Terms of Service

IMPORTANT NOTICE

THESE TERMS INCLUDE A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT ANY DISPUTE RELATED TO YOUR OR YOUR ORGANIZATION’S USE OF RENTSPREE MUST BE RESOLVED THROUGH BINDING ARBITRATION—NOT IN COURT.

ADDITIONALLY, BY AGREEING TO THESE TERMS, YOU WAIVE THE RIGHT TO A JURY TRIAL AND AGREE NOT TO PARTICIPATE IN ANY CLASS ACTION LAWSUITS.

These Terms consist of two parts:

1. General Terms of Service, and
   
2. Additional Specific Terms applicable to Landlords, Real Estate Professionals, and Property Managers.
   

PART 1. GENERAL TERMS OF SERVICE

‍RENTSPREE AND USE OF OUR PLATFORM AND SERVICES

RentSpree, Inc. (“RentSpree,” “we,” “us,” or “our”) provides a digital platform (“Platform”) designed to connect landlords, their representatives, real estate brokers, property managers, sub-lessors, renters, and prospective renters to facilitate the discovery and exchange of rental property information and, where applicable, the coordination of related transactions.

These Terms of Service (“Terms”) govern your use of the Platform and all associated content, products, and services made available through it, regardless of how you access them (collectively, the “Services”).

By accessing or using the Platform or Services, you agree to comply with and be legally bound by these Terms and all applicable RentSpree policies, including our Privacy Policy. Your continued use of the Services constitutes acceptance of any updates or changes to these Terms.

Certain features—such as RentSpree PRO or Rent and Security Deposit Payment Services—may be governed by additional terms (“Supplemental Terms”). You will be required to accept any applicable Supplemental Terms at the time you sign up for those services. In the event of any conflict between these Terms and the Supplemental Terms, the Supplemental Terms will take precedence with respect to the relevant service.

If you do not agree to these Terms, you may not access or use the Platform or Services.

If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity—and all individuals who will access the Services through your account—to these Terms. If you do not have such authority, or are uncertain whether you do, you may not accept these Terms or use the Platform or Services.

These Terms constitute a binding agreement between you and RentSpree, whether or not you create an account or register with us. The terms “you” and “your” refer to the individual using the Platform or Services, or the entity on whose behalf that individual is acting.

User Conduct and Acceptable Use‍

RentSpree is committed to providing a positive experience for all users of its Platform and Services. By using the Platform or Services, you agree to use them solely for their intended purposes and represent and warrant that you will not misuse them in any way.

Specifically, you agree not to—and represent and warrant that you will not—engage in any of the following activities:

Unauthorized Use or Distribution‍

(a) License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit the Platform or Services, or make them available to any third party, except as expressly permitted in writing by RentSpree.

Intellectual Property Violations‍

(b) Modify, adapt, or create derivative works based on the Platform or Services.
(c) Reverse engineer, decompile, or otherwise attempt to extract source code from any software related to the Platform or Services.
(d) Copy or reproduce any ideas, features, functions, or graphics from the Platform or Services.
(e) Build or attempt to build a competing product or service using similar concepts, features, or design elements.

Improper Access or Disruption‍

(f) Access the Platform or Services for purposes of benchmarking or competitive analysis.
(g) Interfere with or disrupt the integrity, performance, or functionality of the Platform or Services, including through denial-of-service (DDoS) attacks.
(h) Attempt to gain unauthorized access to the Platform, Services, or related systems or networks, including via hacking, phishing, cracking, or injecting malicious code.

‍Malicious or Illegal Content‍

(i) Send, store, or upload any unlawful, obscene, defamatory, threatening, infringing, or otherwise objectionable material.
(j) Upload or transmit any viruses, worms, malware, Trojan horses, spam, or other harmful or malicious code.

Excessive or Abusive Use‍

(k) Use the Platform or Services in a way that exceeds reasonable usage, constitutes abuse, or violates RentSpree’s documentation or policies, as determined solely by RentSpree.
(l) Use high-volume or automated methods (e.g., robots, spiders, scripts) to access or harvest data from the Platform or Services.

Legal and Ethical Compliance‍

(m) Use the Platform or Services in violation of any applicable laws or regulations.
(n) Misappropriate, infringe, or violate the intellectual property or proprietary rights of any third party.(o) Engage in any conduct that, in RentSpree’s sole judgment, harms RentSpree’s reputation or undermines the intended purpose of the Platform or Services.RentSpree reserves the right to take appropriate action, including suspension or termination of access, in response to any violations of these terms.

Intellectual Property Rights and Use of Data

When we refer to “Intellectual Property Rights” we are referring  to all legal rights related to creations of the mind, including:

• Inventions and patent rights (including patent applications),
• Design rights,
• Copyrights,
• Trademarks, service marks, trade names and domain names,
• Mask work rights,
• Know-how and trade secrets, and
• Any other similar proprietary rights, whether registered or unregistered.

This also includes all derivative rights, renewals and any equivalent forms of protection available globally.

Use of Personal and Analytical Data. By using the Platform and Services, you acknowledge and agree that RentSpree may collect, use, and store your personal information in order to:

• Provide and improve your access to the Platform and Services, and
• Develop tools for analytical and statistical purposes using the data we collect (defined below as “Analytical Data”).

You expressly authorize RentSpree to use the Analytical Data for any commercial purposes. This includes, without limitation, sharing or selling the Analytical Data to third parties, as detailed in our Privacy Policy.

Compliance with Applicable Laws. Laws, regulations, and policies governing the use of background screening reports—including credit, criminal, employment and eviction records—vary across states, cities and other jurisdictions. You agree and acknowledge that it is your sole responsibility to use the Platform and Services in compliance with all applicable laws, regulations and policies.

You further represent and warrant that your use of the Platform and Services, particularly in connection with any marketing activities, will fully comply with all applicable federal and state laws. This includes, but is not limited to:

• The CAN-SPAM Act
• The Telephone Consumer Protection Act (TCPA)
• The California Consumer Privacy Act (CCPA)
• The California Privacy Rights Act (CPRA)
• The Connecticut Data Privacy Act
• The Utah Consumer Privacy Act
• The Colorado Privacy Act
• The Virginia Consumer Data Protection Act
• And any other laws governing marketing via email, text messaging (SMS/MMS), direct mail, or other channels (collectively, “Marketing Laws”).

