Terms and Conditions
THIS AGREEMENT INCLUDES A DISPUTE RESOLUTION
CLAUSE UNDER WHICH CERTAIN CLAIMS WILL BE
RESOLVED BY ARBITRATION OUT OF COURT WITHOUT A
JURY. PLEASE READ THE AGREEMENT CAREFULLY.
1. Acceptance of the Terms and Conditions
Rentstarz LLC. (“Rentstarz LLC”, “we” or “us”) operates this website
and any related smartphone or mobile application (collectively, the
“Website” or the “Site”) and the Rentstarz LLC online real estate
marketplace, including the “Rentstarz LLC,” “Rentstarz LLC ” “Rent
Payments” and “Pay Rent” services, offered through the Website (the
“Services”). These terms and conditions are entered into by and between
you and Rentstarz LLC. The following terms and conditions, together
with any documents they expressly incorporate by reference
(collectively, the “Agreement”), govern your access to and use of the
Website and the Services, whether as a guest or a registered user.
Please read this Agreement carefully before you start to use the Website.
By using the Website or the Services, or by clicking to accept or agree to
this Agreement when this option is made available to you, you agree to
comply with and be bound by this Agreement, our Privacy Policy, found
at https://www.rentstarz.com/privacy-policy, incorporated herein by
reference (the "Privacy Policy"), and such other policies and procedures
as may be incorporated herein under Section 8 of this Agreement. If the
individual clicking to accept or agree to this Agreement is doing so on
behalf of an entity and registers such entity with this Website, then you(the individual) represent and warrant that you have authority to bind
such entity and enter into this Agreement on its behalf, and all further
references to "you" shall be to such entity. If you do not agree to this
Agreement or the Privacy Policy, you must not access or use the Website
or the Services.
The Website and the Services are offered and available to users who are
18 years of age or older. By using the Website or the Services, you, the
user, represent and warrant that you are of legal age to form a binding
contract with Rentstarz LLC and meet all of the eligibility requirements
set forth herein. If you do not meet these requirements, you must not
access or use the Website or the Services. Each of Rentstarz LLC's
service clients may be subject to one or more separate written
agreements with Rentstarz LLC or with each other (each, a "Service
Agreement"). This Agreement applies only to use of the Website and the
Services and in no way affects the terms and conditions of any Service
Agreement.
2. Changes to the Terms and Conditions
This version of this Agreement became effective on March 10, 2023 and
amends, restates and replaces any version effective prior to such date.
We reserve the right, in our sole discretion, to modify this Agreement, in
whole or in part, at any time, with respect to your use of the Website and
Services following amendment. Notification of any amendment will be
posted on the Website and will be effective immediately. You are under
an obligation to review the current version of this Agreement and other
Rentstarz LLC policies each time before using the Website or theServices. All amendments are effective immediately when we post them,
and apply to all access to and use of the Website and the Services
thereafter. Your use of the Website or the Services following any
amendment of this Agreement will signify your assent to and acceptance
of its revised terms.
3. Subscription Information; Payment for Certain Services
To subscribe for certain Services and obtain access to password-
protected areas of the Website, you must establish a Rentstarz LLC
account by providing us with current, complete and accurate information
as prompted by the online enrollment form and by selecting a password,
the confidentiality of which shall be your responsibility. You may not use
anyone else’s Rentstarz LLC account in connection with your use of the
Services, or permit anyone else to use the Services or to access
password-protected areas of the Website using your Rentstarz LLC
account. You agree to notify Rentstarz LLC immediately of any actual or
suspected unauthorized use of your Rentstarz LLC account, or any other
breach of security. Certain Services may be subject to fees charged by
Rentstarz LLC ("Fees") which will be identified at the point of purchase
of such Services. Additional functionality and services may be offered or
provided by us from time to time and these will be described on the
Website. Services requiring Fees which have not been previously agreed
upon will be notified to you, and your agreement to be responsible for
any such additional Fees will be required, before any such additional
Fees will be applied. We will charge your credit card for applicable
authorized Fees and you understand that, once charged, such Fees are
non-refundable. If Rentstarz LLC does not receive payment from theissuer of the credit card associated with your Rentstarz LLC account,
you agree to pay all amounts due upon demand directly to Rentstarz
LLC, and Rentstarz LLC further reserves the right to either suspend or
terminate your Rentstarz LLC account and your access to the Services in
such circumstances.
If you purchase a subscription plan or agree to make recurring automatic
payments by enrolling in our “AutoPay” service, your subscription or
automatic payments will continue in effect and renew on a recurring
basis, monthly or annually, unless and until you cancel your subscription
or AutoPay. If you provide a credit card or other payment method
accepted by Rentstarz LLC and sign up for a monthly or annual paid
subscription or enroll in AutoPay through the Website or the Services,
you are expressly agreeing that Rentstarz LLC (or our designated third-
party payment processor) is authorized to charge your payment method
for the applicable subscription fee or other payment (plus any applicable
taxes) on a recurring monthly or annual basis, as applicable. Rentstarz
LLC reserves the right to change the terms of your subscription,
including price, from time to time, effective as of the beginning of your
next billing period following the date of the change. If Rentstarz LLC
changes the subscription fee or other charges for your subscription, we
will give you advance notice of these changes. If you purchase a
subscription from us with promotional pricing, it will renew at our
standard non-promotional pricing unless you cancel your subscription
prior to renewal (as may also be explained in more detail at the time of
your purchase at the promotion pricing).You must cancel your subscription or AutoPay at least twenty-four (24)
hours before your next renewal or payment date (as applicable) in order
to avoid the next billing (subscription) period. You may cancel your
subscription or AutoPay by logging into your Rentstarz LLC account
and cancelling it there (if such functionality is provided therein), or you
may send us written notice of cancellation
to support@rentstarz.com specifying that you would like to cancel your
subscription for the Services or AutoPay (as applicable). If you cancel
your subscription or AutoPay, the cancellation will be effective upon
your receipt of confirmation from Rentstarz LLC of the cancellation.
