RENTAL HOUSING NETWORK TERMS AND CONDITIONS OF MEMBERSHIP
The below terms and conditions comprise a binding agreement between you, the member, and Rental Housing Network, Inc., a California corporation, the proprietor of the www.rentalhousingnetwork.com website. You must agree to these terms and conditions in order to be entitled to the benefits of membership.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY:
1. YOUR CERTIFICATION TO RENTAL HOUSING NETWORK:
By indicating your assent to the terms and conditions of this membership agreement, you hereby certify under penalty of perjury to Rental Housing Network as follows:
a) You are at least 18 years of age and are in all respects qualified and competent to enter into this Agreement.
b) All Rental Housing Network forms and instructions that you view, download or print are for your own use in the operation of a California residential landlord of property management business and will not be reused or resold in any manner.
c) You operate as a California residential landlord or a property management business, and will use the products and services provided by Rental Housing Network, in a manner that complies with all federal, state or local laws; the rental housing that you provide to tenants complies with the warranty of habitability (California Civil Code §1941 et seq.); and you do not engage in discrimination in the screening and selection of tenants, terms and conditions of the tenancy, or termination of tenants’ occupancy rights, based on race, color, ethnicity, national origin, ancestry, religion, gender (including gender identity, appearance and behavior), marital status, family status, age, sexual orientation, source of income, or disability or medical condition, or otherwise violate the Americans with Disabilities Act (42 USC §12101, et seq., as amended to date, the Fair Housing Act (42 USC §§3601-3631), the California Fair Employment and Housing Act (Govt. C. §§12900-12996), California Civil Code §54.1 and §1940.3, and the Unruh Civil Rights Act (California Civil Code §51).
d) You understand that if you use the services of www.RentalHousingNetwork.com
in violation of the Rental Housing Network Terms and Conditions of Membership, you may be in violation of local and federal laws and your Rental Housing Network membership may be suspended or terminated.
e) All of the information that you provide to Rental Housing Network regarding you as a residential landlord or property management business shall be true, correct, and complete; if any information you provide to Rental Housing Network would be misleading if not clarified, you will promptly clarify the information provided.
2. MANNER OF INDICATING CONSENT. Your consent to be bound by these terms and conditions shall be indicated by clicking on the “I Accept” button, below.
3. CHANGES IN TERMS AND CONDITIONS. Rental Housing Network may change the Terms and Conditions of your membership at any time, and any such changes shall be effective upon notice to you. Notice may be given to you personally, by first class mail, by overnight mail or delivery service, by electronic mail, or by posting notice of changes in terms of membership prominently on the RentalHousingNetwork.com website for a period of 30 continuous days. If you do not wish to consent to any changes you must promptly give Rental Housing Network notice of cancellation of your membership.
4. MEMBERSHIP FEES AND CHARGES. You agree to pay Rental Housing Network the following membership fees and charges:
a) Regular memberships in Rental Housing Network are offered at a annual fee rate. Yearly membership rates, upon any cancellation of your membership by you, or by Rental Housing Network without cause, prior to expiration of its term, you will receive a partial refund, provided, however, that your membership fee will be recalculated at the monthly rate for the period of time since you commenced or last renewed your membership, whichever last occurred, with only the difference between that recalculated rate and the fee amount actually paid be you to be refunded by Rental Housing Network. Refunds, at Rental Housing Network’s election, may be by a credit to your credit card account provided to Rental Housing Network or by a check mailed to your address contained in Rental Housing Network’s records.
b) If Rental Housing Network provides enhanced content, merchandise or other services that require additional fees or charges, you agree to be solely responsible for paying those fees and charges. Rental Housing Network agrees to label merchandise offers or portions of the website that require you to pay an additional fee or charge with a notice to that effect.
c) Rental Housing Network membership fees are automatically renewed at the end of the member's original membership term and each term thereafter, for a like period of time, unless a cancellation notice from the member is received seven (7) days or more prior to expiration of the current term. Unless you timely cancel your membership, you authorize Rental Housing Network to charge the membership renewal fee to your credit card account provided to Rental Housing Network.
d) You are personally liable for all membership fees and other charges incurred by you arising out of your membership in Rental Housing Network. You hereby authorize Rental Housing Network to charge all membership fees and other charges incurred by you to the credit card account that you have provided to Rental Housing Network at commencement of your membership. You agree to provide Rental Housing Network with a new credit card account number upon cancellation or termination of, or any decline of the charge arising out of any charge by Rental Housing Network to, the credit card account you have previously provided to Rental Housing Network for billing purposes. Upon your providing Rental Housing Network with any new or substitute credit card account number, you thereby authorize Rental Housing Network to bill all due and unpaid membership fees and other charges incurred by you to that credit card account.
e) Rental Housing Network my cancel your membership at any time, with or without cause, upon notice to you. “Cause” shall mean, without limitation, a breach by you of any of the terms and provisions of this membership agreement. In the event of a termination of your membership by Rental Housing Network for cause, you shall destroy all contents of the Rental Housing Network website downloaded, printed or otherwise obtained by you.
