Terms and Conditions
Last Update on August 15, 2022
TenantCloud, LLC and/or its affiliates (“us”, “we”, “our”, or “The Company”) operate this website and the TenantCloud mobile application (the “Service” or “The Website”).
You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and The Company. You are not authorized to use this Site unless you are at least 18 and able to enter into legally binding contracts. We do not knowingly collect the information of anyone under the age of 18.
If you arrived on the Site after having been re-directed or otherwise clicking on another website, you agree that these Terms shall govern your use of this Site.
1. The Site is a Venue and We are Not a Party to any Rental Agreement or other Transaction Between Users of the Site.
We do not own or manage, nor can we contract for, any rental property listed on a Site or properties tracked, stored or otherwise managed on the Site. The Website and other Sites act as a venue to allow landlords, property managers, tenants, service professionals, vendors and property owners (each, a “member”) to offer for rent in a variety of pricing formats, a specific rental property to potential renters (each, a “tenant” and, collectively with a member, the “users”). Tenants and renters alike of any sort who utilize the Site (also referred to as "users” herein). "Members" may also include property owners or managers who originally advertised their properties on another website and their listings have been redistributed on the Site. We also may offer tools for online Leasing or other services to allow users to communicate, send maintenance requests, notices, and payments with each other and enter into rental agreements or other transactions. Such tools are used at the Users discretion and risk and The Website and Site are not responsible for any misuse or wrongful dealings with each other.
We are not a party to any rental or other agreement or contract between Users. Liability and enforcement of such agreements are left to the Users individually and solely. This is true even if the Site allows you to screen and create a lease connection and provides other ancillary products or services, as the Site may facilitate leasing rental or other tools, services or products. We do not review, legally or otherwise, any notices, listings, and related documents Users should consult an attorney before entering into any agreement.
You acknowledge and agree that you may be required to enter into one or more separate agreements, waivers or terms and conditions prior to entering a Leasing or purchasing a product or service.
2. User Responsibilities.
Users are responsible for, and agree to abide by, all laws, rules, and regulations applicable to their use of the Site, their use of any tool, service or product offered on the Site and any transaction they enter into on the Site or in connection with their use of the Site, including, without limitation, the Fair Housing Act and other anti-discrimination and fair housing laws, laws related to credit cards and payment processing, relevant licensure requirements, and privacy laws.
You agree to (i) keep your password and online ID for both your account with us and your email account secure and strictly confidential, providing it only to authorized users of your accounts, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. Further, if we suspect any unauthorized access to your account, upon our request, you agree to promptly change your ID and password and take any other related activities as we may reasonably request. If we disable your account, you will not create another one without our permission.
We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Site user, even a user who has rented a property from you or to you, to your mailing list (email or physical mail) without the user's express consent. You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. You are responsible for all content you provide to the Site or through any tool or service provided on the Site.
Members who are property managers and other members who use our online Leasing tools agree to use commercially reasonable efforts to respond to all Leasing requests from Tenants within 24 hours of receipt of a request for Leasing. Such Members further agree to take commercially reasonable efforts to cause all Tenant payments to be processed within 24 hours of authorization by the Tenant for such payment.
You agree to promptly provide notice to the Site by contacting us as provided above under “General – Contact Us” regarding any updates to any such contact information previously submitted by you to the Site.
Each member agrees to promptly provide such proof of personal identification, proof of ownership of the property listed on the Site, and proof of authority to list the property as we may request. Each member further represents and covenants that: (i) it owns and/or has all necessary rights and authority to offer for rent and to rent the property listed by such member; (ii) it will not wrongfully withhold a rental deposit in breach of the underlying rental agreement; (iii) that it will accurately describe the subject rental property, will not fail to disclose a material defect in, or material information about, rental property and will upon request, or otherwise from time to time, review the property listing content and location or geographic description to ensure it is accurate and not misleading ; (iv) that it will not wrongfully deny access to the listed property; and (v) that it will not fail to provide a refund when due in accordance with the applicable cancellation policy or underlying rental agreement. Upon our request, each member agrees to promptly provide to us such proof of personal identification, proof that the condition, location, or amenities associated with the property are accurately described in the listing, proof of ownership of the property listed on the Site, and/or proof of authority to list the property as we may request. If you are a tenant who is listing a home, condominium, or apartment, please refer to your rental contract or lease, or contact your landlord, prior to listing the property to determine whether your lease or contract contains restrictions that would limit your ability to list your room, home, condominium or apartment. Listing your home may be a violation of your lease or contract and could result in legal action against you by your landlord, including possible eviction.
By submitting a photograph to us, the member represents and warrants that (a) (i) it holds all intellectual property rights with respect to each submitted photograph, or (ii) it has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement on the Site, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) that it will indemnify and hold harmless the Site and any member of The Company from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted.
