Welcome to Rentals.com Subscription Services for rental property
owners and managers ("Property Managers"). To help you understand some
of the legal language used in this document, keep in mind that "Rentals Inc.,"
"Rentals.com, " "Rentals.com Rent Payment Service," "we," "us" and "our"
all refer to Rentals Inc. The terms "Property Manager", "you"
and "your" are used to refer to the party who is entering into a contract
with Rentals Inc. for the Subscription Services.
1. ACCEPTANCE OF TERMS
Rentals Inc. provides the Subscription Services to you, subject to the following
to you; provided that, we will not alter Section 7 ("Content Submitted to Rentals.com
Subscription Services") without prior notice to and acceptance by you. You can
review the most current version of the TOU at any time at
Please note that other Rentals.com services, outside of Rentals.com Subscription
2. DESCRIPTION OF SERVICES
Rentals.com Subscription Services currently provides rental property owners with
access to a rich collection of online resources and communications services, including
individual Web page hosting services for creating and maintaining your own online leasing office
(the "Services"). Unless explicitly stated otherwise, any new features
that augment or enhance the current Services, including the release of new Services
resources, shall be subject to the TOU. To use the Services, you must obtain access
to the World Wide Web, either directly or through devices that access Web-based
content, and pay any service fees associated with such access. In addition, you
must provide all equipment necessary to make such connection to the World Wide
Web, including a computer and modem or other access device. Rentals Inc. is not
a party to, or obligated under, any transaction or rental agreement between you
and any renter or prospective renter.
As part of the Services, Rentals Inc. may make available a variety
of content through the Site prepared by itself or third parties. This content
is for informational purposes only and is not intended as tax, legal or investment
3. YOUR OBLIGATIONS
In consideration of your use of the Services, you will: (a) provide true, accurate,
current and complete information about yourself and your business as prompted
by the Services' registration form (such information being the "Registration Data")
and (b) maintain and promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or Rentals Inc.has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, Rentals Inc.
has the right to suspend or terminate your account and refuse any and all current
or future use of the Services (or any portion thereof).
You will pay all subscription, service and use fees associated
with the Services ("Fees") by authorized check, credit card or electronic
fund transfer on or before the due date specified in any invoice we send you.
Alternatively, you may authorize Rentals Inc. to charge your credit card or bank
checking account for the amount of any Fees you owe. We reserve the right to change
the Fees, in our sole discretion, upon notice to you, which notice may be given
by posting any change in Fees in the Pricing Package area of the Rentals.com Web
site (www.rentals.com) (the "Site"). Any change in Fees shall be effective
thirty (30) days after we post the Change in Fees notice and shall affect Fees
that are due in the calendar month that is immediately subsequent to the end of
the thirty-day period. You will also pay all federal, state and local taxes, if
any, levied now or in the future, that are applicable to your use or receipt of
the Services. You will pay all costs (including, but not limited to, attorneys'
fees), if any, we incur in collecting overdue fees from you.
As part of the Services, we will make all of your property listings, showings,
online leasing office content and all personally identifiable information related to such
information available to third parties. In addition, we may disclose to third
parties certain aggregate information contained in your Registration Data, your
property listings or online leasing office content or related data, provided that, such
information will NOT include personally identifying information, except as specifically
authorized by you or in the good faith belief that such action is reasonably necessary
to comply with the law, legal process, to enforce the TOU, or under any of the
5. PROPERTY MANAGER CONDUCT
All information, data, text, software, music, sound, photographs, graphics, video,
messages or other materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from which such Content
originated. This means that you, and not Rentals Inc., are entirely responsible
for all Content that you upload, post or otherwise transmit via the Services.
Rentals Inc. does not control the Content posted via the Services and, as such,
does not guarantee the accuracy, integrity or quality of such Content. You understand
that by using the Services, you may be exposed to Content that is offensive, indecent
You will post Content related solely to rental properties that
you own or manage. You will keep all available property listings current and you
will accurately describe all property or community features and terms. Your Content
will not be inaccurate, misleading or inflammatory. Your Content will comply with
Rentals Inc.'s Fair Housing Policy located at http://www.rentals.com/commonportal/docs/TermsConditions.html,
and with all federal, state and local fair housing laws, regulations and ordinances.
You will not mischaracterize the relationship between you and Rentals Inc. or
imply that Rentals Inc. is a party to, or obligated under, any agreement between
you and any third party.
