Last Updated: November 8, 2022.
Thank you for joining RentFund.
These Terms of Service (“Terms”) are a binding legal agreement between you and RentFund that govern your right to use the websites, applications, and other offerings from RentFund (collectively, the “RentFund Platform”). When used in these Terms, “RentFund,” “we,” “us,” or “our” refers to the RentFund entity set out in this Terms of Service agreement.
The RentFund Platform offers an online service that enables users (“Members”) to list, offer, search for, process payments, invest and lease personal property. Members who publish and offer services are “Landlords” and Members who search for, sign a lease, make payments or use services are “Tenants.” Landlords offer rent incentives (“Incentives”), to tenants to receive which go into the tenants investment fund (“Fund”), and the Tenant must agree to the (“Fund Agreement”) in order to use the RentFund Platform and its services. (collectively, “Landlord Services,” and or, “Rental Property” each offering, a “Listing”). You must register an account to access and use many features of the RentFund Platform, and must keep your account information accurate. As the provider of the RentFund Platform, RentFund does not own, control, offer or manage any Listings, Landlord Services, Fund’s or Lease Agreements. RentFund is not a party to the contracts entered into directly between Landlord and Tenant, nor is RentFund a real-estate broker, travel agency, property management company, investment management company, investment broker or insurer. RentFund is not acting as an agent in any capacity for any Member, except as specified in the Terms of Service in this agreement (“The Agreement”). To learn more about RentFund’s role, see Section 16.
If you are a Member, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your use of the RentFund Platform.
1. Our Mission.
2. Searching and Leasing on RentFund.
3. Cancellations, Leasing Issues, Refunds, and Lease Modifications.
4. Your Responsibilities and Assumption of Risk.
5. Leasing on RentFund.
6. Managing Your Listing and Rental Property.
7. Cancellations, Leasing Issues, and Lease Modifications.
9. Landlord Score, Tenant Score and Reviews.
12. RentFund Platform Rules.
13. Fund Agreement.
14. Termination, Suspension, and other Measures.
16. Resolving Complaints and Damage Claims.
17. RentFund’s Role.
18. Member Accounts.
19. Disclaimer of Warranties.
20. Limitations on Liability.
22. Contracting Entities.
23. United States Governing Law and Venue.
24. United States Dispute Resolution and Arbitration Agreement.
25. Rest of World Dispute Resolution, Venue and Forum, and Governing Law.
1. Our Mission.
Our mission is to create a world where everyone involved in the renting experience can benefit. We believe that with the right incentives tenants will be motivated to take better care of rental properties, which puts more money in everyone's pockets. It’s important to provide accurate, transparent information to build trust and confidence through the entire renting experience. The old way of renting is a thing of the past with RentFund everyone can enjoy the benefits and ultimately experience the freedom they desire.
2. Searching and Leasing on RentFund.
2.1 Searching. You can search for Listings by using criteria like the type of property, price per month, pet friendly, style of home and others. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, reviews, customer service and rental history, popularity, previous tenants and saved Listings, Landlords requirements (e.g. minimum or maximum lease term), and more.
2.2 Leasing. When you Lease a property on RentFund, you are agreeing to pay all charges for your lease including the Listing price, applicable fees like RentFund’s service fee, offline fees, taxes, and any other items identified during checkout (collectively, “Total Price”). You are also agreeing that RentFund via RentFund Payments may charge the Payment Method (as defined in The Agreement) used to lease the Listing in order to collect Damage Claim (as defined in Section 16) amounts. When you receive the leasing confirmation, a contract for (a "Lease") is formed directly between you (the Tenant) and the Landlord. In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Lease, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Lease. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to Leasing a Rental Property on the RentFund Platform.
2.3 Lease Agreement. A Lease Agreement is an agreement to enter, occupy, and use the Rental Property to live in. The Landlord retains the right to re-enter the Rental Property during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Landlord, and (iii) consistent with applicable law. If you stay past checkout, the Landlord has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed Tenants and if so you are held liable for any property damages that may occur.
