(May 17, 2017)
RentPath, LLC, the parent company of Rent.com (“RentPath”), has revised the Rent.com Terms of Service to add certain provisions relating to User Content, the use and access of the site, remedies for violation of the Terms of Service and resolution of disputes. The revised terms are found in Sections 3, 5, 21, 25 and 29.
PLEASE NOTE THAT THESE MODIFICATIONS ARE EFFECTIVE IMMEDIATELY FOR USERS OF THE WEBSITE OR APPLICATION ON OR AFTER MAY 17, 2017.
WE URGE YOU TO CAREFULLY REVIEW THE FULL TERMS OF SERVICE. BY USING THE WEBSITE OR APPLICATION, YOU CONSENT TO ALL SUCH TERMS AS MODIFIED.
Thank you for using our services available at www.Rent.com (“Rent.com” or the “Website”) or in downloadable mobile applications. The following terms and conditions (the “Terms of Service”) apply to your use of Rent.com and related mobile applications. By using Rent.com, you explicitly accept these Terms of Service. We strongly recommend that, as you read these Terms of Service, you also access and read the information contained in the other pages and websites referred to in these Terms of Service, as they may contain further terms and conditions that apply to you. Underlined words and phrases are links to these pages and websites. The term “Agreement” means the agreement formed between you and us pursuant to these Terms of Service, the Equal Housing Opportunity Policy and any other terms and conditions posted on Rent.com, and any other written agreement between you and us, as the same may be modified from time to time, all of which are incorporated herein by reference.
Rent.com is a technology platform owned and operated by RentPath, LLC. The rental advertisements and related services posted on Rent.com are procured and provided by RentPath and/or its subsidiaries and affiliates. All references to “Rent.com” include RentPath and its subsidiaries and affiliates. In the case of any violation of our Agreement, RentPath and its affiliates (collectively, “Rent.com” or “we,” “our” or “us”), reserve the right to seek all remedies available by law and in equity for such violations, including termination of your use of Rent.com. For the purposes of this Agreement, the term “Website” may, at our option, include any current or future co-branded websites, affiliated websites, private-label websites, and/or other websites in which Rent.com currently participates or may participate in the future with regard to advertising services.
By submitting communications, photos, data, information, reviews/opinions or any other content (“User Content”) to Rent.com or the Website, you are (i) authorizing us to use such User Content (including, where applicable, your name, image and likeness) and (ii) granting us a limited, non-exclusive, royalty-free, sublicensable, irrevocable right and license to copy, use, distribute, reproduce, modify, display, perform, create derivative works from, store and otherwise use such User Content, in any media known now or in the future. You represent and warrant that you have sufficient rights in the User Content to make this grant. You understand and agree that User Content submitted through the Website is not confidential or proprietary.
Rent.com provides certain opportunities for you to provide opinions or reviews (“User Commentary”). User Commentary must not violate these Terms of Service (especially as set forth below under No Unlawful or Prohibited Use). In addition, you represent and warrant that User Content and User Commentary submitted by you does not:
Rent.com does not endorse the accuracy or reliability of any User Commentary, and User Commentary does not reflect the views of Rent.com. RENT.COM ACCEPTS NO LIABILITY WHATSOEVER FOR USER CONTENT OR USER COMMENTARY.
Consumers searching for a residential rental property (“Renters”) may search Rent.com for available rental properties at no charge.
Subject to the restrictions in these Terms of Service, Rent.com hereby authorizes you to view, copy, download and print a single copy of the information and data (“Content”) available on Rent.com, provided that: (1) the Content is used solely for personal, noncommercial purposes; (2) the Content is not modified, republished, or redistributed; and (3) all copyright, trademark, service mark and other proprietary notices are reproduced as they appear in any such Content. Without limiting the generality of the foregoing, as a Renter, you are only permitted to use Rent.com to search for properties, communicate with advertisers/properties, and utilize other rental-related services offered by us. Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark or copyright of Rent.com.
