1. Assent to Terms
Before using this site, please read these terms and conditions of RentMonitor. By signing up for, checking the “Accept” box, and using the RentMonitor Service, located at www.rentmonitor.com, and all services provided by y925, LLC (“y925″) you agree to be bound by the following Terms of Service. We reserve the right to change this policy at any time and from time to time. Any changes or amendments will be posted at this address and be effective immediately. Your continued use of the Service following any changes will constitute your acceptance of the amended policy. Should any major changes be made, we will notify all RentMonitor account holders via the primary account email. Additionally, new features and future additions to the RentMonitor Service and related services (“Service”) will be bound by these Terms of Service.
If, at any time, you do not wish to accept the terms and conditions of service, you may not use the Site. Any terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by RentMonitor and shall be devoid of all force and effect to the fullest extent allowed by applicable law.
Violation of any part of these Terms of Service will result in termination of your account.
2. Description of RentMonitor’s Services
RentMonitor provides access to an Internet-based on-line electronic checking payment service to rental property owners and rental property managers (“Participating Landlord”) and their respective tenants (“Tenants”). The service facilitates various electronic payment services for monthly rents, periodic rents, security deposits, other deposits, condo fees, fixed utility payments, other fixed payments and all other fees and charges related to leased space, fixed or variable (“Service”).
As a Tenant of a Participating Landlord, you are eligible to use the Service to pay your rent and any related fees covered under our service agreement with Participating Landlords. Your on-line electronic checking payments made through the Service will be remitted to your Participating Landlord in accordance with our service agreement with them. You will receive a timely electronic confirmation from RentMonitor acknowledging RentMonitor’s receipt of the on-line electronic checking payment.
Unless explicitly stated otherwise, any new features, which enhance or augment RentMonitor’s current service offering shall be subject to the terms and conditions of service. You must obtain access to the World Wide Web and/or Internet in order to use the Service, either directly or through other devices that access web-based content. You must also pay any service fees associated with such access. In addition, you must supply all necessary equipment to connect to the World Wide Web and/or Internet, including a computer, a modem or other access devices.
3. Registration Obligations
In consideration of your use of the Service, you agree to: (i) provide information about yourself that is true, accurate, current and complete as prompted by the Service’s sign up form (“Sign Up Information”) and (ii) where applicable and appropriate, maintain and promptly update the Sign Up Information to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or if RentMonitor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, RentMonitor reserves the right to suspend or terminate your RentMonitor account and refuse any and all current or future use of the Service. You may not use the Service for any illegal purpose or in any manner inconsistent with the terms and conditions of service.
4. Fees and Payments
The price for using the Service is subject to change at any time with 30 days notice to you, the Participating Landlord. This notice will appear in the RentMonitor application and will be emailed to the address of each primary account holder. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any services offered through the Service by RentMonitor or by any other vendor or service provider. All fees are exclusive of any taxes or legal fees imposed by taxing authorities. You are responsible for all such taxes and fees. Late fees may be assessed for rent payments made by on-line electronic checking which occur after the late dates and or grace periods as established in our agreements with Participating Landlords. Certain portions of the Service or the Service as a whole may require a prepaid fee (“Prepaid Fee”). The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance. In no event will you receive any portions of the Service or the Service as a whole if a Prepaid Fee is required unless RentMonitor receives all fees and charges payable by you, including the Prepaid Fee.
A valid credit card is required for all accounts. You will be charged immediately upon accepting your first transactions. The Service is charged monthly on the 10th of each month based on the number of transactions processed through RentMonitor for the previous 30 days. It non-refundable and no refunds or credits will be given for partial months or non-use of an open account. No exceptions will be made to this policy. A minimum fee of $9.95 applies regardless of the number of transactions submitted each month.
5. Payment Cancellation, Credit and Refunds
For payments you believe were improperly made, RentMonitor may, in its sole discretion, void, rescind or issue a credit for your rent payment made through the Service at any time prior to the remittance of such rent payment to your Participating Landlord. If a rent payment dispute arises after payment is forwarded to your Participating Landlord, the responsibility to settle the rent payment dispute rests with you and Participating Landlord. You waive the right to cancel credit card payments which have been cleared through RentMonitor clearing entity.
6. Service Cancellation
You are responsible for the cancellation of your account. Cancellation can be done on the ‘Account Settings’ page within the RentMonitor application. An email or phone request will not be considered valid. You will remain liable for all outstanding payments and fees due at the time of cancellation. Either you or RentMonitor may cancel use of the Service with or without cause at any time and effective immediately. Upon cancellation, your account and all information associated with it will be immediately deleted. This action cannot be undone. Once your account is cancelled, you will not be charged for the service again. No refunds will be given for partial months after cancellation. RentMonitor reserves the right to suspend, modify, or terminate your account at any time for any reason and without notice or refund. We reserve the right to refuse service to anyone. Upon termination by you or upon notice of termination by RentMonitor, you must destroy promptly all materials obtained from the Service and any copies thereof. Sections 9, 11, 13 and 14 shall survive any termination of the terms and conditions of service.
