Last updated: December 7, 2023
1. Scope of Terms
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND RENTGRATA.
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements between Rentgrata and you. Rentgrata may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH RENTGRATA ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THESE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Rentgrata may amend these Terms from time to time. Amendments will be effective upon Rentgrata’s posting of such updated Terms at this location. Your continued access or use of the Services after such posting confirms your consent to be bound by these Terms, as amended. If Rentgrata changes these Terms after the date you first agreed to these Terms (or to any subsequent changes to these Terms), and you reject any such changes, your sole recourse is to immediately discontinue use of the Service.
2. Arbitration Agreement
By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against Rentgrata on an individual basis in arbitration, as set forth in this Section 2 (such section being referred to in this Agreement as the “Arbitration Agreement”). This will preclude you from bringing any class, collective, or representative action against Rentgrata, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Rentgrata by someone else.
Agreement to Binding Arbitration Between You and Rentgrata.
You and Rentgrata agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to these Terms, will be settled by binding arbitration between you and Rentgrata, and not in a court of law.
You acknowledge and agree that you and Rentgrata are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Rentgrata otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Rentgrata each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Florida.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Florida and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
Location and Procedure.
Unless you and Rentgrata otherwise agree, the arbitration will be conducted in Miami, Florida. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Rentgrata submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. Any award must be consistent with the “Limitation of Liability” section below. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, only to the extent provided under applicable law.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Notwithstanding the provisions in Section 1 above, regarding consent to be bound by amendments to these Terms, if Rentgrata changes this Arbitration Agreement after the date you first agreed to these Terms (or to any subsequent changes to these Terms), you may reject any such change by providing Rentgrata written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Last updated” date above. This written notice must be provided by email from the email address associated with your Account to: firstname.lastname@example.org. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Rentgrata in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to these Terms (or to any subsequent changes to these Terms).
Severability and Survival.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
3. The Services
The “Services” comprise mobile applications and related services, that enable the efficient exchange of information among and between Renters and Property Managers for those properties. Unless otherwise agreed by Rentgrata in a separate written agreement with you (for example, if you are a Property Manager that has entered into an agreement with Rentgrata), the Services are made available solely for your personal, noncommercial use.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES DOES NOT ESTABLISH RENTGRATA AS A PARTY PROVIDING RENTING OR SALE OF DWELLINGS, AS SUCH TERMS ARE DEFINED UNDER THE FAIR HOUSING ACT(United States), CODIFIED AT 42 U.S.C. 3601-3619 AND RELATED SECTIONS, AND AS AMENDED.
RENTGRATA DOES NOT, AND THE SERVICES ARE NOT INTENDED TO, PROVIDE FINANCIAL OR REAL ESTATE ADVICE. RENTGRATA IS NOT A FINANCIAL OR REAL ESTATE BROKER OR LENDER. BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT RENTGRATA’S ROLE IS LIMITED AS SET FORTH IN THIS SECTION. Rentgrata is primarily an online advertising and information service that connects prospective Renters with their peers who are current residents of an apartment community in which the prospective Renter is interested. Rentgrata does not: (a) act as a real estate agent for you or any other User; (b) represent you or another User in the purchase, sale, or exchange of real property, including any negotiation thereof; or (c) lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property. Rentgrata assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that you or any other person takes based on the Services or any other information available through or in connection with the Services.
The views and opinions expressed by Renters are those only of those individuals and do not reflect the views, opinions, or position of the corresponding Property Manager or Rentgrata.
Further, Rentgrata does not (a) guarantee or ensure any apartment or any transaction between a Renter and Property Manager, (b) collect or process payment or execute any lease or sublease documentation on behalf of Renters and Property Managers, or (c) broker, lease, or sublease or offer to broker, lease or sublease, or own any apartments. You are strongly encouraged to personally inspect any apartment advertised for rent prior to: signing any lease documentation; providing personal information such as a social security number on a lease application; or wiring or otherwise sending money for any deposit, rent payment or application fee. By using the Services, you acknowledge that published rents and availabilities are subject to change at the sole discretion of the property owner or manager at any time and without further notice.
