Terms of Use
Last Revised: 09/11/2024
Last Revised: 09/11/2024
Welcome to Rent Application, operated by Rent Application Technology Services LLC. The terms “Rent Application”, “us”, or “we” refers to the owners and/or operators of the web pages available at https://learn.rentapplication.net/ and all linked pages (“Website”), whose registered office is 1720 W Division St Unit 51 Chicago, IL 60622. The term “you” refers to any user or viewer of the Website. These Terms of Service (the “Terms”) are entered into between you and Rent Application.
By accessing, browsing, submitting information to and/or using the Website, you agree and acknowledge on your own behalf that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives. If you do not agree to these Terms, please do not use the Services (defined below).
THESE TERMS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT.
Rent Application reserves the right, in our sole discretion, to change these Terms (“Updated Terms”) from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Website or emailing you at the email that you provided to us, and that your use of the Website after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and any Updated Terms before using the Services. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Services from that point forward. These Terms will govern any disputes arising before the effective date of the Updated Terms.
Unless explicitly stated otherwise, any new feature that augments or enhances the current service, including the release/upgrade of new Rent Application properties, shall be subject to these Terms.
The Website is an online platform which provides enables users to send and receive rental applications and review, access, and/or purchase services made available on the Website (collectively with the Website, the “Services”).
Services include, but are not limited to, any service and/or content Rent Application makes available to or performs for you, including but not limited to (1) as a landlord, real estate broker, or property manager of a rental property, receiving rental applications from prospective tenants and receiving credit, criminal, and eviction background screening reports regarding the applicants, and (2) as a potential tenant or other applicant, submitting applications for rental property that you are interested in to the landlord, real estate broker, or property manager, as well as the offering of any materials displayed, transmitted or performed on or through the Services.
Your access to and use of the Services may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair, or any other reason within or outside the control of Rent Application.
We reserve the right to suspend or discontinue the availability of the Services and/or remove any content at any time, at our sole discretion and without any prior notice. Rent Application may also impose limits on certain features and Services or restrict your access to parts or all of the Services without notice or liability.
The Services should not be used or relied upon for storage of any documents (including but not limited to lease applications or background screening reports, and any other information posted or uploaded, collectively referred to herein as “Content”). You are directed to retain your own copies of all Content posted on the Services.
Rent Application grants you a non-exclusive right to access and use the Services and the Content solely for your personal use. You agree to use the Services only for lawful purposes, comply with all rules governing any transactions on and through the Services and comply with applicable laws.
We do not warrant the accuracy, completeness, or usefulness of this information at any particular time. Any reliance you place on such information is strictly at your own risk. Rent Application disclaims all liability and responsibility arising from any reliance placed on such Content by you or any other visitor to our Services, or by anyone who may be informed of any of its contents. Any information you provide or that is collected by Rent Application through the Services shall be handled in accordance with our Privacy Policy, which is hereby incorporated by reference.
Furthermore, while we take certain measures intended to assist users in avoiding potentially fraudulent or other illegal activity, including using third-party identity verification services to help ensure the identity of users before allowing them to use certain interactive features of the Services (such as requesting credit reports or using the electronic payments service), we cannot and do not guarantee the effectiveness of these measures or the accuracy of the identity of any user, even if we have indicated that such user’s identity has been verified. You assume the risk of transacting business with any other user or third-party through the Services and understand that an indication that a user’s identity has been verified means only that the user has provided sufficient information to satisfy the identity verification process of our third party identity verification vendors and that it is not a guarantee of the identity of such person.
As a condition to using the Services, you are required to open an account with Rent Application and select a username and password, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.
You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your account. You agree to notify Rent Application immediately of any unauthorized use of your account. Rent Application is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.
You must be 18 years of age or older to use the Service. You represent and warrant that any profile information you submit is true and accurate and that you are 18 years of age or older and are fully able and competent to enter into, and abide by these Terms. The Service is not intended for those under the age of 18. Use of the Service is void where prohibited.
As a condition of use, you agree not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Rent Application. By way of example, and not as a limitation, you agree not to use the Services:
To report a suspected abuse of the Services or a breach of the Terms, please send written notice to Rent Application at email: support@rentapplication.net.
You are solely responsible for your interactions with other users of the Services. Rent Application reserves the right, but has no obligation, to monitor disputes between you and other users.
