This Rentility™ Lessor Agreement (“Agreement”), the Rentility™ Website Terms and
Conditions (“Terms and Conditions”), the Rentility™ Website Privacy Policy (“Privacy
Policy”), the Rentility™ Rewards Program Terms and Conditions (“Rewards Program Terms and
Conditions”), together with all other applicable operating rules, policies, price
schedules and other supplemental terms and conditions or documents that may be
published from time to time, which are expressly incorporated herein by
reference,
shall constitute the entire agreement between Rentility LLC (“Rentility™”) and you governing your
participation as a lessor (“Lessor”)
on the www.rentility.com website
(“Site”).Registering as a Lessor will enable you to access
the services available by and through the Site (“Lessor Services”).The Lessor Services include the ability to: (a)
list properties (each a “Property”) on the Site that you desire to make
available to individuals who have registered as lessees in order to bid on
and/or rent (“Rent”) Properties through the Site (“Lessees” and together with
Lessors, “Members”); (b) provide details about the Properties, including
availability, as well as upload photographs and videos of the Properties
(“Property Content”); and (c) in some cases, communicate with other Lessors, as
well as Lessees, via the Site’s internal electronic messaging system
(“Messaging System”).
By submitting your online registration form to
become a Lessor
(“Registration
Form”), you are confirming that you: (i) have fully read this Agreement; (ii)
understand all of the terms and conditions of this Agreement; and (iii) agree
to be fully bound by this Agreement.
This Agreement is subject to change at any time, in Rentility’s™
sole discretion, and such changes shall be effective upon their posting on the
Site. You are responsible for bookmarking
this page and checking it frequently in order to remain abreast of any and all
amendments and/or changes to this Agreement. Your continued use of the Lessor Services and/or Site after notice is
given shall constitute your binding and legally enforceable agreement to such changes. If you do not wish to accept any such change, then you must terminate this
Agreement and cease using the Lessor Services.
1.Enrollment as a Lessor/Lessor Services
1.1To begin the enrollment process, you must submit a complete and
accurate Registration Form. As part of
the enrollment process you will be required to submit valid PayPal® account information with your Registration
Form. If and when a Lessee Rents a Property listed
by you on the Site, payment of the agreed upon price will be made by the
applicable Lessee to your PayPal®
account. To become a Lessor, you must: (a) be an
individual of at least eighteen (18) years of age; (b) possess the requisite
equipment and Internet connection to access the Lessor Services; and (c) be registered with PayPal® [LINK] and your PayPal® account must be active. Your must maintain
an active PayPal® account in order to receive payment from a Lessee.If any of the information supplied as part of your Registration
Form changes, at any time, you must immediately inform Rentility™ of same to
reflect such changes in your Lessor profile. You acknowledge that Rentility™ is not responsible for any payment
transactions between you and a Lessee, or any claims or disputes related to or
arising from any such transactions.Any
claim or dispute that you may have concerning payment(s) is strictly between
you and the applicable Lessee.You agree
not to hold Rentility™, its parents, affiliates
and/or subsidiaries, and each of their respective officers, partners, members,
managers, employees and agents liable for any claim or dispute related to
payment(s) made by a Lessee.
1.2Lessor must
indicate on the Registration Form that he/she is an owner (“Owner”), broker
(“Broker”) or Property manager (“Manager”).For purposes of the Agreement, Owners, Brokers and Managers shall be
treated as Lessors in all material respects, unless expressly stated
otherwise.Owners shall have the ability
to compose messages to, and respond to messages from, other Members via the
Messaging System.Brokers and Managers
shall only have the ability to correspond with another Member if they have been
contacted directly by such Member via the Messaging System.
1.3Upon submission, Rentility™ will review your Registration Form and, if
approved, set up your account (“Lessor Account”).Upon approval, Rentility™ will also send an
email to the email address provided at the time of registration (“Activation
Email”). The Activation Email will contain information necessary to activate
your Lessor Account and utilize the Lessor Services. Once you activate your Lessor Account, you can
access your Lessor Account at the Site using the user name and password that
you selected during the registration process. You will have the option to change your user name and password any time. You are responsible for maintaining the
confidentiality of your Lessor Account, user name and password and for
restricting access to your computer, and you agree to accept responsibility for
all activities that occur through use of your Lessor Account, user name and
password including,
without limitation, any and all Rentals made therethrough.
