Last Modified: December 2015
1. INTRODUCTION AND ACCEPTANCE
Welcome to the website of i3-RS, LLC d/b/a RentShare (“RentShare”, “we” or “us”). This RentShare User Agreement, together with any documents they expressly incorporate by reference, and any Additional Terms (as defined in Section 17) (collectively, this “Agreement”) govern your access to and use of any website on which they are posted including any content, functionality, applications, and services offered on or through such website (individually and collectively, the “Services”), whether as a guest or a registered user.
2. RENTSHARE IS AN INDEPENDENT CONTRACTOR
RentShare is a service provider that helps you make and receive rent payments. The relationship between you and RentShare is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
3. ELIGIBILITY TO USE SERVICES; REGISTRATION
- Payors. If you would like to use the Services to make payments to your landlord (“Payor”), then you must be an individual, at least 18 years of age, able to form legally binding contracts under applicable law, and a resident of the United States with a United States mailing address. In addition, you must register on our website and agree to this Agreement, and your landlord must register with us or otherwise assent to us providing payment electronically. If your landlord does not assent, we will send payment by check.
- Payees. If you are a landlord and would like to use our Services to receive payments electronically (“Payee”), then you must register with us on our website and agree to this Agreement. You represent and warrant that you (i) are either an individual at least 18 years of age or entering into this Agreement on behalf of a legally recognized entity, you are duly organized, validly existing, and in good standing under the laws of your state of organization; and (ii) have full right, power and authority to enter into this Agreement and to perform its obligations hereunder; (iii) if you are entering into this Agreement on behalf of a legally recognized entity, the execution of this Agreement has been duly authorized by all necessary action on the part of such entity; and (iv) you (or the legally recognized entity, as applicable) are a resident of or domiciled in the United States with a United States mailing address.
- Registration. To access the Services, you will be asked to provide certain registration details or other information in order to setup an account. It is a condition of your use of the Services that all the information you provide to RentShare is accurate and complete and, if such information changes, you will promptly update the relevant account information. You agree to protect and keep confidential all account information including without limitation your password. If you disclose your account information to any person or entity, you assume all risk of losses associated with such disclosure and are responsible for any account transactions, activities, or other uses. You agree to notify us immediately at the RentShare Support Center (as set forth in Section 20) of any unauthorized use (or attempted unauthorized use) of your account.
4. ACCESS TO SERVICES; SOCIAL MEDIA FEATURES
- The Services may be accessed by the internet. Use of the Services by the internet (a) requires access to the internet, (b) a supported web browser, (c) and may require other associated hardware and/or software. It is your sole responsibility to meet these requirements.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by any end user license agreement or additional terms that we may provide for use of such applications.
- We may provide software or integrations which allow some or all of our Services to be accessed directly from third-party applications or services (each an “Integration”). To the extent we make an Integration available, RentShare grants you a limited, non-exclusive, non-sublicensable and non-transferable license to access and use the Services through the provided Integration. If you are a Payor, then such Integration is provided solely for your own personal, non-commercial use. If you are a Payee, then such Integration is provided solely for your own use in the ordinary course of your business. In addition, you agree to be bound by any end user license agreement or additional terms that we may provide relating to access and use of the Services through any such Integration.
- If we provide social media features with certain content, you make take such actions as are enabled by such features.
- Payment Services. By registering for the Services, Payor authorizes RentShare to cause to be debited the deposit account or credit card account that the Payor has provided to RentShare as part of the registration process. By registering for the Services, a Payee authorizes RentShare (or its designated payment processor) to cause funds to be deposited or credited to the Payor’s deposit account provided to RentShare as part of the registration process. Each Payor and Payee agrees that it shall not participate in any of the prohibited activities described in Section 8.
- Payment Ownership, Scheduling, and Disbursement.
- Funds transfers by Payors may be held for up to three (3) business days prior to disbursement to a Payee. Once payment to a Payee has been scheduled, Payors may only change or cancel their payments in accordance with Section 5(f). RentShare reserves the right to refuse to cause to be processed any payment if we reasonably believe that your activity, or the transaction if processed, would result in you being in violation of this Agreement or in violation of applicable law. In such event we will attempt to promptly notify you if we decline to process a payment. Notwithstanding the foregoing, we will have no obligation to notify you if we reasonably believe you have engaged in any prohibited activity listed in Section 8.