You may have the opportunity to receive SMS or “text” messages, pre-recorded voice messages or auto-dialed phone calls from Rent Application. Such messaging may be used to authenticate your identity or mobile device, as well as provide you informational updates about services or products you may have requested. In providing your mobile device number or cell phone number to Rent Application, you knowingly consent to such communications from or on behalf of Rent Application or for Rent Application to use your cell phone number or mobile device number in accordance with Rent Application’s Privacy Policy. In providing your number and accepting these Terms, you represent that you have the authority to agree to receive text messages at the telephone number that you provide to Rent Application, or from which you sent the text message request to us. You further acknowledge that no purchase is required to opt into this service, and you may opt out at any time by following instructions provided in our communications to you.
Not all mobile devices or handsets may be supported by this service. Rent Application and any mobile carriers are not liable for delayed or undelivered messages. Message and data rates may apply to any text messages. Message frequency depends on the nature of your request. You hereby agree to be responsible for all costs, charges and fees you incur from your service or device provider as a result of choosing to receive such messages from Rent Application.
We use Stripe, Inc. (“Stripe”) to collect and process any payment information. By using the Services, you grant us and Stripe the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution, and you agree to your personal and financial information being transferred, stored, and processed by Stripe in accordance with the Stripe Privacy Policy, as applicable.
You may use the Services to make or receive payments. We are not a party to payment transactions between users (e.g. between tenants and landlords/real estate brokers), we never take custody of money transferred between users, and we are not responsible for what recipients do with payments made through the Services. Such services are subject to our My Payment Terms of Use.
We allow landlords, real estate brokers, and other property managers to request a credit report and/or a background check report from prospective tenants through the Services. We also allow prospective tenants to submit applications for rental property. When a landlord or real estate broker makes such a request, the prospective tenant will then consent to and approve Rent Application to run a credit report and/or background check report and to share it with the requesting landlord or real estate broker. To provide this service, we may ask for your Social Security Number and other personally identifying information (such as information about other creditors you have had), which we will share with our third-party credit reporting agencies for the purposes of preparing and sharing reports and verifying your identity, and which we will not store (except on a temporary basis) or use for any other purpose.
If you are a landlord or real estate broker requesting a credit report or a background check report from a prospective tenant:
If you are a tenant approving a credit report or background check report:
Credit-report and background check-report functionality is provided by our third-party credit reporting agencies and may not be available for all users or at all times for various reasons, including reasons beyond our control or about which we may not have specific information. If you are unable to order, approve, share, request, or view a credit report or background check report using the Services, you should contact the person requesting or being asked to provide the report via the contact information provided through the Services to discuss the matter directly. You may also contact us at support@rentapplication.net for assistance.
We are not a credit bureau and do not control the content of credit reports, including reports obtained through the Services. We are NOT responsible for the content of any credit report or background check report or any credit score, whether correct or incorrect. Credit reports and background check reports can contain information that is incorrect, incomplete, or not up to date, and reports are not a substitute for carefully reviewing and independently verifying all information contained in a rental application and interviewing a prospective tenant. If you believe that any information contained in your credit report or background check report is inaccurate or incomplete, you have the right to dispute it. To dispute the content of your credit report or background check report, please contact us via email at support@rentapplication.net.
IF YOU POST A PROPERTY THROUGH THE SERVICES OR REQUEST APPLICATIONS FOR A SPECIFIC RENTAL PROPERTY, YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE THE PROPERTY OWNER FOR SUCH PROPERTY BEING POSTED, OR THE DULY AUTHORIZED AGENT OR REPRESENTATIVE OF SUCH PROPERTY OWNER.
The Services may contain links to websites and platforms controlled or operated by persons and companies other than Rent Application (“Linked Sites”). Linked Sites are not under the control of Rent Application, and Rent Application is not responsible for the contents of any Linked Site, including without limitation any link contained on a Linked Site, or any changes or updates to a Linked Site. Rent Application is not responsible if the Linked Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Linked Site. Rent Application is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Rent Application of the site or any association with its operators. You are responsible for viewing and abiding by the privacy policies and terms of use posted on the Linked Sites. You are solely responsible for any dealings with third parties who support Rent Application or are identified in the Services, including any delivery of and payment for goods and services.
