Terms
TERMS OF SERVICE
These Terms of Service (these “Terms” or the “Agreement”) describe our company’s (“Company,” “we,”
“us,” or “our”) terms of service with respect to persons or entities who access our property’s RENTCafé
website or mobile applications (collectively, the “Site”), including without limitation renters and
potential renters (collectively, with all persons or entities who access the Site, “Users,” “you,” or “your”).
To access the Terms of Service of RENTCafé, please visit: https://resources.yardi.com/legal/rentcafe-
terms-of-service/.
This Site is owned and operated by us to offer certain services to renters and potential renters (the
“Services”). This Site uses the RENTCafé technology platform, which is owned and operated by Yardi
Systems, Inc. (collectively, with its subsidiaries and affiliates, “Yardi”).
IMPORTANT – PLEASE READ CAREFULLY. THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN
YOU AND US. THIS AGREEMENT ALONG WITH ANY OTHER TERMS THAT MAY BE POSTED ON THE SITE
WITH RESPECT TO RENTCAFÉ PRODUCTS AND SERVICES, AND ANY OTHER WRITTEN AGREEMENTS OR
CONTRACTS BETWEEN YOU AND US THAT INCORPORATE THESE TERMS BY REFERENCE, SET FORTH THE
COMPLETE TERMS AND CONDITIONS UNDER WHICH YOU MAY ACCESS AND USE THE SITE AND THE
SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SITE OR THE SERVICES.
1. YOUR ACCEPTANCE.
We are pleased to provide the Site and the Services conditioned upon
your acceptance, and we hope that you will find the Site informative and useful. BY USING THE SITE,
YOU EXPRESSLY ACCEPT AND CONSENT TO THESE TERMS WITHOUT QUALIFICATION. YARDI AND/OR
COMPANY MAY AMEND THESE TERMS FROM TIME TO TIME. SHOULD THESE TERMS BE MODIFIED IN
ANY WAY, THE NEW TERMS WILL BE POSTED TO THIS WEBPAGE. BY USING THE SITE AFTER THE
EFFECTIVE DATE OF ANY MODIFICATION TO THESE TERMS, YOU EXPRESSLY CONSENT, WITHOUT
QUALIFICATION, TO THE MODIFIED TERMS.
2. YARDI IS NOT A PARTY TO ANY RENTAL TRANSACTIONS.
2.1 The Site serves as a platform for property managers and owners to provide the Services to
renters and potential renters. Yardi does not own or manage the properties listed on the Site and does
not enter into rental contracts for those properties. Although the Site may lead to certain business
transactions expressly agreed to between Yardi and Users, Yardi is not a party to any transactions
between Users and property managers other than providing the Site. AS A RESULT, YARDI SHALL NOT BE
LIABLE UNDER ANY CIRCUMSTANCES FOR INFORMATION, THE CONTENTS OF ANY DOCUMENTS, OR FOR
ANY OTHER INTERACTIONS BY, BETWEEN OR AMONG USERS, PROPERTY MANAGERS OR OWNERS
THROUGH THE SITE.
2.2 You are responsible for how you use the Site, and Company encourages anyone who accesses
the Site, including Users, to exercise sound judgment when entering into property rental transactions. IN
THE EVENT THAT YOU HAVE A DISPUTE WITH A PROPERTY MANAGER OR OWNER, YOU RELEASE YARDI
FROM ANY 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.
3. ACCESS TO AND USE OF THE SITE.
3.1 We provide you with certain information and functionality through the Site. You are solely
responsible for providing all equipment necessary to establish a connection to the Internet, access to
the Internet, and any telephone, wireless or other connection and service fees associated with such
access.
3.2 We have the right, but not the obligation, to take any of the following actions without providing
any prior notice to you: (a) change or terminate all or any part of the Site or the Services; (b) restrict or
terminate your access to all or any part of the Site or the Services; or (c) refuse, move, or remove any
content that is available on the Site and any material that you submit to the Site.
