TERMS OF USE

Last updated February 26, 2018 

 

AGREEMENT TO TERMS 

These Terms of Use (the “Terms of Use”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Off Campus Housing Inc., a Delaware corporation (the “Company,” “we,” “us” or “our”, and together with you, the “Party” or “Parties”, as applicable), concerning your access to and use of electronic services owned and operated by the Company, whether by computer, mobile device, or otherwise, including but not limited to, the www.myrenthero.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). The Site provides an online marketplace that allows students to search; apply for; submit credit, criminal and eviction reports; sign leases; and make rent payments for off campus housing. The Site also enables landlords and/or property owners (‘Landlords”) to approve rental applications and utilize tools to help manage their tenants (collectively, the “Marketplace Offerings”). In order to help make the Site a secure environment for the purchase and sale of Marketplace Offerings, all users are required to accept and comply with these Terms of Use. The Site is intended for users who are eighteen (18) years of age or older. Persons under the age of 18 are not permitted to use or register for the Site or use the Marketplace Offerings. By registering for, logging into, or visiting the Site, or otherwise using the Marketplace Offerings in any way, you explicitly represent and affirm that you have read, understood, and agree to comply with and be bound by all of these Terms of Use, and that you meet these requirements and understand that these Terms of Use are the legal equivalent of a signed, written contract and are equally binding. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND/OR THE MARKETPLACE OFFERINGS AND YOU MUST DISCONTINUE USE IMMEDIATELY.

 

Furthermore, you explicitly represent and affirm that you understand the Company may change these Terms of Use at any time, and for any reason, and that such subsequent changes and supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you agree that such notice of change to these Terms of Use constitutes reasonable and sufficient notice thereof. It is your responsibility to periodically review these Terms of Use to stay informed of updates. Your continued access to the Site or use of Marketplace Offerings following such reasonable notice of modifications to the Terms of Use will be conclusively deemed acceptance of any changes hereof.  

 

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, persons who choose to access the Site or use the Marketplace Offerings from outside of the United States of America do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent such local laws are applicable.  

 

INTELLECTUAL PROPERTY RIGHTS

 

Unless otherwise indicated, the Site and the Marketplace Offerings are our proprietary property including, but not limited to, all data, source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”), and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by registered or common law copyright and trademark and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site or the Marketplace Offerings and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

Provided that you are eligible to access the Site or use the Marketplace Offerings, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

 

USER REPRESENTATIONS

 

By using the Site or the Marketplace Offerings, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use;  (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site or the Marketplace Offerings through automated or non-human means, whether through a bot, script or otherwise; (6) you will not access the Site or use the Marketplace Offerings for any illegal or unauthorized purpose; and (7) your access to the Site or use of the Marketplace Offerings will not violate any applicable law or regulation.

 

By accessing the Site or using the Marketplace Offerings you represent and affirm that you understand that we have the right to suspend or terminate your account and refuse any and all current or future access to the Site or use of the Marketplace Offerings (or any portion thereof) if you provide any information that is untrue, inaccurate, not current, or incomplete.  

 

You may not use the Site or the Marketplace Offerings for any illegal or unauthorized purpose or to violate any laws, including but not limited to, posting any unauthorized products or content relating to intoxicants of any sort, illegal drugs or other illegal products, alcoholic beverages, games of chance, and pornography or graphic adult content, images, or other adult products. Postings of any unauthorized products or content may result in immediate termination of your account and a lifetime ban from use of the Site.

 

You may not attempt to make the site available over a network or other environment permitting access or use by multiple devices or users at the same time; to send automated queries to any website or to send any unsolicited commercial e-mail; or use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Site.

 

We are a service provider and make no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of any of the information contained on the Site or the Marketplace Offerings displayed or offered through the Site.  You understand and agree that the content of the Site does not contain or constitute representations to be reasonably relied upon, and you agree to hold us harmless from any errors, omissions, or misrepresentations contained within the Site’s content.  We do not endorse or recommend any Marketplace Offerings and the Site is provided for informational and advertising purposes only.