- Once a Payor transfers funds designated for payment to a Payee, a Payor has no further rights in those funds subject to Section 5(f) below. Prior to disbursement in accordance with the Payor’s instructions provided during the registration process, RentShare shall cause to be deposited all funds received from Payors in a non-interest-bearing deposit account at a financial institution in the United States. Such account is owned and maintained by its payment processor (the “Settlement Account”). The Settlement Account will be a commingled account containing funds for other customers of RentShare’s payment processor in addition to the funds deposited for the benefit of RentShare Payees. RentShare shall maintain records of subaccounts for each Payee (“Subaccount(s)”). RentShare is not a bank, savings and loan or regulated financial institution. RentShare is not a money transmitter. At no time does RentShare own, control, or transfer the funds in the Settlement Account, which are owned and controlled by RentShare’s payment processor. RentShare uses Instruction Based Funding services provided by its payment processor to cause the fund transfers required for the Services. RentShare’s payment processor will initiate funds transfers or check, as applicable, to Payees from the Settlement Account consistent with funding instruction files received from RentShare. Neither Payor nor Payee will receive interest on any amounts transferred for time which elapses during payment processing.
- Reversals, Returns and Chargebacks. Payee agrees to be liable for any reversals, returns, or chargebacks (“Disputed Amounts”) incurred by RentShare, and authorizes RentShare to instruct its payment processor to setoff the amount of such Disputed Amount against funds held in the Payee’s Subaccount in order to reimburse RentShare for the amount of such Disputed Amount, and if the balance in its subaccount is insufficient to cover the Disputed Amount, the Payee will immediately upon request from RentShare transfer funds to the Settlement Account for credit to RentShare in the Disputed Amount.
- Recurring Payments. Payors may authorize RentShare to cause its payment processor to initiate recurring payments to designated Payees based upon an agreed upon schedule. RentShare will make these recurring payments unless and until RentShare receives and confirms a Payor’s request for cancellation, and has had a reasonable time to act upon it.
- Taxes. RentShare users are responsible for determining what, if any, taxes apply to payments made or received using RentShare, and it is your responsibility to collect, report, and pay the correct tax to the appropriate tax authority.
Payment Refund and Cancellation Policy.
- Payor may cancel a payment to be made by electronic funds transfer or credit card transaction up to one business day prior to a scheduled payment date for a full refund minus transaction and service fees. If a payment has been finalized and/or credited to a Payee’s account, Payor must contact the Payee directly for a refund, or follow the transaction dispute procedures of Payor’s financial institution.
- Payees will instruct RentShare during the registration process as to how to handle partial payments. Unless a Payee has directed RentShare to disburse partial payments to a Payee, RentShare will refund the amount(s) received to the Payor if the full amount due and owing to the Payee is not received within 20 days of the scheduled due date provided to RentShare during registration.
- If a funds transfer request or charge to a Payor’s account initiated by RentShare is declined due to insufficient funds, closed account, or any other reason, RentShare will notify the Payor and the designated Payee by email.
All refund and cancellation requests are subject to the following conditions:
- Transaction or service fees, and insufficient funds fees are not refundable under any circumstances.
- Insufficient funds fees must be paid in full by one account holder, regardless of how many accounts are associated with the payment.
- Credit card payment refunds may take up to 5 business days to process. Bank account refund requests may take up to 3 business days to process.
- Refund inquiries can be made by contacting us at the RentShare Support Center as set forth in Section 20.
6. INTELLECTUAL PROPERTY RIGHTS
Our Services including, without limitation, our website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, and the design, selection and arrangement thereof), are owned by RentShare and its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may not modify, copy, record, publish, transmit, distribute, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part without our written consent.
The RentShare trademark and all related names, logos, product and service names, designs and slogans are trademarks of RentShare or its affiliates or licensors. You must not use such marks without the prior written permission of RentShare. All other names, logos, product and service names, designs and slogans on this website are the trademarks of their respective owners.
8. PROHIBITED ACTIVITIES
You may use our Services only for lawful purposes and in accordance with this Agreement. You agree not to use our Services:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
- To impersonate or attempt to impersonate another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm RentShare or users of the Services or expose them to liability.
Additionally, you agree not to:
- Use any payment source you are not authorized to use or engage in any fraudulent transaction.
- Manipulate or abuse the credit card or ACH payments process in any way, including, but not limited to, making a payment to create cash from a credit or gift card.
- Use the Services for any unauthorized or illegal purpose, including, but not limited to, making or receiving payments related to pornography, drugs, gambling, tobacco, or other prohibited activities.
- Access RentShare from a country other than the United States.
- Use the Services in any manner that could disable, overburden, damage, or impair the website or interfere with any other party’s use of the website or Services, including their ability to engage in real time activities through the website.
- Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the website.
- Use any manual process to monitor or copy any of the material on the website or the Services or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the website or Services.
- Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services the server on which our software or website is stored, or any server, computer or database connected to the Services.
- Attack our Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Services.
9. LIMITED WARRANTY; DISCLAIMER
- Limited Warranty. RentShare represents and warrants that it will make commercially reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit and debit card transactions, and check issuances are processed and paid in a timely manner, except that this warranty shall not apply to any failure to complete or delay in processing of any payment if:
- Payor’s payment was rejected or returned, was unpaid due to insufficient funds or credit availability, or was not authorized for any reason;
- RentShare’s system was not working properly and you had knowledge of this fact and still used the system;
- A force majeure event occurred as described in Section 19(a);
- Payee information was incorrect, whether provided by the Payor or Payee;
- RentShare has not received funds from Payor (or Payors) sufficient to make a rent payment in the full amount due to landlord;
- Payee refused or returned payment;
- RentShare reasonably suspected fraud and refused to process the payment;
- A processing error or delay in the ACH, EFT, or any other processing system occurred; or
- RentShare reasonably believed, in its sole judgment, that you engaged in any prohibited activities set forth in Section 8 or otherwise breached this Agreement.
- RentShare shall not be liable for a breach of the limited warranty set forth in Section 9(a) unless you give notice of the defective Services, reasonably described, to RentShare within ten (10) days of the time when you discover or ought to have discovered that the Services were defective.
- Subject to Section 9(b), your sole remedy for any breach of the foregoing limited warranty shall be to correct the erroneous transaction and refund any service fees assessed by RentShare.
- You further agree, to the maximum extent permitted by law, that our liability arising from any breach of the foregoing limited warranty will be limited to actual monetary damages that are the direct result of our failure to exercise reasonable care in providing the Service. Notwithstanding the foregoing, for funds transfers which are subject to Article 4A of the Uniform Commercial Code (“UCC Article 4A”), we are liable only for damages required to be paid under UCC Article 4A. Our liability for loss of interest resulting from any error or delay shall be calculated by using a rate equal to the average Federal Funds rate at the Federal Reserve Bank of New York for the period involved. At our option, payment of such interest may be made by crediting your account.
- DISCLAIMER. Except for the limited warranty set forth in Section 9(a), RentShare makes no representations or warranties regarding the amount of time needed to complete processing because our Services are dependent upon many factors outside of our control, such as delays in the banking system or the mail service. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 9(a), THE SERVICES ARE PROVIDED “AS IS.” RENTSHARE HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER (INCLUDING ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE), AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, RENTSHARE MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES OR ANY OTHER GOODS, SERVICES, TECHNOLOGIES, INFORMATION OR MATERIALS, OR ANY PRODUCTS OR RESULTS OF THE USE OF ANY OF THEM, WILL MEET YOUR OR OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OTHER GOODS, SERVICES, TECHNOLOGIES, INFORMATION OR MATERIALS, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR-FREE. RENTSHARE WILL MAKE REASONABLE EFFORTS TO ENSURE THAT REQUESTS FOR ELECTRONIC DEBITS AND CREDITS INVOLVING BANK ACCOUNTS, CREDIT AND DEBIT CARDS AND CHECK ISSUANCES ARE PROCESSED IN A TIMELY MANNER EXCEPT, AS MAY BE OTHERWISE EXPRESSLY SET FORTH HEREIN.
10. LIMITATION ON LIABILITY
- EACH USER AGREES TO THE MAXIMUM EXTENT PERMITTED BY LAW THAT IN NO EVENT WILL RENTSHARE, ITS PARENT COMPANY, SUCCESSORS, AGENTS, AFFILIATES, BUSINESS PARTNERS, AND SERVICE PROVIDERS AND EACH OF THEIR OFFICERS, DIRECTORS, AND EMPLOYEES (COLLECTIVELY, THE “RENTSHARE ENTITIES”) BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, IN EACH CASE REGARDLESS OF WHETHER THE RENTSHARE ENTITIES WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT A RENTSHARE ENTITY.
- RENTSHARE IS NOT RESPONSIBLE FOR THE ACTIONS OF THIRD PARTIES, AND YOU RELEASE THE RENTSHARE ENTITIES FROM ANY CLAIMS AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
- MAXIMUM LIABILITY. IN NO EVENT WILL THE COLLECTIVE AGGREGATE LIABILITY OF THE RENTSHARE ENTITIES TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, EXCEED THE LESSER OF: (i) THE AMOUNT OF FEES RECEIVED BY US PURSUANT TO THIS AGREEMENT FOR THE SERVICES PERFORMED IN THE IMMEDIATELY PRECEDING THREE MONTHS; OR (ii) $500.00. THE LIMITATIONS IN THIS SECTION 10(c) SHALL NOT APPLY TO OUR OBLIGATION TO DELIVER RENT PAYMENTS OR REFUNDS TO YOU PURSUANT TO OUR OBLIGATIONS IN SECTIONS 5, 9(c), AND 9(d). THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL THEIR ESSENTIAL PURPOSE.