3.3 Subject to your compliance with these Terms, we hereby grant you permission to access and
use the Site and the Services, provided that you shall not (and shall not allow any third party to): (a)
engage in commercial use of the Site or any content on the Site; (b) reproduce, copy, display, store,
perform, re-post, publish, transmit, distribute, sell, offer for sale, license, modify, create derivative
works, or otherwise use any portion of the content offered on the Site for other than your own
personal, non-commercial use; (c) remove any copyright, trademark or other proprietary rights notices
contained in or on the Site or Service or in or on any content or other material obtained via the Site or
the Services; (d) use any robot, spider, site search/retrieval application, or other automated device,
process or means to access, retrieve, scrape or index any portion of the Site or the Services, including,
but not limited to, for purposes of constructing or populating a searchable database of business or
property reviews; (e) collect or harvest any information about other users or members (including
usernames and/or email addresses) for any purpose; (f) reformat or frame any portion of the web pages
that are part of the Site or the Services; (g) create user accounts by automated means or under false,
misleading or fraudulent pretenses; (h) create or transmit unwanted electronic communications such as
“spam” to other users or members of the Site or the Services or otherwise interfere with other users’ or
members’ enjoyment of the Site or the Services; (i) transmit any viruses, worms, defects, Trojan horses
or other items of a destructive nature; (j) use the Site or the Services to violate the security of any
computer network, crack passwords or security encryption codes, transfer or store illegal material,
including any material that may be deemed threatening or obscene; (k) copy or modify the HTML code
used to generate web pages on the Site; (l) use any device, software or procedure that interferes with
the proper working of the Site or the Services, or otherwise attempt to interfere with the proper
working of the Site or the Services; (m) take any action that imposes, or may impose in our sole
discretion, an unreasonable or disproportionately large load on our IT infrastructure; (n) modify, adapt,
translate, or reverse engineer any portion of the Site or the Services; or (o) use the Site or the Services,
intentionally or unintentionally, to violate any applicable international, national, federal, state,
provincial, or local law or regulation, including, but not limited to, Fair Housing laws and regulations.
4. ADDITIONAL REQUIREMENTS.
Certain aspects of the Services may be subject to additional
requirements, guidelines, other technical and non-technical specifications, or other rules or policies in
addition to those set forth in these Terms (the “Additional Requirements”). In the event of a conflict
between the Additional Requirements and these Terms, the Additional Requirements shall take
precedence.
5. MODIFICATIONS.
Yardi and Company may modify or update these Terms from time to time, in
their sole discretion, and reserve the right at any time and from time to time to modify, suspend or
discontinue, temporarily or permanently, the Site or any part thereof, or any or all of the Services, or
any Site features, with or without notice and without liability to you. You agree that Yardi and Company
have no responsibility or liability for the failure of the Site and the deletion of other content maintained
or transmitted by the Site. You further agree that neither Yardi nor Company shall be liable to you or to
any third party for any modification, suspension or discontinuance of the Site. Modifications to these
Terms will be posted on the relevant area of the Site and will be effective immediately upon posting.
You can review the most current version of the Terms at any time by clicking on the “Terms of Service”
link located on webpages throughout the Site. You agree to review the Terms from time to time to
ensure you are updated as to any modifications. By continuing to use the Site or Services following any
such modification, you accept and agree to be bound by such modifications. IF ANY MODIFICATION IS
NOT ACCEPTABLE TO YOU, YOUR SOLE AND EXCLUSIVE REMEDY AND RECOURSE IS TO DISCONTINUE
USE OF THE SITE AND THE SERVICES.
6. ACCOUNT REGISTRATION AND USE.
In order to use certain features of the Site or the Services,
you will have to register and create a password-protected account (“Your Account”) and/or submit
property listings, lease agreements, rental terms, postings, messages, text, voice commands, images,
photos, files, video, and other information, materials or documents (collectively, “Information and
Material”).