 

USER REGISTRATION

 

You may be required to register with the Site in order to access the Marketplace Offerings. If you are registering an account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms of Use. You must be at least 18 years old and able to enter into legally binding contracts to access the Site and use the Marketplace Offerings or register an account. By accessing or using the Site or Marketplace Offerings you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract. Further, you may not register more than one account unless otherwise authorized to do so by us, nor may you assign or otherwise transfer your account to another party. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

 

You are responsible for maintaining the confidentiality and security of your account credentials, and agree to keep your password confidential and not disclose your credentials to any third party. You must immediately notify us if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your account. You are liable for any and all activities conducted through your account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials) in connection with such activities.

 

User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any person’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask persons accessing the Site and using the Marketplace Offerings to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of such persons, (ii) screen such persons against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a person, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

 

If we choose to conduct identity verification or background checks on any person accessing the Site and using the Marketplace Offerings, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a person or guarantee that a person will not engage in misconduct in the future.

 

MARKETPLACE OFFERINGS

 

We reserve the right to limit the quantities of the Marketplace Offerings offered or available on the Site. All descriptions or pricing of the Marketplace Offerings are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Marketplace Offerings at any time for any reason. We do not warrant that the quality of any of the Marketplace Offerings purchased by you will meet your expectations or that any errors in the Site will be corrected. 

 

PROHIBITED ACTIVITIES

 

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. 

 

Systematic retrieval of the content or other data from the site, including the use of any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any of the Content or the source code of the Site, to create or compile a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute or derivative work of the Site, is strictly prohibited. You may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Site or Marketplace Offerings not otherwise permitted herein. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company or its affiliates without prior express written consent. You may not use meta tags or any other “hidden text” utilizing the Company name or trademarks without the express written consent of the Company.

 

As a user of the Site, you further agree not to:

 

ANY VIOLATION OF THE ABOVE WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE COMPANY IS STRICTLY PROHIBITED AND WILL BE INVESTIGATED. THE COMPANY MAY TAKE ANY LEGAL ACTION IT DEEMS APPROPRIATE AND NECESSARY, INCLUDING, WITHOUT LIMITATION, CIVIL AND CRIMINAL PROCEEDINGS, AND PROCEEDINGS FOR RESTRAINING ORDERS AND INJUNCTIONS. UPON THE VIOLATION OF ANY OF THE ABOVE, OR ANY VIOLATION OF THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE AND AGREE THAT MONETARY DAMAGES MAY NOT PROVIDE A SUFFICIENT REMEDY AND YOU CONSENT TO INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR SUCH VIOLATIONS WITHOUT THE REQUIREMENT THAT THE COMPANY POST A BOND.

 

USER GENERATED CONTRIBUTIONS

 

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and the Marketplace Offerings and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that you will not post, upload, publish, submit or transmit any Contributions that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, lewd, lascivious, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group, including but not limited to, those relating to race, national origin, gender, sexual preference, or physical handicap; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) that ridicule, mock, disparage, intimidate, or abuse anyone; (vi) promotes illegal or harmful activities or substances; or (vii) violates these Terms of Use or any other Company policy. Further, you represent and warrant that:

 

 

Any use of the Site or the Marketplace Offerings in violation of the foregoing violates these Terms of Use and may result in, among other things, without prior notice and in the sole and absolute discretion of the Company, removal of any Contribution, or termination or suspension of your rights to use the Site and the Marketplace Offerings. 

 

You acknowledge that we have no obligation to monitor access to the Site or use of the Marketplace Offerings by any person or to review, disable access to, or edit any person’s Contributions, but reserve the right to do so to (i) operate, secure and improve the Site and Marketplace Offerings (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure compliance with these Terms of Use and take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Contributions that we determine is harmful or objectionable; or (v) as otherwise set forth in these Terms of Use. You agree to cooperate with and assist us in good faith, and to provide us with such information and take such actions as may be reasonably requested by us with respect to any investigation undertaken by us regarding the use or abuse of the Site and Marketplace Offerings.

