| |
1. AGREEMENT. This website, www.rentrilla.com (the "Site") is owned and operated by Rentrilla LLC (βRentrillaβ). The following terms and conditions (the "Terms of Use") apply to your use of this Site well as to any other versions or pages of the Site that Rentrilla operates, including versions or pages that are co-brands or private labels with its affiliates or partners (collectively "Affiliates"). By using the Site, you explicitly accept these Terms of Use including the content of those other pages and websites referred to in this document as they may contain further terms and conditions that apply to you. Underlined words and phrases are links to these pages and websites. In some cases, we and a user may enter into a separate written agreement or contract providing other terms and conditions of our agreement and incorporating these Terms of Use by reference. The term "Agreement" shall mean the agreement formed between you and us pursuant to these Terms of Use, the Privacy Policy, the Equal Housing Opportunity Policy, the Advertising Policy, any other terms and conditions posted on this Site, and any other written agreement between you and us, as the same may be modified from time to time.
2. SITE INFORMATION AND NATURE OF SERVICES. Rentrilla does not broker, lease, or sublease properties directly and is not a party to any transaction between landlords (including, as applicable, property management companies and/or property managers) and renters. Rentrilla does not: (a) guarantee or ensure any property or any transaction between a renter and landlord; (b) collect or process payment or execute any lease or sublease documentation on behalf of renters or landlords; or (c) broker, lease, or sublease or offer to broker, lease or sublease, or own any property.
You are strongly encouraged to personally inspect any property advertised for rent prior to signing any lease documentation, providing personal information such as a social security number on a lease application, or wiring or otherwise sending money for any deposit, rent payment or application fee.
Rentrilla operates a platform as an online advertising and research service for renters, landlords and property managers desiring to advertise or rent residential rental properties. Rentrilla does not broker, lease, or sublease properties directly and is not a party to any transaction between landlords (including, as applicable, property management companies and/or property managers; collectively the βLessor(s)β) and renters. Advertisements on the Site are based on information provided by the Lessors. Accordingly, Rentrilla is not responsible in any way for the content in any such advertisements, nor is Rentrilla responsible for any actual lease transaction between a potential Renter and a Lessor. Rentrilla does not render legal, brokerage, or other professional advice or services to either its Renter or Lessor customers. Services Not Provided. Without limiting the generality of the foregoing, you acknowledge and agree as follows:
- Rentrilla does not participate in any actual lease transactions, including, without limitation, negotiations, discussions, or proposals, and you expressly waive any requirement that purports to impose on Rentrilla an obligation to perform any services other than those expressly undertaken by Rentrilla;
- Rentrilla is not undertaking any, and has no, duties to either Renters or Lessors, including, without limitation, the obligation to inspect rental properties, to verify the veracity of information contained in an advertisement, or to interview or otherwise screen Renters;
- Rentrilla is not responsible for the content of, nor does it endorse, the third-party websites to which you may link using this Website;
- Rentrilla does not guarantee the accuracy of any information available on this Website, and is not responsible for any errors, omissions, or misrepresentations, whether made by Lessors, Renters or otherwise and all information obtained on this Website must be verified independently;
- Rentrilla may make changes to its products and/or services and this Website at any time and without notifying you or receiving your consent; and
- While Rentrilla complies with applicable state and federal laws, including federal civil rights laws, Rentrilla cannot guarantee that its users so comply. Accordingly, Rentrilla assumes no liability for Renters' and/or Lessors' failures to comply with such laws.
3. TERMINATION OF SERVICE. You understand and agree that in Rentrillaβs sole discretion, and without prior notice, your access to this Site may be terminated or suspended, and Rentrilla may exercise any other remedy available and remove any advertisement or information, if Rentrilla believes that your use of the Site: (a) violate: (i) these Terms of Use; (ii) the rights of Rentrilla, any Affiliate or Licensor, or another User; or (iii) any law or regulation, or are otherwise objectionable or inappropriate; or (b) constitute fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to Rentrilla for violations of these Terms of Use, and you consent to injunctive or other equitable relief for such violations without the requirement that Rentrilla post a bond. Rentrilla is not required to provide any refund to you if you are terminated as an authorized User because, in Rentrilla's sole discretion, you have violated these Terms of Use.
