Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CLICKING “ACCEPTED AND AGREED TO,” USER AGREES TO THESE TERMS AND CONDITIONS.
These Terms of Service constitute an agreement (this “Agreement”) by and between the Users of this website, including but not limited to, Rent Synergy (“Rent Synergy”), all Lessees, and the Landlord (both, Landlord and lessees shall be collectively referred to as “Users”) referenced in the Property Owner Lease Agreement and the Texas Lease Agreement (both, collectively referred to as the “Lease Agreements”) and shall cover the services specified to be provided in the Lease Agreement. This Agreement is effective as of the date user clicks “Accepted and Agreed To” (the “Effective Date”). Alternatively, use of this site shall constitute assent to the terms and conditions of the website. Use of the system (as defined below in Section 1.1) is governed by this Agreement.
EACH PARTY ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AGREES TO BE BOUND BY ITS TERMS, AND THAT THE PERSON SIGNING ON ITS BEHALF HAS BEEN AUTHORIZED TO DO SO.
- Cloud Services Agreement with Users
- During the term of this Agreement, users through its officers, directors, shareholders, and employees may access and use services, sites, products, mobile applications, desktop applications, or software operated by Rent Synergy (“Services”) pursuant to this Agreement and Rent Synergy's Acceptable Use Policy. Services are limited to what is provided under “Product” as described in this Agreement and on the Rent Synergy's website. The “Product” includes software and services that enables the Landlord to onboard lessees of particular rental properties, communicate with lessees, track legal documents, and accounting of funds, and other related services that enable the Landlord to administer its rental property business. It enables other Users to communicate with the Landlord and track maintenance requests. Rent Synergy does not commit to nor will provide any professional accounting or legal services under this Agreement. Rent Synergy's Acceptable Use Policy is currently in Section 4.2 but may be added and/or updated.
- Upon Effective Date, Landlord may access and use Services for thirty (30) days (a “Subscription Period”).
This Agreement shall automatically renew at the then-current rates at the end of a Subscription Period for a further Subscription Period (the “Following Subscription Period”) unless the Services are cancelled or terminated under this Agreement or under related agreements signed in connection with the utilization of the Services (such as the Lease Agreement).
Additional cancellation or renewal terms may be provided to the users on the website for the Services.
- Rent Synergy reserves all other rights in the Services. Rent Synergy retains all right, title, and interest in and to the Services; including without limitation all computers, other hardware, software, logos and trademarks incorporated into, used by, to provide, or reproduced through the Services. This Agreement does not grant Users any intellectual property rights in the Services or any of its components.
Payment Terms. For Services offered on a payment or subscription basis, the following terms apply, unless Rent Synergy notifies Landlord otherwise in writing. Landlord shall pay Rent Synergy a “Subscription Fee” (also referred to as a “Service Charge” in the Lease Agreement) for each Subscription Period for each Property. No new Subscription Period will go into effect unless such payment is prior to the scheduled Subscription Period.
Changes in Fees. Rent Synergy may change the fees for the Services at any time or impose additional fees or charges. Such changes will become effective as of the Following Subscription Period. Landlord agrees to the change in fees by utilization of the Services in the Following Subscription Period.
Billing. Payments will be billed to Landlord in U.S. dollars when a Subscription Period begins (“Payment Date”), and Landlord’s account will be debited when Landlord subscribes and provides payment information, unless stated otherwise in the payment terms on the website for the Services.
Payment Method. Payment Method is specified in the Lease Agreement. In the event that particular method of payment is not sufficient to render amounts due, Landlord must pay the remainder amounts due via the following:
A valid credit card acceptable to Rent Synergy;
A valid debit card acceptable to Rent Synergy; or
Sufficient funds in a checking or savings account to cover an electronic debit of the payment due.
Refund Policy. Payments are non-cancelable and are non-refundable. For clarity, if either Party cancels Services prior to the conclusion of a subscription period, Landlord will remain responsible for payment for all subscription fees through the conclusion of the Subscription Period in which the Landlord canceled Services.