It is the member’s responsibility to obtain reproduction permission for all photographic and other material used in its listings. The member warrants that it is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained and agrees to provide any proof of such rights to us that we may request. Further, each member agrees that we may reproduce in whole or in part any photographic material supplied by such member in the promotion of either such member’s property or the promotion of the Site. As part of the Services, we will provide members notification of and access to tenant applications. Members accept all responsibility, liability and obligations associated with the safekeeping and confidentiality of such tenant applications. Members further agree to indemnify us and hold us harmless as a result of any claims resulting from their access to tenant applications.
You shall not:
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- solicit personal information from anyone under the age of eighteen (18) or solicit passwords or personally identifying information for commercial or unlawful purposes;
- upload, post, transmit, share 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;
- intimidate or harass another individual, including your tenant(s) or landlord whether on-site or offline;
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- use or attempt to use another's account, service or system without authorization from Us, or create a false identity on the Sites;
- upload, post, transmit, share, store or otherwise make available content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Sites, or which may expose us or our users to any harm or liability of any type;
- circumvent or modify, attempt to circumvent or modify, or encourage or assist any other person in circumventing or modifying any security technology or software that is part of the Sites;
- cover or obscure the advertisements on any Sites page via HTML/CSS or any other means;
- make use of any automated use of the system, such as, but not limited to, using scripts to inappropriately add or take away information to your account or any other profile of another user or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the Sites or the networks or services connected to the Sites;
- use the account, username, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account;
- sell or otherwise transfer your account; and
- display an unauthorized commercial advertisement on your account (an unauthorized commercial advertisement means any type of commercial advertisement except for the listing of your rental property(ies) for rent or providing information regarding your rental property(ies), or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Sites on behalf of that person, such as placing commercial content on your account, posting blogs or bulletins with a commercial purpose (except for the commercial purpose of renting your rental property(ies)), or send private messages with a commercial purpose outside of the commercial purpose of renting your rental property(ies)
3. Limited License to Use the Site; Warranty; Limitation of Liability.
Users are granted a limited, revocable, non-exclusive license to access the Service and Site and the content and services provided on the Site solely for the purpose of advertising a rental property, searching for a property, purchasing or researching (for the purpose of inquiring about purchasing) any of the products or services offered on any Site, participating in an interactive area hosted on any Site or for any other purpose clearly stated on a Site, all in accordance with the Terms. Any use of the Site that is not for one of these purposes or otherwise in accordance with the Terms or as otherwise authorized by us in writing is expressly prohibited.
Use of the Service does not give you ownership of any intellectual property rights in the Service or any content posted on the Service. You own what you post on the Service (unless you copied it from someone else) but you grant us a license to copy, host, display, create derivative works from, publish, publicly perform, display, and distribute, and otherwise make use of in connection with providing the Service, all information and content you post so long as you have an active account. If you are a landlord and authorize us (by checking the appropriate box or boxes on our site) to syndicate your rental listing on third-party sites, you further agree that we may grant sublicenses to applicable third parties as necessary to facilitate such syndication. As part of the rental inquiry process, for your own personal, non-commercial use and not for further distribution, you may download, display, and/or print one copy of any portion of the Site. You may not modify the same, and you must reproduce our copyright notice in the form displayed on the relevant portion(s) of the Site that you desire to download, display or print.
You shall not (i) sell, resell, distribute, host, lease, rent, license or sublicense, in whole or in part, the Services or any Site; (ii) copy, decipher, decompile, disassemble, reverse assemble, modify, translate, reverse engineer or otherwise attempt to derive source code, algorithms, tags, specifications, architecture, structure or other elements of the Services or any Site, in whole or in part, for competitive purposes or otherwise; (iii) allow access to, provide, divulge or make available the Service or Site to any user other than those who have licenses to access them; (iv) write or develop any derivative works based upon the Services or Sites; (v) modify, adapt, translate or otherwise make any changes to the Services or Sites or any part thereof; (vi) otherwise use or copy the Services or Sites except as expressly permitted herein; or (ix) remove from any Services or Sites any identification, patent, copyright, trademark or other notices or circumvent or disable any security devices functionality or features. The license to use the site granted to users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engines” do not include a website or search engine or another service that provides classified listings or property rental advertisements, or any subset of the same or which is in the business of providing property rental services or other services that compete with us. You may not “deep-link” to any portion of the Site or Services without our written permission. You may not use the Services or the Site or post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretenses or taking any action that may be considered phishing or that would give rise to criminal or civil liability. If you are aware of or experience any content, activity or communication through or in connection with the Site that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by contacting us as set forth under "Contact Us" below.