4. FEES AND SERVICES. As outlined in our Advertising Policy, prospective and actual renters ("Renters") may search the Site for available rental units (βPropertyβ or "Properties") at no charge. Likewise, there is no charge to landlords or property managers ("Lessor(s)") to advertise their properties on the Site. Lessors should review our Advertising Policy to see when and under what conditions a charge is imposed. By submitting a Property's information, you, the Lessor consents to the placement of information about the Property on the Site, subject to our Privacy Policy and this Agreement. Rentrilla reserves the right to reject, suspend, and/or terminate, any Property advertisement submitted by Lessor at any time and for any reason, including but not limited to, (a) a determination that the Property advertisement violates this Agreement or any of our policies; and (b) the Lessor's failure to pay amounts owing to Rentrilla.
5. CONTENT. To assure the value of Rentrilla services, you agree that all of the information you have provided to Rentrilla, whether online or otherwise, is accurate and complete. Lessors shall be responsible for preparing and submitting the Property advertisements, and shall be solely liable for assuring that such advertisements are accurate, and comply with all applicable laws and our Advertising Policy. In addition, Lessors shall not:
- ask a Renter to wire funds, including by Western Union or MoneyGram;
- require a Renter to pay a nonrefundable lease application fee unless the Lessor has an actual or imminent vacancy; or
- advertise on Rentrilla any Property for which the lease term will be less than 31 days.
6.INTELLECTUAL PROPERTY.
a) YOUR LICENSE TO US. By submitting ads, content, photos, data or other materials ("Materials") to the Site, you hereby grant to Rentrilla and its Affiliates a royalty-free, perpetual, irrevocable, nonexclusive, fully transferable, fully sub-licensable right and license to copy, modify, display, distribute, perform, create derivative works from, store, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future and you represent that you have sufficient rights in the content to make this grant. You further grant to Rentrilla and its Affiliates a royalty-free right and license to use your name, image and likeness in connection with the reproduction or distribution of the Materials.
b) OUR LICENSE TO YOU. Rentrilla hereby authorizes you to view, copy, download and print the information and data (collectively "data") available on this Site, provided that: (i) if you are a Renter, the data are used solely for personal, noncommercial purposes and if you are a Lessor, the data are used only for the purposes of using the services expressly offered by Rentrilla; (ii) the Materials are not modified, republished, or redistributed; and (iii) all copyright, trademark, service mark and other proprietary notices are reproduced as they appear in any such data. Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark or copyright of Rentrilla.
c) TRADEMARKS. The term "Rentrilla" and any other trademarks, trade names, logos and service marks displayed on this Site are the property of Rentrilla or other third parties. You are not permitted to copy or otherwise use these Marks without the prior written consent of Rentrilla or such other owner. You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the data contained within the Site.
d) SOFTWARE. Please note that all software programming, including without limitation all HTML and other code contained in this Site (collectively, "Software"), is owned by Rentrilla and/or its Licensors and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. Any unauthorized access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.
e) REPORTING INFRINGEMENT. Rentrilla respects the intellectual property of others. If you believe that your rights have been infringed by content appearing on our Site, please contact us at notification@rentrilla.com to notify our designated agent. We reserve the right to remove content for any reason. Notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Except as otherwise stated herein, none of the content on the Site may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of Rentrilla.
