- Uploads and Communication
- Not a Law Firm or Similar Service
- Payments and In-App Purchases
- Availability of Services
- Intellectual Property
- Warranty, Liability, and Indemnity
- Dispute Resolution
- Max Users per Account and Accounts Per User – Each Account may only be used by one person, and each person may have a maximum of one Account of each type (e.g., one tenant account and one landlord account). You must take all necessary steps to protect the secrecy of your log in information. Your Account may be terminated if someone else uses it. You must immediately notify RenterPeace of any unauthorized use of your Account or any other such breach of security. RenterPeace shall not be responsible to you for any loss or harm that results from an unauthorized person accessing your Account. No matter what else is said in these Terms or anywhere else within the Services, you expressly acknowledge that you have no right, title, or interest to or in any Account you create through our Services, and your Account is not your property. Your Account is owned by Company and is licensed to you on a limited basis as described below.
- Deactivation of Accounts – RenterPeace may permanently deactivate Accounts that are deemed inactive. Accounts shall be deemed inactive when they have not been used for One Hundred and Eighty (180) days. You acknowledge that if your Account is deactivated for any reason then you may lose access to any information associated with that Account. If you wish to deactivate your Account, please alert RenterPeace by sending Notice to the contact at the bottom of this page.
- No Hacking – By using our Services, you agree not to partake in any activity or action that RenterPeace deems to be against the spirit or intent of the Services. This includes, but is not limited to :
- Initiating, assisting, or becoming involved in any form of attack or disruption to the Services, including without limitation distribution of a virus, worm, spyware, time bombs, corrupted data, denial of service attacks upon the Services, or other attempts to disrupt the Services or other person’s use or enjoyment of the Services;
- Using robots, spiders, crawlers, man-in-the-middle software, or any other automated process to access, use, reverse engineer, copy data from, or manipulate the Services, Accounts, In-App Purchases, Platforms, RenterPeace, or the data of RenterPeace and any affiliates;
- Use of access Services to obtain, generate, or infer any business information about RenterPeace or RenterPeace affiliates, including without limitation information about sales or revenue, staff, technical stack, or statistics about users;
- Promoting, encouraging, or participating in any activity involving hacking, phishing, distribution of counterfeit Services, or taking advantage of or creating exploits, cheats, bugs, errors, or undocumented features, except for the sole purpose of privately and directly notifying RenterPeace; or
- Otherwise attempting to gain unauthorized access to RenterPeace Services or to any Accounts not belonging to you.
- Not for Children – By using the Services, you warrant and represent that you: 1) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement; or 2) are a minor age 13-17 who has been authorized under the parental consent mechanism below. If you are under 13 years of age, you must not use any part of the Services, create an Account, or submit any personal information to RenterPeace through the Services. If a minor has been allowed access to an Account under the parental consent mechanism below, only that minor may use the Account thereafter.
- Parental Consent Mechanism for Teenagers – If you are the legal guardian of a minor age 13-17, you can choose to allow use of your Account by that minor instead of yourself subject to the following provisions: 1) You acknowledge, and further agree that the aforementioned minor is entering into an agreement with your consent; 2) You acknowledge, and further agree you are entirely responsible for all the provisions in these Terms of Service; 3) You acknowledge, and further agree, you are legally responsible for all actions of that minor, including but not limited to any payments, damages and/or liabilities related to the actions of that minor; 4) In consideration of RenterPeace allowing access to the Service by a minor, and in addition to the provisions below, the foregoing adult hereby guarantees and agrees to pay for any and all liabilities of any nature whatsoever incurred under this agreement and to defend, indemnify and hold harmless RenterPeace with respect thereto.
- Consent for Children Under 16 in Certain Countries – Notwithstanding the above provisions, if you are located in a country that requires parental consent for Services to collect or use your data at a higher age than 13 (e.g., certain countries following the General Data Protection Regulation) AND you are under that country’s specified age, you must not use any part of the Services, create an Account, or submit any personal information to RenterPeace through the Services or otherwise unless a) consent was given or authorized by the holder of parental responsibility of that child and b) you receive a Notice that consent was confirmed from RenterPeace.
- Only Available Where Lawful – You shall not use our Services or any portion of our Services where it is prohibited by law.