THE SERVICE IS PROVIDED “AS-IS” WITHOUT PROMISES OF ANY KIND. NEITHER WE NOR OUR SUPPLIERS/THIRD PARTY VENDORS WARRANT OR GUARANTEE UPTIME OR AVAILABILITY OF THE SERVICE, THAT THE SERVICE WILL MEET OR CONTINUE IN THE FUTURE TO MEET YOUR NEEDS, OR THAT WE WILL CONTINUE TO PROVIDE THE SERVICE OR ANY ASPECT OF THE SERVICE IN THE FUTURE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES FOR THE SERVICE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SEAWORTHINESS, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE RESPONSIBLE FOR LOST INFORMATION, PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES.
IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANY THIRD PARTY PROVIDER OR ANY USER OF THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF THE COMPANY, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $100.00 IN THE AGGREGATE FOR ALL CLAIMS. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER CONTRIBUTED CONTENT TO US AND BY POSTING INFORMATION ON THE SITE, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US OR ANY THIRD PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION OR OTHER TRANSACTION BETWEEN USERS OF THE SITE. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE (OTHER THAN PURSUANT TO ANY GUARANTEE THE MAY BE OFFERED ON THE SITE) THE SAFETY OF ANY TRANSACTION, RENTAL PROPERTY OR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON THE SITE.
YOU FURTHER ACKNOWLEDGE THAT BY DISPLAYING INFORMATION OR PROPERTY LISTINGS IN PARTICULAR DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS WITHOUT RISK AND ARE NOT LIABLE FOR DAMAGES WITH RESPECT TO TRAVEL TO ANY DESTINATION.
WE SHALL NOT HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S ID OR PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH US AND OTHER USERS.
In the event that you use any of our tools that we may from time to time offer that integrates in any way with a third party website to which you have provided data or information, you acknowledge and agree that such third party website shall be responsible for how the data or information you have provided to such website is handled.
4. User Warranties.
You represent, warrant and covenant to us that all content you provide (“user contributed content”), including, but not limited to information related to your rental property(ies), is true and accurate to the best of your knowledge. You may not post, transmit, or share user contributed content that you did not create or that you do not have permission to post. You assume full responsibility for, and agree to indemnify us against any liability arising out of, any and all user contributed content that you post on or through the Services or the Sites, as well as for any material or information that you transmit to other users of the Sites and for your interactions with other users.
If you are a landlord, property manager or staff of a similar organization by requesting or viewing a credit report using our Services or Sites or those of our affiliates, you additionally represent and warrant the following: (1) that you have never been involved, and will not become involved, in any credit fraud or other unethical business practice and that you will immediately discontinue all use of the Service (and any reports and other information obtained via the Service) and notify us if you are ever involved in any such fraud or practice; (2) that your request for any credit report using the Service, and your use of any credit report obtained through the Service, is lawful and solely for the purpose of evaluating a prospective tenant’s rental application; and (3) that you will not provide a copy of any report obtained through us or our platform, or any information contained in such a report, to any other party. We are not a credit bureau and do not control the contents of credit reports, background checks and other products for screening including reports obtained through the Service or Sites. We are NOT responsible for the contents of any credit report or background check report or any credit score, whether correct or incorrect. Credit reports and background check reports can contain information that is incorrect, incomplete, or not up to date, and reports are not a substitute for carefully reviewing and independently verifying all information contained in a rental application and interviewing a prospective tenant. If you believe that any information contained in your credit report or background check report is inaccurate or incomplete, you have the right to dispute it. To dispute the contents of your credit report, please contact the appropriate third party vendor in which the service was purchased.
You represent, warrant and covenant that you have the full power and authority to enter into these Terms and to perform your obligations; your acceptance of and performance under these Terms will not breach any oral or written agreement with any third party or any other obligation owed to any third party to keep any information or materials in confidence or in trust; and that you will comply with any and all applicable local, state, and/or national laws or regulations applicable to you, including, without limitation, those privacy, fair housing, and anti-discrimination laws.
5. Data Collected by You from the Services and Sites.
You agree that, with respect to other users’ personal information that you obtain directly or indirectly from or through the Services or any Site, we have granted to you a limited license to use such information only for: (a) using services offered through the Site, and (c) inquiring about or otherwise facilitating a financial transaction between you and the other user related to the purpose of the Site (such as inquiring about or Leasing an online Leasing or charging a personal credit card). Any other purpose or disclosure requires express permission from the user. You may not use any such information for any unlawful purpose or with any unlawful intent.
You must give users an opportunity to remove their information from your address book or database or other records and a chance to review what information you have collected about them under applicable law. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another user to any third party without both our consent and the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.
