Last updated: March 13, 2018
The terms of these Renter Terms are effective as of the date that You use the Services (the “Effective Date”). If You use the Services on behalf of a business, You represent and warrant that You can enter into this Renter Terms with RentHelper on behalf of that business, that You accept the terms and conditions contained herein on behalf of that business, and that You have received a copy of the Renter Terms.
PLEASE READ THESE RENTER TERMS CAREFULLY. THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER.
1. About RentHelper. These Renter Terms (“Renter Terms”) describes the terms and conditions that apply to Your (“You”, or “Your”, “Yourself”) use of services offered by RentHelper Inc., a Delaware corporation located at 212 Worcester St, Ste H, North Grafton, MA 01536. RentHelper provides a technology platform that allows Your landlord, property management company, vacation rental provider, internet marketplace, or other payee (“Payee”) who provides You goods or services, such as a property rental, (such services by the Payee to You are referred to here as “Payee Services”) to electronically receive payment due from You for Payee Services provided to You (e.g. rent/deposits, homeowner association dues and assessments, etc.) (collectively, “Amount(s) Due”). You are a User (as defined below). The Amount Due and the associated Payee Services are governed by the contract between You and the Payee. We provide services, which may include, but are not limited to the following: a platform for processing prepaid/debitable cash card and ACH/eCheck transactions, credit reporting services, text reminders, transaction history, customer service and other ancillary services (the “Service(s)”) as described more fully below in Section 2.
2. The Services.
2.01 Description of the Services. RentHelper provides access to a payments platform for: (i) rental property owners and rental property managers (collectively, “Owners“) who wish to engage RentHelper as its agent for accepting payments from its renters (“Renters”); (ii) individuals wishing to make an electronic payment (the “Participating Users“) to a Payee; and (iii) for other legal entities (“Participating Payee”) who wish to engage RentHelper as its payment processor for accepting payments from the Participating Payee’s users (“Payor Users”) for goods and services that it directly or indirectly provides the Payor User. Unless specified, all references to “User(s)” in this Renter Terms shall include Renters, Participating Users, and Payor Users. Unless specified, “Payee” includes Owners and Participating Payees.
As part of its Services, RentHelper enables Users to pay Amounts Due to Payees and may include the use of a prepaid/debitable cash card, ACH/eCheck from Your bank account, and other payment methods that RentHelper may offer from time to time (“Payment Method”) through the RentHelper websites (including, without limitation, http://www.renthelper.us, or any other website operated by RentHelper or its affiliates, and any subdomain of any such websites), (the “Website”), and/or other channels that RentHelper may offer from time to time. The Services may be provided by RentHelper in conjunction with its third-party service providers.
RentHelper will provide you with a text message three (3) days prior to the date that any Amount Due will be withdrawn from Your bank account or debitable cash card. You will have until 2:00 pm est on the date the Amount Due is due to text “PAY” to authorize the transaction or “WAIT” to reschedule the transaction. In the event that You fail to text either “PAY” or “WAIT” 2:00 pm est, You will be deemed to have approved and authorized RentHelper to make payments for any and all Amounts Due, subject to your written authorization in the Renter Enrollment Agreement, as provided for hereunder. RentHelper cannot guarantee that Your text messages will be transmitted to RentHelper and has no liability, whatsoever, in the event that RentHelper does not receive Your text messages. Any notifications or text messages are subject to and reliant on Your phone and Your mobile carrier. RentHelper is not responsible for, has no control over, and no liability for, in any case, the failure of Your phone, Your mobile carrier, or the failure of any notice or message to be sent or received.
You acknowledge and agree that, as it relates to Amounts Due: (i) Your payment is for a transaction between You and a Payee and not with RentHelper or any of RentHelper’s affiliates; and, (ii) in any given transaction, RentHelper is a third-party payment facilitator operating on behalf of either You or a Payee. Refund requests related to Amounts Due should be directed to Your Payee.
