Holiday Closure

Hudson Homes Management LLC General Rental Guidelines
Hudson Homes Management LLC Terms of Use
RENTCafé Terms of Service


Hudson Homes Management, LLC General Rental Guidelines

All prospects must fill out a complete application for consideration of tenancy. 

HOW TO APPLY & APPLICATION TIMELINE

  • First, find a home through online search.
  • Set up a time to tour the home by clicking "self-tour now" on the property listing. Information on how to tour can be found at tour the home.
  • Once you’ve found the perfect home, review all application requirements outlined on this page.
  • When you are ready to apply, create an account/log-in.
  • Once you’ve created an account, complete the application and pay the non-refundable application fee.
  • If you submit an incomplete application, you’ll receive an email letting you know that your application is incomplete.
    • Your application will not be processed until all required documentation is received. Other applications may be processed during the timeframe your application is marked incomplete. A Required Documents Checklistis provided for your convenience.
    • 24-HOUR POLICY: To process your application in a timely manner, you must provide any additional requested documentation/information to complete your application as soon as possible. Failure to provide documents/information within 24 hours window may result in the cancelation of your application.
  • Once you’ve submitted all required documents for a complete application, allow one to three business days to be notified of application approval, cancellation or denial by email.
  • MONITOR YOUR INBOX for important / time-sensitive email communications regarding your application. You MUST respond to communications within 24 HOURS.  
  • If you’re approved, you’ll be required to pay the security deposit and sign the lease within 24 hours of email approval notification. Failure to sign and pay the deposit within the 24-hour window will result in cancellation of your application.
  • Approved applicants are required to occupy (“Move-In”) the home within 15 days of approval.
    • See Lease Start/ Move-in Date disclaimer below for more information.
  • You’ll be contacted by the move-in team with instructions as your move-in date approaches.
  • You’ll be required to pay all Move-In charges prior to moving into the home.
  • You’ll be required to provide proof of renter's insurance 24 hours prior to move in.

 

LEASE START / MOVE-IN DATES  

  • All lease start dates/move-ins should be scheduled on weekdays, Monday through Friday. Weekends and Holidays are excluded.
  • Move-in dates should be no sooner than seven day from application submission, and no further than 15 days from approval. 
  • Once an application is approved a move-in date will be finalized. Please reach out to your move-in coordinator with any questions.
  • Please note move-in dates are subject to change. 

APPLICATION & ADMINISTRATIVE FEES

  • A NON-REFUNDABLE Application Fee, per adult, 18 years and older is required for each application submitted, where permitted by law.
  • Application fees vary by state. Most application fees are $50 per applicant.
  • Application fees are NON-REFUNDABLE regardless of your screening outcome.
  • Applications are valid for 30 days from initial application date and application fees may be reapplied if any of the following apply:
    • The application is cancelled due the applicant’s failure to provide required documentation within the 24-hour timeframe. The application fees can be reapplied (within 30 days of the original application date) once the applicant supplies the required documents.
    • See Multiple Applications Policy: when multiple applications are received on a home, non-prevailing parties may still be qualified for another home of similar price range (no additional application fees will be required for any additional application submitted within thirty (30) days from the initial approval date). Please contact an application coordinator if you would like to reapply for a different home.
    • Declined applications are not eligible to have the application fees be reapplied.
  • A one-time, NON-REFUNDABLE Administration Fee is due at the beginning of the lease term, where permitted by law.


AGE REQUIREMENTS

  • Applicants must be of legal age, 18 years and older.
  • Everyone who will be residing in the home that is the legal age of 18 years or older must submit an application (by using their own unique email address) and pay the application fee, where permitted by law. 
  • Minor occupants (under the age of 18) must be listed on the application in the "Additional Applicants" section. Information required for minors includes name and date of birth ONLY.


OCCUPANCY STANDARDS

  • Occupancy standards: two persons maximum per bedroom, plus one additional occupant permitted, where permitted by law.
  • Lease Term: 12 months.

 

IDENTIFICATION REQUIREMENTS

  • All applicants must provide a valid Social Security Number (SSN) and a valid government-issued photo ID. Expired ID's will not be accepted, except where allowed by individual states due to COVID-19 extensions. Extension guidelines can be found on each state's Department of Public Safety (DPS) website. Please consult your state's policy prior to applying.
  • IDENTIFICATION DOCUMENTS REQUIRED: Acceptable photo ID can be a valid Driver’s License, State Identification Card, Military ID or US Government issued picture ID upon submission of application.
  • If an applicant does not have a SSN: non-U.S. Citizens will need to perform a NOVA International Credit Screening and OTFC/Criminal Check and meet all other qualifications required.  This additional screening is initiated and paid by the applicant.


INCOME VERIFICATION REQUIREMENTS

  • Applicant(s) must provide verifiable proof of stable and lawful income.
  • Failure to provide required income verification documents will result in cancellation of your application and your application fee will not be refunded.
  • As permitted by applicable law, the gross monthly household income of all applicants will be considered jointly and must be more than or equal to THREE TIMES the rental rate of the home. 
  • Required Documents Checklist is provided for your convenience. 
  • INCOME VERIFICATION DOCUMENTS REQUIRED:
    • W2 Employees - Must provide their most recent pay stub showing income from the most recent pay period. For example:
      • If you are paid weekly you should provide a pay stub that shows payment for the previous calendar week.
      • If you are paid bi-weekly/semi-monthly you should provide a pay stub that shows payment for the most recent bi-weekly/semi-monthly pay period on the calendar.
      • Pay stubs must be legible and include employer name, address and phone, applicant name, pay dates, YTD earnings and tax deductions. (Please see the Required Documents Checklist for an example of a valid pay stub).
    • Self Employed - Must provide previous three months personal bank statements as evidence of sufficient monthly income. 
      • Bank statements must have applicant name, bank name and address. (Please see the Required Documents Checklist for an example of a valid bank statement)
    • Jobs that are commission only, base salary plus commission, tips, bonus or cash, will be considered self-employed and must meet the guidelines for self-employment.
    • Offer Letters and Transfer Letters - All letters must be on company letterhead, signed by employer and include the employer contact information, employee start date and income. Start date must be within 30 days of application date.
    • Child Support and Alimony - Must be court ordered (must provide court order) along with three months of current bank statements or payment statement from the state Child Support Enforcement Agency. 
    • Social Security Income - Applicants must provide current government issued SSI Award Letter (for the current year) reflecting the applicant as active recipient along with three months of current bank statements or payment statement from the Social Security Administration.
    • Pensions/Retirement Income - Applicants must provide three months of current bank statements or Pension/Retirement statements.
    • Military Housing - Basic allowance for Housing (BAH) document and Earnings Statement (LES) required, additional information may be required.
    • Foster Child Income - Must provide formal letter from foster agency regarding foster income and age(s) of foster child(ren) and three months of current bank statements or payment statement from the state Foster Care Agency.
    • Housing Assistance - Hudson Homes currently accepts Housing Vouchers / RTA or other federal, state, or local housing assistance or subsidies where required by state, county, or municipal ordinance. If you have Leasing or Application questions, please dial 877-565-4669 and follow the prompts to reach a representative in your area. Please note, the Housing Department will not be able to answer leasing questions. If you have already submitted an application and have questions about your RTA packet, please contact the Hudson Homes Housing Department by dialing (469) 899-2551. Please note, all Housing Applicants must provide Housing Choice Voucher / RTA or other relevant federal, state, or local housing assistance or subsidy documentation.