6. User-contributed Content; Participation in Interactive Forums.
We reserve the right to decline to permit the posting on the Site of or to remove from the Site any user contributed content for any reason whatsoever, including that which fails to meet our Content Guidelines, any other guidelines posted on a Site or if it otherwise violates these Terms, each as determined in our sole discretion. We reserve the right, but do not assume the obligation, to edit a member’s content or user contributed content in a non-substantive manner solely to cause the content to comply with our content guidelines or formatting requirements or to provide services to members to create or improve on listings (such as translation services), in accordance with information we have about the property listed. Users remain responsible for reviewing their user-contributed content to ensure it is accurate and not misleading.
At a minimum, user-contributed content must (as determined by us in our discretion):
- not infringe anyone's rights, violate the law or otherwise be inappropriate;
- not include personal information of another that can be used to identify or contact any person;
- not include unsolicited promotional content, advertising, political campaigns, contests, raffles or solicitations;
- be directly related to the Site, business service, product or forum where the content is submitted;
- not be obscene, abusive, discriminatory or illegal content; or
- not be false or misleading.
Further, each member’s listing must relate to an individual and uniquely identified property. If you are managing more than 50 properties you may be restricted on listing and be required to purchase partner products designed for property managers
By submitting or authorizing user-contributed content, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any of your user contributed content, in connection with our business or the business of our affiliates. Notwithstanding the foregoing, following the termination or expiration of a property listing subscription, we will not continue to display the user-contributed content that was displayed in such listing. In the event that it is determined that you retain any intellectual property rights in the user-contributed content, you hereby declare that you do not require that any personally identifying information be used in connection with the user-contributed content or any derivative works thereof and that you have no objection to the publication, use, modification, deletion or exploitation of the user-contributed content by us or our affiliates.
You further grant us and our affiliates the ability to protect the intellectual property interests of any user-contributed content, including the images, copy, and content available via any member’s listing, from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material. You further agree to assist us—at our expense and control—to protect such copyrighted material from unauthorized redistribution.
You agree that we may sublicense all the rights granted to us under these Terms to one or more third parties we may contract with to display all or part of the member’s property listing or otherwise provide promotional or other services related to our business.
We may also provide members’ listing information, or otherwise provide for the distribution of, such listing on a third party website. Additional terms and conditions may apply to such distributions, which will be the responsibility of the user. We may post your listing to many third-party websites that partner with us.
- All posts must clearly indicate the address(es) of your rental property(ies) where appropriate.
- All properties must be listed under the correct property type defined as follows:
- House – a detached residence owned by an individual.
- Basement/In-Law Apartments – An apartment located below street level, underneath another structure - usually a house. Includes a separate entrance and amenities. An in-law apartment can also refer to a detached rental structure on the same property.
- Apartment – a suite of rooms forming one residence, typically in a building containing a number of similar groups of rooms.
- Townhome – a building containing a number of individually owned residences, connected side-by-side.
- Condo/Multiplex – A housing structure that is either a.) part of a bigger unit or building, where the owner of the condo owns the interiors independently and the other services in the building jointly with other condo owners. Or b.) a house divided into multiple apartments, with a separate entrance for each.
- Single Room – a room for rent with shared kitchen and common areas within the same building structure.
- Sublease/ Student Contracts – This refers to the transfer of a lease from a current tenant to another person, but with the original tenant retaining some right or interest under the original lease. A student contract can be a sublease or a lease for housing that is approved by a higher education institution or rented to someone based on lease parameters that work with students.
- Listings may not contain links to, content from, or any directions to access your internet websites or applications. Listings also may not contain links to the internet websites or applications of any other third party. URL redirection or URL forwarding from your posts is also prohibited.
- Images posted may also be depictions of floor plans of your rental property(ies). Images not expressly permitted pursuant to the foregoing are prohibited, including, without limitation, images of individuals or animals. Images otherwise permitted hereunder may not contain any watermarks or added text of any kind. By posting any such images, you represent and warrant that you have the right to post such images and that such images will in no way infringe any intellectual property rights of any third party. With exception of the listing itself, property listings may not display commercial advertisements or promotions of any kind, including, without limitation, commercial advertisements or promotions relating to your rental property(ies) or to seminars or other instructional training sessions of any kind.
- Images posted must be actual, unedited photographs of:
- your rental property(ies) (interior and exterior);
- signs or entrances to the apartment community or other community in which your rental property(ies) are located; and/or any amenities appurtenant to such property(ies), such as swimming pools, playgrounds, and open space located in the apartment community or other community association and to which your tenant(s) would have access during the term of their lease.
- Duplicate listings or postings of your rental property(ies) are prohibited.
- For apartment communities, you are required to be on an upgraded package. See contract for further terms, if applicable.
- For rentals in all categories other than apartment communities, you may have one (1) active free listing per user. If you create multiple user accounts for a single company, all extra accounts will be migrated to one account. If you continue to abuse the system then legal action will be taken.
- Property listings are displayed for thirty (30) consecutive days and may be renewed upon expiration. Property listings may be manually refreshed to the top of the listing results every fourteen (14) days. Deleting and reposting your rental property(ies) to game the listing position of your rental property(ies) listing(s) is prohibited. We reserve the right to remove your listing and suspend your account if you are caught deleting and reposting.