Content Moderation. RentSpree reserves the right, but is under no obligation, to review, edit, screen, or refuse to post any content on the Platform or Services at its sole discretion, provided such actions are not prohibited by law.

Termination of Access. RentSpree may, at any time and for any reason, with or without cause or prior notice, suspend or terminate your access to all or any portion of the Platform and/or Services.

If you wish to close your RentSpree account, please contact us at [email protected].

Whether termination is initiated by you or RentSpree, it is solely your responsibility to extract, download or otherwise preserve any content or data associated with your account before termination occurs. Upon termination, all access to your account and related content will be permanently lost.

System Requirements and User Responsibility.  Certain features of the Platform and Services may only be available on devices that meet specific system or compatibility requirements, which may change over time. For the most current technical specifications and supported devices, please visit our Support Center.

You are solely responsible for providing and maintaining all hardware, software, internet connectivity and other services required to access and use the Platform and Services.

MODIFICATIONS TO THESE TERMS‍

RentSpree reserves the right, at its sole discretion, to update, modify, or replace any portion of these Terms at any time. When material changes are made, RentSpree will make reasonable efforts to provide notice to users.

Your continued use of or access to the Platform or Services after any changes are posted constitutes your acceptance of the updated Terms.

Additionally, RentSpree may introduce new features, functionalities, or services from time to time. Unless otherwise specified, such additions will be governed by these Terms.

PERSONAL INFORMATION, DATA, RIGHTS, CONFIDENTIALITY AND OTHER TERMS‍

Collection and Use of Personal Information.  Any personal information you provide to RentSpree, or that we collect from you, is subject to our Privacy Policy, which you acknowledge and accept.

If you provide personal information about third parties to RentSpree (“User-Provided Personal Information”), you represent and warrant that:

• You have collected such information in full compliance with all applicable privacy, data protection and related laws and regulations (“Data Protection Legislation”).
• You have provided all required notices and obtained all necessary consents to share that information with RentSpree for the purpose of delivering the Platform and Services and for any other uses described in these Terms.
  

You further agree not to direct or permit RentSpree to use any User-Provided Personal Information in violation of applicable Data Protection Legislation.

Use of Personal Information Provided by RentSpree.  If RentSpree provides you with personal information about individuals through the Platform or Services, you agree to:

• Use such information solely in accordance with these Terms and only for your use of the Platform and Services.
• Comply with all applicable Data Protection Legislation, including but not limited to the CAN-SPAM Act, the TCPA, CCPA, CPRA and similar federal and state privacy laws governing marketing and data security practices (“Marketing Laws”).

You may not:

• Sell or share such personal information.
• Retain, use, or disclose such information for any purpose not authorized in these Terms.
• Combine such information with other personal data you have collected directly from the individual.

Data Privacy Safeguards and Security. You grant RentSpree the right to take reasonable and appropriate steps to ensure that your use of personal information aligns with RentSpree’s legal obligations under applicable Data Protection Legislation.

You must:

• Notify RentSpree in writing immediately if you determine that you can no longer meet your legal obligations.
• Allow RentSpree to take reasonable steps to stop and remediate any unauthorized use of personal information.
• Ensure that all personnel, including employees and subcontractors, who process personal information are subject to binding confidentiality obligations.

Security Breach Notification. If you become aware of any security breach or data breach (as defined under applicable Data Protection Legislation) involving personal information, you must:

• Notify RentSpree in writing within 24 hours of becoming aware of the breach.
• Take all necessary and appropriate corrective actions.
• Fully cooperate with RentSpree in efforts to prevent, mitigate, or remedy the breach.

Cooperation and Compliance. You agree to:

• Provide RentSpree with all information, technical support and assistance necessary to comply with this Section.
• Cooperate at your own expense with RentSpree in responding to any individual rights requests under Data Protection Legislation. This includes, but is not limited to:
  
  • Access requests.
    
  • Requests to know, correct or delete data.
    
  • Opt-out requests for sale or targeted advertising.
    
  • Requests for data portability in a usable format.

At RentSpree’s request, you must promptly delete an individual’s personal information from your records. If deletion is not immediately feasible under applicable law, you must:

• Inform RentSpree of the reason for the delay;
• Take reasonable measures to safeguard the information; and
• Delete the information as soon as the reason for delay no longer applies.
  

You must also cooperate with RentSpree in responding to any third-party complaint, request, or inquiry related to personal information. If you receive such a request, you must:

• Notify RentSpree within 12 hours at [email protected].
• Refrain from responding or disclosing any personal information without RentSpree’s written consent.
• Retain and preserve personal information in accordance with RentSpree’s instructions, including any litigation hold orders or retention schedules.
  

Resultant and Analytical Data.  RentSpree may monitor, collect, and aggregate data related to the performance and usage of the Platform and Services (“Resultant Data”). We may use Resultant Data to:

• Improve and enhance our services and technology;
• Conduct diagnostics, development, and troubleshooting;
• Share de-identified or aggregated data with third parties.
  

We may also collect, store, and use your personal information for analytical purposes related to your use of the Platform and Services (“Analytical Data”). You expressly authorize RentSpree to use Analytical Data for any commercial purposes, including the sale or sharing of such data with third parties, as described in our Privacy Policy and to the extent permitted by law.

Opt-Out: You may opt out of the sale or sharing of your personal information included in Analytical Data by using the opt-out link on our homepage or by emailing [email protected].

Use of Cookies.  When you access the Platform or Services, we may store or retrieve data on your device, primarily through the use of cookies. For more information about our use of cookies and your related options, please refer to our Privacy Policy.

Trademarks; Ownership.  The RentSpree name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks—whether registered or unregistered—of RentSpree. These marks may not be used in connection with any product or service that is not offered by RentSpree, nor in any way that is likely to cause confusion, or that discredits or disparages RentSpree.

All rights, title, and interest in and to the Platform and Services, including but not limited to all content, data, text, images, video, sound, music, designs, compilations, formats, algorithms, software, documentation, and methodologies (collectively, “Platform Content”), are owned by RentSpree or its licensors and protected under U.S. and international intellectual property laws. Unless expressly stated in these Terms, no rights are granted to you in or to the Platform, Services, or Platform Content, and no warranty of title is provided.