You will not use the Services to:
(a) Upload, post or otherwise transmit any Content that is unlawful,
harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise
(b) Impersonate any person or entity, including, but not limited
to, a Rentals Inc. official, or falsely state or otherwise misrepresent your affiliation
with a person or entity;
(c) Forge headers or otherwise manipulate identifiers in order
to disguise the origin of any Content transmitted through the Services or develop
restricted or password-only access pages, or hidden pages or images (those not
linked to from another accessible page);
(d) Upload, post or otherwise transmit any Content that you do
not have a right to transmit under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information learned
or disclosed as part of employment relationships or under nondisclosure agreements);
(e) Upload, post or otherwise transmit any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights of
(f) Upload, post or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation, except in those areas of the Services
that are designated for such purpose;
(g) Upload, post or otherwise transmit any content that requires membership or payment to access any or all of the content posted. This includes, but is not limited to, use of Services by fee-based services, rental locator services, or any other company that requires additional fees or obligations to access content or information;
(h) Upload, post 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
(i) Interfere with or disrupt the Services or servers or networks
connected to the Services, or disobey any requirements, procedures, policies or
regulations of networks connected to the Services;
(j) Intentionally or unintentionally violate any applicable local,
state, national or international law, regulation or ordinance;
(k) "Stalk" or otherwise harass another;
(l) Promote or provide instructional information about illegal
or harmful activities;
(m) Use your online leasing office home page (or directory) as storage
for remote loading or as a door or signpost to another home page, whether inside
or beyond Rentals.com Subscription Services.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
7. CONTENT SUBMITTED TO RENTALS.COM SUBSCRIPTION SERVICES
Rentals Inc. does not claim ownership of the Content you place on your online leasing office
or that you otherwise submit through the Services. By submitting Content
to Rentals.com for inclusion on your online leasing office or the Rentals.com Site, you
grant Rentals Inc. the world-wide, royalty-free, and non-exclusive license to
reproduce, modify, adapt and publish the Content solely for the purpose of displaying,
distributing and promoting your online leasing office or rental property listings on Rentals
Inc.'s Internet properties.
Rentals Inc. does not pre-screen Content, but Rentals Inc. and
its designees shall have the right (but not the obligation) in their sole discretion
to refuse or remove any Content that is available via the Services. Without limiting
the foregoing, Rentals Inc. and its designees shall have the right to remove any
Content that violates the TOU or is otherwise objectionable. You must evaluate,
and bear all risks associated with, the use of any Content, including any reliance
on the accuracy, completeness, or usefulness of such Content.
You will indemnify, protect, defend and hold Rentals Inc., and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of your Content, your use of the Services, your connection
to the Services, your violation of the TOU, or your violation of any rights of
9. NO RESALE OF SERVICES
You will not reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
Rentals Inc. may establish general practices and limits concerning use of the
11. MODIFICATIONS TO SERVICES
Rentals Inc. reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Services (or any part thereof) with
or without notice. You agree that Rentals Inc. shall not be liable to you or to
any third party for any modification, suspension or discontinuance of the Services.
You agree that Rentals Inc., in its sole discretion, may terminate your password,
your access to Rentals.com Subscription Services Site, use of the Services or
use of any other Rentals.com services, and remove and discard any Content within
the Services, for any reason, including, without limitation, for lack of use or
if Rentals Inc. believes that you have violated or acted inconsistently with the
letter or spirit of the TOU. Rentals Inc. may also in its sole discretion and
at any time discontinue providing the Services, or any part thereof, with or without
notice. Any termination of your access to the Services under any provision of
this TOU may be effected without prior notice, and acknowledge and agree that
Rentals Inc. may immediately deactivate or delete your online leasing office and all related
information and files in your online leasing office and/or bar any further access to such
files or the Services. Further, Rentals Inc. shall not be liable to you or any
third-party for any termination of your access to the Services.
The Services may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because Rentals Inc. has no control over such Web sites
and resources, Rentals Inc. is not responsible for the availability of such external
Web sites or resources, and does not endorse and is not responsible or liable
for any Content, advertising, products, or other materials on or available from
such Web sites or resources. You further acknowledge and agree that Rentals Inc.
shall not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of or reliance
on any such Content, goods or Services available on or through any such Web site
The Services allow you to access forms ("Forms") prepared by third parties,
such as state and local apartment or rental property associations. You are responsible
for verifying the accuracy of the Forms and determining whether the Forms are
appropriate for your intended use. Rentals Inc. has no responsibility for the
Forms and shall not be liable directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance on any such
15. RENTALS INC. PROPRIETARY RIGHTS
The Services and any necessary software used in connection with the Services ("Software")
contain proprietary and confidential information that is protected by applicable
intellectual property and other laws. Content contained in sponsor advertisements
or information presented to you through the Services or advertisers is protected
by copyrights, trademarks, Services marks, patents or other proprietary rights
and laws. Except as expressly authorized by Rentals Inc. or advertisers, you will
not modify, rent, lease, loan, sell, distribute or create derivative works based
on the Services or the Software, in whole or in part.