4. Conditions on Using the Website and the Services
The Website and the Services provide only a neutral online venue which
landlords, landlord representatives, brokers, property managers, sub-
lessors (collectively, “Listing Parties”) and potential renters can use to
find and exchange information in connection with potential transactions
involving real estate and, if they choose, to arrange transactions with one
another. Rentstarz LLC does not counsel parties to real estate
transactions, assess the qualifications of potential tenants, show
properties, or negotiate rental or sales contracts on or through the
Website or Services. No brokerage relationship or any agency or
fiduciary relationship is intended to be or shall be deemed to have been
created between Rentstarz LLC and any user of the Website or Services.
Additionally, real estate transactions are complicated and are governed
by various laws, practices and customs. Users are advised to seek the
help of a licensed real estate professional and/or a real estate attorney to
help in the negotiation and completion of any real estate transaction.You acknowledge that if you use the Services as a potential renter of a
property listed on the Website, including by participating in any offer
board for, or by submitting an electronic rental application in relation to,
a property listed on the Website, information that you submit through the
Website (subject to the terms of the Privacy Policy) will be visible to
Listing Parties associated with such property and used by them in
assessing your qualifications as a tenant. If you decide to make an offer
through the Services to rent any property listed on the Website, you are
solely responsible for determining the rental price that you want to offer
to a Listing Party for such property. All users should be sure they are
comfortable with the price they are offering and be aware of the
following:
1. the acceptance of your offer by a Listing Party constitutes a
binding agreement to enter into a rental agreement with such
Listing Party and obligates you to pay all associated fees to
Rentstarz LLC and to such Listing Party; and
2. you are solely responsible for determining the reasonableness and
prudence of any offer you make in light of the property and your
circumstances.
We have no control over the conduct of our users or the truth or accuracy
of the information that users post on the Website. We do not endorse any
persons who use or register for our Services, whether as renters or
Listing Parties. We make no verification of information that any user
submits to the Website. We make no representations about properties
advertised on the Website, about the Listing Parties responsible for
presenting such properties, about the accuracy of information providedby such Listing Parties, or about the financial capabilities of, or the
accuracy of information provided by, prospective renters.
The Website may from time to time provide the opportunity for you to
order, purchase, or receive services from third parties, for example, for
the conduct or results of credit, eviction, criminal record, or background
checks. You agree that Rentstarz LLC is not a principal, partner, joint
venturer or agent (other than for purposes of collection or refund of
payments) in connection with the provision of such services, and that
you will look solely to such third parties in connection with the
provision of such services.
Although we may offer features through the Services (including through
third-party service providers we engage) which are intended to assist
Listing Parties and potential renters to assess the appropriateness of, and
to negotiate and consummate transactions among themselves, Rentstarz
LLC does not conduct any screening, background investigations or
credit checks on any individual's character, creditworthiness or rental
history, nor any investigations of the existence or actual state of any
property listed. All aspects of transactions between users of the Website
and Services, including the existence, quality, safety or legality of the
properties advertised, the truth or accuracy of listings, the ability of
Listing Parties to rent a property or the ability of renters to pay for rental
properties are solely the responsibility of each user and therefore users
of the Website and the Services should perform all appropriate due
diligence, including visiting in person any listed property, before
entering into a rental contract or any other transaction with respect tosuch property. We strongly discourage renters from sharing sensitive
confidential information directly with purported Listing Parties, or
wiring funds to such parties, based solely on electronic solicitations from
such parties.
All of the foregoing acknowledgements and conditions apply with equal
force to the Rentstarz LLC, which, among other things, enables users to
place a 24-hour hold on select properties (the “Select Service”) pursuant
to our arrangements with the party or parties controlling such properties.
If you submit a “holding deposit” and your rental application is
accepted, but you decline to enter into a rental agreement, your holding
deposit will be forfeited. If your application is declined or if there are
unacceptable conditions, then upon request your holding deposit will be
returned. If your application is accepted and you enter into a rental
agreement, then you can either apply the holding deposit towards your
security deposit or have it refunded upon payment of the security
deposit. No brokerage relationship or any agency or fiduciary
relationship is intended to be or shall be deemed to have been created
between Rentstarz LLC and any user of the Select Service. Additionally,
all users of the Select Service should be aware that placing a 24-hour
hold on a desired property does not bind the Listing Party, and does not
guarantee that you will be the only potential renter permitted to tour the
property during such 24-hour period.
