Terms of Use - Landlords

Last updated: October 31, 2016

The Service allows Landlords (person or business that owns or manages real estate and leases real estate to Tenants) to setup rental properties, leases, and reminders and to process online rental payments, Tenant background checks, or other services associated with leasing real estate to Tenants.

The Service allows Tenants (person or business that rents real estate from a Landlord) the ability to electronically receive Services and to electronically authorize and pay rent and other fees associated with renting real estate from a Landlord.

This Agreement is a legal agreement between you ("you", "your") and ScheduleMyRent, Inc., including its banks, affiliates, and third party service providers, ("ScheduleMyRent", "we", "our", or "us") governing your use of ScheduleMyRent's websites, reminder service, payment processing services, and other products and services (together, the "Services"). Please read this Agreement carefully. This Agreement is divided into three sections. Section One is ScheduleMyRent's E-sign consent requiring Communications by web, email, or text. Section Two explains the terms that govern your use of the Services. Section Three contains additional legal terms, including provisions that limit our liability to you and require individual arbitration for any potential legal dispute. To use the Services, you must accept all of the terms of this Agreement. We have the right to change or add to the terms of this Agreement at any time and use of the Services after our publication of any such changes shall constitute your acceptance of this Agreement as modified.

Section One: E-sign Consent

ScheduleMyRent may need to provide you with certain communications, notices, agreements, billing statements, or disclosures in writing ("Communications") regarding our Services. You confirm your ability and your consent to receive Communications electronically, rather than in paper form, and to the use of electronic signatures in our relationship with you ("Consent"). If you choose not to agree to this Consent or you withdraw your consent, your ScheduleMyRent account will be closed.

  1. Electronic Delivery of Communications and Use of Electronic Signatures. Under this Consent, ScheduleMyRent may provide all Communications electronically by email, by text message, or by making them accessible via ScheduleMyRent websites. Communications include, but are not limited to, (1) agreements and policies required to use the Services, (2) payment authorizations and transaction receipts or confirmations, (3) account statements and history, (4) and all federal and state tax statements and documents. We may also use electronic signatures and obtain them from you. You understand and agree that Communications are considered received by you within 24 hours of the time posted to our website, or within 24 hours of the time emailed or texted to you unless we receive notice that the email or text was not delivered.
  2. System Requirements. To access and retain the electronic Communications, you will need the following:
    1. A computer or mobile device with Internet or mobile connectivity.
    2. For website-based Communications, a current web browser that includes 128-bit encryption. Minimum recommended browser standards are: The browser must have cookies and JavaScript enabled.
    3. For mobile Communications, a mobile device operating system that supports a web browser or text messaging.
    4. Access to the email address used to create an account for ScheduleMyRent Services.
    5. Sufficient storage space to save Communications and/or a printer to print them.
    6. If you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add "support@ScheduleMyRent.com" and "legal@ScheduleMyRent.com" to your email address book.
  3. Paper Delivery of Communications. You have the right to receive Communications in paper form. To request a paper copy of any Communication by mail at the current postal rate plus a $5.00 handling fee please email legal@ScheduleMyRent.com within 180 days of the date of the Disclosure, specifying in detail the Communication you would like to receive.
  4. Withdrawal of Consent to Electronic Communications. You may withdraw your consent to receive electronic Communications at any time, by writing to legal@ScheduleMyRent.com. Any withdrawal of your consent will be effective after a reasonable period of time for processing your request. Withdrawal of your consent to receive electronic Communications may result in termination of your ScheduleMyRent Account.
  5. Updating Your Email Address or Phone Number. You can change your email address or Phone Number by signing into your ScheduleMyRent Account at any time. The new Email or Phone Number will become effective after it is authenticated by us.