You acknowledge that RentHelper acts as the Rent Payor’s and Participating Payee’s limited agent for the limited purpose of receiving, collecting, facilitating, transmitting and/or processing payments. In any event, upon receipt of Your payment, RentHelper’s sole obligation shall be to remit the funds to Your Payee. RentHelper has no responsibility or liability to You with regard to the provision of the Payee Services. When a Rent User or Payor User pays the applicable Rent Payee or Participating Payee through RentHelper’s Services, and where RentHelper acts as the agent of the Rent Payee or Participating Payee, the Rent User’s or Payor User’s debt to the Rent Payee or Participating Payee will have been extinguished; and, the Payee shall have no recourse against You if You made Your payment to RentHelper in RentHelper’s capacity as agent for the Payee.
You acknowledge that RentHelper is not a real estate brokerage, property manager, or landlord. You acknowledge that RentHelper has made no guarantee of any kind with regard to the obligations of You or the Payee under any lease, contract, or other agreement.
We do not handle maintenance, property management, or housing emergencies. Call 911 in the event of an emergency. Contact your landlord for maintenance or other emergency assistance.
You acknowledge that RentHelper is only responsible for processing the electronic transactions that the You authorize by your participation in the Services and does not hold itself out as a collection agency nor does it in any way guarantee payments by You. You understand that RentHelper is not responsible for what any Payee does with the payments you make through the Services or otherwise.
You understand that RentHelper will supply both the Renter and Owner with a timely electronic confirmation via text or email acknowledging that a particular transaction has been received by RentHelper and posted to the Renter’s transaction history. If such notification is not received, RentHelper makes no guarantee that the transaction was ever received by RentHelper or that the payment was ever remitted to Payee It is solely the responsibility of the Renter to ensure that their payment has been properly received by the Payee. Additionally, it is the Renter’s responsibility to ensure that such transactions are received by the Payee in a timely basis according to the terms of the separate lease/rental or other agreement executed between the Renter and Payee. Any dispute between the Renter and Payee regarding amount of payment, timing of payment, lack of payment, late-charges incurred, overdue rent, stoppage of a recurring payment set up through the Renter Enrollment Agreement, and the like will be handled exclusively between the Renter and Payee. RentHelper is merely providing service to facilitate payments between the Renter and Payee and does not inherit the risk assumed by any party in relation to any transactions performed through the Services.
Transactions are typically sent to the national banking system between 6pm EST and 8pm EST on regular business days but the time may vary so any payments submitted that day and scheduled for the same day must be voided prior to the transaction being sent to the national banking system if the Renter does not wish the payment to be processed. Recurring payments scheduled for a weekend or holiday will be processed on the next business day. The Renter’s bank account will generally be debited the second business day following the scheduled date since we provide notice to Renter of the impending debit on the next business day following the weekend or holiday and don’t debit the payer’s bank account until the business day following the notice. For example, if a recurring payment is scheduled for a Saturday on a particular month we will send notice of the transaction on Monday and the payer’s bank account will be debited on Tuesday.
You acknowledge that by completing the Renter Enrollment Agreement and providing us with Your banking or debitable cash card, or other payment information, You authorize us to use it and disclose it to our bank or other payment gateway providers for the purpose of processing the payments You authorize through our Services.
2.02 Availability of Services. You acknowledge that, if Your access to the Services is contingent upon an agreement between RentHelper and a Rent Payee or Participating Payee, then the applicable Rent Payee or Participating Payee may limit or terminate Your access to Services; and, if RentHelper’s agreement with such Rent Payee or Participating Payee is terminated, RentHelper may immediately terminate Your ability to use the Services and Your access to Your Account.
RentHelper does not guarantee continuous, uninterrupted access to the Website or operation of the Services, and operation of the Website and Services 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 Services is at your own risk. You may remit payment to the Payee directly.
2.03 Modification of Services. You acknowledge that RentHelper has the right to change the content, process, or technical specifications of any aspect of the Services at any time at RentHelper’s sole discretion. You acknowledge that such modifications may result in Your being unable to access the Services and/or a change to how you utilize the Services.
