Terms & Conditions

or contact us at
(877) 21-JUICE
INFO@RENTJUICE.COM

Last Updated: June 21, 2010

WELCOME TO RENTJUICE.COM WHICH IS OWNED AND OPERATED BY RENTJUICE CORPORATION (“WE,” “US,” “OUR,” OR “RENTJUICE”). PLEASE READ THESE TERMS OF SERVICE (THESE “TERMS OF SERVICE”) CAREFULLY. BY ACCESSING OR USING THE WEB SITE LOCATED AT WWW.RENTJUICE.COM OR ANY OF OUR WIDGETS AND APPLICATIONS (COLLECTIVELY, THE “SITE”) OR BY USING ANY INTERACTIVE AREAS OF THE SITE (DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SERVICE, PLEASE DO NOT USE THE SITE OR ANY OF THE INTERACTIVE AREAS. WE SUGGEST YOU PRINT A COPY OF THESE TERMS OF SERVICE FOR YOUR RECORDS. NOTHING IN THESE TERMS OF SERVICE WILL BE CONSTRUED TO CONFER ANY RIGHTS OR BENEFITS TO THIRD PARTIES.

These Terms of Service apply to your access to, and use of, the Site, and your use of the Interactive Areas. However, these Terms of Service do not alter in any way the terms or conditions of any other agreement you may have with us for services or otherwise. Your use of the Site and the Interactive Areas are subject to, and expressly conditioned upon your agreement to, these Terms of Service. If you are using the Site or the Interactive Areas on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Service on such entity’s behalf, and that such entity will be responsible for and indemnify us for violations of these Terms of Service.

Updates to Terms of Service

We reserve the right to change or modify any provisions of these Terms of Service, and any policies or guidelines governing your use of the Site, at any time in our sole discretion and without liability to you. Any such changes or modifications will be effective immediately upon posting of revisions on the Site. Your continued use of the Site or the Interactive Areas following the posting of such changes or modifications constitutes your acceptance thereof. Therefore, you should frequently review these Terms of Service and all applicable policies or guidelines on the Site in order to understand the terms and conditions applicable to your use of the Site or the Interactive Areas. If you do not agree to any changes or modifications to these Terms of Service or to any applicable policies or guidelines on the Site, your sole recourse is to stop using the Site and the Interactive Areas.

Privacy Policy

We believe strongly in user privacy. Please refer to the Site’s Privacy Policy (“Privacy Policy”) for information on our privacy practices. Your use of the Site signifies your acknowledgment of, and agreement to, the Privacy Policy. If you are a resident of any country outside the United States, you understand and agree that we will store and process your personal information on computers located in the United States, and that by providing any information to us, you consent to the transfer of such information to the United States.

Electronic Communications

RentJuice may choose to electronically deliver all communications with you, which may include: (a) email to your email address indicated in your communications with us or upon registration with the Site; (b) email to an email address that may be associated with you that we receive from a Agent, Renter or third party; (c) posting general notices on the Site (provided that such posting applies to all or a certain subset of users, without explicit identification to such individual user(s)); or (d) posting messages that are displayed to you when you log in to or access the Site. Our electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices required under applicable law, which may include any Federal Truth-in-Lending disclosures, other terms, conditions and documents, and our Privacy Policy. You agree to do business electronically with RentJuice, and to receive electronically all current and future notices, disclosures, communications and information, and that the aforementioned provided electronically satisfies any legal requirement that such communications be in writing. You agree that you meet the following technical requirements and are able to access and retain copies of notices and information sent or made available electronically: (i) internet access with 128-bit encryption; (ii) Adobe Acrobat Reader 6 or higher; (iii) ability to print Internet Explorer 6 or higher; (iv) Netscape 8.04 and above (use in IE mode); and (v) e-mail access or Firefox version 1.5.