 

CREDIT HISTORY

Although screening is not solely based on credit, credit history should show that the resident has paid bills on time and does not have a history of landlord debt write-offs or collection accounts. Any money owed to a previous landlord is cause for decline of your application, except where prohibited by law. Your application may also be declined, or an additional deposit may be required due to poor credit history. Please read the below carefully.

  • Landlord Collections: Applicants must not have any open/unpaid landlord collections, except where permitted by law. All landlord balances must be paid with verifiable proof of payment provided and/or verifiable proof the debt is not owed.
  • Evictions/Dispossessory Filings: Applicants must not have any evictions within the last five years. No more than two dispossessory filings annually in the past three years.
  • Bankruptcies: All bankruptcies must be closed or discharged 30 days or more. Open bankruptcies are cause for automatic decline of your application.
  • Judgments/Foreclosures: All Judgments must be older than one year. Foreclosures within the last two years will require an additional deposit.
  • Government/State Tax liens: All liens over $5,000 will be reviewed and subject to an additional deposit or may result in your application being declined.
  • Collections: Applicants with collection accounts over $1,000 within the past 12 months may be subject to an additional deposit or may result in your application being declined.
  • Hudson Homes is not responsible for the outcome of the applicant’s screening. It is the applicant's responsibility to know of any issues regarding their own credit that would affect their rental status.
  • Please unlock/unfreeze your credit prior to applying. In the case that we receive an alert on your credit file, including a “locked” or “frozen” alert, your application will not be processed until you give Hudson Homes permission to move forward.
    • Please note that other applications may be processed in the timeframe that Hudson Homes is waiting to hear back from you.
    • Permission to move forward with your application must be received within 24 hours of the alert notification or your application will be canceled. 
  • Screening is done by a third party, RentGrow. If your application is declined, you will receive an Adverse Action notification with directions on how to contact RentGrow with any questions, and what your next steps should be.
  • If screening results in an unexpected credit-related denial, we suggest applicants reach out to the credit reporting agencies to address any inconsistencies in their credit history.

 

RENTAL HISTORY

Rental history will be considered when screening applicants. Please read the below carefully.

  • Any debt owed to a Landlord must be paid in full before the application can be considered, except where prohibited by law.
  • Applicants must have given a 30-day notice to vacate to previous landlord.
  • Forcible Entry and Detainers (Evictions) due to property damage, unpaid rent, drug use or any criminal activity will not be accepted under any circumstances.
  • Applicants must not have more than three late payments within 12 months or five late payments within 24 months or the application may be subject to decline. Late payment policies differ by state and are contingent upon the state in which the home is located.

 

CRIMINAL HISTORY

A criminal background screening will be conducted on each applicant. The application will be declined for any of the following reasons:   

  • Felony records that include any violent crime against a person(s) or sexual nature.
  • Serious Misdemeanors in the last seven years.
  • Exact name match on the OFAC Watch List.
  • Name and DOB matches on the Registered Sex Offender Database.
  • Any drug charge in the last seven years.
  • Persons who have been charged, convicted, or received deferred adjudication for a felony or a misdemeanor involving any of these crimes.

New Jersey applicants ONLY:

  • New Jersey applicants will be screened in two phases. The applicant must pass the first phase of screening to move to the second phase of screening.
  • The first phase will screen for non-criminal criteria including credit, civil and rental history. However, the first phase will also consider the below criteria. If an applicant's history includes the items below, they will be denied. Please DO NOT move forward with your application if the below apply.
    • Convictions for manufacture or production of methamphetamine on the premises of federally assisted housing.
    • Lifetime sex offender registrations.
  • If the applicant passes the first phase of screening, they will be considered pre-qualified and a conditional offer of housing will be made, while their criminal background is being screened.
  • In the second phase of the screening process, the applicant's criminal background will be screened.
  • An "individualized assessment" of the applicant's criminal history information will be made.
  • If an applicant has a criminal history, they may have the right to provide evidence demonstrating inaccuracies within your criminal record or evidence of rehabilitation or other mitigating factors.

 

CO-SIGNERS/ GUARANTORS

Co-Signers/Guarantors are allowed by invitation only and may be offered as an option for the following screening results:

  • Unsatisfactory credit rating.
  • Unverifiable rental history.
  • Full-time students without verifiable income. Proof of full-time student status will be required. Guarantor will be responsible for monthly payments throughout the term of the lease.

If you are eligible to use a co-signer/ guarantor, you will be notified by an application coordinator. Please do not add a co-signer/ guarantor prior to receiving an invitation. Guarantors must submit a separate application and meet additional credit and income (4.5 times rent amount) requirements.

 

PETS & SUPPORT ANIMALS

All Pets/Animals are subject to Property Management approval.