Payment Information. If Landlord payment and registration information is not accurate, current, and complete and Landlord does not notify Rent Synergy promptly when such information changes, Rent Synergy may suspend or terminate Landlord’s account and refuse any use or access to Services until the payment and registration information is accurate, current, and complete.
Overdue Charges. If Landlord payment is thirty (30) or more days overdue from Payment Date, Rent Synergy may, without limiting other rights and remedies, accelerate Landlord payment obligations under this Agreement so that Landlord obligations become immediately due and payable, and suspend Services to Landlord until such amounts are paid in full (“Acceleration and Suspension”). Rent Synergy will communicate the Acceleration and Suspension via notice to Landlord’s provided email. Rent Synergy will be within its full rights to terminate any Lease Agreements with the Landlord and assign the Lease Agreement to Landlord and lessee.
Payment Disputes. Rent Synergy will not exercise rights under Section 2.7 (Overdue Charges) if Landlord disputes the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.
- User’s Responsibilities and Restrictions
Content Restrictions. User agrees to not use, nor permit any third party to use the Services to upload, post, distribute, link to, publish, reproduce, engage in, or transmit any of the following, including but not limited to:
Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
Content that would impersonate someone else or falsely represent User’s identity or qualifications, or that constitutes a breach of any individual's privacy;
Except as permitted by Rent Synergy in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
Virus, trojan horse, worm or other disruptive or harmful software or data; and
Any information, software, or User Data that is not legally yours and without permission from the copyright owner or intellectual property rights owners.
- Acceptable Use. User shall comply with the Acceptable Use Policy. User shall not:
- Use Services in any way to allow third parties to exploit the Services;
- Provide Service passwords or other log-in information to any third party;
- Share non-public Service features or content with any third party;
- Access the Services in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the Services, or to copy any ideas, features, functions or graphics of the Services; or
- Engage in web scraping or data scraping on or related to the Services, including without limitation collection of information through any software that simulates human activity or any bot or web crawler. In the event that it suspects any breach of the requirements of this Section 4.2, including without limitation by Users, Rent Synergy may suspend Landlord’s access to the Services without advanced notice, in addition to such other remedies as Rent Synergy may have. Neither this Agreement nor the Acceptable Use Policy requires that Rent Synergy take any action against Landlord or any User or other third party for violating the Acceptable Use Policy, this Section 4.2, or this Agreement, but Rent Synergy is free to take any such action it sees fit.
- Unauthorized Access. User shall take reasonable steps to prevent unauthorized access to the Services, including without limitation by protecting its passwords and other log-in information. User shall notify Rent Synergy immediately of any known or suspected unauthorized use of the Services or breach of its security and shall use best efforts to stop said breach.
- Compliance with Laws. In its use of the Services, User shall comply with all applicable laws, including without limitation laws governing the protection of personally identifiable information and other laws applicable to the protection of User Data.
- Users & System Access. User is responsible and liable for: (a) User and user’s agent’s use of Services, including without limitation unauthorized User conduct and any User conduct that would violate the Acceptable Use Policy or the requirements of this Agreement applicable to User; and (b) any use of the Services through User’s account, whether authorized or unauthorized.
- Intellectual Property
IP Rights to the Services. Rent Synergy retains all right, title, and interest in and to the Services, including without limitation all software used to provide the Services and all graphics, user interfaces, logos, and trademarks reproduced through the Services. This Agreement does not grant User any intellectual property license or rights in or to the Services or any of its components. User recognizes that the Services and its components are protected by copyright and other laws.
- Confidential Information
“Confidential Information” refers to the following items Rent Synergy discloses to User: (a) any document Rent Synergy marks “Confidential”; (b) any information Rent Synergy orally designates as “Confidential” at the time of disclosure, provided Rent Synergy confirms such designation in writing within 30 business days; (c) any materials, oral or written, provided for the purpose of training and onboarding the User, whether or not marked or designated confidential; and (d) any other nonpublic, sensitive information such as the Services source code and software design that the User should reasonably consider a trade secret or otherwise confidential. Notwithstanding the foregoing, Confidential Information does not include information that: (i) is in User’s possession at the time of disclosure; (ii) is independently developed by User without use of or reference to Confidential Information; (iii) becomes known publicly, before or after disclosure, other than as a result of User’s improper action or inaction; or (iv) is approved for release in writing by User. User is on notice that the Confidential Information may include Rent Synergy's valuable trade secrets.
