• End User License Agreement and Terms of Service

    Effective Date: March 1, 2018

     

    By using myrentcheck.co website, Rentcheck mobile app, and Rentcheck service (the “Service”) you are agreeing to be bound by the following terms and conditions (“Terms of Use”). By accessing the Service, using the Service, subscribing to the service or otherwise entering into this Agreement, you are creating a binding contract with Rentcheck. Rentcheck may revise or update this Agreement by posting an amended version through the Service and making you aware of the revisions. Your use of the Service following an update to this Agreement (or other acceptance method) is considered acceptance of the updated Agreement. If you do not accept the changes, you must stop using the Service. We’ve done our best to make the following terms clear and easy to understand.

    Rentcheck

    1. Rentcheck empowers landlords and tenants to effectively document the condition of a property and terms around security deposit funds. Tenants can use the service to document the condition of a property at move-in so that a basis of condition can be agreed upon in regard to security deposit deductions at move-out. Currently, landlords and tenants can agree to appoint Rentcheck to manage security deposit funds on behalf of both parties by providing Rentcheck with the security deposit funds. Rentcheck will make all decisions to hold funds within designated investment program(s) or interest-bearing accounts in Rentcheck’s sole discretion and without first consulting you. Such securities may include, but are not limited to mutual funds, common or preferred stock, convertible stocks or bonds, options, warrants, rights, corporate, municipal, or government bonds, and notes or bills
    2. Rentcheck is free for tenants and landlords. The objective of Rentcheck is to guarantee security deposit funds as a third party, in order to protect the integrity of an existing agreement between landlords and tenant. While securely holding the funds, Imeprent may make decisions to increase the value of the security deposit funds in the form of financial returns.  Rentcheck has the right to retain any financial returns and/or the discretion to disperse the returns to the landlord and/or tenant. Rentcheck may change its pricing model at any time, and will inform you of pricing changes via email, SMS, or a message within the Rentcheck application. You can cancel service at any time.
    3. Rentcheck uses outside payment processors to handle all transactions between landlords and tenants, and payments between users and Rentcheck. When you provide Rentcheck with payment information, you authorize Rentcheck to in turn provide that information to its payment processors, which they use to facilitate transactions you authorize. Please refer to the processors’ own terms of service for details on how they handle your information. If you purchase a subscription, it may result in recurring charges to your payment card or method, and you agree that Rentcheck may charge such amounts until such a time as your subscription expires or you cancel the subscription, depending on the subscription type. WE MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. To terminate your authorization or change your payment method, please contact us at hello@myrentcheck.co.
    4. Rentcheck and its payment processors may debit funds from your account if a bank initiates a reversal, chargeback, or dispute of a payment made by you, in accordance with applicable financial institution and network policies and procedures. Rentcheck may also initiate a reversal or other debit, or take other appropriate actions in case of fraud or abuse.
    5. Rentcheck does not provide legally binding arrangements and is not a substitute for a written lease.
    6. Rentcheck bears no responsibility for the accuracy of its users’ information.
    7. Rentcheck may terminate any account at any time, for any reason or no reason at all, including but not limited to causes involving alleged violation of this Agreement.
    8. All of Rentcheck’s trademarks and copyrights, and content appearing through Rentcheck, are the sole property of Rentcheck and/or its licensors. You do not gain any ownership interest in any such materials through the use of the Services.
    9. Rentcheck may modify, suspend, or terminate its services for any reason, without notice, at any time.
    10. Rentcheck may refuse or suspend service to anyone for any reason, without notice, at any time.
    11. Rentcheck may permanently delete any and all information associated the Service at any time.
    12. Rentcheck may permanently store any and all information associated with the Service.
    13. Rentcheck does not, by delay of action, waive any rights listed in these Terms of Service.

    You

    1. You must be at least eighteen years old and must be an American citizen to use Rentcheck.
    2. You must provide all information needed during signup. All supplied information must be up to date, true and accurate, and you must update it if any of such information changes.
    3. You must maintain an up-to-date email address in order to receive important notifications from Rentcheck.
    4. You understand and agree that the Service may use text messages or data that may incur charges from your carrier, and that you are responsible for such charges.
    5. You may not share an account with another person.
    6. You are responsible for keeping your password and account secure.
    7. You are responsible for all action taken by or through your account.
    8. You may not use scripts, algorithms, or “bots” of any sort on Rentcheck, or access portions of the Service not generally available to the public.
    9. You may not use Rentcheck for any illegal purpose, to violate any laws in your jurisdiction or in Rentcheck’s, or to infringe the rights of anyone. You may not use Rentcheck as part of any fraudulent scheme or transaction. Rentcheck may share any and all of your account information with law enforcement in cases of unauthorized or illegal use.
    10. You may not emotionally or psychologically harm other Rentcheck users.
    11. You may cancel your account for any reason, at any time. You can submit a cancellation request through the app or the website.
    12. You as a landlord agree to understand and obey all relevant fair-housing and anti-discrimination laws, and other laws or regulations applicable to you as a landlord.
    13. You as a landlord and/or tenant agree to indemnify, defend, and hold harmless us and our affiliates, agents, officers, employees, and vendors from any claim, suit, action, or loss arising from or relating to your use of Rentcheck or your violation of this Agreement (collectively, any “Claim”), including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

    Basic Terms

    1. You must be 13 years or older to use this site.

    2. You may not post nude, partially nude, or sexually suggestive photos.

    3. You are responsible for any activity that occurs under your account.

    4. You are responsible for keeping your password secure.

    5. You must not abuse, harass, threaten, impersonate or intimidate other Rentcheck users.

    6. You may not use the Rentcheck service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.

    7. You are solely responsible for your conduct and any data, text, information, graphics, photos, ("Content") that you submit.