  • Pets
    • Hudson Homes allows a maximum of three pets per household.
    • PHOTO REQUIRED: Applicants must provide pet photo and breed information.
    • Pet restrictions apply to breed type and size. Restricted breeds result in automatic cancellation. Please consider the following breeds “Restricted” and “Unacceptable”:
      • Akita
      • Alaskan Malamute
      • Boxer / Boxer Mix
      • Bulldog (any type including but not limited to American, English, French) 
      • Bullmastiff or Mastiff
      • Chow
      • Doberman
      • German Shepard
      • Husky / Siberian Husky
      • Pit Bull Terrier
      • Presa Canario
      • Rottweiler
      • Staffordshire / Bull Terrier
      • Wolf Dog / Wolf Hybrid
      • *Any combination (mix) of these or any dog that has any of the above breeds linage.
    • Pets are governed by a separate addendum to the lease agreement and may result in additional fees, rents or deposit requirements. 
    • Pet fees depend on number of pets in the home and state where the property is located. Please see PET FEES by state for your state's requirements.
    • HOA pet restrictions (if any) supersede those of Hudson Homes.
  • Hudson Homes does not allow exotic animals. Exotic animals include but are not limited to birds, reptiles and rodents.
    • Please contact Hudson Homes with any questions regarding restricted/exotic pets prior to applying.
  • Service animals and Emotional Support Animals (ESA) are exempt from any rent, fees, deposits, dog breed restrictions, and insurance requirements.
    • ESA: Applicant must agree that the animal cannot create a nuisance and that it must be on a leash if outside the home, but on the property area.
      • PHOTO & DOCUMENT REQUIRED:
        • Applicants must provide ESA photo
        • Applicant must provide a doctor's letter dated within the past 12 months to support the necessity of the support animal. 
    • Service Animal: 

 

MULTIPLE APPLICATIONS POLICY

In today’s competitive marketplace, it is common to receive more than one application on any given home. In this instance, the following will apply:

  • All applications received on the same date will be processed and approved in the order received.
  • Applications received after hours and on holidays will be processed the next business day.
  • Applications are approved on a first-come, first-serve basis, meaning the applicant who applies and supplies all of the required information for screening first, and is approved first receives the home.
    • If your application is submitted incomplete, Hudson Homes will not resume processing it until it is completed.
    • During the timeframe your application is marked incomplete, other complete applications may be processed.
    • It is imperative to submit all requested documents/information as soon as possible. Failure to provide documents/ information within 24 hours will result in the cancelation of your application. 
    • Hudson Homes will continue to market the home and accept rental applications until a lease is fully executed.
  • Non-prevailing parties will be notified if the home is leased to another applicant.
  • Non-prevailing parties may still be qualified for another home of similar price range (no additional application fees will be required for any additional application submitted within 30 days from the initial approval date). Please contact an application coordinator if you would like to reapply for a different home.
  • Please note, application fees are NON-REFUNDABLE in the event of multiple applications received on any home.

 

HOME OWNER'S ASSOCIATION (HOA)

  • A homeowner’s association is an organization that manages the community housing developments. 
  • Hudson Homes managed homes within a HOA require Residents to follow all HOA rules and guidelines.
  • If you are leasing a home within an HOA, your Move-In coordinator and Property Manager will provide the information needed in order to access the home and or/common areas and amenities.
  • Residents are responsible for any HOA violations.
  • In some instances, the HOA may require an additional application and application fees.


**Avoid Rental Scams: Hudson Homes Management does not advertise on Craigslist and will NEVER ask you to wire money or request funds through a payment app on your mobile device.** To apply to a Hudson Homes property legitimately, all applicants must create an account and fill out an online application. Any follow-up email communication from Hudson Homes will include @hudsonhomesmgmt.com in the domain. If applicants have any questions about one of our homes, they are directed to call our main phone number at 877-565-4669 and follow the prompts to reach a representative. 

Contingency: Hudson Homes Management does business in accordance with the Fair Housing Act, as amended. Agents understand that it is illegal to discriminate against any person because of race, color, religion, sex, handicap, familial status, or national origin. This applies in the sale or rental of housing or residential lots. It also applies to advertising, the sale or rental of housing and the financing or appraisal process. In addition, blockbusting is illegal. To assure residents or buyers that we don’t discriminate, we display Equal Housing Opportunity posters in our office and have its logo printed on our application forms.

*By submitting an application, applicant(s) acknowledge(s) and accepts the lease application will be approved or rejected based on the information above. Falsification of any information on the lease application, provided documentation, or incomplete documentation will result in your application being declined. Applicant(s) also agree(s) to submit all documents necessary to complete the application within 24 hours of the application date. All information must be verifiable. Failure to provide the documentation will result in a denial of your application and/or forfeiture of all fees paid to reserve the home.

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UPDATED 01.01.2022


Hudson Homes Management, LLC Terms of Use

Terms of Use

This statement applies to Hudson Advisors websites worldwide, including the website for Hudson Homes Management LLC (“Hudson Homes”).

User Agreement

This User Agreement (this “Agreement”) sets forth the terms under which you may use the Hudson Homes website (the “Site”). The terms “you” and “your,” as used in this Agreement, refer to all individuals and entities accessing the Site for any reason. The term “Hudson”, as used in this Agreement, refers to Hudson Advisors L.P. and its subsidiaries, including Hudson Homes. BY ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, AGREE TO BE BOUND BY AND UNDERSTAND THIS AGREEMENT, AND THAT YOU WILL COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS, INCLUDING UNITED STATES COPYRIGHT AND TRADEMARK LAWS. If you have any questions about your obligations under this Agreement, email [email protected]