Notwithstanding the grant of access conferred in Section 4, Rent.com expressly and without limitation revokes the right of any competitor, including competitors of Rent.com, RentPath or its affiliates, to access the Website in any way and for any purpose, including, but not limited to, through employees, officers, directors, third party agents, affiliates, or independent contractors. If you are a Rent.com competitor, or a competitor of any RentPath affiliate, you acknowledge that you are accessing the Website without legal authorization, and agree to immediately discontinue such access, and to direct all parties within your control or under your direction, including, but not limited to, employees, officers, directors, third party agents, affiliates, or independent contractors, to cease accessing the Website on your behalf, or for your benefit.
Our listings contain phone numbers through which you may contact our advertisers. We have an agreement with a third-party provider (the “Call Servicer”) allowing properties listed on Rent.com to be assigned a unique phone number as part of their listing and to use call measurement and monitoring services, for purposes of quality assurance, customer service and analytics, via the Call Servicer’s telecommunications network.
You agree to indemnify and hold harmless Rent.com, its affiliates and its and their respective employees, representatives, agents and suppliers (“Rent.com Indemnitees”) against any claim, suit, action, or other proceeding brought by anyone, including claims by the properties or Rent Payment Service Provider, in connection with your use of the Online Rent Payment Services, including but not limited to: (i) your use or someone using your computer or your account; (ii) a violation of any agreement between you and the Rent Payment Service Provider or you and the rental property, whether such violation is by you or anyone using your computer; (iii) a claim regarding the amount paid or received using the Online Rent Payment Service; or (iv) a claim regarding the date payment is made or received. You agree to pay any and all costs, damages, and expenses incurred by Rent.com Indemnitees arising out of such claims, suits, actions or other proceedings, including, without limitation, reasonable attorneys’ fees and costs, and awards in connection with (that is, against, or arising from, or otherwise incurred by) any such claim, suit, action, or proceeding attributable to any such claim. Rent.com cannot and will not be liable for any damage or loss arising from your failure to comply with the terms of service of the Rent Payment Service Provider or you following any links to third-party sites.
IN ADDITION TO THE GENERAL DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY APPLICABLE TO THE ENTIRE WEBSITE, TO THE EXTENT LEGALLY PERMITTED WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ONLINE RENT PAYMENT SERVICES AND THE RENT PAYMENT SERVICE PROVIDER. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE ONLINE RENT PAYMENT SERVICE IS PROVIDED BY RENT PAYMENT SERVICE PROVIDER AND NOT BY US. WE ARE NOT RESPONSIBLE FOR ANY PART OF THE ONLINE RENT PAYMENT SERVICE AND HEREBY DISCLAIM ANY AND ALL LIABILITY IN THAT REGARD. THE ONLINE RENT PAYMENT SERVICES ARE DESIGNED SUCH THAT RENT.COM DOES NOT RECEIVE THE RENTER’S METHOD OF PAYMENT (WHETHER CREDIT CARD NUMBER, DEBIT CARD NUMBER OR OTHER BANKING DETAILS). BY AGREEING TO USE THE ONLINE RENT PAYMENT SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU ARE ACCESSING THEM AT YOUR SOLE RISK AND YOU HEREBY RELEASE RENTPATH AND ALL ITS AFFILIATES FROM ANY AND ALL LIABILITY RELATING TO THE ONLINE RENT PAYMENT SERVICES.
Listings appearing on Rent.com may contain coupons or other promotional offers, such as rent or move-in special offers (“Coupons”). You may only redeem Coupons if you are 18 years of age or older. You can only redeem Coupons during the promotional period, while supplies last, and any unredeemed Coupon will not have any cash value. Coupons may only be redeemed for the specific property being advertised and no substitution is permitted. You will be subject to the terms, conditions and restrictions mentioned in the Coupon in addition to these Terms.
Unless otherwise set forth in the Coupon, permitted by the advertising property, or required under applicable law, the following additional restrictions apply: You cannot redeem the Coupon in combination with other discounts, promotions or offers; and you cannot duplicate use, sell or trade a Coupon. The Coupon will be void if you attempt to redeem it in violation of the terms of the Coupon or these Terms.
