In the terms below,
J. Palma Company, LLC is referred to as "JPC";
GetRentCheck.com is referred to as "Service";
the user is referred to as "You", "User" or "Customer".
GENERAL TERMS OF USE
1. ACCEPTANCE OF TERMS AND MODIFICATIONS TO THIS AGREEMENT
IMPORTANT - READ THESE TERMS CAREFULLY BEFORE ACCESSING GETRENTCHECK.COM SERVICES
("SERVICE"). YOU ACKNOWLEDGE AND AGREE THAT BY CLICKING ON THE ACCEPT BUTTON, OR
SIMILAR BUTTONS OR LINKS AS MAY BE DESIGNATED BY COMPANY, TO SHOW YOUR APPROVAL
OF ANY FOREGOING TEXT YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT WITH J.
PALMA COMPANY, LLC ("JPC") ("AGREEMENT"). YOU AGREE TO THE USE OF ELECTRONIC COMMUNICATION
IN ORDER TO ENTER INTO CONTRACTS, PLACE ORDERS AND TO THE ELECTRONIC DELIVERY OF NOTICES,
POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THIS SERVICE.
FURTHERMORE, YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS
IN ANY JURISDICTION, TO THE EXTENT PERMITTED UNDER APPLICABLE MANDATORY LAW, WHICH REQUIRE
AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS.
J. Palma Company, LLC ("JPC") provides its GetRentCheck.com service ("Service") to you, subject
to the following Terms of Service ("TOS"). The TOS tells you what you can expect from the Service,
and what JPC expects of you. JPC may amend the TOS at any time by posting an amended TOS on our
website. The TOS may not be otherwise amended except in writing signed by you and JPC. If any
increase in fees or any change in service offerings or other terms substantially restricts your
lawful use of the Service and is unacceptable to you, you may cancel your subscription. Company
has the right to adopt or amend rules of use or change the terms of this Agreement immediately if
such rules or changes are necessary to protect users' data or to prevent harm to Company's network
or other persons or property, and no subscription refund will be made in such circumstances.
2. USER ACCOUNT AND PASSWORD SECURITY
Once you sign up to become a user of the Service, you shall receive a password and an
account. You are entirely responsible if you do not maintain the confidentiality of
your password and account. Furthermore, you are entirely responsible for any and all
activities which occur under your account. You may change your password at any time.
If you forget your password, you may request it from the company by automated means.
You will be required to answer specific questions to confirm your identification. If
you fail to answer such questions properly, Company may deny you access to the
Service and data you may have stored. Company has no obligation whatsoever to
provide you access to your data upon the expiration or termination of your
subscription.
3. FEES
You may obtain a free 30 day trial membership with the Service. After the expiration of the free trial you will be offered continued use of the Service. You may use a credit card to pay these fees through our third party vendor. Company will charge payment before paid subscription service will be made available. When you provide credit card information through JPC's third party vendor, you represent to JPC that you are the authorized user of the credit card. Non-authorized use of a credit card will be considered fraudulent and give Company grounds for the consideration of legal action and immediate termination of your subscription. JPC will bill you each month on the anniversary of your subscription for your next month's subscription fee and for any outstanding transaction costs incurred during the previous month. In the event of any failure by you to make payment or arrange a credit card with available credit, correspondence will not be processed, account access may be denied and JPC will be under no obligation to provide archived data.
4. REFUNDS
For the first 30 days of membership, you have the option of canceling your service at any time. After 30 days, no refunds will be made on subscriptions and services already paid for, and service fees will not be prorated. You understand that refunds are not possible because the service may have already occurred by the time we are notified or materials in support of that service are automatically purchased on your behalf.
