RENTCafé TERMS OF SERVICE
Welcome to RENTCafé! These Terms of Service (these “Terms” or the “Agreement”) apply to persons or entities who access the RENTCafé websites, or related downloadable 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”). For the avoidance of doubt, the “Site” shall include all information, data, text, software, photographs, images, graphics, organization, layout, design, and other content contained on the website. If you are a property owner or manager who lists or advertises properties or otherwise uses services available on the Site to communicate or transact with Users (a “property manager” or “owner”), your use of the Site is governed by the RENTCafé Agreement for Property Owners and Managers.
RENTCafé is a technology platform that facilitates the development and delivery of innovative renter-related services, including advertising rental properties to prospective tenants, assisting prospective renters in their search for a new place to live, and managing and facilitating various activities and transactions between Users and property managers or owners related to rental properties (the “Services”). RENTCafé allows prospective and current residents of properties that use the Site to take advantage of a range of services designed to make their relationship with their property manager or owner as pleasant as possible.
The Site is owned and operated by Yardi Systems, Inc. (collectively, with its subsidiaries and affiliates, “Yardi”, “we”, “us” or “our”). Since 1982, Yardi has been dedicated to the design, development, and support of property management software. Throughout these Terms, all references to the Site and to “RENTCafé” shall include the websites of affiliates and subsidiaries of Yardi that are involved with the operation of the Site or the provision of the Services.
IMPORTANT – PLEASE READ CAREFULLY. THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND YARDI. 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 YARDI 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. Yardi is 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 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. 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 Yardi 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 Yardi provides 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 Yardi has 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, Yardi hereby grants 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) access or use any portion of the Site if you are a direct or indirect competitor of Yardi, including without limitation companies involved in data research, internet listing services, dissemination of information, or property management software; (c) provide, disclose, or transmit any content from the Site to any direct or indirect competitor of Yardi; (d) use or distribute any information from the Site, including information that you or anyone else has verified, to directly or indirectly create or contribute to the development of any database or product; (e) 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, store, copy or export any portion of the Site into any database or other software; (f) 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; (g) 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 software that includes property information; (h) collect or harvest any information about other users or members (including usernames and/or email addresses) for any purpose; (i) reformat or frame any portion of the web pages that are part of the Site or the Services; (j) create user accounts by automated means or under false, misleading or fraudulent pretenses; (k) 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; (l) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; (m) 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; (n) copy or modify the HTML code used to generate web pages on the Site; (o) 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; (p) take any action that imposes, or may impose in Yardi’s sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; (q) modify, adapt, translate, or reverse engineer any portion of the Site or the Services; or (r) 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.CONTENT AND SERVICES NOT PROVIDED.
4.1 Yardi has no responsibility or duty to review, approve or pre-screen any content posted on the Site by any third party (including property managers and owners), and Yardi is not responsible for such content. You understand that all property listings, lease agreements, rental terms, postings, messages, text, voice commands, images, photos, files, video, and other information, materials or documents posted on the Site or transmitted through or in connection with the Services by property managers, owners, Users, advertisers, or others (the “Non-Yardi Content”) are the sole responsibility of the property managers, owners, Users, advertisers, or others from whom such Non-Yardi Content originated. YARDI DISCLAIMS ANY AND ALL LIABILITY RELATING TO THE USER CONTENT. YARDI DOES NOT GUARANTEE, AND YOU SHALL NOT HOLD YARDI RESPONSIBLE FOR, THE NON-YARDI CONTENT (INCLUDING THE ACCURACY OR TRUTH OF SUCH NON-YARDI CONTENT), OR THE NATURE, SAFETY, QUALITY, CONDITION, MANAGEMENT OF ANY RENTAL UNITS OR PROPERTIES ON THE SITE OR THE COMPLIANCE WITH ANY LAWS, REGULATIONS OR RULES THAT MAY BE APPLICABLE TO SUCH PROPERTIES. YOU AGREE THAT YOU BEAR SOLE RESPONSIBILITY FOR EVALUATING, AND ARE SOLELY RESPONSIBLE FOR ALL RISKS ASSOCIATED WITH, THE USE OF ANY NON-YARDI CONTENT, AND THAT UNDER NO CIRCUMSTANCES WILL YARDI BE LIABLE FOR ANY NON-YARDI CONTENT OR FOR ANY DAMAGE OR LOSS OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY NON-YARDI CONTENT.