IN ADDITION TO THE GENERAL DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY APPLICABLE TO THE ENTIRE WEBSITE, WE DISCLAIM ANY AND ALL WARRANTIES AND LIABILITY AS TO ANY ADVERTISING PROPERTY OR THE PRODUCTS OR SERVICES THAT IT OFFERS. RENT.COM DISCLAIMS ALL WARRANTIES OF QUALITY, SAFETY, USABILITY, MERCHANTABILITY OR FITNESS OF ANY UNDERLYING PRODUCT OR SERVICE REDEEMED BY YOU IN CONNECTION WITH ANY COUPON. AS BETWEEN RENT.COM AND YOU, YOU AGREE THAT YOU ARE USING THE ADVERTISING PROPERTY’S COUPON AT YOUR SOLE RISK.
Except as otherwise stated herein, none of the Content on the Website or our mobile application may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior written consent of Rent.com.
The term “Rent.com” and any other trademarks, trade names, logos and service marks, including Rent.com and RentPath (collectively, the “Marks”), displayed on Rent.com are the property of Rent.com, RentPath or other third parties. You are not permitted to copy or otherwise use these Marks without the prior written consent of Rent.com or such other owner.
Rent.com may contain robot exclusion headers. Much of the information on Rent.com is proprietary or is licensed to Rent.com by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our prior written consent. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, use, reproduce, modify, create derivative works from, distribute or display any content provided by Rent.com without the prior written consent of Rent.com and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of Rent.com or any activities conducted on Rent.com; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to Rent.com.
As a condition of your use of Rent.com, you agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and any related activities. You warrant that you will not use Rent.com in any way prohibited by these terms, conditions and notices. In addition, you will not:
Rent.com complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512). If you believe that your work has been copied and has been posted to the Website or our mobile applications in a way that constitutes copyright infringement, please provide our copyright agent the following written information:
Before sending a notice to us, you should confirm that you are the copyright owner or have rights to the copyright which the DMCA requires. Contact information for our copyright agent for notice of claims of copyright infringement is provided below.
Via email to: firstname.lastname@example.org or via mail to:RentPath, LLC
We are licensed as a Real Estate Broker in those states where we believe it may be necessary to do so in order to comply with state regulations. While we are licensed in certain states, we do not render legal, brokerage, or other professional advice or services to advertiser clients or users of the Website, and we do not participate in any negotiations with respect to lease transactions. When a renter uses Rent.com's service, we may pay that renter a bonus or some other valuable consideration or allow that renter to enter into promotion(s) then being sponsored by Rent.com.
Notwithstanding the above disclaimer, we are licensed to conduct real estate brokerage activity under the following state licenses:
|Arizona||C0657573000||Viva Group Brokerage, Inc|
|Arkansas||PB 00053945||Viva Group Brokerage, Inc|
|California||1959999||Viva Group Brokerage, Inc.|
|Florida||CQ-1011272||Viva.com Realty Brokerage, LLC (FL)|
|Georgia||H-66526||Viva Group Brokerage, Inc.|
|Indiana||LC10100045||Viva Realty Indiana, LLC|
|Iowa||F05762000||Viva Group Brokerage, Inc.|
|Minnesota||40417744||Viva Group Brokerage, Inc.|
|Mississippi||20994||Viva Group Brokerage, Inc.|
|Missouri||2014029086||Viva Group Brokerage, Inc.|
|New Hampshire||57795||Viva Group New Hampshire, LLC|
|New York||10311205184||Viva Group Brokerage, Inc.|
|North Carolina||C25932||Viva Group Brokerage, Inc.|
|Oregon||201211280||Viva Group Brokerage, Inc.|
|South Carolina||78505||Viva Group Brokerage, Inc.|
|South Dakota||11222||Viva Group, LLC|
|Tennessee||262797||Viva Group Brokerage, Inc.|
|Texas||9003687||Viva Group Brokerage, Inc.|
|Virginia||0226 005963||Viva VA PA, LLC|
|Washington||19769||Viva Group Brokerage, Inc.|
|West Virginia||WV0020153||Viva Group Brokerage, Inc.|
|Wisconsin||835422-091||Viva Group, LLC|
We are located at:950 East Paces Ferry Road, NE Suite 2600
Rent.com may contain links to websites operated by parties other than Rent.com. Such hyperlinks are provided for reference only. Rent.com does not control such websites and is not responsible for their content. Rent.com’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. If you decide to access any of the third party sites linked to this website, you do so entirely at your own risk.