 

If you feel that any third-party you interact with, including with any landlord or co-tenant, whether online or in person in connection with the Site or Marketplace Offerings, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to the Company by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

 

CONTRIBUTION LICENSE

 

By posting or making your Contributions to any part of the Site, or by linking any of your social networking accounts to the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide right and license to, host, use, copy, reproduce, prepare derivative works of, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), distribute, and otherwise exploit in any manner such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and in any media formats and through any media channels.

 

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. 

 

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. 

 

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice.  

 

SOCIAL MEDIA

 

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

 

LANDLORD TERMS

 

When creating a listing (“Listing”) on the Site each Landlord must (i) provide complete and accurate information about the property and services contained in the Listed (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions and requirements that apply (such as any minimum age, maximum number of tenants, or condominium/house rules) and (iii) provide any other pertinent information requested by us. Landlords are responsible for keeping Listing information (including calendar availability) up-to-date at all times.

 

By posting a Listing to the Site, Landlord explicitly agrees to fully comply with the Fair Housing Act and all other applicable laws enforced by the United States Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity, including but not limited to, not: (i) lying about or misrepresenting the availability of housing when housing is available; (ii) requiring different terms or conditions based solely on a household member's race, color, national origin, religion, sex, familial status, or disability; (iii) posting advertisements that indicate a limitation or preference based on race, color, national origin, religion, sex, familial status, or disability; (iv) harassing or intimidating persons, including making verbal threats or unwanted sexual advances; (v) refusing to make reasonable accommodations for a person with disabilities; (vi) steering persons to properties, buildings, or units on one side of a complex based solely on factors related to their race, color, national origin, religion, sex, familial status, or disability, regardless of other available options.

 

Landlords are solely responsible for setting a price (including any taxes if applicable) for each Listing (“Listing Fee”). Once a booking for your Listing is requested, you may not request a higher price than the Listing Fee contained in the Listing. Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms of Use or the cancellation policy you have selected for your Listing. Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your property. We reserve the right to require that Listings have a minimum number of Images of a certain format, size and resolution. By submitting a Listing, you represent that you understand and agree that the placement and ranking of such Listings in search results on the Site may vary and depend on a variety of factors, such as search parameters and preferences, price and calendar availability, number and quality of Images, customer service and cancellation history, reviews and ratings, and/or ease of booking.

 

In no event will we or our directors, employees, or agents be liable to Landlord or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising out of the renting or leasing of any property on the Site, or damages caused by any tenant obtained on the Site or through the Marketplace Offerings, even if we have been advised of the possibility of such damages. We recommend that Landlords obtain appropriate insurance for all properties in their Listing, and against all potential harm caused by any tenant therefrom. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of any and all tenants contracted with on the Site.  

 

If Landlord chooses to require a security deposit for the Listing, Landlord must specify this in the Listing ("Security Deposit"). Landlords are not allowed to ask for a Security Deposit after a booking has been confirmed on the Site. We will use commercially reasonable efforts to address Landlord requests and claims related to Security Deposits, but we are not responsible for administering or accepting any claims by Landlord related to Security Deposits.

 

Landlord represents and warrants that any Listing Landlord posts and the booking thereof, will (i) not breach any agreements entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) complies with all applicable laws (such as zoning laws), and other rules and regulations (including having all required permits, licenses and registrations). You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the property in your Listings at your request or invitation.

 

GUIDELINES FOR REVIEWS

 

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative. 

 

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews. 

 

PURCHASES AND PAYMENT

 

We accept the following forms of payment: 

 

-  Visa

-  MasterCard

-  American Express

-  Discover

-  ACH

 

You agree to provide current, complete, and accurate purchase and account information for all purchases of the Marketplace Offerings made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us, in accordance with applicable law. We may change prices at any time. All payments shall be in U.S. dollars.  

 

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

 

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions include all orders whether or not placed by, under, or with the same customer account, payment method, billing address or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. 

 

REFUNDS POLICY

 

All purchasers or payments made through the Site are subject to our Return Policy. Please review our Return Policy [insert hyperlink] prior to competing any transaction.

