Terms of Service
The following rules are the guidelines you agree to by using this service.
| Last Updated: 3-21-07 1. ACCEPTANCE OF TERMS TenantMarket.com (the "Site") is owned and operated by Rental Connection Group, Inc. ("RCG" or "we"). RCG provides services under certain terms and conditions that we call our Terms of Service ("TOS"). RCG may update the Terms of Service ("TOS") from time to time, without notice to you. It is your responsibility to check the TOS at http://www.tenantmarket.com/mvc/TOS when you use the Site to insure that you comply with the most current terms and conditions. There may be other rules posted throughout the Site that you will also be required to observe. 2. WHAT WE DO We currently provide registered users with property marketing services ("Services"). Prospective renters may advertise themselves to prospective landlords by submitting a user profile and the attributes of a property they are seeking, and landlords may search these profiles to match a specific available property listing. The services are provided "AS-IS." We assume no responsibility for information posted on this Site originated by others, including, but not limited to, users and advertisers. You are responsible for any and all costs associated with accessing this Site. WE DO NOT SCREEN ALL POSTINGS AND HAVE NO WAY OF INDEPENDENTLY VERIFYING THE ACCURACY OF INFORMATION GIVEN TO US BY A USER OR THAT IS POSTED ON THIS SITE. YOU SHOULD ALWAYS BE CAUTIOUS ABOUT GIVING PERSONAL INFORMATION TO STRANGERS OR POSTING IT IN A PUBLIC PLACE WHERE SUCH INFORMATION COULD BE USED TO HARM, HARASS OR OTHERWISE BE USED AGAINST YOU. You must be at least 18 years of age to use the Service. 3. MEMBERSHIP AND SUBSCRIPTION FEES Membership is FREE for renters. Landlords may purchase a subscription that enables them to market a single Vacancy for a period of time to renters via TenantMarket. A "Vacancy" is defined as a single unit for rent, which is further defined in the system as a street address plus floorplan (beds and baths) and price. TenantMarket may lock a Vacancy listing and not permit changes to the address, beds, or baths as a means to enforce this provision. Once a user purchases a subscription for a Vacancy, that subscription may either be extended or cancelled, but the subscription may not be applied to a different Vacancy. Users with a paid Vacancy listing may browse renter profiles, add property information, upload property photos, and contact prospective renters regarding the Vacancy when the Vacancy is within the parameters the renter has shared in his or her renter profile. The system also enables renters to communicate with landlords without revealing the renter's personal information. Landlord subscription fees can be found our Pricing page at http://www.tenantmarket.com/mvc/PRICING. Paid subscribers will be reminded of auto-renewal via email no less than 48 hours prior to the date of renewal, but RCG cannot guarantee delivery of subscription renewal reminders and is not liable for any failure to send such a reminder. When you subscribe to list a Vacancy via the Service, you will be required to provide RCG with accurate, complete, and current credit card information for a valid credit card that you are authorized to use. By completing your subscription for the Service, you authorize RCG or its agent to bill your credit card the applicable subscription fee, renewal fees, and any and all applicable taxes. The applicable subscription fee will be charged to your credit card on the date your subscription is created and upon the renewal date of the subscription elected by you, if applicable, unless you notify us of non-renewal in advance. If RCG does not receive payment from your credit card provider, you agree to pay all amounts due upon demand. RCG reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies. A late charge on any outstanding balances will be assessed at the lower of 1.5% or the maximum allowed by law for each month in which the balance remains unpaid. In the event of any failure by you to make payment, you will be responsible for all reasonable expenses (including attorneys' fees and costs paid to outside counsel and reimbursement for in-house counsel time at rate equal to counsel's then-current fully-allocated compensation and overhead) incurred by RCG in collecting such amounts. We may modify the price, content, or nature of the Services at any time. If we modify any of the foregoing terms during the term of your subscription, you may cancel your subscription. We may provide notice of any such changes by e-mail, notice to you upon log-in, or by publishing them on the Site. Your correspondence or business dealings with, or offering of promotions to renters, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such renter. Whether you are a renter or a landlord, you agree that RCG is not responsible or liable for any loss or damage of any sort incurred as the result of any such renter ııı landlord dealings. 4. REFUNDS If you purchase a Vacancy listing subscription and the Vacancy listing has not been sent to any renters prior to expiration of your subscription period (either actively by you or passively via the Site's auto-matching system), you may request, and RCG in its sole discretion may grant you, a refund for the most recent subscription period, not to exceed $74.95. 5. YOUR MEMBERSHIP OBLIGATIONS By using this Site or a Service, you certify that you are 18 years of age or older, you agree that any information that you provide to us (or others through the Services) is true, accurate, current and complete information, and you agree to maintain and promptly update the membership data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we believe that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our services. 6. MEMBER ACCOUNT, PASSWORD AND SECURITY Upon registration, you will receive a password for your account, and you are responsible and solely liable for all activities that occur under your account. You agree to protect and safeguard your account against unauthorized use. You must immediately notify us of any unauthorized use of your account or any other breach of security. You must exit from your account by logging out at the end of each session. 