Effective Date: October 1, 2022
This Agent Subscription Agreement (this “Agreement”) is by and between RentalBeast , Inc., (“Rental Beast,” “we,” or “us”) and you (“you” or “Agent”). You and Rental Beast are individually referred to in this Agreement as a “Party” and jointly as the “Parties”. This Agreement constitutes a legally binding contract.
The terms of this Agreement, as well as the Rental Beast Terms of Use, Privacy Policy, and other Rental Beast terms or policies (collectively, the “Rental Beast Policies”), which are incorporated into this Agreement, govern your use of the subscription features of the Rental Beast online rental platform (the “Rental Beast Platform"), the information, software, code, programs, processes, products, and services made available therein (the “Services”), and your ongoing subscription to the Services (the “Subscription”). In the event of an inconsistency between this Agreement and the Terms of Use, this Agreement shall control.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER WHICH MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. PLEASE READ THESE TERMS CAREFULLY.
1. Acceptance; Modification. By signing up for a Subscription and/or using the Rental Beast Services, you: (i) acknowledge that you have read and understood this Agreement and the Rental Beast Policies, (ii) agree to be bound by the termsof this Agreement and Rental Beast Policies, (iii)represent that you are at least18 years of age; and(iviii) represent that you have full authority to enter into this Agreement. If you do not agree to be bound by the terms of this Agreement, you must immediately cease all use of theRental Beast Platform and Services and agree that you will cancel your Subscription immediately. Rental Beast may modify this Agreement at any time without liability.If we make material changes, we will notify you of material changes by email or by posting a conspicuous notice on the Rental Beast Platform. We may notify you of minor changes to thisAgreement by posting the new terms here and updating the “Effective Date” above.It is your responsibility to regularly review this Agreement for updates.
2. Services.
2.1 License to Agent. Rental Beast hereby grants to you a nonexclusive, nontransferable, revocable limited license to access and use the Rental Beast Platform and the Services and the data, content, feedback, and functionality therein (the “RentalBeast Materials”), for your own non-commercial use.
2.2 Submissions. The Services will allow you to access via the Internet and use the Rental Beast Platform and Services to: (a) submit, input and upload data, text, graphics, photographic images, audio, video, pricing data, descriptions, information, and other materials into the Rental Beast Platform (collectively, the “Submissions”), and (b) search and view the Submissions of other users (“Users”). All right, title, and interest in your Submissions shall remain with you or your licensors. Notwithstanding the foregoing, you hereby waive and agree never to assert any “moral” or similar rights, including without limitation any integrity or attribution rights with respect to the Submissions.
2.3 License to Rental Beast. You hereby grant to Rental Beast a non-exclusive, fully paid up, royalty-free perpetual license to use, publish, copy, modify, manipulate, transmit, syndicate, display, sublicense (through multiple tiers), create derivatives of, and distribute the Submissions to third parties in connection with the Services. You acknowledge: (a) other Users will have the ability to search and view your Submissions, and (b) your Submissions will be sublicensed or syndicated to third parties for display on other software, websites, and applications.
2.4 Permitted Use. You may use the Rental Beast Platform and the Services for the sole purpose of providing services to your own clients or customers (renters or landlords) in accordance with terms of this Agreement and the Rental Beast Policies. Without limiting the foregoing, under no circumstances shall you use or exploit the Rental Beast Platform and the Services for purposes adverse to Rental Beast, including without limitation, to solicit any renters or landlords of which you become aware through the Rental Beast Platform of the Services to work with you outside of the Rental Beast Platform.
2.5 Unacceptable Submissions. You agree not to post, place or transmit, and the Submissions shall not include, any material that:
(a) violates any federal, state or local law rule or regulation, including without limitation, any fair housing laws, or any industry or trade group rules or regulations;
(b) is inaccurate, false, or may mislead or confuse Users of the Rental Beast Platform or the Services;
(c) is threatening, defamatory, harassing, abusive, obscene, pornographic, objectionable, or otherwise inappropriate, in Rental Beast’s sole discretion;
(d) misappropriates or infringes rights of privacy, publicity, copyrights or other intellectual property or other rights of third parties;
(e) features the name, photograph, image, voice, or likeness of an individual, without the prior express consent of such individual; or
(f) promotes bigotry, racism, hatred or harm against any individual or group or that otherwise violates the terms of this Agreement.