Rentgrata does not guarantee or ensure that the information or User Content, further described in Section 4 below, provided by a user of Rentgrata to any other user of the platform is accurate.
Rewards and Incentives.
Property Managers may, in connection with Renters’ use of the services, offer certain financial incentives, including referral "awards" or similarly referred-to payments. The Property Manager is responsible for setting and communicating to Renters any and all applicable Rewards amounts. Property Managers may elect to use Rentgrata’s RG Pay solution to facilitate automatic payment of Rewards directly to eligible Renters. If using RG Pay, the Renter must provide their payment or financial account information to Rentgrata’s third-party payment processor (e.g., Stripe or other payment processor, which we may change from time to time) in order to receive Rewards. For clarity, Rentgrata does not access or store any Renter payment or financial account information – all such information is provided to and processed by the third-party payment processor only. The processing of payments may be subject to the terms, conditions, and privacy policies of the third-party payment processor in addition to these Terms.
If the Property Manager elects to use RG Pay, Rentgrata will use good faith efforts through its Services and related platform integrations to verify whether a Renter is eligible to receive Rewards, but may, from time to time, request the Property Manager to verify or provide additional information regarding a Renter’s residency status at a rental property and/or eligibility for a Rewards amount. If the Property Manager fails to respond to any verification request from Rentgrata, Rentgrata may, in its sole discretion and without liability of any kind, withhold or refuse to remit any Rewards Amount pending verification from the Property Manager, suspend or terminate the Property Manager’s use of RG Pay, and/or exercise any other rights or remedies available to Rentgrata under these Terms or at law or in equity. If Rentgrata verifies or is otherwise notified by the Property Manager that a Renter is eligible for Rewards, Rentgrata will charge the Property Manager’s Account (as defined below) for payment of the applicable Rewards amount, to be paid by the Property Manager by credit card, ACH, or other payment method acceptable to Rentgrata. Once Rentgrata receives payment of the Rewards amount, Rentgrata will remit such amount directly to the Renter.
FOR THE AVOIDANCE OF DOUBT, AND NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE PROPERTY MANAGER IS AND WILL REMAIN SOLELY RESPONSIBLE FOR VERIFYING ALL RENTERS, INCLUDING THEIR RESIDENCY STATUS AND ELIGIBILITY FOR ANY AND ALL REWARDS. RENTGRATA SHALL NOT HAVE ANY RESPONSIBILITY TO ANY USER OR OTHER THIRD PARTY FOR ANY FAILURE OR DELAY IN REMITTING REWARDS AMOUNTS TO ANY RENTER TO THE EXTENT ARISING FROM ANY FAILURE OR DELAY BY THE PROPERTY MANAGER IN PAYING SUCH AMOUNTS TO RENTGRATA. IN ADDITION, RENTGRATA SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY REWARD AMOUNTS REMITTED (OR NOT REMITTED) IN THE EVENT OF ANY FRAUD, FRAUDULENT MISREPRESENTATION, OR OTHER MISCONDUCT OF ANY USER OR ANY OTHER THIRD PARTY.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT RENTGRATA IS NOT OTHERWISE RESPONSIBLE FOR PAYMENT OF ANY REWARD AMOUNTS, AND THAT THE FULL RESPONSIBILITY FOR SUCH PAYMENTS LIES WITH THE PROPERTY MANAGER.
Subject to your compliance with these Terms, Rentgrata grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Services on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case, except as provided in these Terms, solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Rentgrata and Rentgrata’s licensors.
Intellectual Property Trademarks.
The trademarks, trade names, trade dress, logos, and service marks (collectively, the "Trademarks") displayed on the Services are the registered and/or unregistered Trademarks of Rentgrata, or such other third party that may own the displayed Trademarks. Nothing contained on the Services or in these Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Service without the written permission of Rentgrata or such other third party that may own the displayed Trademarks.