ALTHOUGH RENT.COM HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE WEBSITE AND OUR MOBILE APPLICATIONS, RENT.COM ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION. ALL INFORMATION PROVIDED ON RENT.COM IS PROVIDED “AS IS” WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. RENT.COM HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, EXCEPT TO THE EXTENT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
NEITHER RENT.COM, NOR ITS PARENT, AFFILIATES, OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR ANY RENT.COM ADVERTISEMENT, OR DAMAGES FROM THE USE OF OR RELIANCE ON THE INFORMATION PRESENT ON RENT.COM, EVEN IF RENT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Rent.com reserves the right in its sole discretion to improve, modify or remove any information or content appearing on the Website or mobile applications. Rent.com may discontinue or revise any or all aspects of the Website or mobile applications in its sole discretion and without prior notice. Without limiting the foregoing, Rent.com reserves the right to change the terms and conditions under which this Website or mobile applications are offered at any time. Rent.com will provide notice of and the effective date of such changes. It is your responsibility to check terms and conditions of this Agreement at the time of each use.
Because Rent.com is an advertising venue, in the event that you have a dispute with a property/advertiser, you release Rent.com, RentPath and its affiliates (and its respective officers, directors, agents, subsidiaries, joint ventures 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. If you are a California resident, you waive California Civil Code §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 understand and agree that any individual or entity, including, but not limited to, employees, officers, directors, third party agents, affiliates, or independent contractors of such individuals or entities, that violates any term of these Terms of Service, including, but not limited to, accessing the Website without authorization, or in excess of the authorization granted by these Terms of Service, is precluded from enforcing, agrees not to enforce, and covenants not to sue to enforce, any provision in any contract governing the use of any individual or entity’s website, including, terms and conditions, Terms of Service, and terms of service, asserted by such individual, entity, or any affiliate thereof, as binding on Rent.com, RentPath, or any of their affiliates.
Rent.com operates a platform for properties desiring to advertise residential rental properties with available units, and the advertisements on Rent.com are based on information provided by the properties. Accordingly, Rent.com is not responsible in any way for the content in any such advertisements, nor is Rent.com responsible for any actual lease transaction between a potential Renter and a property. Users should visit our Online Rental Safety Guide for renting tips. Rent.com is licensed as a real estate broker in certain U.S. States; however, Rent.com does not render legal, brokerage, or other professional advice or services to its customers (Renters or Properties).
Without limiting the generality of the foregoing, you acknowledge and agree as follows:
You will indemnify and hold us (and our officers, directors, agents, affiliates, subsidiaries, joint ventures and employees), harmless from any cost, liability, charge, penalties, claim or demand, including reasonable attorneys’ fees, court costs, and other costs of collection, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party, or incurred by us as a result of your default under this Agreement.
If a dispute arises between you and Rent.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Rent.com agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a “Claim”) in accordance with the subsections below or as we and you otherwise agree in writing.
Except as explicitly stated otherwise, notices should be sent to us at the following address:RentPath, LLC
We will send notices to the email address you provide to Rent.com either (i) when you complete a property contact form or (ii) when you register with Rent.com. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
If you accessed or downloaded our mobile application through the Apple App Store, it is an “App Store Sourced Application” for purposes of these Terms of Service, and you will use the App Store Sourced Application only: (i) on an Apple-branded product; and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. We reserve all rights in and to the App Store Sourced Application not expressly granted to you under these Terms of Service.
You acknowledge and agree that (i) these Terms of Service are valid between you and us only, and not Apple Inc., and (ii) we, not Apple, are solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will, where applicable, refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between us and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
You and we acknowledge that, as between us and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and we acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between us and Apple, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries relating to your license of the App Store Sourced Application, and that, upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce the rights under these Terms of Service as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
Without limiting any other provisions of these Terms of Service, you must comply with all applicable third-party agreements when using the App Store Sourced Application.
Last updated: May 17, 2017.
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