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Terms and Conditions of Service

Terms and Conditions of Service

Please carefully review the following rules that govern your use of the Virtual Rent LC (the “Service”) and virtualrent365.com (the “Website”). Please note that your use of the Service and the Website constitutes your unconditional agreement to follow and be bound by these Terms and Conditions of Service (the “Terms”). If you (the “User”) do not agree to Terms, your sole remedy is to cancel the Service, refrain from using the Service and/or the Website in the future, and refrain from providing any materials to the Service and/or Website or download any materials from the Website.
We reserve the right to update or modify these Terms at any time without prior notice to User. Your use of the Service and/or the Website following any such change constitutes your unconditional agreement to follow and be bound by these Terms as changed. For this reason, we encourage you to review these Terms whenever you use the Service or the Website.
These Terms apply to the use of Virtual Rent LC service and virtualrent365.com and do not extend to any linked third-party sites. These Terms and our Privacy Policy, which are hereby incorporated by reference, contain the entire agreement (the “Agreement”) between you and Virtual Rent LC with respect to the Service and the Website. Any rights not expressly granted herein are reserved.
These Terms shall be conterminous with you utilizing the Service and the Website. Notwithstanding the above, the Virtual Rent LC and its operators at their respective sole discretion, may terminate these Terms at any time for any reason.

General

The website virtualrent365.com is hosted in the United States. We make no claims that the Content on the Website is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
A party may give notice to the other party only in writing at that party’s principal place of business, attention of that party’s principal legal officer, via Contact Us form on the Website, or at such other address or by such other method as the parties shall specify in writing. Notice shall be deemed given upon personal delivery or facsimile, or, if sent by certified mail with postage prepaid, 5 business days after the date of mailing, or, if sent by international overnight courier with postage prepaid, 7 business days after the date of mailing.
If any provision herein is held to be unenforceable, the remaining provisions will continue in full force without being affected in any way. Further, the parties agree to replace such unenforceable provision with an enforceable provision that most closely approximates the intent and economic effect of the unenforceable provision. Section headings are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section.
The failure of Virtual Rent LC to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit the rights of Virtual Rent LC with respect to such breach or any subsequent breaches. Any action or proceeding arising out of or related to this Agreement or User’s use of the Website and/or the Service must be brought in the courts of Virtual Rent’s choosing, and you consent to the exclusive personal jurisdiction and venue of such courts. Any cause of action you may have with respect to your use of the Service or the Website must be commenced within one (1) year after the claim or cause of action arises. These Terms set forth the entire understanding and agreement of the parties, and supersede any and all oral or written agreements or understandings between the parties, as to their subject matter. The waiver of a breach of any provision of this Agreement shall not be construed as a waiver of any other or subsequent breach.
The parties are and shall remain independent contractors and shall have no legal right or authority to make any binding commitments on behalf of the other party. You agree and acknowledge your responsibility to comply with the Internal Revenue Service 1099 filing requirements and other regulations as pertinent. Virtual Rent LC Employer Identification Number is 82-2981000.
In the event of any dispute arising out of or related to these Terms, the prevailing party shall be entitled to recover its reasonable attorney’s fees, court costs and collection expenses in addition to any other recovery.
If performance by the Service or the Website, its third party service providers or any of their respective affiliates, of any Services or obligations under this Agreement is prevented, restricted, delayed or interfered with by reason of acts or events beyond their reasonable control, including but not limited to labor disputes and strikes; acts of nature, fire, floods, lightning, hurricanes, earthquakes or severe weather; utility or communications failures; failures of the ACH network or Federal Reserve Bank system; computer-associated outages or delay in receiving electronic data; war, civil commotion or acts of terrorism; or the introduction of any new law, order or regulation which prohibits or restricts performance of this Agreement, then the Service or the Website, its third party service providers and their respective affiliates affected by the occurrence of such acts or events shall be excused from their performance hereunder to the extent of the prevention, restriction, delay or interference.