Site Contents and Copyright.
The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on the Services (“Content”) are all subject to patent, copyright, trademark and other intellectual property protection. Content may not be copied for commercial use or redistribution, nor may Content be modified, processed, or reposted. Access to and uses of the Services are solely for your purchase of Rentgrata products for personal use, information, education and communication with Rentgrata.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Rentgrata; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
You may not rely on any information and opinions expressed on the Services for any other purpose than permitted by these Terms. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Services Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Services Content.
You are prohibited from using the Services or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to promote disinformation, harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of other websites, or the Internet. We reserve the right to terminate your account or otherwise deny you access to the Services in our sole discretion for any or no reason without notice and without liability.
Third Party Services and Content.
The Services and all rights therein are and shall remain Rentgrata’s property or the property of Rentgrata’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Rentgrata’s company names, logos, product and service names, trademarks or services marks or those of Rentgrata’s licensors.
Terms Applicable to Property Managers
The provisions in this section are particular to Property Managers’ receipt of the Services, including the rights and obligations regarding payment of incentives to Renters. Accordingly, the term “you” in this section refers to Property Managers.
If you have entered into an arrangement with Rentgrata concerning the Services by means of a listing service agreement form or any other means (“Agreement Form”), you agree to pay all fees or charges to your Account (defined below) in accordance with this section.
Unless payment is made by credit card or ACH, you agree to pay all fees specified in the Agreement Form (the “Fees”) within 30 days of date of invoice, all of which are priced in U.S. dollars and shall be paid in U.S. dollars. If payment is made by credit card or ACH, you expressly authorize Rentgrata to automatically charge the applicable charge, or debit your account on a monthly basis and you agree that any fee increase made in accordance with this section may also be charged/debited in the same manner. You shall be responsible for any third party fees such as bank charges. All payments received after the applicable due date will incur a late payment charge from such due date until paid at a rate equal to the lesser of 1.0% per month or the maximum rate permitted under applicable law. You agree to pay all of Rentgrata’s costs, including attorneys’ fees, court costs or other costs, incurred in collecting overdue amounts. The Fees do not include sales, use, excise or any other taxes or fees now or hereafter imposed by any governmental authority with respect to the Services.
Rentgrata may: (a) on each anniversary of the last day of the calendar month in which the you first used the Services, increase the Fees by a percentage equal to the percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U) for the previous twelve months; and (b) at any time during a Renewal Term under the Agreement Form, increase the Fees or charge other fees for any portion of the Services, provided, that if you do not agree to the increase or charge, then you may give Rentgrata written notice of termination within sixty (60) days of Rentgrata’s notice of such increase or charge, in which case you shall continue to pay the Fees in place before the proposed increase or charge until the last day of the calendar month in which your notice of termination is delivered, and the Agreement Form shall terminate with respect to such portion of the Services on such date. Your listings may continue to display for a short period after the elected property monthly budget is reached. As a result, you agree to pay and will be charged at the rate of the Fees up to 20% in excess of the applicable budget set forth in the Agreement Form. Unless you change or remove your payment method, Rentgrata may store and update (e.g. upon expiration) your payment method for use with subsequent campaigns, orders and purchases submitted through your Account.
Rentgrata will have the right to approve your creditworthiness prior to providing the Services. You hereby authorize Rentgrata to obtain credit reports to determine such creditworthiness, and you agree to provide all information that Rentgrata reasonably requires for use in connection with such inquiries.