5. Agreement to Receive Marketing Messages and Opt-
OutWhen you use Rentstarz LLC Services, you are giving your prior
express consent (“Opting In” or your “Opt-In”) to have Rentstarz LLC
send SMS text messages to you consistent with these Terms and
Conditions, including these terms. In particular, by Opting In, you agree
with and accept the following terms:
• You expressly authorize Rentstarz LLC to use both autodialer and
non-autodialer technology to send text messages to the cell phone
number that you provide and/or the cell phone number(s)
associated with your Rentstarz LLC account.
• You authorize Rentstarz LLC to include marketing content in any
text messages.
• You authorize Rentstarz LLC to create and retain an electronic
record of your Opt-In. You may view the electronic record of your
Opt-In by contacting Rentstarz LLC at support@Rentstarz
LLC.com
• You confirm that you are the subscriber to the relevant cell phone
number(s) or that you are an authorized user of the number(s).
• You acknowledge and agree that standard message and data rates
may apply to text messages sent by Rentstarz LLC.
• You agree that Rentstarz LLC can terminate your participation in
any text message program or service at any time and for any
reason.
• You can opt-out of receiving autodialed text messages from
Rentstarz LLC by:
◦ Replying STOP.◦ If you opt-out of receiving autodialed text messages from
Rentstarz LLC, we may send you a final autodialed text
message to confirm your opt-out request.
When you provide Rentstarz LLC with your email address, you are
giving Rentstarz LLC your express consent to send you emails,
including marketing emails. You may opt-out of receiving marketing
emails at any time by clicking the opt-out link at the bottom of an email,
or by contacting us at support@Rentstarz LLC.com and specifying that
you would like to opt-out of receiving marketing emails.
6. Proprietary Rights; Restrictions on Use
All software used on the Website is proprietary to us or to third parties,
and except as may be required to exercise the foregoing license grant,
any use, redistribution, sale, decompilation, reverse engineering,
disassembly, translation or reduction of such software to human-readable
form is prohibited.
The Rentstarz LLC name, the Rentstarz LLC logo, and all related
names, logos, product and service names, designs and slogans are
registered or unregistered trademarks of Rentstarz LLC or its affiliates or
licensors, and may not be used in connection with any service or
products other than those provided by Rentstarz LLC, in any manner
that is likely to cause confusion among customers, or in any manner that
disparages or discredits Rentstarz LLC. Any use of such marks, or any
others displayed on the Website, will inure solely to the benefit of their
respective owners.The Website and Services are the property of Rentstarz LLC. Except as
expressly provided below in the case of User Data (as defined below), all
the data, information, text, images (including video), designs, sound,
music, marks, logos, compilations (meaning the collection, arrangement
and assembly of information) and other content on or made available
through the Website, and any of the foregoing sent to you by e-mail or
other means (collectively, the "Site Content") are owned by Rentstarz
LLC, its licensors or other providers of such material and are protected
by United States and international copyright, trademark, patent, trade
secret and other intellectual property or proprietary rights laws.
Rentstarz LLC authorizes you to use the Services and access, view, use,
download and print the Site Content subject to the following conditions:
1. you may use the Services, and download, access and print the Site
Content, only in reasonable limited quantities for your personal,
non-commercial use;
2. you may not modify the Site Content;
3. any displays or print outs of the Site Content must be marked "©
Rentstarz LLC, Inc. 2011-2020. All rights reserved."; and
4. you may not remove or alter any copyright, trademark or other
proprietary rights notices that have been placed in the Site Content.
Except as expressly permitted above, modification, reproduction,
redistribution, republication, uploading, posting, transmitting,
distributing or otherwise exploiting in any way the Services, the Site
Content, or any portion of the Site Content, is strictly prohibited without
the prior written permission of Rentstarz LLC. If you violate any of the
foregoing conditions, your right to use the Services and the Site Contentwill cease immediately and you must, at our option, return or destroy
any copies of the materials you have made. No right, title or interest in
or to the Services or the Site Content is transferred to you, and all rights
not expressly granted are reserved by Rentstarz LLC. Any use of the
Services or the Site Content not expressly permitted by this Agreement
is a breach of this Agreement and may violate copyright, trademark and
other laws. You agree, and represent and warrant, that your use of the
Services, the Website and the Site Content, or any portion thereof, will
be consistent with the foregoing license, covenants and restrictions and
will neither infringe nor violate the rights of any other party or breach
any contract or legal duty to any other parties. In addition, you agree that
you will comply with all applicable laws, regulations and ordinances
relating to the Services, the Website, the Site Content or your use of
them, and you will be solely responsible for your own individual
violations of any of them.
We may, in our discretion and without liability to you, with or without
cause, with or without prior notice and at any time:
1. terminate your access to our Services,
2. deactivate or delete any of your accounts and all related
information and files in such accounts and
3. bar your access to any of such files or Services.
7. Your Data
You are solely responsible for all data that you upload or transmit with
us through the Website or the Services (collectively, the “User Data”).