You acknowledge that your access and use of any third-party applications or software on the Services and Content (the “Third-party Applications”) is at your discretion and risk, and Rent Application has no liability to you arising from your use of the Third-party Applications. Rent Application hereby disclaims any representation, warranty, or guaranty regarding the Third-party Applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third-party Applications, and you agree to indemnify and hold Rent Application harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with your use or performance of the Third-party Applications.
The Services and Content are protected by copyrights, trademarks, or are subject to other proprietary rights. Accordingly, you are not permitted to use the Services or Content in any manner, except as expressly permitted by Rent Application in these Terms. The Services and Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of Rent Application or applicable owner.
Copyright. You should assume that everything you see or read on the Services is copyrighted unless otherwise noted and may not be used without the written permission of Rent Application. Rent Application neither warrants nor represents that your use of materials displayed on the Services will not infringe the rights of third parties. Content, images, photographs, data, or illustrations displayed on the Services is either property of, or used with permission by, Rent Application. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Services. Any unauthorized use of any content, images, photographs, or illustrations may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Trademark. Nothing contained on the Services should be construed as granting or conveying, by implication, or otherwise, any license or right to use any trademark displayed on the Services without the written permission of Rent Application or such third party that may own a trademark displayed on the Services. Your misuse of Rent Application’s trademark(s) displayed on the Services, or any other Content on the Services, except as provided herein, is strictly prohibited.
Your Content. Any Content you create or own or to which you have a license and use on the Services is “Your Content”. In sharing Your Content on the Services, you warrant and represent you have the legal right to use Your Content and grant Rent Application an irrevocable, royalty-free, fully paid up, worldwide, non-exclusive license to use Your Content in providing any Services as described in these Terms and in any posted policies on the Services. The Services may also provide you with features like photo thumbnails, previews, easy sorting, editing, sharing, creating templates, and searching. These and other features may require Rent Application systems to access, store, and scan Your Content. You may also be able to share Your Content with others, so please think carefully about what you share.
You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on the Services. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, Rent Application or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
Questions regarding the use of any intellectual property provided on the Services should be directed to support@rentapplication.net.
We welcome inquiries or feedback on the services or products you might use or like to use. Any inquiries, feedback, suggestions, or ideas you provide to us (collectively, “Feedback”) will be treated as non-proprietary and non-confidential. Your Feedback on or through this Services may be available to others who visit this Services. In addition, we may use your Feedback in advertising campaigns and other promotions. We may or may not use your name in connection with such use, and we may or may not seek your consent before using the Feedback for such purposes. Therefore, you should have no expectation of privacy with respect to your Feedback on or through this Services. You should not submit any Feedback you do not wish to make available to the general public, and you must take special care to make sure your Feedback comply with these Terms. In particular, your Feedback must not violate the privacy or other rights of others. You may not use false identifying information or contact information, impersonate any person or entity, or otherwise mislead us as to the origin of any Feedback.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at support@rentapplication.net.
Rent Application provides the Services for use only by persons located in the United States. We make no claims that the Services or any of its contents are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries.
EXCEPT AS MAY OTHERWISE BE EXPRESSLY PROVIDED IN THESE TERMS, ALL INFORMATION, CONTENT, OR SERVICES PROVIDED BY RENT APPLICATION TO YOU VIA THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. RENT APPLICATION AND ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, RENT APPLICATION AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE SERVICES OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT RENT APPLICATION AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE SERVICES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER RENT APPLICATION NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. RENT APPLICATION FURTHER MAKES NO WARRANTY THAT THE SERVICES WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT RENT APPLICATION, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE SERVICES OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST RENT APPLICATION FOR DISSATISFACTION WITH THE SERVICES OR THE CONTENT IS TO CEASE YOUR USE OF THE SERVICES AND/OR THE CONTENT.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.
RENT APPLICATION AND ITS AGENTS MAKE NO RE PRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR A C OURSE OF PERFORMANCE, WITH RESPECT TO ANY CONSUMER REPORTS INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY CONSUMER REPORT, THAT SUCH CONSUMER REPORT WILL MEET YOUR NEEDS, OR THAT SUCH CONSUMER REPORT WILL BE PROVIDED ON AN UNINTERRUPTED BASIS, AND RENT APPLICATION AND ITS AGENTS EXPRESSLY DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES.
