Terms of Service

Read this Terms of Service agreement before accessing website or the online portal.

This Terms of Service Agreement (the “Terms of Service” or “TOS”) are entered into by and between you (“you” or the “User”) and Rentvine LLC (the “Company”, “we” or “us”) and sets forth the terms governing your access to and use of (i) the Rentvine.com Online Portal for Registered Users (the “Portal”), including any content, functionality, and services offered on or through Rentvine.com (the “Website” and collectively with the Portal, the “Service”). There are important terms below that affect your legal rights, so we want to emphasize:

PLEASE CAREFULLY REVIEW THESE TERMS OF SERVICE IN THEIR ENTIRETY, WHICH CONTAIN PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS, INCLUDING AN ARBITRATION AGREEMENT, JURY AND CLASS ACTION WAIVERS, LIMITATIONS OF LIABILITY, INDEMNIFICATION OBLIGATIONS, AND MORE.

By using the Website and/or the Portal you acknowledge and agree that you have read and accept and agree to be bound and abide by these Terms of Service. If you do not agree to these Terms of Service in their entirety, your sole option is to not use the Website and/or the Portal.

We reserve the right, at any time, to modify, alter, or update these Terms of Service without prior notice and in our sole discretion. Modifications shall become effective immediately upon being posted on the Website or the Portal. Your continued use of the Service after amendments are posted constitutes an acknowledgment and acceptance of these Terms of Service and its modifications.

Termination of Service.

You understand and agree that in our sole discretion, and without prior notice, we may terminate your access to the website and the Service or exercise any other remedy available and remove any unauthorized User Content, if we believe that your use of the Website, Service and/or any User Content you provided has violated or is inconsistent with these Terms of Service, violated the rights the Company, another user or any law or regulation. You agree that monetary damages may not provide a sufficient remedy to the Company for violations of these Terms of Service and you consent to injunctive or other equitable relief for such violations. We are not required to provide any refund to you if you are terminated as a user because you have violated these Terms of Service.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting materials on or through the Website or the Portal. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

User Account, Password, and Security.

You will receive a password and user account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this Section.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion and for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

Prohibited Uses.

You may use the Service only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Service: (i) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (iii) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (iv) to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or (v) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service, or expose them to liability.

Additionally, you agree not to: (a) use the Website or the Portal in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website or the Portal, including their ability to engage in real time activities through the Website or the Portal; (b) use any robot, spider, or other automatic device, process, or means to access the Website or the Portal for any purpose, including monitoring or copying any of the material on the Website or the Portal; (c) use any manual process to monitor or copy any of the material on the Website or the Portal, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent; (d) use any device, software, or routine that interferes with the proper working of the Website or the Portal; (e) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (f) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or the Portal, the server on which the Website or the Portal is stored, or any server, computer, or database connected to the Website or the Portal; (g) attack the Website or the Portal via a denial-of-service attack or a distributed denial-of-service attack; or (h) otherwise attempt to interfere with the proper working of the Website or the Portal.

General Use Provisions; and Copyright.

All materials provided on this Website or the Portal, including but not limited to all text, logos, designs, graphics, images, sounds, information, software, documents, products and services (collectively, the “Materials”), and the selection, arrangement and display thereof, are the copyrighted works of the Company and/or its vendors or suppliers, or licensors. All Materials herein and all Rentvine.com software are proprietary to the Company and protected by worldwide copyright and other intellectual property laws. Except as stated herein, none of the Materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of the Company.

Copyright and Trademark Information.

All content included or available on the Website or the Portal, including site design, text, graphics, interfaces, logos, product and service names and the selection and arrangements thereof are trademarks of the Company, its affiliates, or licensors, with all rights reserved, or is the property of the Company and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of the Company is strictly prohibited.

Rentvine.com and related marks are proprietary marks of the Company. The Company's trademarks may not be used in connection with any product or service that is not provided by the Company or Rentvine.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company.

All other trademarks displayed on the Website or the Portal are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those vendors. In addition, such use of trademarks or links to the web sites of vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with the Company.

User Content.

The Website and/or the Portal may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Content”) on or through the Website.