6.1 Your Account. You agree to: (a) provide true, accurate, current, and complete information as
prompted by the registration form; and (b) maintain and update such information to keep it true,
accurate, current, and complete at all times. We reserve the right to delete Your Account and refuse any
and all current or future use of the Site (or any portion thereof) without notice if you are found to have
misrepresented your age, identity, or any other information submitted in connection with Your Account
or if we have reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or
not current. You are responsible for maintaining the confidentiality of your password, your email
address and Your Account, and are fully responsible for all activities that occur under your password and
Your Account. You agree to: (i) immediately notify us of any unauthorized use of your password or
account, or any other breach of security, (ii) immediately change your password if you become aware
that Your Account has been compromised, (iii) ensure that you fully exit from Your Account at the end of
each session. You agree and acknowledge that you will not allow others to utilize Your Account and that
you will not disclose your RENTCafé password to anyone. You will be solely responsible for safeguarding
your password and also for any actions under your password and Account, whether authorized by you
or not. If you lose control of your password, you may lose substantial control of your personal
information and could potentially be subject to legally binding actions taken on your behalf. You further
agree not to use anyone else’s password on the Site or attempt to gain access to the RENTCafé account
of any other user. COMPANY CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING
FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
6.2 Privacy Policy and Your Information and Material. By submitting Information and Materials and
in order for us to provide you with the Services, you hereby consent to our use and sharing of your
Information and Materials as described in the applicable Privacy Policy, which is incorporated into these
Terms by this reference. The Privacy Policy can be accessed by clicking on the “Privacy Policy” link
located on webpages throughout the Site. In the event of a conflict between the applicable Privacy
Policy and these Terms, the Privacy Policy shall take precedence. In addition, you hereby represent and
warrant that your Information and Materials: (a) do not and will not, directly or indirectly, violate,
infringe or breach any duty toward or rights of any person or entity, including without limitation any Fair
Housing, copyright, trademark, service mark, trade secret, other intellectual property, publicity or
privacy right; (b) are not fraudulent, misleading, hateful, tortious, defamatory, slanderous, libelous,
abusive, violent, threatening, profane, vulgar or obscene; (c) do not harass others, promote bigotry,
racism, hatred or harm against any individual or group, promote discrimination based on race, sex,
religion, nationality, sexual orientation or age, or otherwise interfere with another party’s use of the Site
or the Services; (d) do not promote illegal or harmful activities; and (e) are not illegal, unlawful or
contrary to the international, national, federal, state, provincial, or local laws or regulations applicable
to the User Materials where created, displayed or accessed.
6.3 Communications. Although we provide a platform through the Site and the Services through
which third-parties may communicate, Company is not involved in those third-party communications
and is not responsible or liable under any circumstances for the content of any third-party
communications, or for any absence of communications by a third-party. The contents of such third-
party communications are determined solely by the third-party responsible for the communications, and
not Company. We are only responsible for the content of information issued directly by us. You
acknowledge and agree that you will address any issues or concerns about third-party communications
with the responsible third-party by contacting said third-party directly and not Company. Company shall
not become involved in any matters pertaining to third-party communications except where the issue is
solely attributable to a malfunction or error occurring on the Site or in connection with the Services.
6.4 Renter Screening. As part of the Services, Users may be permitted to submit information
through the Site for the purpose of conducting a User background check or screening on behalf of a
property manager or owner (a “Screening”). Information that you submit through the Site for the
purpose of such Screening shall be treated in accordance with the Privacy Policy. Your submission of the
information requested for a Screening shall constitute your consent to the Screening process. Screenings
also may be governed by other Additional Requirements as may be disclosed to you in connection with
the Screening. You acknowledge that you will address any issues or concerns with any Screenings,
including the results of any Screenings, by contacting the appropriate property manager or owner, or as
otherwise permitted under the Additional Requirements applicable to the Screening or as otherwise
required by law. Yardi shall not become involved in Screening related issues except where the issue is
solely attributable to a malfunction or error occurring on the Site or in connection with the Services or
as otherwise specified in the Additional Requirements applicable to the Screening or as otherwise
required by law.