 

THIRD-PARTY WEBSITES AND CONTENT

 

The Site may contain (or you may be sent via the Site or the Marketplace Offerings) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.  

 

PRIVACY POLICY

 

We care about data privacy and security. By using the Site or the Marketplace Offerings, you agree to be bound by our Privacy Policy [include hyperlink] posted on the Site, which is incorporated into these Terms of Use. Please be advised the Site and the Marketplace Offerings are hosted in the United States. If you access the Site or the Marketplace Offerings from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

 

COPYRIGHT INFRINGEMENTS

 

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us at Support@MyRentHero.com (a “Notification”). Your Notification should include:

 

 

A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

 

TERM AND TERMINATION

 

THESE TERMS OF USE SHALL REMAIN IN FULL FORCE AND EFFECT WHILE YOU USE THE SITE. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. 

 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

MODIFICATIONS AND INTERRUPTIONS

 

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason, without notice and without limitation, in our sole discretion. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time, including to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems, and to otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.  

 

We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.

 

GOVERNING LAW

 

These Terms of Use and your use of the Site and the Marketplace Offerings are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.  

 

DISPUTE RESOLUTION

 

EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY DISPUTE DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT (“DISPUTE”). EACH OF THE PARTIES HERETO HEREBY (I) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (II) ACKNOWLEDGES THAT IT HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT, BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.

 

Binding Arbitration

We are committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms of Use provide for a two-part process: (1) an informal negotiation directly with us, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website, www.adr.org. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

Prior to initiating arbitration, you agree to notify us of any Dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact our customer service team by emailing us. If after a good faith effort to negotiate one of us feels the Dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.

 

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Commercial Arbitration Rules of the AAA and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Miami Dade County, FL. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Miami Dade County, FL, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.  

 

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

 

Exceptions to Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

DISCLAIMER

 

THE SITE AND THE MARKETPLACE OFFERINGS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE MARKETPLACE OFFERINGS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE MARKETPLACE OFFERINGS, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

LIMITATIONS OF LIABILITY BETWEEN PARTIES

 

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE MARKETPLACE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. 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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

EXCULPATION OF THIRD PARTY LIABILITY

 

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR INTERACTIONS, DEALINGS, TRANSCATIONS, OR COMMUNICAITONS, WHETHER RELATING TO OR IN CONNECTION WITH THE MARKETPLACE OFFERINGS OR OTHERWISE, THAT ARE NOT CONDUCTED ON THE SITE. SUCH INTERACTIONS, DEALINGS, TRANSCATIONS, OR COMMUNICAITONS ARE CONDUCTED SOLELY AT YOUR OWN RISK AND ARE HEREBY EXPLICITY EXCLUDED FROM THESE TERMS OF USE, THE SITE, AND THE MARKETPLACE OFFERINGS, AND WE HEREBY DISCLAIM ANY LIABILITY, FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, IN CONNECTION THEREWITH.

 

INDEMNIFICATION

 

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Marketplace Offerings; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site or the Marketplace Offerings with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

  

USER DATA

 

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Marketplace Offerings, as well as data relating to your use of the Marketplace Offerings. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Marketplace Offerings. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

  

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

 

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. 

 

CALIFORNIA USERS AND RESIDENTS

 

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

 

MISCELLANEOUS

 

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Marketplace Offerings constitute the entire agreement and understanding between you and us, and do not and are not intended to confer any rights or remedies upon any third-party. Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms of Use constitute the entire agreement between you and us pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between in relation to your access to the Site and use of the Marketplace Offerings. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision unless acknowledged and agreed to by us in writing. These Terms of Use operate to the fullest extent permissible by law. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise permitted under law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Marketplace Offerings. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

 

CONTACT US

 

In order to resolve a complaint regarding the Site or the Marketplace Offerings or to receive further information regarding use of the Site or the Marketplace Offerings, please contact us at: 

 

Off Campus Housing Inc.    

400 NW 26th Street     

Miami, FL 33127   

United States  

Phone: (800) 804-8160

Support@MyRentHero.com