3. RentHelper Fees.
3.01 RentHelper Fees. Currently RentHelper does not charge any fees to Renters for Renters’ use of the Services. RentHelper reserves the right to charge Renters for its Services. In the event that RentHelper does intend to charge any Renters for any Services, RentHelper will provide thirty days written notice of such fees.
4. Consent and Authorization to Use Payment Method. You represent and warrant that You have the legal right and authority to utilize Your Payment Methods and authorize RentHelper to debit such Payment Methods in accordance with this Renter Terms.
You hereby authorize RentHelper to store Your Payment Method Instrument details or credentials where You have created an Account with RentHelper.
You hereby authorize charges to Your Payment Methods, in the amounts You authorize from time to time, which may include RentHelper Fees, Amounts Due, any relevant taxes RentHelper is obligated to collect on behalf of a governmental agency. You also authorize the crediting or debiting of Your Payment Method by RentHelper for any chargebacks, refunds, or adjustments made through the Services.
If there is an error in the processing of Your transactions, You authorize RentHelper to debit or credit Your Payment Method to resolve such error.
5. Your Information; Privacy.
5.01 Representations and Warranties Related To Your Information. In order to use and continue to use the Service, You represent and warrant that: (i) upon request, You will provide information and/or documents about Yourself that are true, accurate, current, and complete; (ii) where applicable, advise RentHelper of updates to Your information to keep it true, accurate, current and complete; and (iii) You are at least eighteen (18) years old. You acknowledge that RentHelper is relying on Your representations as a condition of providing You with the Services. If You provide information that is untrue, inaccurate, not current or incomplete, or if RentHelper has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, RentHelper, without limiting any other remedies, reserves the right to suspend or terminate Your access to the Service and to hold any funds that You submitted through the Services. You may not and agree not to use the Service for any illegal purpose or in any manner inconsistent with these Renter Terms. You acknowledge that if required by applicable law, RentHelper may hold any funds that You submitted through the Services.
6. Payment Cancellation, Credit, Chargebacks, and Refunds. You agree and acknowledge that upon Your request, for payments You believe were improperly processed, RentHelper, in its sole discretion, may cancel a payment made through the Services at any time prior to RentHelper making the payment to a Payee. If a payment dispute arises after RentHelper makes payment to a Payee, the responsibility to settle the payment dispute rests with You and the Payee. You further agree that you will contact RentHelper prior to initiating any chargebacks, cancellations, refunds, or credits, for the payments made hereunder.
7. Account, Password, and Security. You may be asked to create an account with RentHelper to access the Services (“Account”), which allows us to remember You, store certain identifying information (such as a password, Your email address, or Your mobile phone number, and other information related to You or Your Payment Method details credentials to allow us to provide the Services. In that case, You will create a password when completing the Account creation process. You are solely responsible for maintaining the confidentiality of Your password, restricting access to Your Account, and are fully responsible for all activities occurring on Your Account. You agree to notify RentHelper immediately if You notice unauthorized use of Your password, unauthorized access to Your Account, unauthorized access to Your information, or any other breach of security. You agree that RentHelper is not liable for any damages or loss arising from Your failure to comply with this section. Your Account is not a bank account, credit account, prepaid account savings account or transaction account, such as a demand deposit account; and You are not able to make withdrawals from the Account. Either You or RentHelper may close Your access to the Services and/or Account at any time. You may close Your Account by texting STOP to the number from which you receive RentHelper communications. Closing your account willcancel any future automatically scheduled payments. You will remain liable for all outstanding payments to Your Payee.
8. Unclaimed Property. If we are not able to provide a refund to, or return funds due to, the Payment Method You used to make a payment, and those funds are deemed abandoned as set forth in any applicable unclaimed property laws, we send such funds to the appropriate state or jurisdiction.
