This is a legal agreement between you and RentalTour, Inc. ("RentalTour") for the use of RentalTour's website.
RentalTour maintains a website to provide a medium through which property owners/managers ("Lessors") may place information about their properties before potential tenants ("Renters"), so that Lessors may advertise to Renters and Renters may communicate with Lessors. The purpose of this Agreement is to set forth the terms under which RentalTour will make use of its website available to you. RentalTour may make changes to its website at any time and without notifying you or receiving your consent.
The fee for a rental ad is $39.95 for the initial 30 days, and $29.95 for each 30-day renewal. This fee is required to be paid by credit card, or check (if invoicing is approved for your account). You hereby authorize payment of such fee effective when you post the rental ad (immediately). We do not store your credit card information on our website for you to renew ads and RentalTour will only bill you for the requested use. We will automatically renew your rental ad unless you specifically pause the ad. All sales are final. RentalTour will not issue any refunds.
This fee is for registering as a Lessor to feature a property and for communicating with RentalTour Renters, which is further detailed in our Fees and Credits Policy. It shall not matter, for purposes of paying the fee, (i) whether the Renter enters into a lease transaction after receiving your contact information through the listing feature, (ii) whether the Renter accepts an offer of housing placed before it via RentalTour's website or (iii) whether the Renter accepts an offer of housing in another of your units presented to the Renter outside of the website. If you have any questions, please call our customer care number at (303) 355-TOUR.
Your rental ad listing is solely for the purpose of describing the particular rental property for rent and may not contain any links to other websites nor reference to such links. Failure to comply with this rule will result in a warning or possibly deletion of your rental ad without notification or refund.
Rental ad listings are valid for 30 days and can be taken down ("un-posted") prior to the expiration date but will not receive any refund or partial refunds.
RentalTour complies with state and federal civil rights laws, including the Fair Housing Act and the Americans with Disabilities Act. You agree to comply with such acts and thus agree to avoid stating any preference based on race, color, national origin, religion, handicap or any other category. At other locations in this website, RentalTour may remind you not to include information that is potentially actionable under such laws. To the extent that RentalTour serves as a conduit for information on the basis of which you could unlawfully discriminate against potential Renters, you hereby agree to defend and indemnify RentalTour.
In connection with your use of RentalTour's, website, you acknowledge and agree as follows: (a) RentalTour does not participate in any actual lease transactions, including, without limitation, negotiations, discussions, or proposals; (b) RentalTour does not render legal, brokerage, or other professional advice or services; (c) RentalTour is not undertaking any, and has no, fiduciary duties to either Renters or Lessors, including, without limitation, the obligation to inspect rental properties or to verify the veracity of information contained in a preview of your property or offers; (d) RentalTour is not responsible for the content of, nor does it endorse, the third-party websites to which you may link using this website; (e) RentalTour does not guarantee the accuracy of any information available on this website, and is not responsible for any errors, omissions, or misrepresentations, whether made by Renters or otherwise and all information obtained on this website or from Renters must be verified independently; (f) RentalTour may make changes to its products and/or services and this website at any time and without notifying you or receiving your consent; and (g) while RentalTour complies with state and federal civil rights laws, RentalTour does not monitor transmissions of information by Renters and Lessors and thus assumes no liability for Renters' and/or Lessors' failures to comply with such laws.
You agree to indemnify, defend and hold RentalTour and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement and/or your use of this website.
ALL INFORMATION YOU RECEIVE FROM RENTALTOUR, RENTERS, AND/OR THE USE OF RENTALTOUR'S WEBSITE, IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. RENTALTOUR HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RENTALTOUR DOES NOT WARRANT THAT ANY DATA YOU RECEIVE FROM RENTALTOUR OR ANY RENTER WILL BE ACCURATE, COMPLETE, UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE FROM OR RELATED TO THE RENTALTOUR WEBSITE IS FREE OF VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS.
