RentalRoost, Inc. (together with its parent, subsidiaries and/or affiliates, “Company”, “we”, “us” or “our”) maintains RentalRoost.com and Houserie.com (each referred to herein as a “Site”).
Each Site is offered to you conditioned upon your acceptance without modification of these Terms and Conditions (“Terms”). By accessing or using a Site in any manner, you agree to be bound by these Terms. Please read these Terms carefully. If you do not accept all of these Terms, please do not use the Site. Be sure to return to this page periodically to review the most current version of these Terms. We reserve the right at any time, at our sole discretion, to change or otherwise modify these Terms without prior notice, and your continued access or use of a Site signifies your acceptance of the updated or modified Terms.
Each Site may have secure sections, accessible only by registered customers, as well as publicly accessible sections. Any reference to a Site includes both the public and restricted sections of a Site.
As a condition of your use of a Site, you warrant that (i) all information supplied by you on a Site is true, accurate, current and complete, (ii) you have the power, authority, and capacity to be bound by these Terms, and (iii) you are 13 years of age or older in order to use and contribute to a Site. Company does not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny access to anyone to a Site and the products, tools and/or services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms.
We urge all users to be responsible about their use of a Site and any transaction entered into as a result of either listing a property, renting a property or obtaining a tenant screening. We do not own or manage, nor can we contract for, any property listed on a Site. We are only acting as an intermediary venue to allow homeowners, landlords and/or property managers (each, a "Landlord") to offer for rent a specific property to potential renters (each, a "Tenant" and, collectively with a Landlord, the "Users"). Although a Site may allow Users to communicate with each other and enter rental agreements or other transactions, we are not a party to any such rental or other agreement between the Users.
As a result, any part of an actual or potential transaction between Users, including the quality, condition, safety or legality of the properties advertised, the truth or accuracy of a property listing (including the content thereof or any property review), the ability of Landlord to rent a property or the ability of Tenant to pay for a property, are solely the responsibility of each User.
You acknowledge and agree that you may be required to enter into a separate agreement and/or waiver prior to purchasing certain products, tools or services on a Site. We reserve the right, in our sole discretion, to place additional restrictions on any product, tool or service we offer on a Site.
Users agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of a Site, their use of any product, tool or service offered on a Site and any transaction they enter into on a Site or in connection with their use of a Site.
2. Limited License to Use the Site
You are granted a limited, revocable, non-exclusive license to access a Site and the content and services provided on a Site solely for the purpose of advertising a rental property, searching for a rental property, purchasing or researching (for the purpose of inquiring about purchasing) any of the products, tools or services offered on a Site, participating in an interactive area hosted on a Site or for any other purpose clearly stated on a Site, all in accordance with the Terms. Any use of a 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.
3. Unauthorized Uses of the Site
The license to use a Site only extends to the uses expressly described herein. The license to use a Site granted to Users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or derivative use of a 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 a 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 other 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.
4. User Content
We have no duty to pre-screen content posted on a Site by Users, whether directly contributed by the User or contributed by us or a third party on behalf of the User, including, without limitation, postings, messages, text, files, images, photos, property listings, reviews of a property, participation in an interactive community, forum or blog or any other content provided by a User to a Site ("User Content"). User Content also includes information that a User provided to a third party website which is then provided to our Site by a tool we offer.
All User Content is the sole responsibility of the User who contributed such content, whether such User contributed the content directly or through a third party website. You understand that Company does not control, and is not responsible for User Content made available through a Site and we specifically disclaim any liability related thereto. All Users represent and warrant that they own or otherwise control and have all legal rights to the content submitted by them and the name or other identifier used in connection with such submission including, but not limited to, all the rights necessary to provide, post, upload, input or submit the User Content. We reserve the right to request proof of ownership or permission, and to refuse to post User Content without such proof or if such proof is, in our sole discretion, insufficient.
We further reserve the right to decline to permit the posting on a Site, or to remove from the Site, any User Content that violates the Terms, any applicable law or regulation or any guidelines posted on a Site, each as determined in our sole discretion. Finally, we reserve the right (but do not assume the obligation) to edit User Content in a non-substantive manner solely to cause the content to comply with our content guidelines or formatting requirements.
User Content shall not:
5. Proprietary Rights
Each Site and all content and information on the Site are protected by copyright as a collective work and/or compilation, pursuant to applicable U.S. and international copyright laws and conventions and database rights. You agree to abide by any and all copyright notices, information, or restrictions contained in or relating to any content on a Site. Copying, storing or otherwise accessing a Site or any content on a Site for any purpose other than for your personal, noncommercial use is expressly prohibited without prior written permission from us.