9. Liability and Indemnification.
9.01 Your Liability. You shall be liable to RentHelper, its parent companies and subsidiaries, and the directors, officers, employees, and agents of each (“RentHelper Parties”) for any and all Claims (as defined below) arising out of or in connection with (i) Your misuse of the Payee Services, Services, or Website; (ii) any breach (or, as to defense obligations only, any alleged breach) of Your obligations in these Renter Terms or any breach of Your representations, warranties, or obligations set forth in these Renter Terms; or (iii) Your negligence, fraud, misrepresentation, willful misconduct, violation of applicable law, violation of banking regulations, or infringement of the rights of any person or entity.
9.02 RentHelper Liability. RentHelper shall be liable to You, for any and all Claims (as defined below) arising out of or in connection with RentHelper’s gross negligence, fraud, misrepresentation, willful misconduct, or violation of applicable law.
9.03 Indemnification Process. The party seeking indemnification pursuant to this Section 9 (the “Indemnitee”) shall: (a) promptly notify the other party (the “Indemnitor”), in accordance with Section 12.03, of the Claim for which indemnification is sought, but in no event longer than ten (10) business days of the Indemnitee’s knowledge of the Claim: (b) make all reasonable efforts to provide Indemnitor with all information and material in Indemnitee’s possession regarding the Claim; (c) furnish to Indemnitor such assistance as Indemnitor may reasonably request in connection with the investigation, settlement and defense of the Claim; and (d) grant Indemnitor sole control over the defense and settlement of the Claim. Within ten (10) days of Indemnitor’s receipt of the notice of the Claim or demand, Indemnitor shall notify the Indemnitee as to whether Indemnitor is assuming the entire control (subject to this Section) of the defense, compromise or settlement of the matter, including the counsel that Indemnitor has selected. The Indemnitor shall institute and maintain any such defense diligently and reasonably and shall keep the Indemnitee fully advised as to the status thereof. Further, Indemnitor shall not dispose of or settle any such Claim in Indemnitee’s name or in any manner which may adversely affect Indemnitee’s rights or interests (which includes, without limitation, any settlement that imposes pecuniary or other liability or an admission of fault or guilt on the Indemnitee or would require the Indemnitee to be bound by an injunction of any kind) without Indemnitee’s prior written consent, which consent shall not be unreasonably withheld or delayed. Indemnitee shall not be liable hereunder for any settlement entered into without its prior written consent (which consent shall not be unreasonably withheld or delayed).
9.04 Definition of “Claim.” “Claim” means an action, allegation, assessment, cause of action, cease and desist letter, charge, citation, claim, demand, directive, fine, lawsuit or other litigation or proceeding, or notice issued or submitted by, from or on behalf of a third party, including any governmental agency, and all resulting judgments, bona fide settlements, penalties, damages (including consequential, indirect, special, incidental or punitive damages), losses, liabilities, costs, and expenses (including, without limitation, reasonable attorneys’ fees, expenses and costs) incurred in connection therewith.
10. Disclaimers and Limitation of Liability.
10.01 Disclaimers. EXCEPT FOR ANY EXPRESS WARRANTIES CONTAINED IN THESE RENTER TERMS: (i) THE SERVICES, WEBSITES, AND ALL CONTENT, SOFTWARE, MATERIALS AND OTHER INFORMATION PROVIDED BY RENTHELPER OR OTHERWISE ACCESSIBLE TO YOU IN CONNECTION WITH THIS RENTER TERMS OR THE SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND (ii) RENTHELPER AND ITS RESPECTIVE AFFILIATES AND SUPPLIERS MAKE NO WARRANTY OF ANY KIND (AND DISCLAIM ALL WARRANTIES OF ANY KIND) WITH RESPECT TO THE FOREGOING, WHETHER EXPRESS, STATUTORY OR IMPLIED, AND SPECIFICALLY DISCLAIM THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, IN EACH CASE TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, RENTHELPER MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. RENTHELPER MAKES NO WARRANTY REGARDING THE QUALITY OF THE PAYMENT SERVICES.
10.2 Limitation of Liability.
10.02.1 YOU AGREE THAT RENTHELPER SHALL NOT BE LIABLE FOR: ANY FAILURES CAUSED BY ANY PERSON OR ENTITY OTHER THAN RENTHELPER THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION, OR SETTLEMENT OF A PAYMENT, OR THE SERVICES.