5. TERM AND TERMINATION
This Agreement is effective when JPC accepts your offer to enter into this Agreement and activates your password and shall continue in full force and effect for so long as you have a fully paid-up subscription, retain paid notice credits or paid transaction services or remain incompliance with terms of use for free services, if applicable, unless terminated early under the terms of this Agreement. You may terminate this Agreement at any time by notifying JPC that you are canceling your subscription. JPC may terminate this Agreement, without giving up its right to use any other remedy it may have, if you fail to comply with any of the terms of this Agreement or upon any threat of imminent damage or harm to JPC, JPC'S network or users of the Service, and JPC may remove your Data (or other data) from the Service or terminate your access to the Service or any portion of the Service. Early termination of this Agreement by you or JPC shall not entitle you to any refund unless otherwise provided by law or elsewhere specifically provided in this Agreement. If a paid subscription is cancelled for any reason, the User may request a copy of their Data within 90 days following cancellation. A copy of the account Data will be provided to the User in a form deemed appropriate by the JPC for the amount of Data to be transferred. A minimum $10.00 dollar fee for Data processing and shipping/transfer may apply, all fees must be paid prior to Data transfer. JPC is under no obligation whatsoever to provide any data after the 90-day limit following the day of cancellation for any subscription. You will remain liable for all outstanding payments and fees due at the time of cancellation. Upon termination JPC will invoice the User for all outstanding fees which will be due immediately.
6. CONTENT
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such content ("Content") originated. Specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You understand that JPC does not control, and is not responsible for Content made available through its Service, and that by using this Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge that JPC does not pre-screen or approve Content, but that JPC shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of this Agreement, or for any other reason. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Company be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transferred or otherwise made available via the Service.
7. LINKED CONTENT
JPC provides links to other sites and resources over which JPC has no control. JPC is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. JPC makes no representation or warranty as to the accuracy, safety, reliability, completeness or authenticity of the information contained in any such site. JPC is not liable for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Finally, you acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which the JPC has no control and which will govern your rights and obligations with respect to the use of those Web sites. Your linking or posting to any other websites is at your own risk.
8. RENTAL AGREEMENTS, FORMS, INVOICES AND LETTERS
Service provides forms that generate documents ("Documents"), including, but not limited to, rental agreements, leases, invoices and letters. You take full responsibility of any and all documents used for the purpose of, including, but not limited to, renting apartments between you ("Landlord") and prospective tenant ("Tenant"), notice of eviction and monthly rental invoices. You understand that JPC does not control, and is not responsible for Content to generate Documents, nor is JPC responsible for any Document you issue to a tenant or any other persons. It is your full responsibility to ensure all documents generated from Service are legal and being correctly used by your State and/or County. You agree that you must evaluate, and bear all risks associated with, the use of any Document, that you may not rely on said Document, and that under no circumstances will JPC be liable in any way for any Document or for any loss or damage of any kind incurred as a result of the use of any Document.
9. DATA
As between you and JPC, you will at all times be the owner of the data you create and personally enter (your "Data"); provided however, that the Company may retain and use non-personally-identifiable data that you create and enter including, but not limited to, property address, description and price previously collected from the JPC's Site. You will have no right, title or interest to or in the non-personally-identifiable data compiled by the JPC, any proprietary JPC database, or any derivative work thereof. User acknowledges that JPC will compile and use certain information related to the usage of the Web Site and activities thereon. Such information may include, but not be limited to, the volume of rent payment transactions and the value of rent payment transactions. User agrees that JPC and JPC's partners are authorized to use, reproduce and generally make such information available, as JPC and JPC's partners may deem appropriate, provided that Landlord and the Resident will in no case be individually identifiable. Neither Landlord nor any Resident shall be entitled to notice of such use, nor any fees or other compensation or benefits derived therefrom. You understand that although the Service includes certain security protections, your Data could be disclosed as a result of a failure or breach of the security of the Service or JPC's network, or as a result of errors in the Service or JPC's network and you release JPC from any liability for loss or damage caused by or resulting from any failure or breach of security or from errors in the Service or JPC's network. We do not review messages or confirm the validity of information received. We are not responsible for the content of any letters or messages posted or sent through this system. We do not vouch for or warrant the accuracy, completeness or usefulness of any message, and are not responsible for the contents of any message. The messages and posted content express the views of the author of the message/content, not necessarily the views of JPC or any entity associated with us.
10. COMPANY DATA AND PROPERTY
As between you and JPC, JPC is the sole owner of the Service, the databases and all patents, patent applications, trademarks, copyrights and other proprietary rights of any kind or nature whatsoever related to the Service (collectively, the "Company Intellectual Property"). By accessing the JPC services you obtain no ownership rights in the Company Intellectual Property. Rather, you have a limited license to use the Service as set forth in this Agreement as long as you have a fully paid-up subscription (if applicable) and are in compliance with the terms in this Agreement. All rights not granted to you in this Agreement are expressly reserved to JPC.