If you provide suggestions, recommendations, or other feedback about the Platform or Services (“Feedback”), you agree that such Feedback is provided voluntarily and will not be treated as confidential. RentSpree is free to use, disclose, reproduce, license, distribute, and exploit the Feedback without obligation or restriction of any kind, including with respect to any intellectual property rights.

Subject to your compliance with these Terms, RentSpree grants you a limited, revocable non-exclusive license to access and use the Platform and Services, including downloading or printing Platform Content in reasonable, limited quantities solely for your authorized use. You may not:

• Modify Platform Content in any way.
• Remove or alter any copyright, trademark or proprietary notices.
• Use Platform Content for any commercial purposes outside the scope of the Services.

Any unauthorized use or exploitation of the Platform, Services or Platform Content will result in the immediate termination of your access rights, and you may be required to return or destroy any copies made. No rights or licenses are granted except as expressly stated herein.

Confidentiality.  The Platform, Services and all associated databases, software, systems, APIs, processes, documentation, screen/report formats, and related information—including your User ID but excluding your account information—constitute the confidential and proprietary information of RentSpree (“Confidential Information”).

You agree to:

• Maintain the confidentiality of all Confidential Information using at least the same level of care you use to protect your own confidential materials (but no less than reasonable care).
• Not disclose, distribute, sell, or publish any Confidential Information to third parties, unless expressly authorized by RentSpree.
• Use Confidential Information solely for the purposes for which it was provided.
  

This confidentiality obligation does not apply to information that is public or required by law to be disclosed.

Representations & Warranties. You represent and warrant that (a) you have all right, power and authority to enter into and comply with these Terms, (b) you will not violate any other agreement to which you are a party in connection with these Terms, (c) these Terms constitutes a legal, valid and binding obligation, (d) your use of the Platform and Services will be in strict conformity with the Privacy Policy, these Terms and with all applicable federal, state, city and municipal laws and regulations (including, without limitation, FCRA, FHA, laws and regulations regarding online conduct and acceptable content), (e) any information you provide to the Platform or Services is accurate and complete (and if that information becomes inaccurate or incomplete you agree to update that information), (f) if you create a user account you will be solely responsible for safeguarding the password and will be solely responsible for all use of that account, (g) your use of the Services will not infringe or misappropriate the Intellectual Property Rights of any third party, (h) you are over eighteen (18) years old (our Platform and Services are intended solely for use by, and may only be used by individuals eighteen (18) years of age or older), and (i) if you are a real estate broker, agent or property manager, you have all rights and licenses necessary to provide those services.

DISCLAIMER, LIABILITY.  RENTSPREE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE PLATFORM OR SERVICES FOR ANY PURPOSE OR THAT YOU WILL BE ABLE TO ACCESS OR USE THE PLATFORM OR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOICE. YOU ACKNOWLEDGE AND AGREE THAT THE PLATFORM, SERVICES AND PLATFORM CONTENT ARE PROVIDED "AS IS'' AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND REPRESENTATIONS WITH RESPECT THERETO, OR OTHERWISE WITH RESPECT TO THESE TERMS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT ANY WARRANTIES CANNOT BE WAIVED UNDER APPLICABLE LAW, AND WE FURTHER DISCLAIM ANY WARRANTY THAT THE PLATFORM OR SERVICES WILL BE ERROR FREE, ACCURATE, ADEQUATE, DEFECT FREE, VIRUS FREE, COMPLETE, TIMELY, POSSESS ADEQUATE SECURITY OR BE PROVIDED WITHOUT INTERRUPTION. YOU AGREE THAT RENTSPREE IS NOT AND WILL NOT BE HELD BY YOU TO BE IN ANY WAY LIABLE FOR ANY LOSSES, COSTS, DAMAGES OR LIABILITIES OF ANY KIND RESULTING FROM YOUR USE OR ACCESS OF THE PLATFORM OR SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING AND ACCESSING THE PLATFORM AND SERVICES (AS WELL AS ANY THIRD PARTY PRODUCTS AND SERVICES PROVIDED IN CONNECTION WITH THE PLATFORM AND SERVICES OR OTHERWISE BY RENTSPREE) AT YOUR OWN RISK, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN CONNECTION WITH THESE TERMS, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, SECURITY BREACHES OR SYSTEM FAILURE. YOU ACKNOWLEDGE AND AGREE THAT CERTAIN RISKS ARE INHERENT IN THE TRANSMISSION OF CONTENT AND PROVISION OF SERVICES THROUGH THE INTERNET AND THAT THESE RISKS CANNOT AND ARE NOT ELIMINATED DESPITE THE MEASURES WE USE TO MAINTAIN THE SECURITY OF THE PLATFORM OR SERVICES.  IN LIGHT OF THESE INHERENT RISKS, WE MAKE NO REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT THAT OUR SECURITY MEASURES WILL BE EFFECTIVE OR ADEQUATE. IN NO EVENT WILL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO THOSE ARISING FROM LOSS OF USE, DATA, WORKS, OR PROFITS ARISING OUT OF OR RELATING TO THE PLATFORM, SERVICES OR PLATFORM CONTENT OR INFORMATION ACCESSED THROUGH THE PLATFORM OR SERVICES, WHETHER OR NOT WE WERE ADVISED OF OR WERE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER OF LIABILITY IS EFFECTIVE WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER THEORY. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS ITS ESSENTIAL PURPOSE.

SUBJECT TO APPLICABLE LAW, RENTSPREE’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM OR SERVICES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).

Jurisdictional Exceptions and Force Majeure.  Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. As such, the above disclaimers and limitations may not apply to you in whole or in part.

To the extent that applicable law prohibits RentSpree from disclaiming any implied warranty or limiting liability as set forth in these Terms, the scope and duration of any such warranty and the extent of RentSpree’s liability will be the minimum allowed by applicable law.