7. ACCESS AND INTERFERENCE. This Website may contain robot exclusion headers. Much of the information on the Site is proprietary or is licensed to Rentrilla by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: a) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except as explicitly specified herein) from the Site without the prior expressed written permission of Rentrilla and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (d) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. 8. USE. As a condition of your use of this Site, you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and any related activities, including the Fair Housing Act. In addition, you warrant that you will not use this Website in any way prohibited by these terms, conditions and notices. In addition, you will not:
- use the Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site;
- use the Site to advertise the Property owned by another person unless you are the duly authorized property manager, representative, or agent of the Property owner, and can bind such Property owner, and your representation of such person complies with all applicable laws;
- circumvent or manipulate our fee structure, the billing process, or fees owed to Rentrilla;
- distribute or post spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm Rentrilla or the interests or property of Rentrilla users;
- copy, modify, republish or distribute content from the Site or Rentrilla's copyrights and trademarks;
- impersonate another person or otherwise misrepresent your affiliation with another person or entity, conduct fraud, hide or attempt to hide your identity;
- provide inaccurate contact information or other information relative to your move or property;
- harvest or otherwise collect information about users, including email addresses, without their consent;
- offer Rentrilla renters concessions less favorable than those offered to non-Rentrilla renters;
- transmit to Rentrilla or any user any information or materials of any kind which: a) violate, plagiarize or infringe on the intellectual property or contractual rights of any third party; or (b) are libelous, defamatory, obscene, pornographic, abusive; or (c) contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
9. LINKS TO THIRD-PARTY WEBSITES. The Site may contain links to websites operated by parties other than Rentrilla. Such hyperlinks are provided for reference only. Rentrilla does not control such websites and is not responsible for their contents. Rentrilla's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. If you decide to access any of the third party sites linked to this website, you do so entirely at your own risk.
10. GENERAL DISCLAIMER. Although Rentrilla has attempted to provide accurate information on the Site, Rentrilla assumes no responsibility for the accuracy of the information. All information provided on this Site is provided "as is" with all faults without warranty of any kind, either express or implied. Rentrilla hereby disclaims all warranties, express or implied, including, without limitation, those of merchantability, fitness for a particular purpose, title and non-infringement or arising from a course of dealing, usage or trade practice, except to the extent such disclaimers are held to be legally invalid.
11. LIMITATION ON LIABILITY. Neither Rentrilla, its parent, affiliates, or subsidiaries, or any of their respective directors, employees, agents, vendors or suppliers will be liable for any direct, indirect, special, punitive, consequential or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use the Website or any Rentrilla advertisement, or damages from the use of or reliance on the information present on this Website, even if Rentrilla has been advised of the possibility of such damages.
12. MODIFICATION OF THE WEBSITE. Rentrilla (and/or its suppliers) reserves the right in its sole discretion to improve, modify or remove any information or content appearing on the Website. Rentrilla may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Without limiting the foregoing, Rentrilla reserves the right to change the terms, conditions, and notices under which this Site is offered at any time. Unless otherwise provided in our agreement, all amended terms automatically take effect upon acceptance for new users, or 5 days after they are posted on the website for all other users. It is your responsibility to check terms and conditions of this Agreement at the time of each use.
13. PRIVACY. We view the protection of users' privacy as a very important principle and will only use your information as described in the Privacy Policy. We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent, and we use your information only as described in the Privacy Policy. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and opt-out of certain communications by signing-in to your account and going to your account page. We use third parties to verify and certify our privacy principles. If you object to your information being transferred or used in this way, please do not use our services.
14. RELEASE. Because Rentrilla is an advertising venue, in the event that you have a dispute with one or more users, you release Rentrilla, its parent and affiliates (and its respective officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.
15. INDEMNITY. You will indemnify and hold us (and our officers, directors, agents, affiliates, subsidiaries, joint ventures and employees), harmless from any cost, liability, charge, penalties, claim or demand, including reasonable attorneys' fees, court costs, and other costs of collection, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party; or incurred by us as a result of your default under this Agreement.
16. DEFAULT AND REMEDIES. Without limiting any other provision in this Agreement, in the event you default under this Agreement, including without limitation, by failing to pay us the specified advertising fees when due (if you are a Lessor), we will have the right to exercise any or all of the following remedies: (1) we can suspend any or all of your advertisements from the Rentrilla Website; (2) we can terminate this Agreement; (3) we can ban your future use of the Rentrilla Website; (4) we can impose interest on your past due amounts equal to the lower of 1.5% per month or the highest rate permitted by law; (5) we can impose an administrative service fee equal to five percent (5%) of all amounts past due; (6) we can reserve the right to condition your continued use of the Website on requirements such as a fee increase, submission of a security deposit; and/or fee prepayment; and (7) we can exercise any and all rights and remedies available to us at law and in equity.