Do not transmit User Data for which you do not have permission to sendto Rentstarz LLC. You are responsible for creating backup copies of any
User Data. By providing us with User Data you:
1. Agree to provide only true, accurate, current and complete
information about yourself and not to misrepresent your identity or
your Rentstarz LLC account information;
2. Authorize us to make copies as we deem necessary in order to
provide the Services;
3. Give us, and you promise that you have the right to give us, an
irrevocable, perpetual, non-exclusive, transferable, fully paid
worldwide license to use your User Data for the purpose of
delivering the Services;
4. If you are a Listing Party using the Rentstarz LLC Pro service, you
hereby grant to us (i) an irrevocable, perpetual (except upon
termination of your use of the Services), non-exclusive,
transferable, fully paid worldwide license to publish, distribute,
publicly display and perform your User Data regarding apartments
and other units of real property which you own or are otherwise
authorized to rent or lease to third parties and to create derivative
works based upon such User Data and (ii) an irrevocable,
perpetual, non-exclusive, transferable, fully paid worldwide license
to continue after the termination of your use of the Services to use
data derived from your User Content, including from any User
Content pertaining to properties that have been rented, in an
aggregated form which does not identify any particular listing, for,
among other things, real estate analytics, research, and creation and
sale of reports containing aggregated data;5. Acknowledge and agree that any User Data submitted through the
Website will be used in accordance with the Privacy Policy,
described below, and that you will not submit User Data containing
any sensitive data relating to your race, color, religion, sex,
handicap, familial status, or national origin; and
6. Represent and warrant that you own all proprietary rights in your
User Data or, with respect to any User Data you do not own, you
have the full authority and right to transmit the User Data and to
grant the licenses granted hereunder, and that the exercise by
Rentstarz LLC of the license rights granted by you shall not
infringe any third party intellectual property rights, nor violate any
rights of privacy or publicity, nor be defamatory, libelous or
obscene, nor violate any other right, privilege or interest of any
third party.
Rentstarz LLC is under no obligation to edit or control User Data that
you transmit, and will not be in any way responsible or liable for User
Data or your use of it. Subject to the rights granted to us in this
Agreement, you own all of your User Data and any intellectual property
rights associated with your User Data.
Rentstarz LLC reserves the right, in its sole discretion:
1. to refuse to list any person, individual, Listing Party, applicant or
other user;
2. to screen any listing, and to edit the content of any listing; and3. to delete from any listing or edit any falsehoods, inconsistencies,
offensive material or any material that infringes third party rights
or that is otherwise in breach of these Terms and Conditions.
You acknowledge that Rentstarz LLC has no obligation to do any of
these things.
Even after you remove information from your profile or delete your
account, we may retain certain information to prevent identity theft and
other misconduct even if deletion has been requested. Removed and
deleted information may persist in backup copies indefinitely, but will
not be available to others.
8. Website Policies
In connection with your use of the Website and Services, you agree that
you shall comply with any written policies and procedures for the
Website and Services set forth at https://www.rentstarz.com/terms-and-
conditions.
Listing Parties and Others Listing Property: You are entitled to list a
property for rent ("Property") only if you own the Property, or if you are
acting as the managing agent or broker for the Property, or if you have
the right to sub-let a Property without violation of the head lease. You
may list a Property for as long as the Property remains available for rent.
You must promptly remove the Property listing from the Services if it is
no longer available for rent. Rentstarz LLC may establish limits on the
maximum time that listings will remain on the Services, and Rentstarz
LLC shall have no liability or responsibility for the deletion or failure tostore any listing. By listing a Property, you represent and warrant to
Rentstarz LLC that:
1. you will provide accurate, current and complete registration and
listing information;
2. your use of the Services will comply with all applicable federal,
state and local laws, regulations and rules, including without
limitation the Fair Housing Act, the Fair Credit Reporting Act and
any applicable rent control or rent stabilization laws, and will not
violate any contract by which you are bound or any third party
rights;
3. any property that you list on the Services complies fully with all
applicable health, safety and fire laws and codes;
4. in the event you use any feature of the Services provided by a third
party service provider which allows you to access a potential
renter’s consumer credit data, criminal history or eviction history,
you hereby certify that you have a legitimate business need for
such data in connection with assessing the suitability of such
potential renter as a tenant of a property listed through the
Services, that your request and use of such data from such service
provider shall be solely for your internal purposes in connection
with a potential transaction involving such potential renter, and
that you will not provide any such data to any third party; and
5. without limitation of the foregoing, your listing will comply with
the Fair Housing Act and shall not state any discriminatory
preference based on race, color, national origin, religion, sex,familial status or handicap, or based on any other characteristic
prohibited by state or local law.
Renters: You are entitled to provide through the Services electronic
rental applications, or offers through offer boards, if any, to Listing
Parties with respect to Properties only if you meet any applicable tenant
qualifications specified on the Services and you have the bona fide
intention to rent the Property if it is offered to you. If your offer to a
Listing Party through any such offer board is successful and your rental
application, including any electronic rental application submitted
through the Services, is approved by the Listing Party, you will be
obligated to enter into a lease with such Listing Party and to pay in full
any associated deposits to Rentstarz LLC and/or to such Listing Party.
You acknowledge and agree that you are solely responsible for the
payment of any deposit required and that no negotiation is possible
concerning the terms of any rental agreement applicable to a property
once the offer board in connection with such property has closed.
You understand that you may (i) submit electronic instructions through
the Services to a Listing Party authorizing such Listing Party to obtain
through services provided by one of our third party service providers a
copy of your consumer credit report and score, as well as reports of
background investigations regarding your criminal and eviction history
as each relates to your suitability as a tenant, or (ii) submit consent to a
request from a Listing Party that it be authorized to so obtain such credit
report and score or background investigation, and that in either case such
submission shall constitute written instructions from you for such
Listing Party to so obtain a copy of your consumer credit report andscore or the results of such background investigation from such provider.