Trademarks

RentJuice.com, RentJuice, RentJuice-certified and the other graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of RentJuice in the United States of America and/or other countries. Our trademarks and trade dress may not be used in connection with any services offered by us in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

Copyright

The Site and all content and other materials on the Site, including, but not limited to, our logo and all designs, text, graphics, logos, icons, images, photographs, audio clips, digital downloads, data compilations, software and the selection and arrangement thereof (collectively, the “Materials”) are our property or that of our licensors or users and are protected by United States and/or international copyright laws.

Limited License and Restrictions

We grant you a limited, non-sublicensable, non-exclusive and revocable license to access and make use of the Site and electronically copy (except where prohibited without a license) and print to hard copy portions of the Site for your informational, non-commercial and personal use only, solely in accordance with, and subject to, these Terms of Service, the Other Terms (as defined below) and any other of our policies as posted on the Site. Except as otherwise expressly permitted by these Terms of Service or Other Terms, you may not: (a) collect, use, copy or distribute any portion of the Site or the Materials; (b) resell, publicly performance or publicly display any portion of the Site or the Materials; (c) modify or otherwise make any derivative uses of any portion of the Site or the Materials; (d) use any data mining, robots or similar data gathering or extraction methods with respect to any portion of the Site or the Materials; (e) download (other than page caching) any portion of the Site, the Materials or any information contained therein; or (f) use the Site or the Materials other than for their intended purposes.

You agree that you will not create links from any Web site or Web page to any page within our Site; provided however that upon prior written consent from RentJuice, you may create a link directly to any of the Site’s pages, including, but not limited to pages currently located at http://www.rentjuice.com. The origin of any link to the Site’s home page must be accompanied by a clear and prominent attribution indicating that the link is connected to the RentJuice home page. By creating a link to the Site, you agree that: (a) you will not employ any technology that results in the placement of content from the Site in a frame and/or a reduced pop-up window and/or any other display mechanism which changes appearance of the Site from how it would appear if a user typed the URL in a typical browser line; (b) your site shall not display content or link to other web sites that contain content that is illegal, obscene, indecent, disparaging, discriminating or otherwise offensive; (c) you have duly registered your domain name and possess all rights necessary to use the same; and (d) you shall not in any manner access, collect, store, disclose, transfer or use any information obtained or derived from a user’s access to or use of the Site. RentJuice reserves the right to revoke your permission to create such link at any time in its sole discretion without liability to you, and you agree to immediately cease using the link at any time that RentJuice so requests.

Unless otherwise expressly permitted by these Terms of Service, nothing in these Terms of Service will be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. In the event any license (which is not expressly granted under these Terms of Service to you) is otherwise deemed to be granted to you by operation of law or otherwise, you hereby irrevocably assign to us forever all right, title and interest therein, without any fee.

Third Party Sites and Content

We may host or provide links to products, Web pages, Web sites and other content of third parties (“Third Party Sites and Content”). The inclusion of any link or the hosting of any content is provided solely as a convenience to our users, including you, and does not imply affiliation, endorsement, approval, control or adoption by us of any Web site or any information or content contained therein. We make no claims or representations regarding, and accept no responsibility for such Third Party Sites and Content, or for the quality, accuracy, nature, ownership or reliability thereof. Users, including you, may use these links and the Third Party Sites and Content contained therein at their own risk. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Web site to which you navigate from the Site.

Advertisements and Promotions; Third Party Products and Services

We may run advertisements and promotions from third parties on the Site or may otherwise provide information or links to third party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of our advertisers and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or promotions or as the result of the presence of such third party advertisers or third party information on the Site.

Your Account

If you use the Site, you are responsible for maintaining the confidentiality of your account and passwords and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or passwords. Neither our Site nor our products and services are intended for use by children under the age of 13. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

User Content and Interactive Services or Areas

The Site includes interactive areas or services (collectively, “Interactive Areas”) in which you or third parties post, transmit, distribute, store, create, or otherwise share or link to any property listings by an agent or agency (collectively, the “Agents”), Agent profiles, potential lessee (“Renter”) profiles, messages, text, materials, data, information, software, audio, art, images, photos, video, graphics, or other items or materials on the Site (collectively, “User Content”). You are solely responsible for your use of and access to the Interactive Areas and you will use the Interactive Areas at your own risk.