Section Two: Terms Governing Use of the Service

  1. ScheduleMyRent Account Registration. You must open an account with ScheduleMyRent (a "ScheduleMyRent Account") to use the Services. During registration we will ask you for information including your name and other personal information. You must provide accurate and complete information in response to our questions. You must complete this and other processes to access any funds through the Services. You must also keep the information that you provide up-to-date. We reserve the right to suspend or terminate the ScheduleMyRent Account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
  2. Name. You must use your or your business' true and accurate name when signing up for a ScheduleMyRent Account. Ideally, the name you choose will be a reasonably descriptive name that clearly identifies you or your business. This name or ScheduleMyRent will appear on the Tenant's bank account for all payments using the Services.
  3. Verification and Inspection. If your request to open a ScheduleMyRent Account is approved, ScheduleMyRent may request additional information from you at any time. For example, ScheduleMyRent may ask you to present lease contracts with your Tenants, a government issued identification such as a passport or driver's license, a business license, or other information. ScheduleMyRent may also ask for permission to inspect your business location. If you refuse any of these requests, your ScheduleMyRent Account may be suspended or terminated.
  4. Compatible Mobile Devices and Third Party Carriers. Services may be provided via compatible web browsers and mobile devices. ScheduleMyRent does not warrant that the Services will be compatible with your browser or mobile device or third party carrier. Your use of the Services may be subject to the terms of your agreements with your mobile device manufacturer and your carrier.
  5. Your ScheduleMyRent Account. By creating a ScheduleMyRent Account, you confirm that you are either a legal resident of the United States, a United States citizen, or a business entity authorized to conduct business by the state(s) in which you operate. The Services and your ScheduleMyRent Account may only be used for real estate leasing business purposes in the fifty states of the United States of America and the District of Columbia. You may not export the Services directly or indirectly, and you acknowledge that the Services may be subject to export restrictions imposed by US law, including US Export Administration Regulations (15 C.F.R. Chapter VII). By creating a ScheduleMyRent Account, you also confirm that you will not accept payments of any illegal activity or goods and will only use the Service in connection with the collection of rent and other customary services associated with the lease and rental of real estate between a Landlord and Tenant.
  6. Our Role. The Services allow you to accept payments, including Automated Clearing House (ACH) based payments initiated with your bank account information. We are not a bank and we do not offer banking services as defined by the United States Department of Treasury. As a payment service provider, ScheduleMyRent facilitates the processing of payments between Landlords and Tenants. This means that we collect, analyze and relay information generated in connection with these payments. In order to serve in this role, we must enter into agreements with banks. In some cases, banks require that you enter into an agreement directly with ScheduleMyRent's bank. If you are such a Landlord we will provide you a Commercial Entity Agreement that you must complete in order to use the Services. This may happen during the registration process or at some other time. If you fail to complete a "Commercial Entity Agreement," we may suspend or terminate your ScheduleMyRent Account.
  7. Your Authorization. You authorize us in relation to the Services to act as your agent for the limited purposes of holding, receiving, and disbursing funds on your behalf. Your authorization permits us to generate a paper draft or an electronic funds transfer to process each payment transaction that you authorize. Your authorizations will remain in full force and effect until your ScheduleMyRent Account is closed or terminated. We will collect funds from the Tenant and remit to you funds actually received by us on your behalf, less amounts owed to us, subject to any Return or Reserve withheld or applied in accordance with this Agreement.
  8. Restricted Use. You may not act as a payment intermediary, aggregator or service bureau or otherwise resell the Services on behalf of any third party. This means that you may not use the Services to handle, process or transmit funds for any third party. You may not use the rental features of the Services to send payment requests to yourself or in any other manner for which the Service is not intended.
  9. Unauthorized or Illegal Use. We may decide not to authorize or settle any transaction that you submit to us if we believe that the transaction is in violation of this Agreement or any other ScheduleMyRent agreement, or that it exposes you, other ScheduleMyRent customers, our banks or ScheduleMyRent to harm. Harm includes fraud and other criminal acts. If we reasonably suspect that your ScheduleMyRent Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your ScheduleMyRent Account, and any of your transactions with the bank, Networks, and with law enforcement.
  10. Accepted Banks. ScheduleMyRent works with most U.S. banks. We may remove or add acceptable bank accounts, including your bank accounts and your Tenant's bank accounts, at any time without prior notice. We will only process bank accounts that we have been able to authenticate. Authentication methods, which are determined at the sole discretion of ScheduleMyRent, may involve depositing and withdrawing small amounts from each bank account and requiring you or Tenant to validate amounts or may include other authentication methods. You understand that there may be times when the Tenant may not be the authorized user of the bank account or that such Tenant may otherwise contest the transaction through the Return process. You agree to comply with the Return process and the liability associated with such Returns.
  11. Applicable Network Rules. The banks and the National Automated Clearing House (NACHA), "Networks", require that you and ScheduleMyRent comply with all applicable bylaws, rules, and regulations ("Network Rules"). The Networks amend their rules and regulations from time to time. ScheduleMyRent may be required to change this Agreement in connection with amendments to the Network Rules or bank requirements. NACHA Rules are available for purchase at www.nacha.org.
  12. Underwriting. You authorize ScheduleMyRent to request identity verifying information about you, including a consumer report that contains your name, address, credit, and other personal information. You further agree that ScheduleMyRent may periodically obtain additional reports to determine whether you continue to meet the requirements for a ScheduleMyRent Account. You agree that ScheduleMyRent is permitted to share information about you and your application (including whether you are approved or declined), and your ScheduleMyRent Account information with your and our bank, other financial institutions, and third party data providers. This includes sharing information (a) about your transactions for regulatory or compliance purposes, (b) for use in connection with the management and maintenance of the Service, (c) to create and update their customer records about you and to assist them in better serving you, and (d) to conduct ScheduleMyRent's risk management process. ScheduleMyRent will review the information that you submit in connection with your request to sign up for the Services. After you submit your application, ScheduleMyRent and/or bank may conclude that you will not be permitted to use the Services.
