Terms of Service

These Terms of Service (these “Terms” or the “Agreement”) describe our company’s (“Company,” “we,” “us,” or “our”) terms of service with respect to persons or entities who access our property’s RENTCafé website or mobile applications (collectively, the “Site”), including without limitation renters and potential renters (collectively, with all persons or entities who access the Site, “Users,” “you,” or “your”).

To access the Terms of Service of RENTCafé, please visit: https://resources.yardi.com/legal/rentcafe-terms-of-service/.

This Site is owned and operated by us to offer certain services to renters and potential renters (the “Services”). This Site uses the RENTCafé technology platform, which is owned and operated by Yardi Systems, Inc. (collectively, with its subsidiaries and affiliates, “Yardi”).

1. Your Acceptance

BY USING THE SITE, YOU EXPRESSLY ACCEPT AND CONSENT TO THESE TERMS WITHOUT QUALIFICATION.

YARDI AND/OR COMPANY MAY AMEND THESE TERMS FROM TIME TO TIME. Modifications will be posted on this webpage. By continuing to use the Site after the effective date of any modification, you consent to the modified Terms.

2. Yardi Is Not a Party to Any Rental Transactions

2.1

Yardi does not own or manage properties listed on the Site and is not a party to rental contracts. Yardi shall not be liable for information, documents, or interactions between Users and property managers/owners through the Site.

2.2

In the event of a dispute with a property manager or owner, you release Yardi from any and all claims arising out of or connected with such disputes.

3. Access to and Use of the Site

3.1

You are solely responsible for providing all equipment and internet access necessary to use the Site.

3.2

We reserve the right (without obligation or prior notice) to change, terminate, restrict access to, or remove content from the Site or Services.

3.3

Subject to compliance with these Terms, we grant you permission to access and use the Site for personal, non-commercial purposes only. You shall not (and shall not allow others to):

• Engage in commercial use of the Site or content
• Reproduce, copy, modify, distribute, sell, or create derivative works of Site content
• Remove copyright or proprietary notices
• Use robots, spiders, scrapers, or automated means to access or index the Site
• Collect user information (including usernames/email addresses)
• Frame or reformat Site pages
• Create accounts by automated or false means
• Send spam or interfere with other users
• Transmit viruses, malware, or destructive items
• Violate network security, crack passwords, or store illegal material
• Copy/modify HTML code
• Interfere with Site operation
• Impose unreasonable load on infrastructure
• Reverse engineer the Site
• Violate any applicable laws (including Fair Housing laws)

4. Additional Requirements

Certain Services may be subject to Additional Requirements. In case of conflict, Additional Requirements take precedence over these Terms.

5. Modifications

We may modify, suspend, or discontinue the Site or Services at any time without liability. Continued use after modifications constitutes acceptance. If unacceptable, discontinue use immediately.

6. Account Registration and Use

6.1 Your Account

You must provide accurate information and maintain it. You are responsible for account security, password confidentiality, and all activities under your account. Notify us immediately of unauthorized use. We are not liable for losses from your failure to comply.

6.2 Privacy Policy and Your Information and Material

By submitting content, you consent to its use per our Privacy Policy (incorporated herein). You warrant your content does not infringe rights, is not fraudulent/misleading/harmful/illegal, and complies with laws.

6.3 Communications

We are not responsible for third-party communications. Address issues directly with the third party.

6.4 Renter Screening

Screenings are governed by our Privacy Policy and any Additional Requirements. Address screening issues with the property manager/owner.

6.5 Payments

Most payments are between you and the property manager/owner. Yardi is not involved except for certain Yardi-imposed fees (e.g., screening, lease execution). Application fees are generally non-refundable. You authorize storage of payment info for recurring payments and must keep it updated. See Privacy Policy for details.

6.6 Electronic Signatures

You are responsible for determining the legal sufficiency and enforceability of electronic signatures. Yardi makes no warranties regarding electronic execution.

6.7 Identity Verification Services

By using identity verification, you consent to text messages and use of your selfie/image for verification. See our Privacy Policy and Mitek Systems’ Privacy Policy.

7. Yardi and Company’s Rights

We may investigate violations and cooperate with law enforcement. We have the right (but not obligation) to monitor use for compliance and legal purposes.

8. Site Content Generally

You are solely responsible for evaluating all content. We do not endorse or warrant the accuracy/reliability of third-party information.

9. Third-Party Links, Products and Services

9.1 Third Party Websites and Services

Links are for convenience only. We are not responsible for third-party sites, content, or transactions. You access them at your own risk.

9.2 Google® Maps

Use of Google Maps features is subject to Google Terms of Service.

10. Ownership

All Site content and technology is owned/licensed by Yardi and/or Company and protected by intellectual property laws. You may not use or exploit it commercially without permission.

11. Indemnity

You agree to indemnify and hold harmless the Indemnified Parties from claims arising from your use, content, violations, or negligence.

12. Disclaimer of Warranties

The Site and Services are provided “AS IS” and “AS AVAILABLE” with no warranties. We disclaim all express/implied warranties including merchantability, fitness, non-infringement. Use is at your own risk.

13. Limitation of Liability

To the fullest extent permitted by law, we and our affiliates shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from use of the Site/Services.

14. Enforcement

Our failure to enforce any provision does not waive it.

15. Termination

We may terminate your access at any time without notice or liability.

16. Authority

You warrant you have full authority to enter this Agreement and comply with all laws.

18. Interactive Areas

Interactive Areas are public. You agree not to post unlawful, harmful, infringing, or abusive content. We may remove content or terminate access without notice. We disclaim liability for user content.

19. General

19.1 Governing Law

Governed by the laws of the state where the property is located. Jurisdiction in the county of the property.

19.2 Assignment

You may not assign without our consent. We may assign freely.

19.3–19.6

No waiver, severability, entire agreement, and 1-year limitation on claims.

Updated August 20, 2020