2.6 Removal of Submissions. Rental Beast is not responsible for, and has no obligation to review, edit, or comment on the content of Submissions. However, Rental Beast reserves the right, in its sole discretion, to delete, disable access to, move, or edit any Submissions that violate this Agreement, the Rental Beast Policies, or applicable law. Publication of Submissions does not constitute an approval or endorsement by Rental Beast and should not be construed as a confirmation that such Submissions comply with applicable laws, this Agreement, or the Rental Beast Policies.
3. Ownership of Rental Beast Materials and Acceptable Use of Materials Rental Beast and its licensors own all right, title and interest in and to the Rental Beast Platform, the Services, and the Rental Beast Materials, including without limitation all copyright, trademark, trade secret, trade dress, patent, and publicity rights. You agree not to contest Rental Beast’s ownership claims, or decompile, disassemble, reverse engineer, create derivatives of, or attempt to license, sub-license or re-license the Rental Beast Platform, Services, or Rental Beast Materials at any time, or assist or enable any other person to do so. You acknowledge and understand you any only permitted to use the Rental Beast Platform, Services, and Rental Beast Materials as expressly authorized in this Agreement or the Rental Beast Policies. You also agree not to use the Rental Beast Materials in any way that is unlawful or harms Rental Beast or its Users, service providers, suppliers or any other person.
4. Rental Beast Materials. You acknowledge and understand that: (i) the provision of the Rental Beast Materials through the Services are subject to the contractual relationship between Rental Beast and its licensors, including without limitation multiple listing services, REALTOR® Associations, real estate brokerages, information exchanges, Users, property owners, and property management companies, or the ongoing consent of third parties, and (ii) the termination of such relationships or withdrawal of consent will result in the removal of certain licensed data from the Rental Beast Materials. Rental Beast is not liable to you for any Rental Beast Materials removed from the Rental Beast Platform or Services and disclaims any warranties with regards to the continuing availability of such Rental Beast Materials.
5. Subscription Data.
5.1 When you create an account to use the Services or purchase a Subscription, we will need to collect information from you, which will include personal information, such as your name, email address, mailing address, payment information, or other relevant data (the “Subscription Data”). You agree that you will: (i) provide accurate, current, and complete Subscription Data as may be prompted by any Subscription forms when accessing the Services; and (ii) maintain and promptly update the Subscription Data, and other account-related information you provide to Rental Beast, to keep it accurate, current and complete. Rental Beast will use the Subscription Data in accordance with the Rental Beast Policies.
5.2 You agree that Rental Beast may (i) de-identify Subscription Data (including, for example, to remove identifying characteristics in order to comply with applicable laws and regulations), (ii) use or disclose de-identified Subscription Data for any purpose, (iii) share de-identified Subscription Data with third parties, and (iv) use and share Subscription Data in accordance with the Rental Beast Policies.
5.3 If you have not already created an account with Rental Beast, when you sign up to the Services, you may be asked to create an account and choose a password (your “Password”). You are entirely responsible for maintaining the confidentiality of the Password, and agree to maintain the security of the Password. You agree not to use the account, username, or password of another broker, agent or other User at any time, and you agree to notify Rental Beast immediately if you suspect any unauthorized use of your account or access to your Password. You are solely responsible for any and all use of your account.
5.4 You understand and acknowledge that Rental Beast, its representatives, or other authorized parties will have access to your account and usage information and may review and use such account and usage information as Rental Beast determines appropriate in its sole discretion, including without limitation as reasonably needed to investigate complaints, to provide the Services, or for such other purposes as contemplated in the Rental Beast Policies.
6. Creative Content. From time to time, you may submit information about you or your services to Rental Beast to create a profile or advertise your services, including without limitation advertising content, graphics, photographs, or URLs (the “Creative Content”). By submitting any Creative Content, you hereby grant to Rental Beast a non-exclusive transferrable royalty-free license to use, publish, display, transmit, syndicate, reformat, sublicense (through multiple tiers), and publicly perform the Creative Content. You are solely responsible for all Creative Content you provide to Rental Beast, whether generated by you or on your behalf. You are also responsible for any websites, services, and landing pages to which the Creative Content links or directs viewers. To the extent Rental Beast provides you with an estimated number of impressions associated with a particular Creative Content order, such estimates are not a warranty or guarantee of actual impressions delivered and are subject to change depending on traffic.