Use of each such third-party service may require that you accept
additional terms of use. By submitting the instructions or consent
described in the preceding sentence, you authorize such Listing Party,
once it has obtained your credit report(s) and score(s) and/or the results
of such background investigations, to retain, subject to provisions of
applicable law, a copy of the same in its records along with the other
information you submit to such Listing Party.
9. Rent Payments and Pay Rent Services
Our “Rent Payments” and “Pay Rent” services (collectively, the “Rent
Payment Platform”) enable renters to make rent and other related
payments to Listing Parties using functionality made available through
the Website and Services. If you are a Listing Party or renter and use the
Rent Payment Platform, you acknowledge and agree that the terms of
this Section 9 shall apply to you. Rentstarz LLC uses Stripe, a third-
party payment platform, to process renters’ credit and debit card
transactions and make periodic payments to Listing Parties’ bank
accounts that are connected via Stripe Connect. If you are a Listing Party
and use our Rent Payment Platform, you expressly understand and agree
that Rentstarz LLC shall not be liable to you for our failure to collect
fees from renters arising out of any failure of Stripe. The services
provided by Stripe are subject to the Stripe Connected Account
Agreement, which includes the Stripe Terms of Service (collectively, the
“Stripe Services Agreement”). By agreeing to these Terms and
Conditions or continuing to operate as a Listing Party, you agree to be
bound by the Stripe Services Agreement, as the same may be modifiedby Stripe from time to time. As a condition of Rentstarz LLC enabling
payment processing services through Stripe, you agree to provide
Rentstarz LLC accurate and complete information about you and your
listings, and you authorize Rentstarz LLC to share with Stripe
transaction information related to your use of the payment processing
services provided by Stripe.
If you are a renter and use our Rent Payment Platform, you agree that if
you use a credit or debit card to make a rental payment, Rentstarz LLC
may charge you a processing fee in the amount specified at the time of
the transaction, which fee will be added to the amount of such rental
payment. If any payment you initiate using the Rent Payment Platform
does not successfully complete, the applicable Listing Party reserves the
right to seek payment from you via or outside the Rent Payment
Platform. In addition, your Listing Agent may permit you to opt-in for
recurring automatic rent payments. Any authorization you provide to
make recurring automatic payments using the Rent Payment Platform
will remain in effect until cancelled.
10. Services Uses and Restrictions
You must comply with any rules and policies about use of the Website,
Site Content, and Services that we publish from time to time. These
rules and policies will be available on the Website. Certain features,
pages or content within the Website or Services may contain
supplemental terms of use, to which you must agree in order to use the
relevant features, pages or content. You are permitted to use the Website,
Site Content, and Services solely for the purposes contemplated in theseTerms and Conditions, and not for any other purpose (including to
promote any other product, website, software or service).
You shall not:
1. Infringe the rights of any person or entity, including without
limitation by offering to lease a property without the rights to do
so;
2. Submit, post, upload to, distribute or otherwise use, any User Data
(i) in violation of, or in connection with any violation of, any local,
state, national or international laws; (ii) that is libelous,
defamatory, threatening, abusive, scandalous, obscene,
pornographic or intended to defraud Rentstarz LLC or any third
party; (iii) that, in the sole discretion of Rentstarz LLC, constitutes
"spam"; (iv) that infringes any copyright or violates any property
rights, rights of privacy or publicity, or any other rights of any third
party; (v) that contains any statement, formula, direction, recipe,
prescription or other matter that involves a reasonably foreseeable
risk of injury, loss or damage to the material's readers or others; or
(vi) that contains any software viruses or any other code, file or
program that is designed to interrupt, destroy or limit the
functionality of any computer software, hardware or
telecommunications equipment;
3. Impersonate any person or entity, or forge or manipulate headers to
disguise the origin of any User Data;
4. Complete transactions offline which were initiated using an offer
board provided through the Website or Services;5. Harvest or otherwise collect any data, information or Site Content
from the Website, including by using manual or automated
software, devices, or other processes to "crawl", "scrape" or
"spider" any page of the Website or Services to copy, obtain,
propagate, distribute or misappropriate any User Data or Site
Content;
6. Engage in any other conduct that interferes with the Website, Site
Content, or Services or that restricts or inhibits any other person
from using or enjoying the same, or which, in Rentstarz LLC's sole
judgment, exposes Rentstarz LLC or any of its officers, directors,
employees or agents to any liability or detriment of any type; or
7. Use the Website, Site Content, or Services to, directly or indirectly:
(i) develop, advertise or promote any product, website, software or
service that offers any functionality substantially similar to, or
competitive with, the Services; or (ii) solicit, divert or take away,
or attempt to solicit, divert or take away, any of the customers
(including users), business or prospective customers of Rentstarz
LLC for any reason.
11. Use of Services to Obtain Information Regarding
Potential Tenants.