17. RESOLUTION OF DISPUTES. If a dispute arises between you and Rentrilla, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Rentrilla agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by e-mailing us. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
- Law and Forum for Disputes. This Agreement shall be governed in all respects by the laws of the State of Nevada. You agree that any Claim or dispute you may have against Rentrilla must be resolved by a court located in Carson City, Nevada, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Carson City, Nevada, for the purpose of litigating all such Claims or disputes.
- Arbitration Option. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, he/she shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Improperly Filed Claims. All Claims you bring against us must be resolved in accordance with this Resolution of Disputes Section. All Claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a Claim contrary to the Resolution of Disputes Section, Rentrilla may recover attorneys' fees and costs up to $1,000, provided that Rentrilla has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.
18. NOTICES. Except as explicitly stated otherwise, legal notices shall be served on Rentrilla's national registered address located at PMB#2465 502 E. John St. Rm E, Carson City, NV, 89706 or to the email address you provide to Rentrilla during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, if you are a Lessor, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
19. GENERAL. By using this Site and agreeing to the Terms of Use, you are also agreeing to abide by our Privacy Policy, Advertising Policy, and all other agreements and policies posted on this Site. Rentrilla is located at PMB#2465 502 E. John St. Rm E, Carson City, NV, 89706. In our sole discretion, we may assign the Agreement. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Rentrilla may rely on your electronic signature to create a binding valid agreement. From time to time Rentrilla may send facsimiles or emails regarding its products and services, or shall call customers regarding Rentrilla's products and services, and you hereby expressly consent to receiving such emails, facsimiles and telephone calls. See Privacy Policy for more information. The following Sections and policies survive any termination of the Agreement: Fees and Services and Advertising Policy (with regard to any fees you owe us), Release, Content License, Limitation on Liability, Indemnity and Resolution of Disputes, Default and Remedies.
Last updated: May 8, 2008 β Original version
This website (the "Site") is owned and operated by Rentrilla, Inc. ("Rentrilla") a Nevada corporation. This Privacy Policy describes the collection, use and disclosure of information practices in connection with the Site. By accepting the Privacy Policy and the Terms of Use in registration, you expressly consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy, including its transfer to and storage on our servers in the United States.
This Policy applies to the national version of the Site, located at www.rentrilla.com, as well as to any other versions or pages of the Site that Rentrilla operates, including versions or pages that are co-brands or private labels with its affiliates or partners (collectively, "Affiliates"). Please be aware that Rentrilla may share any information you submit through this Site with Affiliates and during your visit to any Affiliate website, the Affiliate may independently collect other information from you.
1. COLLECTION OF PERSONAL INFORMATION. While not all functions of the website require being a registered user, certain activities (e.g. viewing property contact information or advertising a property) do require registration. Rentrilla collects personally identifiable information on the Site only when you provide it. In most cases, the information we hold about you is collected on the Rentrilla website, but we may also collect information from private-label, co-branded and affiliate websites. Depending on the services used, we may collect and store the following personal information:
* contact information such as name, email address, address and telephone number;
* move-in date and demographic information such as gender, age, marital status, occupation, and other personal and lifestyle information (eg., if you respond to an optional survey request);
* financial information such as credit card or bank account numbers;
* guest card information, lease terms, lease parties and other transactional information; and
* information based on your activities on the website, such as search information, computer sign-on data, statistics on page views, traffic to, from and within the website, ad data, and IP address and standard web log information.
In addition, we may occasionally obtain supplemental information about you from third parties. For example, if you incur a debt to Rentrilla, we may conduct a credit check by obtaining additional information about you from a credit bureau, as permitted by law. As another example, if the information you provide cannot be verified, we may ask you to send us additional information (such as your driver's license, credit card statement, and/or a recent utility bill or other information confirming your address) or to answer additional questions online to help verify your identity.
