Welcome to the RentLingo, Inc. (“Company”) website – www.rentlingo.com – and the rental and roommate listing platform operated by the Company (the “Company Service”). This User Agreement (this “Agreement”) applies to users of the Company Service (collectively or individually “Users”).
BEFORE USING THE COMPANY SERVICE, PLEASE READ THIS AGREEMENT CAREFULLY. By CLICKING ON “ACCEPT”, you acknowledge that you have read, understood, and agree to be bound by thIS AGREEMENT, including without limitation the arbitration provisions and waiver of class action found in sections 17 and 18. If you do not agree to ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN please do not CLICK “ACCEPT,” IN WHICH CASE YOU WILL NOT BE ABLE TO use THE COMPANY SERVICE.
NOTE TO KIDS under 13 years of age: The COMPANY SERVICE is not FOR persons under the age of 13. If you are under 13 years of age, then please do not use the Company Service. Talk to your parents about what sites are appropriate for you.
3. Modification. We reserve the right, at our discretion, to change, modify, add, or remove portions of this Agreement at any time. We will notify you of material changes to this Agreement via e-mail sent to the e-mail address associated with your account. Your continued use of the Company Service more than five (5) days after notice of changes is sent by the Company constitutes your binding acceptance of such changes.
4. Listings and User Submissions.
4.1 The Company Service allows you to post listings seeking renters, sublessees and roommates (“Listings”). You acknowledge that the content of Listings is governed by various laws, rules and regulations (“Laws”) that prohibit discriminatory preferences in housing listings and decisions based on factors such as race, color, religion, sex, handicap, familial status (such as the presence of children) and national origin. Such Laws vary across different states and counties, and discrimination based on sexual orientation, marital status, source of income or other factors may be prohibited in your jurisdiction. Please see www.hud.gov for more information. The Company does not assume any duty to pre-screen, monitor or control the content of any Listings. You acknowledge and agree that each User is solely responsible for ensuring that his/her Listings are compliant with all applicable Laws, that you shall ensure that any Listings you post are compliant with all applicable Laws, and that the Company shall have no liability to you in the event that any Listing violates any applicable Law. You should contact the appropriate authorities if you feel you have been unlawfully discriminated against.
4.2 You hereby represent and warrant that you have the necessary licenses, rights, titles, consents and permissions with respect to all apartments, rooms, houses or other properties associated with your Listings, and that your entry into a lease, sublease or other agreement with respect to such property shall not violate any Law or any contract to which you are bound.
4.3 In addition to Listings, the Company Service may permit the submission and posting of media, audio and video recordings, or other content submitted by you and other users, such as reviews (Listings and such other content, “User Submissions”), and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Company does not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Company to use, all patent, trademark, copyright, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of User Submissions in the manner contemplated by Company and this Agreement, and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by Company and this Agreement.
4.4 For clarity, you shall retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Company, you hereby grant Company a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable, and transferable license to use, sell, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit your User Submissions in connection with the Company Service and Company’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Company Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant to each user of the Company Service a non-exclusive license to access your User Submissions through the Company Service, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted by the functionality of the Company Service and this Agreement. The aforementioned licenses will terminate when User or Company removes User’s Submission(s) from the Company website.
4.5 In connection with User Submissions, you further agree that you will not: (i) submit material that is not authorized by the copyright owner, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post and sell the material and to grant Company all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Company or any third party; (iii) submit material that is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (iv) post any advertisements or solicitations other than Listings; or (v) impersonate another person. Company does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Company expressly disclaims any and all liability in connection with User Submissions. If notified by a user or a content owner of a User Submission that allegedly does not conform to this Agreement, Company may investigate the allegation and determine in good faith and in its sole discretion whether to remove the User Submission, which it reserves the right to do at any time. Additionally, Company may, at any time, refuse to post or remove any User Submission that in the sole judgment of Company violates this Agreement.
4.6 You understand that when using the Company Service you will be exposed to User Submissions from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Company with respect thereto. Company does not control the content of User Submissions and does not have any obligation to monitor such User Submissions for any purpose. If at any time, Company chooses, in its sole discretion, to monitor any User Submissions, Company nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content
4.7 You understand that the User Submissions, whether or not linked or embedded into other websites, are provided to you only on an “as-available” basis and Company does not guarantee that their availability will be uninterrupted or bug free. Company reserves the right to discontinue any aspect of the Company Service at any time, including the right to discontinue the display of any User Submissions or linked or embedded content either generally or specifically.