Nondisclosure. User shall not use Confidential Information for any purpose other than to use or access the Service under the terms of this Agreement (the “Purpose”).
User shall not disclose Confidential Information to any employee or contractor of User unless such person needs access in order to facilitate the Purpose and executes a nondisclosure agreement with Landlord with terms no less restrictive than those of this Article 7; and
User shall not disclose Confidential Information to any other third party without Rent Synergy's prior written consent. Without limiting the generality of the foregoing, User shall protect Confidential Information with the same degree of care it uses to protect its own confidential information of similar nature and importance, but with no less than reasonable care. User shall promptly notify Rent Synergy of any misuse or misappropriation of Confidential Information that comes to User’s attention. Notwithstanding the foregoing, User may disclose Confidential Information as required by applicable law or by proper legal or governmental authority. User shall give Rent Synergy prompt notice of any such legal or governmental demand and reasonably cooperate with Rent Synergy in any effort to seek a protective order or otherwise to contest such required disclosure, at Rent Synergy's expense.
User shall refrain from directly or indirectly acquiring any interest in, or designing, creating, manufacturing, selling, or otherwise dealing with any item or product containing Confidential Information received by User under this Agreement.
User shall not copy, reproduce in any form or store in a retrieval system or database Confidential Information without the prior written consent of Rent Synergy, except for such copies and storage as may reasonably be required internally by User for the Purpose.
User shall, upon request of Rent Synergy, immediately return the Confidential Information and all copies thereof in any form whatsoever under the power or control of User to Rent Synergy, and delete the Confidential Information from all retrieval systems and databases or destroy same as directed by Rent Synergy and furnish to Rent Synergy a certificate by an officer of User of such deletion or destruction if requested by Rent Synergy.
Injunction. User agrees that breach of this Article 7 would cause Rent Synergy irreparable injury, for which monetary damages would not provide adequate compensation, and that in addition to any other remedy, Rent Synergy will be entitled to injunctive relief against such breach or threatened breach, without proving actual damage or posting a bond or other security.
Termination & Return. With respect to each item of Confidential Information, the obligations of Section 6.2 above (Nondisclosure) will terminate immediately after the date of disclosure; provided that such obligations related to Confidential Information constituting Rent Synergy's trade secrets will continue so long as such information remains subject to trade secret protection pursuant to applicable law. Upon termination of this Agreement, User shall return all copies of Confidential Information to Rent Synergy or certify, in writing, the destruction thereof.
Retention of Rights. This Agreement does not transfer ownership of Confidential Information or grant a license thereto. Rent Synergy will retain all right, title, and interest in and to all Confidential Information.
Exception & Immunity. Pursuant to the Defend Trade Secrets Act of 2016, 18 USC Section 1833(b), Recipient is on notice and acknowledges that, notwithstanding the foregoing or any other provision of this Agreement:
- Immunity. An individual shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that- (A) is made- (i) in confidence to a Federal, State, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
- Use of Trade Secret Information in Anti-Retaliation Lawsuit. An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding, if the individual- (A) files any document containing the trade secret under seal; and (B) does not disclose the trade secret, except pursuant to court order.
- Representations and Warranties
From Rent Synergy. Rent Synergy represents and warrants that it is the owner of the Services and of each and every component thereof, or the recipient of a valid license thereto, and that it has and will maintain the full power and authority to grant the rights granted in this Agreement without the further consent of any third party. Rent Synergy's representations and warranties in the preceding sentence do not apply to use of the Services in combination with hardware or software not provided by Rent Synergy. In the event of a breach of the warranty in this Section 7.1, Rent Synergy, at its own expense, shall promptly take the following actions: (a) secure for User the right to continue using the System; (b) replace or modify the System to make it non-infringing; or (c) terminate the infringing features of the Service and refund to User any prepaid fees for such features, in proportion to the portion of the Subscription Period left after such termination. In conjunction with User’s right to terminate for breach where applicable, the preceding sentence states Rent Synergy's sole obligation and liability exposure, and User’s sole remedy, for breach of the warranty in this Section 7.1 and for potential or actual intellectual property infringement by the Services.
