| 1. Assent to Terms
Before using this site, please read these terms and conditions of RentPayment.
You signify your acceptance of these terms and conditions of service
by clicking the "Accept" button and continuing to access or
use this Site, or any service available on this Site. At any time and
from time to time, RentPayment may modify the terms and conditions of
access and use of this Site. Accordingly, please continue to review
these terms and conditions of service whenever accessing or using this
Site. Your use of the Site, or any service on this Site, after RentPayment
has the posted modifications to these terms and conditions of service
will constitute your acceptance of any and all additional terms and
conditions of service, as modified. If, at any time, you do not wish
to accept the terms and conditions of service, you may not use the Site.
Any terms and conditions proposed by you which are in addition to or
which conflict with these terms and conditions of service are expressly
rejected by RentPayment and shall be devoid of all force and effect
to the fullest extent allowed by applicable law.
2. Description of RentPayment's Services.
RentPayment currently provides access to an Internet-based credit card
and, on-line electronic checking and pay-by-phone payment service to
corporate affiliates, rental property owners, rental property managers
(the "Participating Affiliates") and their respective tenants,
which facilitates various electronic payment services for monthly rents,
periodic rents, security deposits, other deposits, condo fees, timeshare
charges, fixed utility payments, other fixed payments and all other
fees and charges related to leased space, fixed or variable (the "Service").
You, as the tenant of a Participating Landlord, are eligible to use
the Services to pay your rent and any related fees covered under our
service agreement with Participating Affiliates. Your credit card, on-line
electronic checking or pay-by-phone payments made through the Service
will be remitted to your Participating Landlord in accordance with our
service agreement with the Participating Affiliates. You will receive
a timely written confirmation from RentPayment acknowledging the RentPayment's
receipt of credit card, on-line electronic checking or pay-by-phone
payments. Unless explicitly stated otherwise, any new features, which
enhance or augment RentPayment's current service offering shall be subject
to the terms and conditions of service. You must obtain access to the
World Wide Web and/or Internet in order to use the Service, either directly
or through other devices that access web-based content. You must also
pay any service fees associated with such access. In addition, you must
supply all necessary equipment to connect to the World Wide Web and/or
Internet, including a computer, a modem or other access devices.
3. Registration Obligations.
In consideration of your use of the Service, you agree to: (i) provide
information about yourself that is true, accurate, current and complete
as prompted by the Service's sign up form (the "Sign Up Information")
and (ii) where applicable and appropriate, maintain and promptly update
the Sign Up Information to keep it true, accurate, current and complete.
If you provide information that is untrue, inaccurate, not current or
incomplete, or if RentPayment has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, RentPayment
reserves the right to suspend or terminate your RentPayment account
and refuse any and all current or future use of the Service. You may
not use the Service for any illegal purpose or in any manner inconsistent
with the terms and conditions of service.
4. Fees and Payments.
RentPayment reserves the right at any time to charge and/or increase
fees for access to portions of the Service or the Service as a whole.
In no event will you be charged for access to portions of the Service
or to the Service unless RentPayment obtains your prior consent to pay
such charges. You shall pay all fees and charges incurred through your
account at the rates in effect for the billing period in which such
fees and charges are incurred, including but not limited to charges
for any services offered through the Service by RentPayment or by any
other vendor or service provider. You shall pay all applicable taxes
relating to the use of the Service through your account, and the purchase
of any other services. Late fees may be assessed for rent payments made
by credit card, on-line electronic checking or pay-by-phone media, which
occur after the late dates and or grace periods as established in our
agreements with Participating Affiliates. [Certain portions of the Service
or the Service as a whole may require a prepaid fee ("Prepaid Fee").
The Prepaid Fee, and all taxes and other fees related thereto will be
paid by you in advance. In no event will you receive any portions of
the Service or the Service as a whole if a Prepaid Fee is required unless
RentPayment receives all fees and charges payable by you, including
the Prepaid Fee.]
5. Payment cancellation, Credit and Refunds.
For payments you believe were improperly made, RentPayment may, in
its sole discretion, void, rescind or issue a credit for your rent payment
made through the Service at any time prior to the remittance of such
rent payment to your Participating Landlord. If a rent payment dispute
arises after payment is forwarded to your Participating Landlord, the
responsibility to settle the rent payment dispute rests with you and
Participating Landlord. You waive the right to cancel credit card payments
which have been cleared through RentPayment clearing entity.
6. Service Cancellation. 1-877-927-7866
Either you or RentPayment may cancel use of the Service with or without
cause at any time and effective immediately. You may cancel the Service
by calling 1-877-927-7866 or by sending an e-mail to [customerservice@rentpayment.com]
to request discontinuance of the Service and destroying all materials
obtained from the Service. You will remain liable for all outstanding
payments and fees due at the time of cancellation. RentPayment may terminate
the Service immediately without notice if you, in RentPayment's sole
discretion, fail to comply with any provision of these terms and conditions
of service. Upon termination by you or upon notice of termination by
RentPayment, you must destroy promptly all materials obtained from the
Service and any copies thereof. Sections 9, 11, 13 and 14 shall survive
any termination of the terms and conditions of service.
7. Membership Account, Password and Security.
You will create a password and account designation when completing
the sign up process for the Service. You are solely responsible for
maintaining the confidentiality of your password and account, and are
fully responsible for all activities occurring under your password or
account. You agree to notify RentPayment immediately if you notice unauthorized
use of your password or account or any other breach of security. RentPayment
cannot and will not be liable for any damage or loss arising from your
failure to comply with this Section.
8. License.
You acquire absolutely no rights or licenses in or to the Service and
materials contained within the Service other than the limited right
to utilize the Service in accordance with the terms and conditions of
service. Should you choose to download content from the Service, you
must do so in accordance with the terms and conditions of service. Such
download is licensed to you by RentPayment only for your own personal,
noncommercial use in accordance with the terms and conditions of service
and does not transfer any other rights to you.