7. Membership Account, Password and Security
You will create a password and account designation when completing the sign up process for the Service. You are solely responsible for maintaining your username and password securely. RentMonitor will not be held responsible for loss of data or other damage to your account due to your failure to protect this information. You agree to not share an account with someone else. Each user of RentMonitor is required to maintain a separate account. You agree to notify RentMonitor immediately if you notice unauthorized use of your password or account or any other breach of security. RentMonitor cannot and will not be liable for any damage or loss arising from your failure to comply with this Section. Your use of the Service requires electronic transmission of information. During this process, your information may be transmitted unencrypted over the Internet.
8. License
You acquire absolutely no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with the terms and conditions of service. Should you choose to download content from the Service, you must do so in accordance with the terms and conditions of service. Such download is licensed to you by RentMonitor only for your own personal, noncommercial use in accordance with the terms and conditions of service and does not transfer any other rights to you. You may not copy any portion of the website without permission from RentMonitor.
9. Intellectual Property
This Site and all Site design, including but not limited to text, content, photographs, video, audio, interfaces, graphics and the selection and the arrangement thereof is protected by patents, copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the US and other countries. RentMonitor’s Service is also protected as a collective work or compilation under US copyright and other laws and treaties. All individual articles of information, policies and other elements making up the Service are also copyrighted works. You agree to abide by all applicable patent, trademark, copyright and other laws, as well as any additional patent, trademark and copyright notices or restrictions contained in the Service. Any use of materials on this Site, other than as permitted under Section 2 of this agreement including reproduction, modification, distribution, or republication, without prior written permission of RentMonitor is absolutely prohibited.
RentMonitor does not maintain any ownership rights to the content you submit and maintain via the Service. The data you submit is yours.
10. Disclaimer
The information, services, products, and materials contained in this Site, including, without limitation, text, graphics, and links, are provided on an “AS IS” basis with no warranty. To the maximum extent permitted by law, RentMonitor disclaims all representations and WARRANTIES, EXPRESS OR IMPLIED, with respect to such information, services, products, and materials, including but not limited to WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, title, non-infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance.
Int. and its employees, representatives, agents and suppliers, against any claim, suit, action or other proceeding brought against RentMonitor, its employees, representatives, suppliers and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against RentMonitor, its employees, representatives, suppliers and agents is based on or arises in connection with the Service, or any links on the Service, including, but not limited to: (i) your use or someone using your computer for use of the Service; (ii) your use or someone using your account, where applicable; (iii) a violation of the terms and conditions of service by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any intellectual property right of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer (or account, where applicable); (vi) any misrepresentation, including false or inaccurate Sign Up Information, or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you under these terms and conditions of service. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
Your sole remedy for dissatisfaction with the service is to stop using the Service.
11. Jurisdiction and Governing Law
You irrevocably agree that all actions or proceedings arising out of, from or related to these terms and conditions of service or the Service shall be litigated in local, state or federal court having situs within the State of Illinois. You further hereby consent and submit to the jurisdiction of any local, state or federal courts located within said state and hereby waive any right to transfer or change the venue of any such litigation. All actions or proceedings arising out of, from or related to these terms and conditions of service or the Service shall be governed and controlled by application of the laws of the State of Illinois as to interpretation, enforcement, validity, construction, effect and in all other respects.
12. Miscellaneous
RentMonitor reserves the right to change, update, modify or discontinue the Service or any part of the Service at any time and for any reason with or without notice. You accept that any such changes may result in your being unable to access the Service. RentMonitor will not be liable to you for such actions.
Technical support for use of the Service will be provided via the channels and during business hours as posted on the Site only.
13. Captions and Headings
The captions and headings appearing in terms and condition of service are for reference only and will not be considered in construing this agreement.
14. Severability
If any provision of the terms and conditions of service, or the application thereof, is found invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of this agreement will remain in full force. Failure of RentMonitor to enforce any right provided in these Terms of Service at any time does not constitute a waiver of such rights.
15. Entire Agreement
These terms and conditions of service including the Sign Up Information contain the entire understanding and agreement between the you and RentMonitor with respect to its subject matter, superseding all prior or contemporaneous representations, understandings, and any other oral or written agreements between the parties with respect to such subject matter.
16. Consent Representations and Warranties
By checking the “Accept” button you represent and warrant that you have read, acknowledge and agree to be bound by the terms and conditions of the RentMonitor service. You further represent and agree that: (i) you have the power and authority to enter into this agreement; (ii) you are at least eighteen (18) years old; (iii) you will comply with all US law regarding the transmission of any data obtained from the Service in accordance with the terms and conditions of service, (iv) you will not use the Service for illegal purposes, and (v) you will not interfere or disrupt networks connected to the Service.
17. Email Marketing
In consideration of your use of our Service, you are consenting to receive solicited emails from RentMonitor. You have the right to decline to receive additional electronic mail from RentMonitor and can unsubscribe or opt-out at any given time.
Any questions regarding these Terms of Service can be directed to info at rentmonitor dot com.