  13. Our Fees. You agree to pay the applicable fees listed in this Agreement, our website, and other Communications for use of the Services. Subject to the terms of this Agreement, we reserve the right to change our Fees upon thirty days' advance notice. You must agree to the change in Fees to continue to use the Services. To withdraw your consent, you will need to close your ScheduleMyRent Account. All Balances and all Fees, charges, and payments collected or paid through the Services are denominated in US dollars. Tenants are not charged for bank account payments. If a Tenant pays with cash at a retailer, the Tenant may be charged an additional convenience fee at the retailer location.
  14. Access to ScheduleMyRent Account Funds. Subject to the payout schedule identified below, we will deposit amounts received by us for your transactions through the Services to your verified bank account. If ScheduleMyRent is not able to debit or credit the bank account you link to your ScheduleMyRent Account, the bank account will be de-linked from your ScheduleMyRent Account. It is your obligation to link an ACH-enabled bank account to your ScheduleMyRent Account in order to receive your funds.
  15. Right of Setoff. You grant us a security interest in, as well as a right of setoff against, and hereby assign, convey, deliver, pledge and transfer to us, as security for repayment of any obligations due under this Agreement, all of your right, title, and interest in and to all of your accounts with us. However, this grant will not apply to any accounts for which the grant of a security interest would be prohibited by law. You authorize us, without prior notice to you and irrespective of (i) whether we have made demand under this Agreement or any other related agreements; and (ii) whether the obligation is contingent, matured or unmatured, to the extent permitted by law, to collect, charge, and/or setoff all sums owing on the indebtedness against any and all such accounts and other obligations, and our option, to administratively freeze or direct any third party bank holding the account to freeze all such accounts to allow us to protect our security interest, collection, charge and setoff rights as provided for in this section. In addition, you agree that ScheduleMyRent my place a lien on the real estate used in Services to collect any amounts due.
  16. Payout Schedule. Once your U.S. bank account is validated, ScheduleMyRent will automatically initiate a payout to your bank account at the end of every business day for all Complete payments. Complete payments were: (i) authorized by Tenants before 1pm Pacific Time, (ii) we have successfully received the funds the following business day, (iii) and the funds were held for 2 business days after receipt to allow short time frame ACH returns to occur. The amount, after returns, will be sent to your bank account. For clarity by example, ScheduleMyRent will send funds on Thursday and a Landlord will receive funds in their bank account on Friday for a payment that was initially authorized by a Tenant before 1pm Pacific Time on Monday.
  17. Availability of Funds. Should ScheduleMyRent need to conduct an investigation or resolve any pending dispute related to your ScheduleMyRent Account, we may defer payout or restrict access to your funds for the entire time it takes for us to do so. We also may defer payout or restrict access to your funds as necessary to comply with applicable law or court order, or if otherwise requested by law enforcement, governmental entity, or bank.
  18. ScheduleMyRent Account History. When a payment is made to your ScheduleMyRent Account, we will update your ScheduleMyRent Account activity, which you can view or print as a receipt. Details of your ScheduleMyRent Account activity are available on our website for up to one year. Except as required by law, you are solely responsible for (a) compiling and retaining permanent records of all transactions and other data associated with your ScheduleMyRent Account and your use of the Services, and (b) reconciling all transactional information that is associated with your ScheduleMyRent Account. If you believe that there is an error or unauthorized transaction activity associated with your ScheduleMyRent Account, you agree to contact us immediately.
  19. Reserve. At any time and from time to time, we may temporarily suspend or delay payments to you and/or designate an amount of funds that you must maintain in your ScheduleMyRent Account or in a separate reserve account (a "Reserve") to secure the performance of your payment obligations under this Agreement. We may require a Reserve for any reason, including if you have a high rate of Returns or other indications of performance problems related to your use of the Services. The Reserve will be in an amount as reasonably determined by us or our bank to cover anticipated Returns and/or unfulfilled products or services or credit risk based on your processing history. The Reserve may be raised, reduced or removed at any time by ScheduleMyRent, in its sole discretion, based on your payment history, a credit review, the amount of any arbitration award or court judgment against you in ScheduleMyRent's favor, or otherwise as ScheduleMyRent or its bank may determine or require. If you do not have sufficient funds in your Reserve, we may fund the Reserve from any funding source associated with your ScheduleMyRent Account, including but not limited to any funds (a) deposited by you, (b) due to you under this Agreement, or (c) available in your bank account, or other payment instrument registered with us. You grant us a security interest in and lien on any and all funds held in any Reserve, and also authorize us to make any withdrawals or debits from the Reserve, without prior notice to you, to collect amounts that you owe us under this Agreement, including without limitation for any reversals of deposits or transfers made to your ScheduleMyRent Account. You will execute any additional documentation required for us to perfect our security interest in any funds in the Reserve. This security interest survives for as long as we hold funds in your Reserve.
  20. ScheduleMyRent Account Balances. Your funds will be co-mingled and held with other participants' funds in one or more pooled accounts at one or more banks by us on your behalf and for the benefit of you and others holding balances. We have sole discretion over the establishment and maintenance of any pooled account. Funds associated with your ScheduleMyRent Account will at all times be held separate from our corporate funds. We will not use your funds for our corporate purposes (including the granting of any security or similar interest), will not voluntarily make funds available to our creditors in the event of bankruptcy or for any other purpose, and will not knowingly permit our creditors to attach the funds. You will not receive interest or any other earnings on any funds that we handle for you. As consideration for using the Services, you irrevocably assign to us all rights and legal interests to any interest and/or other earnings that may accrue or are attributable to our holding of your Balance in a pooled account or Reserve.