Some of the interactive elements of the Site are as follows:

  • User profile, registration and account pages;
  • Various pop-up tools;
  • Real estate listings and co-broke opportunity pages;
  • Rental application forms and document creation utilities;
  • Credit report download tools;
  • Maps and street-level viewers;
  • Notifications and messages delivered via email, RSS, social networks or SMS; and
  • The home web site including, but not limited to, various search and filtering tools and accompanying results pages.

By using the Site or any Interactive Areas, you agree not to upload to, transmit, distribute, store, or otherwise publish through the Site any of the following:

  • Any User Content that intentionally or unintentionally violates any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act;
  • Any User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, derogatory, demeaning, inflammatory, malicious, offensive or hateful, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable or harmful, including, but not limited to, any User Content;
  • Any User Content that depicts graphic, excessive or gratuitous violence;
  • User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of us or others;
  • User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other proprietary right of us or others;
  • Viruses, corrupted data or other harmful, disruptive or destructive files; and
  • Any User Content that is unfair or deceptive or that otherwise violates any applicable consumer protection laws, including chain letters and pyramid schemes or using false, misleading or deceptive subject or packet header information.

Although we prohibit certain activities in these Terms of Service, we do not control and take no responsibility or liability for any User Content stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for such. Judgments as to the acceptability of User Content are at our sole discretion, and we reserve the right, and has absolute discretion, to remove, screen or edit the User Content stored on the Site at any time and for any reason without notice.

In using the Site or any Interactive Areas, you may not:

  • Violate any laws, third party rights, our polices, these Terms of Service or Other Terms;
  • Use the Site to advertise a property owned by another person unless you are the duly authorized agent, representative or property manager of the property owner, and can bind such property owner, and your representation of such owner complies with all applicable laws;
  • Provide inaccurate or misleading information relative to a property;
  • Offer RentJuice Renters concessions less favorable than those offered to non-RentJuice Renters;
  • Manipulate the price of any item or interfere with other user’s listings;
  • Circumvent or manipulate our fee structure, the billing process, or fees owed to RentJuice or an Agent;
  • Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
  • Use any robot, spider, script or other automated device or process to scrape, retrieve or index any portion of the Site or the Service, or collect information about users;
  • Store, post, transmit, or otherwise share or link to any material that is libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable or harmful;
  • Store, post, transmit, or otherwise share or link to any material that contains software viruses, corrupted data or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Impersonate any person or entity, or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
  • Engage in, foster or promote any abusive, inappropriate, fraudulent or irresponsible behavior, including, but not limited to, attempting to gain unauthorized access to or use of data, systems or networks or causing any breach of security or authentication measures or monitoring network data or traffic without express written authorization from us;
  • Use the Site or the Interactive Areas for commercial purposes other than as expressly allowed by a written agreement with us or make available any unsolicited advertising, solicitations, promotional or informational materials or commercial or bulk email;
  • Absent express written consent from us or such user or third party, solicit, collect, store, post, transmit, use, or otherwise share or link to any sensitive, personally identifiable or private information of any users or other third party, including, but not limited to, email addresses, phone numbers, Social Security numbers, credit card numbers, passwords, and family information through any means (including, but not limited to deceptive means such as phishing);
  • Attempt to obtain any personal information about minors (including, but not limited to, name, address, phone number, age, date of birth, and email address;
  • Attempt to use or access another user’s account without authorization or create a user account under false or fraudulent pretenses; and
  • Engage in any predatory, stalking, harassing or harmful conduct, whether within or outside the Site or the Interactive Areas.

Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.

In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and users, or to ensure the integrity and operation of our services, business and systems, we may access and disclose any information we consider necessary or appropriate, including, but not limited to, IP addresses and traffic information, usage history, and posted User Content. Our right to disclose any such information will govern over any terms of the Privacy Policy or Other Terms.