Uploads and Communication
- Scope – For purposes of this section, User Content means, any and all data that you upload, transmit, or create through the Services, including without limitation, Accounts, descriptions or text, chats, software, profile information, sound, images, videos, precise and imprecise location data, EXIF data, timestamps, metadata, and any other content contributed by users of Services.
- RenterPeace Not Responsible for Content or User Conduct – To the maximum extent permissible by law, RenterPeace assumes no responsibility or liability for the conduct of any user submitting any User Content, and assumes no responsibility or liability for pre-screening or monitoring the Services for inappropriate or illegal content or conduct. We are unable to pre-screen or monitor all User Content and we will not do so. Your use of our Services is at your own risk, and you are solely responsible for any User Content that you post.
- No Fraudulent Activity – When using our Services, you agree that any transmitted or uploaded content will be accurate, complete, and free from fraud and deception. Any attempt to generate fraudulent or inaccurate data to boost or lower the reputation of a landlord, tenant, or other user, or for any purpose, is strictly prohibited and may result in the immediate termination of your account without notice. This includes using, generating, or hiring someone to create multiple accounts, posting inaccurate information about an apartment or user, posting positive or negative information in exchange for money or favors, or any other potential method or attempt to manipulate users’ reputations. RenterPeace takes these infringements seriously and reserves to right to terminate any account for actual finding or suspicion of fraudulent activity.
- No Illegal, Infringing, or Malicious Content – When using our Services, you agree that any transmitted or uploaded content will be not contain any material infringing the Intellectual Property Rights or related rights of any party; will be in compliance with these Terms of Service, will not be in violation of any law, contractual restrictions, or other parties’ rights; and will be free of viruses, adware, spyware, worms, or other malicious code or other attempts of physical or digital authorized access (e.g., phising).
- No Advertising – Any form of advertising, including spam, commercial solicitation, chain letters, or mass mailings, are prohibited through our system except as indicated (e.g., advertising a local block party).
- Respectfulness Required – When you transmit or upload User Content, you agree to respect other individuals. Specifically, all content will be free from obscenity, threats, defamation, invasion of privacy, and other injuries to third parties; you will not attempt to harass, threaten, bully, embarrass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, RenterPeace itself or RenterPeace affiliates; and you will not organize or participate in any activity or group that is hateful, harmful, or offensive towards a race, sexual orientation or preferences, religion, heritage or nationality, disability or similar health class, gender, age, low-income, or similar classes determined by RenterPeace.
- Ownership of Uploaded Content – You hereby grant RenterPeace a non-exclusive, revocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to use, copy, reproduce, quote, re-post, fix, print, archive, store, adapt, modify, adapt, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, syndicate, transfer, translate, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and practice, in any way, your User Content, or any portion thereof, in any manner or form in any medium or format, whether now known or hereafter devised, as well as all modified and derivative works thereof in connection with our provision of the Services, including marketing and promotions of the Services, and without Notice, payment, or attribution of any kind to you or any third party. Accordingly, you grant to RenterPeace and RenterPeace Affiliates all licenses, consents, and clearances necessary to enable RenterPeace to use User Content for such purposes. You also hereby grant to RenterPeace the right to authorize others to exercise any of the rights granted to RenterPeace under this Section. You further hereby grant to RenterPeace the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. RenterPeace does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. You agree that you can only revoke this license by sending Notice to the contact at the bottom of the page.
- DMCA Process – In compliance with the Digital Millennium Copyright Act, and other similar or equivalent applicable laws, if RenterPeace is notified that you have infringed the copyrights or other Intellectual Property Rights of others then your access to the Services may be terminated without prior Notice to you. If you believe that your content has been infringed in the Services, please notify us by emailing the following address: shaq at renterpeace.com (this email was obscured to prevent bots from sending spam to this email address. Please remove the space and replace the word “at” with the symbol “@”). Note that if you knowingly misrepresent copyright infringement, you may be liable for damages, including costs and attorneys’ fees. Notices submitted to RenterPeace under this provision should include:
- A description of the Intellectual Property Rights claimed to have been infringed;
- A description of the material claimed to be infringing;
- Your name, mailing address, phone number, and email address;
- A statement by you that: (1) you have a good faith belief that Intellectual Property Rights infringement has occurred here; and (2) the information in this notification is accurate, and, under penalty of perjury, you are authorized to act on behalf of the owner of the Intellectual Property Rights that are allegedly infringed; and
- A physical or electronic signature of a person authorized to act on behalf of the owner of the Intellectual Property Rights that are allegedly infringed.
