TERMS AND CONDITIONS

BY VISITING RENTMYWAY.COM, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.

This Terms of Service Agreement (the "Agreement") is a legal agreement between you ("you") and Rent My Way LLC, a Washington Limited Liability Company ("Company") for use of the website found at http://rentmyway.com (the “Site”), the servers used by the Site, the computer files stored on such servers, and all services, features and content offered by the Company (collectively, the "Service").

Please read this Agreement carefully. By creating an account or accessing or using the Service, you acknowledge that you accept and agree to be bound by the terms of this Agreement and you will comply with your obligations under applicable laws and regulations. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE SERVICE.

About the Service

The Service is a platform for landlords who rent residential properties (“Landlords”) to connect with tenants seeking housing (“Tenants”), and for Tenants to provide information, credit reports, background checks and other related documentation to Landlords.

Registration and Eligibility

When creating or updating an account on the Service (“Account”), you may be required to provide the Company with certain personal information, which may include your name, e-mail address, and, in some cases, payment information. This information will be held and used in accordance with the Company's Privacy Policy. You agree that You will supply accurate and complete information to the Company, and that you will update that information promptly after it changes. You further agree that:

  • You shall not create an Account or access the Service if you are under the age of 18;
  • You shall not have more than one Account at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;
  • You shall not have an Account or use the Service if you have been previously removed by the Company.

Limited License to Use the Service

The Company grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Service for your own individual use subject to the other terms of this Agreement. All rights, title, and interest in and to the Service not expressly granted in this agreement are reserved by the Company.

User Content

“User Content” means all information and data (including text, images, photos, videos, audio, and documents) or any other content in any media and format provided or made available to the Company by you or on your behalf in relation to the use of the Service.

By transmitting or submitting any User Content while using the Services, you affirm, represent and warrant that such transmission or submission is (a) accurate; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) does not constitute unauthorized advertising or “spamming.” You acknowledge and agree that any of your personal information within such content will at all times be processed by the Company in accordance with its Privacy Policy.

Furthermore, you agree that you shall NOT upload any User Content that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, obscene, vulgar, pornographic, offensive, profane, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by the Company in its sole discretion.

License to User Content

You grant the Company a limited, worldwide, non-exclusive, non-transferable license, without a right of sublicense, to access, use, reproduce, electronically distribute, transmit, perform, format, display, store, and archive Youor Content for the purpose of supporting your use of the Services and providing Service to you. Subject to the limited license expressly granted to the Company herein, you shall retain all right, title and interest in and to the User Content and all intellectual property rights therein. Nothing in this Agreement will confer on the Company any right of ownership in the User Content.

Your Feedback

We welcome your feedback about the Service. Unless otherwise expressly declared, any communications you send to us are deemed to be submitted on a non-confidential basis. You agree that we may decide to publicize such contents at our own discretion. You agree to authorize us to make use of such contents for free, and revise, modify, adjust and change contextually, or make any other changes as we deem appropriate.

Credit and Background Reports

The Service enables you request a copy of your credit, criminal and eviction reports (each, a “Report,” and collectively, the “Reports”). We use a third-party provider, TransUnion LLC, to provide these Reports and the Reports are subject to TransUnion’s general Terms of Service and Privacy Policy. We are not a reporting company or credit bureau and we have no control over the provision of Reports or content of the Reports, and therefore cannot guarantee their availability, accuracy or appropriateness.

Tenants are notified via email as soon as Reports become available. Reports are valid and available for 30 days from the email notice date and can be accessed and viewed through the portal on the Site and the Tenant ordering the Reports may choose to share the Reports with Landlords in the Tenant’s discretion through the Site. After 30 days the Reports will automatically be removed from the Site and will no longer be accessible.

Please understand that the Landlords may accept or reject a given Report in their sole discretion. As a Tenant, it is your responsibility to communicate with each Landlord about what documentation is required.

