PLEASE READ THESE TERMS OF USE (“AGREEMENT”) CAREFULLY BEFORE ACCESSING, USING, OR BROWSING THE RENTAL BEAST SERVICES (AS DEFINED BELOW), INCLUDING THE RENTAL BEAST WEBSITE (“WEBSITE”), MOBILE APPLICATION AND SOFTWARE PLATFORM. THIS AGREEMENT INCLUDES THE GENERAL TERMS AND LISTING TERMS, BOTH AS DEFINED BELOW, THE RENTAL BEAST PRIVACY POLICY, AND ANY OTHER POLICIES OF RENTAL BEAST.
BY ACCESSING, USING, OR BROWSING THE RENTAL BEAST SERVICES, YOU, ON BEHALF OF YOURSELF OR YOUR ENTITY, AS APPLICABLE, ACKNOWLEDGE THAT: (1) YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (2) YOU AGREE TO BE BOUND BY THIS AGREEMENT; (3) THIS AGREEMENT IS THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN YOU AND RENTAL BEAST, INC. (“RENTAL BEAST,” “WE” OR “US”); AND (4) IF ACCESSING, USING, OR BROWSING THE RENTAL BEAST SERVICES ON BEHALF OF AN ENTITY, YOU HAVE FULL AUTHORITY TO BIND YOUR ENTITY TO THIS AGREEMENT.
IF YOU ARE NOT WILLING TO BE, OR CANNOT BE, BOUND BY ALL OF THESE TERMS, THEN DO NOT ACCESS, USE, OR BROWSE THE RENTAL BEAST SERVICES. MOREOVER, RENTAL BEAST DOES NOT, AND WILL NOT, GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, USE, OR BROWSE THE RENTAL BEAST SERVICES WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT.
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 THIS AGREEMENT CAREFULLY.
(Last updated October 1, 2022)
These Rental Beast General Terms and Conditions (the “General Terms”) are a contract between you and RentalBeast, Inc. (“Rental Beast”), and apply to your use of one or more of Rental Beast’s paid or unpaid products or services (collectively, the “Services”). These General Terms apply to all users of the Services (collectively, the “Users”), whether they are renters seeking a new home (“Renters”), landlords with residential properties for rent (“Landlords”), or real estate agents, brokers, management companies or property managers (“Real Estate Professionals” or “REPs”). Landlords and REPs that list rental properties on Rental Beast are also subject to the Listing Terms and Conditions (the “Listing Terms”), set forth herein. If you sign up for a subscription to use the Services (a “Subscription”), your Subscription shall also be governed by our Subscription Agreement. The terms of the applicable subscription agreement or Listing Terms shall control over these General Terms to the extent there is any conflict between the two agreements. BY USING THE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY ALL OF THE GENERAL TERMS BELOW. The Services are described at http://www.RentalBeast.com. You agree that Rental Beast may change this Agreement at any time by posting the new Agreement on the Rental Beast website located at http://www.RentalBeast.com (the “Website”) and indicating the date of the last revision at the top. Rental Beast may, but is not obligated to, provide you with other forms of notice of such changes. However, you waive any right to specific notice of such changes, and your continued use of Services following the posting of the changes or other notification constitutes your acceptance of such changes or modifications. Therefore, you should frequently review these General Terms and applicable policies to understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended terms, you must stop using the Services and cancel your Subscription, if applicable. This Agreement include the Rental Beast Privacy Policy (located at http://www.RentalBeast.com/privacy), which is incorporated by reference herein, and you agree to use the Services in accordance with the Privacy Policy.
(a) You agree you will (i) provide accurate, current, and complete information as may be prompted by any subscription forms when you access, use, or subscribe to the Services (“Subscription Data”); 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.
(b) If you have not already created an account with Rental Beast, when you access and use certain Services, you may be asked to create an account and choose a password. You are entirely responsible for maintaining the confidentiality of your password, and you agree to maintain the security of your password. You agree not to use the account, username, or password of another Rental Beast User at any time, and 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.
(c) To ensure Rental Beast can provide high-quality Services that are responsive to your needs, you understand that Rental Beast representatives 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 to you, or for such other purposes as contemplated in Rental Beast’s Privacy Policy (located at https://rentalbeast.com/legal/privacy-policy).
(d) Contact by Rental Beast’s affiliates. If you are a Renter, you may be contacted by service providers (e.g., a real estate agent or a lender) as a result of utilizing the Services and you authorize Rental Beast to provide your contact information and other identifying information you provide to these service providers. You acknowledge that, by submitting your contact request or other request form on the Services, you may receive telemarketing calls from or on behalf of service providers. If you are a Landlord or REP, you may access information about Renters in the course of using the Services, and you agree to use such information in accordance with these General Terms and all applicable laws. All users may be contacted by our marketing affiliates in accordance with our Privacy Policy.