2. COOKIES. We or our service providers may place cookies or web beacons on your computer when you visit portions of our website. We use permanent cookies to provide personalized features, such as automatically logging you into your personalized home page. We use session cookies, which are deleted when you log out of Rentrilla or browse to a different website, to monitor and improve the functionality and usability of our website. You can block our cookies by changing the settings on your browser (contact your ISP for help), but doing so may prevent us from delivering certain services to you.
We also may use third-party advertising companies to serve ads on our behalf. These companies may employ cookies and web beacons to measure advertising effectiveness. Any information that these third parties collect via cookies and web beacons is completely anonymous.
3. USE. Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. We may use your personal information to:
- Provide the services and customer support you request, including confirming emails related to the website services, reminders and transactions.
- Provide the ability to communicate with Renters, Lessors and Roommates.
- Resolve disputes, collect fees and troubleshoot problems.
- Customize your experience and otherwise measure and improve our services and the website's content and layout.
- Tell you about targeted marketing, service updates, and promotional offers based on your communication preferences. (If we use your personal information to market to you, you will be able to opt-out of such uses; see 7. Opt-Out below.)
- Compare information for accuracy and verify it with third parties.
- Measure consumer interest in our products and services.
- Help promote a safe service and detect and prevent error, fraud and other potentially prohibited or illegal activity.
- Enforce our agreements, terms, condition, and policies.
- As otherwise described to you at the time of collection.
4. DISCLOSURE. We may share some or all of your personal information with:
- Rentrilla may share your personally identifiable information with Affiliates on the condition that the Affiliates' disclosure and use of the information is consistent with this Statement.
- Third-party rights owners or others in the good faith belief that such disclosure is reasonably necessary to enforce our Terms of Use or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.
- Other third parties to whom you explicitly ask us to send your information, or about whom you are explicitly notified and consent to when using a specific service. (The information we disclose in this way may be subject to those third partiesβ privacy policies.)
- Service providers under contract who help with our business operations (such as fraud investigations, bill collection, invoicing, affiliate and rewards programs and co-branded credit cards).
- Another business entity should we (or our assets) plan to merge with, or be acquired by that business entity. Should such a transaction occur, that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.
We may also disclose personal information if permitted to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders or other legal process.
5. MESSAGE BOARDS. Rentrilla also may offer message boards, bulletin boards, chat rooms, blogs, comments areas, or other forums (collectively "Forums") on the Site that are intended for use by visitors who are 18 years of age or older. Any information you disclose when posting a message in these Forums may become public. You should not include any information in your posting that you do not want other parties to see or use. Moreover, if you post any messages in the Forums that include your email address or phone number you may receive unsolicited email or calls from third parties.
6. COMMUNICATION. When a Renter contacts a Lessor by email, we will collect the content of the email in addition to other information related to the email. We may share these communications (or logs thereof) with Lessors so they can manage their communications with Renters. Without limiting any other provisions of this Policy, you expressly agree that we may use this data ("impression data") to enforce our rights to collect fees payable by the Lessors.
7. THIRD PARTIES. Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others, whether they are Renters, Lessors, Roommates or other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. Rentrilla does not control the privacy policies of third parties. We encourage you to ask questions before you disclose your personal information to others.
Our website links to other websites that may collect personal information about you. Rentrilla is not responsible for the privacy practices or the content of those linked websites.
8. OPT-OUT. Rentrilla provides all users with the opportunity to opt out of receiving non-essential (promotional, marketing-related) communications from us on behalf of our partners, and from us in general, after setting up an account. To remove your contact information from all Rentrilla lists and newsletters, simply edit your email preferences.
9. ACCESSING, REVIEWING AND CHANGING YOUR PERSONAL INFORMATION. You can see, review and change most of your personal information by logging into the website and editing your account profile. You are responsible for updating your personal information if it changes or is inaccurate. Once you make a public posting, you may not be able to change or remove it. Upon your request, we will close your account and remove your personal information from view as soon as reasonably possible based on your account activity and in accordance with applicable law. We do retain personal information from closed accounts in order to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms of Use, and take other actions otherwise permitted by law.