1.4Rentility™ may reject your Registration Form and/or terminate your
participation as a Lessor at
any time and for any reason, in Rentility’s™ sole discretion.Such reasons may include, without limitation,
where Rentility™ believes, in its sole and absolute discretion, that: (a) you
are in any way in breach of this Agreement; and/or (b) any Property Content or Member
Communications (as those terms are defined in the Terms and Conditions) posted
by you by and through the Site and/or the Messaging System is unsuitable for
the Lessor Services and/or Site for any reason including, without limitation,
that the Property Content or Member Communications contains, links to, or
consists of, material that could be considered false, fraudulent, unlawful,
harmful, threatening, defamatory, obscene, harassing or otherwise
objectionable.
1.5As an active Lessor
in good standing, you will have the ability to create a Property listing
(“Property Listing”).The information
that you must supply for a Property Listing may include, without limitation:
(a) street address; (b) description of Property; (c) number of units available;
(d) amenities; (e) applicable fees (if any); (f) deposit required (if any); (g)
amount of rent; and (h) time period that the Property is available.You will also have the ability to upload
photos, videos and other Property Content associated with each Property
Listing.
1.6You may designate
each Property Listing to be Rented out to Lessees using a fixed price format
(“Fixed Price”), or as determined via a Bid (as that term is defined in the
Terms and Conditions).
1.7Where a Lessee
has placed a successful Bid on one of your Property Listings, you may gain
access to certain of that Lessee’s personal information.You agree to use such personal information in
accordance with all applicable law, for the sole and exclusive purpose of
contacting that Lessee in connection with the applicable Property Listing. You
shall indemnify and hold Rentility harmless from and against any and all
claims, actions and/or damages associated with your use of such personal
information.
1.8Lessors are
forbidden from posting website links, buttons, banner ads, co-registration
paths, copy or processes for generating actions in any Property Content or Member Communications and from advertising third party
products and/or services through use of the Lessor Services.
1.9Rentility™ reserves the right to prohibit any conduct by Lessors or remove any Property Content
and/or Member Communications already posted by and through the Lessor Services
and/or Site at any time and for any reason, in Rentility’s™ sole discretion. The reasons for removal may
include, without limitation, where Rentility™ believes that the Property Content or Member Communications posted by Lessor is unsuitable for the Lessor
Services and/or Site for any reason including, without limitation: (a) that the
Property Content and/or Member Communications contains or links to material
that could be considered fraudulent, false, unlawful, harmful, threatening,
defamatory, obscene, harassing or otherwise objectionable; (b) that the Property
Content and/or Member Communications contains or links to material that
infringes upon the trademark, trade name, service mark, copyright, license, or
other intellectual property or proprietary right of any third party; (c) where Rentility™ believes that Lessor is, at any time, conducting
any unauthorized commercial activity by and through the Lessor Services; and/or
(d) where Rentility™
believes Lessor
to be in
violation of the Agreement.
1.10Rentility™ has
no liability or responsibility to review, endorse, police or enforce any Site
Creative (as
that term is defined in the Terms and Conditions) posted by Lessors or Lessees that is made available by and through the Site, Messaging System,
Lessor Services or otherwise. Rentility™ shall have no obligation to resolve any dispute
between Lessors
and Lessees. The Member Communications, Licensee Feedback
and Property Content are provided directly by Lessors and/or Lessees.Property
Content, Member Communications, Member Feedback and other content appearing in
the Lessor Services, Messaging System and/or Site is provided for informational
purposes only.Rentility™ does
not represent or warrant that the Member Communications, Licensee Feedback and
Property Content are accurate, complete or appropriate. You agree that Rentility™ shall have no obligations
and incur no liabilities to you in
connection with any such Member Communications, Licensee Feedback and Property Content.You understand and agree that Rentility™ is not responsible or
liable in any manner whatsoever for your inability to use the Lessor Services and/or Messaging
System.
1.11The Lessee
Feedback (as defined in the Terms and Conditions) appearing on the Site is
provided directly by Lessees.Rentility™
shall not be responsible or to you for any such Lessee Feedback associated with
the Properties you list.
