2. License and restrictions
3. The service
This web site and the services provided to you on and via this web site are provided on an "AS IS" basis. You agree that Rentalfy reserves the right to modify or discontinue provision of this web site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you, Rentalfy will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information. Rentalfy’s rights under this Section include, but are not limited to, the right to temporarily discontinue the availability of the Software on any day and time in order to implement maintenance and upgrades to the Services. You agree that Rentalfy shall not be liable to you or to any third party for any modification, suspension or discontinuance of the availability of the Services.
4. Your responsibilities and registration obligations
5. Registration and password
You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify Rentalfy of any unauthorized use of your user account, user name or password.
6. Your conduct
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("content"), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. Rentalfy will not be responsible to you in any way for content displayed in this web site, nor for any error or omission.
By using this web site or any service provided, you explicitly agree that:
(a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this web site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
(b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
(c) you will not collect or harvest any information about other users;
(d) you will not provide, and you will not use this web site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this web site to promote or operate any service or content without Rentalfy’s prior written consent;
(e) you will not provide any content that may give rise to Rentalfy being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including -- but not limited to -- laws relating to copyrights, trademarks, patents, trade secrets or other intellectual property rights;
(f) you will not send or receive what we reasonably believe to be fraudulent funds;
(g) you will not use the Rentalfy Services to conduct business in a manner that results in or may result in disputes, complaints, fees, reversals, chargebacks, claims, fines, penalties, or other liability to Rentalfy, third parties, other Users, or to you;
(h) you will not take or participate in any actions constituting credit card fraud, check fraud, money laundering, or use the Service to take a cash advance from your credit card;
(i) you will not take any action that may cause us to lose any of the services from our service providers, payment processors, or other suppliers;
(j) you will not use any robot, spider, other automatic software or device, or manual process to monitor or copy the Services or any content or information offered in connection with the Services without Rentalfy’s prior written consent;
(k) you will not reproduce, duplicate, copy, download, sell, resell, or otherwise exploit the Services, or any portion thereof, for commercial purposes without Rentalfy’s prior written consent;
(l) you will not make any use of the trademarks, service marks, trade names, logos, and graphics used in connection with the Services without Rentalfy’s prior written consent;
(m) you will not remove, decompile, disassemble, reverse engineer, or create compilations or derivative works of the Services or any portion thereof;
(n) you will not use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities, or users of the Services; and
(o) you will not hold Rentalfy liable for the violation of the above terms or any other illegal activity not foreseen at this time.
7. Submission of content in this web site
By providing any content to this web site:
(a) you agree to grant Rentalfy a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant Rentalfy the license specified in this section;
(c) you acknowledge and agree that Rentalfy will have the right (but not obligation), at Rentalfy’s entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.
All required notices shall be in writing and shall be delivered to the address notified by the parties to each other by a means evidenced by a delivery receipt, by facsimile, or by e-mail. Notice shall be deemed to have been given upon (i) personal delivery; (ii) the second business day after mailing; (iii) 48 hours after sending by confirmed facsimile; or (iv) 48 hours after sending by e-mail. Notices to Rentalfy shall be addressed to the attention of its President.
Your use of the Services is independent of Rentalfy and not as an employee, agent, partner, or joint venture with Rentalfy for any purpose.
10. Third-party services
Goods and services of third parties may be advertised and/or may be made available on or through this web site. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. Rentalfy will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.
12. Payments and fees
To use the online bill payment service, you must pass identity verification to be eligible to accept payments through the bill payment service. By using the online bill payment service, you authorize Rentalfy to electronically debit your account and, if necessary, electronically credit your account to correct erroneous debits. Any authorization you provide to initiate automatic repeating payments using the Service will remain in effect in perpetuity until cancelled. A convenience fee will be assessed to use the bill payment service at time of payment, and Rentalfy will collect these fees. Rentalfy may at any time increase fees for access to the bill payment service or to portions of the service. All fees and charges incurred through your account will be at the rates in effect for the billing period in which such charges and fees are incurred. Any changes in pricing will be sent as a notice to the email address of the property manager associated with your account. By using the Service, you acknowledge that (i) Rentalfy is not a bank or provider of banking services; (ii) Rentalfy is not acting as a fiduciary, trustee, or escrow with respect to transferred funds; (iii) Rentalfy does not hold or take custody of payments transferred using the Service and are not responsible for what recipients do with funds that were made through the Service. To collect payments through the online bill payment service, you must accept agreement(s) with our third party payment processing partner(s) and will be subject to underwriting in order to be eligible for set up with an account and use the online bill payment services. Rentalfy is not liable for any damages caused by online bill payment processing and delays. By using the online payment services provided to you on and via this web site, you also agree to the services agreement of Rentalfy’s payment processor, Stripe, that can be found at https://stripe.com/us/connect-account/legal. Please refer to the payment processor agreement for additional information regarding online bill payment services. All application fees paid for rental application processing are non-refundable.