All property listings and associated advertisements must not discriminate based on preference toward any specific race, color, national origin, religion, sex, familial status, handicap (disability), or any other protected class within an applicable jurisdiction. We reserve the right to remove any property listing and suspend any account that does not meet the standards outlined in the Federal Fair Housing Act, similar and applicable state acts, and/or applicable county or municipal ordinances. A guide to these requirements and restrictions can also be found on The Website and are subject to update, amendment, revision or replacement at any time or from time to time solely at our discretion.
7. Notification of Infringement; DMCA Policy.
We respect the intellectual property rights of others, and The Company does not permit, condone, or tolerate the posting of any content on the Site that infringes any person's copyright. The Company will terminate, in appropriate circumstances, a member or Tenant who is the source of repeat infringements of copyright. Should you become aware of or suspect any copyright infringement on this Site, please refer to our procedures for Notification of Copyright Infringement.
Unsolicited Ideas: From time to time, users submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names. We are under no obligation to review or consider them, nor or are we required to treat them as confidential. If you choose to submit any ideas, original creative artwork, suggestions or other works (“Feedback”) in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply. If you provide any Feedback to us, you agree that: (1) the Feedback and its contents will automatically become our property, without any compensation to you; and (2) we may use or redistribute any such submission and its contents for any purpose and in any way. To provide feedback, you can contact us as provided under “Contact Us” or within a landlord or tenant account under “Support”.
9. United States Export Controls.
The Site is subject to United States export controls. No Software available on the Site or software available any other site operated by us may be downloaded or otherwise exported or re-exported (a) into (or to a resident of) Cuba, Iraq, Russia, Belarus, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods, or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
10. Links to Third Party Sites.
This Site may contain links and pointers to other Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We may also provide tools to allow interaction between the Site and a third party site, such as a Social Media Site. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.
There are some Members who use software provided by an affiliate of ours or a third party. Such software (“Other Leasing Services”) may be governed by terms provided by our affiliate or the third parties or Members making such services available. Users who use such third party services are responsible for complying with such terms in addition to ours. All sales of third-party products are final and no refunds will be provided.
11. Release; Indemnification.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER CONTRIBUTED CONTENT) OR ANY THIRD PARTY PROVIDER OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE SITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE COMPANY, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, OUR FINANCIAL INSTITUTION PARTNERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND SUPPLIERS FROM ANY THIRD PARTY CLAIMS, ACTIONS, PROCEEDINGS, AND SUITS AND RELATED LIABILITIES, DAMAGES, SETTLEMENTS, PENALTIES, FINES, COSTS OR EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND OTHER LITIGATION EXPENSES) ARISING FROM: (A) YOUR VIOLATION OF THESE TERMS OR ANY OTHER APPLICABLE TERMS OR POLICIES OF THE COMPANY OR OUR FINANCIAL INSTITUTION PARTNERS; (B) YOUR USE OF PAYMENT PROCESSING; (C) ANY USE OF USER CONTRIBUTED CONTENT YOU PROVIDE OR INTERACT WITH, (C) YOUR NEGLIGENCE OR WILLFUL MISCONDUCT; AND/OR (D) YOUR ACTUAL OR ALLEGED VIOLATION OF ANY THIRD PARTY RIGHTS, OR ANY APPLICABLE LAWS, REGULATIONS OR RULES.
WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
12. Jurisdiction; Choice of Law and Forum; Limitation of Action.
ANY AND ALL SERVICES AND RIGHTS OF USE HEREUNDER ARE PERFORMED, PERFORMABLE AND/OR SOLD IN THE STATE OF TEXAS, UNITED STATES OF AMERICA, AND YOU IRREVOCABLY AGREE AND CONSENT THAT ANY CAUSE OF ACTION YOU MAY SUBMIT IN CONNECTION WITH YOUR USE OF THE SITE OR PURSUANT TO THESE TERMS WILL BE FILED IN THE STATE OR FEDERAL COURTS IN TRAVIS COUNTY, TEXAS WHICH YOU ACKNOWLEDGE, CONSENT TO AND AGREE WILL BE THE EXCLUSIVE FORUM AND VENUE FOR ANY LEGAL DISPUTE BETWEEN YOU AND US. YOU ALSO AGREE THAT ANY DISPUTE BETWEEN YOU AND US WILL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES. YOUR FURTHER AGREE THAT ANY CAUSE OF ACTION OR LITIGATION ARISING OUT OF OR RELATING TO THE SERVICE AND THESE TERMS AND CONDITIONS MAY ONLY BE MAINTAINED ON AN INDIVIDUAL BASIS, AND ANY RIGHT TO PURSUE ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT MAY NOT CONSOLIDATE MORE THAN ONE PARTY’S INDIVIDUAL CLAIMS OR BE RAISED ON BEHALF OF A CLASS OF PARTIES.