7. MEMBER CONDUCT You understand that RCG does not provide the information on the Site or via the Services, and that all publicly posted or privately transmitted information, including data, text, photographs, graphics, messages or other material ("Content"), is the sole responsibility of the person from which such Content originated. You agree and represent that you, are entirely responsible for all Content that you upload, download, post, email, transmit or otherwise use or make available via the Services and this Site. Since we do not control the Content posted on the Site or sent to you from information gleaned from the Site, we cannot and will not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site or Service, you may be exposed to offensive, indecent or objectionable Content. You agree that we will not be liable for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site or Service. You agree to NOT use the Site or Service for any illegal or inappropriate purpose, and affirmatively represent and warrant that: a. you will not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation unrelated to a paid Vacancy; b. you will not knowingly upload or post any property information to the Site that is false, inaccurate, misleading, and in good faith advertise only properties that are available; c. you will not upload or post property information to the Site regarding vacant property that you do not own, or have not obtained explicit written permission of the owner to advertise via the Site or a Service (for example, apartment locators and real estate agents may not use the Site or a Service to advertise properties they have not received permission to market); d. you will promptly remove unavailable properties from the system and cease contacting renters regarding unavailable properties; e. you will not use the Site or a Service to solicit renters regarding any property that is different from the property that the renter have expressed interest in (property bait-and-switch is strictly forbidden); f. you will not upload, post, email, transmit or otherwise make available offers for any products or services other than Vacancies; g. you will not upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, religiously or otherwise objectionable; h. you will not harm minors in any way; i. you will not impersonate any person or entity, including, but not limited to, any employee, officer or director of RCG, or falsely state or otherwise misrepresent your affiliation with a person or entity; j. you will not forge headers or otherwise manipulate identifiers in email; k. you will not disguise the origin of any Content transmitted through the Service; l. you will not upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); m. you will not upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; n. you will not upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; o. you will not disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; p. you will not use the Site or any Service in any manner that could damage, disable, overburden, or impair the Site or any Service or interfere with any other party's use or enjoyment of the Site or any Service; q. you will not interfere with or disrupt the Site or Service or servers or networks connected to the Site or Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Service; r. you will not intentionally or unintentionally violate any applicable local, state, national or international law, including regulations having the force of law; s. you will not "stalk" or otherwise harass another; or t. you will not collect or store personal data about users except when a user has inquired about your Vacancy listing. You acknowledge that we do not pre-screen Content, but that RCG and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move, or remove any Content on the Site for any reason we deem reasonable, in our sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by us or submitted to us, including any you find on the Site. We may preserve Content in our sole discretion and we may also disclose such information to third parties to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety or the rights, property and personal safety of our users and the public. We do not, however, undertake any affirmative obligation to examine Content or disclose Content to any third party for any reason. You understand that your Content may be transmitted over a number of different networks and people other than those on this Site could gain access to it. 8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE We do not own any of the Content submitted by our users. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant us the following world-wide, royalty free and non-exclusive license(s), as applicable: With respect to Content you submit or make available to us, you grant us the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content and the irrevocable right to sublicense the Content with the sublicense having the right to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. 9. INDEMNITY You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, agents, co-branders, attorneys or other partners, and employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your use of the Site or Services, or any Content you submit, post, transmit or make available to us. 10. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any of the information or Services from our Site, including Content. You may not sell (either directly or indirectly) any personal information you may gain from communicating with other users of the Service or Site. Specifically, you may not use the Service or Site to generate leads for resale to other parties such as apartment locators, apartment managers, or real estate agents. 11. GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that we may establish general practices and limits concerning use of our Site and Services, including but not limited to matters pertaining to the number and size of emails, time Content and other information will remain on our Site, limitations on what Content may be posted and when and how long we will retain it. We may at any time destroy or log off accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice. 12. MODIFICATIONS TO SERVICE We have the right to modify or discontinue this service at any time. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 13. TERMINATION You may terminate your account at any time. Termination of your account is your sole right and remedy with respect to any dispute with us regarding any Service or this Agreement. We may terminate your password, account or use of the Site or Services, and remove and discard any of your Content from the Site or Services at any time and for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of this TOS.. Also, we may, in our sole discretion and at any time, discontinue providing the Service or the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Services or the Site may be effected without prior notice, and you acknowledge and agree that we may immediately suspend, deactivate or delete your account and all related information and Content made from your account and bar any further access to such information or to the Site or Services. Further, you agree that we will not be liable to you or any third-party for any claim arising out of suspension or termination of the Site or Services, or your access to the Site or Services. 14. DEALINGS WITH ADVERTISERS Your dealings with advertisers found on or through our Site are solely between you and those parties. You agree that RCG shall not be responsible or liable for any loss or damage incurred as the result of any such dealings. 15. LINKS The Site or Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you agree that we are not responsible for the content or functionality of such sites. Furthermore, the existence of a link on our Site does not imply an endorsement of that site, the owners or content thereon. You agree to be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such site or resource. 16. OUR PROPRIETARY RIGHTS You acknowledge and agree that the Content and software used by us, as well as the photos, graphics, text and other material appearing on our Site or via the Services, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the anything found on our Site or the Services. 17. ON-SITE COMMUNICATIONS To protect our members from inappropriate messages and spam, you acknowledge and agree that any communications or information you send via the Service may be reviewed by RCG or its contracted agents, and communications may be queued or delayed pending moderator approval. 18. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT (EXCEPT WHERE PROHIBITED BY LAW): a. YOUR USE OF THE SITE AND ANY SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. WE MAKE NO WARRANTY THAT: (i) THE SITE OR ANY SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE OR ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR ANY SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITE OR ANY SERVICE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR ANY SERVICE 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. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. 19. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR ANY SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR ANY SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR ANY SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SITE OR A SERVICE. UNDER NO CIRCUMSTANCES WILL RCG'S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF THE TOTAL AMOUNT PAID BY YOU TO RCG FOR THE SERVICE OR $50. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY RCG TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THIS AGREEMENT. 20. NOTICE Notices to you may be made via either email or regular mail. RCG may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Site or via the Service. 21. TRADEMARK INFORMATION TenantMarket.com, the TenantMarket.com logo, trademarks and service marks, and other TenantMarket.com logos and product and service names are trademarks of RCG (the "TenantMarket.com Marks"). Without RCG's prior permission, you agree not to display or use in any manner, the TenantMarket.com Marks. 22. COPYRIGHT INFRINGEMENT RCG respects the intellectual property rights of others, and asks you to do the same. It is the policy of RCG to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Service in a way that constitutes copyright infringement, please contact RCG at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the time(s) and date(s) the material that you claim is infringing was displayed on the Service; (3) your address, telephone number, and email address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. RCG's designated agent for notice of copyright infringement can be reached at: Rental Connection Group, Inc. Attention: TenantMarket.com DMCA Agent 2520 Longview Street Suite 413 Austin, TX 78705 Email: dmca-agent@tenantmarket.com Facsimile: 512-716-8003 23. GENERAL INFORMATION The TOS constitute the entire agreement between you and RCG and govern your use of the Site and Services, superseding any prior agreements between you and RCG. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and RCG shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Travis, Texas. You acknowledge that RCG shall have the right to take legal action against you if your actions violate the TOS and such violation results in damage to RCG or any of its affiliates. The failure of RCG to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. Except as otherwise expressly stated in this Agreement, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, a Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect. 24. CONTACTING RGG If you have any questions or concerns about this TOS, the Site, or the Service, please send us a thorough description by email to staff@tenantmarket.com. |