The Services may provide you with general legal information and access to certain self-help, “fill in the blank” forms (the “forms“), including adverse action forms. All such information and forms are provided as-is and without any warranties, express or implied. In providing such information and forms you agree that we are not providing you with legal advice and we are not engaged in the practice of law. You understand that the information and forms may not be tailored to your specific needs and are not a substitute for legal advice from qualified counsel. Without limiting the foregoing, you acknowledge that the information and forms made available through the Services may not reflect recent developments in the law, may not be complete, and may not be accurate in or applicable to your jurisdiction. Because such information and forms are general in nature and may not pertain to your specific circumstances, you should not act or refrain from acting based solely on any such information or forms or without first obtaining advice from professional counsel qualified in the applicable subject matter and jurisdiction. You are advised to always verify the appropriateness of any form in light of your state and local laws, court decisions, and statutory changes, and to consult with your own legal counsel for advice and to ensure that the forms are properly used. If you have any questions about how to fill out or use any forms, it is important that you consult with your legal counsel. No user shall have any claim against us or any other party in connection with such user’s use of the forms. Users use the forms at their own risk and shall hold us harmless with respect thereto. Any disputes arising out of or related to any forms are solely between the parties that used such forms and must be resolved outside of the Services.
UNDER NO CIRCUMSTANCES SHALL RENT APPLICATION OR ANY OF ITS THIRD-PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE SERVICES, OR THE DATA, CONTENT OR INFORMATION ACCESSED VIA THE SERVICES OR ANY HYPERLINKED WEBSITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE SERVICES, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF RENT APPLICATION OR ITS THIRD-PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY ACCESSING THE SERVICES SUBJECT TO THESE TERMS, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.”
SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. IN ANY CASE, RENT APPLICATION’S AND ITS LICENSORS’ ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS WILL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).
You agree to defend, indemnify and hold harmless Rent Application and its affiliates, directors, officers, employees, and/or agents (collectively, “Company Indemnitees”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) that may be incurred by any of Rent Application Indemnitees arising out of or relating to Your Content, your violation of these Terms, your violation of any applicable laws, rules or regulations in connection with the Services, or from any other misuse of the Services. You agree that in the event any claim, allegation, suit or similar proceeding is commenced by a third party against any of Rent Application Indemnitees, that you will pay for the defense thereof, including reasonable attorneys’ fees and costs. Notwithstanding any of the foregoing, Rent Application reserves the right to assume the exclusive defense and control of any proceeding that relates to Rent Application, the Services, or any aspects thereof, whether or not subject to indemnification hereunder, and in such case you will cooperate fully with Rent Application in our defense thereof.
Rent Application may terminate or suspend any and all Services and/or your Rent Application account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease.
If you wish to terminate your Rent Application account, you may simply discontinue using or accessing the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
It is your responsibility to remove all Content from your account you wish to keep prior to termination. Upon termination of your account Rent Application offers no guarantee regarding the availability of any Content that was previously stored in that account.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
If a dispute arises, our goal is to provide you a neutral and cost-effective means to resolve it quickly. Most disputes can be resolved informally. Before filing a claim against us, you agree to try to resolve the dispute by contacting us via email at support@rentapplication.net. Before we file a claim against you, we agree to contact you at the email address associated with your account, or if you have not established an account then at your preferred communications method. If the dispute is not resolved within 60 days of notice, either you or we may bring a formal proceeding pursuant to the following procedures:
A. GENERAL. YOU AGREE THAT YOU AND RENT APPLICATION WILL RESOLVE THROUGH BINDING ARBITRATION ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN US ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES OR YOUR USE THEREOF, INCLUDING THESE TERMS (collectively, “ARBITRAL CLAIMS”), with a few exceptions set forth below. The arbitrator, and not any court, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate, including any claim that all or any part of this Agreement to Arbitrate is void or voidable, or whether a claim is subject to arbitration.
ARBITRATION IS DIFFERENT FROM COURT. THE RULES, INCLUDING DISCOVERY, ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION, AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO LIMITED REVIEW BY A COURT. YOU UNDERSTAND THAT ABSENT THIS MANDATORY PROVISION, YOU MAY HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
B. ARBITRATION SERVICES AND RULES. The American Arbitration Association (“AAA”) will administer the arbitration using the AAA procedures and rules in effect on the date the Arbitration is filed (“AAA Rules”). In the event the AAA Rules are inconsistent with this Agreement to Arbitrate, this Agreement will prevail. AAA is independent from us, and you may obtain copies of the current AAA Rules, and other related materials, including forms and instructions for initiating arbitration, by contacting AAA at http://adr.org. Unless otherwise prohibited by applicable law, and except for New Jersey residents, any claim must be filed within two (2) years from the date on which such claim arose or accrued.