  1. Limited License and Site Use. Subject to the terms of this Agreement, Hudson grants you a limited, revocable, nonexclusive, nontransferable license to view, store, bookmark, download, and print the pages within the Site that you are authorized to access for your personal, informational, and noncommercial use.  The Site may only be used by registered users for lawful purposes.  Except as otherwise stated in this Agreement, you may not: (a) modify, copy, distribute, transmit, post, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer, sell, or exploit any reports, data, information, content, or other materials on, generated by or obtained from the Site (collectively, “Materials”); (b) use any automated means to access the Site or collect any information from the Site, including without limitation robots, spiders or scripts (this means, among other activities, that you agree not to engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining information from the Site); (c) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages; (d) engage in any conduct that could damage, disable, or overburden (i) the Site, or (ii) any systems, networks, servers, or accounts related to the Site, including without limitation, using devices or software that provide repeated automated access to the Site; (e) probe, scan, or test the vulnerability of any Materials, services, systems, networks, servers, or accounts related to the Site or attempt to gain unauthorized access to Materials, systems, networks, servers, or accounts connected or associated with the Site through hacking, password or data mining, or any other means of circumventing any access-limiting, user authentication or security device of any Materials, systems, networks, servers, or accounts related to the Site.
  2. Certain parts of the Site are protected by passwords and require a login.  You agree not to disclose or share your password with any third party or use your password for any unauthorized purpose. You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Hudson of any unauthorized use of your registration or password by emailing [email protected]
  3. You agree to indemnify and hold Hudson Advisors L.P., and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of this Agreement, or your violation of any rights of another.
  4. Intellectual Property. You relinquish all ownership rights in any ideas or suggestions that you submit to Hudson through the Site.  You acknowledge that Hudson has full rights to use and implement any such ideas and suggestions.  All Materials on the Site, whether separate or compiled, including but not limited to text, graphics, logos, buttons, images, downloads, files, and code, as well as all copyright, patent, trademark, trade dress, and other rights therein, are owned or licensed by Hudson, and are protected by United States and international intellectual property laws.
  5. Upon any breach by you of this Agreement, Hudson may pursue, in its sole discretion, all of its legal remedies, including but not limited to termination of your registration and your ability to access the Site. Hudson may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and you acknowledge and agree that Hudson may immediately deactivate or delete your account and all related information and material in your account and/or bar any further access to such information or to the Site.  Further, you agree that Hudson is not liable to you or any third party for any termination of your access to the Site.
  6. Hudson may provide, or third parties may provide, links to other websites or resources that are beyond Hudson’s control.  Hudson makes no representations as to the quality, suitability, functionality or legality of any sites to which links may be provided, and you hereby waive any claim you might have against Hudson, with respect to such sites.  HUDSON IS NOT RESPONSIBLE FOR CONTENT ON WEBSITES THAT ARE CONTAINED OUTSIDE THE SITE.  If you decide to access linked third party websites, you do so at your own risk.
  7. No Warranty. HUDSON DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. THE SITE AND THE INFORMATION AND MATERIAL HEREIN ARE PROVIDED “AS IS,” AND HUDSON EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  Without limiting the foregoing, Hudson does not promise or warrant to you that any aspect of the Site will work properly or will be available continuously. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights, which vary from state to state.
  8. Limit on Liability.  IN NO EVENT SHALL HUDSON BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THIS AGREEMENT. FURTHER, IN NO EVENT SHALL HUDSON BE LIABLE TO YOU IN AN AMOUNT GREATER THAN $100. Some states do not allow the foregoing limitations of liability, so they may not apply to you.
  9. Governing Law and Arbitration.  This Agreement is governed in all respects by the laws of the State of Delaware. Any controversy or claim arising out of or relating to this Agreement or the Site will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.  Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.  The arbitration shall be conducted in the State of Delaware, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.  The award of the arbitrator shall be final and binding upon the parties without appeal or review, except as permitted by Delaware law.  Notwithstanding the foregoing, either party may seek any interim or preliminary relief from a court of competent jurisdiction in the State of Delaware as necessary to protect the party’s rights or property pending the completion of arbitration.  By using the Site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Delaware.
  10. Entire  Agreement.  This Agreement constitutes the entire agreement, and supersedes the provisions of any other agreements or understandings (oral or written), between the parties with respect to your use of the Site.
  11. Modifications to Terms of Agreement.  Hudson reserves the right to revise, amend or modify the terms of this Agreement at any time and in any manner at its sole discretion.  Please check these terms periodically for changes.  Notice of any revision, amendment or modification of the terms will be posted in this section of the Site, and any such revisions, amendment, or modifications will be effective upon the posting of such notice.  Continued use of the Site by you constitutes your binding acceptance of such revisions, amendments, and modifications.  IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE THE SITE.
  12. You shall comply with all laws and regulations applicable to your access and use of the Site.  If any portion of this Agreement is deemed unenforceable, that portion shall be enforced to the maximum extent possible and the remaining portions of the Agreement shall be given full effect.  Hudson’s failure to act in a particular circumstance does not waive the ability to act with respect to that circumstance or similar circumstances. Hudson shall be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. No agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement.  Hudson may change, remove, or require registration or payment to continue use of any aspect of the Site at any time without further notice to you.


RENTCafé TERMS OF SERVICE

If you are a property manager or owner, please click here (https://sitemanager.rentcafe.com/sitemanager/termsandconditions.aspx).
 

These Terms of Service (these “Terms” or the “Agreement”) describe our company’s (“Company,” “we,” “us,” or “our”) terms of service with respect to persons or entities who access our property’s RENTCafé website or mobile applications (collectively, the “Site”), including without limitation renters and potential renters (collectively, with all persons or entities who access the Site, “Users,” “you,” or “your”).  To access the Terms of Service of RENTCafé, please visit: https://resources.yardi.com/legal/rentcafe-terms-of-service/.

This Site is owned and operated by us to offer certain services to renters and potential renters (the “Services”).  This Site uses the RENTCafé technology platform, which is owned and operated by Yardi Systems, Inc. (collectively, with its subsidiaries and affiliates, “Yardi”).

IMPORTANT – PLEASE READ CAREFULLY. THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND US. THIS AGREEMENT ALONG WITH ANY OTHER TERMS THAT MAY BE POSTED ON THE SITE WITH RESPECT TO RENTCAFÉ PRODUCTS AND SERVICES, AND ANY OTHER WRITTEN AGREEMENTS OR CONTRACTS BETWEEN YOU AND US THAT INCORPORATE THESE TERMS BY REFERENCE, SET FORTH THE COMPLETE TERMS AND CONDITIONS UNDER WHICH YOU MAY ACCESS AND USE THE SITE AND THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SITE OR THE SERVICES.