6.5 Payments. Except as expressly provided below, any payments you submit through the Site
including rental deposits, rental payments, or any other services or transactions, are for services
provided by a property manager, owner or a party other than Yardi. The total payment amounts
required for those transactions are determined solely by you and any other party with whom you are
entering into an agreement, and not by Yardi. You acknowledge that you will address any discrepancies,
issues or concerns with such total payment amounts by contacting the other party directly, rather than
Yardi. Yardi shall not be involved in such issues except where the issue is solely attributable to a
malfunction or error occurring on the Site or in connection with the Services.
You expressly acknowledge that any payments made by you to a property manager, owner, or a party
other than Yardi (“Payee”), will be submitted to Yardi, as a payment collection agent of the Payee, solely
for the limited purpose of accepting and processing such payments. The delivery of the payment by you
to Yardi, which acts as the limited payment collection agent of the Payee shall satisfy your payment
obligation to the Payee. Once such payment is received by Yardi on your behalf, you authorize Yardi to
electronically credit the funds into the bank account designated by you (e.g., the bank account
belonging to the Payee). In the event that Yardi does not properly remit any such payment amounts to
the Payee, the Payee will only have recourse against Yardi and not you directly. Assuming you have
tendered the proper amount of funds due to us, your payment obligation to the Payee is extinguished
upon our receipt of the funds. There is no risk of loss to you if Yardi fails to remit the funds to the Payee.
For clarity, Users may take advantage of certain Services that have a charge associated with them such
as screening services, lease execution fees, and the like, that is imposed by Yardi or another third-party,
which may or may not be a subsidiary or affiliate of Yardi. Yardi or such other company may collect
these fees directly from Users as provided by the Site or the Services. You acknowledge these fees are
subject to change.
Services-specific terms may set out further terms applying to such payments (including in relation to
refunds (if any), billing arrangements and any consequences of failing to make timely payments).
Application fees are non-refundable, even if an application is denied, except to the extent otherwise
required by applicable law. You must comply with all such terms in relation to such payments by you.
By providing your card or bank information, you are representing that you are authorized to use this
card or bank account for payments for rental deposits, rental payments, or any other services or
transactions for services provided by a property manager, property owner or a party other than Yardi. If
you are making a one-time payment, your card or bank information will not be stored after completion
of the transaction, but any other personal information provided in connection with the transaction will
be stored. If you are enrolling in recurring payments, you authorize Yardi to store your card or bank
information to process your recurring payments. You are responsible for keeping your card or bank
information up to date. If your card or bank information changes, you agree to promptly update your
information. Yardi will continue to store your card or bank information until you delete your information
or you cancel recurring payments. For more information about how we store and use your card, bank or
other personal information, please see our Privacy Policy.
6.6 Electronic Signatures. If you choose to use the electronic signature execution functionality of
RENTCafé, you understand, acknowledge and agree that you have carefully reviewed the disclosure
relating to use of your electronic signature to execute documents and will not execute such documents
with your electronic signature without providing your consent to use your electronic signature. You
agree that you will rely on your own legal counsel to determine the sufficiency of the electronic
signature execution of the documents and their enforceability and that Yardi makes no warranty or
other representation with respect to the sufficiency of the electronic signature execution of the
documents under applicable international, national, federal, state, provincial or local laws or
regulations.
6.7 IDENTITY VERIFICATION SERVICES. You acknowledge that by using identity verification services,
you give your express written consent to, if applicable: (i) send and receive text messages associated
with the identity verification services, including text messages to and from third-parties (including but
not limited to Mitek Systems, Inc. as the provider of document verification services); and (ii) have your
“selfie” image used in the document and identity verification process. By providing a “selfie” image or an
image of your identification documents, you agree that the images may be scanned and compared to
your identification documents for authentication purposes and that you have read and understand our
Privacy Policy and Mitek Systems, Inc’s Privacy Policy, available at:
https://www.miteksystems.com/privacy-policy.