Without limiting the foregoing, RentSpree will not be liable for any delay or failure in performance due to causes beyond its reasonable control. These causes may include, but are not limited to:

• Acts of God or natural disasters (e.g., floods, earthquakes, storms, fires, pandemics).
• Internet outages or failures in computer or telecommunications equipment.
• Power failures or utility disruptions.
• Strikes, labor disputes, or shortages of labor or materials.
• Civil unrest, insurrections, riots, or war.
• Acts or orders of any governmental authority, court, or tribunal (foreign or domestic).
• Failures or non-performance by third parties.

Such events, collectively referred to as force majeure events, will relieve RentSpree from its obligations under these Terms to the extent affected by the event.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTION TITLED “DISCLAIMER, LIABILITY” IS INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF NEW JERSEY.  IF ANY PORTION OF THESE TERMS IS HELD TO BE INVALID UNDER THE LAWS OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTION.

Indemnification.  You agree to defend, indemnify and hold RentSpree harmless from and against any claims, actions, demands or damages, including, without limitation, reasonable attorneys’ fees, arising out of or resulting from (a) your breach of these Terms, (b) your misuse of the Platform, Services or Platform Content, (c) your negligence, errors or omissions, recklessness or intentional misconduct, (d) your violation of applicable law, and/or (e) your interaction with third parties through the Platform or Services. RentSpree will give you notice of any such claim, suit or proceeding. We reserve the right to assume exclusive defense and control of any matter that is subject to indemnification under this Section. In such event, you agree to cooperate with any reasonable request assisting RentSpree’s defense of such matter.

Compliance with Law. You are solely responsible for ensuring that your use of and access to the Platform and Services complies with all applicable federal, state, local, and international laws, regulations, ordinances, and governmental requirements, including but not limited to:

Export Control Laws: You agree to comply with all U.S. laws and regulations governing the export and re-export of software, technical data, and related materials. This includes compliance with restrictions on export from the U.S. and re-export from other jurisdictions.

You represent and warrant that you are not listed on any U.S. government denied-party list (including the Entity List, Denied Persons List, or the Treasury Department’s list of Specially Designated Nationals).

You further agree not to use or permit others to use the Platform or Services in any U.S.-embargoed country or in any manner that would violate U.S. export laws or regulations.

Fair Housing Laws: Federal, state and local fair housing laws prohibit discrimination—including in advertising—based on race, color, religion, sex, disability (physical or mental), familial status, sexual orientation, ancestry, marital status, or source of income.  You agree that you will fully comply with all applicable fair housing laws.  You may not use the Platform or Services—or any information obtained through them—to engage in discriminatory practices or otherwise violate any fair housing regulations.

By using the Platform and Services, you represent and warrant that your conduct will remain in strict compliance with all applicable legal obligations.

Severability. To the fullest extent permitted by law, you hereby release and discharge RentSpree, its affiliates, officers, directors, employees, agents, and representatives from any and all claims, demands, losses, damages, liabilities, rights, and causes of action—whether known or unknown—arising out of or in any way related to your use of the Platform or Services. This release expressly includes, without limitation, claims involving personal injury, death, or property damage.

Release. To the fullest extent permitted by law, you hereby irrevocably release and discharge RentSpree, its affiliates, officers, directors, employees, agents, and representatives from any and all claims, demands, losses, damages, rights, and causes of action of any kind—whether known or unknown, suspected or unsuspected—arising out of or in any way related to your access to or use of the Platform or Services. This includes, without limitation, claims involving personal injuries, death, or property damage, whether caused by RentSpree or a third party.

If you are a California resident, you specifically waive the protections of California Civil Code Section 1542, which provides:

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

This release is intended to be as broad and inclusive as permitted by applicable law. However, nothing in this section shall be construed to waive or limit any rights or claims that cannot be legally waived under applicable law.

Entire Agreement. These Terms—together with RentSpree’s Privacy Policy, any applicable Supplemental Terms, and any other policies or terms referenced herein—constitute the entire agreement between you and RentSpree with respect to your use of the Platform and Services. They supersede all prior or contemporaneous understandings, agreements, negotiations, discussions, or communications, whether oral or written, between you and RentSpree concerning the subject matter herein.  No amendment or modification to these Terms will be valid or binding unless it is made in writing and signed by both you and RentSpree.

Waiver. No waiver by RentSpree of any term, condition, or breach of these Terms will be deemed a further or continuing waiver of such term or condition or of any other breach. Any failure by RentSpree to enforce any right or provision under these Terms will not constitute a waiver of such right or provision.

Relationship of the Parties. Nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship between you and RentSpree. You acknowledge and agree that you are acting solely as an independent user of the Platform and Services.

Assignment. You may not assign or transfer these Terms or any of your rights or obligations under them without prior written consent from RentSpree. RentSpree may freely assign or transfer these Terms—including all rights and obligations—without notice or your consent, whether by operation of law or otherwise, including but not limited to in connection with a merger, acquisition, corporate restructuring, or sale of assets.

Survival. Any provisions of these Terms that, by their nature, should survive termination will remain in full force and effect after your access to the Platform or Services ends. These include, but are not limited to, provisions relating to:

• Ownership rights
• Disclaimers of warranties
• Indemnification
• Limitation of liability
• Dispute resolution
• Confidentiality

Linked Sites. The Platform and Services may include links to, or may redirect you to, third-party websites, services, or content (“Linked Sites”) that are not owned, controlled, or operated by RentSpree.

You acknowledge and agree that:

• RentSpree does not endorse, sponsor, or assume responsibility for any Linked Site, including its content, policies, practices, availability, or performance.
• RentSpree is not liable for any damages, losses, failures, or issues caused by or related to your use of any Linked Site.
• Your interactions with Linked Sites—including purchases, payments, and any contractual terms or representations—are solely between you and the third-party provider.

We strongly encourage you to review the terms of service and privacy policies of any Linked Site before engaging with it. You use all Linked Sites and third-party services at your own risk, and RentSpree expressly disclaims any liability arising from their use, including where third-party services seek to access, collect, or retain your personal information.

Questions, Complaints, and Claims. If you have questions, concerns, or complaints regarding the Platform or Services, please contact us at: [email protected].