  21. Lease, Authorization, Receipts. You are required to have a current and enforceable lease in good standing, which does not have any debt in default, for every Tenant that gives you authorization to collect rent, late fees, return fees, or other customary payments and services associated with the lease of rental property to a Tenant. You must keep proof of authorization for two years and provide to ScheduleMyRent within ten days if requested. As a fraud prevention tool, ScheduleMyRent will also provide payment details to the Tenant and the Tenant must authorize all payments. Both you and Tenant are able to see payment history when using the Service. Tenants may receive authorization requests, payment information, and other material delivered by ScheduleMyRent through our website, text, phone, or email. These communications may contain additional messages, offers, or links that may be of interest to Tenants. Tenants may be able to use the Services to submit feedback to you about their recent customer experience. When Tenants submit feedback using the Services, we may share that feedback with you. You may not use the feedback features of the Services: (a) to send Tenants marketing messages, (b) to send abusive, harassing, excessive or objectionable messages, or (c) in any other manner that would violate any provision of this Agreement or ScheduleMyRent's policies. ScheduleMyRent may allow general communication between Landlords and Tenants that is not related to a payment. This communication is not intended to create any kind of contract or other legal obligation between a Landlord, a Tenant, ScheduleMyRent or anyone else.
  22. Text Message Usage. You agree that ScheduleMyRent may send you real-time Communications via a text message. You are responsible for any message or data fees charged by your phone or network provider.
  23. Taxes. You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with your use of our software and services ("Taxes"). You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction unless required by tax authority. ScheduleMyRent specifically disclaims any liability for Taxes. If in a given calendar year you receive (i) more than $20,000 in gross amount of payments and (ii) more than 200 payments, ScheduleMyRent will report annually to the Internal Revenue Service ("IRS"), as required by law, your name, address, Tax Identification Number (such as a Social Security Number (SSN), or Employer Identification Number (EIN)), the total dollar amount of the payments you receive in a calendar year, and the total dollar amount of the payments you receive for each month in a calendar year. Whether you reach $20,000 in payments or more than 200 payments will be determined by looking at the SSN or EIN associated with your ScheduleMyRent Account. If you have not provided a full SSN or EIN or if the SSN or EIN provided is determined to not be valid and you are approaching the payment amount or number reporting threshold, ScheduleMyRent will notify you and stop normal processing until the full SSN or EIN is provided.
  24. Customer Service. You are solely responsible for all customer service policies and issues in your lease relating to your Tenant, including pricing, services, returns, refunds and adjustments, rebates, functionality and warranty, technical support, and feedback concerning experiences with your personnel, policies or processes. In performing customer service, you will always present yourself as a separate entity from us. As between you and us, we are solely responsible for customer service issues relating to any ScheduleMyRent Service.
  25. Refunds and Returns. By accepting payment transactions with ScheduleMyRent, you agree to process returns of, and provide refunds and adjustments for, your goods or services through your ScheduleMyRent Account in accordance with this Agreement and NACHA rules. NACHA and ScheduleMyRent rules require that you will (a) maintain a fair return, termination, or adjustment policy in your lease; and (b) not accept cash or any other item of value for preparing an ACH refund. The amount of the refund/adjustment must include any associated taxes required to be refunded and cannot exceed the amount shown as the total on the original payment. Please be aware, if your refund policy is unsatisfactory to the Tenant, you may still receive a Return relating to such payments.
  26. Your Liability for Returns. The amount of a transaction may be returned back to your ScheduleMyRent Account (a "Return") if the transaction (a) does not have sufficient funds or only has un-collected funds, (b) is on a closed account, (c) is on an invalid or unknown account, (d) is on a frozen account, (e) is disputed, (f) is reversed for any reason by the Network, a bank, or a Tenant, (g) was not authorized, authorization revoked, or we have any reason to believe that the transaction was not authorized, (H) is allegedly unlawful, suspicious, or in violation of the terms of this Agreement, or (i) is a different NACHA or bank return reason or request.
  27. Our Collection Rights for Returns. For any transaction that results in a Return, we may debit the amount of any Return and any associated Fees, fines, or penalties listed in the Fee Schedule or assessed by any Network or our bank from your ScheduleMyRent Account (including without limitation any Reserve), any proceeds due to you, your bank account, or other payment instrument registered with us. If you have pending Returns, we may delay payouts from your ScheduleMyRent Account. Further, if we reasonably believe that a Return is likely with respect to any transaction, we may withhold the amount of the potential Return from payments otherwise due to you under this Agreement until such time that: (a) a Return is assessed due to a complaint, in which case we will retain the funds; (b) the period of time under applicable law or regulation by which the Tenant may dispute the transaction; or (c) we determine that a Return on the transaction will not occur. If we are unable to recover funds related to a Return for which you are liable, you will pay us the full amount of the Return immediately upon demand. You agree to pay all costs and expenses, including without limitation attorneys' fees and other legal expenses, incurred by or on behalf of us in connection with the collection of all ScheduleMyRent Account deficit balances unpaid by you.
  28. Excessive Returns. If we determine that you are incurring an excessive amount of Returns, we may establish controls or conditions governing your ScheduleMyRent Account, including without limitation, by (a) establishing new processing fees, (b) creating a Reserve in an amount reasonably determined by us to cover anticipated Returns and related fees, (c) delaying payouts, or (d) terminating or suspending the Services.
  29. Contesting Returns. You agree to assist us when requested, at your expense, to investigate any of your transactions processed through the Services. To that end, you permit us to share information about a Return with the Tenant, the Tenant's financial institution, and your financial institution in order to investigate and/or mediate a Return. If needed, we will request necessary information from you to contest the Return. If the Return is contested successfully, we will release the reserved funds to your ScheduleMyRent Account. If a Return dispute is not resolved in your favor or you choose not to contest the Return, we may recover the Return amount and any associated fees as described in this Agreement. You acknowledge that your failure to assist us in a timely manner when investigating a transaction, including providing necessary documentation within five (5) days of our request, may result in an irreversible Return. We reserve the right to charge a fee for mediating and/or investigating Return disputes.