5. Offers. The Company Service allows the owners or managers of rental properties listed on the Company Service (“Proprietors”) to offer referral fees or other rewards to Users in connection with posting reviews or taking other actions on the Company Services from time to time (“Offers”). With respect to all Offers you may receive or participate in, you hereby acknowledge and agree that: (i) each Offer is subject to the terms and conditions provided in connection with the Offer; (ii) the terms of each Offer is determined by, and the payment or other provision of any referral fee or reward in connection with each Offer is the responsibility of, solely the applicable Proprietor and not Company; (iii) Company is not a party to any Offer and you will not attempt to claim that Company is liable in any way with respect to an Offer; (iv) your eligibility to receive a payment or reward in connection with an Offer may be conditioned upon circumstances outside of your control, such as the decision by one of your Facebook friends to enter into a lease agreement with a certain Proprietor or for a certain rental property, and you hereby assume the risk of such circumstances not occurring; (v) an Offer may only be available to residents of a particular rental property or individuals who meet other stated terms and conditions, and your response to such an Offer constitutes your representation that you are a resident of the property or otherwise meet the stated terms and conditions; (vi) if multiple Users meet the conditions required to earn a referral fee or other reward in connection with an Offer, such referral fee or other reward may be split amongst such Users at the discretion of the Proprietor; and (vii) you will not be eligible to receive the applicable payment or reward in connection with an Offer if you engage in any activity in connection therewith that is false, misleading or in violation of any law, rule or regulation or this Agreement. In addition, you acknowledge and agree that any reviews or other User Submissions or any other activity you undertake in connection with the Company Service that relates to an Offer remains at all times subject to the terms and conditions of this Agreement, and Company shall have no liability to you with respect to any action taken by Company in accordance with this Agreement regardless of whether such action impacts your ability to earn a referral fee or reward under an Offer. Only you are eligible to participate in an Offer that is sent to you, and you agree not to attempt to allow any other User to participate in such an Offer or participate in an Offer that is sent to another User and not to you. Unless otherwise stated in connection with an Offer, any referral fee or other reward payable by a Proprietor to you pursuant to an Offer shall be payable to you by the Proprietor within sixty (6o) days of the last day of the calendar month in which the referral fee or other reward was fully earned under the terms and conditions of the Offer. Referral fees may be paid in the form of a rental credit. You are solely responsible for the determination and payment of any income taxes or other taxes due in relation to any referral fee or other reward you receive in connection with an Offer. If you wish to register a complaint with us regarding a Proprietor in connection with an Offer made by such Proprietor, you may e-mail us at firstname.lastname@example.org.
6. Dealings with Others. You alone are responsible for your involvement with other Users and Proprietors. Company reserves the right, but has no obligation, to monitor disagreements between you and other Users. You acknowledge agree the Company does not broker, lease, or sublease apartments, houses, rooms or other properties, is not a party to any transaction that you may enter into that arises out of a Listing or that otherwise relates to your use of the Company Service, and has no involvement in the negotiation or consummation of any such transaction.
7. Ownership; Proprietary Rights. The Company Service is owned and operated by the Company. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Company Service that are provided by Company (“Company Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. For clarity, Company Materials do not include User Submissions or any other content owned by and submitted by Company Users to the Company Service. All Company Materials contained on the Company Service are the copyrighted property of Company or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Company or its affiliates and/or third-party licensors. Except as expressly authorized by Company, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Company Materials.
8. Prohibited Uses.
8.1 As a condition of your use of the Company Service, you will not use the Company Service for any purpose that is unlawful or prohibited by this Agreement. Access to the Company Materials and the Company Service from territories where their contents are illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the internet, technology, data, email, or privacy.
8.2 You may not use the Company Service in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use of the Company Service. You may not intentionally interfere with or damage the operation of the Company Service or any User’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You may not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Company Service, features that prevent or restrict the use or copying of any content accessible through the Company Service, or features that enforce limitations on the use of the Company Service. You may not attempt to gain unauthorized access to the Company Service, or any part of it, other accounts, computer systems or networks connected to the Company Service, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Company Service or any activities conducted on the Company Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Company Service. You agree neither to modify the Company Service in any manner or form, nor to use modified versions of the Company Service, including (without limitation) for the purpose of obtaining unauthorized access to the Company Service.