We will make every reasonable effort to address your concerns. If you believe your issue has not been fully resolved, we welcome follow-up communications for further investigation.  In accordance with California Civil Code §1789.3, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at:

Address: 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834
Phone: (800) 952-5210

Digital Millennium Copyright Act (DMCA) Compliance. RentSpree complies with the provisions of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. §512, as amended. If you believe that content available on the Platform infringes your intellectual property rights, please submit a written notice to RentSpree’s designated DMCA Agent at:

DMCA Agent
RentSpree, Inc.
400 University St, Seattle, WA 98101
[email protected]

Your notice must include all of the following information to be effective:

1. A physical or electronic signature of the person authorized to act on behalf of the copyright or intellectual property rights owner.
2. A description of the copyrighted work or other protected material you believe has been infringed.
3. A description of the material you claim is infringing, along with its location on the Platform.
4. Your contact information, including name, address, telephone number, and email address.
5. A statement by you that you have a good faith belief that the use of the material is not authorized by the rights holder, their agent, or the law.
6. A statement that the information in your notice is accurate and, under penalty of perjury, that you are the rights owner or are authorized to act on their behalf.

Counter Notice. If your content has been removed or access to it has been disabled in response to a DMCA notice, you may submit a counter notification pursuant to 17 U.S.C. §512(g). This counter notice must be sent in writing to the DMCA Agent (see contact above) and must include the following:

1. Your physical or electronic signature.
2. Identification of the material that was removed or disabled, including its prior location on the Platform.
3. A statement under penalty of perjury that you believe in good faith that the material was removed or disabled as a result of mistake or misidentification.
4. Your name, address, telephone number, and email address.
5. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district where your address is located (or, if you are located outside the U.S., any judicial district where RentSpree may be found), and that you will accept service of process from the person who submitted the original DMCA notice or their agent.

Communications. By using the Platform and Services, you consent to receive communications from RentSpree, including transactional and marketing communications, such as:

• Newsletters
• Feature updates
• Special offers
• Promotional announcements
• Customer surveys

These communications may be sent to your registered email address or through other contact methods. You may opt out of receiving marketing communications at any time by:

• Clicking the unsubscribe link in the email, or
• Contacting us at [email protected].

For more information, please review our Privacy Policy.

Electronic Signatures and Communications. By accessing or using our Services, you consent to the use of electronic signatures and to receive all agreements, notices, disclosures, and other communications electronically, as permitted by the Electronic Signatures in Global and National Commerce Act (ESIGN Act).  Your electronic signature has the same legal effect as a handwritten signature. You agree that we may provide required documents electronically via our website, email, or other digital means. You must have internet access and a supported browser to view and retain these records. You may withdraw your consent or request paper copies by contacting us at [email protected]. Withdrawal may affect your ability to use our services.

International Users. The Platform and Services may be accessed from outside the United States and may reference products or services that are not available in your country. Such references do not imply that RentSpree intends to offer or make such services available in any specific jurisdiction outside the U.S.

RentSpree makes no representations or warranties that the Platform or Services are appropriate or available for use in locations outside the U.S. If you choose to access or use the Platform or Services from outside the United States, you do so at your own initiative and are solely responsible for compliance with all applicable local laws and regulations.

DISPUTE RESOLUTION ‍

IMPORTANT NOTICE – MANDATORY ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS A BINDING AGREEMENT TO MANDATORY ARBITRATION, WHICH REQUIRES YOU TO RESOLVE ANY DISPUTE RELATED TO THESE TERMS OR YOUR USE OF THE RENTSPREE PLATFORM AND SERVICES THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN THROUGH A COURT PROCEEDING—UNLESS YOU HAVE OPTED OUT AS DESCRIBED BELOW.

THIS SECTION ALSO INCLUDES A WAIVER OF YOUR RIGHT TO A JURY TRIAL AND A PROHIBITION ON PARTICIPATING IN CLASS ACTIONS OR CLASS-WIDE ARBITRATION.

FOR PURPOSES OF THIS PROVISION, THE TERM “DISPUTE” INCLUDES ANY CLAIMS, CAUSES OF ACTION, OR CONTROVERSIES—WHETHER BASED IN CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY—ARISING OUT OF OR RELATING TO:

• THESE TERMS.
• THE RENTSPREE PLATFORM.
• THE SERVICES PROVIDED BY RENTSPREE.

Our goal is to resolve Disputes fairly and quickly. Accordingly, before submitting a claim for arbitration in accordance with this Dispute Resolution provision, you and we agree to try, for thirty (30) days, to resolve any Dispute informally. Any party wishing to bring a claim agrees to provide a notice of the Dispute to the other party, which will include the sender’s name, address and contact information, the facts giving rise to the Dispute, and the relief requested. The notice will be an individualized claim specific to the individual bringing the claim. Any notice to us must be sent to [email protected]. Any notice sent to you will be sent to the most recent email we have for you in our records. To minimize the cost and inconvenience to all parties, and to promote prompt resolution of Disputes, you and we agree that engaging in this initial dispute resolution process is a material term of these Terms and a requirement that must be fulfilled before commencing any arbitration or other legal proceeding. You and we agree to act in good faith to resolve the Dispute before commencing arbitration or other legal proceeding in accordance with this paragraph.

IF YOU AND RENTSPREE  CANNOT REACH AN AGREEMENT TO RESOLVE THE DISPUTE WITHIN THIRTY (30) DAYS AFTER SUCH NOTICE IS RECEIVED, THEN ANY DISPUTE WILL BE DETERMINED BY BINDING ARBITRATION IN LOS ANGELES, CALIFORNIA BEFORE A SINGLE ARBITRATOR. THE ARBITRATION WILL BE ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICE, INC. (JAMS) PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES, PROVIDED THAT THE JAMS STREAMLINED ARBITRATION RULES AND PROCEDURES WILL APPLY TO DISPUTES WHERE THE AMOUNT IN CONTROVERSY IS LESS THAN $50,000. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS SECTION WILL NOT PRECLUDE EITHER PARTY FROM SEEKING PROVISIONAL REMEDIES (INCLUDING BUT NOT LIMITED TO INJUNCTIVE RELIEF) IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. THE PARTIES WILL MAINTAIN THE CONFIDENTIAL NATURE OF THE ARBITRATION PROCEEDING AND THE AWARD, INCLUDING THE HEARING, EXCEPT AS MAY BE NECESSARY TO PREPARE FOR OR CONDUCT THE ARBITRATION HEARING ON THE MERITS OR AS MAY BE NECESSARY IN CONNECTION WITH A COURT APPLICATION FOR A PRELIMINARY REMEDY, A JUDICIAL CHALLENGE TO AN AWARD OR ITS ENFORCEMENT OR UNLESS OTHERWISE REQUIRED BY LAW OR JUDICIAL DECISION.  PAYMENT OF ALL FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY JAMS’ RULES.