    8. You must not access Rentcheck's private API by any other means other than the Rentcheck application itself.

    9. You must not crawl, scrape, or otherwise cache any content from Rentcheck including but not limited to user profiles and photos.

    10. You must not transmit any worms or viruses or any code of a destructive nature.

    11. You must not, in the use of Rentcheck, violate any laws in your jurisdiction (including but not limited to copyright laws).

    12. Violation of any of these agreements will result in the termination of your Rentcheck account. While Rentcheck prohibits such conduct and content on its site, you understand and agree that Rentcheck cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Rentcheck service at your own risk.

     

    General Conditions

    1. We reserve the right to modify or terminate the Rentcheck service for any reason, without notice at any time.

    2. We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.

    3. We reserve the right to refuse service to anyone for any reason at any time.

    4. We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users.

    5. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.

    6. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.

     

    Proprietary Rights in Content on Rentcheck

    1. Rentcheck does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Rentcheck Services. By displaying or publishing ("posting") any Content on or through the Rentcheck Services, you hereby grant to Rentcheck a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly ("private") will not be distributed outside the Rentcheck Services.

    2. Some of the Rentcheck Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Rentcheck may place such advertising and promotions on the Rentcheck Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

    3. You represent and warrant that: (i) you own the Content posted by you on or through the Rentcheck Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the Rentcheck Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the Rentcheck Services.

    4. The Rentcheck Services contain Content of Rentcheck ("Rentcheck Content"). Rentcheck Content is protected by copyright, trademark, patent, trade secret and other laws, and Rentcheck owns and retains all rights in the Rentcheck Content and the Rentcheck Services. Rentcheck hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Rentcheck Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Rentcheck Services.

    5. The Rentcheck Services contain Content of Users and other Rentcheck licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Rentcheck Services.

    6. Rentcheck performs technical functions necessary to offer the Rentcheck Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Rentcheck Services.

    7. Although the Site and other Rentcheck Services are normally available, there will be occasions when the Site or other Rentcheck Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Rentcheck. Also, although Rentcheck will normally only delete Content that violates this Agreement, Rentcheck reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by Rentcheck in order to comply with certain legal obligations and is not retrievable without a valid court order. Rentcheck will not be liable to you for any modification, suspension, or discontinuation of the Rentcheck Services, or the loss of any Content.

     

    Disclaimer

    THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTIES OF ANY KIND. NEITHER WE NOR OUR SUPPLIERS WARRANT OR GUARANTEE UPTIME OR AVAILABILITY OF THE SERVICE, THAT THE SERVICE WILL MEET OR CONTINUE IN THE FUTURE TO MEET YOUR NEEDS, OR THAT WE WILL CONTINUE TO PROVIDE THE SERVICE OR ANY ASPECT OF THE SERVICE IN THE FUTURE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES RELATING TO THE SERVICES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT WE WILL NOT BE LIABLE OR RESPONSIBLE FOR LOST PROFITS, REVENUES OR DATA, FINANCIAL LOSSES, OR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND. TO THE EXTENT THAT THE FOREGOING IS NOT FULLY ENFORCED, TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU OR OTHERS FOR ANY CLAIM RELATING TO THE SERVICES OR THESE TERMS OF USE, INCLUDING ANY CLAIM FOR ANY IMPLIED WARRANTY, IS LIMITED TO THE AMOUNT YOU PAID TO US TO USE THE SERVICES OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

    Disputes

    You agree that any claim or dispute arising out of or relating in any way to your use of the Services or any service provided by Rentcheck, will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. The laws of the State of Louisiana shall govern this Agreement, and shall be used in any arbitration proceeding.

    There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.

    To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our address below.

    Arbitration under this Agreement will be conducted by the American Arbitration Association (AAA) under its rules then in effect. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

    You and Rentcheck agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both you and Rentcheck agree that parties have each waived any right to a jury trial.

    Notwithstanding the foregoing, you agree that Rentcheck may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights.

    To the extent arbitration does not apply, you agree that any dispute arising out of or relating to the Services, or to Rentcheck, may only be brought by you in a state or federal court located in New Orleans, Louisiana. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN LOUISIANA.

    General

    If any part of this Agreement is held to be invalid or enforceable, the rest of the Agreement will still apply.

    Rentcheck accepts legal notices at the following address:

    Imperent LLC
    2920 Annunciation Street
    New Orleans, LA 70115