11. CONDUCT
You agree to not use the Service to: (a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a JPC official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (g) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (h) intentionally or unintentionally violate any applicable local, state, national or international law; (i) "stalk" or otherwise harass another; (j) collect or store personal data about other users; (k) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.
12. SUPPORT
Except as specifically provided in the description of your subscription, JPC has no obligation to support the Service, correct any defects or create any upgrade. JPC, at its sole option, at any time, may cancel and/or modify the Service, or establish rules relating to its use. Although JPC makes every effort to address questions and requests for changes. JPC has no obligation to support free Services, correct any defects or create any upgrade. JPC, at its sole option, at any time, may cancel and/or modify the free Services, discontinue free Services or establish rules relating to use.
13. ANTI-SPAM POLICY
You understand and agree that sending unsolicited email advertisements of your GetRentCheck.com real estate listing pages or through GetRentCheck.com web based communications is strictly prohibited by these terms. Any unauthorized use of JPC computer systems and transfer of unsolicited email is a violation of these Terms and applicable federal and state laws. Such violations may subject the sender/transmitter and his or her agents to civil and criminal penalties.
14. PRIVACY POLICY
Certain registration information and other information about you may be collected by JPC and through the Service. JPC's use of this information is governed by the JPC Privacy Policy, available at: here.
15. INDEMNITY
You agree to defend, indemnify and hold JPC, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your content, your use of the Service, your connection to the Service, your violation of this Agreement, or your violation of any rights of another. If you are a landlord, you shall indemnify and hold harmless JPC and its affiliates and partners from disputes between landlord and residents.
16. MODIFICATION OF SERVICE
JPC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that JPC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE AND COMPANY'S NETWORK IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, DOCUMENTATION OR COMPANY NETWORK IS ERROR FREE, THAT ALL ERRORS IDENTIFIED WILL BE CORRECTED OR THAT THE SERVICE OR COMPANY NETWORK WILL SUPPORT YOUR NEEDS. COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE AVAILABILITY, CONNECTIVITY, SPEED OR UPTIME OF COMPANY'S WEB SITE OR NETWORK, OR THAT THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. COMPANY SPECIFICALLY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION WITH RESPECT TO THE QUALITY, COMPATIBILITY OR CONTINUITY OF ANY THIRD PARTY TELECOMMUNICATION, INFORMATION SYSTEMS OR INTERNET SERVICE PROVIDER's CONNECTIVITY OR SYSTEMS, OR WITH RESPECT TO THE FUNCTIONALITY, OPERABILITY OR RELIABILITY OF COMPANY'S OR ANY THIRD PARTY'S DATA SECURITY FEATURES OR SYSTEMS. COMPANY DOES NOT GUARANTEE OR WARRANT IN ANY WAY THAT YOUR DATA IS SECURE, EXCEPT THAT THE COMPANY ENDEAVORS TO KEEP YOUR DATA SECURE VIA SSL AND WITHIN THE GUIDELINES OF THE COMPANY PRIVACY POLICY AS POSTED. COMPANY GIVES NO WARRANTY, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, USAGE OF TRADE, COURSE OF DEALING, CUSTOM OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
18. DISCLAIMER OF LIABILITY
YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND USE OF YOUR DATA. UNDER NO CIRCUMSTANCE WHATSOEVER SHALL JPC HAVE ANY LIABILITY OF ANY KIND OR NATURE WHATSOEVER FOR THE ACCURACY OF YOUR DATA OR THE USE OF YOUR DATA BY ANY PERSON OR ENTITY TO WHOM YOU HAVE GRANTED ACCESS OR FOR THE USE OF YOUR DATA BY ANY PERSON WHO MAY GET ACCESS TO YOUR DATA THROUGH A FAILURE OR BREACH OF SECURITY OF THE SERVICE OR JPC'S NETWORK OR THROUGH ERRORS IN THE SERVICE. UNDER NO CIRCUMSTANCE WHATSOEVER SHALL JPC HAVE ANY RESPONSIBILITY OR LIABILITY FOR THE FAILURE OF ANY INSTITUTION OR OTHER ENTITY TO MAINTAIN THE ACCURACY OR INTEGRITY OF THEIR RESPECTIVE FILES INCLUDING, BUT NOT LIMITED TO, THOSE FILES WHICH IDENTIFY REVIEWERS OR FOR ANY TEMPLATE, FORM OR OTHER CONTENT WHICH ANY INSTITUTION, REVIEWER OR OTHER ENTITY MAY PROVIDE ACCESS TO YOU THROUGH THE SERVICE. COMPANY SHALL HAVE NO LIABILITY FOR ANY THIRD PARTY LINKS ADDED TO THE SERVICE BY YOU, YOUR INSTITUTION OR ANY OTHER USER OF THE SERVICE. USE OF THIRD PARTY LINKS IS AT YOUR SOLE RISK AND DISCRETION. RESULTS GENERATED FROM THE USE OF USER'S PORTFOLIO AND PROPERTY ANALYSIS TOOLS DO NOT CONSTITUTE INVESTMENT ADVICE. SERVICE DOES NOT MAKE RECOMMENDATIONS ON PURCHASES, SALES OR INVESTMENTS.
19. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL JPF, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, LOSS OF FILES, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF OPPORTUNITY, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR RESULTING FROM FAILURE OR BREACH OF SECURITY, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OR LOSS OF FILES OR DATA, ERRORS, DEFECTS, DELAYS IN OPERATION OR PERFORMANCE, REGARDLESS OF THE CAUSE INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO JPC'S NETWORK, PROGRAMS OR SERVICES, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THE EVENT THAT JPC FAILS TO PUBLISH A NOTICE IN ACCORDANCE WITH THE SCHEDULE AGREED UPON PURSUANT TO THIS AGREEMENT (OR IN THE EVENT OF ANY OTHER FAILURE, TECHNICAL OR OTHERWISE, OF SUCH NOTICE TO APPEAR AS PROVIDED IN THIS AGREEMENT), THE SOLE LIABILITY OF JPC SHALL BE LIMITED TO THE PURCHASE PRICE OF THE NOTICE IN QUESTION. SUBJECT TO THE AFORESAID LIMITATION WITH RESPECT TO NOTICES, NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY IN THIS AGREEMENT, YOUR EXCLUSIVE REMEDY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHICH YOU MAY INCUR OR SUFFER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, AT LAW OR OTHERWISE, SHALL BE TO RECOVER DAMAGES IN AN AMOUNT THAT IS NOT IN EXCESS OF THE AGGREGATE DOLLAR AMOUNT OF THE SUBSCRIPTION FEE , IF ANY, YOU PAID FOR THE MOST RECENT YEAR OR SHORTER PERIOD PRIOR TO THE MATTER IN QUESTION. TO THE EXTENT THAT JPC'S LIABILITY UNDER THIS AGREEMENT CANNOT BE SO LIMITED OR EXCLUDED BY LAW, LIABILITY SHALL BE LIMITED TO REPLACING ANY DEFICIENT SOFTWARE OR CORRECTING ANY DEFICIENCY THEREIN, AS ELECTED SOLELY BY COMPANY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR CONDITIONS AND/OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE EXCLUSIONS AND/OR LIMITATIONS MAY NOT APPLY TO YOU.
20. TRADEMARK INFORMATION
Service trademarks and service marks and other Company logos and product and service names are trademarks of J. Palma Company, LLC. Without the Company's prior permission, you may not display them in any manner.
21. GENERAL PROVISIONS
Entire Agreement. This Agreement shall constitute the entire agreement between the parties hereto. No provision of this Agreement may be terminated, waived or modified unless set forth in a written agreement signed by both parties to this Agreement or pursuant to JPC posting updated terms as described above, or by you accepting new terms at the time of accepting an upgrade or new version. You shall not assign any of your rights or obligations under this Agreement without the prior written consent of JPC. JPC reserves the right to assign or otherwise transfer all or any portion of this Agreement; provided, however that any assignee or transferee agrees to be bound by the terms and conditions hereof. You shall not permit or allow any other person to use your password to access the Service.
22. FORCE MAJEURE
JPC shall not be responsible or liable for any damages to you by reason of any extraordinary event, such as state or governmental action, war, terrorism, riot, labor dispute or strike, accident, fire, flood, storm, natural catastrophe or prolonged shortage of energy supplies, theft, disruption in connectivity or any other cause beyond the reasonable control of JPC.
23. SEVERABILITY
If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be interpreted so as to reasonably effect the intention of the parties.
24. WAIVER
No failure on the part of either party to exercise, and no delay in exercising, any right or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy granted hereby or by law.