If either party contends that the amount of a claim in a Dispute is within the jurisdiction of the small claims court (or an equivalent court), it may instruct the arbitrator to administratively close the arbitration case and direct that the claim be filed, if at all, in small claims court.  Upon such a request by a party, the arbitrator will administratively close the arbitration proceeding. Any dispute about whether a claim qualifies for small claims court will be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding will remain closed unless and until a decision by the small claims court that it lacks jurisdiction over the action.  Only in the event that the small claims court determines that it lacks jurisdiction over the Dispute may the arbitrator reopen the arbitration case.

The parties will bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or RentSpree need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action will have the right to collect from the other party its reasonable costs, necessary disbursements and reasonable attorneys' fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees.

Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and RentSpree agree that if there are one hundred (100) or more individual Disputes of a substantially similar nature filed against RentSpree by or with the assistance of the same law firm, group of law firms or organizations, within a thirty (30) day period (or as soon as possible thereafter), JAMS will (a) administer the arbitration demands in batches of one hundred (100) Disputes per batch (plus, to the extent there are less than one hundred (100) Disputes left over after the batching described above, a final batch consisting of the remaining Disputes), (b) appoint one arbitrator for each batch, and (c) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator and one final award (“Batch Arbitration”).

All parties agree that Disputes are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party will advise JAMS, and JAMS will appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. RentSpree will pay the Administrative Arbitrator’s fees.

You and RentSpree agree to cooperate in good faith with JAMS to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Disputes, as well as any steps to minimize the time and costs of arbitration, which may include (a) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes, and (b) the adoption of an expedited calendar of the arbitration proceedings.

This Batch Arbitration provision will in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

CLASS ACTION AND MASS ACTION  WAIVER AND JURY TRIAL WAIVER.  YOU AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR PROCEEDING.  UNLESS BOTH YOU AND WE AGREE OTHERWISE IN WRITING, AND EXCEPT AS PROVIDED IN THE BATCH ARBITRATION SECTION ABOVE, THIS DISPUTE RESOLUTION PROVISION WILL PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, MASS AND/OR REPRESENTATIVE ACTION AGAINST RENTSPREE, AND ALSO WILL PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF IN ANY CURRENT OR FUTURE CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, MASS AND/OR REPRESENTATIVE ACTION BROUGHT AGAINST RENTSPREE BY SOMEONE ELSE. EXCEPT AS SET FORTH IN THE BATCH ARBITRATION SECTION ABOVE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. EXCEPT AS SET FORTH IN THE BATCH ARBITRATION PARAGRAPH ABOVE, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) AVAILABLE IN AN INDIVIDUAL LAWSUIT ONLY.

IF A DISPUTE IS ARBITRATED, THE PARTIES WAIVE THEIR RIGHT TO RESOLVE THE DISPUTE IN COURT BEFORE A JUDGE OR A JURY. IF FOR ANY REASON A DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS, ANY OTHER AGREEMENT YOU HAVE WITH RENTSPREE OR THE RELATIONSHIP BETWEEN YOU AND US PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND RENTSPREE EACH WAIVE ANY RIGHT TO A JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

30-DAY OPT-OUT RIGHT. NOTWITHSTANDING THE FOREGOING, IF YOU ARE AN INDIVIDUAL CONSUMER USING THE PLATFORM OR SERVICES, YOU MAY OPT OUT OF ARBITRATION AND PURSUE YOUR DISPUTE IN COURT. TO OPT OUT OF ARBITRATION YOU MUST WITHIN THIRTY (30) DAYS OF YOUR FIRST USE OF THE PLATFORM OR SERVICES (THE “OPT-OUT DEADLINE”) EMAIL US AT [email protected] WITH THE SUBJECT LINE “ARBITRATION OPT-OUT”. ANY ARBITRATION OPT-OUT NOTICE RECEIVED AFTER THE OPT-OUT DEADLINE WILL BE INVALID AND YOU MUST PURSUE YOUR DISPUTE IN ARBITRATION OR SMALL CLAIMS COURT. IF YOU DO NOT OPT OUT WITHIN THIRTY (30) DAYS FROM THE DATE YOU FIRST USE THE PLATFORM OR SERVICE, THE ARBITRATION PROVISION IN THIS DISPUTE RESOLUTION PROVISION WILL BE PART OF ALL OTHER AGREEMENTS YOU HAVE WITH RENTSPREE NOW OR IN THE FUTURE.

SURVIVAL, CONFLICT, SEVERANCE. This Dispute Resolution section will survive the termination of any agreement you have with RentSpree and any bankruptcy. In the event of any conflict or inconsistency between this Dispute Resolution section on the one hand, and an administrator’s rules or other agreement you have with RentSpree, on the other hand, this Dispute Resolution section will govern. If any part of this Dispute Resolution section is found to be invalid or unenforceable, then that specific part will be severed, and the rest of this Dispute Resolution section will continue in full force and effect, except that at either your or our election the entire Dispute Resolution section (other than this sentence) may be null and void with respect to any claim asserted on a class, representative or multiple-party basis that does not seek public injunctive relief if the Class and Mass Action Waiver is held to be invalid with respect to such claim and that determination becomes final after all appeals have been exhausted. If a court decides by means of a final decision, not subject to any further appeal or recourse, that the Class and Mass Action Waiver is invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), that particular claim or request for relief (and only that particular claim or request for relief) will be severed from the arbitration and may be litigated in state or federal court. All other disputes will be arbitrated or litigated in small claims court.