8.3 The Company Service may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Company Service for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Company Service.
8.4 You may not utilize framing techniques to enclose any trademark, logo, or other Company Materials without our express written consent. You may not use any meta tags or any other “hidden text” utilizing Company’s name or trademarks without our express written consent.
8.5 You may not deep-link to the Company Service and will promptly remove any links that Company finds objectionable in its sole discretion. You may not use any Company logos, graphics, or trademarks as part of the link without our express written consent.
8.6 You may not send junk mail to other Users, including, but not limited to unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
9. Account Information. You agree that the information you provide to Company upon purchase or member registration and, at all other times, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times.
10. Password. When you register you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password, you will immediately notify Company. You may be liable for the losses incurred by Company or others due to any unauthorized use of your account.
11. User Communications. Under this Agreement, you consent to receive communications from Company electronically. We will communicate with you by email or by posting notices on the Company Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
12. Availability of Service. Company may make changes to or discontinue any of the media, contests, web communities, products, or services available within the Company Service at any time, and without notice. The media, products, or services on the Company Service may be out of date, and Company makes no commitment to update these materials on the Company Service.
13. Notice. Except as explicitly stated otherwise, legal notices shall be served on Company’s national registered agent or to the email address you provide to Company during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration or purchase process. In such case, notice shall be deemed given three days after the date of mailing.
14. Violations; Termination. You agree that Company, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have at the Company Service or your use of the Company Service, and remove and discard all or any part of your account or any User Submission, at any time. Company may also in its sole discretion and at any time discontinue providing access to the Company Service, or any part thereof, with or without notice. You agree that any termination of your access to the Company Service or any account you may have or portion thereof may be effected without prior notice, and you agree that Company shall not be liable to you or any third-party for any such termination. Company does not permit copyright infringing activities on the Company Service, and reserves the right to terminate access to the Company Service, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Company Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Company may have at law or in equity.
15. Disclaimers; No Warranties. THE COMPANY SERVICE AND ANY THIRD-PARTY, MEDIA, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE COMPANY SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
COMPANY, AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT THAT THE FEATURES CONTAINED IN THE COMPANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE COMPANY SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
COMPANY, AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE COMPANY SERVICE IN TERMS OF IT CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT COMPANY NOR ITS SUPPLIERS AND PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, OR OTHERWISE OBTAIN MEDIA, MATERIAL, OR OTHER DATA THROUGH THE USE OF THE COMPANY SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIAL OR DATA.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
16. Indemnification; Hold Harmless. You agree to indemnify and hold Company, and its affiliated companies, and its suppliers and partners, harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Company Service, violation of this Agreement, violation of any Law or the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. Company reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
17. Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE COMPANY MATERIALS ON THE COMPANY SERVICE, THE COMPANY SERVICE ITSELF, OR ANY OTHER INTERACTIONS WITH COMPANY, EVEN IF COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL COMPANY’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE COMPANY SERVICE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN COMPANY AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE COMPANY SERVICE OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE COMPANY SERVICE.
18. Arbitration. Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing herein shall prevent either party from seeking remedies in small claims court of competent jurisdiction.
19. Class Action Waiver. You further agree that anY CLAIMS subject to arbitration under section 17 MUST BE MADE IN YOUR INdividual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
20.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
20.2 Jurisdiction. You agree that any action at law or in equity arising out of or relating to this Agreement or the Company Service shall be filed only in the state or federal courts in and for Santa Clara County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
20.3 Waiver. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
20.4 Severability. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
20.5 Assignment. This Agreement and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction.
20.6 Survival. Sections 1, 2, 4, 5, 6, 7 and 10 through 19 will survive any termination of this Agreement.
20.7 Headings. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof.
20.8 Entire Agreement. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties, or by a change to this Agreement or Guidelines made by Company as set forth in Section 3 above.
20.9 Claims. YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE COMPANY SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
20.10 Disclosures. The services hereunder are offered by RentLingo, Inc., located at 110 Glenn Way Ste #7, San Carlos, CA 94070, email: email@example.com, telephone: (650) 308-4824