7. YARDI AND COMPANY’S RIGHTS.
You acknowledge that Yardi and Company have the right to
investigate and prosecute violations of these Terms, including intellectual property, publicity and privacy
rights infringement and Site security issues, to the fullest extent of the law. Yardi and/or Company may
involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
You acknowledge that Yardi and Company have no obligation to monitor your access to or use of the
Site or the Services, but have the right to do so for the purpose of operating the Site, to ensure your
compliance with these Terms or to comply with applicable law or the order or requirement of a court,
administrative agency or other governmental body.
8. SITE CONTENT GENERALLY.
It is solely your responsibility to evaluate the accuracy,
completeness, and usefulness of all opinions, advice, statements, representations, services, and other
information provided through the Site. Company does not endorse or represent the reliability, accuracy
or quality of any information, goods, services or products displayed or advertised on the Site. Company
makes no representations or warranties, express or implied, with respect to the information provided
on this Site.
9. THIRD-PARTY LINKS, PRODUCTS AND SERVICES.
9.1 Third Party Websites and Services. The Site may contain links or voice accessibility to third-party
websites or resources. Access to such third-party websites, services or resources are included solely for
the convenience of Users, and do not constitute any endorsement or approval by Company of the third-
parties, anyone sponsoring these sites or their products or services, or the products or services
themselves. Company makes no representations or warranties, express or implied, with respect to the
information provided on any third-party website or service which may be accessed from the Site,
including any representations or warranties as to accuracy or completeness. Because Company has no
control over third-party websites, resources, products or services, you acknowledge and agree that
Company is not responsible or liable for, and does not endorse, the availability, accuracy, completeness
or authenticity of information available through such websites, resources, products or services, your use
or your exchange of any information with such websites or services, or the content, statements,
representations, advertising, products, properties, services or other materials available on such third-
party sites. You acknowledge and agree that Company shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance
on any such content, information, goods, or services available on or through any such site or resource. If
you decide to access any such third-party websites, products, resources or services, or to transact with
any such third-party for their products, properties or services, you do so entirely at your own risk. By
leaving the Site, you may be subject to the terms and conditions and the privacy policies or other terms
and conditions of such third-party websites. You acknowledge and understand that Company does not
(a) provide legal, brokerage or other professional advice or services to any property managers, owners
or others who list properties or otherwise use the Site or the Services, (b) participate in any negotiations
with respect to leases or other transactions involving third-parties, or (c) guarantee, endorse or ensure a
rental property or any lease or other transaction between a User and property manager, owner or any
other person or entity.
9.2 Google® Maps. The Site utilizes Google Maps and related content licensed to Yardi by Google
and its licensors. By using the Google Maps features available on the Site, you are agreeing to be bound
by the applicable Google Terms of Service.
10. OWNERSHIP.
You acknowledge and agree that the Site and the Services use and contain
intellectual property, and proprietary and confidential technology owned by or licensed to Yardi, and
protected by applicable intellectual property and other laws and international treaties (collectively,
“Yardi IP”). You further acknowledge and agree that the Site and the Services use and contain
intellectual property, including without limitation, information, data, text, music, sound, photographs,
graphics, video, messages, tags, or other materials owned by or licensed to us, and protected by
applicable intellectual property and other laws and international treaties (collectively, “Company IP”).
All rights reserved. You agree not to reproduce, copy, display, store, perform, re-post, publish, transmit,
distribute, sell, offer for sale, license, modify, create derivative works, or otherwise use or exploit for any
commercial purposes any or all of the Yardi IP or Company IP, the Site or access to the Site in any way
without the prior written permission of Yardi and Company. You must abide by all copyright notices,
information, or restrictions contained in or attached to any Yardi IP and Company IP. All trademarks are
the property of their respective owners.