Submissions

You may post to the Site (if and as available), respond to our surveys or email us with any questions, comments, suggestions, feedback, ideas, or other information with respect to our services or any other matters (collectively, “Feedback”), provided the Feedback: (a) does not contain any illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights; (b) is not otherwise injurious to third parties; (c) is not objectionable; or (d) does not consist of or contain software viruses, mass mailings, or any form of “spam.” By posting Feedback to the Site or submitting Feedback to us, such Feedback will become our sole property. We will own worldwide and exclusive rights, including, but not limited to, all intellectual property rights embodied therein, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial, or otherwise, without acknowledgment or compensation or reimbursement of any kind to you. By posting Feedback to the Site or submitting Feedback to us, you acknowledge and agree that: (i) your Feedback does not contain confidential or proprietary information; (ii) we are not under any obligation of confidentiality, express or implied, with respect to the Feedback; (iii) we will be entitled to use or disclose (or choose not to use or disclose) any Feedback for any purpose, in any way, in any media worldwide; (iv) we may have something similar to the Feedback already under consideration or in development; and (v) we may, but is not obligated to, review or monitor areas on the Site where users may transmit or post Feedback.

Services Not Provided

RentJuice operates a platform for Agents to advertise rental properties, and the related listings and advertisements on the Site are based on information provided by the Agents. Accordingly, RentJuice is not responsible in any way for the content in any such listings or advertisements. Without limiting the generality of the foregoing, you acknowledge and agree that except as expressly provided for herein or in such Other Agreement to which a Renter or Agent is a party together with RentJuice, as follows:

  • RentJuice does not participate in any actual lease transactions, including, without limitation, negotiations, discussions, or proposals, and you expressly waive any requirement that purports to impose on RentJuice an obligation to perform any services other than those expressly undertaken by RentJuice;
  • RentJuice does not render legal, brokerage, or other professional advice or services; in the event you desire or need such services, RentJuice strongly advises you to secure the same;
  • RentJuice is not undertaking any, and has no, duties to either Renters or Agents, including, without limitation, the obligation to inspect rental properties, to verify the veracity of information contained in a listing or advertisement, or to interview or otherwise screen Renters;
  • RentJuice is not responsible for the content of, nor does it endorse, the third-party websites to which you may link using this Site;
  • RentJuice does not guarantee the accuracy of any information available on this Site, and is not responsible for any errors, omissions, or misrepresentations, whether made by Agents, Renters or otherwise and all information obtained on this Site must be verified independently;
  • RentJuice is not a mortgage broker or mortgage lender, and RentJuice does not aid or assist borrowers in obtaining, solicit borrowers or lenders for, negotiate or make loans secured by liens on real property; and
  • While RentJuice complies with applicable state and federal laws, including federal civil rights laws, RentJuice cannot guarantee that its users so comply. Accordingly, RentJuice assumes no liability for Renters’ and/or Agents’ failures to comply with such laws.

Ordering Services and Payments

You may order services provided by RentJuice if you have an active account with RentJuice. The monthly recurring fee for establishing and maintaining an account with RentJuice is available on our Pricing page (“Monthly Service Fee”). The fees for each of the services are also set forth on the Pricing page (each a“Transaction Service Fee”). The Transaction Service Fees and Monthly Service Fee are collectively referred to as the “Fees”. Notwithstanding any terms to the contrary in these Terms of Service, RentJuice, at its sole discretion, may modify the Fees.

Payment Terms – On a calendar monthly basis, RentJuice will charge the credit card number or debit card number you provide us with (“Credit/Debit Card”) the Monthly Service Fees. Each applicable Transaction Service Fee will be charged to your Credit/Debit Card when a service is ordered by you. When a Credit/Debit Card is used, the applicable Credit/Debit Card owner will be notified via e-mail. Unless otherwise stated, all Fees are in U.S. Dollars.

Terms Applicable Solely to Agents – When you provide us with your Credit/Debit Card, you may elect to make it only valid for your use and/or your agency’s use. If you decide that your Credit/Debit Card can be used by your agency, any agent within your agency may make charges against your Credit/Debit Card. You will be notified by email when any charges against our Credit/Debit Card take place within your agency.

