Last updated: February 13, 2018
Please read this Agreement carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any of the services. If these terms and conditions are considered an offer by RentHelper, acceptance is expressly limited to these terms.
This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, customers, vendors, merchants, contributors of content, information and other materials or services on the Site.
If you have any questions, contact us at 212 Worcester St, Ste H, North Grafton, MA 01536, firstname.lastname@example.org.
- RentHelper’s Services
RentHelper provides a technology platform that allows landlords, property management companies, vacation rental providers, internet marketplaces, or other payees who provide goods or services, such as a property rental to renters to electronically receive payment due from such renters.
RentHelper does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside RentHelper’s control. RentHelper may also be inaccessible for inoperable due to (i) equipment malfunctions; (ii) periodic maintenance or repairs; (iii) causes beyond RentHelper’s control or which are not reasonably foreseeable. You use the RentHelper service at your own risk.
- Account Registration
(a) RentHelper’s services are available only to, and may only be used by, individuals who are within the United States of American, 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are located within the United States of America and at least 18 years old. Individuals under the age of 18 must at all times use RentHelper’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In such cases, the adult is the user and is responsible for any and all activities and transactions that involve the applicable minor on the Site.
(b) You represent and warrant that all registration information you submit is accurate and truthful. RentHelper may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
(c) In addition, you must abide by all RentHelper’s policies mentioned in this Agreement as well as all other operating rules, policies and procedures that may be published from time to time on the Site by RentHelper (if applicable to your activities on or use of the Site), each of which is incorporated herein by reference and each of which may be updated by RentHelper from time to time without notice to you. In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by RentHelper from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference. Below is a list of some of RentHelper’s policies:
(d) You may not transfer or sell your RentHelper account to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
(e) RentHelper’s services are not available to cancelled or temporarily or indefinitely suspended RentHelper users. RentHelper reserves the right, in RentHelper’s sole discretion, to cancel unconfirmed, active or inactive accounts. RentHelper reserves the right to refuse service to anyone, for any reason, at any time.
(f) You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any RentHelper service
- Prohibited, Questionable, and Infringing Content and Activities
(a) You are solely responsible for your conduct and activities on and regarding RentHelper. You hereby represent and warrant that your use of RentHelper shall not include:
- Upload, download, post, email or otherwise transmit any content in a fraudulent manner/for the purposes of committing a fraud.
- upload, download, post, email or otherwise use the service in a manner that is unlawful, harmful, threatening, trade libelous, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property.
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
- upload, download, post, email or otherwise transmit any content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.
- upload, download, post, email or otherwise use the service in a manner that would constitute or encourage a criminal offense, illegal activity, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.
- use the service to harm minors in any way, including, but not limited to, uploading Content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct, or upload Content that may be seen as condoning or encouraging unsafe practices that would result in the physical, mental or moral harm of children.
- upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation.
- upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- upload, download, post, email or otherwise transmit false, inaccurate, or misleading information.
- disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, third party sites, vendor’s or customer’s sites, or networks connected to or accessible through the Site or affiliated or linked websites.
- access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
- disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked websites.
- frame the Site within another Site or webpage or link to the Site except as permitted in writing by RentHelper or Host images not part of a listing.
- incorporate images or names that would violate a person’s right of privacy or publicity; or
incorporate a current or former leader, politician, religious figure, convicted criminal or notorious person, or other famous person’s name or likeness without their express written consent.
- use a manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Service.
- copy, modify or distribute rights or content from the Site, service or tools or RentHelper’s copyrights and trademarks.
- harvest or otherwise collect information about users, including email addresses, without their consent.
- violate this Agreement, or any Site policy, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- take any action that may undermine online reviews or feedback.
- appear to create liability for RentHelper or cause RentHelper to lose (in whole or in part) the services of RentHelper’s ISPs or other suppliers.
- promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes.
(b) You agree that you will use this Site in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.
- Intellectual Property.
(a) RentHelper, and other RentHelper graphics, logos, designs, page headers, button icons, scripts, and service names are copyrights, registered trademarks, trademarks or trade dress of RentHelper, Inc. in the U.S. and/or other countries. RentHelper’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion to consumers or in any manner that disparages or discredits RentHelper. All other trademarks not owned by RentHelper that appear on this site are the property of their respective owners.
(b) You acknowledge and agree that any content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by RentHelper, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any content received through the Site without the authorization of RentHelper or the content owner. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute content available through the Site, in violation of applicable copyright and other intellectual property laws.
(c) You acknowledge and agree that the Site and any software provided to you or used in connection with the Site, including, for example and without limitation, any RentHelper API or other scripts (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Other than as expressly provided under these terms, you agree not to reproduce, duplicate, copy, sell, resell or exploit for other commercial purposes, any portion of the Site, without RentHelper’s express written consent.