Not A Law Firm or Similar Service
- Services Include Legal Information but NOT Legal Advice – RenterPeace provides legal information and self-help. We do not review the information you provide us for accuracy or sufficiency, draw legal conclusions, or provide legal opinions about your scenario. We function similarly to a blog post about laws, except we use our platform to attempt to give you the most relevant snippets of the law according to the type of problem you’ve described to us. While we attempt to find relevant laws to the information you provide us, we do not make attempts to apply the law to the facts of your situation. RenterPeace is not a replacement for legal advice from a qualified attorney licensed to practice in a particular jurisdiction. You’ll be representing yourself in any legal matter while using our Services, unless you have separately and independently obtained legal counsel.
- Laws and Regulations May Be Inaccurate, Incomplete, Outdated – Of course, we do our best to find and provide you accurate, relevant, and updated laws and regulations, but we are not a law firm and we do not guarantee that the laws are 100% correct. We also do not interpret the law and may not incorporate court decisions that expand on the meanings of ambiguous words in laws and regulations. Our goal is provide you a starting point for discussion. We offer you the ability to inform us if either party finds that the rules we provide are inaccurate. The goal is to help with mediation, but not necessarily to advise any party of their legal rights.
- Confidential Relationships with Professionals Do Not Extend to RenterPeace – When contacting an attorney, doctor, or similar profession that offers confidentiality or legally protected privilege through RenterPeace, the professional may provide you an initial consultation, review of your situation, or professional answers to your questions. Any confidential or privileged relationship formed is solely between you and the professional, and strictly EXCLUDES RenterPeace. Specifically, we do not provide legal advice, and thus no information on this Service is protected by attorney client privilege. The same concept applies to doctor-patient relationships and similar legally protected relationships. Data stored on the RenterPeace system is not a part of your representation nor is it subject to any confidentiality. You should use a different communication service (e.g., email) to engage in confidential communications. Any data stored on RenterPeace, including pictures, videos, and text, may be used as evidence in legal proceedings.
Payment and In-App Purchases
- License to Use In-App Purchases – Within the Services, you may purchase or receive, a limited, revocable license to use In-App Purchases. “In-App Purchases” includes any feature not offered by default to all users, including certain reports and analytics, additional features like text messaging, and subscriptions, whether you have paid to receive such features or not. In-App Purchases are not limited to mobile apps, but also includes activity on web apps or any other online Service offered by RenterPeace. In-App Purchases are licensed to you on a limited basis under the same intellectual property provisions in this Terms of Service as the rest of RenterPeace Services. In-App Purchases, regardless of whether they were provided to you or purchased within the Services, are owned by RenterPeace and are not your property. RenterPeace may manage, regulate, control, modify or eliminate all In-App Purchases at any time, without Notice or announcement and without payment to you. RenterPeace shall have no liability to you or any third party if RenterPeace exercises any such rights. ALL CHARGES INCURRED IN CONNECTION WITH THE SERVICES ARE PAYABLE IN ADVANCE, FINAL, AND ARE NOT REFUNDABLE IN WHOLE OR IN PART, FOR ANY REASON, EXCEPT AS REQUIRED BY APPLICABLE CONSUMER RIGHTS LAW IN YOUR LOCAL JURISDICTION. YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED IN-APP PURCHASES WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
- Terms of Payment Platforms – In-App Purchases purchased through platforms (e.g., Android, iOS, Braintree) will be subject to their payment terms and conditions. RenterPeace does not control how you can pay on or your rights when using such platforms. Please review those their terms of service for additional information.
Service Availability and Termination
- Many Factors Affect Availability – By using these Services, you acknowledge the following: access to the Services may be interrupted for reasons within or beyond the control of RenterPeace, and that RenterPeace cannot and does not guarantee you will be able to use the Services whenever you wish to do so; RenterPeace may not offer the Services in all countries or geographic locations; RenterPeace offers its Services in locations, times, and on Platforms in its sole discretion, and availability may be unavailable, prohibited, revoked, or discontinued at any time at the discretion of RenterPeace. Ultimately, RenterPeace reserves absolute discretion to immediately terminate or restrict access to the Services, or any portion of the Services, including any and all Accounts, at any time, for any reason, without Notice and without liability.
- Changes May Affect Features – By using these services, you acknowledge that we may make changes to our Services, including adding, modifying, and removing features without notice.