Permitted and Prohibited Uses

You may not use the Service and the Website to violate any applicable local, state, national, or international law, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, federal and state banking laws, federal and state securities laws, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any U.S. laws, rules, and regulations governing the export and re-export of commodities or technical data.
You may not upload or transmit any material that infringes or misappropriates any person’s copyright, patent, trademark, or trade secret, or disclose via the the Website any information the disclosure of which would constitute a violation of any confidentiality obligations you may have.
You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject the Website’s network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the Website.
You are strictly prohibited from communicating on or through the Website or the Service any unlawful, harmful, offensive, threatening, abusive, violating fair-housing laws, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. If we have reason to suspect your account has been used for an unauthorized or illegal purpose, we may terminate your account. Furthermore, you agree that we may share information about you, your account, and any of your transactions with law enforcement.
You are expressly prohibited from compiling and using personal information, including but not limited to addresses, telephone numbers, fax numbers, email addresses or other contact information that may appear on the Website of other owners, real estate professionals, tenants, prospective tenants, partners, vendors and clients (the “Users”), for the purpose of creating or compiling marketing and/or mailing lists and from sending the Users unsolicited marketing materials, whether by facsimile, email, or other technological means.
You also are expressly prohibited from distributing Users’ personal information to third-party parties for marketing purposes. We shall deem the compiling of marketing and mailing lists using Users’ personal information, the sending of unsolicited marketing materials to Users, or the distribution of Users’ personal information to third parties for marketing purposes as a material breach of these Terms, and we reserve the right to terminate or suspend your access to and use of the Website and to suspend or revoke your account without refund of any fees paid.
We note that unauthorized use of Users’ personal information in connection with unsolicited marketing correspondence also may constitute violations of various state and federal anti-spam statutes. We reserve the right to report the abuse of Users’ personal information to the appropriate law enforcement and government authorities, and we will fully cooperate with any authorities investigating violations of these laws.
We may, but are not obligated to, monitor or review any areas on the Website where users transmit or post communications or communicate solely with each other, including but not limited to user forums and email lists, and the content of any such communications. We, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We may edit or remove content on the the Website at their discretion at any time.
In the event you believe that material or content published on the Website may infringe on your copyright or that of another, please contact us immediately.

Personally Identifiable and Payment Information

Information submitted via virtualrent365.com is governed according to our current Privacy Policy.
You agree to provide true, accurate, current, and complete information when registering with the Website or the Service. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and to refuse any and all current and future use of the Website and the Service.
You agree to provide us a copy of your valid executed Leasing Agreement and Property Management Agreement (if applicable) prior to commencement of any services rendered by Virtual Rent LC. Failure to do so will result in the cancellation of your account.
We reserve a right to use third-party identity and/or property verification services to help ensure that users are who they say they are prior to subscribing to the Service or the Website. We neither control nor guarantee the accuracy of any identity verification service.
By providing us with your banking, credit and/or debit card, or other payment information, you authorize us to use it and disclose it to our payment gateway providers for the purpose of processing the payments you authorize on the Service. Payment gateway providers may also aggregate your information for other purposes according to their terms and conditions and privacy policy.
It is your sole responsibility to provide true, accurate, complete and current banking information for receipt of rent and fees payments in accordance with your valid and executed Leasing Agreement and Property Management Agreement (if applicable). It is your sole responsibility to provide true, accurate, complete and current rent payment and rental fees information and schedule in accordance with your valid and executed Leasing Agreement. You agree and acknowledge that Virtual Rent LC bears no responsibility for incorrect, incomplete, inaccurate or otherwise untrue banking information, rent payment and/or fees payment and/or schedule information. Once you enter your Bank Account information via your portal, a transfer of funds via Echeck Payment Services will be initiated to your Bank Account at the end of every business day, if and to the extent you are owed amounts hereunder less any Service fees and amounts owed, and if and to the extent the amounts have been collected from the tenants. You agree and acknowledge that multiple transfers of funds to you within a single calendar month due to partial rent payments or for any other reason will incur additional fees payable by you to the Virtual Rent in accordance with the current Service Fees and Charges rates. You agree and acknowledge that interest on funds retained overnight by the Service and the Website for any reason will be retained for the benefit of Virtual Rent LC. Payouts to your Bank Account will normally register within 1-4 business days of when the transaction is initiated. Funds for any given transaction will not be deposited until the transaction is deemed complete. You are responsible for monitoring your transactions and ensuring that payments to you in connection with the Service are correct. No refunds and returns will be processed after the funds payout to your bank account.
Should we need to conduct an investigation or resolve any pending disputes related to your payment, your payment may be deferred or access to your funds may be restricted for the entire time it takes for us to do so. Payment may also be deferred or access to your funds may also be restricted as required by law or court order or if otherwise requested by law enforcement or governmental entity.
We will attempt to rectify processing errors that we discover. If the error resulted in your receipt of less than the correct amount to which you were entitled, your Bank Account will be credited for the difference. If the error results in your receipt of more than the correct amount to which you were entitled, the extra funds will be charged to you. Transactions that is processed incorrectly will be corrected if and when you notify us of such an error in writing. Your failure to notify us of a processing error within thirty (30) days of when it first appears on your electronic transaction history will be deemed a waiver of any right to amounts owed to you.
You are responsible for maintaining the confidentiality of the password to your account and are fully responsible for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access the Website using your account or password. You grant us and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Website and in the provision of services to you. Virtual Rent LC cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using Website or the Service.
You must be 18 years old to use the Service and the Website. You must be a U.S. legal resident or citizen. You must be a human. Accounts registered by “bots” or automated methods of access are not permitted. No screen-scraping, reproducing, or aggregating the information or other content on virtualrent365.com is permitted. Your account may only be used by one person. A single account shared by more than one person is not permitted.

