NOTICE: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE AND REGISTERING AS A RENTER AND PLATFORM PARTICIPANT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS PROVIDED HEREIN. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, YOU MAY NOT REGISTER WITH RENTIVITY.COM AND ARE NOT AUTHORIZED TO ACCESS CERTAIN COMPONENTS OF THIS WEBSITE, OR ANY PAGES HEREOF.
We welcome you to the Rentivity.com website ("website") for Rentivty and its affiliated enterprises (hereinafter, such entities are collectively referred to as "Rentivity" and the Website single family home rental marketing, bidding and management system as "System"). The Rentivity System includes various websites and web pages operated or maintained by Rentivity by and through which Rentivity provides a platform to showcase properties, a rental bidding function, hosting for maintenance service providers within proprietary comprehensive web-based software. Rentivity provides open access to the website however, certain components, functions, and elements of the system pertain to those seeking to rent property from owners that offer properties for rent ("Renter") utilizing the System and/or such renter's authorized representatives ("Representatives").
Any Renter seeking to become a participant in the System shall be required to complete a Renter registration which shall set forth the specific Renter information and information regarding renter's financial credentials and qualifications. Renter acknowledges that Rentivity utilizes a third party credit reporting company to process and determine the credit profile and qualifications are presented within the system by such third party provider and is not created, modified, or produced by Rentivity.
Web Content and Materials
The information maintained on the Rentivity System is intended to provide users with information about properties and services offered by third party owners utilizing the Rentivity software platform. The information and material posted and presented on the Rentivity System is subject to change without notice. The System is only a platform that hosts the content supplied by Owners, Tenants and/or Vendors. Not all of the properties or services described on the Rentivity System are available in all geographic areas. No solicitation is made by Rentivity to any person to use any information, materials, products or services in any jurisdiction where the provision of such information, materials, products, and services is prohibited by law. Rentivity disclaims any responsibility, ownership, or liability relating to the content, properties, information, or anything whatsoever posted or presented to the System by Owners, Tenants, Prospective Tenants, and/or Vendors.
The Rentivity System may, from time to time, not operate as intended, at normal speed, with full functionality, or at all. In Rentivity's sole discretion, the Rentivity System may cease to operate for any amount of time. Doing so may limit or eliminate the functionality of the System and/or limit the use of the System by end users. Any decision to cease the activity of the System is solely within Rentivity's discretion and Rentivity shall have no liability or obligation to Owner or any other party resulting from such limiting or shutdown of the System.
No Unlawful or Prohibited Use
As a condition of your use of the Rentivity System, Renter and/or Representatives represent and warrant to Rentivity that they will not use the Rentivity System for any purpose that is unlawful or prohibited by the applicable terms, conditions, and notices. Any prospective tenant and consumer participating on the platform shall do so in good faith such that any information input into the System shall be true and correct. You may not use the Rentivity System in any manner that could damage, disable, overburden, compromise or impair the Rentivity System or interfere with any other party's use and enjoyment of the Rentivity System. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Rentivity System. Rentivity reserves the right to terminate and/or remove any party, content, property, or disqualify a Tenant or Prospective Tenant from the System for acting in bad faith or contrary to law regulation policy or otherwise, as determined in Rentivity's discretion.
Owners are required, upon registration of a property, to include the lease document that shall serve as the binding instrument/contract between the owner and the tenant procured through Owners use of the System. Rentivity has not provided, offered, or participated in the preparation or drafting of any lease Renter shall be solely, fully responsible for reviewing and confirming that they have read and accepted the terms of the lease, if they are the successful bidder or elect to rent the property "Now". Upon submittal of a bid or offer to rent property "Now", Tenant shall be deemed to have accepted the lease terms. Once the System accepted a successful bid, the lease form will be automatically populated with the successful bidder's registration information. Successful bidders will have twenty-four hours to electronically execute the lease and submit all required payments and fees to owners utilizing an automated clearing house (ACH) payment service or credit card. Listings posted by owners are not offers for contract purposes. The bids submitted by renters will be deemed offers for contract purposes and will be subject only to final acceptance by landlord owners.