You acknowledge that, to the extent you intend to use, or do in fact use,
the Services for purposes of obtaining or using sensitive information
concerning potential tenants, including but not limited to credit scores,
eviction history, background checks, and criminal history, you are solely
and exclusively responsible for complying with the laws of any relevant
jurisdiction. You acknowledge that some laws, including local municipal
and state laws, may limit or prohibit your ability to obtain, store,process, or use such information in any way, including in housing or
rental decisions, regardless of whether you obtain that information
directly or through a third party. You acknowledge that Rentstarz LLC is
not responsible, and you will not hold Rentstarz LLC responsible, for
informing you of whether, or to what extent, such laws may apply to
your attempt to obtain or use such information, and agree to indemnify
and hold Rentstarz LLC harmless in the event your attempt to obtain or
use such information is in fact not permitted in a relevant or applicable
jurisdiction.
12. Links to Third Party Websites
The Website may contain links to third-party websites or applications
and our Services may include third-party content that we do not control,
maintain or endorse. You expressly acknowledge and agree that we are
in no way responsible or liable for any such third-party websites or
applications, including, without limitation, their content, policies,
failures, promotions, products, services, actions and/or any damages,
losses, failures or problems caused by, related to or arising from those
third parties or their sites or applications. YOUR CORRESPONDENCE
AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR
THROUGH THE SERVICES, INCLUDING, WITHOUT
LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS
AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES
AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH
DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD
PARTY. Rentstarz LLC ENCOURAGES YOU TO REVIEW ALL
POLICIES, RULES, TERMS AND REGULATIONS, INCLUDINGTHE PRIVACY POLICIES AND TERMS OF USE OF EACH AND
ANY THIRD PARTY SITE OR APPLICATION THAT YOU VISIT OR
USE. Rentstarz LLC DISCLAIMS ANY HARM THAT MAY RESULT
FROM YOUR CHOICE TO USE ANY THIRD PARTY SERVICES,
INCLUDING, BUT NOT LIMITED TO, THIRD PARTY SERVICES
HOSTED ON THE SITE WHICH MAY ASK TO ACCESS, AND MAY
RETAIN, YOUR PERSONAL INFORMATION. YOU AGREE THAT
YOUR USE OF THIRD PARTY SERVICES IS AT YOUR OWN RISK.
Listing Parties using Rentstarz LLC Pro acknowledge and agree that we
provide a listing syndication service and that we will share such listings
provided to us through Rentstarz LLC Pro with third parties for display
on third-party websites. Such sharing does not imply endorsement of,
sponsorship of, or affiliation with such third parties or their websites,
and we shall not be responsible for the conduct of such third parties with
respect to your listings nor any liabilities arising in connection with your
listings displayed on such third party websites.
13. Ideas Submitted to Rentstarz LLC
In the event that you submit ideas or suggestions for the Website, Site
Content or Services ("Services Comments"), the Services Comments
will be deemed, and will remain, the sole property of Rentstarz LLC.
None of the Services Comments will be subject to any obligation of
confidence on the part of Rentstarz LLC, and Rentstarz LLC will not be
liable for any use or disclosure of any Services Comments. Without
limiting the foregoing, Rentstarz LLC will be entitled to unrestricted use
and other exploitation of the Services Comments for any purpose
whatsoever, commercial or otherwise, by any means, by any media,without compensation to the provider, author, creator or inventor of the
Services Comments.
14. Warranty Disclaimers, Limitation of Liability
1. Each party represents and warrants that: (a) it has all right, power
and authority to enter into and perform this Agreement; (b) the
execution of this Agreement and performance of this Agreement
will not violate any other agreement to which it is a party; (c) this
Agreement constitutes the legal, valid and binding obligation of
such party; and (d) it shall perform this Agreement in accordance
with all applicable laws. No advice or information, whether oral or
written, obtained by you from Rentstarz LLC, or through the
Services, the Website or Site Content will create any warranty not
expressly stated herein.
2. If you are a paying Rentstarz LLC subscriber, Rentstarz LLC
warrants that the Services will materially perform the functions
described for them on the Website, provided, however, the
foregoing warranty shall not apply to the extent that any problem
with the Services is caused by any act or omission by you. Your
sole and exclusive remedy, and Rentstarz LLC’s sole and exclusive
liability, with respect to any breach of this warranty shall be that
Rentstarz LLC shall remedy the non-conformance upon receipt of
written notice from you detailing such non-conformance or if
Rentstarz LLC is unable to do so, Rentstarz LLC will refund a
portion of the Fees you paid for the nonconforming Services
during the period of non-conformance.3. If you are not a paying Rentstarz LLC subscriber, you use the
Services, the Site Content and the Website at our own risk, and you
acknowledge that you are responsible for verifying and confirming
the quality, performance, accuracy and reliability of the Site
Content and Services and of any data obtained by you from the
Site Content or Services.