By providing your mobile number to Rental Beast, you expressly consent to receiving periodic text or short message service (SMS) messages from Rental Beast containing important information, notices, updates, transactional information, specials, and promotional information. You may unsubscribe at any time by contacting Rental Beast at info@rentalbeast.com or by following the instructions in the text or SMS message. Standard message and data rates may apply.
The Services may allow you to submit certain information and materials to RentalBeast, including, without limitation, text, data, graphics, photographic images, and other content, as part of your use of the Services (“Submissions”). You hereby grant to Rental Beast a non-exclusive, fully paid up, royalty-free license to use, publish, copy, modify, transmit, display, and distribute your Submissions in connection with the Services. For the avoidance of doubt, under this license, Rental Beast may share Submissions of Landlords and REPs with its third-party service providers who assist in the provision and improvement of the Rental Beast Services.
Under these General Terms, you agree that you will not post, place or transmit any of the following material using the Services and that your Submissions will not include any of the following material:
(a) any material that 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) any material that is inaccurate, false, or may mislead or confuse users of the Website or Services;
(c) any material that is threatening, defamatory, harassing, abusive, obscene, pornographic, objectionable, or otherwise inappropriate, in RentalBeast’s sole discretion,
(d) any material that misappropriates or infringes rights of privacy, publicity, copyrights, patent, trademark, or other intellectual property or other rights of third parties;
(e) any material that features the name, photograph, image, voice, or likeness of an individual, without the prior express consent of such individual;
(f) any material that you do not own or are not authorized to provide; or
(g) any material that promotes bigotry, racism, hatred, or harm against any individual or group or that otherwise violates any of these General Terms.
Rental Beast reserves the right to remove any Submissions that violate these General Terms, in its sole discretion; however, Rental Beast does not have any control over, and disclaims any responsibility or liability for content supplied by third parties, including Submissions. 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, these General Terms, or other Rental Beast policies.
b. Ownership of Rental Beast Materials and Acceptable Use of Materials.
As between Rental Beast and You, You acknowledge and agree that Rental Beast owns all rights, title and interest in the RentalBeast.com Website, mobile application, Services, and software platform, and any and all data, software, programs, codes, processes, and any other functionality contained in or on the RentalBeast.com Website and all of the content accessible on the Services (“Rental Beast Materials”), other than Your Listing Content (as defined in the Listing Terms), if applicable. You agree not to contest Rental Beast’s ownership claims, or disassemble, reverse engineer, create derivatives of, or attempt to license, sub-license or re-license, any of the Rental Beast Materials at any time, or assist or enable any other person to do so. You also agree not to use the Rental Beast Materials in any way that is unlawful, or harms Rental Beast, its Users, its service providers, its suppliers, or any other person. Further, Rental Beast may terminate your use of the Services and Rental Beast Materials if and when it determines that your use is inappropriate, in its sole discretion.
c. Data Rights.
All data collected or generated by Rental Beast through the Services (collectively, the “Data”), shall be the sole and exclusive property of Rental Beast; provided, for the avoidance of doubt, Data specifically excludes Submissions provided to Rental Beast by Landlords and REPs, which shall remain the property of such parties or their licensors. Rental Beast may use the Data as set forth in the Privacy Policy. Rental Beast grants to Landlord and REP Users a non-transferable, non-sublicensable license during the Term to use the Data solely for their internal business purposes, including providing real estate services to their clients, subject to the restrictions herein. Landlords and REPs may not copy, reproduce, transfer, distribute, modify, or make derivative works of the Data; except to copy, reproduce, distribute, or incorporate into a larger work any individual listing solely for internal use by employees, consultants and agents of such Landlord or REP, or for use with an individual client. Except as expressly permitted herein, (i) you may not display Data on any website or make any compilations thereof, and (ii) you may not provide Data to any third party.
d.Testimonials.
REPs and Landlords may add testimonials to their Rental Beast account. By publishing a testimonial on your Rental Beast account, you represent to Rental Beast that: (a) you have the consent of the testimonial author to publish his or her personal information, if applicable, and (b) the testimonial author has consented to publication of the testimonial on the Website. By publishing a testimonial on your Rental Beast account, you acknowledge that you have no ownership rights, including without limitation any copyright or trademark rights, in the testimonial and you agree to indemnify, defend, and hold harmless Rental Beast from any claims or demands arising out of or relating to your testimonials, including without limitation, claims for privacy violations, right of publicity, defamation, or intellectual property infringement.
e. Feedback.