3. Cancellations, Leasing Issues, Refunds, and Lease Modifications.
3.1 Cancellations, Leasing Issues, and Refunds. In general, if as a Tenant (you) cancel a Lease, the amount refunded to you is determined by the Lease Agreement you have with the Landlord. But, in certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control forces you to cancel a Lease Agreement, you may be eligible for a partial or full refund under certain circumstances that will be decided by the RentFund support team. If the Landlord cancels, or you experience a Lease Issue (as defined by; death, health issue, fire, water damage, property damage, misrepresented listing or any other such unpredictable tragedy will be decided by the RentFund support team), you may be eligible for leasing assistance or a partial or full refund.
3.2 Lease Modifications. Tenants and Landlords are responsible for any Leasing Modifications they agree to make via the RentFund Platform or direct RentFund customer service to make on their behalf ("Lease Modifications"), and agree to pay any additional amounts, fees, or taxes associated with any Lease Modification.
4. Your Responsibilities and Assumption of Risk.
4.1 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Listings, Lease Agreements, or Rental Property. For example, this means: (i) you are responsible for leaving a Rental Property (and related personal property) in the condition it was in when you arrived and started your Lease Agreement, (ii) you are responsible for paying all reasonable Damage Claim amounts necessary to cover damage that you, your guest(s), or your pet(s) cause to a Rental Property, and (iii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are leasing for an additional tenant who is a minor or if you bring a minor to a Landlord’s Rental Property, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
4.2 Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the RentFund Platform and any Content (as defined in Section 10), including your stay at any Rental Property, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Landlord and Rental Property to determine whether it is suitable for you. For example, Landlord’s and Rental Property(s) may carry a risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate and Use the RentFund Platform.
5. Leasing on RentFund.
5.1 Landlord. As a Landlord, RentFund offers you the right to use the RentFund Platform to share your Listings, Rental Property, Sign Lease Agreements, or other Service with our verified community of Tenants—and earn money doing it. It’s easy to create a Listing and you are in control of your Lease Agreements with Tenants—set your price, availability, and rules for each Rental Property.
5.2 Contracting with Tenants. When you accept a Lease request, or receive a leasing confirmation through the RentFund Platform, you are entering into a contract directly with the Tenant, and are responsible for providing your Rental Property under the terms and at the price specified in your Listing. You are also agreeing to give the Tenant a portion of the Rental Payment (“Rental Payment”) back to the Tenant as an incentive for them to take better care of your Rental Property. RentFund Payments will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms, policies or conditions that you include in any supplemental contract with Tenants must: (i) be consistent with these Terms of Service in this Agreement, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description and Lease Agreement with the Tenant.
5.3 Independence of Landlords. Your relationship with RentFund is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of RentFund, except that RentFund Payments acts as a payment collection agent as described in this agreement. RentFund does not direct or control your Listing or Rental Property, and you agree that you have complete discretion whether and when to provide your Rental Property, and at what price and on what terms to offer them.
6. Managing Your Listing and Rental Property
6.1 Creating and Managing Your Listing. The RentFund Platform provides tools that make it easy for you to set up and manage a Listing and Rental Property. Your Listing must include complete and accurate information about your Rental Property, your price, other charges like cleaning fees, resort fees, offline fees, and any rules or requirements that apply to your Tenants or Listing. You are responsible for keeping your Listing information (including calendar availability) and content (like photos) up to date and accurate at all times. We recommend that you obtain appropriate insurance for your Rental Property and suggest you carefully review policy terms and conditions including coverage details and exclusions. You may only maintain one Listing per Rental Property, but may have multiple Listings for a single property if it has multiple places to stay.
6.2 Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Rental Property. For example: Some landlords and leases, or homeowner and condominium association rules, restrict or prohibit subletting, short-term rentals, and/or longer-term stays. Some cities have zoning or other laws that restrict the short-term rental of residential properties. Some jurisdictions require Landlords to register, get a permit, or obtain a license before providing certain Rental Properties (such as short-term rentals, longer-term stays, preparing food, serving alcohol for sale, guiding tours, or operating a vehicle). In some places, the Rental Property you want to offer may be prohibited altogether. Some jurisdictions require that you register Tenants who sign a Lease Agreement with you (Landlord). Some jurisdictions have laws that create tenancy rights for Tenants and additional obligations for Landlords. For example, some places have landlord-tenant, rent control, and eviction laws that may apply to longer stays. Check your local rules to learn what rules apply to the Rental Property you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Tenants and others in compliance with applicable privacy laws and these Terms, including the Terms of Service in this Agreement. If you have questions about how local laws apply, you should always seek legal advice.