2.Property Content and Member Communications
As a Lessor, you agree that you
are solely responsible for the Property Content, Member Communications and/or
other information that you publish, transmit and/or post by and through the Lessor
Services. You agree to use the Lessor Services in a manner consistent with any
and all applicable federal, state and local laws, statutes, rules, regulations and
judicial decrees. In connection with the Property Content and/or Member
Communications that you post by and through the Lessor Services, you agree not
to: (a) display any telephone numbers, street addresses, last names, URLs,
e-mail addresses or any confidential information of any third party; (b)
display any audio files, text, photographs, videos or other images containing
confidential information; (c) display any audio files, text, photographs,
videos or other images that may be deemed indecent or obscene in your
community, as defined under applicable law; (d) impersonate any person or
entity; (e) “stalk” or otherwise harass any person via the Property Content,
Member Communications or Site; (f) engage in unauthorized advertising to, or
solicitation of, site visitors (“Visitors”), other Lessors or Lessees in an
effort to rent, buy or sell any properties including, but not limited to, the
Properties listed on the Site; (g) transmit any chain letters, spam or junk
e-mail; (h) express or imply that any statements that you make are endorsed by Rentility™, without our
specific prior written consent; (i) harvest or collect personal information of
Visitors, other Lessors or Lessees whether or not for commercial purposes,
without their express consent; (j) use any robot, spider, site search/retrieval
application, or other manual or automatic device or process to retrieve, index,
“data mine,” or in any way reproduce or circumvent the navigational structure
or presentation of the Site or its contents; (k) post, distribute or reproduce
in any way any copyrighted material, trademarks or other proprietary
information without obtaining the prior consent of the owner of such
proprietary rights; (l) remove any copyright, trademark or other proprietary
rights notices contained on the Site; (m) interfere with or disrupt any of the
Site’s functions, services and/or the servers or networks connected to the
Site; (n) post, offer for download, e-mail or otherwise transmit any material
that contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment; (o) post, offer for
download,
transmit, promote or otherwise make available any software, product or service
that is illegal or that violates the rights of a third party, including, but
not limited to, spyware, adware, programs designed to send unsolicited
advertisements (i.e. “spamware”), services that send unsolicited
advertisements, programs designed to initiate “denial of service” attacks, mail
bomb programs and programs designed to gain unauthorized access to networks on
the Internet; (p) “frame” or “mirror” any part of the Site, without our prior
written authorization; (q) use metatags or code or other devices containing any
reference to Rentility™ and/or the Site in order to direct any person to any other
website for any purpose; and/or (r) modify, adapt, sublicense, translate, sell,
reverse engineer, decipher, decompile or otherwise disassemble any portion of
the Site or any software used on or for the Site.Engaging in any of the aforementioned
prohibited practices shall be deemed a breach of this Agreement and may result
in the immediate termination of your Lessor Account without notice, in the sole
discretion of Rentility™, pursuant to the terms of this Agreement.Rentility™ reserves the right to pursue any and all legal and
equitable remedies against Lessors that engage in the aforementioned prohibited
conduct.
3.Non-Endorsement/Independent Contractors
3.1Rentility™ operates the Lessor Services and Site as a neutral host, and
Rentility™ does not regularly monitor, regulate or police the use of the Lessor
Services and/or Site by any of its participants.The participation in the Lessor Services
and/or Site by a Visitor, Lessor, Lessee, third-party advertiser or otherwise does not
constitute an endorsement by Rentility™ of that Visitor, Lessor, Lessee, third-party
advertiser or
other third party.
3.2You and Rentility™ are independent parties and nothing in this
Agreement will create any partnership, joint venture, agency, franchise, sales
representative or employment relationship between you and Rentility™.You have no authority to make or accept any offers or
representations on behalf of Rentility™.
4.Proprietary Rights
4.1Lessor grants
to Rentility™ a perpetual, non-revocable, royalty free, worldwide license (“Lessor License”) to display on, and
distribute through, the Lessor Services and Site, or as otherwise determined by
Rentility™ in any medium, the Property Content and any other information posted
in the Lessor Services or otherwise on the Site by Lessor and any and all associated
trademarks, service marks, tradenames and/or copyrights. Lessor agrees that its
use of the Lessor Services and/or Site is subject to the Rentility™ License
granted hereunder.The Lessor License shall last as long
as the Lessor Services remain active.
4.2During the term of this Agreement, Rentility™ grants to Lessor a non-exclusive,
non-transferable, revocable and limited license to post Property Content and to
otherwise use the Lessor Services and/or Site, subject to the restrictions, and
in accordance with the terms, of this Agreement (“Rentility™ License”).
4.3The content, organization, graphics, design, compilation, magnetic
translation, digital conversion, software and other matters related to the Lessor
Services and/or Site are protected under applicable copyright, trademark and
other proprietary (including, without limitation, intellectual property)
rights.The use, copying, redistribution
and/or publication by Lessor of any part of the Lessor Services and/or Site,
other than as contemplated hereunder, is strictly prohibited.