If you provide to us (directly or indirectly, and by any means) any comments, feedback, ideas, or other suggestions related to the Services (collectively "Feedback"),the Feedback will be the sole property of Rental Beast. We will be entitled to use, reproduce, disclose, publish, distribute, and otherwise exploit in any manner, allFeedback, without restriction and without compensation or liability to you. We are and shall be under no obligation to maintain any Feedback in confidence, or to respond to, adopt, or implement any Feedback.
If you are a Landlord or REP, you are solely responsible for all Submissions provided to Rental Beast, including ad targeting locations and all ad content, ad information, and ad URLs, whether generated by you or someone on your behalf. You are also responsible for all websites, services and landing pages to which your Submissions link or direct viewers. Rental Beast may provide you with estimated number of impressions associated with a particular service order, but estimates are not a guarantee of actual impressions delivered and are subject to change depending on traffic.
Rental Beast is not responsible for, and has no obligation to review, edit or comment on, the content of Submissions provided by Rental Beast Users. However, Rental Beast reserves the right, in its discretion, to (i) delete, disable access to, move or edit Submissions for any reason or no reason, or (ii) take any other action that Rental Beast deems necessary relating to use or misuse of the Services, including without limitation, modifying Submissions or terminating your Subscription and/or rights to use the Services.
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 with respect to your use of the Services and your Submissions, including without limitation the Fair Housing Act and Fair Credit Reporting Act (FCRA);
(c) your Submissions will not infringe upon or violate the rights of any third party and will otherwise comply with Section 3 above;
(d) all moral rights in any Submissions and uploaded materials have been waived and you hereby waive any such future moral rights;
(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;
(h) if you are acting on behalf of a REP, you will only provide Submissions related to real estate listings for which you have a valid and current contract or agreement with the owner of such real estate listing to list such property; and
(i) if you area REP, you have in effect all licenses and authorizations required by all applicable authorities allowing you to act as a licensed real estate professional.
Information Harvesting. Automated or human queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity) with the primary purpose of harvesting information from the Services) are strictly prohibited on the Services, unless you have received express written permission from Rental Beast. As a limited exception, publicly available search engines and similar Internet navigation tools ("Search Engines") may query the Services and provide an index with links to the Services'Web pages, only to the extent such unlicensed "fair use" is allowed by applicable copyright law. You represent and warrant that you will not, nor will you direct Search Engines to, query or search information protected by a security verification system which limits access to human users or Search Engines.
Where available, and subject to applicable law, the Services include a feature (“Apply Now”) which allows Renters to submit an application to rent a property through the Website and submit information to TransUnion Rental Screening Solutions (TURSS), RentalBeast’s third-party tenant screening provider, for the purpose of providing Renter’s consumer report to the REP and/or Landlord for a listed property. Use of TURSS by Renters, REPs, and Landlords is also subject to applicable TURSS terms and policies. RentalBeast does not review or store consumer reports.
(a) Consumer Reports – Renters. By submitting an application through the Services using the ‘Apply Now ‘ feature, a Renter acknowledges and agrees: (1) Renter authorizes RentalBeast to disclose its rental application to the applicable listing REP and/or Landlord for the rental property; (2) Renter’s information will be submitted to TURSS to obtain a consumer report about Renter, including without limitation information about Renter’s credit history, rental history, and criminal background, and Renter consents to such disclosure; (3) Renter consents to the disclosure of its consumer report to the applicable listing REP and/or Landlord; and (4) submitting an application and/or consenting to a consumer report does not guarantee approval of Renter’s application. Renter acknowledges that RentalBeast does not compile, assemble, generate, or evaluate consumer reports, does not perform background checks, and is not a consumer reporting agency or bureau under any federal or state consumer reporting laws. RentalBeast is not responsible for: (i) any errors or inconsistencies in Renter’s consumer report; (ii) any use of Renter’s consumer report, whether authorized or unauthorized, by REPs and Landlords; (iii) any decision or adverse action resulting from Renter’s consumer report; and (iv) any violation of consumer reporting laws, including without limitation the FCRA, by any User. TURSS merely provides consumer reports and does not make tenant screening decisions. Your use of tenant screening reports is also governed by the TURSS Terms of Use Agreement . If you believe information in your consumer report is incorrect or if you have questions regarding your consumer report, contact TURSS at TransUnion Rental Screening Solutions, Inc., 6430 S. Fiddler’s Green Circle, Suite 500, Greenwood Village, CO 80111 or 1-800-568-5665.