5. ACCESS TO THE WEBSITE. You are responsible for providing all personal computer and communications equipment necessary to gain access to and use the Rental Housing Network website. Access to and use of the Rental Housing Network website is through a combination of username and a password. REMEMBER YOUR PASSWORD! For security reasons, Rental Housing Network will not release passwords for any reason, except as may be specifically required by law or court order. Each member must keep his or her password strictly confidential. You agree not to share, transfer or sell your username or password used to access Rental Housing Network to any other person or entity. It is your responsibility to promptly notify Rental Housing Network of any loss, theft, or unauthorized disclosure or use of your username or password. Until Rental Housing Network is notified of any such loss, theft or unauthorized disclosure, you will remain liable for the consequences of any resulting access to or use of the Rental Housing Network website.
6. LIMITED LICENSE. During the term of your membership in Rental Housing Network, you are hereby granted a license to download or print copies of any of the leasing, contract and related forms displayed on the Rental Housing Network website and use them in the operation of your California residential landlord or property manager business only. As to all materials downloaded or printed from the Rental Housing Network website, you shall not: a) use them for any public display, performance, sale, license or rental; b) remove or modify or alter any copyright or other proprietary notice or trademark therefrom; or c) transfer any such materials to any other person or entity. The contents of the Rental Housing Network website are for the use and enjoyment of members in operating their California residential landlord or property management businesses only; any other use is prohibited. Rental Housing Network reserves the right to terminate this license at any time if you breach or violate any provision of this membership agreement, in which case you will be obligated to immediately cease using the information or materials you have downloaded, printed or otherwise copied from this site and destroy all unused lease, contract or related forms. Rental Housing Network reserves all other rights coincident or related to this site.
7. TRADEMARKS. "Rental Housing Network" is a service mark and trademark of Rental Housing Network, Inc., and may be used publicly only with the express written permission of Rental Housing Network. Other trademarks and service marks featured on the Rental Housing Network website are displayed pursuant to licenses obtained from the owners and/or holders of those trademarks and service marks, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks.
8. COPYRIGHTS. Except for public domain material and electronic messages, all materials on the Rental Housing Network website are protected by federal copyright laws and are protected under treaty provisions and worldwide copyright laws. Materials contained in any part of the Rental Housing Network website may not be reproduced, copied, edited, published, transmitted or uploaded in any way without the written permission of Rental Housing Network, except as expressly permitted under these Rental Housing Network Terms and Conditions of Membership. Except as expressly stated in the Limited License provision of this membership agreement, Rental Housing Network does not grant any express or implied right to you under any of its trademarks, service marks, copyrights or other proprietary information.
9. ACCEPTABLE USE. A portion of the Rental Housing Network website is or may be maintained for "chat" entertainment purposes only. A portion of the Rental Housing Network website is or may be maintained for posting of membership “bulletin board” message purposes only. Although Rental Housing Network is unable to control third party content of these portions of the Rental Housing Network website, it is Rental Housing Network's policy to prohibit members or other users from posting infringing, defamatory, libelous, obscene or otherwise unlawful material, or any material deemed excessively violent, racially offensive, harassing or otherwise objectionable. Any transmission or distribution by you through use of the Rental Housing Network website of any material that violates any federal, state, local, or international law, is prohibited and is a breach of this membership agreement. You agree not to post any prohibited or unlawful material on any part of the Rental Housing Network website and agree to indemnify and defend Rental Housing Network and its representatives for any claims or suits, whether civil, criminal or otherwise, arising from your use of this site. Members shall not disseminate advertisements or otherwise solicit other members to buy or sell any products or services through Rental Housing Network except California residential housing that is owned or managed by you without the prior written consent of Rental Housing Network. Members shall not use the Rental Housing Network website to run Maillist, Listserv, or any form of autoresponder. Processes that run or are activated while the member is not logged on are prohibited. Continued harassment of any kind directed towards Rental Housing Network or other individuals on the Internet after being asked to stop by those individuals or Rental Housing Network is prohibited. Rental Housing Network reserves the right to monitor and delete any postings deemed inconsistent with the policies described herein. If you are aware of any such material posted on this site, please notify Rental Housing Network at the address for notices set forth in this membership agreement. Please provide as much detail as possible, including a copy of the offending or infringing information or material, the location where Rental Housing Network or its representatives may find the offending or infringing information or material, the reasons(s) such postings should be removed and a statement, signed under penalty of perjury, certifying the accuracy of the information provided to Rental Housing Network. To the extent any notice is based on an alleged copyright or trademark violation, please provide copies of applicable state or federal registration certificates. Rental Housing Network and its representatives may monitor content online, but in no event do they assume any particular obligation to do so or liability for failing to remove specific content.