Although Company does not claim ownership of User Content, you grant us and our affiliates an irrevocable, perpetual, non-exclusive right to use, copy, perform, display and distribute such User Content and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. You also grant us the ability to copyright and protect the User Content, including the images, copy, and content, 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.
In the event that you use any of our products, tools or services that we may from time to time offer that integrate 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.
7. Limitations on Communications
You agree that, with respect to other Users' personal information that you obtain directly or indirectly from or through a Site or through any Site-related communication, transaction or software, we have granted to you a license to use such information only for: (a) Site-related communications that are not unsolicited commercial messages, (b) using services offered through the Site, and (c) inquiring about or otherwise facilitating a transaction between you and another User related to the purpose of a Site (such as inquiring about renting a property or charging a personal credit card). Any other purpose will require express permission from the User. You may not use any such information for any unlawful purpose or with any unlawful intent.
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.
8. Social Media or Third Party Websites
If a Site offers a tool or service which allows us to access or use any profile or other information about you that you have provided to Facebook or another third party website (each a " Social Media Site ") and you decide to use such a tool or service, you acknowledge and agree that:
9. Software Available on the Site
Each Site is controlled and operated by Company or an affiliate of Company in the United States. Any software available on the Site (the "Software") is subject to United States export controls. No Software available on a Site or software available on any other site operated by Company or an affiliate of Company in the United States may be downloaded or otherwise exported or re-exported (a) into (or to a resident of) Cuba, Iraq, 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 a 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.
All such Software is the copyrighted work of Company, an affiliate of Company or an identified third party. Your use of such Software is governed by these Terms and the terms of any additional license agreement that accompanies or is included with such Software. If the Software is not accompanied by an additional license agreement, we hereby grant you a limited, personal, nontransferable license to use the Software for viewing and using this Site in accordance with these Terms and for no other purpose.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. COPYING OR REPRODUCING ANY SOFTWARE AVAILABLE ON THIS SITE IS EXPRESSLY PROHIBITED, EXCEPT AS SPECIFICALLY PROVIDED FOR IN A LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
10. Links to Third Party Sites
A Site may contain links or references to other websites, resources, and sponsors of a Site. Links to and from a Site to other third-party websites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party websites or the contents thereof. We may also provide tools to allow interaction between a Site and a third party website, such as a Social Media Site. We are not responsible in any way for such third-party websites or resources and your use of such sites and resources will not be governed by these Terms.
11. Limitation of Liability
UNDER NO CIRCUMSTANCE WILL COMPANY AND ITS OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES (COLLECTIVELY, THE "COMPANY GROUP"), OR ANY THIRD PARTY PROVIDER OF A PRODUCT, SERVICE OR TOOL OFFERED ON A SITE (EACH A "THIRD PARTY PROVIDER"), BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) A SITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (D) USE OF A SITE, PRODUCTS, TOOLS OR SERVICES WE PROVIDE, (E) ANY USER CONTENT, (F) INTERACTION BETWEEN A SITE AND ANY THIRD PARTY WEBSITE, INCLUDING WITHOUT LIMITATION A SOCIAL MEDIA SITE, AND/OR (G) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US OR ANOTHER USER OF A SITE WITH RESPECT TO THESE TERMS OR A SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE A SITE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $100.00 IN THE AGGREGATE FOR ALL CLAIMS.
YOU AGREE THAT USE OF A SITE, PRODUCTS, TOOLS AND SERVICES WE PROVIDE IS ENTIRELY AT YOUR OWN RISK. A SITE, INCLUDING ALL CONTENT, PRODUCTS, SERVICES, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH A SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON A SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS, TOOLS OR SERVICES OR LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE, EVEN IF WE BECOME AWARE OF ANY SUCH BREACHES. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN A SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT A SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM A SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER CONTENT TO US AND BY POSTING INFORMATION ON A 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 WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION OR OTHER TRANSACTION BETWEEN USERS OF A 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 A SITE.
ALL MATERIALS, INFORMATION AND SERVICES, INCLUDING WITHOUT LIMITATION STANDARDIZED FORMS, PROVIDED ON OR THROUGH A SITE ARE NOT, UNDER ANY CIRCUMSTANCES, TO BE CONSIDERED OR USED AS LEGAL ADVICE. SUCH MATERIALS ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND SHALL NOT BE CONSIDERED INDIVIDUALIZED INFORMATION OR ADVICE. YOUR USE OF SUCH MATERIAL DOES NOT CREATE ANY SORT OF ATTORNEY-CLIENT RELATIONSHIP. YOU SHOULD CONTACT A QUALIFIED ATTORNEY LICENSED TO PRACTICE IN YOUR STATE FOR LEGAL ADVICE TAILORED TO YOUR SPECIFIC NEEDS.