4.4Lessor does not acquire any ownership rights to the Lessor Services
and/or Site. The availability of the Lessor Services and/or Site, as well as
the Rentility™ License, does not constitute a waiver of any rights related
thereto.
5.Term and Termination
5.1Rentility™ may terminate this Agreement at any time, with or without cause. Lessor may terminate this Agreement at any time, upon
five (5) business days’ prior written notice.
5.2If Lessor’s Rentility™ License expires, terminates or is
suspended for any reason, Rentility™ may, with or without notice, remove all Property Content and/or Member
Communications from the applicable Lessor Services areas immediately or, in Rentility’s™ sole discretion, at any
time thereafter.
5.3Upon any expiration, termination or suspension of this Agreement and/or
Lessor’s participation in the Lessor
Services, the Rentility™ License and any and all other
licenses and rights granted to Lessor in
connection with this Agreement shall immediately cease and terminate.
5.4If Lessor’s account is terminated by Rentility™ for breach of this Agreement, Lessor shall not be
eligible to enter into a new Lessor Agreement with Rentility™, and any attempt to do so
shall be null and void.
5.5Obligations that, by their nature, would survive any termination of
this Agreement including, without limitation, Sections 7, 8, 9, 10 and 11,
shall survive any termination of this Agreement.
6.Representations and Warranties: Lessor hereby represents and warrants to Rentility™
as follows:
6.1This Agreement has been duly and validly executed and delivered by Lessor
and constitutes Lessor’s legal, valid and binding obligation which is fully
enforceable against Lessor in accordance with its terms;
6.2The execution, delivery and performance by Lessor of this Agreement
will not conflict with or violate: (a) any provision of law, rule or regulation
to which Lessor is subject; (b) any order, judgment or decree applicable to Lessor;
(c) any provision of Lessor’s corporate by-laws or certificate of
incorporation, if applicable; or (d) any agreement or other instrument
applicable to Lessor;
6.3If Lessor has registered with Rentility™ as the Owner of a Property that it has listed on the Site, it has
ownership rights to such Property and possesses the legal authority to make
such Property available for Rental purposes;
6.4If Lessor registered with Rentility™ as the Manager of a Property that it has listed on the Site, it
possesses the legal authority to make such Property available for Rental
purposes and has been granted such authority from the owner(s) of such
Property;
6.5If Lessor registered with Rentility™ as a Broker for a Property that it has listed on the Site, it
possesses the legal authority to make such Property available for Rental
purposes and has been granted such authority from the owner(s) of such
Property;
6.6Lessor’s performance under this Agreement, the Property Content, Member
Communications and any and all other information posted, or obtained and later
used by, Lessor by and through the Site will not: (a) invade the right of
privacy or publicity of any third person; (b) involve any libelous, obscene,
indecent or otherwise unlawful material; (c) violate any applicable federal,
state and local laws, statutes, rules, regulations and judicial decrees; or (d)
infringe upon the rights of any third parties including, without limitation,
those of copyright, patent, trademark, trade secret or other intellectual
property right, false advertising, unfair competition, defamation, invasion of
rights of celebrity, violation of any anti-discriminatory law or regulation, or
any other right of any person or entity.
6.7The Property Content and any and all other information posted by Lessor
by and through the Lessor Services will comply with the provisions of Section
3.
6.8There is no pending or, to the best of Lessor’s knowledge, threatened
claim, action or proceeding against Lessor; and
6.9Lessor will be solely responsible for the Property Content and Member
Communications that it posts or otherwise makes available on or through the
Site.
7.Indemnification
Lessor agrees to indemnify, defend and hold
Rentility™, its parents, affiliates and/or subsidiaries, and each of their
respective officers, partners, members, managers, employees, agents and
attorneys, harmless from and against any and all liabilities, claims, actions,
suits, proceedings, judgments, fines, damages, costs, losses and expenses (including
reasonable attorneys’ fees, court costs and/or settlement costs) arising from,
or related to: (a) Property Content, Member Communications and any and all
other information posted, made available and/or linked to in connection with Lessor’s
participation in the Lessor Services, Site or otherwise; (b) Lessor’s breach of
this Agreement and/or any representation or warranty contained herein; (c) Lessor’s
use of Lessee contact information gained by and through the Site; and/or (d) Lessor’s
use of the Lessor Services, Site or other Rentility™ services, in any manner
whatsoever.
8.Disclaimers/Limitation of Liability
The disclaimers and limitation of liability provisions
set forth in Sections 15 and 16 of the Terms and Conditions shall remain in
full force and effect and shall apply in all respects for purposes of this
Agreement.