4. EXCEPT AS SET FORTH IN THE PRECEDING CLAUSE 9.b.,
THE SERVICES, WEBSITE AND SITE CONTENT ARE
PROVIDED IN "AS IS" CONDITION, AND Rentstarz LLC
EXPRESSLY DISCLAIMS ANY AND ALL
REPRESENTATIONS AND WARRANTIES, WHETHER
EXPRESS OR IMPLIED, INCLUDING: (1) ALL WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND
ALL WARRANTIES ARISING FROM COURSE OF DEALING
AND USAGE OF TRADE; (2) THAT THE SERVICES,
WEBSITE AND THE SITE CONTENT WILL MEET YOUR
REQUIREMENTS, WILL ALWAYS BE AVAILABLE,
ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR
OPERATE WITHOUT ERROR; (3) AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE OPERATION, USE OR
OTHER EXPLOITATION OF THE SERVICES, WEBSITE OR
THE SITE CONTENT; AND (4) AS TO THE ACCURACY OR
RELIABILITY OF ANY INFORMATION OBTAINED FROM
THE SERVICES, WEBSITE OR THE SITE CONTENT.5. No advice or information, whether oral or written, obtained by you
from Rentstarz LLC, or through the Services, the Website or Site
Content will create any warranty not expressly stated herein.
6. UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO
RECOVER FROM Rentstarz LLC ANY INCIDENTAL,
CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS, LOSS OF PROFITS OR LOSS OF USE),
WHETHER BASED ON CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE ARISING FROM OR
RELATING TO THE USE OF THE SERVICES, WEBSITE OR
SITE CONTENT; HARM OR DAMAGE TO YOUR PERSON
OR PROPERTY AS A RESULT OF USING THE SERVICES;
YOUR OR ANYONE ELSE’S CONDUCT OR ACTS IN
CONNECTION WITH THE USE OF THE SERVICES; OR ANY
ACTUAL OR ATTEMPTED COMMUNICATION OR
TRANSACTION BETWEEN USERS, IN EACH CASE, EVEN
IF Rentstarz LLC HAS BEEN INFORMED OR SHOULD HAVE
KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN
THE EVENT THAT THE FOREGOING SENTENCE IS NOT
ENFORCEABLE, Rentstarz LLC’S MAXIMUM AGGREGATE
LIABILITY TO YOU WITH RESPECT TO ANY DAMAGES
ARISING IN CONNECTION WITH USE OF THE SERVICES,
WEBSITE OR SITE CONTENT SHALL BE THE GREATER OF
$10 OR THE AMOUNT OF ANY FEES RECEIVED BY
Rentstarz LLC FROM YOU DURING THE SIX-MONTH
PERIOD PRIOR TO THE DATE ON WHICH THE CAUSE OFACTION ACCRUED, WHETHER SUCH DAMAGES ARISE IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
OTHERWISE. THE FOREGOING REMEDIES AND
LIMITATIONS SHALL APPLY NOTWITHSTANDING THAT
ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. THE
PROVISIONS OF THIS CLAUSE h. WERE AND ARE AN
EXPRESS PART OF THE BARGAIN BETWEEN YOU AND
Rentstarz LLC AND WERE A CONTROLLING FACTOR IN
THE SETTING OF ANY FEES PAYABLE TO Rentstarz LLC.
7. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO
SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS
MAY NOT APPLY TO YOU.
15. Release; Indemnification
BY USING THE WEBSITE OR SERVICES, YOU AGREE THAT ANY
LEGAL REMEDY OR LIABILITY YOU SEEK TO OBTAIN FOR
ACTIONS OR OMISSIONS OF OTHER USERS WILL BE LIMITED
TO A CLAIM AGAINST THE PARTICULAR USER OR USERS WHO
CAUSED YOU HARM. IN THE EVENT THAT YOU HAVE A
DISPUTE WITH ONE OR MORE OTHER USERS OF THE
WEBSITE OR SERVICES (INCLUDING, WITHOUT LIMITATION,
ANY DISPUTE BETWEEN USERS REGARDING ANY POTENTIAL
OR CONSUMMATED TRANSACTION), AND IN CONSIDERATION
OF OUR PROVISION OF THE SERVICES, YOU HEREBY AGREE
TO RELEASE, REMISE AND FOREVER DISCHARGE Rentstarz
LLC AND EACH OF ITS AGENTS, DIRECTORS, OFFICERS,
EMPLOYEES, AND ALL OTHER RELATED PERSONS ORENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS,
COMPLAINTS, DEMANDS, CAUSES OF ACTION,
PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES,
COSTS, AND DISBURSEMENTS OF ANY NATURE
WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH
NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE
CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE
WEBSITE OR SERVICES. IF YOU ARE A CALIFORNIA RESIDENT,
YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH
SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR." YOU AGREE TO INDEMNIFY AND HOLD Rentstarz
LLC (AND EACH OF OUR OFFICERS, DIRECTORS, AND
EMPLOYEES) HARMLESS FROM ANY THIRD-PARTY CLAIM,
DEMAND, ACTION, DAMAGE, LOSS, COST OR EXPENSE,
INCLUDING WITHOUT LIMITATION REASONABLE
ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO YOUR
USE OF THE SERVICES OR ALLEGING FACTS OR
CIRCUMSTANCES THAT, IF TRUE, COULD CONSTITUTE YOUR
BREACH OF ANY OF THESE TERMS. WE WILL CONTROL ANY
SUCH DEFENSE AND RELATED SETTLEMENT AND YOU
AGREE TO REASONABLY ASSIST US THEREWITH AT YOUR
EXPENSE.16. Applicable Law and Jurisdiction; Compliance
The Website and Services are operated by Rentstarz LLC from the
United States, and Rentstarz LLC does not represent or warrant that use
of the Website or Services is lawful in other jurisdictions. All matters
arising from or relating to this Agreement, the Website or to the use and
operation of the Services shall be governed by the substantive laws of
the State of California, without regard to its conflicts of laws principles.