  30. Our Set-off Rights. To the extent permitted by law, we may set off against the Balances for any obligation you owe us under this Agreement, including without limitation any Returns. All Fees are typically charged monthly and are debited from your bank. Your failure to fully pay amounts that you owe us on demand will be a breach of this Agreement. You will be liable for our costs associated with collection in addition to the amount owed, including without limitation attorneys' fees and expenses, collection agency fees, and any applicable interest.
  31. Dormant ScheduleMyRent Accounts. If there is no activity in your ScheduleMyRent Account for one year, we may automatically close your ScheduleMyRent Account.
  32. ScheduleMyRent Processing Errors. We will attempt to rectify processing errors that we discover. If the error resulted in your receipt of less than the amount to which you were entitled, ScheduleMyRent will credit your ScheduleMyRent Account for the difference. If the error results in your receipt of more than the amount to which you were entitled, ScheduleMyRent will debit the extra funds from your ScheduleMyRent Account. ScheduleMyRent will only correct transactions that are processed incorrectly if and when you notify us of such an error. Your failure to notify us of a processing error within thirty days of when it first appears on your electronic transaction history will be deemed a waiver of any right to amounts owed to you.
  33. Your Privacy. ScheduleMyRent collects, uses, and shares information when you sign up for, use, access or otherwise interact with any ScheduleMyRent Services. This applies to all information we collect through our Services, even if you have not signed up for a ScheduleMyRent account. This does not, however, describe the practices of third parties that may collect information from you when you interact with them, including third parties that may provide information such as Tenant background checks.
  34. Collection of Information You Provide. We collect information you provide, such as when you sign up as a Landlord, when you provide information as part of our identity and property verification process, or in the course of a payment or notification. We may collect, but are not limited to collecting, the following: basic user information, such as your name, email address, mailing address, phone number, photograph, social security number, and birth date; financial information, including bank account and payment card numbers; property information, such as address and Tenant information, and other historical, contact, and demographic information. We also collect information when you send information to or through the Services about your property and services (including pricing and other data), participate in contests or promotions offered by ScheduleMyRent or our partners, respond to our surveys, or otherwise communicate with us.
  35. Information We Collect from Your Use of the Services. We collect information about you when you use our Services, including as follows:
    • Transaction Information. When you use our Services to make or accept payments, we collect information about when and where the transactions occurred, a description of the transactions, the payment or transfer amounts, billing information, and information about the property and payment methods used to complete the transactions.
    • Location Information. When one of our applications is open on your mobile device, we periodically receive information about the location of the device.
    • Device Information. We collect device-specific information when you access our Services, including your hardware model, operating system and version, unique device identifiers, mobile network information, and information about the device's interaction with our Services. We may also identify other software running on the device (but will not collect any content from such software) for anti-fraud and malware-prevention purposes.
    • Use Information. We collect information about how you use our Services, including your access times, browser types and language, and Internet Protocol ("IP") addresses.
    • Information Collected by Cookies. We use various technologies to collect information, and this may include sending cookies to your computer or mobile device. Cookies are small data files that are stored on your hard drive or in device memory by a website. Among other things, cookies support the integrity of our registration process, retain your preferences and account settings, and help evaluate and compile aggregated statistics about user activity.
  36. Information We Collect From Other Sources. We may also collect information about you from third parties, including but not limited to third-party verification services, credit bureaus, mailing list providers, and publicly available sources. In some circumstances, this information may include your Social Security Number or taxpayer identification number and other sensitive data.
  37. Third-Party Advertising and Analytics. We may allow third parties to serve advertisements in connection with our Services and to provide analytics services. These third parties may use cookies, web beacons, and other technologies to collect information, such as your IP addresses, identifiers associated with your mobile device or applications on the device, the browsers you use to visit our Services, pages viewed, time spent on pages, links clicked, and conversion information. This information may be used by ScheduleMyRent and other companies to analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests, and better understand your usage. This policy does not apply to, and we are not responsible for, third-party cookies, web beacons, or other tracking technologies, and we encourage you to check the privacy policies of these third parties to learn more about their privacy practices.
  38. Use of Information. We use information about you to provide, maintain, and improve our Services and to deliver the information and support you request.
    • We may use information we collect to send you news and information about our Services and to communicate with you about products, services, contests, promotions, incentives, and rewards offered by us and select partners.
    • We may also use information about you to track and analyze trends and usage in connection with our Services; to process and deliver contest and promotion entries and rewards; to protect our rights or property; to verify your identity; to investigate and prevent fraud or other illegal activities; and for any other purpose disclosed to you in connection with our Services.
    • We may, or we may use third-party service providers to, process and store personal information in the United States and other countries.