9.Miscellaneous
9.1This Agreement shall be treated as though it were executed and
performed in New York, New
York and shall be governed by and construed in accordance with the
laws of the State of New York
(without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions
of the Agreement or
the breach of same by any party hereto, the parties agree to submit their
dispute for resolution by arbitration before the American Arbitration
Association in New York City,
in accordance with the then current Commercial Arbitration Rules of the
American Arbitration Association. Any award rendered shall be final and
conclusive to the parties and a judgment thereon may be entered in any court of
competent jurisdiction.Nothing herein
shall be construed to preclude any party from seeking injunctive relief in
order to protect its rights pending an outcome in arbitration.To the extent permitted by law, you
agree that you will not bring, join or participate in any class action lawsuit
as to any claim, dispute or controversy that you may have against Rentility™ and its employees, officers,
directors, members, representatives and assigns. You agree to the entry of injunctive
relief to stop such a lawsuit or to remove you as a participant in the suit.
You agree to pay the attorney's fees and court costs that Rentility™ incurs in
seeking such relief.This provision does
not constitute a waiver of any of your rights and remedies to pursue a claim
individually and not as a class action in binding arbitration as provided
above. This provision preventing you from bringing, joining or participating in
class action lawsuits is an independent agreement.
9.2Should any part of this Agreement be held invalid or unenforceable,
that portion shall be construed consistent with applicable law and the
remaining portions shall remain in full force and effect.
9.3Lessor agrees that any unauthorized and/or unlawful use of the Lessor Services
and/or Site would result in irreparable injury to Rentility™ for which monetary damages
would be inadequate. In such event, Rentility™ shall have the right, in addition to other remedies
available to it pursuant to this Agreement, to immediate injunctive relief
against Lessor without the need to post a bond.Nothing contained in this Agreement shall be construed to limit any
legal or equitable remedies available to Rentility™.
9.4Rentility’s™ failure to enforce any provision of this Agreement shall not be deemed
a waiver of such provision nor of the right to enforce such provision.
9.5Any attempt by any individual, whether or not Lessor, to damage,
destroy, tamper with, vandalize and/or otherwise interfere with the operation
of the Lessor Services, other Rentility™ Services and/or Site is a violation of both criminal and civil law and
Rentility™ will diligently pursue any
and all remedies in this regard against any offending individual or entity to
the fullest extent permissible at law and in equity.
9.6This Agreement will be binding on, inure to the benefit of, and be
enforceable against, the parties and Rentility’s™ successors and assigns. Lessor is not permitted to
transfer any rights and/or obligations pursuant to this Agreement without the
express written consent of Rentility™. Any attempt to do so will result in the immediate termination of this
Agreement.
9.7To the extent that anything in or associated with the Site, Lessor Services, Terms and Conditions,
Privacy Policy, Rewards Program Terms and Conditions or any other applicable Rentility™ operating rules, policies
and other supplemental terms and conditions or documents, is in conflict or
inconsistent with this Agreement, this Agreement shall take precedence. There are no third party
beneficiaries of this Agreement.
9.8Rentility™ may provide notices to Lessor by posting notices or links to notices on the Site.
Notices to Lessors
may also be
made via e-mail, regular mail, overnight courier or facsimile at Lessor’s contact addresses of
record as set forth by Lessor on
the Registration Form. If Lessor wishes
to provide notice to Rentility™, such notice shall be sent, postage prepaid by U.S. registered
or certified mail or by international or domestic overnight courier, to: []. Notices sent by
email or telecopy, with or without electronic confirmation, will not be deemed
to be valid unless actual receipt is confirmed in writing by authorized Rentility™
personnel.
9.9Lessor acknowledges and agrees that by clicking on the submit button,
or such similar links as may be designated by Rentility™ as a means of
accepting this Agreement, Lessor is submitting a legally binding electronic
signature and is entering into a legally binding contract.Lessor acknowledges that Lessor’s electronic
submissions constitute Lessor’s agreement and intent to be bound by this
Agreement.Pursuant to any applicable
statutes, regulations, rules, ordinances or other laws including, without
limitation, the United States Electronic Signatures in Global and National Commerce
Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, LESSOR HEREBY
AGREES TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS
AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS
INITIATED OR COMPLETED THROUGH THE SOFTWARE OR SERVICES OFFERED BY
RENTILITY™.Further, Lessor hereby
waives any rights or requirements under any statutes, regulations, rules,
ordinances or other laws in any jurisdiction which require an original
signature or delivery or retention of non-electronic records, or to payments or
the granting of credits by other than electronic means.