10. COMMUNICATIONS NOT PRIVATE. Rental Housing Network does not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to Rental Housing Network shall be deemed to be readily accessible to the general public. Members or other users should not use Rental Housing Network to transmit any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered into Rental Housing Network can and may be read by the operators of the Rental Housing Network website, regardless of whether or not the operators are the intended recipients of such messages.
11. DISCLAIMER / LIMITATION OF LIABLITY. THE MATERIALS ON Rental Housing Network’s WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. Rental Housing Network OFFERS NO WARRANTY OR OTHER ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE. Rental Housing Network DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THIS WEB SITE. Rental Housing Network MAY CHANGE ANY OF THE INFORMATION FOUND AT THIS SITE AT ANY TIME WITHOUT NOTICE. Rental Housing Network MAKES NO COMMITMENT TO UPDATE THE INFORMATION FOUND AT THIS SITE. IN NO EVENT SHALL Rental Housing Network BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIAL OR INFORMATION AVAILABLE ON THIS SITE, EVEN IF Rental Housing Network HAS BEEN ADVISED OF SUCH DAMAGES. ANY LIABILITY OF Rental Housing Network, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OR ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE MEMBER TO Rental Housing Network DURING THE 12 MONTHS PRECEDING THE DATE OF THE INCIDENT GIVING RISE TO LIABILITY. (BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.)
12. MEMBERSHIP RECORDS. You agree to: a) promptly inform Rental Housing Network of any changes in your business or billing address; b) at all times during your membership provide Rental Housing Network with a current, valid credit card account number held in your name and billed to the business or billing address that you have provided to Rental Housing Network, with a sufficient unused credit limit to accept charges for your membership fees and all other fees and charges arising out of your use of the Rental Housing Network website; and c) on demand, provide Rental Housing Network with documentation verifying that you are 18 years of age or older, such as a true and accurate copy of a driver’s license, state photo identification card or passport.
a) Rental Housing Network gathers member names, addresses and telephone numbers for billing purposes. Rental Housing Network gathers member electronic mail addresses for notice purposes. As the Rental Housing Network website grows, Rental Housing Network may offer promotions or third party offers.
b) Rental Housing Network asks for demographic information of our members so that we may better assess the makeup of our membership. This information helps Rental Housing Network develop this site to better suit the needs of our members. Provision of this information by members is always optional.
c) Except as posted by you for dissemination through the website, Rental Housing Network will not voluntarily disclose or transfer your name, address, telephone number, electronic mail address or other information that would specifically identify you to any third party, except when ordered or compelled to do so pursuant to a subpoena, warrant, court order or other law or legal process, on advice of our legal counsel, or as may be necessary to investigate any actual or possible breach by you of the terms or provisions of this membership agreement.
d) Rental Housing Network will make a good faith effort to prevent any involuntary (e.g., loss, theft, hacker penetration of Rental Housing Network’s website or computer equipment) or other unauthorized disclosure to third parties of your name, address, telephone number, electronic mail address or other information that would specifically identify you to any third party.
14. NO ASSIGNMENT. Your membership in Rental Housing Network may not be assigned or transferred to any other person or entity. 14. NOTICES. Notices by Rental Housing Network to members may be given by means of electronic messages, by a general posting on the Rental Housing Network website, or by conventional mail. Notices by members may be given to Rental Housing Network by electronic messages or conventional mail, unless otherwise specified in this membership agreement, as follows.
a) All questions, complaints, or notices to Rental Housing Network by means of electronic message must be sent to firstname.lastname@example.org.
b) All questions, complaints, or notices to Rental Housing Network by conventional mail must be sent to:
Rental Housing Network
P.O. Box 110366
Campbell, CA 95011
15. JURISDICTION AND VENUE. The Rental Housing Network website is controlled and operated by Rental Housing Network and its representatives from their offices in Campbell, California, United States of America. Rental Housing Network makes no representation that the materials available on this site are appropriate or available for use in other locations. The terms and provisions of this membership agreement are to be governed and construed by California law. In the event of a dispute arising out of or relating to this membership agreement or your use of or access to the Rental Housing Network website, litigation must be brought in state or federal courts in the County of Santa Clara, California.
16. MISCELLANEOUS PROVISIONS. This Agreement contains the entire agreement between you and Rental Housing Network regarding access to and use of the Rental Housing Network website, and supersedes all prior written and oral understandings and writings, and may only be amended upon notice by Rental Housing Network to you. Unless otherwise explicitly stated, the provisions of this membership agreement shall survive its termination. In the event that any term or provision of this membership agreement is determined to be unenforceable by a court of competent jurisdiction, the unenforceable provision shall be deemed severed out and the balance of the agreement shall remain fully enforceable. I UNDERSTAND THESE TERMS & CONDITIONS AND I WANT TO JOIN NOW!