10. ACCOUNT PROTECTION. Your password is the key to your account. Use unique numbers, letters and special characters, and do not disclose your Rentrilla password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify Rentrilla and change your password.
11. SECURITY. Your information is stored on our servers located which may be located at various locations in the United States. We treat data as an asset that must be protected and use lots of tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorized access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the website. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.
12. GENERAL. We may amend this Privacy Policy at any time by posting the amended terms on the website. All amended terms automatically take effect upon acceptance for new users, or 5 days after they are posted on the website for all other users.
If you have any questions about this Privacy Statement, please email us at inquiry@rentrilla.com.
Last updated: May 8, 2008 β Original version
Advertising Policy
This Advertising Policy is incorporated into and is made between you and Rentrilla LLC (βRentrillaβ) and a part of the digital or written Terms of Use incorporated herein by reference. Rentrilla reserves the right to remove any content that we deem, in our sole discretion, to violate this policy and/or to reject the submitted advertisement.
1. LIABILITY DISCLAIMER AND AFFIRMATIVE RELEASE Rentrilla hereby disclaims any liability arising out of or relating to those services and activities which Rentrilla has expressly not undertaken to provide to you. Rentrilla does not own any of the content submitted by its Users. RENTRILLA DOES NOT SCREEN POSTINGS AND HAS NO WAY OF INDEPENDENTLY VERIFYING THE INFORMATION, TEXT, PHOTOGRAPHS, GRAPHICS, MESSAGES OR OTHER MATERIALS GIVEN BY A USER OR POSTED ON THIS SITE OR OTHERWISE MADE AVAILABLE THROUGH THE RENTRILLA SERVICE.
With respect to content on publicly accessible areas of the website, the User grants Rentrilla the following world-wide, royalty free and non-exclusive license(s), as applicable: With respect to content a User submits or makes available to Rentrilla, such User grants Rentrilla the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content and the irrevocable right to sublicense the content with the sublicense having the right to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such content (in whole or in part) and to incorporate such content into other works in any format or medium now known or later developed.
The User agrees to indemnify and hold Rentrilla, and its affiliates, officers, agents, or other partners, and employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available to Rentrilla. Rentrilla makes no representations as to individual character, credit worthiness, rental history or ability of Renters to pay their rent. You hereby agree that in no event shall Rentrilla or its affiliates and/or suppliers be liable for any direct, indirect, incidental, special, consequential or other damages or losses arising out of or in any way related to the use of this web site or with the delay or inability to use this site, or for any information, products, and services obtained through this site, or otherwise arising out of or related to the use of this web site. This Agreement has legal significance. Users with questions regarding such significance are encouraged to seek the advice of an attorney.
2. USER'S REPRESENTATIONS AND WARRANTIES By using this Web site, you hereby represent and warrant the following.
- You are of the legal age in your state of residence to make contracts and you therefore possess the authority to enter into this Agreement.
- You are at least 18 years of age if using the Roommate Service.
- All information supplied or to be supplied by you relating to this Web site is and will be accurate and complete. You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
- You agree that the services of this Web site shall be used only to find residential rental units and roommates, in accordance with the process Rentrilla's Web site presents, and information for you or for another person for whom you are legally authorized to act. You will not transmit any content that is unlawful, defamatory, obscene, pornographic, trade libelous, threatening, harassing, tortuous, invasive of another's privacy, hateful, or racially, ethnically, religiously or otherwise objectionable.
- You understand that failure to abide by this Agreement may result in denial of access to this Web site.
- You acknowledge and agree that Rentrilla is the sole owner and vendor of the Terms of Use.
- You agree that no joint venture, partnership, or employment relationship exists between you and Rentrilla as a result of this Agreement or use of this Web site.
3. YOUR INFORMATION. "Your Information" is defined as any information you provide to us or other users in the course of using this Web site, including, but not limited to, any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. Rentrilla will only use Your Information in accordance with our Privacy Policy. Rentrilla preserves Your Information in its sole discretion and may disclose such information to third parties to comply with legal process or protect the rights, property, or personal safety of Rentrilla, its users and the public.