7. Payment.
7.1 Subscription Fees. To sign up for a Subscription, you must provide a payment method to Rental Beast. Rental Beast accepts payment by credit/debit card or digital wallet service, such as ApplePay, Google Wallet, and PayPal. You acknowledge Rental Beast will use your payment account information in accordance with the Rental Beast Policies. Your payment information may also be used by the payment processor in accordance with their terms and conditions and privacy policy. You agree that Rental Beast or its payment processor may charge your payment account the current fees for your Rental Beast subscription (the “Subscription Fees”) in accordance with your billing plan. The length of your billing cycle shall depend on the Subscription plan selected by you at the time you sign up for the Subscription. Your Subscription will automatically renew for additional billing cycles at our then-current Subscription Fee rate until you cancel. RENTAL BEAST SHALL CONTINUE TO CHARGE THE SUBSCRIPTION FEES TO YOUR ACCOUNT UNTIL YOUR SUBSCRIPTION IS CANCELLED.
7.2 Payment Terms. The Subscription Fees shall automatically be billed to your payment account. All payments shall be in U.S. Dollars. Any failure to pay the Subscription Fees as due, including without limitation failure due to cancelled payment, expired payment card, or insufficient funds, shall result in the suspension or cancellation of your Subscription. You are responsible for any transaction fees or charges related to insufficient funds or expired payment card and remain responsible for any uncollected Subscription Fees. All fees payable hereunder are exclusive of any applicable sales, use, and other taxes, and you agree to pay any taxes due in connection with your payments to Rental Beast.
7.3 Authorization. By providing us or our payment processor with your payment account information, you represent that you are the accountholder, and you authorize us to charge your account in accordance with your billing plan.
7.4 Updating Payment Method. You can update your payment method at any time by contacting Rental Beast or by updating your account. By updating your payment method, you authorize Rental Beast or our payment processor to charge the new method.
7.5 Changes to Subscription Fees. Rental Beast reserves the right to change the Subscription Fees at any time, in its sole discretion. Any changes to the Subscription Fees shall become effective at the end of your current billing cycle.
7.6 No Refunds. All payments of the Subscription Fees are nonrefundable. If you cancel your account pursuant to Section 8 below, you shall continue to have access to the Rental Beast Platform and Services until the end of your current billing cycle.
8. Cancellation of Subscription; Termination.
8.1 Cancellation of Subscription. This Agreement shall remain in effect and your Subscription shall automatically renew at the end of your billing cycle until either Party cancels your Subscription. You may cancel your Subscription without penalty at any time in accordance with our cancellation policy. A copy of our cancellation policy was sent to you in an email at the time you purchased your Subscription. You may also cancel your Subscription by contacting Rental Beast at info@rentalbeast.com . If you cancel your Subscription, the features and services of your Subscription shall terminate at the end of the then-current billing cycle, as described in Section 7.6. You may still access your account and use the unpaid features of the Services after cancellation.
8.2 Termination. Rental Beast may terminate your Subscription at any time upon notice to you in the event you violate the terms of this Agreement, the terms of the Rental Beast Policies, or applicable law. If termination is due to any of the foregoing, your access to the Rental Beast Platform and Services, including the unpaid features of the Services, may be disabled immediately.
8.3 Effects of Termination. You acknowledge the terms of this Agreement authorize Rental Beast to use your Submissions, Subscription Data, and Creative Content after cancellation or termination, subject to the terms and conditions of this Agreement and the Rental Beast Policies.
9. Confidentiality. From time to time, Rental Beast may disclose non-public information or information identified as “confidential” to you which may include, but is not limited to, upcoming changes or features of the Rental Beast Platform, services in development, or fundraising information (the “Confidential Information”). You agree to keep Confidential Information secure and not to disclose to any third party for any reason without Rental Beast’s prior written consent. In the event of any unauthorized access or disclosure of the Confidential Information in your possession, you agree to notify Rental Beast within twenty (24) hours.
10. Representations and Warranties.
10.1 Agent Representations and Warranties. You hereby represent, warrant, and covenant to Rental Beast that:
(a) You have the full right, power and authority to enter into this Agreement;
(b) You will comply with all applicable local, state and federal laws, ordinances, regulations and orders, including but not limited to the Fair Housing Act, with respect to your use of the Rental Beast Platform and Services, and your Submissions and Creative Content;
(c) You will not interfere with access to or use or enjoyment of the Services by other Users;
(d) Submissions and Creative Content will not infringe upon or violate the rights of any third party and will otherwise comply with the terms of this Agreement and the Rental Beast Policies;
(e) all information provided by you in connection with the Services will be true and correct;
(f) you will not use the Service to upload or transmit any virus, worm, trojan horse, ransomware, or other malicious code or program;
(g) you will not use the Service to send unsolicited or unwanted email, mail, telephone calls, or other communications, or to distribute mass or bulk ‘spam’ email;You will only provide Submissions related to real estate listings for which you have a valid and current contract or agreement with the owner to list such property; and
(h) You have all applicable licenses and authorizations required by applicable authorities allowing you to act as a licensed real estate professional.