ANY CAUSE OF ACTION YOU MAY HAVE HEREUNDER OR WITH RESPECT TO YOUR USE OF THE SITE MUST BE COMMENCED BY FILING SUIT IN TRAVIS COUNTY, TEXAS, WITHIN ONE (1) YEAR AFTER THE INCIDENT UPON WHICH THE CLAIM OR CAUSE OF ACTION IS BASED FIRST OCCURRED.
We do not provide liability insurance protection for owners, property managers, or Tenants; regardless of whether a user obtains insurance coverage through one of our third-party providers. Users are solely responsible for obtaining insurance coverage sufficient to protect their properties and tenants, as applicable. Members agree that they have or will obtain the appropriate insurance coverage sufficient to cover the rental of the properties they manage on the Site prior to the arrival of their Tenant and will maintain adequate insurance coverage through the departure date of any Tenant they have obtained via one of our Sites. Further, Members agree to provide us with copies of relevant proof of coverage upon request.
Independent Contractors. Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relations is intended or created by these Terms or your use of the Site.
Notices. Except as explicitly stated otherwise, any notices to us shall be given by postal mail to the reference in the Contact Us section. When we need to send you a notice, it will be sent to the email address you provide to the Site during the registration process or as later updated in your account (if applicable). The notice shall be deemed given upon receipt or 24 hours after an email is sent unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any physical or electronic address provided to us during the registration process or as later updated in your account (if applicable). In such case, notice shall be deemed given three days after the date of mailing to a physical address and one day after mailing to an electronic address.
Changes to the Site, Terms and Conditions, or Subscriptions. We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or content. We may also impose limits on certain features or services or restrict your access to parts or the entire Site without notice or liability. This version of the Terms became effective on the date set forth above and this version amends the version effective prior to such date. We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time, with or without your consent and you acknowledge and agree that your consent to any such amendment is not required in the event the proposed amendment is clerical and/or non-substantive in nature. Notification of any amendment will be posted on the Site by the indication of the last amendment date at the top of these Terms and will be effective immediately. If you disagree with any non-clerical and/or substantive amendment to these Terms, then (i) your sole remedy as a Tenant, or any other user other than a member, is to discontinue your use of the Site, and (ii) your sole remedy as a member is to withhold your consent to the applicability of the proposed amendment to your use of the Site, in which case your use of the Site will continue to be governed by the terms and conditions that were applicable to your use of the Site during the then-current term of your subscription as the same were in effect immediately prior to the proposed amendment and you agree that you are responsible for keeping a copy of such terms. When members renew subscriptions, the terms in effect at the time of renewal will govern, provided that such terms may change as described above.
Subscription rates and fees (including any commissions) charged for any listing that is not subscription based (such as pay-per-Leasing or pay-per-lead) are set at the time of a user or member’s purchase of the subscription or renewal or registration for the non-subscription based, listing, as applicable. Such rates and fees are subject to change without notice or approval. For subscription listings, the rates in effect at the time of the member’s next subscription renewal, new listing or a member’s upgrade or any other additional or new order of any product or service will govern for such renewal or other order. The fees and commissions applicable to pay-per-Leasing listings offered on one or more Sites will be displayed under the “List Your Property” tab when such product is generally made available on a Site or shall be otherwise set forth in a communication between us and the member.
Termination for Cause. We may immediately terminate any user’s access to or use of the Site due to such user’s breach of these Terms or any other unauthorized use of the Site. However, we do not guarantee that we will take action against all breaches of these Terms.
Entire Agreement, Conflict, Headings and Severability. These Terms constitute the entire agreement between us and you with respect to the matters set forth herein and supersede any prior agreement between us and you with respect to your use of the Site. Headings in these Terms are for reference only and do not limit the scope or extent of such section. In the event of any conflict between these Terms and any other terms and conditions applicable to a product, tool or service offered on our Site, the Terms herein shall prevail. If any portion of these Terms is found to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect. Further, any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
Assignment: We may assign these Terms in our sole discretion. Users must obtain our prior written consent to assign these Terms, which may be granted or withheld by us in our sole discretion.
