RentPath Services Terms and Conditions
Effective as of August 31, 2020
Contact Customer Service at 866-236-2510 for Terms in effect prior to this date.
The Advertising Agreement (the “Agreement”) between RentPath, LLC (“RentPath” or “we”) and the owner of certain rental properties (“Owner”, “Advertiser”or “you”) consists of any Insertion Orders executed by RentPath and Advertiser together with these Terms and Conditions. This Agreement may be entered into on behalf of Owner by a third-party acting as Owner’s duly authorized agent (“Agent”) and in such event this Agreement shall be binding upon Owner, regardless of whether Owner is specifically identified herein.
1. Services. In accordance with the terms of this Agreement, RentPath will provide to Advertiser the advertising products and services identified on an Insertion Order (the “Services”). Such Services may include, without limitation, the publication and display on ApartmentGuide.com, Rent.com, Rentals.com, LiveLovely.com and/or other websites or mobile applications (collectively, the “Sites”) of an advertisement or listing (a “Listing”) containing information with respect to one or more rental housing properties and/or additional services relating to the marketing of such properties (each a “Property”). RentPath reserves the right, for any reason and at any time, to modify (with Advertiser’s approval), reject, cancel or remove a Listing from the Sites (but you will only be charged for the time that your Listing is live on the Sites). During the term of the Agreement, RentPath may, in its sole discretion, distribute the Listing for display on affiliated or third-party advertising websites subject to the terms hereof. RentPath does not tolerate discriminatory advertisements; if RentPath determined, in its sole and absolute discretion, that any element of a Listing is potentially discriminatory content, the Listing will be removed immediately.
2. Advertiser Content. “Advertiser Content” means any text, graphics, data, images, video and/or photographs that are provided by or on behalf of, or made accessible by, Advertiser to RentPath. Advertiser hereby authorizes RentPath to access and copy information from websites operated by Owner, its Agent or a Property in order to create a Listing or otherwise Fulfill (as defined herein) the Services and such information shall be considered “Advertiser Content” hereunder. Advertiser hereby grants RentPath a non-exclusive, royalty-free, perpetual, irrevocable and sublicensable right and license to copy, display, distribute, create derivative works from, store and otherwise use the Advertiser Content in connection with any RentPath products and services. If Advertiser is utilizing appointment services for its Properties through RentPath’s Sites, then Advertiser hereby authorizes its third party services providers, including, but not limited to property management systems or those assisting in the management of leads or guest card data, to provide RentPath with lead, tour and lease status data via an application programming interface (“API”). If an API is not available, then tour and lease status data will be provided to RentPath via another reporting method (as shall be mutually agreed upon by the parties). Reporting for Properties must be provided on at least a monthly basis as long as the Listings are live on the Site(s).
3. RentPath Content. The Listing itself, and any components of the Listing that are created, summarized, produced or supplied by RentPath in connection with this Agreement (including, without limitation, ratings, reviews, photographs, videos, and enhanced floorplan products, in each case to the extent created or supplied by RentPath), shall be owned by and remain the sole property of RentPath and may not be copied or used by the Property, the Advertiser or any agent thereof for any purpose without the prior written consent of RentPath. Further, RentPath may collect data with respect to how a Listing is accessed, viewed or otherwise interacted with by Site visitors, including calls, emails, clicks, searches, views, impressions or other actions, or any other data that may be collected in connection with a Listing on the Sites (collectively, “Performance Data”). RentPath shall own all right, title, and interest (including, but not limited to, all intellectual property rights) in and to the Performance Data, as well as in and to any data or information created, derived, inferred or otherwise generated using Performance Data.
4. Confidentiality, Data Privacy and User Data. Advertiser and any agent acting on behalf of Advertiser hereby agree not to disclose to any third party or use for any purpose not specifically contemplated herein (i) any User Data (as defined below) or (ii) any non-public business, technical or other information relating to or provided by RentPath, specifically including the terms of this Agreement (including pricing). Advertiser agrees (i) to use User Data in Advertiser’s possession, custody, or control solely to fulfill user requests and to provide customer service to the user, (ii) to provide User Data to RentPath in accordance with this Agreement, and (iii) to obtain, protect, use and disclose User Data only in compliance with all federal, state and local laws and regulations, including (without limitation) the Do-Not-Call provisions of the Telemarketing Sales Rule, the CAN-SPAM Act, the Telephone Consumer Protection Act and the California Consumer Privacy Act (“CCPA”). “User Data” means (i) any personal information relating to a user of or visitor to the Sites or such user’s or visitor’s device (including, but not limited to, first name, last name, address, phone number, email address and/or financial information) that is received by Advertiser through RentPath’s provision of the Services, including, without limitation, the contact information of potential renters provided in the form of “leads”; and (ii) any personal information relating to User Data provided by Advertiser to RentPath, if any, including, without limitation, information relating to the status of a lead. Advertiser acknowledges and agrees that (a) RentPath collects, holds and processes all data constituting User Data in the capacity of a “business” (as such term is defined in the CCPA), (b) that, as a business, RentPath has the sole right to determine the purposes and means for which User Data can be collected, used and disclosed; that (c) to the extent RentPath provides User Data to Advertiser, RentPath does so exclusively on the basis of the user’s direction to RentPath to intentionally disclose such User Data to Advertiser; and that (d) to the extent that Advertiser provides User Data to RentPath, (i) such User Data was collected in accordance with applicable law, (ii) Advertiser is solely responsible for the accuracy, quality, and legality of such User Data, and (iii) Advertiser has the right to provide such User Data to RentPath. Advertiser represents and warrants it will not “sell” (as such term is defined in the CCPA) User Data or otherwise disclose User Data to third parties for monetary or other valuable consideration, unless such sale or disclosure would be consistent with applicable law, including (without limitation) the CCPA.