13. Financial transactions
Rentalfy shall not be responsible or liable in any way for loss incurred as result of (i) returned checks; (ii) insufficient funds; (iii) chargebacks; (iv) reversals; (v) retrieval fees; (vi) recall fees; (vii) excessive returns fees; (viii) early funding fees; (ix) account maintenance fees; (x) fraud; or (xi) any unforeseeable unsuccessful transactions or fees associated with those transactions. In the event that a payment is returned for any reason, Rentalfy will not attempt to collect funds and will alert the affected parties of the returned payment. Rentalfy does not inherit the risk, assumed or otherwise, for any transaction performed through the bill payment services. In the event of a fraudulent transaction, chargeback, reversal, erroneous or duplicate transaction, or dispute of a payment made to you, Rentalfy reserves the right to seek reimbursement for the transaction, and you authorize us to reverse or otherwise debit funds from your account. In the event we are not able to reverse or otherwise debit funds, upon our request, you agree to promptly deposit such funds into your account. By using the Services, you acknowledge and agree to Rentalfy's right to investigate any and all transactions for fraud, and agree to cooperate with any reasonable requests made by Rentalfy to investigate fraud. You agree that Rentalfy has the right to obtain reimbursement by any lawful means including the use of a third party collection agency or by other actions that we deem appropriate. Rentalfy is in no way a collections agency and does not provide any guarantees of payment through use of the bill payment services.
14. Forms and Documents
16. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND OF ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU "AS IS", AND RENTALFY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
RENTALFY MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER RENTALFY NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT RENTALFY WILL NOT BE HELD LIABLE IN ANY WAY.
Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RENTALFY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RENTALFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.
Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website or the products or services sold in this website), shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of this website or the products or services sold in this website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website or the products or services sold in this website. In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you. For all purposes, Rentalfy is an independent contractor and owes no duty to users other than those defined in this agreement. Rentalfy does not have control of or liability for the products or services that are paid for with our Service. Rentalfy does not guarantee the identity of any user.
18. Reservation of rights
Rentalfy reserves all of Rentalfy’s rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that Rentalfy may have in respect of this web site, its content, and goods and services that may be provided. The use of Rentalfy’s rights and property requires Rentalfy’s prior written consent. By making services available to you, Rentalfy is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this web site or provided services without Rentalfy’s prior written consent.
19. Notification of copyright infringement
If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, the Rentalfy copyright agent may be contacted via: email@example.com
20. Applicable law
21. Waiver of jury trial
22. Injunctive relief
23. Attorney's fees
25. Refund policy
Services are paid for one month in advance and are refundable at Rentalfy's discretion.
26. Cancellation policy
Cancellation of accounts with Rentalfy is permissible at any time with no additional fees.
27. Miscellaneous information
28. Credit, Background, and Eviction Reports - Service agreement to use TransUnion® SmartMove®
By using this web site and the services provided to you on and via this web site, you also agree to the services agreement of TransUnion® SmartMove®.
Property Manager/Landlord: Service agreement to use TransUnion® SmartMove®
Applicant/Tenant: Service agreement to use TransUnion® SmartMove®
To verify your identity and obtain a copy of your report(s) or dispute any information within that report, please contact TransUnion® customer service at 866-775-0961.
29. Renters Insurance and Landlord Legal Protection
Rentalfy has partnered with Sure to exclusively provide comprehensive renters insurance coverage for tenants and legal protection for landlords. Rentalfy hereby explicitly acknowledges that it is not in the insurance business and does not sell, solicit, or negotiate insurance. More information about Sure can be found at: https://www.sureapp.com
30. Legal Notices
All legal notices and Digital Millennium Copyright Act (“DMCA”) notices should be directed to:
PO Box 1090
701 E. 31st. St.
La Grange Park, Illinois 60526
If you are a copyright owner or an agent thereof and you believe that any content or link on one of Rentalfy’s websites or services infringes upon your copyrights, you may contact us with a notice pursuant to the Digital Millennium Copyright Act by providing the following information in writing:
1. Identification of the copyrighted work or works claimed to have been infringed;
2. Identification of URLs or similar information sufficient to permit us to locate the material on our websites and services that is claimed to be infringing that copyrighted work;
3. Your address, telephone number, and E-mail address to permit Rentalfy’s agent to contact you;
4. A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law;
5. A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner of the copyright that is allegedly infringed; and
6. Your electronic or physical signature.
Effective as of September 24, 2018