreement.
Except as expressly permitted above, modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Services, the Site Content, or any portion of the Site 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 Site 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 Site Content is transferred to you, and all rights not expressly granted are reserved by RentSpree. Any use of the Services or the Site 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 Site 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 Site Content or your use of them, and you will be solely responsible for your own individual violations of any of them.
- We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: terminate your access to our Services,
- deactivate or delete any of your accounts and all related information and files in such accounts and
- bar your access to any of such files or Services.
Suggestions Submitted to RentSpree
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.
DISCLAIMER OF WARRANTIES
THE SERVICES IS PROVIDED “AS IS". RENTSPREE AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER RENTSPREE NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT THE PLATFORM WILL BE ERROR FREE OR THAT ACCESS THERE TO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE SERVICES AT YOUR OWN DISCRETION AND RISK.
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 it is a party; (c) this Agreement constitutes the legal, valid and binding obligation of such party; and (d) it shall perform this Agreement in accordance with all applicable laws
LIMITATION OF LIABILITY
IN NO EVENT WILL RENTSPREE, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO RENTSPREE UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. RENTSPREE SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
General Representation and Warranty
You agree to indemnify and hold harmless RentSpree, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Services, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between RentSpree and you concerning the subject matter hereof, and they 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 of this Agreement invalid or unenforceable, the remainder shall remain valid, enforceable and in good effect.
Governing Law and Dispute Resolution
This Agreement is governed by the laws of the state of California, U.S.A., without respect to its conflict of law provisions. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights, any dispute arising under this Agreement shall be subject to mediation in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS") by arbitrator(s) appointed in accordance with such Rules. The arbitration shall take place in Los Angeles, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. Notwithstanding any rules of the JAMS to the contrary, any claims shall be adjudicated on an individual basis only, and YOU WAIVE ANY RIGHT TO BRING ANY CLAIM AS A REPRESENTATIVE OF A PROPOSED CLASS, ON AN AGGREGATED OR MASS BASIS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO CONSOLIDATE ARBITRATION PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES THERETO.
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. RentSpree may assign its rights under this Agreement without condition.
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 17815 Ventura Blvd, STE 202, Encino, CA 91316, 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.
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.