From User. User represents and warrants that: (a) it has the full right and authority to enter into, execute, and perform its obligations under this Agreement and that no pending or threatened claim or litigation known to it would have a material adverse impact on its ability to perform as required by this Agreement; (b) it has accurately identified itself and it has not provided any inaccurate information about itself to or through the System; and (c) it is a corporation, the sole proprietorship of an individual 18 years or older, or another entity authorized to do business pursuant to applicable law.
Warranty Disclaimers. Except to the extent set forth in Section 7.1 above, USER ACCEPTS THE SYSTEM “AS IS” AND AS AVAILABLE, WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (a) RENT SYNERGY HAS NO OBLIGATION TO INDEMNIFY OR DEFEND RENT SYNERGY OR USERS AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY; (b) RENT SYNERGY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL PERFORM WITHOUT INTERRUPTION OR ERROR; AND (c) RENT SYNERGY DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM IS SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT USER DATA WILL REMAIN PRIVATE OR SECURE.
Specific Indemnification Related to Technology. User shall defend, indemnify, hold harmless Rent Synergy and the Rent Synergy Associates (as defined below) against any “Indemnified Claim,” meaning any third party claim, suit, subpoena, discovery request, or proceeding arising out of or related to User’s alleged or actual use of, misuse of, or failure to use the Service, including without limitation: (a) claims by Users; (b) claims related to unauthorized disclosure or exposure of personally identifiable information or other private information, including Users; (c) claims related to infringement or violation of a copyright, trademark, trade secret, or privacy or confidentiality right by written material, images, logos or other content uploaded to the Service through User’s account, including without limitation by User Data; and (d) claims that use of the Service through User’s account harasses, defames, or defrauds a third party or violates the CAN-Spam Act of 2003 or any other law or restriction on electronic advertising. Indemnified Claims include, without limitation, claims arising out of or related to Rent Synergy's negligence. User’s obligations set forth in this Article include Rent Synergy's retention and payment of attorneys and payment of court costs, as well as settlement at User’s expense and payment of judgments. Rent Synergy will have the right, not to be exercised unreasonably, to reject any settlement or compromise that requires that it admit wrongdoing or liability or subjects it to any ongoing affirmative obligations. (The “Rent Synergy Associates” are Rent Synergy's officers, directors, shareholders, parents, subsidiaries, agents, successors, and assigns.).
Exclusive Defense Option. Rent Synergy reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Indemnified Claim against it. User agrees to reasonably cooperate as requested by Rent Synergy in defense of any Claims.
LIMITATION OF LIABILITY.
Dollar Cap. See the Lease Agreement.
Exclusion of Consequential Damages. See the Lease Agreement.
ADDITIONAL CLARIFICATIONS AND LIABILITIES SPECIFIC TO THE UTILIZATION OF SOFTWARE. THE LIABILITIES LIMITED BY THIS ARTICLE APPLY TO THE UTILIZATION OF RENT SYNERGY SOFTWARE: (a) TO LIABILITY FOR NEGLIGENCE; (b) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (c) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET Rent Synergy REQUIREMENTS; (d) EVEN IF RENT SYNERGY IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (e) EVEN IF USER’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits the application of the provisions of this Article, Rent Synergy's liability will be limited to the maximum extent permissible. For the avoidance of doubt, Rent Synergy's liability limits and other rights set forth in this Article apply likewise to Rent Synergy's affiliates, licensors, suppliers, advertisers, agents, sponsors, directors, officers, employees, consultants, and other representatives.
- Term & Termination.
Term. The term of this Agreement (the “Term”) will commence on the Effective Date and continue for a Subscription Period. Thereafter, the Term will renew for successive Subscription Periods, unless either party refuses such renewal by written notice 30 or more days before the renewal date.