Interest – In the event that RentJuice cannot collect the Fees from you due to insufficient funds or otherwise, the Fees due (but not paid) will subject to interest, and RentJuice may immediately cease performance of any services. Interest on any late payments will accrue at the rate of one and one-half percent (1.5%) per month, or the highest rate permitted by law, whichever is lower, from the date such amount is due until finally paid. Further, we may collect Fees owed using other collection mechanisms (including, but not limited to, charging other payment methods on file with us or retaining collection agencies and legal counsel).

Automatic Renewal Laws – After the first 30 days of of the activation of your account, in accordance with the laws governing automatic renewal of consumer contracts, RentJuice will provide you with notice at least thirty (30) days, but not more than sixty (60) days prior to the date by which you need to cancel the Monthly Service Fees.

Refunds – After the first 30 days of the activation of your account, RentJuice will not be obligated to issue any refunds for Fees charged to your Credit/Debit Card.

YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO USE AND HAVE FEES CHARGED TO THE CREDIT CARD NUMBER OR DEBIT CARD NUMBER YOU PROVIDE TO US.

You hereby authorize RentJuice to charge your credit/debit card on a monthly basis and per order as described above. You understand that you may withdraw this consent according to the procedures set forth in the credit/debit consent available on the Automatic Payment Authorization page.

30-Day Money Back Guarantee

Services provided by RentJuice include a 30-day money back guarantee. If you are dissatisfied with your service for any reason, you will receive a full refund for Monthly Service Fees if you cancel your account within 30 days of the activation of your account.

Our refund policy does not apply to any additional items or services; this includes but is not limited to credit reports, background checks and any accrued advertising fees. No refunds are available after 30 days. In order to cancel service, you must notify RentJuice’s Customer Support by filing a support ticket, contacting via email at support@rentjuice.com, or calling the service line Monday through Friday, 9:00 A.M. to 5:00 P.M. Pacific Time, at 1-877-21-JUICE. RentJuice’s Customer Support will assist you with the cancellation process. Please be aware that there are no pro-rated refunds after the first 30 days of service.

The 30-day money back guarantee does not apply to account renewals.

Accounts cancelled/terminated by RentJuice for violating our Terms of Use do not qualify for the 30-day money back guarantee.

Please allow 4-6 weeks for refunds of check or money order payments.

Additional Terms

When you use any current or future RentJuice services or products (including, but not limited to, those listed below) you may also be subject to the guidelines, terms and conditions (collectively, the “Other Terms”) applicable to such services or products, as provided for in the relevant policy or agreement (collectively, the“Other Agreements”). If these Terms of Service are inconsistent with such Other Terms, the Other Terms will control. In addition to the Privacy Policy (referenced above), following is a non-exhaustive list of Other Agreements that provide Other Terms related to specific services offered by RentJuice:

Each of these Other Agreements may be changed from time to time, consist with such Other Agreement’s terms, and shall take effect when posted to the Site (except as otherwise provided for in such Other Agreement). When using particular services on the Site, you are subject to any additional posted policies or rules applicable to services you use through the Site, which may be posted, modified and/or removed from time to time.

Disclaimer of Warranties

UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, THE SITE, THE MATERIALS, ANY OTHER INFORMATION AVAILABLE ON THE SITE, THE SERVERS, THE EMAIL SENT FROM US, OR ANY SERVICES OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR US ARE PROVIDED TO YOU ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT THE SITE, THE MATERIALS, ANY OTHER INFORMATION AVAILABLE ON THE SITE, THE SERVERS, THE EMAIL SENT FROM US, OR ANY SERVICES OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SITE. UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SITE, THE MATERIALS, ANY OTHER INFORMATION AVAILABLE ON THE SITE, THE SERVERS, THE EMAIL SENT FROM US, OR ANY SERVICES OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR US WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING: (A) ANY AND ALL WARRANTIES OF MERCHANTABILITY; (B) ANY AND ALL WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNEW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE); (C) ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE; AND (D) THAT THE SITE, THE MATERIALS, ANY OTHER INFORMATION AVAILABLE ON THE SITE, THE SERVERS, THE EMAIL SENT FROM US, OR ANY SERVICES OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR US WILL OPERATE WITHOUT INTERRUPTION OR ERROR. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO WARRANTIES. THIS DISCLAIMER AND EXCLUSION WILL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAILS OF THEIR ESSENTIAL PURPOSE.