  39. Digital Receipts. We store the email address or phone number you provide. Based upon the profile you set, we may use your email address or phone number to send you a receipt for your payments. Digital receipts may contain additional messages, offers, or links that may be of interest to you. For example, you may be able to submit feedback, share your experience on social media, view your purchase history, join programs, visit websites, or take advantage of promotions. When you submit or share information through a receipt (such as submitting feedback), we may share that information and you may receive responses. This policy does not describe the practices of third parties that may receive or collect information from you. We encourage you to ask them about their privacy practices before providing any information to them.
  40. Sharing of Information. We may share personal information about you as follows:
    • With third parties to provide, maintain, and improve our Services, including service providers who access information about you to perform services on our behalf (e.g., fraud prevention and verification services), and including financial institutions, processors, and other entities that are part of the payment or transfer process;
    • With others who have signed up for ScheduleMyRent accounts in order to provide our Services. For example, we may share information when you make or accept a payment or transfer using our Services;
    • With third parties that run advertising campaigns, contests, special offers, or other events or activities in connection with our Services;
    • In connection with, or during the negotiation of, any merger, sale of company stock or assets, financing, acquisition, divestiture, or dissolution of all or a portion of our business;
    • If we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process, or governmental request; to enforce applicable agreements or policies; to protect the security or integrity of our Services; and to protect us, our Landlords and Tenants, or the public from harm or illegal activities; and
    • We may also share aggregated, non-personally identifiable information with third parties, Landlords, and Tenants.
  41. Location Information. When you first start our Services, you may be asked to consent to the collection of location information. We currently require this location information in order to provide our Services, so if you do not consent to this collection, you cannot use our Services. If you initially consent to our collection of location information, you can subsequently stop our collection of location information at any time by changing the preferences on your device. If you do so, ScheduleMyRent may close your account.
  42. Promotional Communications. You may opt out of receiving promotional emails or text messages from ScheduleMyRent by following the instructions in those emails or text messages or in your account profile. If you opt out, we may still send you non-promotional communications, such as rent reminders and rent authorizations.
  43. Cookies. Most web browsers are set to accept cookies by default. Your browser needs to accept cookies for the Services to function properly.
  44. Personal Information. You may change or correct information about yourself or close your account by logging into your ScheduleMyRent account at any time. We may retain archived copies of information about you and your transactions for a period of time that is consistent with applicable law and bank requirements.
  45. Privacy of Others. By using the Services, you may receive information about third parties. You must keep such information confidential and only use it in connection with the Services. You may not disclose or distribute any such information or use the information for marketing purposes unless you receive the express consent of ScheduleMyRent or third party. You are solely responsible for compliance with any privacy laws applicable to your use of the Services.
  46. Your Content. In connection with your ScheduleMyRent Account, any business listing, and your use of the Services, you may be able to upload or provide photos, logos, products, promotions, advertisements and other materials or information ("Landlord Content"). You agree that you will not upload or provide any Landlord Content unless you have created that content yourself or you have permission from the content owner to do so. You grant us, our affiliates and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Landlord Content throughout the world in any media in order to provide and promote the Services and ScheduleMyRent's business. You retain all rights in your Landlord Content, subject to the rights granted to ScheduleMyRent in this Agreement. You may modify or remove your Landlord Content via your ScheduleMyRent Account or by terminating your ScheduleMyRent Account, but your Landlord Content may persist in historical, archived or cached copies and versions thereof available on or through the Services. You agree not to upload or provide Landlord Content or otherwise post, transmit, distribute, or disseminate through the Services any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches any duty toward or rights of any person or entity, including rights of publicity, privacy or trademark; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with ScheduleMyRent's or its partners' products and services, as determined by ScheduleMyRent in its sole discretion; or (f) in ScheduleMyRent's sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose ScheduleMyRent, its affiliates, its customers, or Tenants to harm or liability of any nature. You may be able to use the Services to create, manage and send marketing messages to Tenants who have elected to receive offers and updates from Landlords. ScheduleMyRent is not involved in your marketing messaging to Tenants, except for providing the Services that facilitate the creation, delivery and management of messages by you to Tenants. You (and not ScheduleMyRent) are the sponsor, sender and administrator of marketing messages you send using the Services. You are responsible for creating, managing and honoring any terms included in such messages, and for the Landlord Content of your marketing messages, even if your ScheduleMyRent Account is closed, suspended, or terminated. Messaging features available in the Services are unrelated to, and do not account for, any customer relationship activities you may have or may engage with Tenants outside of the Services. You are solely responsible for compliance with federal, state, and local laws and regulations that apply to your messages. You may not use the Services to send unsolicited bulk messages. You agree to pay the applicable Fees for use of the Services. Although ScheduleMyRent has no obligation to screen, edit, or monitor any Landlord Content, ScheduleMyRent reserves the right, and has absolute discretion, to remove, screen, edit, or disable any Landlord Content at any time and for any reason without notice. You understand that by using the Services, you may be exposed to Landlord Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Landlord Content, including any loss or damage to any of your Landlord Content.
  47. Copyright and Trademark Infringement. ScheduleMyRent respects the copyright and trademark rights of others. ScheduleMyRent has the following policy regarding claims that third party material infringes the copyrights or trademarks of others in accordance with the Digital Millennium Copyright Act and trademark laws. ScheduleMyRent responds to all valid notices of such copyright and trademark infringement, and it is ScheduleMyRent's policy to suspend or terminate the access privileges of those who repeatedly infringe the copyrights and trademarks of others.

