TERMS OF SERVICE
Last Updated: October 2020
1. Contractual Relationship
These Terms of Service (these “Terms” or, this “Agreement”) govern your access and use of RentalRiff Inc., a Delaware corporation, and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “RentalRiff” or “us”) websites, mobile applications (if applicable), and all other applications, content, products, and services (as more fully described below in Section 2, the “Services”) for owners or managers (“Client”) of qualified properties (“Property” or “Properties”). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND RENTALRIFF. By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede all prior agreements or arrangements between you and RentalRiff. RentalRiff may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH RENTALRIFF ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION.
BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
2. The Services
The Services consist of RentalRiff connecting Clients and their Properties with suitable Property Specialists (as defined in Section 5). The dedicated Property Specialist and Client are responsible for agreeing to terms of their working relationship separately, and RentalRiff has no oversight, management or decision making authority over that relationship. The Services are offered through the RentalRiff website and mobile application (if applicable) (each, an “Application”), which enable Clients to vet and select an appropriate property specialist.
Subject to your compliance with these Terms, RentalRiff grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the
Application, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by RentalRiff and RentalRiff’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by RentalRiff; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; (v) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks; (vi) with respect to the Application and the Services, violate or instruct any employee, agent, or affiliate of any kind to violate any applicable local, state or federal law or regulation (collectively “Applicable Laws”).
5. Property Specialist Services
As part of the Services, RentalRiff will make available to Clients a marketplace of property specialists (“Property Specialists”) who have agreed to work with Client and/or the current tenant or other authorized individual at the Property to conduct site visits and/or perform requested inspections, repairs, improvements or other work at the Property (“Site Visits”). Any property walkthrough or inspection performed by a Property Specialist is informational and not legally binding as Property Specialists are not licensed home inspectors. The Property Specialists will be paid out of the “Fee” charged to the Client. Property Specialists are not permitted to provide the same or similar services to Clients outside of the Application and RentalRiff payment processing, and Client hereby acknowledges and agrees that engaging in any such activity is a violation of these Terms. RentalRiff does not guarantee the accuracy, precision, technical specifications, or other content of the Site Visits. Additionally, in accordance with Section 9 below, RentalRiff disclaims all liability associated with or arising from Site Visits. Both Property Specialists and Clients have the right to terminate this relationship at any time.
The Application and all rights therein are and shall remain RentalRiff’s property or the property of RentalRiff’s licensors. Neither these Terms nor your use of the Application convey or grant to you any rights: (i) in or related to the Application except for the limited license granted above; or (ii) to use or reference in any manner RentalRiff’s company names, logos, product and service names, trademarks or services marks or those of RentalRiff’ licensors.
7. Access and Use of the Services
A. Client Accounts
In order to use the Client-specific Services, you must select within the Application, register for and maintain an active Client account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Client Account registration requires you to submit to RentalRiff certain information, such as your name, your company name, your or your company’s address, your mobile phone number, age, the address and key characteristics of the Property or Properties that will be subject to the Services, any access code or other specific access information, including directions, as well as at least one valid payment method supported by RentalRiff. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including a valid, non-expired payment method, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by RentalRiff in writing, you may only possess one Client Account, and you may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Property Specialist or any other party.
B. Client Requirements and Conduct
At all times when acting as a Client you agree to: (i) keep the Properties and their access in commercially reasonable condition, clean and free from unreasonable defects or hazards; (ii) be responsive to inquiries from Property Specialists for information about the Properties, including in particular with respect to scheduling Site Visits; (iii) make available to the Property Specialists the means for gaining access to the Properties (e.g. gate codes or other entry access codes or combinations); (iv) maintain appropriate insurance for all Properties listed with the Services in accordance with applicable law;
and (v) comply with all applicable laws and regulations with respect to disclosing to current tenants of the applicable Properties that you have or intend to share certain personal data regarding their residency and other aspects of the Property with RentalRiff and Property Specialists. Additionally, you agree that for any Site Visit it is your responsibility to ensure that the Property is vacant, or, if occupied by an existing tenant, that the Site Visit corresponds with a date and time during which the existing tenant has consented to the Property Specialist’s access to the Property. If the existing tenant at a Property has any pets at the Property, you will ensure that the pets are secure or absent during the Site Visit.
C. Client Representations
By initiating the Services and agreeing to these Terms you represent and warrant to
RentalRiff that (i) you personally, or the entity you represent, owns, or has authority to
manage access to and direct the performance of repairs or improvements on, the
Properties, (ii) that these Terms do not conflict with any other contract or obligation, and
(iii) that you have the right and authority to share information about the Property,
including the current occupancy (if any) of the Property, with RentalRiff, and that you
hereby assign that right to RentalRiff.
D. Text Messaging and Telephone Calls
From time to time or as requested by you, RentalRiff or Property Specialists may attempt
to contact you by phone call, text message or email. All such communications will
, and you may opt out of such
communications as outlined therein or within the communication itself.