- Banned Users – If you have been previously banned, at RenterPeace’s discretion, from using any or a portion of RenterPeace Services then you may not use those Services in the future through the same or a different Account.
- All Intellectual Property Rights Reserved – The Services are owned or licensed by RenterPeace and RenterPeace affiliates, and are protected by Intellectual Property Rights and other proprietary rights laws. RenterPeace reserves all right, title, and interest in and to the Services, including without limitation all Intellectual Property Rights and other proprietary rights, that are not explicitly granted to you in these Terms. See definitions at the end of the Terms of Service for clarification on the meaning of Intellectual Property Rights.
- Your Use of Our Services – Your permitted use of the Services is limited by the Intellectual Property Rights of RenterPeace and RenterPeace Affiliates. Subject to your agreement and continuing compliance with these Terms of Service and any other relevant RenterPeace policies, RenterPeace grants you a non-commercial, non-exclusive, non-transferable, revocable, limited license, subject to the limitations in these Terms, to access and use the Services for your own landlord-tenant relationship. You agree that you will not use the Services for any other purpose. Any use of the Services in violation of the law, these Terms of Service, or these License Limitations is strictly prohibited, and may result in the immediate revocation of your limited license at RenterPeace’s sole judgment, or may subject you to liability for violations of law. You acknowledge you will not directly or indirectly:
- Copy, modify, edit, create derivative works of, publicly display, publicly perform, republish, transmit, or distribute any material obtained through the Services;
- Lease, sell, rent, or otherwise exploit for commercial purposes any part of the Services, including without limitation access to or use of the Services, or any data provided from the Services;
- Delete, alter, or obscure any Intellectual Property Rights or other proprietary rights notices from copies of materials from the Services; or
- Make available through the Services any material or information that infringes any Intellectual Property Right, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation celebrities and RenterPeace employees.
Warranty, Liability, and Indemnification
- Services Provided As-Is – YOU ACKNOWLEDGE THAT RENTERPEACE AND RENTERPEACE AFFILIATES ARE NOT LIABLE (1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE; (2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES; OR (3) FOR PHYSICAL INJURIES INCURRED DIRECTLY OR INDIRECTLY THROUGH THE USE, OR AS A RESULT OF OUR SERVICES OR THOSE OF THIRD PARTIES. THE SERVICES ARE PROVIDED BY RENTERPEACE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. RENTERPEACE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, UNLESS SUCH WARRANTIES OR OTHER STATUTORY CONSUMER RIGHTS ARE LEGALLY INCAPABLE OF EXCLUSION OR LIMITATION IN YOUR LOCAL JURISDICTION. THE RISK OF USING THE SERVICES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, RENTERPEACE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RENTERPEACE DOES NOT WARRANT THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
- Limitation on Damages – TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICES, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE). TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE AGGREGATE LIABILITY OF RENTERPEACE AND/OR RENTERPEACE AFFILIATES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) TO RENTERPEACE AND/OR RENTERPEACE AFFILIATES IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. IF YOU HAVE NOT PAID RENTERPEACE OR ANY RENTERPEACE AFFILIATE ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH RENTERPEACE AND/OR ANY RENTERPEACE AFFILIATE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT. SOME STATES, COUNTRIES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES, COUNTRIES, OR JURISDICTIONS, RENTERPEACE AND RENTERPEACE AFFILIATES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, SUBJECT TO ANY APPLICABLE STATUTORY CONSUMER RIGHTS LAWS IN YOUR LOCAL JURISDICTION.
- You’re Not In a Prohibited Country – YOU REPRESENT AND WARRANT THAT YOU ARE NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO A UNITED STATES GOVERNMENT EMBARGO, OR THAT HAS BEEN DESIGNATED BY THE UNITED STATES GOVERNMENT AS A “TERRORIST SUPPORTING” COUNTRY, AND YOU ARE NOT LISTED ON ANY UNITED STATES GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES.
- Apple is a Third Party Beneficiary – You acknowledge and agree that Apple Inc., and Apple Inc.’s subsidiaries, are third party beneficiaries of the Terms, and that, upon your acceptance of the Terms, Apple will have the right, and has accepted the right, to enforce the Terms against you as a third party beneficiary thereof.
- RenterPeace is Not Responsible for Third Party Service Providers – When using our Services, you may be offered the ability to contact or work with third party independent services to help with your problem, including, but not limited to, government authorities or services, attorneys or legal service groups (e.g., legal aid), social workers, non-profit groups, maintenance providers, real estate agents, property managers, and more. None of these are employees or agents of RenterPeace. RenterPeace is an information provider and does not endorse or recommend any third party service provider. We do not review their services for competence, safety, or for any other reason and make no guarantees whatsoever about third parties. RENTERPEACE SHALL HAVE NO RESPONSIBILITY FOR ANY SERVICES RENDERED BY ANY THIRD PARTY YOU ENCOUNTER ON OR THROUGH OUR WEBSITE, AND ANY USE OF SUCH SERVICES IS SOLELY AT YOUR RISK.
- Indemnity Rules – You agree to defend, indemnify and hold harmless RenterPeace, RenterPeace Affiliates, and any third-parties under agreement with RenterPeace, and any employee, contractor, vendor, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, as well as any person using the Services and any person or entity that becomes aware of your use of the Services at any time, with respect to any and all claims, liabilities, judgments, awards, injuries, damages, losses, costs, fees, or expenses (including but not limited to attorney’s fees and costs) that arise under, from or in any way, directly or indirectly, relate to i) your failure to comply with any provision of these Terms of Service; ii) your use of the Services, including but not limited to economic, physical, emotional, psychological or privacy related considerations; and iii) Your actions to knowingly affect the Services via any bloatware, malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, scareware, rootkit or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods of time when such program is not directly or indirectly being used. RenterPeace and RenterPeace Affiliates reserve the right, but not the obligation, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You acknowledge, and further agree that RenterPeace has no obligation to defend, indemnify or hold harmless you in any way related to this agreement, including but not limited to your use of the Services, use of the Services by any person, or any connection between the foregoing and any other person or entity that becomes aware of your use of the Services at any time. This Section shall survive the termination of this agreement.
- Informal Resolution. With respect to any Dispute, you agree to attempt to negotiate the resolution of any Dispute informally for at least thirty (30) days before initiating any arbitration or other proceeding, including any legal proceeding in court or before an administrative agency. Such informal negotiations commence upon RenterPeace’s receipt of Notice from you.
- Contact Information. RenterPeace can be reached at the following address:
3343 14th St NW
Washington, D.C., 20010
- Mandatory Binding Arbitration. If you are not able to satisfactorily resolve a Dispute informally within a total of thirty (30) days, or if RenterPeace, in its sole and absolute discretion, determines that it will not be possible to satisfactorily resolve that Dispute informally within a total of thirty (30) days, you agree that either you or RenterPeace may request resolution by final and fully binding arbitration conducted under the Commercial Arbitration Rules of the American Arbitration Association. The party requesting that a Dispute be resolved by arbitration under this Section shall be responsible for initiating such a proceeding.
- The American Arbitration Association (“AAA”) will run the arbitration between you and RenterPeace, and AAA’s rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes, if applicable) will be used. If something in these Terms is different than AAA’s rules and procedures, then we will follow these Terms instead. You can look at AAA’s rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.
- YOU UNDERSTAND, AND FURTHER AGREE, THAT YOU HAVE THE RIGHT TO CONSULT WITH INDEPENDENT LEGAL COUNSEL OF YOUR OWN CHOOSING REGARDING THIS AND ANY OTHER PROVISION IN THIS AGREEMENT AND THAT THIS BINDING ARBITRATION PROVISION WILL ELIMINATE YOUR LEGAL RIGHT TO SUE IN COURT, TO HAVE A JURY TRIAL, AND/OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO ANY SUCH DISPUTE. You and RenterPeace both agree that neither shall attempt to have any other arbitration or class action related to any other party joined to any arbitration in which you are involved with RenterPeace. To the fullest extent permitted by law, no arbitration proceeding shall be decided on a class-action basis or utilizing class action procedures. You and RenterPeace further agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or a class member in any purported class or representative proceeding.
- Headers Ignored – Any bolded titles (e.g., here “Headers Ignored”) or section titles (here, “Interpretation”) are provided only for easier readability and shall be ignored when interpreting the meaning of these Terms of Service.
- Term – Unless modified or amended by RenterPeace, this agreement and its provisions shall remain in effect. Termination of any license granted by RenterPeace under this agreement does not affect any other provisions of this agreement.