- Exceptions. The exclusions and limitations in this Section 10 do not apply to RentShare’s obligations or liability for RentShare’s gross negligence or willful misconduct.
- THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE WEBSITE, OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You agree to indemnify and hold harmless the RentShare Entities from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement (including any Additional Terms), your use of the website or the Services, or from any act or omission by you with respect to the Services or a payment.
13. EXPERIAN CONNECT API SERVICES
- The Connect API Service. Landlords and tenants who have registered with RentShare (“Registered Users”) may access RentShare’s tenant screening report services, offered through Experian Information Solutions, Inc. In order to register for the Connect API Services on our website, you must submit information as part of the registration process to allow us to confirm your identity, and you authorize us to obtain information from Experian for that purpose (the “Authentication and Screening Process”). If you successfully pass the Authentication and Screening Process for the Connect API Services, Registered Users may request credit information (“Credit Information”) from Experian through RentShare’s platform with respect to prospective tenants for use for tenant screening only (each, a “Report Subject”). RentShare will prepare a report summarizing the Credit Information and make such report available to Registered User on our website, and will charge a fee to each Report Subject for the RentShare-prepared report. Registered Users are required to re-register and pass the Authentication and Screening Process if (A) 90 days have elapsed since a Registered User has requested or viewed Credit Information by use of Connect API Service; (B) 365 days have elapsed since the most recent Authentication and Screening Process was successfully completed by Registered User; (C) in the event the Registered User modifies any personal data previously submitted to RentShare, such as a name or social security number; or (D) if information comes to RentShare’s attention that calls into question the validity of the prior authentication and screening process.
- Use of the Connect API Service by Credit Subjects. Registered Users who are prospective tenants may provide written instructions to RentShare in order to view their Credit Information for a limited period of time solely in conjunction with an application for a lease and for no other purpose. RentShare may also provide a disclosure copy to a Report Subject against whom adverse action has been taken, subject to any limitations as required by Experian.
- Permissible Purpose and Specified Use. By registering as a Registered User for the Connect API Service and requesting a Credit Information report, Registered User hereby represents and warrants that its sole intended use of the Credit Information and corresponding permissible purpose under the FCRA is for the purpose of renting or leasing real property. Registered User agrees that it will not request or use the Credit Information for any other purposes, including without limitation, any purpose prohibited by law. With each request for Credit Information made through the Connect API Service, Registered User will identify the applicable permissible purpose for such request, and acknowledges that such requested use shall be limited to a single use.
- Notice to Users; Compliance with Laws; No Further Resale. Registered User hereby certifies that (a) it has read, understands, and has received the “Notice to Users of Consumer Reports” required under the Fair Credit Reporting Act (“FCRA”) and provided as part of its registration process; (b) it shall comply with all federal, state, and local statutes, regulations, and rules applicable to it, including without limitation, the FCRA; and (c) it does not intend to resell or otherwise provide or transfer the Credit Information in whole or in part to any other person or entity.
- Use of VantageScore®. If permitted by RentShare, a Registered User may request access to VantageScore credit scoring services for its exclusive use as limited by this User Agreement. A Registered User may store VantageScores solely for its own use in furtherance of Registered User’s original purpose for obtaining the VantageScore. Under no circumstances shall Registered User use VantageScores for model development or model calibration andshall not reverse engineer VantageScores. All VantageScores provided must be held in strict confidence and may never be sold, licensed, copied, reused, disclosed, reproduced, revealed or made accessible, in whole or in part, to any person except (i) to those employees of Registered User with a need to know and in the course of their employment; (ii) when accompanied by the corresponding reason codes, to the consumer who is the subject of the VantageScore; (iii) to government regulatory agencies; or (iv) as required by applicable law.
- Requirement for Notice of Adverse Action. If the Registered User declines a lease application on the basis of any Credit Information it has received from RentShare, Registered User will notify the Credit Subject of its reasons for denying such application in accordance with the requirements of the FCRA. In such event, RentShare may provide a disclosure copy of the Credit Information to a Credit Subject against whom such adverse action has been taken.