E. Network Access and Devices
You are responsible for obtaining the data network access necessary to use the
Application. Your mobile network’s data and messaging rates and fees may apply if you
access or use the Application from your device. You are responsible for acquiring and
updating compatible hardware or devices necessary to access and use the Services and
Applications and any updates thereto. RentalRiff does not guarantee that the Application,
or any portion thereof, will function on any particular hardware or devices. In addition,
the Application may be subject to malfunctions and delays inherent in the use of the
internet and electronic communications.
8. Payment to RentalRiff
As a Client, you understand that use of the Services will result in charges to you as posted on the
Application and modified from time to time (“Charges”). RentalRiff will receive and/or enable
your payment of the applicable Charges for services or goods obtained through your use of the
Services. Charges will be inclusive of applicable taxes where required by law.
All Charges and payments will be enabled by RentalRiff using the preferred payment method
designated in your Account, after which you will receive a receipt by email. If your primary
Account payment method is determined to be expired, invalid or otherwise not able to be
charged, you agree that RentalRiff may use a secondary payment method in your Account, if
available. Charges paid by you are final and non-refundable, unless otherwise determined by
RentalRiff, in our sole discretion.
As between you and RentalRiff, RentalRiff reserves the right to establish, remove and/or revise
Charges for any or all services obtained through the use of the Services at any time in
RentalRiff’s sole discretion. RentalRiff may from time to time provide certain users with
promotional offers and discounts that may result in different amounts charged for the same or
similar services or goods obtained through the use of the Services, and you agree that such
promotional offers and discounts, unless also made available to you, shall have no bearing on
your use of the Services or the Charges applied to you. RentalRiff may use the proceeds of any
charges for any purpose.
9. Disclaimers; Limitation of Liability; Indemnity
A. DISCLAIMERTHE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” RENTALRIFF
DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED,
OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN ADDITION, RENTALRIFF MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE
REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR
AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS
REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES
WILL BE UNINTERRUPTED OR ERROR-FREE. RENTALRIFF DOES NOT
GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF
PROPERTY SPECIALISTS. YOU AGREE THAT ANY RISK ARISING OUT OF
YOUR USE OF THE SERVICES, AND NOT EXPLICITLY COVERED IN THE
TERMS, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION
THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT
PERMITTED UNDER APPLICABLE LAW.
B. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW,
RENTALRIFF SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST
PROFITS, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN
CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE
SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE,
AFFIRMATIVE, SOLE, OR CONCURRENT) OF RENTALRIFF, EVEN IF
RENTALRIFF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR THE DAMAGES WERE FORESEEABLE.
RENTALRIFF SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR
LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES
OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY
TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY PROPERTY
SPECIALIST OR ANY OTHER PERSON, EVEN IF RENTALRIFF HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RENTALRIFF SHALL
NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING
FROM CAUSES BEYOND RENTALRIFF’S REASONABLE CONTROL,
INCLUDING, SPECIFICALLY, ANY DELAY OR FAILURE IN PERFORMANCE
BY A PROPERTY SPECIALIST.
IN NO EVENT SHALL RENTALRIFF’S AGGREGATE LIABILITY ARISING OUT
OF OR RELATED TO THE SERVICES, WHETHER ARISING OUT OF OR
RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO RENTALRIFF
FOR THE SERVICES PROVIDED TO CLIENT IN THE TWELVE- (12-) MONTH
PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS,
RENTALRIFF’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED
BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON RENTALRIFF’S
CHOICE OF LAW PROVISION SET FORTH BELOW.
You agree to indemnify and hold RentalRiff and its affiliates and their officers, directors,
employees, and agents harmless from any and all claims, demands, losses, liabilities, and
expenses (including attorneys’ fees) (“Claims”), arising out of or in connection with: (i)
your use of the Services, (ii) your breach or violation of any of these Terms, (iii)
RentalRiff’s use of your user content, (iv) any Claims arising out of or resulting from any
Site Visit to any Property, or (v) your violation of the rights of any third party, including,
without limitation, Property Specialists.
10. Arbitration Agreement
By agreeing to the Terms, you agree that you are required to resolve any claim that you may
have against RentalRiff on an individual basis in arbitration, as set forth in this Arbitration
Agreement. This will preclude you from bringing any class, collective, or representative action
against RentalRiff, and also preclude you from participating in or recovering relief under any
current or future class, collective, consolidated, or representative action brought against
RentalRiff by someone else.
A. Agreement to Binding Arbitration between You and RentalRiff
You and RentalRiff agree that any dispute, claim or controversy arising out of or relating
to (a) these Terms or the existence, breach, termination, enforcement, interpretation or
validity thereof, or (b) your access to or use of the Services at any time, whether before or
after the date you agreed to the Terms, will be settled by binding arbitration between you
and RentalRiff, and not in a court of law.
