Terms of Service

Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Rentzap Services, you agree to comply with and be bound by these Terms of Service.

Last Updated: June 10, 2022

Thank you for using Rentzap!

These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Rentzap (as defined below) governing your access to and use of the Rentzap platform (the “Rentzap Platform” or “Platform”) and all associated services (collectively, "Rentzap Services" or “Services”). Our Privacy Policy applies to your use of the Rentzap Services and is incorporated by reference into this Agreement.

When these Terms mention “Rentzap,” “we,” “us,” or “our,” it refers to the Rentzap, LLC.

Our collection and use of personal information in connection with your access to and use of the Rentzap Services is described in our Privacy Policy.

1. Compliance with All Laws 

1.1 General. Clients alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Client Services. Clients are solely responsible for identifying and obtaining any required licenses, permits, or registrations for any Client Services they offer. Certain types of Client Services may be prohibited altogether. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Listing(s) and Client Service(s) on Rentzap, you should always seek legal guidance.

1.2 Fair Housing Act. Client understands that Client is responsible for complying with the Federal Fair Housing Act which prohibits discrimination based on: (i) Race or color; (ii) National Origin; (iii) Religion; (iv) Sex; (v) Family Status, or (iv) Disability.

1.3 Client agrees to comply with any applicable Local and State Housing Laws.

1.4 We do not guarantee any acceptance by a landlord of an application but do require all landlords using the Services to comply with the Fair Housing Act and other applicable laws. 

2. Scope of Rentzap Services

2.1 The Rentzap Services enable registered Clients (“Clients”) to list their rental property directly to homeseekers (“Homeseekers”, and collectively with Clients, “Users”) who meet Client’s specifications. The Rentzap Services include Rentzap’s management of Client’s registered property rental listings (a “Listing”) for the purpose of booking of rental property showings through the Rentzap Platform (a “Booking”) and marketing services for the Listings as needed by the Client. The Rentzap Service also enables registered Users (“Users”) to apply (“Apply”) for Client’s registered property rental listings for the purpose of entering into a rental agreement with the Client. 

2.2 As the provider of the Rentzap Services, Rentzap does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Client Services. Clients alone are responsible for their Listings. When Users make or accept a booking, they are entering into a contract directly with each other. Rentzap is not and does not become a party to or other participant in any contractual relationship between Users, nor is Rentzap a real estate broker or insurer. Rentzap is not acting as an agent in any capacity for any User.

2.3 While we may help facilitate the resolution of disputes, Rentzap has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Client Services, (ii) the truth or accuracy of any Listing descriptions or other User Content (as defined below), or (iii) the performance or conduct of any User or third party. Rentzap does not endorse any User, Listing or Client Services. Any references to a User being "verified" (or similar language) only indicates that the User has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Rentzap about any User, including of the User's identity or background or whether the User is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to schedule a Booking, accept a Booking request from a Homeseeker, or communicate and interact with other Users, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Rentzap of any Client or Listing.

2.4 If you choose to use the Rentzap Platform as a Client, your relationship with Rentzap is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Rentzap for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Rentzap.

2.5 To promote the Rentzap Platform and to increase the exposure of Listings to potential Homeseekers, Listings and other User Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. 

2.6 The Rentzap Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Rentzap is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Rentzap of such Third-Party Services.

2.7 Due to the nature of the Internet, Rentzap cannot guarantee the continuous and uninterrupted availability and accessibility of the Rentzap Platform. Rentzap may restrict the availability of the Rentzap Services or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Rentzap Services. Rentzap may improve, enhance and modify the Rentzap Platform and introduce new Rentzap Services from time to time.

3. Eligibility, Using the Rentzap Platform, User Verification

3.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Rentzap Platform or register a Rentzap Account. By accessing or using the Rentzap Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.

3.3 Rentzap may make the access to and use of the Rentzap Services, or certain areas or features of the Rentzap Services, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, or booking and cancellation history.

3.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any User’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Users, (ii) screen Users against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a User, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

3.5 The access to or use of certain areas and features of the Rentzap Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Rentzap Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.