Termination for Cause. Either party may terminate this Agreement for the other’s material breach by written notice specifying in detail the nature of the breach, effective in 30 days unless the other party first cures such breach, or effective immediately if the breach is not subject to cure.
Illegal Activity. Rent Synergy may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services effective immediately, in whole or in part, for suspicion of fraud, security, illegal activity or unauthorized access issues to protect the integrity of our Services or systems and comply with applicable Rent Synergy policy, or if User fails to comply with this Agreement or if User no longer agrees to receive electronic communications.
Effects of Termination. Upon termination of this Agreement, User shall cease all use of the System and delete, destroy, or return all copies of any materials sent by Rent Synergy in its possession or control. The following provisions will survive termination or expiration of this Agreement: (a) any obligation of Landlord to pay fees incurred before termination; (b) Articles and Sections 6 (IP & Feedback), 7 (Confidential Information), 8.3 (Warranty Disclaimers), 9 (Indemnification), and 10 (Limitation of Liability); and (c) any other provision of this Agreement that must survive to fulfill its essential purpose.
- Customer Record Language
Independent Contractors. The parties are independent contractors and shall so represent themselves in all regards. Neither party is the agent of the other, and neither may make commitments on the other’s behalf.
Notices. Rent Synergy may send notices pursuant to this Agreement to User’s email contact points provided by User, and such notices will be deemed received 24 hours after they are sent. User may send notices pursuant to this Agreement to Rent Synergy's listed email address, and such notices will be deemed received 7 business days after they are sent.
Communications. Rent Synergy may be required by law or to effectuate this Agreement to send you communications about the Services or Third Party Products. You agree that Rent Synergy may send these communications to you via email or by posting them on Rent Synergy website.
Force Majeure. No delay, failure, or default, other than a failure to pay fees when due, will constitute a breach of this Agreement to the extent caused by acts of war, terrorism, hurricanes, earthquakes, other acts of God or of nature, strikes or other labor disputes, riots or other acts of civil disorder, embargoes, or other causes beyond the performing party’s reasonable control.
Assignment & Successors. User may not assign this Agreement or any of its rights or obligations hereunder without Rent Synergy's express written consent. Except to the extent forbidden in this Section 11.4, this Agreement will be binding upon and inure to the benefit of the parties’ respective successors and assigns.
Severability. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause or sentence of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.
No Waiver. Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an authorized representative in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any other breach of this Agreement.
Choice of Law & Jurisdiction: This Agreement and all claims arising out of or related to this Agreement will be governed solely by the internal laws of the State of Texas, including without limitation applicable federal law, without reference to: (a) any conflicts of law principle that would apply the substantive laws of another jurisdiction to the parties’ rights or duties; (b) the 1980 United Nations Convention on Contracts for the International Sale of Goods; or (c) other international laws. The parties consent to the personal and exclusive jurisdiction of the federal and state courts of Dallas, Texas. This Section 12.7 governs all claims arising out of or related to this Agreement, including without limitation tort claims.
Technology Export. User shall not: (a) permit any third party to access or use the System in violation of any U.S. law or regulation; or (b) export any software provided by Rent Synergy or otherwise remove it from the United States except in compliance with all applicable U.S. laws and regulations. Without limiting the generality of the foregoing, User shall not permit any third party to access or use the System in, or export such software to, a country subject to a United States embargo as of Effective Date.
Entire Agreement. This Agreement sets forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to its subject matter. Neither party has relied upon any such prior or contemporaneous communications.
- Construction. EXCEPT AS IT PERTAINS TO THE SPECIFIC CLAIMS INDEMNIFIED HEREIN OF WHICH SHALL NOT IN ANYWAY BE CONSTRUED TO LIMIT ADDITIONAL INDEMNIFICATION PROVISIONS IN THE LEASE AGREEMENT, this Agreement shall only be construed and limited to the extent it governs the services to be provided under the Lease Agreement by Rent Synergy and to the extent it governs the User’s use of the Rent Synergy Services. The Lease Agreement shall control to the extent that this Agreement is argued to conflict with this Agreement.
12. Questions? Comments? Concerns?
To ask questions or comment about this policy, please contact us at: firstname.lastname@example.org