You acknowledge and agree that you and RentalRiff are each waiving the right to a trial
by jury or to participate as a plaintiff or class member in any purported class action or
representative proceeding. Unless both you and RentalRiff otherwise agree in writing,
any arbitration will be conducted only on an individual basis and not in a class,
collective, consolidated, or representative proceeding. However, you and RentalRiff each
retain the right to bring an individual action in small claims court and the right to seek
injunctive or other equitable relief in a court of competent jurisdiction to prevent the
actual or threatened infringement, misappropriation or violation of a party’s copyrights,
trademarks, trade secrets, patents or other intellectual property rights.
B. Rules and Governing Law
The arbitration will be administered by the American Arbitration Association (“AAA”) in
accordance with the AAA’s Consumer Arbitration Rules and the Supplementary
Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as
modified by this Arbitration Agreement. The AAA Rules are can be obtained online at
the AAA website or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local
court or agency, shall have exclusive authority to resolve any disputes relating to the
interpretation, applicability, enforceability or formation of this Arbitration Agreement,
including any claim that all or any part of this Arbitration Agreement is void or voidable.
The Arbitrator shall also be responsible for determining all threshold arbitrability issues,
including issues relating to whether the Terms are unconscionable or illusory and any
defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and
acknowledge that this Arbitration Agreement evidences a transaction involving interstate
commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern
its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the
parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent
permitted by law. If the FAA and AAA Rules are found to not apply to any issue that
arises under this Arbitration Agreement or the enforcement thereof, then that issue shall
be resolved under the laws of the state of Oregon.
A party who desires to initiate arbitration must provide the other party with a written
Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form
Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the
AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an
attorney specifically licensed to practice law in the United States and will be selected by
the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are
unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for
Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
D. Location and Procedure
Unless you and RentalRiff otherwise agree, the arbitration will be conducted in the
county where you reside. If your claim does not exceed $10,000, then the arbitration will
be conducted solely on the basis of documents you and RentalRiff submit to the
Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is
necessary. If your claim exceeds $10,000, your right to a hearing will be determined by
the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to
direct a reasonable exchange of information by the parties, consistent with the expedited
nature of the arbitration.
E. Arbitrator’s Decision
The Arbitrator will render an award within the time frame specified in the AAA Rules.
Judgment on the arbitration award may be entered in any court having competent
jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in
favor of the claimant and only to the extent necessary to provide relief warranted by the
claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all
parties. An Arbitrator’s decision and judgment thereon shall have no precedential or
collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of
attorneys’ fees and expenses, to the extent provided under applicable law.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be
solely as set forth in the AAA Rules.
G. Severability and Survival
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for
any reason, (1) the unenforceable or unlawful provision shall be severed from these
Terms; (2) severance of the unenforceable or unlawful provision shall have no impact
whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to
compel arbitration of any remaining claims on an individual basis pursuant to the
Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a
class, collective, consolidated, or representative basis, such claims must be litigated in a
civil court of competent jurisdiction and not in arbitration, and the parties agree that
litigation of those claims shall be stayed pending the outcome of any individual claims in
A. Choice of Law
These Terms will be governed by and construed in accordance with the laws of the State
of Oregon without reference to its conflict of laws provisions. You agree to submit to the
exclusive jurisdiction and venue in the state and federal courts located in Portland,
Oregon for any and all disputes, claims, and actions arising from or in connection with
the Services or these Terms. The foregoing choice of law and forum selection provisions
do not apply to the Arbitration Agreement in Section 10 or to any arbitrable disputes as
defined therein, which shall be governed by the Federal Arbitration Act.
RentalRiff may give notice by means of a general notice within the Application,
electronic mail to the email address associated with your Account, telephone or text
message to any phone number provided in connection with your Account, or by written
communication sent by first class mail or pre-paid postage to any address connected with
your Account. Such notice shall be deemed to have been given upon the expiration of 48
hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours
after sending (if sent by email or telephone). You may give notice to RentalRiff, with
such notice deemed given when received by RentalRiff, at any time by first class mail or
pre-paid post to: RentalRiff Inc., Attn: Phil Schaller President, 1001 SW Emkay Drive,
Suite 100, Bend, Oregon 97702.
Nothing in these Terms creates a joint venture, partnership, agency or similar endeavor
between you and RentalRiff. You may not assign these Terms without RentalRiff’s prior
written approval. Any use of your Account by any person other than you is a material
breach of this Agreement. RentalRiff may assign these Terms without your consent to:
(i) a subsidiary or affiliate; (ii) an acquirer of RentalRiff’s equity, business or assets; or
(iii) a successor by merger. Any purported assignment not in accordance with this
section shall be void. If any provision of these Terms is held to be invalid or
unenforceable, such provision shall be struck and the remaining provisions shall be
enforced to the fullest extent under law. RentalRiff’s failure to enforce any right or
provision in these Terms shall not constitute a waiver of such right or provision unless
acknowledged and agreed to by RentalRiff in writing. This provision shall not affect the
Severability and Survivability section of the Arbitration Agreement section of these
[END OF RENTALRIFF TERMS OF SERVICE]