Data Security

The Service and the Website shall use commercially reasonable efforts to ensure that its software, service, platform and applicable hardware are kept up-to-date with the latest host and application security patches, updates and releases, to address identified security vulnerabilities, risks and threat levels in compliance with industry security standards and best practices, and Privacy Laws.

Links to Other Materials

The Website and/or other communications may contain links to sites owned or operated by independent third parties. These links are provided for your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted on these sites. The fact that the we offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site, its content or the companies or products referenced therein, and we reserve the right to note its lack of affiliation, sponsorship, or endorsement on the Website. If you decide to access any of the third-party sites linked to by the Website or other communication from Virtual Rent LC, you do this entirely at your own risk. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites, and you hereby irrevocably waive any claim against us with respect to such sites.

Indemnification

You agree to defend, indemnify and hold harmless Virtual Rent LC, virtualrent365.com, agents, vendors or suppliers from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use or misuse of the Website or the Service, including, without limitation, your violation of these Terms, the infringement by you, or any other subscriber or user of your account, of any intellectual property right or other right of any person or entity.

Termination and Suspension

These Terms are effective until terminated by either party. If you no longer agree to be bound by these Terms, you must cease use of the Website and the Service. If you are dissatisfied with the Website or the Service, their content, or any of these terms, conditions, and policies, your sole legal remedy is to discontinue using the Website or the Service. We reserve the right to terminate or suspend your access to and use of the Website or the Service, or parts of the Website or the Service, without notice, if we believe, in our sole discretion, that such use (i) is in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) where we have reason to believe that you are in violation of these Terms.
Services may be terminated by either party for cause upon giving the other party written notice. Any notice required or permitted hereunder shall be in writing and shall be sent by certified mail, return receipt requested, or by overnight express mail or reputable overnight courier, with proof of delivery retained, and addressed to the respective parties at the address set forth below or by any other agreed upon means.
Accounts that have been inactive for three months or more will be deactivated. You acknowledge and agree that following the termination of the Service and/or deactivation of the accounts, we may immediately deactivate your Services and Portals, and we may delete your account and all your data. Your further agree that we shall not be liable to you or to any third party for any termination of your access to the Services or deletion of your data.
This Agreement shall not be assigned or delegated in whole or in part by You to any other party.