5. Advertiser’s Representations, Warranties and Indemnity. Advertiser is solely liable for all Advertiser Content and the acts or omissions of any third-party acting on behalf of Advertiser in connection with the use, access or fulfillment of the Services provided by RentPath. Advertiser represents and warrants to RentPath that (a) the Advertiser Content is true and accurate, is not libelous or defamatory, does 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) Advertiser has and will maintain all necessary rights, authorizations and licenses that are required for it to provide Advertiser Content under this Agreement; and (c) the delivery of any Advertiser Content by Advertiser to RentPath is free from any virus, worm, Trojan horse or other similar defects. Advertiser agrees to indemnify, defend and hold harmless RentPath, its affiliates, and their respective employees, agents, officers and directors, from and against any and all claims, liabilities, judgments, damages, costs, losses and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of third-party claims related to (i) the Advertiser Content or the Listing, except to the extent arising out of modifications to the Advertiser Content made by RentPath without Advertiser’s consent, (ii) Advertiser’s use or disclosure of User Data in violation of this Agreement, (iii) Advertiser’s violation of Section 4 (“Confidentiality, Data Privacy and User Data”), and (iv) the acts or omissions of any third-party acting on behalf of Advertiser in connection with the products and services provided hereunder.
6. Listings and Packages. RentPath reserves the right to change, in its sole discretion, the characteristics, functionality or features of its products or services or the components of its packages. RentPath does not guarantee any particular sort order or ranking of a Listing in search results on the Sites and may from time to time alter its search algorithm or introduce new products or services in a manner that causes a change in the location or sequence of a Listing within search results. RentPath may, in its sole discretion, upgrade Advertiser’s Listing free of charge and without notice, and revert back to the originally contracted Listing package without notice. During the Term , if any product or service provided by RentPath under this Agreement is discontinued, replaced or no longer offered, this Agreement shall remain in full force and effect; provided, that RentPath shall either (i) replace such product and/or service with one of comparable value, or (ii) deduct from the Advertiser’s monthly invoice(s) for the period remaining under this Agreement the incremental cost of such product and/or service, as reflected on the applicable market rate card then in effect. Advertising packages or other services may include additional products, services or business tools which are subject to specific additional terms and conditions, which are found here, and which are incorporated by reference and made a part of this Agreement.
7. Billing; Sales Tax. Except as otherwise expressly provided herein, all charges for Services on an Insertion Order shall be assessed upon commencement of Fulfillment (defined below) of such Services. Advertiser will be billed monthly under this Agreement and amounts are due upon receipt. Changes in services, products or packages during a given month may result in Advertiser receiving more than one bill for that month to reflect updates in subscribed Services. If payment is not received by RentPath within 30 days of the bill date, (i) such past due amount will bear interest at the lesser of 1.5% per month or the maximum rate allowed by law; and (ii) RentPath may, in its sole discretion, suspend (pending payment) or terminate Advertiser’s advertising and all advertising charges will become immediately due and payable, in addition to other remedies provided for herein. Claims for billing errors must be made in writing within five business days after your receipt of a bill. Advertiser agrees to pay all costs of collection of past due amounts (including reasonable attorneys’ fees and costs). Some of our products and services (whether standalone or components of advertising packages) may be considered “business tools” and as such may be subject to sales tax in certain jurisdictions. We will separately identify on your bill the amount of the subscription price attributable to those tools and any applicable tax. To the extent these charges are taxable in Advertiser’s jurisdiction, and RentPath is authorized by applicable law to do so, RentPath will collect and remit applicable tax, as further described below.