(b) Consumer Reports – REPs and Landlords. RentalBeast engages TURSS to provide Renter consumer reports. Each REP or Landlord acknowledges that RentalBeast does not compile, assemble, generate, or evaluate consumer reports and is not a consumer reporting agency or bureau under any federal or state consumer reporting laws. If a REP or Landlord requests a Renter consumer report using RentalBeast’s ‘Apply Now’ feature, each REP or Landlord represents and warrants: (1) it is authorized to receive a consumer report from the Renter and has authority to make a decision regarding the approval or rejection of a Renter; (2) it has a permissible purpose to access and use the Renter’s consumer report; (3) it will only use the consumer report for the permissible purpose; (4) it is solely responsible for any adverse actions or decisions based in whole or in part on the consumer report; and (5) it is solely responsible for its compliance with any federal, state, or local law regarding tenant screening, use, retention, or disposal of consumer reports, or other applicable law, including without limitation the FCRA, laws pertaining to use of criminal history, and antidiscrimination laws. Each REP and Landlord agrees to indemnify, defend, and hold RentalBeast and its directors, shareholders, officers, licensors, and agents harmless from any claims based on (i) REP’s or Landlord’s unauthorized use of a Renter consumer report; (ii) adverse action based on a Renter’s consumer report; or (iii) violation of any consumer reporting law, including without limitation the FCRA. You acknowledge that if you take any adverse action against a Renter based on information in a consumer report, even if the information plays a minor role in the decision, you will be required to provide the Renter with additional information mandated by the FCRA, including without limitation notice of adverse action. It is your responsibility to review and comply with the terms of the FCRA. Your use of tenant screening reports is also governed by the TURSS Service Agreement.
The Services and any information, content, data, or materials therein are provided for general information purposes only, and should not be construed as real estate, legal, tax, or other professional advice. You should not make any decisions based on or rely on any information, content, data, or materials contained in the Services.
You must be at least 18 years of age to use the Services. By using the Services, you represent and warrant that you are 18 years of age or older and that you agree to abide by all of the terms and conditions of these General Terms.
If you do not have a paid subscription to the Services, you may discontinue your use of the Services at any time by ceasing to access and use the Services. If you have a paid Subscription to the Services, you may terminate your subscription in accordance with your subscription agreement. If you violate any of these General Terms, Rental Beast may, in addition to any other rights and remedies it may have, immediately terminate your Subscription to the Services without any notice or other action by Rental Beast (unless your use of the Services is subject to a subscription agreement which requires notice or other action).
To access and use certain Services, you need to provide information, which may include personal information, such as your name, email address, and mailing address. The use of such information by Rental Beast will be subject to Rental Beast’s Privacy Policy (located at http://www.rentalbeast.com/legal/privacy-policy).
In addition to and without limiting any other rights herein (including in the Privacy Policy), you also grant Rental Beast the rights to (i) de-identify content you provide to the Services (i.e., to remove your name and other identifying characteristics, consistent with applicable laws and regulations), (ii) use or disclose de-identified data for any purpose, and (iii) allow us to share de-identified data with third parties.
You will indemnify, defend and hold harmless Rental Beast, its officers, directors, employees, affiliates, agents, licensors, suppliers and any third-party information providers to the Services from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) any violation of these General Terms, including, without limitation, a breach of your representations and warranties, (ii) any activity related to access to or use of the Services by you or any person accessing the Services through your account, (iii) any content or materials you submit to another User, including without limitation a property inquiry or rental application, (iv) any Submission you provide, including without limitation any claim that a Submission infringes or violates a third party’s intellectual property or other rights, and/or (v) your violation of any applicable law, rule, or regulation, including but not limited to any fair housing, consumer reporting, telemarketing or telecommunications, tenancy, privacy, or data security laws.
THE WEBSITE, SERVICES, AND ALL MATERIALS, DATA, AND CONTENT PROVIDED THEREIN ARE PROVIDED ONAN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. 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 REPRESENT OR WARRANT THAT MATERIALS ON THE WEBSITE OR ACCESSIBLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY MATERIALS PROVIDED BY THIRD PARTIES,ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR APPROPRIATE IN YOUR JURISDICTION. RENTAL BEAST IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. RENTAL BEAST DOES NOT WARRANT THAT THE SERVICES WILLBE UNINTERRUPTED OR THAT TRANSMISSION OF THE SUBSCRIPTION DATA TO RENTAL BEAST WILLBE ERROR FREE. YOU SUBMIT ALL DATA, CONTENT, OR MATERIALS, INCLUDING WITHOUT LIMITATION THE SUBSCRIPTION DATA, TO RENTAL BEAST AT YOUR OWN RISK.