4. CORRECT, REVIEW, UPDATE, OR DELETE YOUR ACCOUNT INFORMATION Rentrilla provides all users with the ability to 'opt out' of our email program at any time as well as well as the opportunity to correct, update or delete information stored in their account. To review, modify or delete your information, log in and select "Update Your Profile".
5. CONTENT MUST BE ACCURATE Please make sure that all information you submit is accurate and complete. If any information later becomes inaccurate or misleading, you are responsible for correcting it.
6. IMAGE REQUIREMENTS Photographs and images accompanying the text of your advertisement may not contain nudity, pornography, lewd references or be sexually suggestive in any way. Digital image and video files must satisfy our technical requirements.
- Other limits. Advertisements cannot be illegal, threatening, harassing, abusive, obscene, defamatory, libelous, invasive of another's publicity rights, harmful to minors, degrading, deceptive, or violative of intellectual or other proprietary rights.
- Personal Information. The text of the advertisement and any accompanying images must not include property contact information, including telephone numbers, email addresses, or URLS; or other references to any other websites. This limitation prohibits inclusion of any contact information visible on a billboard or sign within the photographed property.
- Expiration dates are required for limited offers. All specials offered by you and advertised on our website are only permitted to be short-term promotions. Therefore, those advertisements must include an expiration date for the special. In addition, all such specials must reference the specific nature of the special and cannot be a generic reference.
- Facility Must Be Focus. While it is permissible for an individual(s) to appear in an ancillary/insignificant way within an image, the property facilities must be the dominant component of the image.
- Sublease. If the property is offered as a sublease (rather than a lease), the advertisement must clearly specify that is a sublease.
7. REPORTED LEASE You will pay to Rentrilla the specified advertising fee for each "Reported Lease," which means a situation where a Renter (a) finds your residential property advertised on the Rentrilla website (the "Site"); (b) enters into a lease for a unit in the property; (c) moves into the unit; and (d) reports that lease to Rentrilla.
8. FEES There is no charge for you to advertise your property on the Website. You will be obligated to pay to Rentrilla a success fee, in accordance with the table below labelled Advertising Fee Schedule, per Reported Lease, unless otherwise stated in our advertising agreement (the "Fee"). You must pay the Fee for such Reported Lease within thirty (30) days after the Renter's move-in date or the date on which the Renter reports the lease, whichever comes later. In the event the Property changes its manager or is sold, you will notify us within ten (10) days after the management change or sale. You will remain liable for all Fees attributable to Reported Leases after such management change or sale unless you provide evidence that the new manager or owner has assumed the liability for such Reported Leases. In the event our Agreement is terminated, you will remain liable for all Fees attributable to Reported Leases for thirty (30) days after the effective date of such termination. In the event that one advertisement results in more than one Reported Lease, there will be a Fee for each Reported Lease. Rentrilla will invoice you for the Fee, which you will be required to pay per the terms of the invoice. The Fee must be paid within thirty (30) days, or interest will be charged at a rate of 1.5% per month or the highest rate allowed by applicable law, whichever is lower. If you believe there is an error on the invoice, please notify us within such 30-day period; if you fail to notify us within such 30-day period, the identified Reported Leases will be deemed verified, and the invoice will be deemed accurate and valid.
Advertising Fee Schedule
| Listed Monthly Rent | Fees | | Up to $1000 | $99 | | Up to $2000 | $199 | | Over $3000 | $299 |
9. RENTERS Renters who sign a lease with you and then notify Rentrilla may qualify to receive a?Cash Reward?or other valuable consideration of up to $100 from Rentrilla and/or enter Rentrilla's current promotion(s). Read Rentrilla's Claim Policy. There is no charge for a Renter to search for properties on Rentrilla; however, Renters must create a registration account. There is no charge for such registration.