11. INDEMNITY.
You agree to indemnify, defend and hold Company and their respective officers,
directors, employees, shareholders, successors, agents, affiliates, subsidiaries and relevant third parties
including advertisers, distribution partners, referral partners, service providers, licensors, licensees,
consultants and contractors (collectively the “Indemnified Parties”) harmless from and against any
claims, liabilities, losses, costs, damages or expenses including reasonable attorneys’ fees and costs,
directly or indirectly, arising out of or in any way relating to: (a) your negligence or misconduct; (b) your
information or material contributed to or submitted through the Site or the Services, including without
limitation information associated with Your Account; (c) your conduct, including your use of the Site and
the Services; (d) your connection to the Site; (e) any violation or breach of these Terms; (f) any violation
or infringement of any intellectual property, privacy, publicity, confidentiality or proprietary rights of
any third-party as a result of your use of the Site or Services; (g) your use of the electronic signature
lease execution functionality of RENTCafé, including without limitation, the sufficiency of an electronic
signature or the enforceability of an electronically signed lease; or (h) your use of RENTCafé Resident
Services voice activated commands via third parties including but not limited to Amazon Alexa and Echo
services (collectively, the “Claims”). You are solely responsible for defending any such Claims, and for
payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to
the Indemnified Parties. Company shall have the right, in its sole discretion, to select its own legal
counsel to defend themselves from any Claims (but by doing so shall not excuse your indemnity
obligations) and you shall be solely responsible for the payment of all of Company’s reasonable
attorneys’ fees incurred in connection therewith. You shall notify Company immediately if you become
aware of any actual or potential claims, suits, actions, allegations or charges that could affect yours or
Company’s ability to fully perform their respective duties or to exercise its rights under these Terms. You
shall not, without the prior written approval of Company, settle, dispose or enter into any proposed
settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought
against you, if such settlement or resolution results in any obligation or liability for Company.
12. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE:
12.1 YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES
AND ALL OTHER MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED THEREIN, ARE
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. WITH
RESPECT TO THE SITE AND INFORMATION AND MATERIAL IN THE SITE, COMPANY EXPRESSLY DISCLAIM
ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING
WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE.
12.2 COMPANY MAKE NO REPRESENTATION OR WARRANTY: (A) REGARDING THE SECURITY,
ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS AND PERFORMANCE OF THE SITE OR THE
SERVICES; (B) REGARDING THE SERVICES, ADVICE, INFORMATION OR LINKS OBTAINED THROUGH THE
SITE; (C) THAT THE SITE OR THE SERVICES, OR ANY INFORMATION AND MATERIALS THEREIN, WILL MEET
YOUR REQUIREMENTS; (D) THAT THE SITE OR THE SERVICES, OR ANY FUNCTIONS CONTAINED IN THE
SITE, WILL BE ERROR-FREE, SECURE, TIMELY, OR UNINTERRUPTED; (E) THAT THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SITE OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE,
RELIABLE, OR AVAILABLE, (F) THAT ANY ERRORS IN THE SITE OR INFORMATION OR MATERIALS THEREIN
WILL BE CORRECTED; OR (G) THAT THE SITE AND ITS CONTENTS AND SERVER THAT MAKES THE SITE
AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
12.3 ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE
OBTAINED THROUGH YOUR USE OF THE SITE IS DONE 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 THE DOWNLOAD OF ANY SUCH MATERIAL.
12.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
COMPANY OR FROM YOUR USE OF THE SITE OR SERVICES, SHALL CREATE ANY REPRESENTATION OR
WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
12.5 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS OR
WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. LIMITATION OF LIABILITY.