    If you believe that third party material posted on or accessible through ScheduleMyRent's websites and services constitutes infringement of your copyright or trademark rights, please send a written notice of infringement to legal@schedulemyrent.com. The written notice must specify the nature of the copyright or trademark infringement and include the following information: (a) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) (i) with respect to copyrights, a description of the material that you claim has been infringed; or (ii) with respect to trademark rights, a description of the material you claim has been infringed, including the basis for your claim of such rights, such as a national or community trademark registration and any applicable registration number, the country or jurisdiction in which you claim such rights, and the category of goods and/or services for which you claim such rights; (c) identification of the claimed infringing material, including the location of such material on ScheduleMyRent's websites or services; (d) contact information, including the name of the owner of the copyright or trademark and your name, title, address, telephone number, and email address; (e) a statement that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright or trademark owner or authorized to act on behalf of the owner.

    By submitting an infringement notice, you acknowledge and agree that ScheduleMyRent or its designated agent may forward the information you provide in your notice to the person responsible for the allegedly infringing material.

    If your material has been removed or disabled as a result of an infringement notice and you believe such material is not infringing, or that you have the authorization or right to post and use that material from the copyright or trademark owner, that owner's agent, or pursuant to law, you may send a counter-notice to legal@schedulemyrent.com. The counter-notice must include: (a) your physical or electronic signature; (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which ScheduleMyRent may be found, and that you will accept service of process from the person who provided notification of infringement or an agent of such person. ScheduleMyRent or its designated agent will forward your counter-notification to the party who submitted the infringement claim. If the claimant does not file an action seeking a court order to restrain you from engaging in infringing activity related to the removed or disabled material within ten business days of receiving the counter-notice from ScheduleMyRent, then ScheduleMyRent may reinstate the removed or disabled material.

  48. Security. We have implemented reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
  49. Termination. If your ScheduleMyRent Account is terminated or suspended for any reason or no reason, you agree: (a) to continue to be bound by this Agreement, (b) to immediately stop using the Services, (c) that the license provided under this Agreement shall end, (d) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers, and (e) that ScheduleMyRent shall not be liable to you or any third party for termination or suspension of access to the Services or for deletion of your information or account data.
  50. Your Right to Terminate. You may terminate this Agreement and other ScheduleMyRent agreements by closing your ScheduleMyRent Account at any time. Upon closure of a ScheduleMyRent Account, any pending transactions will be cancelled. Any funds that we are holding in custody for you at the time of closure, less any applicable Fees, will be paid out to you according to your payout schedule, assuming all payout-related authentication requirements have been fulfilled. If an investigation is pending at the time you close your ScheduleMyRent Account, we may hold your funds as described herein. If you are later determined to be entitled to some or all of the funds in dispute, we will release those funds to you.
  51. Suspension or Termination by Us. We may terminate this Agreement or suspend or close your ScheduleMyRent Account for any reason or no reason at any time upon notice to you. We may also suspend the Services and access to your ScheduleMyRent Account (including the funds in your ScheduleMyRent Account) if you (a) have violated the terms of this Agreement, any other agreement you have with ScheduleMyRent, or ScheduleMyRent's policies, (b) pose an unacceptable credit or fraud risk to us, or (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct.
  52. Effect of Termination. We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Services, or in connection with any termination or suspension of the Services. Any termination of this Agreement does not relieve you of any obligations to pay any Fees or costs accrued prior to the termination and any other amounts owed by you to us as provided in this Agreement.