If you are a Tenant ordering Reports, you agree that you will use such Reports solely for the purpose of furnishing the Reports to Landlords in connection with seeking properties to rent.

If you are Landlord and you request or receive Reports from a prospective Tenant, you agree that you will use such Reports solely for the purpose of your own evaluation of the Tenant in connection with a rental property that you own or manage. Copying sharing any Tenant Reports or information contained therein with any third party, or permitting any third party to access a Tenant Reports through your Account is strictly PROHIBITED.

Pricing

For Tenants ordering Reports, the fee for a set of Reports which includes a credit, criminal, and eviction report is $44. ALL SALES ARE FINAL and All fees for Reports are non-refundable.

Landlords currently receive Reports from Tenants for free. If we change our fees or introduce new paid features of the Service, we will post the new information on the Site or notify you by email. You can choose whether you wish to continue using the Service going forward.

Payment Transactions

We use Gravity Payments to handle online payment transactions and we do not retain your payment information. By making a payment through the Service, you agree to be bound by the Gravity Payments Terms of Service and Privacy Policy.

Landlord Responsibilities; Non-Discrimination

Landlords are responsible for being familiar with the Fair Credit Reporting Act requirements, any applicable state laws governing use of consumer reports, and all relevant laws and regulations relating to property rentals and tenant screening.

Our Service is intended to create an inclusive platform and community. Bias and prejudice have no place here. Landlords must comply with the Fair Housing Act and follow all other applicable laws that prohibit discrimination based on based on race, religion, national origin, sexual orientation, gender, marital status, age, or disability. If we identify or are notified of activities or patterns indicating discriminatory, prejudicial, or disrespectful behavior in connection with use of the Service as determined in our sole discretion, we reserve the right to suspend or terminate your Account in our sole discretion. A Landlord’s consideration of whether a Tenant smokes or owns pets or other such personal preferences generally are not prohibited by law and are not considered discriminatory.

Tenant Responsibilities

In submitting any information or applications for a property through the Service, it is the Tenant’s responsibility to provide accurate and complete information. Tenants agree and acknowledge that Landlords may not review submitted application information if any documentation is missing or any information is incomplete.

Conditions for Use of the Service

As a condition of using the Service, you agree not to use the Service for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the Service and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes. You agree to the following:

  • You may not resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Service.
  • You may not modify, reverse engineer, decompile or disassemble the Service.
  • You may not copy, adapt, alter, modify, translate, or create derivative works of the Service without written authorization of the Company.
  • You may not permit other individuals to use the Service, including but not limited to shared use via a network connection, except under the terms of this Agreement.
  • You may not circumvent or disable any technological features or measures in the Service for protection of intellectual property rights.
  • You may not use the Service in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.
  • You may not use or access the Service to compile data in a manner that is used or usable by a competitive product or service.
  • You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone;
  • You shall not use your Account to engage in any unlawful conduct.

Any such forbidden use shall immediately terminate your license to the Service.

Account Security

You are solely responsible for activity that occurs on your account and it is your responsibility to protect your personal data and maintain the confidentiality of your user information and password.  You are also responsible for immediately notifying the Company of any unauthorized use of your account, or breach of your account information or password. The Company will not be liable for any loss that you may incur as a result of someone else using your username or password, either with or without your knowledge.  To the extent allowable by law, you shall be liable for any expenses and reasonable attorney’s fees for your failure to safeguard user and password information and/or promptly notify the Company about unauthorized use of your account or breach of your account information or password.

Monitoring

We reserve the right to view, monitor, and record activity when you use the Service without notice or further permission from you, to the fullest extent permitted by applicable law, although we have no obligation to do so.  Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity involving use of the Service.

Termination

If you wish to terminate your Account, send a request to info@rentmyway.com. Please understand that after terminating your account, any or all of your information may be irrevocably deleted. You should save a copy of anything important before terminating your Account.

We reserve the right to refuse service to anyone and likewise to suspend or terminate your Account for use of the Service at any time for any reason or no reason.