4.2 Yardi reserves the right, but does not have any obligation, in its sole discretion, to delete or refuse to post any Non-Yardi Content that violates the letter or spirit of any applicable agreements between Yardi and the property managers, owners, Users, advertisers, or others posting or seeking to post any content, or for any other reason.
4.3 You acknowledge and agree that Yardi provides only the Services as described in these Terms or as otherwise expressly provided on the Site by Yardi; Yardi does not provide, and bears no responsibility or liability for, any other content or services, including but not limited to the following:
(a) Lease transactions, including without limitation, negotiations, offers, agreements, establishing rents or fees, or any related communications (although the Services do facilitate these transactions between Property Managers and Renters);
(b) Legal, brokerage or other related professional services or advice;
(c) Inspection, screening or pre-approval of rental properties;
(d) Verification, screening or pre-approval of property listings; or
(e) Evaluation, screening or pre-approval of Property Managers or other advertisers who post listings or other content on the Site.
In the event that you desire, require, or need assistance with any such services or any other services not provided through the Site, you are solely responsible for obtaining them from a qualified third party.
5.1 Certain aspects of the Services may be subject to additional requirements, guidelines, other technical and non-technical specifications, or other rules or policies of Yardi in addition to those set forth in these Terms (the “Yardi Requirements”). All such Yardi Requirements will be posted in appropriate locations on the Site and by this reference are incorporated into these Terms. In the event of a conflict between the Yardi Requirements and these Terms, the Yardi Requirements shall take precedence.
5.2 In some cases, property managers and owners may impose their own additional requirements on Users in connection with rent-related transactions and activities facilitated through the Site. Any such requirements are imposed solely by the property managers or owners; are the sole and exclusive responsibility of the property managers or owners imposing them; are wholly unrelated to any Yardi Requirements; and Yardi shall have no responsibility of any kind for such requirements imposed by property managers or owners.
6.MODIFICATIONS. Yardi may modify or update these Terms from time to time, in its sole discretion, and reserves 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 has 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 Yardi shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. Modifications to these Terms, including but not limited to any Yardi Requirements, 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.
7.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”).
7.1 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. Yardi reserves 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 Yardi has 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 Yardi 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. YARDI CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
7.3 Communications. Although Yardi provides a platform through the Site and the Services through which Users may communicate with various other users, property managers, owners, advertisers, or other persons or entities (collectively, a “third-party”) (the “communications”), Yardi 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 Yardi. Yardi is only responsible for the content of information issued directly by Yardi. 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 Yardi. Yardi 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.
7.5 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-party, 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.
7.6 Rental Agreements. Any rental agreements that you enter into through the Site (including but not limited to those agreements for which you electronically sign a lease or rental agreement) are for services provided by a property manager, owner or another party other than Yardi. Although Yardi provides the Site as a platform for the Services through which Users may execute rental or lease agreements and enter into binding contracts with third parties, Yardi is not involved in, is not liable for, and is not a party to those transactions. The terms of those transactions are determined solely by you and the third-party with whom you are entering into said contract, and not by Yardi. You acknowledge that you will address any issues or concerns with such agreements with said third-parties directly, rather than Yardi. Yardi shall not be involved in any issues relating to such agreements except where the issue is solely attributable to a malfunction or error occurring on the Site or in connection with the Services. 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.
8.YARDI’S RIGHTS. You acknowledge that Yardi has 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 may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Yardi has no obligation to monitor your access to or use of the Site or the Services, but has 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.
9.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. Yardi does not endorse or represent the reliability, accuracy or quality of any information, goods, services or products displayed or advertised on the Site. We make no representations or warranties, express or implied, with respect to the information provided on this Site.
10.THIRD-PARTY LINKS, PRODUCTS AND SERVICES.