1.             YOUR ACCEPTANCE. We are pleased to provide the Site and the Services conditioned upon your acceptance, and we hope that you will find the Site informative and useful. BY USING THE SITE, YOU EXPRESSLY ACCEPT AND CONSENT TO THESE TERMS WITHOUT QUALIFICATION. YARDI AND/OR COMPANY MAY AMEND THESE TERMS FROM TIME TO TIME. SHOULD THESE TERMS BE MODIFIED IN ANY WAY, THE NEW TERMS WILL BE POSTED TO THIS WEBPAGE. BY USING THE SITE AFTER THE EFFECTIVE DATE OF ANY MODIFICATION TO THESE TERMS, YOU EXPRESSLY CONSENT, WITHOUT QUALIFICATION, TO THE MODIFIED TERMS.

2.             YARDI IS NOT A PARTY TO ANY RENTAL TRANSACTIONS.

2.1          The Site serves as a platform for property managers and owners to provide the Services to renters and potential renters. Yardi does not own or manage the properties listed on the Site and does not enter into rental contracts for those properties. Although the Site may lead to certain business transactions expressly agreed to between Yardi and Users, Yardi is not a party to any transactions between Users and property managers other than providing the Site. AS A RESULT, YARDI SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR INFORMATION, THE CONTENTS OF ANY DOCUMENTS, OR FOR ANY OTHER INTERACTIONS BY, BETWEEN OR AMONG USERS, PROPERTY MANAGERS OR OWNERS THROUGH THE SITE.

2.2          You are responsible for how you use the Site, and Company encourages anyone who accesses the Site, including Users, to exercise sound judgment when entering into property rental transactions. IN THE EVENT THAT YOU HAVE A DISPUTE WITH A PROPERTY MANAGER OR OWNER, YOU RELEASE YARDI FROM ANY CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

3.             ACCESS TO AND USE OF THE SITE.

3.1          We provide you with certain information and functionality through the Site. You are solely responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet, and any telephone, wireless or other connection and service fees associated with such access.

3.2          We have the right, but not the obligation, to take any of the following actions without providing any prior notice to you: (a) change or terminate all or any part of the Site or the Services; (b) restrict or terminate your access to all or any part of the Site or the Services; or (c) refuse, move, or remove any content that is available on the Site and any material that you submit to the Site.

3.3          Subject to your compliance with these Terms, we hereby grant you permission to access and use the Site and the Services, provided that you shall not (and shall not allow any third party to): (a) engage in commercial use of the Site or any content on the Site; (b) reproduce, copy, display, store, perform, re-post, publish, transmit, distribute, sell, offer for sale, license, modify, create derivative works, or otherwise use any portion of the content offered on the Site for other than your own personal, non-commercial use; (c) remove any copyright, trademark or other proprietary rights notices contained in or on the Site or Service or in or on any content or other material obtained via the Site or the Services; (d) use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of the Site or the Services, including, but not limited to, for purposes of constructing or populating a searchable database of business or property reviews; (e) collect or harvest any information about other users or members (including usernames and/or email addresses) for any purpose; (f) reformat or frame any portion of the web pages that are part of the Site or the Services; (g) create user accounts by automated means or under false, misleading or fraudulent pretenses; (h) create or transmit unwanted electronic communications such as “spam” to other users or members of the Site or the Services or otherwise interfere with other users’ or members’ enjoyment of the Site or the Services; (i) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; (j) use the Site or the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, including any material that may be deemed threatening or obscene; (k) copy or modify the HTML code used to generate web pages on the Site; (l) use any device, software or procedure that interferes with the proper working of the Site or the Services, or otherwise attempt to interfere with the proper working of the Site or the Services; (m) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; (n) modify, adapt, translate, or reverse engineer any portion of the Site or the Services; or (o) use the Site or the Services, intentionally or unintentionally, to violate any applicable international, national, federal, state, provincial, or local law or regulation, including, but not limited to, Fair Housing laws and regulations.

4.             ADDITIONAL REQUIREMENTS.  Certain aspects of the Services may be subject to additional requirements, guidelines, other technical and non-technical specifications, or other rules or policies in addition to those set forth in these Terms (the “Additional Requirements”). In the event of a conflict between the Additional Requirements and these Terms, the Additional Requirements shall take precedence.

5.             MODIFICATIONS. Yardi and Company may modify or update these Terms from time to time, in their sole discretion, and reserve the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Site or any part thereof, or any or all of the Services, or any Site features, with or without notice and without liability to you. You agree that Yardi and Company have no responsibility or liability for the failure of the Site and the deletion of other content maintained or transmitted by the Site. You further agree that neither Yardi nor Company shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site. Modifications to these Terms will be posted on the relevant area of the Site and will be effective immediately upon posting. You can review the most current version of the Terms at any time by clicking on the “Terms of Service” link located on webpages throughout the Site. You agree to review the Terms from time to time to ensure you are updated as to any modifications. By continuing to use the Site or Services following any such modification, you accept and agree to be bound by such modifications. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE AND EXCLUSIVE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES.

6.             ACCOUNT REGISTRATION AND USE. In order to use certain features of the Site or the Services, you will have to register and create a password-protected account (“Your Account”) and/or submit property listings, lease agreements, rental terms, postings, messages, text, voice commands, images, photos, files, video, and other information, materials or documents (collectively, “Information and Material”).

6.1          Your Account. You agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. We reserve the right to delete Your Account and refuse any and all current or future use of the Site (or any portion thereof) without notice if you are found to have misrepresented your age, identity, or any other information submitted in connection with Your Account or if we have reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current. You are responsible for maintaining the confidentiality of your password, your email address and Your Account, and are fully responsible for all activities that occur under your password and Your Account. You agree to: (i) immediately notify us of any unauthorized use of your password or account, or any other breach of security, (ii) immediately change your password if you become aware that Your Account has been compromised, (iii) ensure that you fully exit from Your Account at the end of each session. You agree and acknowledge that you will not allow others to utilize Your Account and that you will not disclose your RENTCafé password to anyone. You will be solely responsible for safeguarding your password and also for any actions under your password and Account, whether authorized by you or not. If you lose control of your password, you may lose substantial control of your personal information and could potentially be subject to legally binding actions taken on your behalf. You further agree not to use anyone else’s password on the Site or attempt to gain access to the RENTCafé account of any other user. COMPANY CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