The term for each Agreement Form shall begin on the date of signature by Rentgrata, shall continue for the initial term specified on the Agreement Form (the “Initial Term”). The term of the Agreement Form shall continue for successive periods equal to the Initial Term (each such successive period being a “Renewal Term”) commencing on the last day of the Initial Term or the Renewal Term, unless at least 60 days prior to the last day of the Initial Term or the Renewal Term, either party has provided the other written notice of an intent not to renew. You acknowledge that you are responsible for payment of the Fees for the entire Renewal Term unless the Agreement Form is cancelled in accordance with the notice provisions of this Section. Rentgrata reserves the right, in its reasonable discretion, to reject or discontinue any Services (e.g., advertisements) at any time. Rentgrata reserves the right to refuse to provide any advertisements to anyone for competitive and/or other business reasons including non-payment and you agree to pay for all Services rendered, prorated if partially completed. If you cancel any portion of the Services prior to the end of the Initial Term or any Renewal Term, then you shall pay Rentgrata a cancellation fee equal to the amount that would be due in the remainder of the Initial Term or applicable Renewal Term. Either party may immediately terminate an Agreement Form in the event the other party commits a material breach of the Agreement Form and such breach is not cured by the breaching party within 30 days of its receipt of notice of such breach from the non-defaulting party. To be effective, terminations under this Section must be emailed to email@example.com. Rentgrata and you may agree to revoke any termination, in which case, the Agreement Form will remain in effect.
Subject to applicable law, you acknowledge and agree that Rentgrata may send marketing emails, text messages, and/or similar communications to your Renters residing at your rental property and for whom you have provided or otherwise made available to us their relevant contact information, in order to market and promote the Services. You are responsible for notifying such Renters that they may receive such marketing emails, text messages, and/or similar communications from us and for ensuring that you have any and all necessary rights, permissions, authorizations, and consents to provide or otherwise make available to us any such contact information for the purposes described in this Agreement. If you receive any notice or complaint from any Resident or other User in relation to Rentgrata’s marketing emails, text messages, and/or other communications, you agree to promptly notify Rentgrata of such notice or complaint and provide reasonable cooperation and assistance in amicably resolving the same.
4. Access and Use of the Services
In order to use most aspects of the Services, you must register for and maintain an active Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account (either for yourself or on behalf a Property Manager. Account registration requires you to submit to Rentgrata certain information, some of which may be personal information, such as your name, address, email address, mobile phone number, and lease start date. Property Managers will be required to provide available rental information as well as at least one valid payment method supported by Rentgrata. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including, as applicable, having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Rentgrata in writing, you may only possess one Account.
User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You may not authorize other persons to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no use of the service to violate housing laws or any other applicable laws).
Text Messaging and Telephone Calls.
You agree that Rentgrata may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an Account, including for marketing purposes. Rentgrata or our Users may contact you regarding the Services, for issues with your Account, with updates or news concerning Rentgrata generally, or otherwise as may be deemed reasonably necessary. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from Rentgrata at any time by contacting firstname.lastname@example.org. If you do not choose to opt out, Rentgrata may contact you as outlined in its User Privacy Statement, located at www.rentgrata.com/privacy. However, if you opt out of receiving text messages, you will not be able to use all of the features and functions of Rentgrata or the Services. If you choose to opt out, Rentgrata may still contact you as necessary for the provision of the Services and as further outlined in the User Privacy Statement.
User Provided Content.