RENTAL BEAST DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS THAT YOU WILL BE APPROVED TO RENT A PARTICULAR PROPERTY OR THAT YOU WILL FIND ANY AVAILABLE RENTALS THAT MEET YOUR NEEDS. RENTAL BEAST DOES NOT RECOMMEND OR ENDORSE ANY USER, NOR DO WE VERIFY THE IDENTITY OF ANY USER. YOU CONTACT RENTERS, LANDLORDS,OR REPS THROUGH THE SERVICE AT YOUR OWN RISK.
IN NO EVENT SHALL RENTAL BEAST, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS,LICENSORS, OR DATA PROVIDERS BE LIABLE FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL,CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSSOF PROFITS, LOSS OF DATA, OR COST OF SUBSTITUTE SERVICES) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY, EQUITY OR OTHERWISE, (II) THE ACTIONS, INACTION, OR DECISIONS OF ANY RENTER, REP, LANDLORD, OTHER USER, OR THIRD PARTY, INCLUDING BUT NOT LIMITED TO TURSS AND STRIPE. (III) ANY USER’S NONCOMPLIANCE WITH ANY FAIR HOUSING, PRIVACY, DATA SECURITY,CONSUMER REPORTING, OR OTHER APPLICABLE LAW, (IV) THE USE OF OR INABILITY TO USETHE SERVICES OR ANY MATERIALS, DATA, OR CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY FEATURE OR SERVICE, OR (V) ANY DAMAGES IN EXCESS OF FIFTY DOLLARS ($50.00) ARISING OUT OF OR IN ANYWAY CONNECTED WITH THE USE OF THE WEBSITE, THE SUBMISSIONS OR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE SERVICES MAY INCLUDE DATA OR CONTENT PROVIDED BY THIRD PARTIES, COMPILED USING MULTIPLE SOURCES AND COMPLEX ALGORITHMS NOT UNDER THE DIRECTION OF RENTAL BEAST. RENTAL BEAST IS NOT LIABLE FOR ANY THIRD-PARTY CONTENT OR YOUR RELIANCE ON ANY THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO THE INFORMATION IN ANY LISTING OR CONSUMER REPORT.
YOU ACKNOWLEDGE AND UNDERSTAND THAT RENTAL BEAST WILL DISCLOSE YOUR SUBMISSIONS, DATA, OR CONTENT TO REPS, RENTERS, OR OTHER USERS AT YOUR DIRECTION. WE ARE NOT LIABLE FOR ANY USE OF YOUR SUBMISSIONS, DATA, OR CONTENT BY ANY THIRD PARTY AND YOU DISCLOSE SUCH INFORMATION AT YOUR OWN RISK.
YOU UNDERSTAND AND ACKNOWLEDGE 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) NEIGHBORHOODS ARE NOT AVAILABLE FOR EVERY CITY IN NORTH AMERICA. 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.
This Agreement shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions to the contrary. 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 remains 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 use of the Services must be filed within one year after such claim or cause of action arose or be forever barred.
THIS SECTION AFFECTS YOUR LEGAL RIGHTS. YOU SHOULD READ IT CAREFULLY.
YOU AGREE THAT ALL DISPUTES ARISING OUT OF THIS AGREEMENT, YOUR USEOF THE WEBSITES OR SERVICES, OR YOUR RIGHTS OF PRIVACY WILL BE RESOLVED BY BINDING ARBITRATION. Any controversy or claim 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.The arbitration must be conducted in Suffolk County, 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. 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 16 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.
(a) We comply with the applicable provisions of the Digital Millennium Copyright Act (17 U.S.C.§ 512, as amended). If you believe any information posted on our Website or contained in the Services violates your copyright rights, send a notice to our Designated Agent at the address provided below.
(b) Take down Notices. Any notice alleging that materials hosted by or distributed through theWebsite or the Service infringe copyright rights must include the following information:(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed;(c) a description of the material that you claim is infringing and where it is located on the Service; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner's behalf.
(c) Counter Notices. If material that you have posted to the Website has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed below that includes the following: (i) your physical or electronic signature; (ii)identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (iv) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which Rental Beast may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.
(d) Repeat Infringers.It is our policy to terminate in appropriate circumstances accounts that are repeat infringers or repeatedly violate this Agreement.
(e) DesignatedAgent. Notices described above should be send to our Designated Agent at:
Josh Tayloe
Rental Beast
403 Highland Avenue, Suite 206
Boston, MA 02144
Phone: 617-623-5700
Email:josh.tayloe@rentalbeast.com
The Rental Beast Services may incorporate services provided by third parties (each, a “Third Party Service”), such as payment processing and marketing services, which may in each case be governed by a separate terms of use. Use of each Third Party Service may require that you accept additional terms of use. It is your responsibility to read and comply with the terms of use and privacy policy of any Third Party Service.
