Terms of Use


Rentaba

Terms of Use

Thank you for using the Rentaba website located at www.rentaba.com (the "Site"), as well as the mobile application (the "Application") and the services provided by Rentaba (the "Services"). Whether you are a landlord ("Landlord"), tenant ("Tenant") or visitor, these terms and conditions (these "Terms") govern your use of and access to the Site, the Application, and the Services.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OR ACCESSING THE SITE, THE APPLICATION, OR THE SERVICES. THESE TERMS CONTAIN IMPORTANT INFORMATION, PARTICULARLY WITH REGARD TO YOUR LEGAL RIGHTS. YOU SHOULD CONSULT AN ATTORNEY IF YOU HAVE ANY QUESTIONS ABOUT YOUR POTENTIAL RIGHTS UNDER THESE TERMS.

  1. Agreement with Rentaba

    Your use of the Site, the Application, or the Services enters you into a contractual agreement with Alqhtani & Hanna, LLC, doing business as "Rentaba" (referred herein as "Rentaba").
    BY ACCESSING OR USING THE SITE, THE APPLICATION, OR THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, THAT YOU UNDERSTAND THESE TERMS, AND THAT YOU AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND/OR THE APPLICATION. IF YOU DO NOT AGREE TO ANY ASPECT OF THESE TERMS, THEN STOP USING THE SITE, THE APPLICATION, AND THE SERVICES. If you are accepting or agreeing to these Terms on behalf of a company or any other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, as a result, "you" and "your" in these Terms will refer and apply to that company or other legal entity.

    Rentaba reserves the right, in its sole discretion, to modify the Site, the Application, or the Services or to update these Terms, at any time and without prior notice. If we update these Terms, we will either post the updated Terms on the Site or via the Application or otherwise provide you with notice of the update. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site, the Application, or the Services after we have posted or provide you with the updated Terms, you are agreeing to be bound by the updated Terms. If you do not agree with the updated Terms, do not use the Site, the Application, or the Services.

  2. Overview of the Services

    Rentaba provides an online platform for landlords and tenants to share information regarding the rental of a property (the "Property"). Rentaba serves as the limited authorized payment collection agent of the Landlord for the purpose of accepting, on behalf of the Landlord, payments from Tenants of such amounts stipulated by the Landlord and set forth in a lease agreement (the "Lease Agreement"). Rentaba also acts as an agent for the Landlord and the Tenant, holding the security deposit (the "Security Deposit"), until the termination of the Lease Agreement, and being the arbiter of any disputes between Landlord and Tenant with regard to the Security Deposit. In no way does Rentaba offer or provide insurance. However, Rentaba recommends that both the Landlord and the Tenant acquire insurance for their respective uses of the Property.

    Rentaba does not endorse any Landlord, Tenant, or Property nor provide any verification or certification process. It is within your sole discretion whether to rent a specific Property and to exercise your due diligence prior to entering into any Lease Agreement. In no way shall Rentaba be liable for any damage or harm resulting from your interactions with any Landlord, Tenant, or Property. By using the Site, the Application, or the Services, you agree that any legal remedy or liability that you seek to obtain against a Landlord, a Tenant, or a Property shall be limited to a claim against that particular Landlord, Tenant or Property which caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Rentaba with respect to such actions or omissions.

    THE SITE, THE APPLICATION, AND THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE LEASING OF RENTAL HOUSING. RENTABA DOES NOT CONTROL THE CONTENT CREATED IN ANY LISTINGS NOR THE CONDITION, LEGALITY OR SUITABILITY OF ANY PROPERTY. RENTABA IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL PROPERTIES. ACCORDINGLY, ANY RENTING IS MADE OR ACCEPTED AT THE TENANT'S OWN RISK.

    Not a Real Estate Broker
    THE SITE, THE APPLICATION, AND THE SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH LANDLORDS MAY STORE INFORMATION FOR TENANTS, WITH REGARDS TO THE RENTAL OF A PROPERTY. YOU UNDERSTAND AND AGREE THAT RENTABA IS NOT A PARTY TO THE LEASE AGREEMENT SIGNED BETWEEN THE LANDLORD AND THE TENANT, NOR IS RENTABA A REAL ESTATE BROKER, AGENT OR INSURER. RENTABA HAS NO CONTROL OVER THE CONDUCT OF LANDLORDS, TENANTS, EMPLOYEES OF THE LANDLORD, INDEPENDENT CONTRACTORS, GUESTS AND/OR OTHER USERS OF THE SITE, THE APPLICATION, AND THE SERVICES, OR ANY PROPERTY AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  3. Account Registration

    To register for a Rentaba account, you must visit the Site and provide the information that is required. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. You are responsible for safeguarding your account information, including your password, and you agree that you will be solely responsible for any activities and/or actions taken under your account. You acknowledge that Rentaba shall not be liable in the event that there is an unauthorized access of your account and that you will immediately notify Rentaba in the event of an unauthorized access of your account.