6.3 Search Ranking. The ranking of Listings in search results on the RentFund Platform depends on a variety of factors, including these main parameters:
Search results may appear different on our mobile application than they appear on our website. RentFund may allow Landlords to promote their Listings in search or elsewhere on the RentFund Platform by paying an additional fee.
6.4 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Rental Property(s). You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the RentFund Platform. Do not encourage Tenants to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the RentFund Platform in violation of these Terms of Service.
6.5 Leasing as a Team or Organization. If you work with a Co-Landlord or Landlords as part of a team, business, or other organization, the entity and each individual who participates in providing Rental Properties is responsible and liable as a Landlord under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business, or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. The RentFund Payment will always go directly to the Landlord that is associated with the Listing unless otherwise instructed and approved by RentFund to be transferred elsewhere.
6.6 Your Assumption of Risk. You acknowledge that Leasing a Rental Property carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the RentFund Platform, offering Rental Properties, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the RentFund Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Rental Property and that you are not relying upon any statement of law made by RentFund.
7. Cancellations, Lease Issues, and Lease Modifications.
7.1 Cancellations and Leasing Issues. In general, if a Tenant cancels a Lease Agreement, the amount paid to you is determined by the cancellation policy that applies to that Lease Agreement. As a Landlord, you should not cancel on a Tenant without a valid reason or applicable law. If you cancel on a Tenant without such a valid reason (determined by RentFund support or the Lease Agreement), we may impose a cancellation fee and other consequences. If: (i) a Tenant experiences a Lease Issue (as defined by the RentFund support team or the Lease Agreement), (ii) an Extenuating Circumstance arises, or (iii) a Lease Agreement is canceled under Section 13 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Tenant, and by any other reasonable costs we incur as a result of the cancellation. If a Tenant receives a refund after you have already been paid, or the amount of the refund and other costs incurred by RentFund exceeds your payout, RentFund (via RentFund Payments) may recover that amount from you, including by offsetting the refund against your future payouts. You agree that these Terms preempt the cancellation policy you set in situations where they allow for the cancellation of a Lease Agreement and/or the issuance of refunds to Tenants. If we reasonably expect to provide a refund to a Tenant under one of these policies, we may delay release of any payout for that Lease Agreement until a refund decision is made.
7.2 Lease Modifications. Landlords and Tenants are responsible for any Lease Modifications they agree to make via the RentFund Platform or direct RentFund customer service to make on their behalf, and agree to pay any additional amounts, fees, or taxes associated with a Lease Modification.
8.1 Landlord Taxes. As a Landlord, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes ("Taxes").
8.2 Collection and Remittance by RentFund. In jurisdictions where RentFund facilitates the collection and/or remittance of Taxes on behalf of Landlords, you instruct and authorize RentFund to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by RentFund are identified to Members on their transaction records, as applicable. RentFund may seek additional amounts from Members (including by deducting such amounts from future payouts) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that Member’s tax obligations, and you agree that your sole remedy for Taxes collected by RentFund is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.
8.3 Tax Information. In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that RentFund may issue on your behalf invoices or similar documentation for VAT, GST, consumption, or other Taxes for your Rental Property to facilitate accurate tax reporting by you, our Tenants, and/or their organizations.
8.4 Quebec Sales Tax. With respect to taxes applicable to services provided to Landlords or to Tenants under the Act Respecting Quebec Sales Tax, unless (i) the consideration paid or payable for the services provided to you, and (ii) the amount of Quebec sales tax payable (if any) in respect of such services, is clearly displayed and presented to you, the service fees are deemed to include any Quebec sales tax payable in respect of such services. A VAT invoice may not be issued with respect to taxes applicable to services provided to Landlords or to Tenants under the Act Respecting Quebec Sales Tax.
9. Reviews, Landlord Score and Tenant Score.
9.1 Reviews. After each Lease Agreement has been agreed on, Tenants and Landlords will have an opportunity to review each other and Tenants can also review each Listing they stay in. Your Review(s) must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Term of Service in this Agreement. Reviews are not verified by RentFund for accuracy and may be incorrect or misleading.