YOU HEREBY AGREE THAT IN NO EVENT SHALL RENTALTOUR OR ITS AFFILIATES AND/OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS SITE OR FROM RENTALTOUR, OR OTHERWISE ARISING OUT OF OR RELATED TO THE USE OF THIS WEBSITE.
By registering your property's information, you consent to RentalTour placing information about your registered property on RentalTour's website before Renters, subject to RentalTour's Privacy Policy. You agree that RentalTour's website shall be used only to legitimately preview your properties and make legitimate offers in accordance with RentalTour's then-current rules and procedures that may be established from time to time and only for the purposes expressly permitted under this Agreement.
"Your Information" is defined as any materials, information or data in any form you provide to us or Renters in the course of using this website including, but not limited to, any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for the online distribution and publication of Your Information. Solely to enable RentalTour to use Your Information for the purposes described in this Agreement, you agree to grant RentalTour a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any intellectual property and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. RentalTour will only use Your Information in accordance with our Privacy Policy. RentalTour may only use your trademarks, service marks and trade names to properly identify buildings owned or managed by you.
RentalTour provides all users with the opportunity to correct, update or delete information stored in their account. To review, modify or delete your account information, simply log into your account, select the property, and select the "edit" link for the advertisement.
By entering into this Agreement, you hereby represent and warrant that: (a) you will not transmit to RentalTour or any Renter any information or materials of any kind which (i) violate, plagiarize or infringe on the intellectual property or contractual rights of any third party; (ii) contain libelous, defamatory, obscene, pornographic, abusive or otherwise unlawful material; or (iii) contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (b) your use of our website and services will at all times comply with all applicable laws, rules, and regulations and that you will do nothing to incur liability for RentalTour or cause RentalTour to lose (in whole or in part) the services of RentalTour's ISP's or other suppliers; (c) you have the power and authority to enter into this Agreement: if you are an individual, this includes, without limitation, that you are of the legal age in your state of residence to make contracts; (d) you are an employee, agent or representative of the properties that you are registering or registering with, and you have the authority to negotiate a Lease Transaction on behalf of the properties; and (e) all information supplied or to be supplied by you relating to this website and RentalTour's services is and will be accurate and complete.
We may amend this Agreement (including, without limitation, the Terms of Use Agreement and/or our Fees and Credits Policy and/or our Privacy Policy) at any time by posting the amended terms on the RentalTour website. Except as otherwise provided herein, changes to this Agreement are effective thirty (30) days after we provide you with notice of the change by email or post a notice on the website. This Agreement may not be otherwise amended except in a writing signed by both parties.
You and RentalTour are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given by email to info@RentalTour.com (in the case of RentalTour) or to the email address you provide to RentalTour during the registration process (in your case), or such other address as the party shall specify. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to RentalTour during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.
THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF COLORADO AND ANY APPLICABLE FEDERAL LAWS, WITHOUT GIVING EFFECT TO CONFLICT OF LAWS PRINCIPLES. ANY LEGAL ACTION OR PROCEEDING UNDER THIS AGREEMENT SHALL FIRST BE SUBJECT TO ARBITRATION. ANY ARBITRATION SHALL TAKE PLACE IN DENVER, COLORADO. ARBITRATION SHALL BE GOVERNED BY THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ARBITRATION SHALL BE THE SOLE REMEDY AVAILABLE TO YOU UNDER THIS AGREEMENT. RENTALTOUR SHALL NOT BE LIABLE FOR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT UNDER ANY CIRCUMSTANCES WHATSOEVER.
In the event that any provision of this Agreement is determined by a court to be invalid or otherwise unenforceable, such provision (or portion thereof) shall be enforced to the extent possible consistent with the stated intention of the parties, or, if incapable of such enforcement, shall be deemed to be deleted from this Agreement, while the remainder of this Agreement shall continue in full force and remain in effect according to its stated terms and conditions.
If you have any questions regarding the legal significance of this Agreement, you are encouraged to seek the advice of an attorney.