Any User Content you post to the site will be considered non-confidential and non-proprietary. By providing any User Content on the Website and/or the Portal, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that (i) you own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns and (ii) All of your User Content do and will comply with these Terms of Service.

You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Website and/or the Portal.

Third-Party Sites.

Our Website or the Portal may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of service and privacy policies of each site, and we are not responsible therein. We encourage all Users to review said privacy policies of third-parties' sites.

No Resale of Service.

The Website, the Portal and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

General Disclaimer.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or the Portal in breach of the Terms of Service, your right to use the Website and/or the Portal will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website, the Portal or any content on the Website or the Portal is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website and/or the Portal not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

Reliance on Information Posted.

Although we have attempted to provide accurate information on the Website and the Portal, we assume no responsibility for the accuracy of the information. We may update the content of the Website and the Portal from time to time. Any of the material on the Website or the Portal may be out of date at any given time and we are under no obligation to update such material. We hereby disclaim all warranties, express or implied, including, without limitation, those of merchantability, fitness for a particular purpose, title and non-infringement or arising from a course of dealing, usage or trade practice, except to the extent such disclaimers are held to be legally invalid.

Disclaimer of Warranties.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, the Website or the Portal will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of date input and output, and for maintaining a means external to our sites for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, THE PORTAL OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, THE PORTAL OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, THE PORTAL, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE PORTAL IS AT YOUR OWN RISK. THE WEBSITE, THE PORTAL, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE PORTAL ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR THE PORTAL. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, THE PORTAL, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR PORTAL WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, THE PORTAL OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE PORTAL WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE PORTAL, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PORTAL, THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE PORTAL, THE WEBSITE OR THE INFORMATION CONTAINED IN THEM, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WERE FORESEEABLE.

Disclaimer Regarding Accuracy of Vendor Information.

Product specifications and other information have either been provided by the vendors or collected from publicly available sources. While we make every effort to ensure that the information on the Website or the Portal is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on the Website or the Portal.

Indemnification.

You agree to defend, indemnify and hold the Company, its parents, subsidiaries, affiliates, officers, directors, contractors, agents, licensors, suppliers, successors, assigns and employees, harmless from any claim, demand, liability, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable attorneys' fees and costs, made by any third party due to or arising out of your use of the Website, the Portal or Service, the violation of this Agreement, or infringement by user, or other user of the Service using User computer, of any intellectual property or any other right of any person or entity.

Modification of the Website or the Portal.

We (and/or its suppliers) reserve the right in our sole discretion to improve, modify or remove any information or content appearing on the Website or the Portal. We may discontinue or revise any or all aspects of the Website or the Portal in our sole discretion and without prior notice.

Governing Law and Jurisdiction.

All matters relating to the Website, the Portal and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

Arbitration Agreement.

Except for claims seeking injunctive relief for which court relief may be sought, the parties shall arbitrate any dispute resulting from or arising as a result of these Terms of Service. Any such arbitration shall be binding, in accordance with the commercial rules of the American Arbitration Association (“AAA”). Any such arbitration shall be held in the State of Delaware and directed by the AAA. Notwithstanding the foregoing or the then-current specified commercial rules of the AAA, the following shall apply with respect to the arbitration proceeding: (a) the arbitration proceedings shall be conducted by one (1) arbitrator selected by the parties, provided, if the parties fail to make such designation within five (5) days after receipt by the AAA of the demand for arbitration, the AAA shall make the appointment in its sole discretion (provided such arbitrator shall have experience and knowledge of software and service bureau transactions) and (b) the existence, subject, evidence, proceedings and rulings resulting from the arbitration proceedings shall be deemed confidential information, and shall not be disclosed by either party, their representatives, or the arbitrator except: (i) to the professional advisors of each of the parties; (ii) in connection with a public offering of securities of either of the parties; (iii) as ordered by any court of competent jurisdiction; or (iv) as required to comply with any applicable governmental statute or regulation. You and us are each hereby waiving their right to a jury trial.

Fair Housing Act

As a User you agree not to post, email, or otherwise make available content that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics). You also agree to abide by any such laws existing in any jurisdiction outside of the United States of America.

Other Terms.

If any part, term, or provision of this Terms of Service shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that the Terms of Service and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition. The Terms of Service shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting the Terms of Service, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy.