Terms & Conditions

Last Modified: November 16, 2014

Acceptance of the Terms of Use

The following terms and conditions, together with any documents expressly incorporated by reference (collectively, these “Terms of Use”), govern your access to and use of our website, https://www.rentpaid.com (the “Website”), and the services provided therein and thereby, including, without limitation, any software-based services (collectively, “Services”) provided by Caerus LLC (“Company”, “we”, “our” or “us”), whether your access or use is as a guest or a registered user.

Please read these Terms of Use carefully before using the Website or Services. By using our Website or Services, or by clicking to accept or agree to these Terms of Use when the option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use our Website or Services.

The Services are offered and available to users who are 18 years of age or older, reside in the United States with a U.S. postal address, and are able to form a legally binding contract under applicable law. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or Services.

The Services

You understand that we provide the Services as a convenience to you and your designated payee (i.e., your landlord or property manager (“Payee”)), but not as your agent or Payee’s agent. Instead, we are a third-party service provider that provides a convenient way for you to electronically pay your rent (each a “Payment”) to Payee. We are not a payment processor, collection agency or property management company, and we do not offer these types of services.

In providing the Services, in addition to us, other third-party service providers will be engaged, such as parties who perform electronic payment processing services. We do not control these third parties and are not liable for their actions or any loss or damage that may arise from the use of their services, which is subject to their individual terms, conditions and privacy policies. Payee and any third-party service providers used in connection with the Services, including without limitation Vericheck Inc. and any financial institutions or payment service providers used by Vericheck Inc., are express and intended third party beneficiaries to these Terms of Use and have all the rights under these Terms of Use as if they were a party.

Initial User Setup

When you initially register for the Services, you will be required to provide certain account registration information. It is a condition of your use of the Services that all the information you provide to us is correct, current and complete. You agree that all information you provide to register for the Services or otherwise, including but not limited to through the use of any interactive features of the Website or Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose or are provided with a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or the Services or portions of either using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

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

Bank Account and Debit or Credit Card Authorization

By accepting these Terms of Use, completing the user set-up/registration process and using the Services, you hereby authorize Payee to debit your bank account and/or charge the credit or debit card you provide at scheduled or periodic intervals in accordance with your instructions in order to make your Payment.

In exchange for your use of the Services, each time your Payment is debited from your bank account or charged to your credit or debit card, you also authorize Payee to debit your bank account or charge your credit or debit card as part of the same Payment transaction the applicable convenience fee and other fees and charges (“Fees”) described in the relevant Fees schedule below. You may cancel your authorization at any time by sending notice to us, on Payee’s behalf, at [email protected]; however, if we do not receive your cancellation notice at least five (5) business days before your next Payment transaction is scheduled, then the cancellation will not be effective until after your next Payment is debited from your bank account or charged to your credit or debit card. You acknowledge that the origination of ACH transactions to your account must comply with the provisions of the United States law, the rules of the National Automated Clearing House Association (NACHA) and the rules of your debit or credit card issuer.

Payments

Ownership. Once a Payment is debited from your bank account or charged to your credit or debit card, the Payment and associated Fees become the property of Payee. You agree that any disputes with respect to Payments, including without limitation reversals, chargebacks or refunds, must be resolved between you and Payee.

Processing. Payments are debited from your bank account or charged to your credit or debit card on the date you select. Once debited or charged, you may not revoke, alter or prevent the Payment transaction and any associated Fees from occurring. Payment processing may take up to seven (7) business days; therefore, you may want to select a date to debit your account or charge your debit or credit card that is prior to your rent due date. You acknowledge that under no circumstance will we be responsible for any charges, fees (including late fees), overdrafts or penalties resulting from a Payment transaction.

Fees. In consideration for the Services, you agree to pay the Fees described in the following Fees schedule, as applicable:

Method of Payment Convenience Fee Chargeback / Reversal / Insufficient Funds Fees

ACH/eCheck $3 $25
Visa/MasterCard 2.5% $35

Taxes. You are responsible for any and all applicable taxes, including sales, use, personal property, excise, or other taxes imposed by governmental entities of whatever kind with respect to each Payment transaction, including penalties and interest but specifically excluding taxes based on our net income. We are not responsible for determining whether taxes apply to a Payment transaction nor are we responsible for colleting sales, income or other taxes with respect to Payments.

Accessing the Services and Account Security

We reserve the right to suspend or modify the Website or Services from time to time without prior notice to you, except that we will give at least ten (10) day prior notice to you of any modification of the Services that would, in our sole discretion, adversely affect you. We may also modify any of our Fees, in or sole discretion, with at least ten (10) days’ notice to you. Notice to you may be provided in the form of an email or update to the Website in a noticeable location, such as on the home or payment page.

Subject to your authorized use of the Website and Services in compliance with these Terms of Use, we will use commercially reasonable efforts to make the Services available 24 hours per day, seven days per week, except for:

• Scheduled downtime, which we will use commercially reasonable efforts to schedule as needed for routine maintenance;

• Service downtime or degradation due to a force majeure event (including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockage, national or regional emergency, strikes, labor stoppages or slowdowns, passage of law or any action taken by a governmental or public authority, or national or regional shortage of adequate power, utility or telecommunications service, including without limitation internet, wireless or network capabilities and payment or financial systems functionality); or

• Any other circumstances beyond our reasonable control, including your use or misuse of the Website or Services. Notwithstanding the foregoing, we do not guarantee that the Services will be available at all times, and we will not be liable if, for any reason, all or any part of the Website or Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or the Services, or the entire Website or Services, to users, including registered users. DSL, cable, or another high-speed internet connection is required for proper transmission of the Services. You are responsible for:

• Procuring and maintaining the network connections necessary to connect to the Website and Services, including but not limited to browser software that supports protocol used by us, and for following the access procedures for services that support such protocols.

• Making all other arrangements necessary for you to have access to the Website and Services.

• Ensuring that all persons who access the Website or Services through your internet or mobile connection are aware of these Terms of Use and comply with them. We assume no responsibility for notifying you of any upgrades, fixes or enhancements to any software or for any compromise of data transmitted across computer networks or telecommunications facilities, including but not limited to the internet, which are not owned or operated by us. We assume no responsibility for the reliability or performance of any connections described herein.

Intellectual Property Rights

The Services, and all intellectual property rights therein and thereto, and the Website’s contents, features and functionality (including but not limited to all information, software, data, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us or our licensors and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

As between you and us, you are and will remain the sole and exclusive owner of all right, title and interest in and to all information, data and other content provided to us by you in connection with the Services (“Your Data”), subject to the following:

• You irrevocably grant all such rights and permissions in or related to Your Data to us and any third party service providers as are necessary or useful to perform the Services or enforce these Terms of Use.

• You unconditionally and irrevocably assign to us all right, title and interest in and to all information, data and other content that is derived by or through the Services from processing Your Data.

As between you and us, we are and will remain the sole and exclusive owner of all right, title and interest in and to the Company name and logo, the term “RentPaid,” and all related names, logos, product and service names, designs and slogans, each of which are trademarks of the Company or its affiliates or licensors. All other names, logos, product and service names, designs and slogans used in connection with the Website or Services are the trademarks of their respective owners. You must not use such marks without the prior written permission of us or the respective owner of such mark, and you must not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.

Restrictions

These Terms of Use permit you to use the Website and Services for your own personal use only. You must not access or use for any commercial purposes the Services or any part of the Website. Your use of the Website and Services shall not include outsourcing, reselling, sublicensing or concurrent use of a single user login. You shall not, and shall not permit any third party to, do any of the following:

• Copy, modify, create any derivative works or improvements of the Website or Services.

• Reserve engineer, reverse assemble, disassemble or decompile the Website or Services or any part thereof, or otherwise attempt to derive or gain access to any source code of the Website or Services.

• Bypass or breach any security device or protection used by the Website or Services or access or use the Website or Services other than as authorized using the user name obtained during user set-up.

• Input, upload, transmit or otherwise provide to or through the Website or Services any information or materials that are unlawful or injurious, or contain, transmit or activate any harmful code, including any software, hardware or other technology, device or means (including without limitation any virus, worm, malware or other malicious computer code), the purpose or effect of which is to (a) permit unauthorized access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede in any manner any (i) computer, software, firmware, hardware, system or network or (ii) any application or function of any of the foregoing or the security, integrity, confidentiality or use of any data processed thereby, or (b) prevent you or any authorized user from accessing or using the Website or Services as intended in accordance with these Terms of Use.

• Damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the Website or Services, or the provision of services to any third party by us or any third party service provider, in whole or in part.

• Remove, delete, alter or obscure any trademarks, specifications, documentation, warranties or disclaimers, or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Website or Services, including any copy thereof.

• Use the Website or Services in a manner that is contrary to applicable law or in violation of any third party rights of privacy or intellectual property rights.

• Access or use the Website or Services for purpose of competitive analysis of the Website or Services, the development, provision or use of a competing software service or product or any other purpose that is to our determinate or commercial disadvantage.

• Use or knowingly permit the use of any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of the Services.

• Access or use the Website or Services beyond the scope of the authorization granted by these Terms of Use.

If you breach any of the foregoing restrictions, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of our materials you have made. No right, title or interest in or to the Services or any content on the Website is transferred to you, and we reserve all rights not expressly granted. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Links

If the Website contains links to other sites, applications or resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites or applications linked to our Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or applications.

You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

Geographic Restrictions

The owner of the Website is based in the United States. We provide the Website for use only by persons located in the United States. Access to the Services by persons located outside the United States is not permitted.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website 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 data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. 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 OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE, SERVICES OR APPLICATION LINKED TO IT.

YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR OWN RISK. THE WEBSITE AND SERVICES 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 SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE, THE SERVICES OR THE SERVER THAT MAKES EITHER AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE SERVICES IN THE LAST 3 MONTHS OUT OF WHICH LIABILITY AROSE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use, your use of the Website or Services or your violation of any law or right of any third party.

Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Use 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 INDIANA without giving effect to any choice or conflict of law provision or rule (whether of the State of INDIANA or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of INDIANA in each case located in the City of INDIANAPOLIS and County of MARION. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Electronic Communications and Electronic Signature; Notice

You authorize us to accept your electronic signature as authentication of your access and use of the Services and consent to receive electronic communications from us in connection with your use of the Website and Services. It is your responsibility to ensure your email address is up-to-date and able to receive correspondence from us. Withdrawal of your consent to receive electronic communications or to the use of your electronic signature may be communicated to us by email as specified below and will become effective no earlier than five (5) business days from such notice. If such consent is withdrawn, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of our materials you have made.

Our email address for communication and notice purposes relating to these Terms of Use or the Services is [email protected].

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website and Services thereafter. However, any changes to the dispute resolution provisions set forth above will not apply to any disputes for which the parties have actual notice prior to the date the change is updated on the Website.

Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check the Website from time to time so you are aware of any changes, as they are binding on you.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Caerus LLC with respect to the Website and Services, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and Services.