6.2          Privacy Policy and Your Information and Material. By submitting Information and Materials and in order for us to provide you with the Services, you hereby consent to our use and sharing of your Information and Materials as described in the applicable Privacy Policy, which is incorporated into these Terms by this reference. The Privacy Policy can be accessed by clicking on the “Privacy Policy” link located on webpages throughout the Site. In the event of a conflict between the applicable Privacy Policy and these Terms, the Privacy Policy shall take precedence. In addition, you hereby represent and warrant that your Information and Materials: (a) do not and will not, directly or indirectly, violate, infringe or breach any duty toward or rights of any person or entity, including without limitation any Fair Housing, copyright, trademark, service mark, trade secret, other intellectual property, publicity or privacy right; (b) are not fraudulent, misleading, hateful, tortious, defamatory, slanderous, libelous, abusive, violent, threatening, profane, vulgar or obscene; (c) do not harass others, promote bigotry, racism, hatred or harm against any individual or group, promote discrimination based on race, sex, religion, nationality, sexual orientation or age, or otherwise interfere with another party’s use of the Site or the Services; (d) do not promote illegal or harmful activities; and (e) are not illegal, unlawful or contrary to the international, national, federal, state, provincial, or local laws or regulations applicable to the User Materials where created, displayed or accessed.

6.3          Communications. Although we provide a platform through the Site and the Services through which third-parties may communicate, Company is not involved in those third-party communications and is not responsible or liable under any circumstances for the content of any third-party communications, or for any absence of communications by a third-party. The contents of such third-party communications are determined solely by the third-party responsible for the communications, and not Company. We are only responsible for the content of information issued directly by us. You acknowledge and agree that you will address any issues or concerns about third-party communications with the responsible third-party by contacting said third-party directly and not Company. Company shall not become involved in any matters pertaining to third-party communications except where the issue is solely attributable to a malfunction or error occurring on the Site or in connection with the Services.

6.4          Renter Screening. As part of the Services, Users may be permitted to submit information through the Site for the purpose of conducting a User background check or screening on behalf of a property manager or owner (a “Screening”). Information that you submit through the Site for the purpose of such Screening shall be treated in accordance with the Privacy Policy. Your submission of the information requested for a Screening shall constitute your consent to the Screening process. Screenings also may be governed by other Additional Requirements as may be disclosed to you in connection with the Screening. You acknowledge that you will address any issues or concerns with any Screenings, including the results of any Screenings, by contacting the appropriate property manager or owner, or as otherwise permitted under the Additional Requirements applicable to the Screening or as otherwise required by law. Yardi shall not become involved in Screening related issues except where the issue is solely attributable to a malfunction or error occurring on the Site or in connection with the Services or as otherwise specified in the Additional Requirements applicable to the Screening or as otherwise required by law.

6.5          Payments. Except as expressly provided below, any payments you submit through the Site including rental deposits, rental payments, or any other services or transactions, are for services provided by a property manager, owner or a party other than Yardi. The total payment amounts required for those transactions are determined solely by you and any other party with whom you are entering into an agreement, and not by Yardi. You acknowledge that you will address any discrepancies, issues or concerns with such payments by contacting the other party directly, rather than Yardi. Yardi shall not be involved in such issues except where the issue is solely attributable to a malfunction or error occurring on the Site or in connection with the Services. However, Users may take advantage of certain Services that have a charge associated with them such as screening services, lease execution fees, and the like, that is imposed by Yardi or other third-parties, which may or may not be a subsidiary or affiliate of Yardi. Yardi or such other company may collect these fees directly from Users as provided by the Site or the Services. You acknowledge these fees are subject to change.

Services-specific terms may set out further terms applying to such payments (including in relation to refunds (if any), billing arrangements and any consequences of failing to make timely payments). Application fees are non-refundable, even if an application is denied, except to the extent otherwise required by applicable law. You must comply with all such terms in relation to such payments by you.

By providing your card or bank information, you are representing that you are authorized to use this card or bank account for payments for rental deposits, rental payments, or any other services or transactions for services provided by a property manager, property owner or a party other than Yardi.  If you are making a one-time payment, your card or bank information will not be stored after completion of the transaction, but any other personal information provided in connection with the transaction will be stored.  If you are enrolling in recurring payments, you authorize Yardi to store your card or bank information to process your recurring payments. You are responsible for keeping your card or bank information up to date. If your card or bank information changes, you agree to promptly update your information. Yardi will continue to store your card or bank information until you delete your information or you cancel recurring payments.  For more information about how we store and use your card, bank or other personal information, please see our Privacy Policy.

6.6          Electronic Signatures.  If you choose to use the electronic signature execution functionality of RENTCafé, you understand, acknowledge and agree that you have carefully reviewed the disclosure relating to use of your electronic signature to execute documents and will not execute such documents with your electronic signature without providing your consent to use your electronic signature. You agree that you will rely on your own legal counsel to determine the sufficiency of the electronic signature execution of the documents and their enforceability and that Yardi makes no warranty or other representation with respect to the sufficiency of the electronic signature execution of the documents under applicable international, national, federal, state, provincial or local laws or regulations.

6.7          IDENTITY VERIFICATION SERVICES. You acknowledge that by using identity verification services, you give your express written consent to, if applicable: (i) send and receive text messages associated with the identity verification services, including text messages to and from third-parties (including but not limited to Mitek Systems, Inc. as the provider of document verification services); and (ii) have your “selfie” image used in the document and identity verification process. By providing a “selfie” image or an image of your identification documents, you agree that the images may be scanned and compared to your identification documents for authentication purposes and that you have read and understand our Privacy Policy and Mitek Systems, Inc’s Privacy Policy, available at: https://www.miteksystems.com/privacy-policy.

7.             YARDI AND COMPANY’S RIGHTS. You acknowledge that Yardi and Company have the right to investigate and prosecute violations of these Terms, including intellectual property, publicity and privacy rights infringement and Site security issues, to the fullest extent of the law. Yardi and/or Company may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Yardi and Company have no obligation to monitor your access to or use of the Site or the Services, but have the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

8.             SITE CONTENT GENERALLY. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Site. Company does not endorse or represent the reliability, accuracy or quality of any information, goods, services or products displayed or advertised on the Site. Company makes no representations or warranties, express or implied, with respect to the information provided on this Site.