3.6 In order to use the payment functionality of our application, you must open a "Dwolla Account" provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in or transferred through your Dwolla Account are held or transferred by Dwolla's financial institution partners. You must be at least 18 years old to create a Dwolla Account. You authorize us to collect and share with Dwolla your personal information including full name, date of birth, social security number, physical address, email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla Account through our application, and Dwolla account notifications will be sent by us, not Dwolla. We will provide customer support for your Dwolla Account activity, and can be reached at www.rentzap.com, team@rentzap.com and/or 480-397-0942."

4. Modification of these Terms

Rentzap reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Rentzap website and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Rentzap Services will constitute acceptance of the revised Terms.

5. Account Registration

5.1 You must register an account ("Rentzap Account") to access and use the Rentzap Services, such as publishing or booking a Listing. If you are registering a Rentzap Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

5.2 You can register a Rentzap Account by texting Rentzap to start an account. 

5.3 You must provide accurate, current, and complete information during the registration process and keep your Rentzap Account information up-to-date at all times.

5.4 You may not register more than one (1) Rentzap Account unless Rentzap authorizes you to do so. You may not assign or otherwise transfer your Rentzap Account to another party.

5.5 You are responsible for maintaining the confidentiality and security of your Rentzap Account credentials and may not disclose your credentials to any third party. You must immediately notify Rentzap if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Rentzap Account. You are liable for any and all activities conducted through your Rentzap Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

5.6 No third party is authorized by Rentzap to ask for your credentials, and you shall not request the credentials of another User.

6. Content

6.1 Rentzap may, at its sole discretion, enable Users to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Rentzap Platform ("User Content"); and (ii) access and view User Content and any content that Rentzap itself makes available on or through the Rentzap Services, including proprietary Rentzap content and any content licensed or authorized for use by or through Rentzap from a third party ("Rentzap Content" and together with User Content, "Collective Content").

6.2 The Rentzap Platform, Rentzap Content, and User Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Rentzap Platform and Rentzap Content, including all associated intellectual property rights, are the exclusive property of Rentzap and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Rentzap Platform, Rentzap Content or User Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Rentzap used on or in connection with the Rentzap Platform and Rentzap Content are trademarks or registered trademarks of Rentzap in the United States and abroad. Trademarks, service marks, logos, trade names, and any other proprietary designations of third parties used on or in connection with the Rentzap Platform, Rentzap Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

6.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Rentzap Platform or Collective Content, except to the extent you are the legal owner of certain User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Rentzap or its licensors, except for the licenses and rights expressly granted in these Terms.

6.4 Subject to Client’s compliance with these Terms, Rentzap grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and view any Client or Rentzap Content made available on or through the Rentzap Services and accessible to you, solely for your personal and non-commercial use.

6.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the Rentzap Platform, you grant to Rentzap a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the Rentzap Platform, in any media or platform. Unless you provide specific consent, Rentzap does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your User Content.

6.6 Rentzap may offer Clients the option of having professional photographers take photographs of their Listings, which are made available by the photographer to Clients to include in their Listings with or without a watermark or tag bearing the words "Rentzap.com Verified Photo" or similar wording ("Verified Images"). You are responsible for ensuring that your Listing is accurately represented in the Verified Images and you will stop using the Verified Images on or through the Rentzap Platform if they no longer accurately represent your Listing, if you stop offering the Listing featured, or if your Rentzap Account is terminated or suspended for any reason. You acknowledge and agree that Rentzap shall have the right to use any Verified Images in advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where Rentzap is not the exclusive owner of Verified Images, by using such Verified Images on or through the Rentzap Platform, you grant to Rentzap an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Rentzap in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the Rentzap Platform solely for your personal and non-commercial use.

6.7 You are solely responsible for all User Content that you make available on or through the Rentzap Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the Rentzap Platform or you have all rights, licenses, consents and releases that are necessary to grant to Rentzap the rights in and to such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Rentzap's use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

6.8 You will not post, upload, publish, submit or transmit any User Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates any Rentzap policy. Rentzap may, without prior notice, remove or disable access to any User Content that Rentzap finds to be in violation of these Terms or Rentzap’s then-current policies, or otherwise may be harmful or objectionable to Rentzap, its Users, third parties, or property.

6.9 Rentzap does not review, approve or edit User Content. Rentzap makes no commitments about the User Content or its reliability, availability, or ability to meet your needs.  For the Rentzap Services, we display the User Content “as is”. 