WARRANTY DISCLAIMER

THE WEBSITE, SERVICE AND ASSOCIATED MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WE MAKE NO REPRESENTATIONS OR WARRANTY THAT THE WEBSITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NEITHER WE NOR OUR SUPPLIERS MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR THE SERVICE. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE SERVICE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE OR AS A PART OF THE SERVICE.
IN NO EVENT WE OR ANY OF OUR AGENTS, VENDORS OR SUPPLIERS ARE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THE WEBSITE OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT. WE ARE NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON THE WEBSITE OR THE SERVICE. YOUR PARTICIPATION IN THE WEBSITE OR THE SERVICE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VIRTUAL RENT LC OR THROUGH VIRTUAL RENT LC, ITS EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THE THE WEBSITE AND THE SERVICE, THAT YOUR USE OF THE WEBSITE AND THE SERVICE IS AT YOUR SOLE RISK.
LIABILITY LIMITATION. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL VIRTUAL RENT LC OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO CLIENT, USER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE OF THE WEBSITE OR THE SERVICE OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR THE SERVICE OR FOR ANY INFORMATION OBTAINED THROUGH THE WEBSITE OR THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF VIRTUAL RENT LC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
THE VIRTUAL RENT’s LC TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE SERVICE and/or THE WEBSITE WILL NOT EXCEED FIVE U.S. DOLLARS ($5.00). YOU AGREE AND ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT VIRTUAL RENT LC WOULD NOT PROVIDE THE SERVICE AND/OR WEBSITE ABSENT SUCH LIMITATION.

ADDITIONAL TERMS OF SERVICE

The following additional terms of service apply specifically to the Service and the Website and are hereby incorporated by reference into the Terms, as is defined above.

  1. SERVICE FEES AND CHARGES

You shall pay a non-refundable payment processing fee of $39.95 (or a promotional/discount service fee incorporating a 10% military or large portfolio discount) per property per calendar month for the first processed payment of the month. Each subsequent processed payment within the same calendar month will incur a payment processing fee of $19.95. You acknowledge that failure to pay any fees may result in suspension or termination of your account. If you fail to pay any of the fees or charges due hereunder, we reserve the right to, among other things, engage an attorney or a collections agency to collect the outstanding fees and charges. You shall pay all fees and costs incurred by Virtual Rent LC in connection with the collection of such past due amounts by any appropriate means, including without limitation any and all court and related costs, reasonable attorney’s fees and/or collections agencies fees.

  1. LISTING SERVICES

You agree that the contents of any listings you submit to the Service or the Website to post on the Website and/or syndicated websites will be accurate and not misleading. You understand that all information, included but not limited to the property description, property photographs, and terms of rental agreement is your sole responsibility and that the operators of the Service and Website do not review or approve the information. You grant Virtual Rent LC and virtualrent365.com the non-exclusive, worldwide, royalty-free right to publish, distribute, use, reproduce, and modify the information you enter. You understand that the Service and the Website reserves the right to modify, delete, omit, terminate or delay any account or property information you enter for violating the Terms of this Agreement or for any other reason. You bear sole responsibility in communicating with rental leads, scheduling and showing the property and negotiating the terms of the rental agreement.
You understand that you are responsible for complying with the Federal Fair Housing Act, which prohibits discrimination based on: race or color; national origin; religion; sex; family status; and/or disability. You also agree to comply with all applicable local and state housing laws.
When using the Listing Services provided by the Service or the Website, you represent and warrant that each of the following statements is correct:

  • Each listing includes a working phone number of the owner, agent or manager who can show the property to prospective renters.
  • Each listing includes the actual and accurate street address
  • The monthly rent amount listed for each unit equals at least the average monthly rent for the term of the lease
  • The availability listed for each property is accurate as of the time each property is updated.

You further represent and warrant to Service and the Website that (a) your listings, and all information contained therein, are true and accurate, not libelous or defamatory, do not violate any rights of privacy, infringe any trademark, copyright, literary or other rights, or constitute unfair competition with any other party, and complies with all federal, state and local laws and regulations, including fair housing laws and regulations; (b) you have and will maintain all necessary rights, authorizations and licenses that are required for you to enter the listings in our service; and (c) your listings are free from virus, worm, Trojan horse or other similar defects.
You understand that Service and/or Website will share your listings with partner websites. When you update your listing or request deletion of your listing, the Service and/or Website will update (or remove) your listing details in the data feeds to the partner websites. You understand that the Service and/or Website does not own or manage any of the partner websites and has no responsibility for the actions or inactions of any other website.