Without derogation of the obligation to arbitrate set forth in Section 17
below, you and we agree to submit to the personal jurisdiction of the
state and federal courts located in San Francisco, California. The
Uniform Computer Information Transactions Act shall not apply to this
Agreement. If you gain access to the Services from locations outside the
United States, you will be responsible for compliance with all local laws
of any such other location, and in no event will you use the Services or
Site Content in violation of U.S. export laws or regulations.
17. Arbitration and Dispute Resolution.
All disputes arising out of or relating to this Agreement, the Website or
the Services shall be resolved exclusively by binding arbitration before a
single arbitrator (the “Arbitrator”) in accordance with the Commercial
Arbitration Rules of the American Arbitration Association (the “AAA”)
then in effect (for information on the AAA and its rules, see
www.adr.org.) and the further procedures set forth herein, except that
each party retains 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.The arbitration shall be conducted in San Francisco, California, unless
the Arbitrator shall determine that that venue is not reasonably
convenient to all parties, in which case the Arbitrator shall determine
another venue that is. In the event that the AAA is unavailable or
unwilling to administer the arbitration, and the parties are unable to
agree to a substitute, a substitute shall be appointed by the court. The
Arbitrator shall have authority to issue any and all remedies authorized
by law. The right and obligation to arbitrate under this § 15 shall extend
to any claim by or against a party’s officer, director, employee,
shareholder, affiliate, agent, or contractor. The arbitrator may render
early or summary disposition of any or all issues of fact or law, after the
parties have had reasonable opportunity to make submissions on those
issues. The arbitration shall be governed by the Federal Arbitration Act,
9 U.S.C. §§ 2 et seq. Notwithstanding any rules of the AAA to the
contrary, any claims shall be adjudicated on an individual basis only, and
YOU WAIVE ANY RIGHT TO BRING ANY CLAIM AS A
REPRESENTATIVE OF A PROPOSED CLASS, ON AN
AGGREGATED OR MASS BASIS, OR AS A PRIVATE ATTORNEY
GENERAL, OR TO CONSOLIDATE ARBITRATION PROCEEDINGS
WITHOUT THE CONSENT OF ALL PARTIES THERETO. Any award
rendered by the Arbitrator shall be final, conclusive and binding upon
the parties hereto. In connection with any arbitration proceeding
pursuant to this Agreement, unless the Arbitrator shall determine
otherwise, each party shall bear its own costs and expenses.
Notwithstanding the foregoing, you may at your option file an individual
claim in any small claims court for disputes or claims within the scope
of its subject matter jurisdiction if such court has personal jurisdictionand the case remains in small claims court. Rentstarz LLC does not
hereby waive any defense that such jurisdiction may be lacking in your
state. Without derogation of the parties’ obligation to arbitrate as set
forth herein, for any claims other than those in small claims court,
jurisdiction for any court proceedings arising out of or relating to this
Agreement, the Website or the Services shall be vested exclusively in,
and venue shall be laid in, the state or federal courts sitting San
Francisco, California except that, following confirmation of an
arbitration award in a state or federal court in San Francisco, California,
a judgment arising therefrom may be executed in any court of competent
jurisdiction.
18. Miscellaneous Provisions
No delay or omission by Rentstarz LLC in exercising any of its rights
occurring upon any noncompliance or default by you with respect to any
of the terms and conditions of this Agreement will impair any such right
or be construed to be a waiver thereof, and a waiver by Rentstarz LLC of
any of the covenants, conditions or agreements to be performed by you
will not be construed to be a waiver of any succeeding breach thereof or
of any other covenant, condition or agreement hereof contained. As used
in this Agreement, "including" means "including but not limited to" If
any provision of this Agreement is found by a court of competent
jurisdiction to be invalid or unenforceable, then this Agreement will
remain in full force and effect and will be reformed to be valid and
enforceable while reflecting the intent of the parties to the greatest extent
permitted by law. Except as otherwise expressly provided herein, this
Agreement sets forth the entire agreement between you and RentstarzLLC regarding its subject matter, and supersedes all prior promises,
agreements or representations, whether written or oral, regarding such
subject matter. You shall not assign or transfer this Agreement or any
right or obligation hereunder to any third party. You agree that the
electronic text of this Agreement constitutes a writing and your assent to
the terms and conditions hereof constitutes a "signing" for all purposes.
19. Digital Millennium Copyright Act
Rentstarz LLC complies with the provisions of the Digital Millennium
Copyright Act applicable to internet service providers (17 U.S.C. §512,
as amended). If you have any complaints or objections to material
posted on the Website you may contact our Designated Agent at the
following address: Rentstarz LLC, Inc. c/o DMCA Agent, 555
Montgomery Street #1300, San Francisco CA 94111,
Email: DMCAagent@Rentstarz LLC.com
Any notice alleging that materials hosted by or distributed through the
Website infringe intellectual property rights must include the following
information:
1. an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright or other right being
infringed;
2. a description of the copyrighted work or other intellectual property
that you claim has been infringed;
3. a description of the material that you claim is infringing and where
it is located on the Services;
4. your address, telephone number, and email address;5. a statement by you th