13.1 COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, SUCCESSORS, AGENTS,
AFFILIATES, SUBSIDIARIES AND RELEVANT THIRD PARTIES INCLUDING ADVERTISERS, DISTRIBUTION
PARTNERS, REFERRAL PARTNERS, SERVICE PROVIDERS, LICENSORS, LICENSEES, CONSULTANTS AND
CONTRACTORS (COLLECTIVELY THE “PARTIES”) WILL NOT BE LIABLE FOR:
A. ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE
DAMAGES (INCLUDING LOSS OF USE, DATA OR PROFITS, COST OF PROCURING SUBSTITUTE PRODUCTS
OR BUSINESS INTERRUPTION), WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION
WITH THIS AGREEMENT, YOUR ACCESS AND USE OF OR INABILITY TO ACCESS OR USE THE SITE AND/ OR
ANY RENTCAFÉ SERVICE, ANY MATERIALS AVAILABLE TO YOU FROM OR THROUGH THE SITE (INCLUDING
SUCH DAMAGES INCURRED BY THIRD PARTIES), WHETHER THE DAMAGES ARE FORESEEABLE AND
WHETHER OR NOT THE INDEMNIFIED PARTIES, OR ANY OF THEM, HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES;
B. THE CONTENTS OF ANY COMMUNICATION, MESSAGE, OR INFORMATION POSTED BY YOU OR
OTHER THIRD PARTIES;
C. THE CONTENT, SERVICES OR INFORMATION PROVIDED BY ANY WEBSITE PURPORTING TO BE
OPERATED BY COMPANY OR THEIR AFFILIATES, BUT NOT ACTUALLY AFFILIATED WITH, CONTROLLED,
OWNED, OR OPERATED BY COMPANY;
D. THE CONTENT OF ANY WEBSITE NOT CONTROLLED, OWNED, OR OPERATED BY COMPANY THAT
IS ACCESSED FROM OR LINKED TO THIS SITE; AND/OR
E. ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION,
COMPUTER VIRUS, OR LINE FAILURE.
13.2 You acknowledge that the limitations set forth above are an essential basis of the bargain and
of the allocation of risks between the parties. Some states or jurisdictions do not allow the limitation or
exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations
may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these Terms,
your sole and exclusive remedy is to discontinue use of the Site and Services.
14. ENFORCEMENT.
Company does not assume responsibility to you or others for any failure by
Company to enforce the provisions contained in the Terms.
15. TERMINATION.
You agree that we, in our sole discretion and with or without notice, may
terminate your use of the Site or any part thereof, or any or all of the Services, for any reason, including
without limitation, for lack of use by you or if we believe that you have violated or acted inconsistently
with the letter or spirit of the Terms. We may also in our sole discretion and at any time discontinue
providing the Site, or any part thereof, or any or all of the Services with or without notice. You agree
that any termination of your access to the Site under any provision of the Terms may be effected
without prior notice, and acknowledge and agree that Company may immediately bar any further access
to the Site. Further, you agree that Company shall not be liable to you or any third party for any
termination of your access to the Site or the Services.
16. AUTHORITY.
You hereby represent and warrant to Company that: (a) you have all the requisite
power and authority, corporate or otherwise, to enter into the binding contract created by these Terms,
conduct yourself and your business and to execute, deliver, and perform all of your obligations under
this Agreement; (b) you have the right to submit and use your Information and Materials in the manner
you have done so to or through the Site and/or through Your Account; (c) you have the right to grant the
licenses granted under these Terms; (d) your performance under these Terms and/or the rights granted
herein do not and will not conflict with or result in a breach or violation of any of the terms or
provisions, or constitute a default under any contract or agreement, to which you are currently bound or
will become bound in the future; and (e) your performance under these Terms will comply with all
applicable laws, rules and regulations (including, without limitation, export control, privacy and
obscenity laws), domestic or foreign.