Rental Beast does not endorse, and hereby disclaims all liability or responsibility to you or any other person for, any Third Party Services, including in regard to the authenticity or validity of any content displayed on the Service regarding such Third Party Services.By using the Service, you agree that the sole remedy for any damage or harm inflicted by Third Party Services will be limited to claims against such Third Party Services, and that you will not seek monetary damages or any other remedy from Rental Beast in connection with such events.
Rental Beast uses the following service providers to process payment transactions. If you engage in online payment transactions through the Services, you understand the payment processors’ terms of service and privacy policy, as updated from time to time, shall also apply. Any authorization you provide to make renewing automatic payments using the Services will remain in effect until cancelled in accordance with your Subscription Agreement.. By providing Rental Beast with your banking, credit/debit card, or other payment information, you authorize us to use it and disclose it to our payment gateway providers for the purpose of processing the payments you authorize on the Rental Beast Service.
· Braintree. Please review the Braintree Legal Agreement.
· Stripe. Please review the Stripe Terms of Use.
· Dwolla. Please review the Dwolla Terms of Service and Privacy Policy
You understand that you will access and manage your Dwolla account through our Services, and Dwolla account notifications will be sent by us, not Dwolla. We will provide customer support for your Dwolla account activity, and can be reached as set forth in the Contacting Us section below.
Rental Beast is committed to making the Website and Services accessible for all to use. We have taken steps and regularly assess the Website and Services to achieve compliance with generally recognized and accepted standards for accessibility.Should you experience difficulty in accessing any portion of the Website and/orServices, please contact us at info@rentalbeast.com.
You shall not have any right to assign this Agreement to any third party without the prior written consent of Rental Beast. 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.
Sections Introduction,1, 2, 4, 5, 8 through 17, and 21 of these General Terms shall survive the termination of this Agreement for any reason.
The relationship between Rental Beast and you is an independent contractor relationship, and neither party shall be deemed to be an employee, partner, agent, or representative of the other party.
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.
These General Terms, the Privacy Policy, and the subscription agreement and Listing Terms, as applicable, constitute the entire agreement between the parties with respect to the subject matter hereof.
Rental Beast reserves the right to change or modify any provisions of this Agreement, at any time in its sole discretion and without liability to you. Any such changes or modifications will be effective immediately upon posting of revisions on Rental Beast’s Website. It is your responsibility to regularly review this Agreement. By continuing to (1) use the Services or (2) if applicable, submit Listing Content to Rental Beast or permit Rental Beast to index your Listing Content, following the posting of such changes or modifications, you indicate our acceptance of such changes and modifications. Therefore, you should frequently review this Agreement in order to understand the terms and conditions applicable to your use of the Services and, if applicable, your submission of Listing Content to Rental Beast and your permission to allow Rental Beast to index your Listing Content.If you do not agree to any changes or modifications to this Agreement, your sole recourse is to stop using the Services.
Under California Civil Code Section 1789.3, California users of the RentalBeast website are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
You acknowledge and understand that the affirmative act of using the Website or 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 Website and/or Services 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.
If you have any questions or suggestions regarding this Agreement, please contact us at:
Rental Beast, Inc.
222 Third Street, Suite 2240
Cambridge, MA 02142
Email - info@RentalBeast.com
Phone - (617) 623-5700
(Last updated March 8, 2021)
Background
Rental Beast operates an online real estate website, mobile application and software platform (the “Services”) that, among other things, enable consumers (“Renters”) to search for real estate information about properties for rent, or that have been rented (“Listing Content”).The Listing Content received and displayed by Rental Beast on the Services includes, but is not limited to, text, data and images about real estate for rent or that has been rented. The Listing Content is provided to Rental Beast from real estate owners, brokers, management companies, property managers, website operators, public data sources, or other third-party sources (collectively, “Real Estate Professionals”or “REPs” or “You”).
1. Applicability of Listing Terms.
These Listing Terms and Conditions (the “Listing Terms”) apply to all Users of the Services who provide Listing Content to Rental Beast. These Listing Terms are a part of, and are incorporated into, the Rental Beast Terms of Use. The Rental Beast Terms of Use consist of these Listing Terms and the General Terms, which apply to all Users of the Website or Services. In the event of any conflict between a provision of these Listing Terms and the General Terms, or these Listing Terms and any other contract between Rental Beast and a REP, these Listing Terms shall prevail. In the event these Listing Terms are silent on any subject matter addressed in the General Terms, the General Terms shall prevail. Rental Beast displays and delivers the ListingContent, together with other content and functionality derived from third party sources to Renters to assist them in their search for property to rent, and to real estate owners, brokers, and other Rental Beast affiliates (e.g., mortgage companies, purchasers/consumers of data from Rental Beast, etc.). As an REP, You maintain, distribute, or aggregate Listing Content about properties for rent.