10. GENERAL Rentrilla reserves the right to change these fees at any time with 30 days notice by posting those changes on the http://www.rentrilla.com/ website; however, no notice will be required for a reduction in fees. Rentrilla may choose to temporarily change this Policy and the fees for services provided for promotional events, and such changes are effective when Rentrilla posts the temporary promotional event on the site. Rentrilla maintains sole discretionary right to change some or all of its services at any time. In the event that Rentrilla introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. dollars. Users are responsible for paying all fees associated with using the Rentrilla service and with using Rentrilla's website, and for all applicable taxes.
11. ILLEGAL DISCRIMINATORY PREFERENCES ARE PROHIBITED Many statements containing discriminatory preference are prohibited under the Fair Housing Act and state and local laws. In any advertisement for the sale or rental of a dwelling, it is illegal to state a discriminatory preference with regard to race or color, national origin, religion, sex, familial status, handicap and disability. For further guidance on the protected categories and other protections and exceptions governed by the Fair Housing Act, please review the Act as well as the publications issued by the U.S. Department of Housing and Urban Development ("HUD") and the Department of Justice. You can contact HUD on the Internet at http://www.hud.gov/offices/fheo/index.cfm and the Department of Justice at http://www.usdoj.gov. You must also comply with the Act and all state and local laws prohibiting discrimination based on other factors, including sexual orientation, age, marital status, and source of income.
Last Updated May 8, 2008 β Original version
Equal Housing Opportunity
Property owners and managers are subject to the federal Fair Housing Act, which prohibits "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make such preference, limitation or discrimination."
Rentrilla.com supports Equal Housing Opportunity and we encourage users of our site to follow appropriate guidelines to comply with both the Federal Housing Act, as well as any applicable state and local regulations. All renters are hereby informed that all property rental offers are available on an equal opportunity basis.
1. PROPERTY OWNER'S & MANAGER'S RESPONSIBILITIES As a property owner or manager you have a responsibility and a requirement under the law not to discriminate in the rental of property on the basis of race, color, religion, sex, handicap, familial status, or national origin. You cannot instruct your agent to convey on your behalf any limitations in the rental because your agent is bound by law not to discriminate. Agents in a rental transaction are prohibited by law from discriminating on the basis of race, color, religion, sex, handicap, familial status, or national origin. They are prohibited from complying with a request from the property owner or manager to act in a discriminatory manner in the lease or rental. Moreover, a property owner or manager cannot establish discriminatory terms or conditions in the purchase or rental, deny that housing is available, or advertise that the property is available only to persons of a certain race, color, religion, sex, handicap, familial status, or national original.
2. RENTER'S RIGHTS As someone seeking to rent an apartment, home or condo, you have the right to expect that housing will be available to you without discrimination or other limitations based on race, color, religion, sex, handicap, familial status, or national origin. This includes the right to expect equal professional service, the opportunity to consider a broad range of housing choices, no discriminatory limitations on communities or locations of housing, no discrimination in the pricing or financing of housing, reasonable accommodations in rules, practices and procedures for persons with disabilities, and to be free from harassment or intimidation for exercising your fair housing rights.
3. THE LAW
Civil Rights Act of 1866 The Civil Rights Act of 1866 prohibits all racial discrimination in the sale or rental of property.
The Fair Housing Act The Fair Housing Act declares a national policy of fair housing throughout the United States, making illegal any discrimination in the sale, lease or rental of housing, or making housing otherwise unavailable, because of race, color, religion, sex, handicap, familial status, or national origin.
Americans with Disabilities Act Title III of the Americans with Disabilities Act prohibits discrimination against persons with disabilities in places of public accommodations and commercial facilities.
The Equal Credit Opportunity Act The Equal Credit Opportunity Act makes discrimination unlawful with respect to any aspect of a credit application on the basis of race, color, religion, national origin, sex, marital status, age or because all or part of the applicant's income derives from any public assistance program.
State and Local Laws State and local laws often provide broader coverage and prohibit discrimination based on additional classes not covered by federal law.
4. IF YOU SUSPECT DISCRIMINATION
Call the U.S. Department of Housing and Urban Development.
You can contact HUD on the Internet at http://www.hud.gov/offices/fheo/index.cfm
|