Rentgrata may permit you from time to time to submit, upload, publish or otherwise make available to Rentgrata through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services or rental properties, content of messages and conversations, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Rentgrata, you grant Rentgrata a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense (including to Rentgrata’s Property Manager customers), to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Rentgrata’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Rentgrata the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Rentgrata’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Rentgrata in its sole discretion, whether or not such material may be protected by law. Rentgrata may, but shall not be obligated to, review, monitor, or remove User Content, at Rentgrata’s sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. Rentgrata does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
5. Disclaimers; Limitation of Liability; Indemnity.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” RENTGRATA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, RENTGRATA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY RENTAL PROPERTY OR INFORMATION ABOUT SUCH RENTAL PROPERTY MADE AVAILABLE THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. RENTGRATA DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF ANY RENTAL PROPERTY. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICE REQUESTED IN CONNECTION THEREWITH, OR WITH THE RENTAL OR ATTEMPT TO RENT ANY PROPERTY REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, RENTGRATA SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF RENTGRATA, EVEN IF RENTGRATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, RENTGRATA SHALL NOT BE LIABLE FOR ANY CLAIM ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY (E.G., ANOTHER RENTER OR A PROPERTY MANAGER), OR (iii) ANY INFORMATION PROVIDED BY ANOTHER USER (INCLUDING PROPERTY MANAGERS), OR ANY OTHER THIRD PARTY, EVEN IF RENTGRATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RENTGRATA SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND RENTGRATA’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT PROPERTY MANAGERS MAY OFFER RENTALS NOT IN COMPLIANCE WITH APPLICABLE LAW, AND THAT RENTGRATA SHALL HAVE NO OBLIGATION TO ENSURE OR MONITOR SUCH COMPLIANCE. FOR PURPOSES OF CLARITY, YOU HEREBY RELEASE RENTGRATA, ALL OTHER USERS (INCLUDING PROPERTY MANAGERS), FROM ALL CLAIMS ARISING FROM OR RELATING TO ANY INFORMATION PROVIDED BY ANOTHER USER (INCLUDING PROPERTY MANAGERS) OR ANY OTHER THIRD PARTY.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, RENTGRATA’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON RENTGRATA’S CHOICE OF LAW PROVISION SET FORTH BELOW.
You agree to indemnify and hold Rentgrata and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or; (ii) your breach or violation of any of these Terms; (iii) Rentgrata’s use of your User Content; or (iv) your violation of the rights of any third party, including any other User or any Property Manager.
Rentgrata is not responsible for and will not be liable for any tax payments, withholding or reporting in connection with any User’s use of Rentgrata or the Services. Property Managers or Users distributing any form of payment to any User may report taxable income to federal, state or local jurisdictions.
6. General Provisions
Choice of Law.
These Terms are governed by and construed in accordance with the laws of the State of Florida, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-Florida residents to assert claims under Florida law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in Section 2 of these Terms, are only intended to specify the use of Florida law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending Florida law to you if you do not otherwise reside in Florida. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in Section 2 or to any arbitrable disputes as defined therein. Instead, as described in Section 2, the Federal Arbitration Act shall apply to any such disputes.
Claims of Copyright Infringement.
Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Site. Our copyright agent is Rentgrata’s Legal Counsel, Neal, Gerber & Eisenberg LLP. The agent can be reached at (312)-269-8461, email@example.com, or via U.S. Mail at Rentgrata, 382 NE 191st Street, PMB 33934, Miami, FL 33179, Attention: Copyright Enforcement.
To be effective, your infringement notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;
5. The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and
6. The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
1. Rentgrata will remove or disable access to the content that is alleged to be infringing;
2. Rentgrata will forward the written notification to the alleged infringer; and
3. Rentgrata will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.
DMCA Infringement Counter Notification.
Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from Rentgrata, the alleged infringer will have the opportunity to respond to Rentgrata with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to Rentgrata designated copyright agent, and must include the following:
1. A physical or electronic signature of the subscriber;
2. 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 disabled;
3. The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and
4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the subscriber address is located, or if the subscriber’s address is outside of the United States, or any judicial district in which Rentgrata may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network.
When you open emails from us or engage in push notifications, SMS or MMS communications, we may log and store such information. We may also keep records of various communications regarding the types of products and services that you indicate are of interest to you via your response to email and text messaging. You will always have the option to opt out of such communications by clicking an “unsubscribe” link to replying “STOP” to our text messages.
Rentgrata may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to Rentgrata, with such notice deemed given when received by Rentgrata, at any time by email to: firstname.lastname@example.org.
You may not assign these Terms without Rentgrata’s prior written approval. Rentgrata may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Rentgrata’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Rentgrata or any Third Party Provider as a result of these Terms or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Rentgrata’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Rentgrata in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.