10.02.2 IN NO EVENT WILL RENTHELPER, AFFILIATES, VENDORS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR SUPPLIERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR LOST PROFITS OR FOR CONSEQUENTIAL, EXEMPLARY, INDIRECT, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THE PARTY OTHERWISE LIABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES); AND (ii) IN NO EVENT WILL RENTHELPER’S AGGREGATE LIABILITY ARISING OUT OF THESE RENTER TERMS EXCEED THE GREATER OF: (a) THE AMOUNT OF PAYMENTS IN DISPUTE, OR (b) $100 USD. Each party acknowledges that the other party has entered into this Renter Terms relying on the limitations of liability stated in this paragraph and that these limitations are an essential basis of the bargain between the parties.
11. Arbitration, Complaints, Dispute Resolution, and Governing Law and Forum.
ARBITRATION: Please read this Section carefully. It affects Your rights and will impact how claims You and RentHelper may have against each other are resolved.
11.01 Complaint Process. If You wish to make a complaint about the Services, You can make a complaint by sending an e-mail to email@example.com. Most of Your concerns can be resolved through RentHelper’s customer service department. RentHelper’s goal is to learn about and try to resolve the underlying causes of the concern. To that end, the parties shall cooperate and attempt in good faith to resolve any potential dispute promptly by discussions between persons who have authority to resolve the potential dispute. If the parties are unable to resolve the potential dispute amicably at that level, You shall report the potential dispute to RentHelper’s legal team at New Leaf Lega, LLC, Attn: Jessica Manganello, 649 Massachusetts Avenue, Suite 6, Cambridge, MA 02139. Your disputes must be raised within ninety (90) days of the relevant transaction or they are deemed permanently waived by You.
11.02 Agreement to Arbitrate. ANY DISPUTE ARISING BETWEEN YOU AND RENTHELPER THAT CANNOT BE RESOLVED INFORMALLY AS DESCRIBED IN SECTION 11.01 (INCLUDING WITHOUT LIMITATION ANY CONTROVERSY OR CLAIM ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE RENTER TERMS OR THE ALLEGED BREACH THEREOF) SHALL BE FINALLY RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA”) UNDER ITS COMMERCIAL ARBITRATION RULES, INCLUDING THE AAA’S SUPPLEMENTAL PROCEDURES FOR CONSUMER-RELATED DISPUTES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATION WILL BE CONDUCTED IN THE ENGLISH LANGUAGE, BEFORE A SINGLE ARBITRATOR, IN THE CITY OF BOSTON, MASSACHUSETTS. THE ARBITRATOR SHALL DECIDE THE DISPUTE IN ACCORDANCE WITH THE SUBSTANTIVE LAW OF THE STATE OF DELAWARE. COSTS OF AAA WILL BE SHARED EQUALLY BY THE PARTIES, EXCEPT THAT THE ARBITRATOR SHALL AWARD THE PREVAILING PARTY COSTS AND ATTORNEYS’ RENTHELPER FEES IN ANY ARBITRATION WHERE THE PREVAILING PARTY PREVAILS IN CONNECTION WITH CLAIMS THAT A PARTY FAILED TO TIMELY REMIT RENTHELPER FEES OR AMOUNTS DUE TO THE OTHER PARTY.
11.03 Opt-Out Procedure. You can choose to reject this agreement to Arbitrate (“opt out”) by sending RentHelper a written opt-out notice by certified mail to the mailing address set forth in Section 12.03 of these Renter Terms. The opt-out notice must be postmarked no later than thirty (30) days after the Effective Date. The opt-out notice must state that You do not agree to Arbitrate and must include Your name, address, phone number, and the email addresses provided at registration or on file with RentHelper. You must sign the opt-out notice for it to be effective. This procedure is the only way You can opt out of the agreement to Arbitrate. Opting out of the agreement to arbitrate shall have no impact or effect upon any other provisions of this Renter Terms. If You exercise the opt out, then any legal action or proceeding relating to the Renter Terms shall be brought exclusively in the state or federal courts located in Suffolk County, Massachusetts.
