USA Terms of Use & Listing Agreement for Online Rental Property Website

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USA Terms of Use & Listing Agreement for Online Rental Property Website Powered By Docstoc
					                                          TERMS OF USE
1.   This is a legal agreement between you and [NAME OF WEB SITE OWNER] for the use of
     [OWNER]’s website(s), [URL of website(s)] (the “Web Site”). If you have any questions or
     concerns regarding any provision of this Agreement, you should consult a lawyer.

2.   [OWNER] has created the Web Site to provide a means by which property owners and/or
     managers (“Landlords”) are able to advertise their rental properties online to potential renters
     (“Tenants”). This Agreement sets out the terms and conditions under which [OWNER] will make
     use of the Web Site available to you. [OWNER] has the right to make changes to the Web Site
     from time to time and at any time, without prior notice to you and without your consent.

3.   You agree to pay all applicable taxes that may arise from the use of the Web Site, except for those
     on [OWNER]’s net income.

4.   Listing fees are as follows:

                     Duration of Listing                    Cost                Renewal Fee
       [list - e.g. Per month, 2 weeks, etc]




     Listing fees must be paid at least 24 hours prior to the listing being posted to the Web Site.
     Payment of all fees is to be by credit card only. Your credit card information is not stored on the
     Web Site, and [OWNER] does not provide recurring billing. A renewal of an existing listing must
     be requested no later than                         [hours/days] prior to the expiration of the
     listing, in order to be considered a renewal and to qualify for the renewal fee.

5.   Payment of any listing fee allows you to establish a Landlord Account on the Web Site, which
     provides you with a method of communicating with other registered users of the Web Site,
     whether such users are other owners or potential renters. The Landlord Account also gives you
     access to the content, products and services provided on the Web Site.

6.   A service charge of 1.5 % per month (18%/year) or the maximum rate allowed by law, will be
     applied to all past due balances.

7.   [OWNER] will not issue a refund for any listing which has already run, or for any pro-rated
     period for a listing which is currently running for a property that has already been leased or
     rented. If you have questions, concerns or require further information, contact our toll-free
     customer support line at [phone number].

8.   [OWNER] IS LICENSED TO DO BUSINESS AS A REAL ESTATE BROKER IN THOSE STATES
     IN WHICH IT MAY BE NECESSARY TO DO SO IN ORDER TO COMPLY WITH STATE
     REGULATIONS. [OWNER] DOES NOT AND SHALL NOT BE DEEMED TO PROVIDE LEGAL,
     FINANCIAL, OR OTHER PROFESSIONAL ADVICE OR SERVICES. WHEN A RENTER USES
     [OWNER]’S SERVICE TO ENTER INTO A LEASE OR RENTAL AGREEMENT WITH A
     LANDLORD, [OWNER] MAY PAY THAT RENTER A CASH BONUS OR SOME OTHER
     VALUABLE CONSIDERATION OR ALLOW THAT RENTER TO ENTER INTO
     PROMOTION(S) BEING SPONSORED AT THE TIME BY [OWNER].

9.   [OWNER] represents and warrants that it complies with all 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 that you will not state in any listing a preference based on race, color, national
                                                 -2-


      origin, religion, handicap or any other category. To the extent that any action, claim or
      proceeding is filed against [OWNER] arising from any listing which you have placed on the Web
      Site which may be seen to unlawfully discriminate against potential renters, you hereby agree to
      defend and indemnify [OWNER] from and against any such action, claim or proceeding.

10.   In connection with your use of the Web Site, you acknowledge and agree as follows:

      (a)     [OWNER] provides a means for Landlords and Tenants to communicate with one
              another and does not participate in arranging any rental or lease transactions, including,
              without limitation, taking part in negotiations, discussions, or proposals;
      (b)     [OWNER] does not undertake any, and shall have no fiduciary duties to either Tenants
              or Landlords, including, without limitation, the obligation to inspect rental properties or
              to verify the truthfulness of any information contained in property listings, offers,
              Tenants’ resumes or rental applications;
      (c)     [OWNER] is not responsible for the content of any third party web sites to which you
              may link using the Web Site, nor does it endorse the content, products or services
              provided on any of such web sites;
      (d)     [OWNER] does not guarantee the accuracy of any information available on the Web Site,
              and is not responsible for any errors, omissions, or misrepresentations, whether made by
              Tenants, Landlords or otherwise and all information obtained from the Web Site or from
              Tenants must be verified independently;
      (e)     [OWNER] may make changes to its products, services, content and the Web Site at any
              time without prior notice;
      (f)     [OWNER] does not monitor emails, bulletin board submissions or other transmissions of
              information by and among Tenants and Landlords and therefore assumes no liability for
              failure of any Tenant or Landlord to comply with federal, state and local laws.
11.   You agree to indemnify, defend and hold [OWNER] and its affiliates, licensors and suppliers
      harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related
      to any violation by you of this Agreement and/or the terms and conditions of use of the Web
      Site.

12.   ALL INFORMATION ON, THROUGH AND IN CONNECTION WITH THE WEB SITE IS
      PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. [OWNER] HEREBY
      DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
      LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
      PURPOSE. [OWNER] DOES NOT WARRANT THAT ANY INFORMATION PROVIDED ON OR
      THROUGH THE WEB SITE OR BY ANY TENANT IS ACCURATE, COMPLETE,
      UNINTERRUPTED OR ERROR FREE OR THAT ANY DATA, SOFTWARE, OR OTHER
      MATERIAL ACCESSIBLE FROM OR RELATED TO THE WEB SITE IS FREE OF VIRUSES,
      WORMS, OR OTHER HARMFUL COMPONENTS.

13.   YOU HEREBY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL [OWNER] OR ITS
      AFFILIATES, LICENSORS AND 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 THE WEB SITE OR WITH THE DELAY
      OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, PRODUCTS OR
      SERVICES OBTAINED THROUGH THE WEB SITE OR FROM [OWNER], OR OTHERWISE
      ARISING OUT OF OR RELATED TO THE USE OF THE WEB SITE.
                                                  -3-


14.   By placing a listing on the Web Site, you consent to [OWNER] placing information about your
      property on the Internet to be viewed and accessed by Tenants, subject to [OWNER]’s Privacy
      Policy. You agree that the Web Site shall be used only to legitimately preview your properties
      and make legitimate offers in accordance with [OWNER]’s then-current regulations, policies and
      terms of use that may be established from time to time and only for the purposes expressly
      permitted under this Agreement.
				
DOCUMENT INFO
Description: Do you operate a rental property listing website for landlords and property managers to post descriptions and pictures of rental properties? Post this Terms of Use & Listing Agreement on your website. Provisions of the Agreement include: - fee schedule for rental listings and renewals, - payment of fees, late fees and service charges, - credentials and licensing of the website operator, - compliance with all applicable laws, - indemnification of the site operator by the landlord ⁄ property manager, - limitation of website operator's liability, - relationship between the parties is that of independent contractors. This USA Terms of Use & Listing Agreement for Online Rental Property Website is provided in MS Word format, which can be converted to html for posting on your website.
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