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 CONTENT) OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH A SITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE AND FOREVER DISCHARGE THE COMPANY GROUP, THIRD PARTY PROVIDERS 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 A 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."
Each Site is operated by Company in the United States and we make no warranty that the materials and content on a Site are appropriate or available for use outside of the United States. Those who choose to access a Site from outside the United States do so on their own initiative and are responsible for local laws, if and to the extent that local laws are applicable.
These Terms and the relationship between you and Company shall be governed by the law of the state of California without regard to its conflict of law provisions. You agree that any dispute you may have against Company arising from or relating to a Site must be heard and resolved in state or federal courts in Alameda County, California. To the extent allowed by applicable law, you agree to bring any such claim or cause of arising from or relating to your access or use of a Site within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
Except as explicitly stated otherwise, any notices required under these Terms may be given to Company by email to:
To contact us for any other reason, Users can go to:
17. Changes to the Site or these Terms and Conditions
We may change, suspend or discontinue any aspect of a 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.
The types of products, tools and services (including the features, terms and operation thereof) offered are subject to change without notice or approval. We further reserve the right to offer additional products, tools, services or features for purchase at any time.
Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of a Site.
These Terms (and any other terms, conditions or guidelines referenced herein) constitute the entire agreement between you and Company with respect to a Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and Company with respect to a Site. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any part of these Terms are 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 remaining provisions in the Terms shall continue in effect. 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.
Additional Terms and Conditions Applicable to Certain Products, Tools or Services
1. Products and Services.
At this time, the following services may be available to Users in the United States, excluding territories and possessions listed on a Site.
Property Listing: You may create a property listing advertisement by entering text, data, images, video links, and other information (collectively, “Property Listing”) into a Site. Users are solely responsible for keeping their Property Listings up-to-date on a Site, including, but not limited to any and all representations about any property, its amenities, location, price, and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, property reviews, property location, suitability, pricing or availability information published on a Site is accurate or up-to-date even in the case where prospective Tenants searched for specific special offers or types of properties. Landlords are solely responsible for ensuring the accuracy of any property descriptions, and Tenants are solely responsible for verifying the accuracy of such descriptions.
Landlords further agree that they are responsible for and agree to abide by all laws, rules and regulations applicable to the advertisement of their property and the conduct of their rental business, including but not limited to taxes, permit or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable. Please be aware that, even though we are not a party to any rental transaction and assume no liability for legal compliance pertaining to a Property Listing on a Site, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to your Property Listing in order to comply with governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion.
By submitting User Content for a Property Listing, 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, we will not continue to display the User Content that was displayed in such listing.
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 Property Listing or otherwise provide promotional or other services related to a Site or our business. Further, you agree that we may reproduce in whole or in part any photographic material supplied by you in the promotion of either such property or the promotion of a Site.
Digital Rental Application. We may provide digital rental applications that you may use to gather information for your evaluation of prospective Tenants. You specifically acknowledge that the Company is not responsible for confirming the identity of any User or potential Tenant and specifically acknowledge that you are solely responsible for obtaining proof of identity from all User’s or prospective Tenants.
Tenant Screening. We may market Tenant Screening Packages containing personal background and eviction information in conjunction with Third Party Providers, including without limitation consumer reporting agencies. Such packages will not be provided to Users until we have received authorization of the request from the prospective Tenant. Tenant Screening Packages and the use thereof may be limited or restricted as determined by Third Party Providers. Prior to acceptance of any Tenant Screening Packages request, Company will be required to verify the identity and permissible purpose of User requesting such service. Company retains the authority to reject any request for such service in its sole discretion.
Landlord agrees that any Tenant Screening Package: (i) will be used solely for tenant screening purposes pursuant to FCRA Section 604(a)(3)(b); (ii) will be used in compliance with all applicable laws, regulations and ordinances, and all special use restrictions set forth in these Terms or adopted by any Third Party Provider and/or Company hereafter; and (iii) will be maintained in confidence and disclosed only to persons whose duties reasonably relate to the business purposes for which the information was requested.
Form Leases. For your convenience, Company may provide complimentary standardized forms. Such forms are only provided for general information purposes and shall not be considered individualized information or legal advice. We strongly encourage you to consult a qualified attorney licensed to practice law in your state for legal advice tailored to your specific needs.
2. Products and Services Provided Online.
All Products and Services are offered only online through a Site. You acknowledge and assume all risks associated with conducting transactions online. You will be required to use a unique username and password each time you log into your User account. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR UNIQUE PASSWORD AND ACCOUNT INFORMATION AT ALL TIMES. You should select a strong username and password and change them regularly. You should notify us immediately if you believe your password has been lost or stolen.
You are also responsible for updating your User account as necessary to assure that the information remains accurate and true.
3. Payment for Products, Tools and Services.