Rentals Inc. grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy, modify, create
a derivative work of, reverse engineer, reverse assemble or otherwise attempt
to discover any source code, sell, assign, sublicense, grant a security interest
in or otherwise transfer any right in the Software. You agree not to modify the
Software in any manner or form, or to use modified versions of the Software, including
(without limitation) for the purpose of obtaining unauthorized access to the Services.
You agree not to access the Services by any means other than through the interface
that is provided by Rentals Inc. for use in accessing the Services.
16. DISCLAIMER OF WARRANTIES
(a) Your use of the Services and Content is at your sole risk;
(b) The Services are provided on an "as is" and an "as
(c) Rentals Inc. expressly disclaims all warranties of any kind,
whether expressed or implied, including, but not limited to, the implied warranties
of merchantability, fitness for a particular purpose, course of dealing or usage
of trade and non-infringement;
(d) Rentals Inc. makes no warranty that:
- The Services will meet your requirements, (ii)the Services will be uninterrupted,
timely, secure (beyond any security guarantees of Verisign, our third-party SSL
provider, which is extended to our Site users), or error-free, (iii) the results
that may be obtained from the use of the Services will be accurate or reliable,
(iv) the quality of the products, services, information, or other material purchased
or obtained by you through the Services will meet your expectations, (v) any errors
in the software will be corrected, or (vi) that any third party will perform as
(e) Any material downloaded or otherwise obtained through the
use of the Services is done at your own discretion and risk, and you will be soley
responsible for any damage to your computer system or loss of data that results
from the download of any such material;
(f) No advice or information, whether oral or written, obtained
by you from Rentals Inc. or through or from the Services shall create any warranty
not expressly stated in the TOU.
To the fullest extent permitted under applicable law, Rentals Inc.
disclaims any and all such warranties.
17. LIMITATION OF LIABILTY
Rentals Inc. shall not be liable for any direct, indirect, incidental, special,
consequential, or exemplary damages, including but not limited to, damages or
loss of profits, goodwill, use, data, or other intangible losses (even if Rentals
Inc. has been advised of the possibility of such damages) resulting from: (i)
the use or the inability to use the Services; (ii) the cost of procurement of
substitute goods and services; (iii) unauthorized access to or alteration of your
transmissions or data; (iv) statements or conduct of any third party on the Services;
or (v) any other matter relating to the Services.
Further, Rentals Inc. shall not be liable for any loss resulting
from failure of electronic or mechanical equipment or communication lines; telephone
or other interconnectivity problems; bugs, errors, configuration problems, or
incompatibility of computer hardware or software; failure or unavailability of
Internet access, problems with Internet service providers with intermediate computer
or communications networks or facilities; problems with data transmission facilities
of your telephone or telephone service; or unauthorized access, theft, operator
errors, severe weather, earthquakes, acts of God, acts of war or labor disputes.
Rentals Inc. is not responsible for any damage to your computer, software,modem,
telephone or other property resulting from your use of the Services.
You further agree that Rentals Inc. shall not be liable to you
or any other third party for any information submitted to you by a renter or prospective
renter or for the suitability of qualification of any renter or prospective renter.
If you elect the Rentals.com rental payment service, we will accept rental payments
from renters on your behalf and admit the proceeds (less any applicable fees)
to you. However, Rentals Inc. is not a collection agency and is not responsible
for pursuing renters on your behalf for rental payments or any other obligation.
18. GENERAL RELEASE
Because Rentals Inc. is not involved in transactions between property managers
and renters or any third parties, if a dispute arises between one or more Web
site or Services users, each of you release Rentals Inc. (and its agents and employees)
from claims, demands, and damages (actual and consequential) of every kind and
nature, known and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with such disputes.
Notices to you may be made by e-mail or regular mail. Rentals.com may also provide
notices of changes to the TOU, Services or other matters by displaying notices
or links to notices to you generally on the Site.
20. GENERAL INFORMATION
The TOU constitute the entire agreement between you and Rentals Inc. and govern
your use of the Services, superceding any prior agreements between you and Rentals
Inc.. You also may be subject to additional terms and conditions that may apply
when you use the Rentals.com Rent Payment Service, other Rentals.com services,
third-party content or third-party software. The TOU and the relationship between
you and Rentals Inc. shall be governed by the laws of the State of California
without regard to its conflict of law provisions. You and Rentals Inc. agree to
submit to the personal and exclusive jurisdiction of the courts located within
the county of San Mateo, California. The failure of Rentals Inc. to exercise or
enforce any right or provision of the TOU shall not constitute a waiver of such
right or provision. If any provision of the TOU is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the provision,
and the other provisions of the TOU remain in full force and effect. You agree
that regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Services or the TOU must be filed within
one (1) year after such claim or cause of action arose or be forever barred. The
section titles in the TOU are for convenience only and have no legal or contractual