Marks. There are limited ways in which you may use our trademarks or logos without specific prior written authorization. The following are general guidelines: It is usually permissible for you to refer to The Company or the name of one of our affiliate websites on which you list your property in a descriptive manner in your listing on the Site or in other permissible communications. For example, you might say "Check out my rental on The Website," or "I list properties on The Website." However, you may not refer to The Company or any of our affiliates in any way that might lead someone to believe that your company or site is sponsored by, affiliated with, or endorsed by The Company or one of our affiliates. For example, you may not say “TenantCloud sponsors my rental,” or describe your property as “TenantCloud’s best rental.” You may not use our name or one of our affiliates’ names on any other website that lists rentals without our prior written authorization. You may not use TenantCloud as a name in an email address (e.g. TenantCloud@gmail.com, TenantCloud@YOURWEBITE.com). Our name and logo and those of our affiliates are registered trademarks in the United States and other jurisdictions around the world. We generally do not permit the use of our names and logos, other than as described above or with our prior written authorization. If you want permission to use our name and/or logo in any other manner, including, without limitation, on any website, business card, signage, t-shirts, etc.
Payments between members and tenants. We are not a party to any payment transaction between members and tenants, even if we receive a commission in connection with any payment transaction. Payments in which leave any user with a negative in their account are required to fund the negative balance in order to make it whole or at least zero ($0.00) immediately.
We provide members with the ability to receive payments within 24 hours. For this to be allowed in a member account they must first agree to the TC PAYMENTs QUICK PAY BALANCE WATCH, which requires all users to fund any negative balances that might arise. If a tenant makes a payment or members transfer funds that they did not have funds for and a negative Balance arises, the member will return the balance transferred from TC Payments to their account.
Users agree that they are liable for any cost related to the collections and fees for recouping the funds lost in a negative balance.
Subscription Payments: Payment for subscription listings must be made to us in U.S. Dollars paid either by major credit or debit card, or a check drawn on a U.S. bank.
Subscription Renewals. For any subscription paid for by credit card, such subscription shall automatically renew at the expiration of the then-current term for an additional term of the same duration (as the previous term) and at the then-current non-promotional subscription rate. If such subscription was purchased by check or another form of payment other than by credit card (if such other payment form was permitted), such subscription shall not be automatically renewed. Automatic renewal applies to all subscriptions purchased by credit card. If you wish to turn off auto-renewal, you must log on to your account and manually turn off auto-renewal in your owner dashboard found on The Website, at least calendar 5 days prior to the expiration of the then-current term. Your subscription will remain active through the expiration of your then-current subscription term; however, your subscription will not be automatically renewed upon the expiration of your then-current term.
If the product or service that you last purchased has changed in any way or is no longer offered, you agree and authorize us to charge your credit card at the renewal of your subscription term for a product or service that is the most similar, as determined by us, to the product or service that you previously purchased, even if the price of such product or service is not the same of the prior product or service that you purchased. You agree to be responsible for any such charges, and we reserve the right to obtain payment directly from you if necessary.
Non-Subscription Listings. If a Site enables you to list your property on a basis other than by subscription, you agree to pay us compensation as described to you in the registration process for each rental of the property displayed in such listing, which terms may be updated by us from time to time without notice by us displaying the terms on the Site on which you signed up for the listing. The registration process and additional notices you may receive from us may also provide additional terms and conditions for such listings.
All Sales are Final. No refunds are available. All sales, subscriptions, and other transactions are final.
Transfer of Listing to a Third Party. No listing may be transferred to another party. In the event of a property sale or change in property management, we will provide guidance on options for creating a new listing.
Additional Fees. The recipient of the payment, such as a seller or a third party facilitating your payment transaction (“Facilitator”) may charge you additional service fees (“Facilitator Fee”) based on their terms and conditions. We recommend that you review the Facilitator Fee terms before completing your payment.
In addition, a convenience fee or similar can be charged for any payment made from a checking account via the ACH network, credit card or debit card. These fees are posted at the point of sale and included within a payment. Convenience fees are paid by the payer unless set to be paid by the receiver in the member's settings.
Transaction Limits. You are limited on the amount of money that can be sent from your account per transaction. The per transaction limit varies based on your account type. Personal accounts are limited to $5,000.00 per transaction. Business, non-profit, and government accounts are limited to sending $10,000.00 per transaction. We reserve the right to decrease your spending limit at any time, for any reason. You may apply for increased limits, such approval is solely in our discretion and may be reassessed and/or revoked at any time.
Transaction Reversal. In the event a transaction with us or a third party is reversed or rejected, we may attempt to debit your bank or credit account(s) again, including others linked to your account, suspend your account and requirement immediate payment, or initiate collection efforts. You authorize us to recover any Reversal amounts due to financial institutions by debiting your available Site balance. If you have an insufficient Site Payments balance, you authorize us to take any reasonably necessary actions to recover the remaining amounts from you. You are responsible for all Reversals, claims, fees, fines, penalties, and other liability incurred by us, other Site users, or third parties arising from your breach of these Terms or your use of the Site Payments. You agree to reimburse us, any financial institution, other Site users, or third parties for any and all such liability.