11.04 Class Action Waiver and Jury Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE PARTIES AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM OR DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, EACH PARTY KNOWINGLY AND IRREVOCABLY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTER-CLAIM RELATING OR ARISING OUT OF THIS RENTER TERMS OR ANY OF THE TRANSACTIONS CONTEMPLATED BETWEEN THE PARTIES. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES HEREBY AGREE THAT: (1) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOTWITHSTANDING ANY OTHER PROVISION IN THIS RENTER TERMS); AND (2) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
11.05 Applicable Law and Forum. These Renter Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of laws principles and You agree, with respect to any court action permitted under these Renter Terms, to exclusive personal jurisdiction in the state and federal courts located in the Commonwealth of Massachusetts. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 11 OF THESE RENTER TERMS, IF YOU FAIL TO TIMELY REMIT FUNDS DUE TO RENTHELPER, RENTHELPER IS ALSO ENTITLED TO PURSUE A CLAIM IN A COURT LOCATED IN THE COMMONWEALTH OF MASSACHUSETTS, COUNTY OF SUFFOLK (AND NOT BY ARBITRATION), PROVIDED THAT RENTHELPER’S CLAIM AMOUNT IS WITHIN THE JURISDICTIONAL LIMITATIONS OF SUCH COURTS.
12.01 Taxes. You acknowledge and agree that RentHelper may be required to collect taxes from You in connection with Your use of the Payee Services or Services, and to remit those taxes on Your or the Payee’s behalf (and report any payments processed) to regulatory or government authorities. Further, You are responsible for: (i) determining, remitting, and reporting any and all taxes required to be collected, reported, or paid by You in connection with Your use of the Payee Services or Services; and, (ii) for any and all applicable taxes, including sales, use, lodging, or other taxes and duties imposed by governmental entities of whatever kind with respect to the transactions processed under this Renter Terms, including penalties and interest. RentHelper is responsible for taxes based upon RentHelper’s net income.
12.02 Amendments to this Renter Terms. RentHelper may amend these Renter Terms, at any time with notice that RentHelper deems to be reasonable under the circumstances, by posting the revised version on RentHelper’s Website, or by email (each, an “Updated Renter Terms”). The Updated Renter Terms will be effective as of the time it is posted, but will not apply retroactively. Your continued access or use of the Services will constitute Your acceptance of the Updated Renter Terms. If You disagree at any time with amendments made, You may terminate your account by texting STOP to the number from which you receive RentHelper communications, which will also terminate Your access to the Services. These Renter Terms may not otherwise be amended except by written agreement, signed by You and an authorized RentHelper representative.
12.03 Notices. Notices to You will be delivered to the email address or via text to the mobile phone number You provided to RentHelper or as modified by You through notice to RentHelper or by posting on or update to the RentHelper Website. Notices to RentHelper can be made via email at firstname.lastname@example.org or via certified mail or overnight courier to: RentHelper Inc., 212 Worcester St, Ste H, North Grafton, MA 01536.
12.04 E-Sign Consent. RentHelper and its affiliates and third-party service providers may need to provide You with certain communications, notices, agreements, billing statements, or disclosures in writing (“Communications”) regarding the Services. Your agreement to this E-sign Consent confirms Your ability and consent to receive Communications electronically from RentHelper, its affiliates, and its third-party service providers, rather than in paper form, and to the use of electronic signatures in our relationship with You (“Consent”). If You choose not to agree to this Consent or You withdraw Your Consent, You may be restricted from using the Services.
12. 06 System Requirements.
To access and retain the electronic Communications, You will need the following:
a. A mobile phone or other device with an operating system that supports text messaging.
b. Access to the email address used to create an account for the Services, if applicable
12.07 Paper Delivery of Communications. You have the right to receive Communications in paper form. To request a paper copy of any Communication at no charge, please write to RentHelper, Inc., 212 Worcester St, Ste H, North Grafton, MA 01536 within 180 days of the date of the Communication, specifying in detail the Communication You would like to receive. Notwithstanding anything these Renter Terms to the contrary, to use the Services you must receive text communications, including reminders and notices about Amounts Due, via text message, and not in paper form.