7. Service Fees

7.1 Rentzap may charge fees to Clients ("Service Fees") in consideration for the use of the Rentzap Platform. 

7.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Client prior to publishing or booking a Listing. Rentzap reserves the right to change the Service Fees at any time, and we will provide Clients adequate notice of any fee changes before they become effective.

7.3 You are responsible for paying any Service Fees that you owe to Rentzap. The applicable Service Fees are due and payable and collected by Rentzap. Except as otherwise provided on the Rentzap Platform, Service Fees are non-refundable.

7.4 Rentzap may charge fees to Users ("Service Fees") in consideration for the use of the Rentzap Platform.

7.5 Any applicable Service Fees (including any applicable Taxes) will be displayed to a User prior to payment. Rentzap reserves the right to change the Service Fees at any time, and we will provide Users adequate notice of any fee changes before they become effective.

7.6 You are responsible for paying any Service Fees that you owe to Rentzap. The applicable Service Fees are due and payable and collected by Rentzap. Except as otherwise provided on the Rentzap Platform, Service Fees are non-refundable.

 

8. Terms specific for Clients

8.1 Terms applicable to all Listings

8.1.1 When publishing a Listing through the Rentzap Platform you must (i) provide complete and accurate information about your rental property (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply, and (iii) provide any other pertinent information requested by Rentzap. You are responsible for keeping your Listing information (including calendar availability) with Rentzap up-to-date at all times.

8.1.2 Any terms and conditions included in your Listing must not conflict with these Terms.

8.1.3 The group of Listings provided to Homeseeker on the Rentzap Platform may vary and depend on a variety of factors, such as Homeseeker preferences, Client requirements, price and calendar availability, and/or cancellation history.

8.1.4 When you accept or have pre-approved a booking request by a Homeseeker, you are entering into a legally binding agreement with the Homeseeker and are required to provide the Booking to the Homeseeker as described in your Listing when the booking request is made. 

8.1.5 Rentzap recommends that Clients obtain appropriate insurance for their Listings and Bookings. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Homeseekers (and the individuals the Homeseeker has booked for, if applicable) while at your Listing and Booking.

8.1.6 You represent and warrant that any Listing you post and the booking of, any rental property location will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Client, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Listing at your request or invitation, excluding the Homeseeker (and the individuals the Homeseeker invites to the Booking, if applicable).  

9. Terms specific for Homeseekers

9.1 Terms applicable to all Bookings

9.1.1 Subject to meeting any requirements (such as completing any verification processes) set by the Client, you can book a showing of a Listing available on the Rentzap Platform by following the respective booking process. 

9.1.2 Upon receipt of a booking confirmation from Rentzap, a legally binding agreement is formed between you and your host Client, subject to any additional terms and conditions of the Client that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. 

9.1.3 If you book a Client Service on behalf of additional Homeseekers, you are required to ensure that every additional Homeseeker meets any requirements set by the Client, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Client.

9.2 Booking a showing

9.2.1 You understand that a confirmed Booking of a Listing is a limited license granted to you by the Client to enter, occupy and view the rental property Listing for the duration of your allotted time as determined by Rentzap, during which time the Client (only where and to the extent permitted by applicable law) retains the right to re-enter the rental property Listing, in accordance with your agreement with the Client.

9.2.2 You agree to leave the Listing no later than the end time that Rentzap or the Client specifies in the Booking or such other time as mutually agreed upon between you and the Client. If you stay past the agreed upon end time without the Client's consent, you no longer have a license to stay in the rental property Listing and the Client is entitled to make you leave in a manner consistent with applicable law. 

9.3 Booking requirements

9.3.1 You should carefully review the description of any Listing you intend to book to ensure you (and any additional Homeseekers you are booking for) meet all of the requirements which the Client has specified in their Listing. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your Booking.

9.3.2 Before and during a Booking you must at all times adhere to the Clients’ instructions.

9.3.3 You may not bring any additional individuals to a Booking unless such an individual was added by you as an additional Homeseeker during the booking process for the Rentzap Services.

10. Damage to Listings, Disputes between Users

10.1 As a Homeseeker, you are responsible for leaving the Listing (including any personal or other property located at the Listing) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Listing, excluding the Client (and the individuals the Client invites to the Listing, if applicable).