C. LOCATION OF ARBITRATION. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules, and any in-person hearing will be held in Chicago, Illinois or any other location you and we mutually agree to.
D. EXCEPTIONS TO ARBITRAL CLAIMS. Either you or we may bring claims to enforce intellectual property rights, or in response to any allegations or charges of criminal activity, without first engaging in arbitration or the informal dispute resolution described in this Section.
E. CLASS ACTION WAIVER. YOU AND RENT APPLICATION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE WITH US THAT NEITHER YOU NOR WE WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; THAT NEITHER YOU NOR WE WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE; AND BOTH PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable or that arbitration can proceed on a class basis, then this Agreement to Arbitrate shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
F. PAGA WAIVER. TO THE EXTENT PERMISSIBLE BY LAW, THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD OR ARBITRATED ON A GROUP BASIS OR IN ANY ACTION IN WHICH A PARTY SEEKS TO REPRESENT OTHER INDIVIDUAL(S) IN A PRIVATE ATTORNEY GENERAL ACTION (“PAGA WAIVER”). PAGA CLAIMS MAY ONLY BE ARBITRATED ON AN INDIVIDUAL BASIS. If any court or arbitrator determines that the PAGA Waiver set forth in this paragraph is void or unenforceable, then this clause shall be deemed null and void in its entirety, but the remaining clauses herein shall survive unless a court or arbitrator determines otherwise.
G. NO RIGHT TO JURY TRIAL. YOU AND RENT APPLICATION ALSO HEREBY WAIVE THE RIGHT TO A JURY TRIAL EVEN IF THIS AGREEMENT TO ARBITRATE IS HELD NOT TO APPLY. YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL IN THE EVENT THAT EITHER PARTY SELECTS ARBITRATION TO RESOLVE THE DISPUTE UNDER THIS AGREEMENT.
H. 30 DAY OPT OUT RIGHT. You have the right to opt-out and not be bound by the arbitration and the class action waiver provisions set forth herein by sending written notice of your decision to opt-out by email to support@rentapplication.net. For new users, the notice must be sent within 30 days of registering with Rent Application, and for existing users, the notice must be sent within 30 days of the effective date of this policy. If you do not opt-out, you shall be bound to the terms in this Section. If you choose to opt-out, we will also not be bound.
Any cause of action or claim you may have arising out of or relating to these Terms or the Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
These Terms are governed by the laws of the State of Illinois in the United States of America without regard to its conflict or choice of laws provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts in Chicago, Illinois in all disputes arising out of or relating to the use of the Services. The parties have required that this agreement and all documents related to this agreement be drawn up in English. As to any ambiguities resulting from translation from English to any other language, provisions in the English language shall be controlling in all respects.
IF YOU ARE A LANDLORD, REAL ESTATE BROKER, OR ARE OTHERWISE SUBJECT TO THE FAIR HOUSING ACT, YOU ARE EXCLUSIVELY RESPONSIBLE FOR ADHERING TO THE FAIR HOUSING ACT (see https://www.justice.gov/crt/fair-housing-act-1) AS WELL AS ANY STATE OR LOCAL LAWS. WE ENCOURAGE YOU TO SEEK LEGAL COUNSEL REGARDING COMPLIANCE WITH SUCH LAWS. UNDER NO CIRCUMSTANCES SHALL WE PROVIDE GUIDANCE REGARDING COMPLIANCE OR OTHERWISE ASSUME LIABILITY FOR FAIR HOUSING ACT OR OTHER HOUSING LEGAL COMPLIANCE.
Rent Application may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by Rent Application. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms. Your continued use of the Services after any such change is communicated shall constitute your consent to such change(s).
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Rent Application as a result of these Terms or use of the Services. You may not assign these Terms without the prior written consent of Rent Application in all instances. Rent Application may assign these Terms, in whole or in part, at any time. Rent Application’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Rent Application’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Rent Application with respect to such use.
Rent Application shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).
If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.
These Terms, including the Privacy Policy and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and Rent Application with respect to the Services, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Rent Application. A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Please send any questions or comments, or report any violations of these Terms, to support@rentapplication.net.