    The Site, the Application, and the Services are intended solely for persons who are 18 years of age or older. Any access to or use of the Site, the Application, or the Services by anyone under 18 is expressly prohibited. By accessing or using the Site, the Application, or the Services you represent and warrant that you are 18 years of age or older.

    Suspension, Termination and Rentaba Account Cancellation
    Rentaba reserves the right, in its sole discretion and without prior notice, to limit, suspend, deactivate or cancel your Rentaba account at any point in time and for any reason. Rentaba shall not be liable to you in the event of a limitation, suspension, deactivation, or cancellation of your Rentaba account. You may cancel your Rentaba account at any time by contacting Rentaba. Upon cancellation of your Rentaba account, Rentaba shall retain access to and use of any information that you had provided to Rentaba or via the Site or the Application.

  4. Lease Agreement

    You acknowledge that the rental of any Property shall be contingent upon the Landlord and the Tenant(s) executing a lease agreement (the "Lease Agreement") that is separate and in addition to these Terms. The Landlord and the Tenant shall be solely responsible for fulfilling each person's respective responsibilities under that Lease Agreement. In no way shall Rentaba have any responsibility for any rights and/or obligations that are due under the Lease Agreement. Notwithstanding the foregoing, the Landlord and the Tenant hereby authorize Rentaba to collect payments from the Tenant for any and all rental charges, repairs, administrative costs, and other costs for which the Tenant is responsible. By providing payment information, the Tenant agrees and acknowledges that Rentaba may automatically deduct from the Tenant's bank account or charge the Tenant's credit or debit card for any and all amounts that are due.

  5. Appointment of Rentaba

    Each Landlord hereby appoints Rentaba to: (1) serve as the limited payment collection agent solely for the purpose of accepting the monthly rental fees and any other amounts that are due from the Tenants; (2) hold the Security Deposit pending the termination of the Lease Agreement; (3) collect and maintain any materials and data that document the Landlord-Tenant relationship; and, (4) contact any utility companies or other service providers on behalf of the Landlord to coordinate or arrange any services. Rentaba does not guarantee any payments to Landlord. In accepting this appointment, Rentaba assumes no liability for any acts or omissions of the Landlord. The Landlord is solely responsible for providing the Property to the Tenant.

    Each Tenant hereby authorizes Rentaba to: (1) collect any amounts that are due; (2) hold the Security Deposit pending the termination of the Lease Agreement; (3) collect and maintain any materials and data that document the Landlord-Tenant relationship; and, (4) contact any utility companies or other service providers on behalf of the Tenant to coordinate or arrange any services. Collection may occur through a third-party online payment processor. You authorize Rentaba to charge any credit or debit card or to make an automatic deduction from any bank account, which you have provided to Rentaba. In accepting this appointment, Rentaba assumes no liability for any acts or omissions of the Tenant. The Tenant is solely responsible for paying the rent and fulfilling the other terms of the Lease Agreement.

  6. Tenant's Responsibilities

    The Tenant's continued use of the Site shall be contingent on the Tenant taking the following actions: (1) paying the application fee or any other fees that are due as a result of the Tenant's use of the Site and any of its services; (2) completing the checklist provided by Rentaba (the "Tenant Checklist") within five (5) days of moving into the Property; (3) uploading any pictures of or notes about the Property to the Site; and, (4) complying with these Terms of Use and any other Rentaba policies.

  7. Landlord's Responsibilities

    The Landlord's continued use of the Site shall be contingent on the Landlord taking the following actions: (1) paying any fees that are due as a result of the Landlord's use of the Site and any of its services; (2) completing the checklist provided by Rentaba (the "Landlord Checklist") within thirty (30) days of the Tenant(s) relinquishing control of a Property; (3) uploading any photographs of or notes about the Property to the Site; and, (4) complying with these Terms of Use and any other Rentaba policies. 

  8. Resolution of Disputes Between Landlords and Tenants

    In the event that there is any dispute between the Landlord and the Tenant over the lease of the Property, that dispute shall be resolved solely between the Landlord, the Tenant, and any courts that may have jurisdiction over the dispute. The Landlord and the Tenant hereby acknowledge that Rentaba shall not be a party to such dispute nor shall Rentaba be involved in the dispute in any way. Notwithstanding the foregoing, Rentaba, upon request of the Landlord or the Tenant, may provide informational materials on the legal system and any materials and/or data that have documented the relationship between the Landlord and the Tenant.