Section Three: Additional Legal Terms

  1. Your License. ScheduleMyRent grants you a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense, to electronically access and use the Services solely to accept payments and to manage the funds you so receive, in accordance with this Agreement. The Services include our website, programs, documentation, tools, internet-based services, components, and any updates (including service information, help content). While we want you to enjoy the Services, you may not, nor may you permit any third party to do any of the following: (i) access or monitor any material or information on any ScheduleMyRent system using any manual process or robot, spider, scraper, or other automated means; (ii) copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material or information from ScheduleMyRent; (iii) permit any third party to use and benefit from the Services via a rental, lease, timesharing, service bureau or other arrangement; (iv) transfer any rights granted to you under this Agreement; (v) violate the restrictions in any robot exclusion headers on the Services or any ScheduleMyRent service or product, work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services, except to the extent that such restriction is expressly prohibited by law; (vi) perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure; or (vii) otherwise use the Services except as expressly allowed under this section.
  2. Ownership. The Services are licensed and not sold. ScheduleMyRent reserves all rights not expressly granted to you in this Agreement. The Services are protected by patent, copyright, trademark, trade secret and other intellectual property laws. ScheduleMyRent owns the title, copyright and other worldwide Intellectual Property Rights (as defined below) in the Services and all copies of the Services. This Agreement does not grant you any rights to ScheduleMyRent's trademarks or service marks except you can list ScheduleMyRent as your vendor on websites and marketing material. For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefor and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our other products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place ScheduleMyRent under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, ScheduleMyRent does not waive any rights to use similar or related ideas previously known to ScheduleMyRent, or developed by its employees, or obtained from sources other than you.
  3. Indemnity. You will indemnify, defend, and hold us, our banks, and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys' fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement, including without limitation any violation of our policies or the Network Rules; (b) your wrongful or improper use of the Services; (c) any transaction submitted by you through the Services (including without limitation the accuracy of any Landlord Content or product, service, or transaction information that you provide or any claim or dispute arising out of products or services offered or sold by you); (d) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (e) your violation of any law, rule or regulation of the United States or any other country; (f) any other party's access and/or use of the Services with your unique name, password or other appropriate security code.
  4. Representation and Warranties. You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are eligible to register and use the Services and have the right, power, and ability to enter into and perform under this Agreement; (c) the name identified by you when you registered is your name or business name under which you lease properties and provide services; (d) any transaction submitted by you will represent a bona fide transaction by you; (e) any transactions submitted by you will accurately describe the lease and goods and/or services sold and delivered to a Tenant; (f) you will fulfill all of your obligations to each Tenant for which you submit a transaction and will resolve any consumer dispute or complaint directly with the Tenant; (g) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business and employees, including any applicable tax, wage and hour, and tip laws and regulations; (h) except in the ordinary course of business, no transaction submitted by you through the Services will represent a sale to any principal, partner, proprietor, or owner of your entity; (i) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services; (j) no transaction submitted by you through the Services will involve your bank account; and (k) your use of the Services will be in compliance with this Agreement.
  5. No Warranties. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SCHEDULEMYRENT OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, SCHEDULEMYRENT, IT'S BANKS, ITS PROCESSORS, SERVICE PROVIDERS, SUPPLIERS, AND LICENSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. SCHEDULEMYRENT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SCHEDULEMYRENT WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
  6. Limitations of Liability and Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SCHEDULEMYRENT, ITS BANKS, ITS PROCESSORS, SERVICE PROVIDERS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, OR EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL SCHEDULEMYRENT BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR SCHEDULEMYRENT ACCOUNT, OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SCHEDULEMYRENT, ITS BANKS, ITS PROCESSORS, SERVICE PROVIDERS, SUPPLIERS, AND LICENSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE SERVICE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR DATA OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR DATA POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) LANDLORD CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL SCHEDULEMYRENT, ITS BANKS, ITS PROCESSORS, SERVICE PROVIDERS, AGENTS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, OR EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT OF FEES EARNED BY SCHEDULEMYRENT IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SCHEDULEMYRENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. The Services are controlled and operated from facilities in the United States. ScheduleMyRent makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.
  7. Third Party Products. All third party products included or sold with the Services are provided solely according to the warranty and other terms specified by the provider, who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the provider directly. SCHEDULEMYRENT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL SCHEDULEMYRENT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR COVER DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIRD PARTY PRODUCTS OR ANY AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU FOR THE PRODUCT THAT GIVES RISE TO ANY CLAIM.
  8. Disputes. If a dispute of any kind arises, we want to understand and address your concerns quickly and to your satisfaction. Please contact ScheduleMyRent support and legal@ScheduleMyRent.com with any dispute. If we cannot resolve your concerns, we agree to an informal and inexpensive dispute resolution process requiring individual arbitration. "Dispute" means any claim, controversy, or dispute (whether involving contract, tort, equitable, statutory, or any other legal theory) between you and ScheduleMyRent including but not limited to any claims relating in any way to this Agreement (including its breach, termination, or interpretation), any other aspect of our relationship, ScheduleMyRent advertising, and any use of ScheduleMyRent software or services. "Dispute" also includes any claims that arose before this Agreement and that may arise after termination of this Agreement.
  9. Binding Individual Arbitration. You and ScheduleMyRent agree to arbitrate all Disputes. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON A INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST SCHEDULEMYRENT. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (www.adr.org) according to this provision and the applicable arbitration rules. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration. The Federal Arbitration Act, 9 U.S.C. ยงยง 1-16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside. Otherwise, any arbitration hearing will occur in Albuquerque, New Mexico, or another mutually agreeable location. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The prevailing party may recover legally entitled attorneys' fees as decided by the arbitrator. For purposes of this arbitration provision, references to you and ScheduleMyRent also include respective affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of ScheduleMyRent Services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City of Albuquerque and County of Bernalillo, New Mexico, or federal court for the District of New Mexico.
  10. Governing Law. This Agreement and any Dispute will be governed by New Mexico law and/or applicable federal law (including the Federal Arbitration Act) as applied to agreements entered into and to be performed entirely within New Mexico, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction.
  11. Limitation on Time to Initiate a Dispute. Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.
  12. Right to Amend. We have the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Services with notice that we in our sole discretion deem to be reasonable in the circumstances, including such notice on our website at ScheduleMyRent.com or any other website maintained or owned by us for the purposes of providing services in terms of this Agreement. Any use of the Services after our publication of any such changes shall constitute your acceptance of this Agreement as modified. However, any Dispute that arose before the modification shall be governed by the Agreement (including the binding individual arbitration clause) that was in place when the Dispute arose.
  13. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ScheduleMyRent without restriction.
  14. Third Party Services and Links to Other Web Sites. You may be offered services, products and promotions provided by third parties and not by ScheduleMyRent ("Third Party Services"). If you decide to use these Third Party Services you will be responsible for reviewing and understanding the terms and conditions associated with these services. You agree that ScheduleMyRent is not responsible for the performance of these services. The Services may contain links to third party websites as a convenience to you. The inclusion of any website link does not imply an approval, endorsement, or recommendation by ScheduleMyRent. You agree that you access any such website at your own risk, and that the website is not governed by the terms and conditions contained in this Agreement. ScheduleMyRent expressly disclaims any liability for these websites. Please remember that when you use a link to go from the Services to a third party website, our Privacy Policy is no longer in effect. Your browsing and interaction on a third party website, including those that have a link in the Services is subject to that website's own rules and policies.
  15. Other Provisions. Except as expressly provided in this Agreement, these terms are a complete statement of the agreement between you and ScheduleMyRent, and they describe the entire liability of ScheduleMyRent and its processors, its banks, service providers, suppliers, and licensors (and their respective affiliates, agents, directors, and employees) and your exclusive remedy with respect to your access and use of the Services. In the event of a conflict between this Agreement and any other ScheduleMyRent agreement or policy, this Agreement shall prevail on the subject matter of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. The Agreement does not limit any rights that ScheduleMyRent may have under trade secret, copyright, patent, or other laws. ScheduleMyRent's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
  16. Real Estate. We are not a real estate agent or broker. We don't screen properties or listings or offer any guaranty or advice regarding the suitability of properties, landlords, or potential tenants. Nothing we say should be construed as such advice, and you agree not to rely on us in making decisions.
  17. Fair-Housing. You agree that you are familiar with all applicable fair-housing and antidiscrimination laws and that you will adhere to them.
  18. Survival. In addition to any provision that is reasonably necessary to accomplish or enforce the purpose of this Agreement, the following sections of this Agreement survive and remain in effect in accordance with their terms upon the termination of this Agreement: 17, 19-25, 28, 29, 31-37, 50, 51, 58-74.