(d) RentHelper considers any solicited or unsolicited suggestions, ideas, proposals, content of any notes, messages, e-mails, postings, letters, concepts or other material submitted to it by users via the Site or otherwise (other than the account information, personal information, and content) (collectively, the “Material”) to be non-confidential and non-proprietary, and RentHelper shall not be liable for the disclosure or use of such Material. If, at RentHelper’s request, any user sends Material to improve the site (for example through the Forums or to customer support), RentHelper will also consider that Material to be non-confidential and non-proprietary and RentHelper will not be liable for use or disclosure of the Material. Any communication by you to RentHelper is subject to this Agreement. The intellectual property rights in or relating to the Material will automatically be deemed to be assigned, granted and transferred by you to RentHelper upon their submission or communication to RentHelper, and you do assign all rights therein to RentHelper and agree that the same will automatically become the property of RentHelper and that RentHelper may use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose, commercial or otherwise, RentHelper may elect, forever, without compensation or accounting to you and without further recourse by you.
(e) YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE CONTENT WHICH YOU SUBMIT AND THAT THE CONTENT DOES NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS (COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN THE CONTENT OR ANY PARTS OF THE CONTENT. YOU HEREBY REPRESENT AND WARRANT TO US THAT THIS AGREEMENT HAS BEEN DULY AND VALIDLY EXECUTED AND DELIVERED BY YOU AND CONSTITUTES YOUR LEGAL, VALID AND BINDING OBLIGATION, ENFORCEABLE AGAINST YOU IN ACCORDANCE WITH ITS TERMS; AND THAT THE EXECUTION, DELIVERY AND PERFORMANCE BY YOU OF THIS AGREEMENT ARE WITHIN YOUR LEGAL CAPACITY AND POWER; HAVE BEEN DULY AUTHORIZED BY ALL REQUISITE ACTION ON YOUR PART; REQUIRE THE APPROVAL OR CONSENT OF NO OTHER PERSONS; AND NEITHER VIOLATE NOR CONSTITUTE A DEFAULT UNDER THE (I) PROVISION OF ANY LAW, RULE, REGULATION, ORDER, JUDGMENT OR DECREE TO WHICH YOU ARE SUBJECT OR WHICH IS BINDING UPON YOU, OR (II) THE TERMS OF ANY OTHER AGREEMENT, DOCUMENT OR INSTRUMENT APPLICABLE TO YOU OR BINDING UPON YOU.
- Third Party Sites
(a) Without limiting any other remedies or abilities, RentHelper may, with or without notice, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
(c) RentHelper reserves the right to suspend and/or terminate a person’s account or any accounts held by that person by virtue of association, including all usernames under which that person operates on RentHelper.
(d) RentHelper’s failure to act with respect to a breach by you or others does not waive RentHelper’s right to act with respect to subsequent or similar breaches.
- No Warranty
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. RENTHELPER, RENTHELPER’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND RENTHELPER’S SUPPLIERS PROVIDE RENTHELPER’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. RENTHELPER, RENTHELPER’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND RENTHELPER’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM RENTHELPER SHALL CREATE ANY WARRANTY. RENTHELPER DOES NOT MAY ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASE OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTIONS OR (D) THAT DEFECTS, IF ANY WILL BE CORRECTED, OR (E) THERE WON’T BE ANY UNATHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND OR ANY AND ALL PERSONAL INFORMATION AND OR FINANCIAL INFORMATION STORED THEREIN, OR (G) ANY BUGS, VIRUSES, TROGJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY WILL BE MONITORED OR PREVENTED. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
- Liability Limit
IN NO EVENT SHALL RENTHELPER, AND (AS APPLICABLE) RENTHELPER’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR RENTHELPER’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, RENTHELPER’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
RENTHELPER’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF RENTHELPER’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT PROVIDED FOR IN THE RENTER TERMS OR OWNER TERMS AS APPLICABLE.
YOU AGREE TO INDEMNIFY AND HOLD RENTHELPER AND (AS APPLICABLE) RENTHELPER’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SITE, SUBMITTED CONTENT, BREACH OF THIS AGREEMENT, OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
- RentHelper Services
RentHelper reserves the right to modify or terminate the RentHelper service for any reason, without notice, at any time. RentHelper reserves the right to alter these Terms & Conditions or other Site policies at any time, so please review the policies frequently. If RentHelper makes a material change RentHelper will notify you here, by email, by means of a notice on our home page, or other places RentHelper deems appropriate. What constitutes a “material change” will be determined at RentHelper’s sole discretion, in good faith, and using common sense and reasonable judgment.
- Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Delaware, excluding its conflicts of laws rules, and the United States of America.
RentHelper may assign its rights and responsibilities hereunder without notice to you.
These terms and conditions will inure to the benefit of RentHelper’s successors, assigns and licensees. Any heading, caption, or section title contained herein is inserted only as a matter of convenient, and in no way defines or explains any section or provision hereof. The failure of RentHelper to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such rights or provisions.