Limitation of Liability

IN NO EVENT WILL RENTJUICE BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS, OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVERS, THE EMAIL SENT FROM US, OR ANY SERVICES OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR US, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVERS, THE EMAIL SENT FROM US, OR ANY SERVICES OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR US EXCEED THE AGGREGATE OF THE NET AMOUNTS RECEIVED BY US FROM YOU, IF ANY, FOR SOLELY YOUR ACCESS TO OR USE OF THE SITE (NOT YOUR PAYMENT FOR ANY SERVICES OR PRODUCTS PROVIDED BY US). MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification and Release

You will indemnify, defend and hold us and our investors, officers, directors, affiliates, subsidiaries, licensors, partners, licensees, consultants, contractors, agents, attorneys, employees, and applicable third parties (such as licensors, partners and advertisers) (collectively, the “Indemnified Parties”) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims (groundless or otherwise), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney and expert fees, costs, penalties, interest and disbursements) resulting from any claim (including third party claims), suit, action, or proceeding against a Indemnified Party, whether successful or not, resulting from or arising in connection with: (a) your use of the Site and/or the Materials; (b) your conduct; (c) your failure to perform your obligations under these Terms of Service and Other Terms (including, but not limited to, your violation of these Terms of Service or Other Terms); (d) any dispute you may have with one or more Renters, Agents, other users of the Site or other third parties, or the products and services provided thereunder; (e) your violation of the rights of any third party; and/or (f) User Content. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Termination

Notwithstanding any terms to the contrary in these Terms of Service, we reserve the right, without notice, without liability to you and in our sole discretion, to terminate any of your rights under these Terms of Service (including, but not limited to, your right to use the Site) and to block or prevent future your access to and use of the Site for any or no reason.

Repeat Infringer Policy

In accordance with the United States Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Site and/or terminate any or all rights under these Terms of Service of any users who infringe any of our intellectual property rights or those of others whether or not there is any repeat infringement.

Copyright Complaints

We respect the intellectual property rights of others. If you believe that any material on the Site infringes upon any copyright that you own or control, or that any link on the Site directs users to another Web site that contains material that infringes upon any copyright that you own or control, you may file a notification of such infringement with our designated agent as set forth below:

Designated Agent: Address of Designated Agent: Copyright Agent RentJuice Corporation 2044 Union Street San Francisco, CA 94123 Telephone Number of Designated Agent: (877) 215-8423 Fax Number of Designated Agent: (877) 215-8423 Email Address of Designated Agent: copyright@rentjuice.com

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s address in our records.

Miscellaneous

These Terms of Service and your use of the Site will be governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Service will be filed only in the state and federal courts located in San Francisco County, California. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Service. The application of the Uniform Computer Information Transactions Act is expressly excluded. None of your rights or duties under these Terms of Service may be transferred, assigned or delegated by you without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate our rights and duties under these Terms of Service. Subject to the foregoing, these Terms of Service will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns. If any provision of these Terms of Service is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms of Service will nonetheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated by these Terms of Service is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify the Terms of Service so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.

Reports

If you believe there is a violation of these Terms of Service and would like to report it to us, please direct the information to legal@rentjuice.com. Any reports of violations you submit to us, including your identity, may not be kept confidential. In response to your report, we may take actions in accordance with these Terms of Service or other applicable agreements between us and the alleged violator of the Terms of Service, and may pursue other remedies available under all applicable local, state, federal or international laws, regulations, rules, orders and other requirements, now or hereafter in effect. However, we are under no obligation to respond to any reports we receive. Please note that a personal reply to reports you submit to us may not always be possible.