12.08 Mobile Number and Email Address. It is Your responsibility to keep Your mobile telephone number and/or email address up-to-date and to notify RentHelper of any changes to Your mobile telephone number and/or email address. You understand and agree that if RentHelper sends You a text or an email, but You do not receive it because Your mobile telephone number and/or email address on file is incorrect, out-of-date, blocked by Your service provider, or You are otherwise unable to receive texts or emails, RentHelper will still be deemed to have provided the text and/or email to You.
By using the Services, You are authorizing RentHelper to send You text messages. Message and data rates may apply.
12.09 Entirety and Severability. The Terms contains the entire understanding between You and RentHelper with respect to its subject matter, superseding all prior and contemporaneous representations, understandings, and any other oral or written agreements between the parties with respect to such subject matter. If any provision of the Terms, or the application thereof, is found invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of the Terms will remain in full force.
12.10 Intellectual Property. The Website and Services and any and all site design, including but not limited to text, messages, notices, content, photographs, video, audio, interfaces, graphics and the selection and the arrangement thereof is protected by patents, copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the United States and other countries. You agree to abide by all applicable trademark, patent, copyright and other laws, as well as any additional patent, trademark, and copyright notices or restrictions contained on the Website or as part of the Services. Any use of materials on this Website without prior written permission of RentHelper is prohibited.
12.11 Survival. Sections 4 – 12 and Sections securing RentHelper’s rights shall survive any termination of these Renter Terms.
12.12 Waiver. The failure by a party to insist upon strict performance of any of the provisions contained in these Renter Terms shall in no way constitute a waiver of its rights as set forth in these Renter Terms, at law or in equity, or a waiver of any other provisions. No waiver of any provision or of any breach of these Renter Terms shall be deemed a further or continuing waiver of such provision, breach, or any other provision of these Renter Terms.
12. 13 Binding Upon Successors and Permitted Assigns. These Renter Terms shall be binding upon and inure to the benefit of the parties, their successors and permitted assigns. You may not assign these Renter Terms or any rights, obligations, or privileges under these Renter Terms without RentHelper’s prior written consent. RentHelper may assign its rights and obligations under these Renter Terms at any time without notice to You.
12.14 Force Majeure. RentHelper will not be responsible for delays, errors, failures to perform, interruptions or disruptions in the Services or Websites resulting from any act, omission or condition beyond RentHelper’s reasonable control, whether or not foreseeable or identified, including without limitation acts of God, labor strikes, lockouts, riots, acts of war, governmental regulations, fire, power failure, internet failures, earthquakes, severe weather, floods or other natural disasters, hackers, or the failure of Yours or any third party’s hardware, software or communications equipment or facilities.
12.15 Credit Reporting. RentHelper will report Your payment history with RentHelper to a credit reporting agency (“CRA”). The reporting of eligible payments is designed to assist Renters in establishing a credit history and/or a credit score. Current eligible payment transactions will be reported to TransUnion. For more information on TransUnion, please visit their website at http://www.transunion.com. RentHelper may add additional CRAs at its discretion, at which time those firm’s terms and conditions may also apply. Subject to the Fair Credit Reporting Act and any other applicable federal or state laws, rules or regulations, the following restrictions apply to all Renters who elect to have their payments reported to a CRA:
- After a transaction has been reported by RentHelper to a CRA, the reporting of that transaction may not be able to be modified, amended, or cancelled by RentHelper.
- All payments, whether processed through RentHelper or outside of RentHelper can be reported.
- RentHelper is not responsible for how any CRA may manage or use the information reported to them by RentHelper and You agree to hold RentHelper harmless against any such claims (all subject to the Credit Reporting Dispute Resolution Policy and the Fair Credit Reporting Act). Please review such CRA for the terms and conditions of how they collect, store, manage, use, modify, disseminate, and distribute such information. Once the information is transmitted by RentHelper to the CRA, that CRA will obtain an ownership interest in that data.