10.2 If a Client claims and provides evidence that you as a Homeseeker have damaged a Listing or any personal or other property at a Listing ("Damage Claim"), the Client can seek payment from you. If a Client escalates a Damage Claim to Rentzap, you will be given an opportunity to respond. If you agree to pay the Client, or Rentzap determines in its sole discretion that you are responsible for the Damage Claim, Rentzap Payments reserves the right to collect payment from you and pursue any remedies available to Rentzap in this regard in situations in which you are responsible for a Damage Claim.

10.3 Users agree to cooperate with and assist Rentzap in good faith, and to provide Rentzap with such information and take such actions as may be reasonably requested by Rentzap, in connection with any Damage Claims or other complaints or claims made by Users relating to Listings or any personal or other property located at a Listing (including, without limitation, payment requests made under the Rentzap Client Guarantee). A User shall, upon Rentzap's reasonable request and at no cost to the User, participate in mediation or a similar resolution process with another User, which process will be conducted by Rentzap or a third party selected by Rentzap or its insurer, with respect to losses for which a User is requesting payment from Rentzap.

10.4 If you are a Homeseeker, you understand and agree that Rentzap may make a claim under your homeowner's, renter's or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to a Listing or any personal or other property located at a Listing (including without limitation amounts paid by Rentzap under the Rentzap Client Guarantee). You agree to cooperate with and assist Rentzap in good faith, and to provide Rentzap with such information as may be reasonably requested by Rentzap, to make a claim under your homeowner's, renter's, or other insurance policy, including, but not limited to, executing documents and taking such further acts as Rentzap may reasonably request to assist Rentzap in accomplishing the foregoing.

10.5 Should Client’s Listing be damaged by vandalism, Rentzap provides Client with a limited guarantee located at [INSERT LINK]

11. Prohibited Activities

11.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Rentzap Platform. In connection with your use of the Rentzap Platform, you will not and will not assist or enable others to:

  • breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms or Policies;

  • copy, store or otherwise access or use any information, including personally identifiable information about any other User, contained on the Rentzap Platform in any way that is inconsistent with Rentzap’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Users or third parties;

  • offer, as a Client, any Listing that you do not yourself own or have permission to make available as a residential or other property through the Rentzap Platform;

  • unless Rentzap explicitly permits otherwise, book any Listing if you will not actually be attending the Booking yourself;

  • discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;

  • dilute, tarnish or otherwise harm the Rentzap brand in any way, including through unauthorized use of Collective Content, registering and/or using Rentzap or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Rentzap domains, trademarks, taglines, promotional campaigns or Collective Content;

  • use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Rentzap Platform for any purpose;

  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Rentzap or any of Rentzap's providers or any other third party to protect the Rentzap Platform;

  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Rentzap Platform;

  • take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Rentzap Platform; or

  • violate or infringe anyone else’s rights or otherwise cause harm to anyone.

11.2 You acknowledge that Rentzap has no obligation to monitor the access to or use of the Rentzap Platform by any User or to review, disable access to, or edit any User Content, but has the right to do so to (i) operate, secure and improve the Rentzap Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to User Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Users agree to cooperate with and assist Rentzap in good faith and to provide Rentzap with such information and take such actions as may be reasonably requested by Rentzap with respect to any investigation undertaken by Rentzap or a representative of Rentzap regarding the use or abuse of the Rentzap Platform.

11.3 If you feel that any User you interact with, whether online or in-person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent, or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Rentzap by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

12. Term and Termination, Suspension, and other Measures

12.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Rentzap terminate the Agreement in accordance with this provision.

12.2 You may terminate this Agreement at any time by sending us a text or email. If you cancel your Rentzap Account as a Client, any confirmed listing(s) will be automatically cancelled and you Services Fee will be non-refundable. 

12.3 Without limiting our rights specified below, Rentzap may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered telephone number or email address.

12.4 Rentzap may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms, or the Privacy Policy, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Rentzap believes in good faith that such action is reasonably necessary to protect the personal safety or property of Rentzap, its Users, or third parties (for example in the case of fraudulent behavior of a User).