Renter hereby releases and indemnifies Rentivity from any claim, action, demand, charge, cost, petition, or anything whatsoever that may result from or arise from the relationship that may result between tenants, customer, visitors, tenants, prospects, vendors, or any other person and/or any contract, lease, or other obligation generated by any such parties by, though, or in any way associated with the System, Rentivity.com and/or Rentivity. Each party to any contract shall have had an opportunity for legal consultation.
Rentivity does not claim ownership of the information and/or materials that Renters/Representatives provide, post, upload, input, submit or showcase to Rentivity (including feedback and suggestions) (collectively "Submissions") within the System. However, by posting, uploading, inputting, providing, or submitting your Submissions, you are granting Rentivity (including without limitation its affiliates and necessary sublicensees) your permission and consent to use your Submissions in connection with the operation of the System and in providing such information for the purposes intended by Rentivity to its participants, including, without limitation, the rights to copy, distribute, post, publish, advertise, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submissions. Please note that specific terms and conditions, explained on the web page describing a particular feature or offer, may apply in lieu of this provision. Any and all transactional data and records relating to the transactions, rents, and performance of the properties by renters shall belong to and remain an asset of Rentivity for its right and unfettered use to create reports, publish and data monitoring, collection, and mining purposes.
Linked Site Statement
Links to websites other than the Rentivity System are provided solely as pointers and syndication to information on topics that may be useful to users of the Rentivity System, and Rentivity has no control over, and expressly disclaims the endorsement of, the content on such websites. If you choose to link to a website not controlled by Rentivity, Rentivity makes no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does Rentivity warrant that such website or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. Rentivity does not guarantee the authenticity of documents on the Internet. Links to non-Rentivity systems do not imply, and Rentivity expressly disclaims, any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such websites, or any representation regarding the content at such websites. Vendors for products and links to insurance or other providers are not affiliated with Rentivity; Rentivity has no control relating to such vendors services and renter acknowledges that such vendors, insurance providers, and third parties may pay a platform and/or technology fee for such link or subsequent transaction.
Renter acknowledges that the System offers a showcase platform and bidding system programmed to connect interested renters to individual single family homes offered by Owners and/or Representatives. Rentivity will post property information on Rentivity.com property showcase pages and coordinate certain syndication to third party platforms offering marketing, advertising, and/or showcase platforms on such third party websites. Rentivity has no control or direction regarding the operation or information on such third party websites. Any indemnity, release, or acknowledgment provided by Renter/Representatives herein, for the benefit of Rentivity shall benefit and enure to any third party website or platform to which Rentivity may syndicate.
Rentivity is a platform made available to Owners, Representatives, Tenants, Prospective Tenants, and Vendors. Rentivity offers no services and is not a Real Estate Agent or Broker. Renter acknowledges that Rentivity is not providing real estate services. In limited circumstances, Rentivity representatives may be agents for and/or coordinators of certain property management services but it remains as a facilitator and not the service provider. Renter has the right and is encouraged to procure professional representation from legal counsel and real estate professionals such as licensed agents/brokers in each state that such Tenant shall be interested in leasing. Renter is responsible for any contract, agreement, or compensation due to such professionals, agents, and/or brokers. Rentivity platform is simply a showcase for third parties and a fee is paid to Rentivity, based on its then applicable fee schedule for utilization of the System by each user.
Please review the Rentivity Privacy Notice. The Privacy Notice governs your use of the System and explains our practices.
When you use the Rentivity System, you are communicating with us electronically and to website visitors. Your consent to receive communications from us and/or any participant and/or web visitor electronically. We will communicate with you by e-mail. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
If you use the Rentivity System, you are responsible for maintaining the confidentiality of your account and any passwords that you utilize. You must restrict access to your computer, your account, and your passwords and agree to accept responsibility for all activities that occur under your account and password. Any personal information submitted for determination of standing and qualification for bidding and or renting the properties presented by or to renters and/or representatives shall be yours and maintained with appropriate confidentiality. The assessment analysis and rating shall be made through and by the System utilizing the data supplied by you and /or credential validation, credit reports and other reporting sources which are third party sources made available to you for self-certification or verification, independent of the System. The System will package and provide such data as a pass through function, in a format designated by Rentivity and shall only be available to Owners and/or Landlords with whom a Renter may rent property. Renters will not be eligible to bid on properties that do not meet the minimum tenant qualifications established by Owners.