- RentHelper and its affiliates are not credit repair organizations and are not offering to sell, provide, or perform any service to You for the express or implied purpose of either improving Your credit record, credit history or credit rating or providing advice or assistance to You with regard to improving Your credit record, credit history, or credit rating. Renter acknowledges and agrees that they are not seeking to purchase, use or access any of the Services in order to do so.
- Once a transaction by a Renter for a particular transaction or profile has been reported to a CRA, the cessation of the reporting such transaction or profile to a CRA may negatively impact a Renter’s credit history, including the subsequent reporting of such transaction or profile following a period of no reporting on such transaction or profile, which may occur for a variety of reasons, including cessation of use of Services. RentHelper shall not be liable for any claims, charges, demands, damages or adverse impacts on a Renter’s credit score or credit history if a Renter ceases using the Services, has inconsistent reporting, or a transaction is reported as late by the Payee.
- Reporting of late payments or a payment default may lower or harm your credit score and negatively impact your ability to engage in any transactions requiring a “credit check”, including, but not limited to, Your eligibility for credit cards, financing, rental relationships, service providers, etc. You acknowledge that RentHelper has no liability for, and you further waive any right to pursue any Claims, damages, liabilities, causes of action, or otherwise, against RentHelper for or arising from any decrease, damage, or affect to your credit score and credit history, resulting from any reporting by RentHelper.
18.104.22.168 Dispute of Credit Reporting Information by Renter or CRA.
22.214.171.124 Notice of Dispute: Renter may dispute an entry on their credit report derived from information provided by RentHelper to a CRA by notifying RentHelper by email at email@example.com. You shall provide the following information regarding a dispute of information provided by RentHelper:
- Name of Renter
- Name of Payee
- Address of rental property
- Description of the disputed information
- Address, email, and phone number of Renter in order for RentHelper to contact Renter with results of investigation.
126.96.36.199 Investigation of Dispute: Upon receipt of notice of dispute from a Renter or a CRA, RentHelper will conduct a reasonable investigation and provide a determination of the status of the disputed information within ten (10) Business Days of receipt of the notice of dispute from the Renter. The investigation shall include, but is not limited to, all relevant information provided by the Renter. The determination shall be one of the follow three options:
- The dispute is not valid and the information originally provide by RentHelper is accurate;
- The disputed information is inaccurate; or
- More information is required in order to make a final determination regarding the disputed information.
188.8.131.52 Notification of Determination: Once a final determination has been made in regards to the disputed information, RentHelper will notify the Renter for that purpose, at the email address You have provided to RentHelper in Your Account within five (5) Business Days of the determination of the disputed information. If RentHelper determines that the dispute is not valid, RentHelper shall notify the Renter by email. The notification will include (i) the reasons for the determination; and (ii) information used during investigation of disputed information.
In the event the dispute was provided to RentHelper by a CRA, once a final determination has been made in regards to the disputed information, RentHelper will notify the CRA for that purpose, within five (5) Business Days of the determination of the disputed information.
If RentHelper determines the disputed information is inaccurate, RentHelper shall notify the Renter or CRA by email within five (5) Business Days of the determination and will promptly notify all CRAs to which RentHelper provided disputed information and request that they delete or modify the information as appropriate. If Renter is still registered to report transaction history, RentHelper will also update related transaction(s) records so future reports to CRA reflect corrected transaction, if possible.
If RentHelper determines that more information is necessary to complete the dispute investigation, RentHelper will notify the Renter or CRA, and the Payee if necessary, and request additional information from them to help make a final determination regarding the disputed information. Upon receipt of additional information, RentHelper shall make a final determination on the disputed information, considering all information provided by all parties involved, within thirty (30) days of receipt of notice of dispute by RentHelper under this section. Notice of determination shall be forwarded to the Renter as noted above.