9. 2 Landlord Score. Landlords will be able to develop their individual score (Landlord Score) attached to their RentFund profile, which will be featured to other Members on the RentFund Platform. The data used to develop the Landlord Score is, but not limited to; response time, reviews, rental property cleanliness, professionalism, resolve and fix issues.
9.3 Tenant Score. Tenants will be able to develop their individual score (Tenant Score) attached to their RentFund profile, which will be featured to other Members on the RentFund Platform. The data used to develop the Tenant Score is, but not limited to; response time, reviews, cleanliness, payments, noise, professionalism, resolve and fix issues.
11. Fees. RentFund may charge fees (and applicable Taxes) to Landlords and Tenants for the right to use the RentFund Platform. Landlords are required in the Term of this Agreement to give a 5% incentive to Tenants they have signed Lease Agreements with, this price does not reflect on the Listing price but is solly the expense of the Landlord for using RentFund. This fee goes into the Fund for the Tenant and is used as an incentive for Tenants to take better care of Rental Property(s). Tenants will pay a Service fee of $25 and a transaction fee of 2.9%, these fees are added into the final Listing Price of Rental Property(s) on the RentFund Platform. Except as otherwise provided on the RentFund Platform, service fees are non-refundable. RentFund reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect Lease Agreements made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 13.2.
12. RentFund Platform Rules.
12.1 Rules. You must follow these rules and must not help or induce others to break or circumvent these rules.
12.2 Reporting Violations. If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting RentFund. In addition, if you believe that a Member, Listing or Content has violated our Standards in this agreement, you should report your concerns to RentFund. If you reported an issue to local authorities, RentFund may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.
12.3 Copyright Notifications. If you believe that Content on the RentFund Platform infringes copyrights, please notify us.
13.1 Withdraw Funds. When a Member wishes to Withdraw Funds from the RentFund Platform they will need to have all active Lease Agreements completed and have no Damage Claims to the Rental Property. Once requested RentFund will process the request and directly deposit the Fund amount into the bank account associated with your RentFund profile or any other way the Member wishes that has been approved by RentFund.
14. Termination, Suspension, and other Measures.
14.1 Term. The agreement between you and RentFund reflected by these Terms is effective when you access the RentFund Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.
14.2 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. RentFund may terminate this agreement and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. RentFund may also terminate this agreement immediately and without notice and stop providing access to the RentFund Platform if you breach these Terms, you violate applicable laws, or we reasonably believe termination is necessary to protect RentFund, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.
14.3 Member Violations. If (i) you breach these Terms, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) RentFund believes it is reasonably necessary to protect RentFund, its Members, or third parties; RentFund may, with or without prior notice:
For minor violations or where otherwise appropriate as RentFund determines in its sole discretion, you will be given notice of any intended measure by RentFund and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If a Lease Agreement is canceled under this Section, the amount paid to the Landlord will be reduced by the amount we refund or otherwise provide to the Tenant, and by any other costs we incur as a result of the cancellation.
14.4 Legal Mandates. RentFund may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 13.3.
14.5 Effect of Termination. If you are a Landlord and terminate your RentFund account, any confirmed Lease Agreement(s) will be automatically canceled and your Tenants will receive a full refund. If you terminate your account as a Tenant, any confirmed Lease Agreement(s) will be automatically canceled and any refund will depend upon the terms of the Lease Agreement cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the RentFund Platform has been limited, or your RentFund account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the RentFund Platform through an account of another Member.
14.6 Survival. Parts of these Terms that by their nature survive termination, will survive termination of this agreement, including Sections 2 through 26.
15. Modification. RentFund may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the RentFund Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the RentFund Platform will constitute acceptance of the revised Terms.