- Changes – It is your responsibility to read, understand, and accept this agreement in connection with your use of the Services. You acknowledge that RenterPeace may make changes to these Terms of Service at any time, and that Section headings in this agreement are for purposes of convenience only. Unless RenterPeace states otherwise, any changes to these Terms are effective when posted. If you continue to use the Services after any changes are posted then you agree that those changes will apply to your continued use of the Services. You should check this page regularly to stay informed about any changes.
- Complete agreement – This agreement: (1) is the final and complete agreement and understanding of the parties concerning the subject matter hereof, and supersedes and replaces any and all prior and contemporaneous agreements and understandings with respect thereto; (2) may not be changed, amended, or in any manner modified except as authorized in a writing signed by both parties’ authorized agents; (3) is not assignable, except to a successor in interest to substantially all of a party’s business or assets and any other attempt to assign or transfer this agreement or any interest herein is void; and (4) shall be binding upon, and inure to the benefit of, the parties hereto, their respective heirs, executors, administrators, successors, personal representatives, licensees, and assigns.
- Force Majeure – No party shall be responsible for delays or failure of performance resulting from acts beyond the reasonable control of such party, including, war, terrorism, acts of public enemies, strikes or other labor disturbances, power failures, fires, floods, earthquakes, acts of God, and other natural disasters.
- Waiver – No act or failure to act by RenterPeace will be deemed a waiver of any right contained in this agreement, and any waiver by RenterPeace must be in writing and signed by an officer of RenterPeace. If RenterPeace does expressly waive any provision of this agreement, such waiver shall not be a waiver of any other provisions of this agreement, and the waived provision shall not be waived for all time in the future.
- Severability – If any provision or sub-provision of this agreement is found to be invalid or unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision or sub-provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely representing the intention of the parties as expressed herein.
- Remedies – You acknowledge and agree that any violation or threatened violation of this agreement will cause irreparable injury to RenterPeace, entitling RenterPeace to seek injunctive relief without the necessity of proving actual damages, in addition to all other remedies at law or in equity. You specifically acknowledge that money damages alone would be an inadequate remedy for the injuries and damages that would be suffered and incurred by RenterPeace as a result of a breach of any of the provisions of this agreement.
- Governing Law and Venue – Any dispute or claim arising out of or related to this agreement shall be governed by and construed in accordance with the laws of Washington D.C. without reference to any choice or conflict of laws principles. Unless subject to arbitration, the Courts in the County and State of Washington D.C. shall have exclusive jurisdiction over any legal suit, action, or proceeding arising out of, or relating to, disputes or claims that might arise under this agreement. Accordingly, the parties consent to the personal jurisdiction of the Courts in the County and State of Washington D.C., and hereby waive any and all jurisdictional or venue defenses otherwise available to them.
- Language – To the fullest extent permitted by law, the controlling language for these Terms of Service is English.
- Definitions – The below terms are defined as follows:
- “RenterPeace” or “Company” refers to RenterPeace LLC, and any and all subsidiaries, joint ventures, and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers, and directors. References to “Us”, “We”, or “Our” are also references to RenterPeace.
- “Intellectual Property Rights” means any and all right, title, and interest of every kind whatsoever, whether now known or unknown, in and to patents, trade secret rights, copyrights, trademarks, service marks, trade dress and similar rights of any type under the laws of any governmental authority, including, without limitation, all applications and registrations relating to the foregoing.
- “Notice” means, a delivered writing by e-mail, courier, or by Federal Express delivery to the other party at their respective address, and will be effective upon receipt.
- “Service” or “Services” means any website, app, content, or other related product or service provided by RenterPeace, including without limitation, any titles, computer code, themes, objects, information, directories, documents, analytics and analysis, communication services, concepts, methods of operation, moral rights, transcripts, server and backend software, and documentation.
- “Platform” (or “Platforms”) means any operating system that helps enable and/or distribute the Services, such as but limited to, mobile operating systems (e.g., Android, iOS), web browsers, console systems, smart devices and associated software (e.g,. Alexa), desktop operating systems, and web/mobile app platforms (e.g., Facebook).
- “Dispute” means, any controversy related to this agreement, including without limitation claims arising out of or relating to any aspect of the relationship between you and RenterPeace, claims that arose before this agreement, and claims that may arise after the termination of this agreement; however, this does not include claims related to or arising from the enforcement or protection of Intellectual Property Rights.