2. License Grant from You to Rental Beast.
By submitting Your Listing Content to Rental Beast, You grant to Rental Beast a non-exclusive, irrevocable, worldwide, sublicensable, royalty-free license and right (but not the obligation) to: (a) display, distribute, reproduce, modify, store, deliver and otherwise useYour Listing Content, and any updates, additions, changes or modifications thereto, provided by You, other persons affiliated with Your organization, or by managers of the real estate included in Your Listing Content on Rental Beast’s Website and in Rental Beast’s Services; (b) create derivative works based upon Your Listing Content, which may be accessed by Renters through the Services;(c) display or deliver Your Listing Content to Renters through the Services in conjunction with such other content or functionality supplied by Rental Beast or procured by Rental Beast from third parties; (d) display or deliver Your Listing Content to other REPs and to multiple listing services; (e) permit operators of websites displaying real estate listing information to include functionality on such sites that enables visitors to those sites to conduct searches for, and view, Your Listing Content that appears on Services, including websites of Rental Beast’s marketing affiliates that frame, or are framed by other websites; (f) at Rental Beast’s discretion, redistribute or syndicate Your Listing Content to other websites that display content about real estate for rent; (g) otherwise use Your Listing Content to promote, improve, or modify the Services and for such other lawful purposes as Rental Beast deems appropriate, and (h) continue to use Your Listing Content, including any of Your Listing Content pertaining to properties that have been rented after the termination or expiration of this Agreement for real estate analytics and research purposes, so long as Rental Beast’s use does not suggest such properties are currently available for rent.
You acknowledge and understand that Rental Beast may remove Your Listing Content at any time without prior notice to you if it determines, in its sole discretion, that Your Listing Content is inaccurate, misleading, or duplicative. In the event of a conflict between two or more providers of the same Listing Content, Rental Beast may require you to produce a valid listing agreement with the owner.
3. License Grant from You to Other REPs.
By submittingYour Listing Content to Rental Beast, You grant to other REPs a non-exclusive, royalty-free limited license to: (a) display, publish, or reproduce Your Listing Content to prospective Renters; (b) transmit, distribute, or deliver Your Listing Content to prospectiveRenters; or (c) promote Your Listing Content to prospective Renters via digital advertising, including without limitation website display, social media posts, or email distribution, all for the REP’s sole purpose of locating a Renter. You may withdraw consent for other REPs to advertise or promote Your Listing Content on a case-by-case basis by affirmatively opting-out using the sharing settings in your Rental Beast account or by contacting us at info@rentalbeast.com.
4. Your Representations and Warranties.
You represent and warrant to Rental Beast and other REPs that (a) You are an owner or property manager of real estate for rent, a licensed real estate broker or real estate sales agent affiliated with Your company, or that You are an operator of a website, multiple listing service or company that displays or distributes information about real property for or rent; (b) You have all necessary power and authority to enter into this Agreement and perform all of Your duties and obligations as set forth herein, and to bind Your organization to the terms of this Agreement; (c) if You are affiliated with a real estate brokerage company, You are and will remain through the term of this Agreement, duly licensed in good standing in the state in which Your principal office is located, and You are a party to a valid listing agreement with the owners of the properties that are included in Your Listing Content, (e) if you are not the owner, you have the owner’s consent to list the property for rent in the Services;(f) You have the authority to grant the licenses set forth in Sections 2 and 3 hereof; (g) Rental Beast’s indexing of the Listing Content appearing on Your website through the use of Rental Beast’s web crawling software programs or Rental Beast’s receipt of a direct data feed containing Your Listing Content does not infringe upon the intellectual or proprietary rights or trade secrets of any third party; (h) Your Listing Content does not contain any libelous material or invade any person’s personal privacy rights, or violate any contracts, or rules or regulations to which You area party, or are required to adhere, including but not limited to the Rules and Regulations of any Multiple Listing Service; (i) Your Listing Content does not violate any applicable law, rule, or regulation, including without limitation the Fair Housing Act; and(j) the Listing Content provided or made available by You to Rental Beast does not contain any viruses, bugs, or corruptions.
5. Rental Beast’s Services.
In consideration for the licenses granted in Section 2 above, Rental Beast agrees to provide Renters who view Your Listing Content on the Services with the ability to connect with REPs and to allow REPs to view other Listing Content and share it with their clients.