16. Resolving Complaints and Damage Claims. If a Member provides valid evidence that you, your Tenant(s), or your pet(s) damaged the complaining Member’s real or personal property, or real or personal property the complaining Member is responsible for, including consequential damages, ("Damage Claim"), the complaining Member can notify RentFund and/or seek compensation through contacting the RentFund support team. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, or if the Damage Claim is escalated to RentFund and RentFund determines in its sole discretion that the Damage Claim is valid and you are responsible for the Damage Claim, RentFund via RentFund Payments can collect the amount of the Damage Claim from you or use a (“Damage Deposit”) with the Fund to cover all damages. If in the case there was no Damage Deposit held by RentFund the Damage Claim would be handled in accordance with the Lease Agreement terms or by the governing law where the Rental Property is located. You agree that RentFund is not held liable for any Damage Claims and does not act as an insurance policy between members on the RentFund Platform. You agree that RentFund may seek to recover from you under any insurance policies you maintain and that RentFund may also pursue against you any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against you. You agree to cooperate in good faith, provide any information RentFund requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of a Rental Property.
17. RentFund’s Role. We offer you the right to use a platform that enables Members to publish, offer, search for, Invest and Lease Rental Properties. While we work hard to ensure our Members have great experiences using RentFund, we do not and cannot control the conduct of Tenants and Landlords. You acknowledge that RentFund has the right, but does not have any obligation, to monitor the use of the RentFund Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the RentFund Platform (including for fraud prevention, risk assessment, investigation, and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement, or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Members acknowledge and agree that RentFund administers its Terms of Service in this agreement, including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist RentFund in good faith, and to provide RentFund with such information and take such actions as may be reasonably requested by RentFund with respect to any investigation undertaken by RentFund regarding the use or abuse of the RentFund Platform. RentFund is not acting as an agent for any Member except for where RentFund Payments acts as a collection agent as provided in Terms of Service in this agreement.
18. Member Accounts. You must register an account to access and use many features of the RentFund Platform. Registration is only permitted for legal entities, partnerships, and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the RentFund Platform under the laws of the United States, Canada, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up to date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify RentFund if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
19. Disclaimer of Warranties.
We provide the RentFund Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality, or suitability of any Tenant, Landlord, Rental Property, Listing, or third party; (ii) we do not warrant the performance or non-interruption of the RentFund Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being "verified" (or similar language) indicate only that the Member or Listing or RentFund has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties will be limited to the maximum extent permitted by law.
20. Limitations on Liability.
Neither RentFund (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the RentFund Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the RentFund Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the RentFund Platform, or (iv) publishing or Leasing of a Listing, including the provision or use of Rental Properties, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not RentFund has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.
Except for our obligation to transmit payments to Landlords under these Terms, or make payments under the RentFund Landlord Damage Protection or Landlord Insurance, in no event will RentFund’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the RentFund Platform, any Content, or any Rental Property, exceed: (A) to Tenants, the amount you paid as a Tenant during the 12-month period prior to the event giving rise to the liability, (B) to Lanldords, the amount paid to you as a Landlord in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred US dollars ($100 USD).
These limitations of liability and damages are fundamental elements of the agreement between you and RentFund. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.
To the maximum extent permitted by applicable law, you agree to release, defend (at RentFund’s option), indemnify, and hold RentFund (including RentFund Payments, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) (ii) your improper use of the RentFund Platform, (iii) your interaction with any Member, stay at a Rental Property, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third-party rights such as intellectual property or privacy rights.
22. Contracting Entities. Based on your country of residence or establishment and what you are doing on the RentFund Platform, the RentFund entity with whom you are contracting is a tool/software that you are agreeing to use based on the Terms of Service in this agreement. If we identify, through the RentFund Platform, an RentFund entity other than the one set out in this agreement as being responsible for a product, feature, or transaction, the RentFund entity so identified is your contracting entity with respect to that product, feature, or transaction. If you change your country of residence or establishment, the RentFund company you contract with and the applicable version of the Terms of Service will be determined by your new country of residence or establishment, from the date on which your country of residence or establishment changes.
23. United States Governing Law and Venue. If you reside or have your place of establishment in the United States, these Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 23, must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Francisco, California.
24. United States Dispute Resolution and Arbitration Agreement. If you are a resident of the Province of Quebec, the arbitration agreement and class action waiver in this Section do not apply to any legal proceeding you bring against RentFund in the Province of Quebec; nor does this Section apply to any resident of Canada or resident of any country other than the United States, subject to Section 23.1. Disputes involving residents of Canada are governed by Section 26.