17. Reserved.
18. INTERACTIVE AREAS.
18.1 Use of Interactive Areas. On the Site and/or as part of the Services, we may provide areas that
allow for User interaction, including bulletin boards, chat areas, forums, blogs, instant messaging,
frequently asked questions, or other message and communications features (the “Interactive Areas”) for
posting user feedback, comments, messages or other input (“Comments”). You acknowledge that all
Interactive Areas are public and not private and that any information or content, including Information
and Material, that you post to an Interactive Area may be read by others and that Company has no
obligation to protect such information. Company recommends that you do not post or otherwise
disseminate any personally identifiable information in the Interactive Area. Additionally, you agree to
post only Comments that are proper, lawful, and related to the particular discussion or the Interactive
Area itself. Without limitation, you may not post Comments or engage in any other activity on the Site
that:
A. defames, threatens, abuses or otherwise violates the legal rights of others;
B. is harmful to children, profane, obscene, indecent or racially or ethnically offensive;
C. infringes another’s rights to intellectual property, publicity, or privacy;
D. collects or stores personal information about other Site users;
E. contains advertisements, promotions, commercial solicitations, contests or surveys (unless you
have our written consent to do so);
F. contains, transmits or disseminates spam, chain letters, or information intended to assist in the
placement of a bet or wager;
G. contains, transmits or disseminates viruses, corrupted files, or any other similar software or
programs that may damage or adversely affect the operation of another’s computer, the Site, or any
software, hardware or other related equipment;
H. disrupts or otherwise interferes with the Site or the networks or servers used by Company;
I. impersonates any person or entity or misrepresent your connection or affiliation with a person
or entity; or
J. constitutes illegal activity.
18.2 Submissions to Interactive Areas. You understand and acknowledge that, subject and pursuant
to the licenses set forth hereunder, we may display your Comments on the Site and use them for other
marketing and business activities. In addition, we reserve the right in our sole discretion to reject use of
Comments, delete Comments from the Site for any reason, and edit Comments for both content and
format. We further reserve the right to terminate your access to the Site or to any Interactive Area at
any time without notice for any reason whatsoever. Company does not endorse or control the
Comments or information found in any Interactive Area and, therefore, Company specifically disclaims
any liability with regard to the Interactive Areas and any actions resulting from your participation in
them.
19. GENERAL.
19.1 Governing Law. For all legal proceedings arising out of use of the Site and/or relating to the
Terms, these Terms and the relationship between you and Company shall, irrespective of any choice of
laws rules, be governed by and construed in accordance with the laws of the State in which the property
is located. You and Company hereby irrevocably and unconditionally submit to the jurisdiction of courts
located in the County in which the property is located or the court of competent jurisdiction closest
thereto if no court of competent jurisdiction resides therein, and the parties consent to the personal
jurisdiction of such courts and expressly waive any right they may otherwise have to cause any such
action or proceeding to be brought or tried elsewhere. You and Company irrevocably waive, to the
fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the
venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in
such court has been brought in an inconvenient forum.
19.2 Assignment. You may not assign or transfer this Agreement, in whole or in part, without the
prior written consent of Company, which may be granted or withheld by Company in its their sole
discretion. Any attempted assignment in violation of this Section will be null and void and of no force or
effect. Company may assign this Agreement freely at any time without notice. Subject to the foregoing,
this Agreement will bind and inure to the benefit of each party’s permitted successors and assigns.
19.3 Waiver. The failure to exercise or enforce any right or provision shall not affect Company’s right
to exercise or enforce such right or provision at any time thereafter, nor shall a waiver of any breach or
default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the
provision itself.
19.4 Severability. If any portion of these Terms is found by a court of competent jurisdiction to be
invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to
the parties’ intentions as reflected in such provision, and, notwithstanding such finding, the remaining
provisions of these Terms shall remain in full force and effect.
19.5 Entire Agreement. These Terms, the terms incorporated herein, and any other terms agreed to
in writing by the parties or by way of your use of the Site or the Services shall constitute the entire and
exclusive understanding and agreement between you and Company regarding this subject matter, and
shall supersede any and all prior or contemporaneous representations or understandings relating to this
subject matter.
19.6 Time Limitation. You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to the Terms or use of the Site must be filed within 1 year after
such claim or cause of action arose or be forever barred.
19.7 Other Terms. With the exception of those situations where Yardi acts in the capacity of a
payment collection agent of a Payee, as expressly set forth herein, neither party is an agent,
representative, or partner of the other party. Neither party shall have any right, power or authority to
enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind,
the other party. These Terms shall not be interpreted or construed to create an association, agency,
joint venture or partnership between the parties or to impose any liability attributable to such a
relationship upon either party.
Updated: February 26, 2021