9.             THIRD-PARTY LINKS, PRODUCTS AND SERVICES.

9.1          Third Party Websites and Services. The Site may contain links or voice accessibility to third-party websites or resources. Access to such third-party websites, services or resources are included solely for the convenience of Users, and do not constitute any endorsement or approval by Company of the third-parties, anyone sponsoring these sites or their products or services, or the products or services themselves. Company makes no representations or warranties, express or implied, with respect to the information provided on any third-party website or service which may be accessed from the Site, including any representations or warranties as to accuracy or completeness. Because Company has no control over third-party websites, resources, products or services, you acknowledge and agree that Company is not responsible or liable for, and does not endorse, the availability, accuracy, completeness or authenticity of information available through such websites, resources, products or services, your use or your exchange of any information with such websites or services, or the content, statements, representations, advertising, products, properties, services or other materials available on such third-party sites. You acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, or services available on or through any such site or resource. If you decide to access any such third-party websites, products, resources or services, or to transact with any such third-party for their products, properties or services, you do so entirely at your own risk. By leaving the Site, you may be subject to the terms and conditions and the privacy policies or other terms and conditions of such third-party websites. You acknowledge and understand that Company does not (a) provide legal, brokerage or other professional advice or services to any property managers, owners or others who list properties or otherwise use the Site or the Services, (b) participate in any negotiations with respect to leases or other transactions involving third-parties, or (c) guarantee, endorse or ensure a rental property or any lease or other transaction between a User and property manager, owner or any other person or entity.

9.2          Google® Maps. The Site utilizes Google Maps and related content licensed to Yardi by Google and its licensors. By using the Google Maps features available on the Site, you are agreeing to be bound by the applicable Google Terms of Service.

10.          OWNERSHIP. You acknowledge and agree that the Site and the Services use and contain intellectual property, and proprietary and confidential technology owned by or licensed to Yardi, and protected by applicable intellectual property and other laws and international treaties (collectively, “Yardi IP”).  You further acknowledge and agree that the Site and the Services use and contain intellectual property, including without limitation, information, data, text, music, sound, photographs, graphics, video, messages, tags, or other materials owned by or licensed to us, and protected by applicable intellectual property and other laws and international treaties (collectively, “Company IP”). All rights reserved. You agree not to reproduce, copy, display, store, perform, re-post, publish, transmit, distribute, sell, offer for sale, license, modify, create derivative works, or otherwise use or exploit for any commercial purposes any or all of the Yardi IP or Company IP, the Site or access to the Site in any way without the prior written permission of Yardi and Company. You must abide by all copyright notices, information, or restrictions contained in or attached to any Yardi IP and Company IP. All trademarks are the property of their respective owners.

11.          INDEMNITY. You agree to indemnify, defend and hold Company and their respective officers, directors, employees, shareholders, successors, agents, affiliates, subsidiaries and relevant third parties including advertisers, distribution partners, referral partners, service providers, licensors, licensees, consultants and contractors (collectively the “Indemnified Parties”) harmless from and against any claims, liabilities, losses, costs, damages or expenses including reasonable attorneys’ fees and costs, directly or indirectly, arising out of or in any way relating to: (a) your negligence or misconduct; (b) your information or material contributed to or submitted through the Site or the Services, including without limitation information associated with Your Account; (c) your conduct, including your use of the Site and the Services; (d) your connection to the Site; (e) any violation or breach of these Terms; (f) any violation or infringement of any intellectual property, privacy, publicity, confidentiality or proprietary rights of any third-party as a result of your use of the Site or Services; (g) your use of the electronic signature lease execution functionality of RENTCafé, including without limitation, the sufficiency of an electronic signature or the enforceability of an electronically signed lease; or (h) your use of RENTCafé Resident Services voice activated commands via third parties including but not limited to Amazon Alexa and Echo services (collectively, the “Claims”). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the Indemnified Parties. Company shall have the right, in its sole discretion, to select its own legal counsel to defend themselves from any Claims (but by doing so shall not excuse your indemnity obligations) and you shall be solely responsible for the payment of all of Company’s reasonable attorneys’ fees incurred in connection therewith. You shall notify Company immediately if you become aware of any actual or potential claims, suits, actions, allegations or charges that could affect yours or Company’s ability to fully perform their respective duties or to exercise its rights under these Terms. You shall not, without the prior written approval of Company, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for Company.

12.          DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE:

12.1        YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES AND ALL OTHER MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. WITH RESPECT TO THE SITE AND INFORMATION AND MATERIAL IN THE SITE, COMPANY EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE.

12.2        COMPANY MAKE NO REPRESENTATION OR WARRANTY: (A) REGARDING THE SECURITY, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS AND PERFORMANCE OF THE SITE OR THE SERVICES; (B) REGARDING THE SERVICES, ADVICE, INFORMATION OR LINKS OBTAINED THROUGH THE SITE; (C) THAT THE SITE OR THE SERVICES, OR ANY INFORMATION AND MATERIALS THEREIN, WILL MEET YOUR REQUIREMENTS; (D) THAT THE SITE OR THE SERVICES, OR ANY FUNCTIONS CONTAINED IN THE SITE, WILL BE ERROR-FREE, SECURE, TIMELY, OR UNINTERRUPTED; (E) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (F) THAT ANY ERRORS IN THE SITE OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED; OR (G) THAT THE SITE AND ITS CONTENTS AND SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.

12.3        ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

12.4        NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR FROM YOUR USE OF THE SITE OR SERVICES, SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

12.5        SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS OR WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13.          LIMITATION OF LIABILITY.