If you are a resident of the Province of Quebec, the arbitration agreement and class action waiver in this Section do not apply to any legal proceeding you bring against RentFund in the Province of Quebec; nor does this Section apply to any resident of Canada or resident of any country other than the United States, subject to Section 23.1. Disputes involving residents of Canada are governed by Section 26.
24.1 Application. This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against RentFund in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 23 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
24.2 Overview of Dispute Resolution Process. RentFund is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 23 applies: (1) an informal negotiation directly with RentFund’s customer service team (described in paragraph 23.3, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and RentFund each retain the right to seek relief in small claims court as an alternative to arbitration.
24.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and RentFund each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to RentFund by mailing it to RentFund’s agent for service: Suite 2300, 10180 - 101 Street Edmonton, Alberta T5J 1V3. RentFund will send its notice of dispute to the email address associated with your RentFund account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).
24.4 Agreement to Arbitrate. You and RentFund mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the RentFund Platform, Rental Properties, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and RentFund agree that the arbitrator will decide that issue.
24.5 Exceptions to Arbitration Agreement. You and RentFund each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 22): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief; or (iv) any individual claim of sexual assault or sexual harassment arising from your use of the RentFund Platform or Rental Properties. You and RentFund agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
24.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.
24.7 Modification to AAA Rules – Arbitration Hearing/Location. In order to make the arbitration most convenient to you, RentFund agrees that any required arbitration hearing may be conducted, at your option: (a) in the US county where you reside; (b) in San Francisco County; (c) via phone or video conference; or (d) if all parties agree, by solely the submission of documents to the arbitrator.
24.8 Modification of AAA Rules – Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, RentFund will pay all arbitration fees and expenses. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim, or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
24.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
24.10 Jury Trial Waiver. You and RentFund acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
24.11 No Class Actions or Representative Proceedings. You and RentFund acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class-action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action, or requested remedy, then that claim, cause of action, or requested remedy, and only that claim, cause of action, or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action, or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action, or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
24.12 Severability. Except as provided in Section 23.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
24.13 Changes to Agreement to Arbitrate. If RentFund changes this Section 23 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and RentFund (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and RentFund.
24.14 Survival. Except as provided in Section 23.12 and subject to Section 13.6, this Section 23 will survive any termination of these Terms and will continue to apply even if you stop using the RentFund Platform or terminate your RentFund account.
25. Rest of World Dispute Resolution, Venue and Forum, and Governing Law. If you reside or have your place of establishment outside of the United States, China, and Brazil, this Section applies to you and these Terms will be interpreted in accordance with Irish law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. If you are acting as an individual consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Irish law. As an individual consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of RentFund's place of business in Ireland. If RentFund wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Irish courts.
26.1 Other Terms Incorporated by Reference. Our Terms of Service agreement and other supplemental policies and terms linked to in these Terms, apply to your use of the RentFund Platform, are incorporated by reference, and form part of your agreement with RentFund.
26.2 Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between RentFund and you pertaining to your access to or use of the RentFund Platform and supersede any and all prior oral or written understandings or agreements between RentFund and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and RentFund. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 23.11 above, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms, it connotes an obligation with the same meaning as “shall.”
26.3 No Waiver. RentFund’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
26.4 Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without RentFund's prior written consent. RentFund may, without restriction, assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.
26.5 Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by RentFund via email, RentFund Platform notification, messaging service (including SMS and WeChat), or any other contact method we enable and you provide.
26.6 Third-Party Services. The RentFund Platform may contain links to third-party websites, applications, services, or resources (“Third-Party Services”) that are subject to different terms and privacy practices. RentFund is not responsible or liable for any aspect of such Third-Party Services, and links to such Third-Party Services are not an endorsement.
26.7 Google Terms. Some translations on the RentFund Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose, and non-infringement. Some areas of the RentFund Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
26.8 Apple Terms. If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.
26.9 RentFund Platform Content. Content made available through the RentFund Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of RentFund and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit any Content accessed through the RentFund Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, RentFund grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the RentFund Platform and accessible to you, solely for your personal and non-commercial use.
26.10 Force Majeure. RentFund shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labour or materials.
26.12 Contact Us. If you have any questions about these Terms, please email us; firstname.lastname@example.org