12.5 In addition, Rentzap may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, Privacy Policy, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Rentzap Account registration, Listing process or thereafter, (iv) you and/or your Listings or Client Services at any time fail to meet any applicable quality or eligibility criteria, (v) Rentzap becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) Rentzap believes in good faith that such action is reasonably necessary to protect the personal safety or property of Rentzap, its Users, or third parties, or to prevent fraud or other illegal activity:

  • refuse to surface, delete or delay any Listings or other User Content;

  • cancel any pending or confirmed bookings;

  • limit your access to or use of the Rentzap Platform; or

  • temporarily or in case of severe or repeated offenses permanently suspend your Rentzap Account.

In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Rentzap and an opportunity to resolve the issue to Rentzap's reasonable satisfaction.

12.6 If we take any of the measures described above (i) we will not refund your Services Fee for any and all confirmed Bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any Rentzap Services for pending or confirmed Bookings that were cancelled.

12.7 When this Agreement has been terminated, you are not entitled to a restoration of your Rentzap Account or any of your User Content. If your access to or use of the Rentzap Platform has been limited or your Rentzap Account has been suspended or this Agreement has been terminated by us, you may not register a new Rentzap Account or access and use the Rentzap Platform through an Rentzap Account of another User.

12.8 If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.

13. Disclaimers

If you choose to use the Rentzap Platform or Collective Content, you do so voluntarily and at your sole risk. The Rentzap Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.

You agree that you have had whatever opportunity you deem necessary to investigate the Rentzap Services, laws, rules, or regulations that may be applicable to your Listings and/or Client Services you are receiving and that you are not relying upon any statement of law or fact made by Rentzap relating to a Listing.

If we choose to conduct identity verification or background checks on any User, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a User or guarantee that a User will not engage in misconduct in the future.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

14. Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Rentzap Platform and Collective Content, your publishing or booking of any Listing via the Rentzap Platform, your Booking at any Listing, or any other interaction you have with other Users whether in person or online remains with you. Neither Rentzap nor any other party involved in creating, producing, or delivering the Rentzap Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Rentzap Platform or Collective Content, (iii) from any communications, interactions or meetings with other Users or other persons with whom you communicate, interact or meet with as a result of your use of the Rentzap Platform, or (iv) from your publishing or Booking of a Listing, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Rentzap has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Clients pursuant to these Terms or an approved payment request under the Rentzap Client Guarantee, in no event will Rentzap’s aggregate liability arising out of or in connection with these Terms and your use of the Rentzap Platform including, but not limited to, from your publishing or booking of any Listings via the Rentzap Platform, or from the use of or inability to use the Rentzap Platform or Collective Content and in connection with any Listing or Booking, or interactions with any other Users, exceed the amounts you have paid or owe for such Bookings via the Rentzap Platform as a Client in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Homeseeker, one hundred U.S. dollars (US$100). The limitations of damages set forth above are fundamental elements of the basis of the bargain between Rentzap and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. 

15. Indemnification

You agree to release, defend (at Rentzap’s option), indemnify, and hold Rentzap and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Rentzap Platform or any Rentzap Services, (iii) your interaction with any User, stay at an Listing, participation in an Experience, Event or other Client Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) Rentzap’s Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.

16. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Rentzap Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Rentzap Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

17. Digital Millennium Copyright Act (“DMCA”) Notice

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE.

In the event materials are made available in the Services by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site. If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

All DMCA notices should be sent to our designated agent as follows: 

 

Attn: Copyright Administrator

Weiss Brown

6263 North Scottsdale Road, Suite 340 

Scottsdale, AZ 85250

CopyrightAdministrator@WeissBrown.com

 

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

18. Applicable Law and Jurisdiction

These Terms will be interpreted in accordance with the laws of the State of Arizona and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) must be brought in state or federal court in Maricopa County, Arizona, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Phoenix, Arizona.

19. General Provisions

19.1 Severability. In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

19.2 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Rentzap and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Rentzap and you in relation to the access to and use of the Rentzap Platform.

19.3 No joint venture, partnership, employment, or agency relationship exists between you and Rentzap as a result of this Agreement or your use of the Rentzap Platform.

19.4 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

19.5 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

19.6 Rentzap’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

19.7 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Rentzap's prior written consent. Rentzap may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

19.8 Unless specified otherwise, any notices or other communications to Users permitted or required under this Agreement, will be in writing and given by Rentzap via email or text message. For notices made to Users, the date of receipt will be deemed the date on which Rentzap transmits the notice.

19.9 If you have any questions about these Terms please email us at team@rentzap.com