Third Party Links

The Service may give you access to links to third-party websites ("Third Party Sites"). The Company does not endorse any of these Third Party Sites and does not control them in any manner. Accordingly, the Company does not assume any liability associated with Third Party Sites. You need to take appropriate steps to determine whether accessing a Third Party Site is appropriate, and to protect your personal information and privacy on such Third Party Site.

Changes to the Service or these Terms

From time to time and without prior notice to you, we may change, expand and improve the Service. We may also, at any time, cease to continue operating part or all of the Service or selectively disable certain aspects of the Service. Any modification or elimination of the Service will be done in our sole and absolute discretion and without an ongoing obligation or liability to you, and your use of the Service does not entitle you to the continued provision or availability of the Service.

We may also modify this Agreement from time to time. Any amended terms automatically take effect 10 days after they are initially posted on this site. Your use of the Service following the effective date of any modifications to this Agreement will constitute your acceptance of the Agreement, as modified. You agree that notice on the Service of modifications is adequate notice.

General Disclaimers

Our goal is to make it the rental process easier and smoother and to empower our users by facilitating communications between Landlords and Tenants and providing helpful and educational information.

The Company is not a credit reporting agency, real estate agent, real estate broker, or insurer. We are solely an intermediary between Tenants, reporting agencies, and Landlords. You also understand and agree that that requirements and laws relating to property rentals and tenant screening may vary among different cities, counties, and states. The Service may not be appropriate, comprehensive, or acceptable in all locations.

We expressly disclaim any liability for errors or omissions in any content or information we provide through the Service, including any inaccuracy or incompleteness of Reports. We have no control over conduct or communications by Landlords or Tenants or other users of the Service, and disclaims all liability in this regard to the maximum extent permitted by law. We also do not screen properties or listings or offer any guarantees or advice regarding the suitability of rental properties, Landlords, or potential Tenants. Nothing we say should be construed as such advice or an endorsement of any Tenant, Landlord, or property. Any information we provide should be considered only as a part of the decision-making process and our users should use other available information and their own judgment.

We seek to empower Tenants with knowledge about credit scores and provide tips on how to become a strong applicant for rental properties. However, please understand that any materials or information we provide are for informational and educational purposes only, and we are not a credit repair service. We have no control over Landlord decision-making and therefore it is impossible for us to make any guarantees or assurances that your rental application will be considered or accepted by any Landlord.

The features of the Service that facilitate communications are not intended to create any contract or other legal obligations between Service users. You should wait until a written rental or lease agreement is signed by both the Landlord and Tenant before relying on any tenancy arranged through the Service.

Warranty Disclaimer

The Company controls and operates the Service from various locations and makes no representation that the Service is appropriate or available for use in all locations. Services may not be available in your location or may vary across locations. THE SERVICE IS PROVIDED "AS IS", "AS AVAILABLE" AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. THE COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SERVICE. IN NO EVENT WILL THE COMPANY’s TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SeRVICE EXCEED THE AMOUNTS YOU HAVE PAID TO THE COMPANY in the twelve (12) months preceding such Claim, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You hereby agree to indemnify and hold the Company, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures and suppliers, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your breach of this Agreement, or your violation of any law or the rights of a third party.

Miscellaneous

Any dispute arising from this Agreement shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN KING COUNTY, STATE OF WASHINGTON AND THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL. Any cause of action you may have with respect to your use of the Service must be commenced within one (1) year after the claim or cause of action arises.

If for any reason a court of competent jurisdiction finds any provision of this agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. 

No waiver of by the Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.

Upon termination, all provisions of this Agreement, which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

All claims between the parties related to this Agreement will be litigated individually and the parties will not consolidate or seek class treatment for any claim, unless previously agreed to in writing by the parties.

BY USING THE SERVICE OR ACCESSING THE SERVICE, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

Questions and Comments

If you have any comments or questions on any part of the services or any part of this Terms of Service, please feel free to contact us at info@rentmyway.com