10.2 Automated Queries. You represent and warrant that you will not use or execute automated queries (including but not limited to screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) without the express written permission from Rental Beast; provided, however, that you may use publicly available search engines and similar Internet navigation tools ("Search Engines"), but only to the extent such unlicensed "fair use" is permitted under applicable law. Search Engines are not permitted to query or search information protected by a security verification system intended to limit access to registered human users.
11. Indemnification. You shall indemnify, defend, and hold harmless Rental Beast, its officers, directors, employees, affiliates, agents, licensors, suppliers and any third party information providers, from and against all claims, liabilities, losses, expenses, damages and costs (including reasonable attorneys’ fees) arising from or in connection with (i) any violation of this Agreement, including, without limitation, a breach of your representations and warranties, (ii) your violation of applicable law or the Rental Beast Policies; (iii) any action related to access to or use of the Services by you or any person accessing the Services through your account, and (iv) any claims related to your Submissions, Creative Content, or Subscription Data, including without limitation any claim that any of the foregoing infringes or violates a third party’s intellectual property or other rights.
12. Disclaimer of Warranties. THE SERVICES, THE RENTAL BEAST PLATFORM, AND THE RENTAL BEAST MATERIALS ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. RENTAL BEAST AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SERVICES, RENTAL BEAST MATERIALS, OR THE RENTAL BEAST PLATFORM. RENTAL BEAST DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THE RENTAL BEAST PLATFORM OR ACCESSIBLE THROUGH THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. RENTAL BEAST IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS OR OMISSIONS, INCLUDING THOSE RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. RENTAL BEAST DISCLAIMS ANY WARRANTY THAT ACCESS TO THE RENTAL BEAST PLATFORM, SERVICES, OR RENTAL BEAST MATERIALS WILL BE AVAILABLE OR UNINTERRUPTED. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SERVICES, IS AT YOUR SOLE RISK.
RENTAL BEAST DOES NOT MAKE ANY WARRANTIES REGARDING YOUR SUBSCRIPTION, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT YOUR SUBSCRIPTION WILL MEET YOUR NEEDS OR EXPECTATIONS.
13. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RENTAL BEAST, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, LICENSORS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (A) YOUR USE OF THE RENTAL BEAST PLATFORM, RENTAL BEAST MATERIALS, OR SERVICES, (B) YOUR SUBMISSIONS, SUBSCRIPTION DATA, OR CREATIVE CONTENT, OR (C) THE ACTIONS, OMISSIONS, CONTENT, SUBMISSIONS, OR CREATIVE CONTENT OF ANY THIRD-PARTY. RENTAL BEAST IS NOT LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES, SUBSCRIPTION DATA, OR CREATIVE CONTENT BY A THIRD PARTY.
YOU ACKNOWLEDGE AND AGREE THAT “NEIGHBORHOODS” (AS THAT TERM IS USED IN THE SERVICES) (A) ARE NOT SUBJECT TO A GENERALLY ACCEPTED DEFINITION, BUT ARE SUBJECT TO INDIVIDUAL INTERPRETATION, (B) ARE NOT NECESSARILY “SUBDIVISIONS”, AND (C) ARE NOT AVAILABLE FOR EVERY CITY IN THE U.S. RENTAL BEAST IS NOT LIABLE FOR ANY DAMAGES, LOSSES, OR LIABILITIES THAT RESULT FROM THE USE OF, INABILITY TO USE, OR MISCONCEPTIONS THAT ARISE FROM, THE USE OF “NEIGHBORHOODS” IN THE SERVICES.
RENTAL BEAST’S AGGREGATE, CUMULATIVE LIABILITY TO YOU SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO RENTAL BEAST IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SO THE ABOVE LIMITATIONS MAY NOT APPLY.