13.1        COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, SUCCESSORS, AGENTS, AFFILIATES, SUBSIDIARIES AND RELEVANT THIRD PARTIES INCLUDING ADVERTISERS, DISTRIBUTION PARTNERS, REFERRAL PARTNERS, SERVICE PROVIDERS, LICENSORS, LICENSEES, CONSULTANTS AND CONTRACTORS (COLLECTIVELY THE “PARTIES”) WILL NOT BE LIABLE FOR:

A.            ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA OR PROFITS, COST OF PROCURING SUBSTITUTE PRODUCTS OR BUSINESS INTERRUPTION), WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR ACCESS AND USE OF OR INABILITY TO ACCESS OR USE THE SITE AND/ OR ANY RENTCAFé SERVICE, ANY MATERIALS AVAILABLE TO YOU FROM OR THROUGH THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THE INDEMNIFIED PARTIES, OR ANY OF THEM, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;

B.            THE CONTENTS OF ANY COMMUNICATION, MESSAGE, OR INFORMATION POSTED BY YOU OR OTHER THIRD PARTIES;

C.            THE CONTENT, SERVICES OR INFORMATION PROVIDED BY ANY WEBSITE PURPORTING TO BE OPERATED BY COMPANY OR THEIR AFFILIATES, BUT NOT ACTUALLY AFFILIATED WITH, CONTROLLED, OWNED, OR OPERATED BY COMPANY;

D.            THE CONTENT OF ANY WEBSITE NOT CONTROLLED, OWNED, OR OPERATED BY COMPANY THAT IS ACCESSED FROM OR LINKED TO THIS SITE; AND/OR

E.            ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.

13.2        You acknowledge that the limitations set forth above are an essential basis of the bargain and of the allocation of risks between the parties. Some states or jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue use of the Site and Services.

14.          ENFORCEMENT.  Company does not assume responsibility to you or others for any failure by Company to enforce the provisions contained in the Terms.

15.          TERMINATION. You agree that we, in our sole discretion and with or without notice, may terminate your use of the Site or any part thereof, or any or all of the Services, for any reason, including without limitation, for lack of use by you or if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. We may also in our sole discretion and at any time discontinue providing the Site, or any part thereof, or any or all of the Services with or without notice. You agree that any termination of your access to the Site under any provision of the Terms may be effected without prior notice, and acknowledge and agree that Company may immediately bar any further access to the Site. Further, you agree that Company shall not be liable to you or any third party for any termination of your access to the Site or the Services.

16.          AUTHORITY. You hereby represent and warrant to Company that: (a) you have all the requisite power and authority, corporate or otherwise, to enter into the binding contract created by these Terms, conduct yourself and your business and to execute, deliver, and perform all of your obligations under this Agreement; (b) you have the right to submit and use your Information and Materials in the manner you have done so to or through the Site and/or through Your Account; (c) you have the right to grant the licenses granted under these Terms; (d) your performance under these Terms and/or the rights granted herein do not and will not conflict with or result in a breach or violation of any of the terms or provisions, or constitute a default under any contract or agreement, to which you are currently bound or will become bound in the future; and (e) your performance under these Terms will comply with all applicable laws, rules and regulations (including, without limitation, export control, privacy and obscenity laws), domestic or foreign.

17.          Reserved.

18.          INTERACTIVE AREAS.

18.1        Use of Interactive Areas. On the Site and/or as part of the Services, we may provide areas that allow for User interaction, including bulletin boards, chat areas, forums, blogs, instant messaging, frequently asked questions, or other message and communications features (the “Interactive Areas”) for posting user feedback, comments, messages or other input (“Comments”). You acknowledge that all Interactive Areas are public and not private and that any information or content, including Information and Material, that you post to an Interactive Area may be read by others and that Company has no obligation to protect such information. Company recommends that you do not post or otherwise disseminate any personally identifiable information in the Interactive Area. Additionally, you agree to post only Comments that are proper, lawful, and related to the particular discussion or the Interactive Area itself. Without limitation, you may not post Comments or engage in any other activity on the Site that:

A.            defames, threatens, abuses or otherwise violates the legal rights of others;

B.            is harmful to children, profane, obscene, indecent or racially or ethnically offensive;

C.            infringes another’s rights to intellectual property, publicity, or privacy; 

D.            collects or stores personal information about other Site users; 

E.            contains advertisements, promotions, commercial solicitations, contests or surveys (unless you have our written consent to do so);

F.             contains, transmits or disseminates spam, chain letters, or information intended to assist in the placement of a bet or wager;

G.            contains, transmits or disseminates viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another’s computer, the Site, or any software, hardware or other related equipment;

H.            disrupts or otherwise interferes with the Site or the networks or servers used by Company;

I.              impersonates any person or entity or misrepresent your connection or affiliation with a person or entity; or

J.             constitutes illegal activity.

18.2        Submissions to Interactive Areas. You understand and acknowledge that, subject and pursuant to the licenses set forth hereunder, we may display your Comments on the Site and use them for other marketing and business activities. In addition, we reserve the right in our sole discretion to reject use of Comments, delete Comments from the Site for any reason, and edit Comments for both content and format. We further reserve the right to terminate your access to the Site or to any Interactive Area at any time without notice for any reason whatsoever. Company does not endorse or control the Comments or information found in any Interactive Area and, therefore, Company specifically disclaims any liability with regard to the Interactive Areas and any actions resulting from your participation in them.

19.          GENERAL.

19.1        Governing Law. For all legal proceedings arising out of use of the Site and/or relating to the Terms, these Terms and the relationship between you and Company shall, irrespective of any choice of laws rules, be governed by and construed in accordance with the laws of the State in which the property is located. You and Company hereby irrevocably and unconditionally submit to the jurisdiction of courts located in the County in which the property is located or the court of competent jurisdiction closest thereto if no court of competent jurisdiction resides therein, and the parties consent to the personal jurisdiction of such courts and expressly waive any right they may otherwise have to cause any such action or proceeding to be brought or tried elsewhere. You and Company irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.

19.2        Assignment. You may not assign or transfer this Agreement, in whole or in part, without the prior written consent of Company, which may be granted or withheld by Company in its their sole discretion. Any attempted assignment in violation of this Section will be null and void and of no force or effect. Company may assign this Agreement freely at any time without notice. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party’s permitted successors and assigns.

19.3        Waiver. The failure to exercise or enforce any right or provision shall not affect Company’s right to exercise or enforce such right or provision at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

19.4        Severability. If any portion of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and, notwithstanding such finding, the remaining provisions of these Terms shall remain in full force and effect.

19.5        Entire Agreement. These Terms, the terms incorporated herein, and any other terms agreed to in writing by the parties or by way of your use of the Site or the Services shall constitute the entire and exclusive understanding and agreement between you and Company regarding this subject matter, and shall supersede any and all prior or contemporaneous representations or understandings relating to this subject matter.

19.6        Time Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms or use of the Site must be filed within 1 year after such claim or cause of action arose or be forever barred.

Updated August 20, 2020