Notice. RentSpree may give notice regarding operational aspects of the Platform or Services by means of a general notice on the Platform. Any other notice by you or RentSpree to the other hereunder will be by written communication sent by first class mail or reputable overnight delivery service and such notice will be deemed to have been given upon receipt (if sent by overnight delivery service), five (5) business days after mailing (if sent by first class mail). Notice to RentSpree will be addressed to RentSpree, Inc., 400 University St, Seattle, WA 98101, attention: Legal Department.

Judicial Forum for Legal Disputes. Unless you and RentSpree agree otherwise in writing, if you are not required to arbitrate a Dispute, you agree that any one or more Disputes that arise or may arise between you and RentSpree must be resolved exclusively by a state or federal court located in Los Angeles, California. You and RentSpree agree to submit to the personal jurisdiction of the courts located in Los Angeles, California, for the purpose of litigating all such Disputes.  In such a case you agree you may assert one or more Disputes against RentSpree only on an individual basis and not as a class member, class representative, private attorney general or any other consolidated basis.

Governing Law. The laws of the State of California, without regard to principles of conflict of laws, govern these Terms and any Dispute.

THE PLATFORM

User-Submitted Data. You are solely responsible for all data you upload, transmit or otherwise provide via the Platform and Services. By doing so, you represent and warrant that you have all necessary permissions and authority to submit such data. RentSpree is not liable for any data you provide and assumes no responsibility for making backups of your information. We reserve the right to immediately suspend or terminate your access to the Platform or Services if you submit data without proper authorization.

Background Reports. You may be able to request a background screening report on yourself through the Platform from a third-party consumer reporting agency. Additionally, landlords, real estate brokers, property managers, or their representatives may request your consent to obtain a background report from such an agency.

Important: RentSpree does not produce or perform background checks. RentSpree functions solely as a software platform that facilitates requests and transfers. All reports are compiled and delivered exclusively by independent consumer reporting agencies.

If you have questions or concerns about a background report, please contact the consumer reporting agency identified in the report or the landlord, broker, or property manager involved in your transaction. RentSpree has no control over, and cannot modify, any content in those reports.

RentSpree Charges, Third-Party Charges. RentSpree may assess certain fees for Services and you may be required to approve payment prior to receiving or accessing certain Services. You agree that, with your authorization, we may charge your payment method for applicable fees and you understand that, once charged, such fees are non-refundable regardless of whether you’re successful in obtaining a rental or whether a landlord, real estate broker or property manager, or their respective representatives reviews any applications or reports related to you. If RentSpree does not receive payment via the payment method associated with your RentSpree account, you agree to pay all amounts due upon demand directly to RentSpree, and RentSpree further reserves the right to either suspend or terminate your access to the Platform and Services in such circumstances.

You may also be asked to pay additional fees by a landlord, real estate broker or property manager, or any of their representatives. You understand that we do not control and are not responsible for any additional fees you may be asked or required to pay these third parties.

You acknowledge and agree that RentSpree is not a listing agent, real estate professional, credit reporting agency, law firm or brokerage agent and does not counsel parties to real estate rental transactions, assess the qualifications of potential tenants, physically show properties or negotiate rental leases. No brokerage relationship or any agency or fiduciary relationship is intended to be or will be deemed to have been created between RentSpree and any user of the Platform or Services.  You are advised to seek the help of a licensed real estate professional and/or a real estate attorney to help in the negotiation and completion of any real estate transaction.

PART 2. ADDITIONAL SPECIFIC TERMS APPLICABLE TO LANDLORDS, REAL ESTATE PROFESSIONALS, AND PROPERTY MANAGERS

‍Your Account. You are responsible for your RentSpree account and agree that you’ll only allow your designated representatives to access your account or use the Platform and Services. If you become aware of any unauthorized use of your account or the Platform or Services you must promptly report it to us. ‍

Fair Housing Law Compliance. Submissions to and use of the Platform and Services may be subject to federal, state and local fair housing laws, which generally make it illegal (including in advertising) to indicate any preference or limitation or to discriminate based on race, color, religion, sex, physical or mental disability, familial status (e.g., “No Children” or “Not Suitable for Children”), sexual orientation, national origin, ancestry, marital status or income source (e.g., “No Section 8"). You agree that you will comply with all housing laws.‍

You acknowledge and agree that you are solely responsible for your actions, processes and interactions with tenants, potential tenants, customers, clients and all other third parties. RentSpree does not provide legal advice, and nothing in the Services or Platform should be taken as legal advice. Your use of the  Platform and Services is an acknowledgement that you understand the risks associated with use of the Services and Platform and you represent to RentSpree that you’ve had an opportunity to receive independent legal guidance.‍

You understand and agree that legal compliance is your responsibility, and that RentSpree is not responsible for any failure of a landlord, real estate broker or property manager, or any of their respective representatives to comply with applicable law.‍

Flyers and Marketing Materials. Although you may use RentSpree to generate marketing flyers that contain an application ApplyLink™ and other property information for your convenience, you accept full responsibility for ensuring that the flyers meet all applicable laws and regulations, including all applicable privacy, data security, Data Protection Legislation, fair housing laws and Marketing Laws.‍

Applications, Background Screening Documents, Reference Inquiry Documents and Other Forms.  RentSpree may make certain documents available to you via the Platform including rental applications, background screening consent forms, adverse action letters, reference inquiry materials and other templates and forms (together, “Forms”). You understand that these Forms are samples and offered solely as a courtesy and should not be construed as legal advice. Laws governing these Forms frequently change and differ by jurisdiction. Accordingly, you agree to consult with legal counsel to make sure that you’re using Forms in a manner that complies with all federal, state, local and other applicable laws. Use of the Forms is entirely optional. Therefore, if you choose to use the Forms in part or whole, or if you choose to use one or more processes built into the Forms, you agree that such Forms/processes should be considered your own (not that of RentSpree), and that you have consulted with your own legal counsel regarding the use of Forms/processes. You agree to indemnify, defend and hold harmless RentSpree, its affiliates and subsidiaries and their respective officers, directors, employees, agents and insurers from and against any and all damages, penalties, losses, liabilities, judgments, settlements, awards, costs and expenses (including reasonable attorneys’ fees) arising out of or in connection with any claims, assertions, demands, causes of action, suits, proceedings or other actions, whether at law or in equity, related to or arising out of your use of Forms/processes made available by RentSpree.  In sum, Forms you generate are generated at your own risk and you assume full and exclusive responsibility for them. RentSpree disclaims any responsibility or liability for the content or format of the Forms/related processes.‍