Account Errors. Contact us immediately if you think that: (a) your account has been accessed without your authorization, (b) a transaction that you did not authorize has occurred, (c) a transaction has been processed incorrectly to or from your account, or (d) your account statement contains an error regarding your transaction history (each, an Error). If you give someone access to your account and that person conducts transactions without your authorization, these transactions are not considered Errors, unless you are the victim of a phishing attack or similar exploit. We must hear from you within 60 days after we provided the account statement on which the suspected Error first appeared. If you notify us by phone, we may require that you send us your inquiry by email within 10 business days. We will determine whether an Error occurred within 10 business days after you notify us and will correct any Error promptly. If we need more time, we may take up to 45 days to investigate. If we decide to do this, we will credit your account within 10 business days for the amount of the suspected Error. If we ask you to send your inquiry by email and we do not receive it within 10 business days, we may not credit your account. For Errors involving new Accounts, we may take up to 90 days to investigate and may take up to 20 business days to credit your Account. We will tell you the results within 3 business days after completing our investigation. If we decide that there was no Error, we will provide you a written explanation. You may ask for copies of the documents that we used in our investigation.
Force majeure. If we are unable to perform any of our obligations under these Terms because of any cause beyond our reasonable control of and not our fault, including any act of God, fire, casualty, flood, earthquake, war, strike, lockout, epidemic, destruction of production facilities, riot, insurrection or material unavailability, our performance will be excused, and the time for such excusal from the performance will be extended for the period of delay or inability to perform due to such occurrences.
Waiver; Severability. Our failure to insist in any one or more instances upon the performance of any term of these Terms will not be construed as a waiver of future performance of the term, and your obligations will continue in full force and effect. The provisions of these terms are severable. The invalidity or unenforceability of any term or provision in any jurisdiction will be construed and enforced as if it has been narrowly drawn so as not to be invalid, illegal or unenforceable to the extent possible and will in no way affect the validity or enforceability of any other terms or provisions in that jurisdiction or of the entirety of these Terms in that jurisdiction.
Electronic Signatures. Users agree that all e-signatures provided to each other or The Company are binding and as if they used their own pen signatures. All contracts and commitments and binding.
Purchases of Third Party Products and Services. Users are able to purchase products like template legal notices, agreements, rental agreements, lease contracts and other legal documents. Users are also able to purchase insurance for rental, property, fire and other types of insurance. Users purchase such products and services are offered by us on an AS-IS basis, and only the original service provider or manufacturer’s warranty may apply, if any at all. LegalNature, LLC is a partner which offers legal documents including, but not limited to, lease agreements. These documents are no way provided or reviewed by us and all questions or issues regarding the agreements and documents should be referred to Legal Nature by calling 888-881-1139.
Identity Verification. To ensure the safety and protection of our customers, prior to allowing access to certain features of the service, we require identity verification either directly with us or through third-party identity verification services. Identity verification may require further information based on your credit and account profile. You acknowledge and understand that you are providing ‘written instructions to us under the Fair Credit Reporting Act authorizing us to obtain information from your personal credit profile or other information. You authorize us to obtain such information solely to confirm your identity. NOTHING HEREIN SHALL BE CONSTRUED TO REQUIRE US TO VERIFY THE IDENTITY OF ANY USER ON THE WEBSITE NOR WILL WE HAVE ANY LIABILITY FOR FAILURE TO VERIFY ANY USER’S IDENTITY.
Subcontractors. We may use our affiliates or subcontractors to perform our obligations.
Credit Checks and Background Reporting. As part of the Service we have partnered with third-party credit and background reporting agencies. As part of this service, when a landlord requests a credit report from a prospective tenant, we will give the tenant the option to order a credit report to be shared with the requesting landlord. During this process, we may ask for personally identifiable information (including social security number) that we will share with third-party credit and background reporting agencies for the purposes of generating those reports. We do not store dates of birth or social security numbers. Any information we gather from you relative to credit and background reports will not be stored by us (except temporarily to facilitate each specific report) nor will this information be used for any other purpose than facilitating these credit and background reports. We are not responsible for the contents of any credit report, whether correct or incorrect. Credit and background reporting is provided by third-parties and may not be available at all times due to reasons beyond our control. The application fee is a non-refundable fee and includes a credit and background check. Each application is good for 30 calendar days and can be submitted to any property or landlord, as long as they accept applications. After 30 days tenants will have the option to renew for another 30-day cycle for an additional fee. Each time you submit an application for the duration of your subscription you are agreeing to the terms outlined in this agreement.
Rent reporting. For properties and users located in the United States, rental payments can be reported to select credit bureaus for the purpose of improving a user’s credit. Reporting is sent on the 22nd of each month and reporting for the month of which is being reported. If a rental has more than one tenant, then all tenants who have a subscription and lease will have rent payments reported.
Attn: Customer Satisfaction Officer
Address: P.O. Box 709522, Sandy, UT 84070
E-mail address: email@example.com