- Dispute Resolution. If any Credit Subject notifies RentShare that he disputes any item of information contained in the report issued by RentShare, RentShare shall reinvestigate and record the current status of the disputed information or delete the information from the Credit Subject’s file maintained by RentShare, in accordance with RentShare’s Consumer Report Dispute Policy. Additionally, RentShare shall notify Experian’s National Consumer Assistance Center of the notice of dispute within five days of its receipt thereof. RentShare has no authority to handle disputes on behalf of Experian, or to reinvestigate or make changes to information held in Experian’s files.
14. MONITORING AND ENFORCEMENT; TERMINATION
- We have the right to:
- take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
- We reserve the right to refuse to provide Services to you or terminate or suspend your account if we believe, in our sole opinion, that you are using (or intend to use) the Services in a fraudulent manner or in a way that is otherwise in violation of the law or this Agreement.
- Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services or website. YOU WAIVE AND HOLD HARMLESS THE RENTSHARE ENTITIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
- You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of this Agreement.
- Any suspension or termination shall not affect your obligations to us under Agreement. The provisions of this Agreement which by their nature should survive the suspension or termination of your account or this Agreement shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, disclaimers, limitations on liability, provisions related to intellectual property ownership, and all of the miscellaneous provisions in Section 18.
15. MODIFYING OR CLOSING YOUR ACCOUNT
You may cancel your account or cancel an order placed through your account by contacting the RentShare Support Center as set forth in Section 20. You may also close or make changes to your account by logging into your account and changing your account settings. If you have a pending payment, RentShare will not close your account until you have cancelled that payment as set forth in Section 5(f) or that payment has been made.
16. GEOGRAPHIC RESTRICTIONS
RentShare is based in the State of Tennessee in the United States and use of Services is limited to persons and entities as set forth in Section 3 above. RentShare provides this website and the Services for use only by persons or entities physically located in the United States. We make no claims that the Services, website or any of its content is accessible or appropriate for use outside of the United States. Access to the Services or website may not be legal by certain persons or in certain countries. If you access the Services or website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
17. ADDITIONAL TERMS; CHANGES TO THE AGREEMENT AND SERVICES
- We reserve the right at any time and for any reason, to modify or discontinue any aspect or feature of the Services or to modify this Agreement. In addition, we reserve the right to provide you with additional terms and conditions that may govern your use of the Services generally, unique parts of the Services, additional functionality or applications made available to you as part of the Services, or any or all of these (“Additional Terms”). Any such Additional Terms that we may provide to you will expressly reference this Agreement, will be effective upon notice, and be incorporated by reference into this Agreement. To the extent any Additional Terms directly conflict with this Agreement, the Additional Terms will control.
- Subject to the next paragraph, modifications to this Agreement will become effective three (3) days after posting on the website or, if we notify you by email or conventional mail, as stated in the email message or conventional mailing. Your access to and use of the Services or website after the effective date of any modification of this Agreement will signify your assent to and acceptance of the same. If you object to any subsequent revision to this Agreement, immediately discontinue use of the Services or website. All counteroffers to this Agreement (or amendments to the same) are categorically rejected.
- If a dispute arises out of or relates to the website or this Agreement including, without limitation, any Additional Terms or their breach (the “Dispute”), the parties agree that the Agreement in effect at the time the Dispute arose shall apply to the Dispute, including any amendments to the Agreement posted prior to the dispute arising. No amendment to the Agreement shall apply to any Dispute as to which we had notice prior to posting the amendment.
18. THIRD PARTY CONTENT AND LINKS
- We may provide third-party content through our website or Services. Any such third-party content represents the opinions and judgments of the third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement that may be made in such third-party content and expressly disclaim any warranties with respect to the same.
- We may provide links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
- Force Majeure. RentShare shall not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of RentShare including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage, provided that, if the event in question continues for a continuous period in excess of ten (10) days, you shall be entitled to give notice in writing to RentShare to terminate this Agreement.
- Governing Law and Jurisdiction. All matters relating to our website, the Services, this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule (whether of the State of Tennessee or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to our website, the Services, and/or this Agreement shall be instituted exclusively in the federal courts of the United States or the courts of the State of Tennessee in each case located in the City of Nashville and County of Davidson although we retain the right to bring any suit, action or proceeding against you for breach of this Agreement in your county of residence. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- Waiver and Severability. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.
- Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without RentShare’s prior written consent. RentShare reserves the right to transfer or assign this Agreement or any right or obligation under them at any time.
- Communications. You consent to receiving communications from RentShare electronically. You agree that we have the right to communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The Services (including this website) are owned and operated by i3-RS, LLC d/b/a RentShare.
All questions about your account, requests for support, feedback, comments, and other communications relating to the Services should be directed to the RentShare Support Center at email@example.com or 1-888-407-5023.
Thank you for visiting RentShare.com