THE OWNERS AND OPERATORS OF VIRTUAL RENT AND/OR VIRTUALRENT365.COM MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE LISTING SERVICES. THE OWNERS AND OPERATORS OF VIRTUAL RENT LC AND/OR VIRTUALRENT365.COM DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR FREE, OR (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. THE LISTING SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOU USE THE SERVICE AT YOUR OWN RISK. VIRTUAL RENT LC AND VIRTUALRENT365.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

You hereby agree to defend, indemnify, and hold Virtual Rent LC and/or virtualrent365.com, its officers, directors, agents, affiliates and strategic partners harmless from and against any claim or liability arising out of: (a) your breach of any representation or warranty in these terms; (b) your listings or any use thereof; or (c) any claim that your listings or any information contained therein violates any applicable law, including but not limited to any claim that it infringes the rights of a third party.

  1. E-CHECK PAYMENT SERVICES

The Service and the Website utilizes a third party, JHA MC, to process E-Check Payments. You shall indemnify, defend and hold the Service and the Website, and its third party service providers harmless from and against all claims, actions, losses and expenses, including fines, penalties, reasonable attorney’s fees and legal costs, incurred by the Service and the Website, or its third party service providers arising out of (a) your breach of this Agreement, the NACHA Rules or applicable laws and regulations; (b) incorrect or incomplete data or information provided by you in the submission of a transaction to the Service or the Website, a closed Settlement Account, or insufficient funds in the Settlement Account, or return of an ACH debit on the Settlement Account initiated by the Service or the Website, and/or (c) fraudulent activity, wrongful or unauthorized use of the Services, or submission of fraudulent or illegal Transactions by you or a third party.

IN NO EVENT SHALL THE SERVICE OR THE WEBSITE, OR ITS THIRD-PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OF PROFITS OR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF THE POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGES WAS FORESEEABLE. Except as otherwise required by law, in no event shall the Service or the Website be liable for damages for non-delivery or delay of a payment transaction, unless arising from the gross negligence or willful misconduct of the Service or the Website. Direct damages arising from any action or omission of action by the Service or the Website which constitutes the gross negligence or willful misconduct of the Service or the Website, the cumulative liability to you for all claims of actual direct damages relating to the Services, this Agreement, or the relationship between you and the Service or the Website, including any cause of action in contract, negligence, tort, strict liability or otherwise, shall not exceed an amount equal to the total amount of all fees earned by the Service or the Website for Services delivered under this Agreement during the three (3) month period preceding the origination of the claim giving rise to liability.

Should we need to conduct an investigation or resolve any pending dispute related to your payment, your payment may be deferred or access to your funds may be restricted for the entire time it takes for us to do so. Payout may also be deferred or access to your funds may also be restricted as required by law or court order or if otherwise requested by law enforcement or governmental entity.

E-check Payment Services may not be used for the following Excluded Activities, which include but are not limited to the following:

  • Cash Advance/Check Cashers/ Payday Loan Business
  • Bank Drafts, Remotely Created Checks or Electronically Created Payment Orders
  • Government Grant or Will-Writing Kits
  • International ACH Transactions (IAT)
  • Internet Gambling payments (see Regulation GG)
  • Internet Tobacco or Firearms Sales
  • Predatory consumer lending business
  • Pornography or other Sexually-Oriented Businesses
  • Psychic or Horoscope Consultation Services
  • Sweepstakes
  1. TENANT SCREENING

The Screening Services is solely used to screen prospective tenants for the purposes of making informed rental decisions. Our use of the Screening Services is subject to compliance with the FCRA Requirements, Access Security Requirements and Additional Rules Relating to FICO Scores. The Service and the Website is not a credit reporting agency and is not permitted to share prospective tenants’ screening reports directly with you. Prospective tenants are permitted to request their screening reports and may share the reports with you at their discretion.
You certify and warrant that you will request and/or use the Information solely on Applicants and solely for the Permitted Purpose. In the event that you violate these Terms or any related policies or guidelines, the Service and/or the Website reserves the right to restrict or terminate your access to your account.