8. Term; Termination. Services provided under this Agreement will either be for a “fixed” or “flexible” term (the “Term”). The Term shall commence on the date RentPath receives the signed Insertion Order from Advertiser. Services subject to a Fixed Term will run for the number of months indicated on the Insertion Order, and may not be terminated prior to the end of the Term. Services subject to a Flexible Term may be terminated prior to the end of the Term by providing RentPath with 30 days prior written notice (as set forth below), which may be provided only after Advertiser has paid for at least three months of the applicable Service. Fixed Term and Flexible Term Services (excluding certain limited-inventory products purchased hereunder) shall continue automatically on a month-to-month basis at the end of the Term at the monthly rates set forth on the rate card for the relevant market as such rates may vary from time to time (and which may be in excess of the rate set forth on this Agreement). If your Insertion Order includes a promotional Service, the Term may be subject to Special Promotion Terms found here. Notices of termination will not be effective unless they are delivered to RentPath by Advertiser at [email protected].
9. Change in Agent or Owner. In the event of either (a) the sale of a Property to a new owner or (b) any change in Owner’s designated Agent, this Agreement will remain in effect and Advertiser shall promptly notify RentPath of such event by emailing [email protected].
10. Fulfillment. “Fulfillment” means, with respect to the Services, those actions reasonably necessary for or in furtherance of provisioning, design, display, publishing, distribution or otherwise providing the Services in an Insertion Order. These processes will be coordinated by RentPath’s customer service department and include, without limitation, collecting and compiling Advertiser Content for a Listing, scheduling photo shoots, producing videos, enhancing floorplans and collecting contact data and facilitating surveys necessary to prepare ratings and reviews. The timing of completion of Fulfillment will vary depending on the Service. Unless specifically agreed otherwise, RentPath will publish the Listing or otherwise launch a product, service or business tool upon completion of Fulfillment and will immediately notify the Advertiser of such deployment. Unless Advertiser notifies RentPath within three business days of such notification that it objects to such product as launched, Advertiser is deemed to approve such product. Certain Services may require different or additional Fulfillment time, the schedule for which will be set forth in the product-specific terms and conditions contained herein or as may be otherwise conveyed to Advertiser. If Advertiser fails to take the actions necessary to facilitate or complete Fulfillment of a Service, RentPath may cancel that Service prior to the end of the Term.
11. Taxes. Advertiser is liable for any sales, use, excise, value-added, services, consumption or other tax that is assessed on the receipt or provision of the Services as a whole, or on any particular service or products, such as business tools. Unless Advertiser provides RentPath an exemption certificate issued by the appropriate taxing authority or agency, RentPath will reflect such tax liability on your bill and will collect and remit such tax on your behalf.
12. DISCLAIMER; LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY SET FORTH HEREIN, RENTPATH MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES TO ADVERTISER OF ANY KIND, EITHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR OTHER WARRANTIES ARISING BY USAGE OF TRADE OR COURSE OF DEALING) REGARDING THE FUNCTIONALITY, PERFORMANCE OR RESULTS OF THE PRODUCTS OR SERVICES PURCHASED OR ANY WEBSITES OR URLS OWNED OR CONTROLLED BY RENTPATH OR ITS AFFILIATES HEREUNDER. RENTPATH DOES NOT GUARANTEE ANY PARTICULAR SORT ORDER OR RANKING OF A LISTING IN SEARCH RESULTS.
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL RENTPATH’S LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT ACTUALLY PAID TO RENTPATH PURSUANT TO THIS AGREEMENT DURING THE SHORTER OF THE TERM DEFINED ON THE INSERTION ORDER (EXCLUDING ANY RENEWAL OR MONTH-TO-MONTH TERM) OR THE PRIOR TWELVE MONTH PERIOD. RENTPATH MAKES NO REPRESENTATION OR WARRANTY REGARDING FEATURES OR SERVICES PROVIDED BY THIRD PARTIES. RentPath shall have no liability whatsoever for any failure to provide the Services due to systems or technological failure or malfunction, or any other circumstances outside of RentPath’s control. RentPath shall not be responsible for any unauthorized use of the Advertiser Content by third parties, including without limitation, unauthorized reproduction and/or tampering by network “hackers.”
13. Miscellaneous. This Agreement (including these Terms and Conditions and an Insertion Order) reflects the full understanding and agreement of the parties and supersedes all prior understandings, agreements and representations, written or oral, with respect to the subject matter of this Agreement, with the exception of any Special Promotion Terms or addenda, which shall remain in effect unless expressly amended. The representations, warranties, covenants, applicable licenses and indemnities contained in this Agreement shall survive the termination or cancellation of this Agreement. This Agreement shall be governed by the laws of the State of Georgia, without regard to its conflict of laws provisions. Any cause of action arising under this Agreement shall be adjudicated in Atlanta, Georgia, and the parties hereby submit to the jurisdiction of the State or Superior courts of Fulton County, Georgia or the Federal District Court for the Northern District of Georgia. This Agreement may be executed in any number of counterparts, and delivered by facsimile or electronic signature, all of which taken together shall constitute one and the same instrument.