Background Screening Reports. You may use the Platform to order background screening reports on prospective or current tenants from a third-party consumer reporting agency in the business of providing background reports (currently TransUnion Rental Screening Solutions, Inc. (“TURSS”)). By ordering background screening reports from TURSS you will be bound by TURSS’ Terms of Use  and Privacy Policy.  You acknowledge and agree that all background screening reports are ordered from and prepared by TURSS (or another third party), not RentSpree, and that RentSpree is in no way responsible for the content of background screening reports, including assembling or merging such reports. Should you order background screening reports via the Platform, you represent and warrant that you (a) have a permissible basis to do so under applicable law, (b) have met all applicable background screening consent requirements under federal, state, local and other applicable laws, including any California requirements, and (c) will comply with any adverse action requirements under federal, state, local and other applicable laws, should you decide to refuse to rent to a prospective or current tenant or take other adverse action against a prospective or current tenant.‍

SOME JURISDICTIONS PROHIBIT THE USE OR COLLECTION OF CERTAIN INFORMATION IN BACKGROUND SCREENING REPORTS IN CONNECTION WITH SCREENING A PROSPECTIVE OR CURRENT TENANT.  

FOR CLARITY, YOU, AS A LANDLORD, REAL ESTATE BROKER, PROPERTY MANAGER OR OTHER REAL ESTATE PROFESSIONAL ARE RESPONSIBLE FOR KNOWING WHAT INFORMATION YOUR JURISDICTION ALLOWS YOU TO REQUEST IN A BACKGROUND SCREENING REPORT. YOU MAY NOT REQUEST INFORMATION THAT YOUR JURISDICTION PROHIBITS YOU FROM COLLECTING AND YOU WILL INDEMNIFY, DEFEND AND HOLD RENTSPREE AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND INSURERS HARMLESS FROM AND AGAINST ANY AND ALL DAMAGES, PENALTIES, LOSSES, LIABILITIES, JUDGMENTS, SETTLEMENTS, AWARDS, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF OR IN CONNECTION WITH ANY CLAIMS, ASSERTIONS, DEMANDS, CAUSES OF ACTION, SUITS, PROCEEDINGS OR OTHER ACTIONS, WHETHER AT LAW OR IN EQUITY, RELATED TO OR ARISING OUT OF ANY BACKGROUND SCREENING REPORTS ORDERED BY YOU INCLUDING FROM A REQUEST FOR INFORMATION IN A REPORT YOU ARE NOT PERMITTED TO COLLECT.

If you have any questions related to the content of a background screening report (including any information you believe is incorrect), you must contact TransUnion Rental Screening Solutions, Inc. (or other relevant third party in the event RentSpree changes providers) directly at TransUnion Rental Screening Solutions, Inc., (TURSS), P.O. Box 800, Woodlyn, PA 19094. or 800-568-5665. You agree to indemnify, defend and hold harmless RentSpree and its affiliates and their respective officers, directors, employees, agents and insurers from and against any and all damages, penalties, losses, liabilities, judgments, settlements, awards, costs and expenses (including reasonable attorneys’ fees and expenses) arising out of or in connection with any claims, assertions, demands, causes of action, suits, proceedings or other actions, whether at law or equity, related to or arising out of any background screening reports ordered by you.‍

Request for Prospective Renters to Upload Documents.  At your discretion and subject to related fees, you may invite prospective tenants to upload documents you require during the application process (e.g., proof of income, government-issued ID, pet photos). You understand and agree that you will only seek documents and information at a legally permissible time and in a legally permissible manner, and that all such requests will conform to applicable law. You understand and agree that you are exclusively responsible for knowing what information you may ask for and when, and you represent and warrant that you have consulted with legal counsel as necessary on these issues.‍

Reference Inquires. You may use the Platform to request that RentSpree seek information from references on your behalf regarding prospective tenants. If you request that RentSpree pursue reference information on your behalf, you acknowledge and agree that RentSpree is operating solely at your behest and acting solely upon the information and instruction you have provided to RentSpree.  

You request that RentSpree ask the sample questions identified on https://www.rentspree.com/applicant-verification-questions to any contacted references.  You understand that you must make separate written arrangements with RentSpree if you wish to have RentSpree ask questions that differ from or supplement the sample questions. 

If you request reference inquiries via the Platform, you are certifying that you: (a) have a lawful basis to ask references for information, (b) have confirmed that the questions to be posed are appropriate and lawful in your jurisdiction, (c) have met all applicable consent requirements and other prerequisites under federal, state, local and other applicable laws, including any California requirements, (d) will only use reference response information that may legally be considered, and (e) will comply with any procedural requirements under federal, state, local and other applicable laws, should you decide to refuse to rent to a prospective or current tenant or take other action against a prospective or current tenant based upon the reference inquiries and/or responses.‍

Rent Estimate Reports.  At your discretion and subject to related fees, you may use the Platform to order rent estimate reports from a third-party company in the business of providing such reports. You understand and agree that such reports are prepared by a third-party, not RentSpree, and that RentSpree is in no way responsible for their content. You understand and agree that the manner in which such reports should be used depends on a variety of factors and that you take full responsibility for determining whether and how such reports can be used.‍

Tools for Reference Checks.  At your discretion and subject to related fees, you may use RentSpree’s Platform to perform reference checks on prospective tenants. If you decide to do so, you assume full responsibility for the content and timing of the reference checks you conduct. You further understand that the tools RentSpree makes available are self-help tools and, other than providing these tools, RentSpree plays no role in seeking, collecting or evaluating information from any reference sources. You remain fully and exclusively responsible for conducting reference checks in a manner that is consistent with all applicable laws.

Connection to Listing Services. You authorize RentSpree to connect with your multiple listing service or other online real estate service management tools and platforms (e.g., zipLogix™) for the purposes of transmitting property and transaction information and notifications in connection with managing your use of the Platform and Services. For information regarding zipLogix™ Privacy Policies and Terms of Use please consult their site.