You agree that the rental applicants will pay the non-refundable fees for Screening Services in accordance with our then current fee plan. You agree and acknowledge that the fees for the Screening Services are subject to change without notice. There are no refunds of Screening Services fees.

You agree and acknowledge that we are responsible to notify a prospective tenant of an adverse action and provide him or her with an adverse action notice upon your determination of unsuitability.

You understand that we obtain the Information reported through the Screening Service from various third-party sources “AS IS.” You further agree that we cannot and will not, for the fee charged for the Screening Service, be an insurer or guarantor of the accuracy or reliability of the Information. You release us, our third-party information providers and employees, agents and independent contractors from liability for any loss or expense suffered as a result of any inaccuracy in the Information.

We do not guarantee your compliance with all applicable laws in your use of the Information, and do not provide legal or other compliance related opinions upon which you may rely in connection with your use of the Information. You agree that you will consult with your own legal or other counsel regarding the use of the Information, including but not limited to, the legality of using or relying on the Information.

All rental decisions will be made by you. You further acknowledge and agree that all decisions of whether or not to accept a particular Applicant, as well as the length of and terms of any rental agreement, will be made by you. We shall have no liability to you or any other person or entity for any acceptance of, or the failure to accept, an Applicant, or the terms of any such acceptance, regardless of whether or not your decision was based on recommendations, reports or other information provided to you by us.
You agree and acknowledge that rent payment data, information and applicable records may be contributed to Experian Data Corp., RentBureau division. Experian may, at its option and expense, incorporate this data into its credit reporting system. Once this information is incorporated into Experian’s credit reporting system, this information will become Experian’s exclusive property. The Service and the Website are not liable for any delay or failure in its performance under these Terms if and to the extent such delay or failure is caused by events beyond reasonable control of the Service and the Website. This provision of the Terms is deemed to be severable. If this provision is deemed to be severed, then the remainder of the Terms will remain in effect.

  1. DEBT COLLECTION SERVICE

The Service and the Website utilizes a third party, Hunter Warfield, a nationally licensed collection agency, for its tenant Debt Collection Service. Debt Collection Service is an optional service provided for the benefit of our clients. You acknowledge and agree that Virtual Rent reserves the right not to submit your past due debt through our Debt Collection Service if we, at our sole discretion, determine that the said debt does not meet the necessary requirements or for any other reason. Virtual Rent LC neither controls nor guarantees the accuracy of the debt owed or the success of the Debt Collection Service.
Hunter Warfield promises not to enter into compromise settlements of less than 80% of the principal balance due without your permission. Hunter Warfield promises to conduct collection activities in a courteous, dignified and businesslike manner. Hunter Warfield promises to treat your renters in a lawful and ethical manner and within the limitations of all federal, state, and local laws, statutes, ordinances, and regulations. You agree and acknowledge that Hunter Warfield and Virtual Rent retains 50% of any funds recovered. The collection service fee increases to 60% of any recovered funds plus the court costs should you agree to legal proceedings to collect debt.
A $50 cancellation fee will be charged for all accounts that are withdrawn or cancelled after having been placed in collections for more than five (5) days. Additionally a full 50% contingency fee will be due to Virtual Rent and Hunter Warfield if payments are received within 90 days following the cancellation.
You agree to the following conditions:

  • You will use your best efforts to ensure that all charges and debts turned over to Debt Collection Service are legally proper and owing and will provide, upon request, documents necessary to verify or substantiate the debt claimed owing.
  • You understand and agree to all Debt Collection Service fees and charges as outlined.
  • You will not turn over any account to collections that has been previously placed with another collection agency or add additional ‘collection charges’ to any account placed for collection.
  • You hereby provide Hunter Warfield a limited power-of-attorney to endorse and negotiate collected checks and drafts made payable to you or Virtual Rent LC for deposit into a collection trust account.
  • You will report any direct payments received from the tenants you have turned over to collections.
  • You warrant that all provisions of the Truth in Lending laws, usury laws, and other applicable federal, state and local laws, statutes, and regulations have been met regarding each placed account.

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Last Updated: June 24, 2019