9. Intellectual Property.
This Site and all Site design, including but not limited to text, content,
photographs, video, audio, interfaces, graphics and the selection and
the arrangement thereof is protected by patents, copyrights, trademarks,
service marks, international treaties and/or other proprietary rights
and laws of the US and other countries. RentPayment's Service is also
protected as a collective work or compilation under US copyright and
other laws and treaties. All individual articles of information, policies
and other elements making up the Service are also copyrighted works.
You agree to abide by all applicable patent, trademark, copyright and
other laws, as well as any additional patent, trademark and copyright
notices or restrictions contained in the Service. Any use of materials
on this Site, other than as permitted under Section 2 of this agreement
including reproduction, modification, distribution, or republication,
without prior written permission of RentPayment is absolutely prohibited.
10. Disclaimer.
The information, services, products, and materials contained in this
Site, including, without limitation, text, graphics, and links, are
provided on an "AS IS" basis with no warranty. To the maximum
extent permitted by law, RentPayment disclaims all representations and
WARRANTIES, EXPRESS OR IMPLIED, with respect to such information, services,
products, and materials, including but not limited to WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, title, non-infringement,
freedom from computer virus, and implied warranties arising from course
of dealing or course of performance. In addition, RentPayment does not
represent or warrant that the information accessible via this Site is
accurate, complete or current.
11. Limitation on Liability.
To the maximum extent permitted by law, RentPayment shall not be liable
for any direct, indirect, special, punitive, incidental, exemplary or
consequential damages, or any other such damages whatsoever, even if
RentPayment has been previously advised of the possibility of such damages,
whether in an action under contract, tort, statute, equity or any other
federal or state law theory, arising out of or in connection with the
use, inability to use, or performance of the information, services,
products, and materials available from this Site. RentPayment and its
suppliers make no warranties regarding the quality, reliability, timeliness
or security of the World Wide Web, the Internet and other globally linked
computer networks, or the web sites established thereon including the
Site, will be uninterrupted or error free.
12. External Sites.
This Site may include links to other sites on the World Wide Web and/or
Internet that are owned and operated by third party vendors and other
third parties (the "external sites"). You acknowledge and
agree that RentPayment is not responsible for the availability of, or
the content located on or through, any external site.
13. Indemnification.
You agree, at your own expense, to indemnify, defend and hold harmless
RentPayment and its employees, representatives, agents and suppliers,
against any claim, suit, action or other proceeding brought against
RentPayment, its employees, representatives, suppliers and agents, by
a third party, to the extent that such claim, suit, action or other
proceeding brought against RentPayment, its employees, representatives,
suppliers and agents is based on or arises in connection with the Service,
or any links on the Service, including, but not limited to: (i) your
use or someone using your computer for use of the Service; (ii) your
use or someone using your account, where applicable; (iii) a violation
of the terms and conditions of service by you or anyone using your computer
(or account, where applicable); (iv) a claim that any use of the Service
by you or someone using your computer (or account, where applicable)
infringes any intellectual property right of any third party, or any
right of personality or publicity, is libelous or defamatory, or otherwise
results in injury or damage to any third party; (v) any deletions, additions,
insertions or alterations to, or any unauthorized use of, the Service
by you or someone using your computer (or account, where applicable);
(vi) any misrepresentation, including false or inaccurate Sign Up Information,
or breach of representation or warranty made by you contained herein;
or (vii) any breach of any covenant or agreement to be performed by
you under these terms and conditions of service. You agree to pay any
and all costs, damages and expenses, including, but not limited to,
reasonable attorneys' fees and costs awarded against or otherwise incurred
by or in connection with or arising from any such claim, suit, action
or proceeding attributable to any such claim.
14. Jurisdiction and Governing Law.
You irrevocably agree that all actions or proceedings arising out of,
from or related to these terms and conditions of service or the Service
shall be litigated in local, state or federal court having situs within
the State of California. You further hereby consent and submit to the
jurisdiction of any local, state or federal courts located within said
state and hereby waive any right to transfer or change the venue of
any such litigation. All actions or proceedings arising out of, from
or related to these terms and conditions of service or the Service shall
be governed and controlled by application of the laws of the State of
California as to interpretation, enforcement, validity, construction,
effect and in all other respects.
15. Miscellaneous.
You acknowledge that RentPayment has the right to change the content
or technical specifications of any aspect of the Service at any time
at RentPayment's sole discretion. You further accept that any such changes
may result in your being unable to access the Service.
16. Captions and Headings.
The captions and headings appearing in terms and condition of service
are for reference only and will not be considered in construing this
agreement.
17. Severability.
If any provision of the terms and conditions of service, or the application
thereof, is found invalid or unenforceable, that provision will be amended
to achieve as nearly as possible the same economic effect as the original
provision and the remainder of this agreement will remain in full force.
18. Entire Agreement.
These terms and conditions of service including the Sign Up Information
contain the entire understanding and agreement between the you and RentPayment
with respect to its subject matter, superseding all prior or contemporaneous
representations, understandings, and any other oral or written agreements
between the parties with respect to such subject matter.
19. Consent Representations and Warranties.
By clicking the "Accept" button you represent and warrant
that you have read, acknowledge and agree to be bound by the terms and
conditions of the RentPayment service. You further represent and agree
that: (i) you have the power and authority to enter into this agreement;
(ii) you are at least eighteen (18) years old; (iii) you will comply
with all US law regarding the transmission of any data obtained from
the Service in accordance with the terms and conditions of service,
(iv) you will not use the Service for illegal purposes, and (v) you
will not interfere or disrupt networks connected to the Service. |