The System contains a tenant certification component as a functional component of the screening process for prospective renters. Renter is required to provide specific personal information, financial data and other information and specifications intended to allow Owners/Representatives to qualify Renter to bid on and become renters of owners. Rentivity provides no service or participation in the provision of such information by Renter, such information being the confidential and personal information of Renter provided by the individual applicant to the certification database. An element of the tenant certification and registration shall include third party credit rating verification through TransUnion. Rentivity provides a link from tenant to TransUnion authorizing the provision of a credit report which independently and confidentially provides the credit information for inclusion and assessment by Owner/Representative in pre-qualifying Renter for a particular property. Owner and Representatives shall set the tenant financial and credit requirements for each property and establish its selected conditions, verification, review, and determination parameters. Any required additional or specific tenant qualification, verification and/or inquiry by Owner and/or Representatives shall be specifically set forth in the corresponding property advertising page such that Renter acknowledges such conditions and procedures prior to submitting a bid. Renter and Representatives release and discharge Rentivity from a claim, action, demand, charge, cost, petition, or anything whatsoever relating to the information on any tenant certification or credit, including but not limited to breach or misuse of confidential financial information of any Owner and/or Renter/Representative. Rent acknowledges that its application and qualifications shall apply to any and all properties and do not require separate applications for each property. The Owners may require additional information or specific information prior to acceptance of a Lease.
By using the Rentivity System, you agree that applicable United States, Federal law and the laws of the State of Florida, without regard to its principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Rentivity. You agree that venue for any disputes shall be located exclusively in Orange County, Florida and expressly waive any right to claim that such forum is inconvenient.
Rentivity's failure to exercise or enforce any provision or right set forth in these or any other terms and conditions does not constitute a waiver of that right or provision.
Rentivity may assign these Terms and Conditions, in whole or in part, at any time with or without notice to you.
The information and materials contained in the Rentivity system, including without limitation all profiles, text, graphics, links, photos or other items are provided "as is." Rentivity does not warrant the accuracy, adequacy or completeness of this system, its information, and materials and expressly disclaims liability for errors or omissions in this system, its information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of merchantability, title, non-infringement of intellectual property, fitness for any particular purpose and freedom from computer virus, is given in conjunction with this system, its information and materials.
Limitation of Liability
In no event will Rentivity be liable for any direct, indirect, punitive, incidental, special or consequential damages, losses or expenses (whether based in contract, tort, strict liability or otherwise) to the user and/or any third party, arising in connection with this site or use hereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if homesearch, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
Rentivity owns certain Trade Marks, Trade Names, Trade Secrets, Copyright, data, information, facts, and other intellectual property associated with the System, the properties and the transactions generated and performed as a consequence of the System ("Intellectual Property"). Renter and Representatives acknowledge this ownership and agree not to use, infringe, or contest such rights. Renter and/or Representatives may not refer to, use, print, publish, reference, or post Rentivity Intellectual Property in any way, without the prior written consent of Rentivity. All Renter and Representatives agree to comply with requirements, terms, conditions, and rules promulgated by Rentivity and any applicable Federal or State laws as relate to the Intellectual Property.
Social Media or Third Party Websites
If the System offers a tool or service which allows it to access or use any profile or other information about Renter that Renter/Representatives have provided to Facebook or another third party website (each a " Social Media Site") and Renter decides to use such a tool or service, Renter acknowledges and agrees that:
(i) The information or content that are a part of Renter's Social Media Site profile, which Renter has designated as "public" (or a similar designation) (with such information or content and referred to herein as "Social Media Content") may be accessed and used by Rentivity in connection with the System;
(ii) The Social Media Content will be considered "User-Generated Content" under these terms and both Renter and Rentivity shall have the same rights and responsibilities as Renter and Rentivity have with respect to User-Generated Content under these terms;
(iii) In the event that the Social Media Content was for any reason misclassified with a public or similar designation or is otherwise inaccurate or to which Renter does not agree with for any reason, Renter agrees to work with the Social Media Site to make any changes or resolve any disputes and acknowledge that Rentivity will not be able to provide Renter with recourse; and
July 10, 2015