14. Miscellaneous.
14.1 Notices. Unless expressly stated otherwise herein, any notice, demand, request or delivery required or permitted to be given by either Party pursuant to the terms of this Agreement shall be in writing and shall be deemed given (a) on the next business day after timely delivery to an overnight courier, (b) on the third business day after deposit in the U.S. mail (certified or registered mail return receipt requested, postage prepaid), or (c) upon confirmed delivery, when sent by email or electronic delivery through the Rental Beast Platform. Notices shall be sent to Rental Beast at:
Rental Beast, Inc.
403 Highland Avenue, Suite #206
Somerville, Massachusetts 02144
Email - info@rentalbeast.com
and to you at any mailing address or email address you provide to Rental Beast. You may update your address at any time by providing written notice to Rental Beast.
14.2 Assignment. You may not assign or transfer this Agreement or any of your obligations, responsibilities, rights, or interests under this Agreement without the written consent of Rental Beast. Any assignment or transfer by you in violation of this subsection shall be void and without force or effect. Rental Beast shall have the right to assign this Agreement without your consent to (1) a subsidiary, parent, or related company of Rental Beast, (2) as part of the sale of all or substantially all of Rental Beast’s assets, business, or stock to a third party, or (3) as part of a merger or acquisition of Rental Beast by a third party.
14.3 Choice of Law, Waiver, and Claims. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions to the contrary. Subject to Section 14.4, any action arising out of or relating to this Agreement shall be brought in the federal or state courts located in Suffolk County, Massachusetts. Rental Beast’s failure to exercise or enforce any right or provision of this Agreement will not be deemed to be a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the Parties nevertheless agree that the court should endeavor to give effect to the Parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement, the Services, or your Subscription must be filed within one year after such claim or cause of action arose or be forever barred.
14.4 Arbitration. THIS SECTION AFFECTS YOUR LEGAL RIGHTS. YOU SHOULD READ IT CAREFULLY.
YOU AGREE THAT ALL DISPUTES ARISING OUT OF THIS AGREEMENT, USE OF THE SERVICES OR RENTAL BEAST PLATFORM, YOUR SUBSCRIPTION, OR YOUR RIGHT OF PRIVACY WILL BE RESOLVED BY BINDING ARBITRATION. Any controversy or claim arising out of or relating to this Agreement, the Services, or your Subscription will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”). Arbitration costs shall be shared equally between us unless the arbitrator determines that such costs and expenses are unfair, in which case we will pay all arbitration fees and expenses. Each of us shall be responsible for our own legal fees related to the arbitration. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. All actions must be commenced within one (1) year of the event giving rise to the claim. The arbitration must be conducted in Boston, Massachusetts, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either Rental Beast or you may seek any interim or preliminary relief from a court of competent jurisdiction in Suffolk County, Massachusetts, as necessary to protect the rights or property of you or Rental Beast.
You hereby waive your right to participate in a representative action, class-action lawsuit, or class-wide arbitration for any claims arising out of this Agreement, the Services, or your Subscription. If a court rules that this class action waiver is void or unenforceable for any reason, or that an arbitration can proceed as a class action, then the arbitration provision set forth above shall be deemed null and void in its entirety and the dispute shall be brought in the federal or state courts in Suffolk County, Massachusetts, and you hereby consent to the personal jurisdiction of such courts.
This section 14.4 shall not limit either your or Rental Beast’s right to bring an action in small claims court for any claim that meets the jurisdictional requirement of such court.
14.5 Rental Beast Policies. Your use of the Services and its Subscription are also governed by the Rental Beast Privacy Policy and Terms of Use, incorporated into this Agreement by reference.
14.6 Force Majeure. Rental Beast shall not be deemed to be in default of or to have breached any provision of this Agreement as a result of any delay, failure in performance or interruption of service, resulting directly or indirectly from acts of God, acts of civil or military authorities, civil disturbances, terrorism, wars, strikes or other labor disputes, fires, floods, epidemics, pandemics, governmental regulations superimposed after the fact, interruptions in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophes or any other occurrences which are beyond Rental Beast’s reasonable control.
14.7 Independence. Nothing in this Agreement creates an employment, partnership, joint venture, or agency relationship between Rental Beast and you. The relationship between the Parties shall be that of independent contractors.
14.8 Electronic Signature. You acknowledge and understand that the affirmative act of using the Services or clicking to accept this Agreement constitutes your electronic signature to this Agreement, and such electronic signature creates a legally binding agreement. You acknowledge other legal documents available through the Services or your Subscription may be executed electronically, and you consent to providing said electronic signature and agree to be bound by the terms and conditions of such documents.