6. Ownership of Rental Beast Materials and Acceptable Use of Materials.
As between Rental Beast and You, You acknowledge and agree that Rental Beas towns all rights, title and interest in the RentalBeast.com Website, any and all data, software, programs, codes, processes, and any other functionality contained in or on the Rental Beast.com Website, and all of the content accessible on the Services(“Rental Beast Materials”), excluding Your Listing Content. You agree not to contest Rental Beast’s ownership claims, or disassemble, reverse engineer, create derivates of, or attempt to license, sub-license, or re-license any of the Rental Beast Materials at any time, or assist or enable any other person to do so. You also agree not to use the Rental Beast Materials in any way that is unlawful, or harms Rental Beast, its Users, its service providers, its suppliers, or any other person. Further, Rental Beast may terminate your use of the Services and Rental Beast Materials if and when it determines that your use is inappropriate, in its sole discretion.
You retain all right, title, and interest in and to Your Listing Content.
7. Limitation of Liability.
Rental Beast shall not be liable to You for damages of any kind, including without limitation any indirect, incidental, special, or consequential damages, lost profits, lost revenue, business interruption, or cost of substitute services based upon the display, redistribution, syndication, modification, or removal ofYour Listing Content as permitted by this Agreement, whether in contact or tort, and whether or not Rental Beast has been advised of the likelihood of any such damages.Your sole remedy for Rental Beast’s breach of its obligations under this Agreement is termination of this Agreement pursuant to Section 8 below.
RENTAL BEAST IS NOT LIABLE FOR ANY DAMAGES, LOSSES, OR LIABILITIES THAT ARISE FROM THE ACTIONS OF, OR LISTING CONTENT SUBMITTED BY, ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY RENTER, REP, OR OTHER USER OF THE SERVICES, DATA PROVIDER,OR SERVICE PROVIDER.
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.
8. Disclaimers.
Rental Beast does not make any warranties, express or implied, including but not limited to any warranties of merchantability, fitness for a particular purpose, title, accuracy, availability, completeness, non-infringement, or quiet enjoyment concerning: (A)the operation of the Services, (B) any other websites or pages on which Your Listing Content may appear or are accessible to Renters by reason of the rights granted to Rental Beast in Section 2 above, OR (c) . Without limiting the generality of the foregoing, Rental Beast does not warrant that the Services or any other websites or pages to which Rental Beast may redistribute or syndicate Your Listing Content will be free of errors or operate without interruption. The Services and the other websites or pages on which Your Listing Content may appear by reason of the rights granted to Rental Beast in Section 2 are operated on an “as is and as available” basis and Rental Beast does not make any warranties that the display of Your Listing Content on the Services, or any other website or page pursuant the license granted to Rental Beast in Section 2 will result in the actual or potential sale or rental of any particular parcel of property. Rental Beast does not have any control over, and disclaims any responsibility or liability for, the operation of any websites that frame or are framed by the Services, or to which Your Listing Content may be redistributed or syndicated by Rental Beast pursuant to this Agreement. The content of any terms of use agreements or privacy policies governing such other sites are determined by the operators of such websites and not by Rental Beast. you acknowledge Rental Beast shall retrieve Your Listing Content from Your website, or receive suchContent through a data feed, in an “as is” condition and Rental Beast disclaims any duty or responsibility to You for the accuracy or timeliness of Your Listing Content as it appears on the Services, or on any other site on which Your Listing Content is permitted to be displayed pursuant to this Agreement. Rental Beast does not have any control over, and disclaims any responsibility or liability for, content supplied by third parties. Rental Beast does not review all Listing Content and disclaims any responsibility or liability for such Listing Content.
9. Indemnity.
You agree to defend, indemnify and hold harmless, Rental Beast and its affiliates from any claims, demands, damages, or liabilities of any type, including, without limitation, equitable or legal remedies, judgments, fines, or penalties, including reasonable attorneys’ fees and litigation costs and expenses, asserted against Rental Beast by a third party arising out of or relating to: (a) your breach of these Listing Terms; (b) any claim that Your Listing Content violates the contract or proprietary rights of any third-party; (c) any claim that Your Listing Content violates applicable law, including without limitation laws pertaining to fair housing or privacy, (d) your approval or rejection of any rental application submitted through the Services; and (e) your use of any data, information, content, or materials accessed or received through the Services, including without limitation the personal information of any User, any third-party data, or any Rental Beast Data.. In the event of such a claim or demand, Rental Beast shall provide You written notice of such a claim or demand, and shall reasonably cooperate with You in the defense or settlement of any claim. Rental Beast will have the right to control the defense and settlement of any claim, with counsel retained by Rental Beast, at its sole discretion.
10. Survival.
Sections 2,4, and 5-10 of these Listing Terms shall survive termination of this Agreement.