  9. Distribution of the Security Deposit

    Deposit. Pursuant to the Lease Agreement, the Tenant has agreed to deposit with Rentaba the Security Deposit for the tenure of the occupancy of the Property.  The Security Deposit shall be held by Rentaba until the Tenant relinquishes occupancy and the Landlord has verified whether there has been any damage to the Property and, if so, the amount of the damages.

    Review of the Property by Landlord. Within thirty (30) days of the Tenant relinquishing occupancy of the Property, which includes returning any keys to the Property, the Landlord shall inspect the Property.  The inspection process shall involve the Landlord completing the checklist provided by Rentaba (the "Landlord Checklist") and uploading any photographs of or notes about the Property to the Site.  A failure to submit the Landlord Checklist within thirty (30) days shall indicate that the Landlord is satisfied with the condition of the Property and gives consent to Rentaba to release the Security Deposit in full to the Tenant. Rentaba shall have no responsibility for reviewing the Property nor assessing any potential damages of the Property.

    Distribution of the Security Deposit. Upon submission of the Landlord Checklist, the Landlord shall indicate to Rentaba the amount of the Security Deposit that may be returned to the Tenant. The Tenant authorizes Rentaba to deduct from the Security Deposit any amounts owed by the Tenant and as determined by the Landlord as a result of: (1) losses sustained by the Landlord during the term of the Lease Agreement that are caused by the Tenant's violation of the Lease Agreement terms and conditions or rules and regulations; and, (2) unpaid monthly rental payments, unpaid additional rent, or unpaid late charges. If the Tenant is responsible for damage that is more than the Security Deposit, Tenant authorizes Rentaba to deduct such amount from the Tenant's bank account or to charge the Tenant's credit or debit cards.

  10. Notice

    The Landlord and the Tenant acknowledge that Rentaba shall maintain only those communications that are conducted via the Site. Rentaba shall not have any responsibility for any communications, whether written or oral, not conducted via the Site.

  11. Service Fees

    As consideration for use of the Site, the Application, and/or the Services, Rentaba shall charge service fees and expenses (the "Service Fees"). Rentaba shall deduct any Service Fees that are owed from the payments collected from the Tenants. Rentaba may impose or deduct foreign currency processing costs on or from any payments or payouts by Rentaba in currencies other than U.S. dollars.

  12. Recurring Payments

    You authorize Rentaba to charge your credit/debit card or deduct from your bank account for all relevant fees, charges, or payments that are due, including on a recurring basis. This authorization shall remain in place until you provide written notice to Rentaba thirty (30) days in advance of cancelling this authorization. You will not dispute Rentaba's recurring billing with your credit/debit car or bank, so long as the amount in question was for services rendered prior to you providing written notice of cancellation of your account. In the event that Rentaba is not able to process your credit/debit card or deduct from your bank account, you understand that you may be liable for any additional fees charged as a result of this failure to process payment. You guarantee and warrant that: (1) you are the legal cardholder for the credit/debit card on file or the legal representative of the bank account; and, (2) you are legally authorized to enter into this billing agreement with Rentaba.

  13. Payments Processed by Third Party

    Payment processing services for the Landlords and the Tenants on the Site are provided by Stripe, Inc. ("Stripe") and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms or continuing to access the Site, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Rentaba enabling payment processing services through Stripe, you agree to provide Rentaba accurate and complete information about you and your business, and you authorize Rentaba to share it and transaction information related to your use of the payment processing services provided by Stripe.

  14. Privacy

    You agree that Rentaba's Privacy Policy (as may be updated from time to time) governs Rentaba's collection and use of your personal information.

  15. Intellectual Property

    The Site, the Application, the Services, and any content produced by or provided to Rentaba are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, the Application, the Services and any content produced by or provided to Rentaba, including all associated intellectual property rights, are the exclusive property of Rentaba and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Site, the Application, the Services, or any content produced by or provided to Rentaba. You hereby agree to assign all rights, title and interest in and to any intellectual property created as a result of your use of the Site, the Application, and the Services.

  16. Application License

    Contingent upon your compliance with these Terms, Rentaba grants you a limited, non-exclusive, non-transferable license to download and install a copy of the Application of each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use.

  17. User Conduct

    You acknowledge that your use of the Site, the Application, and the Services shall not conflict with any laws, rules, regulations, ordinances, taxes, or other legal requirements and that you are solely responsible for compliance with any laws, rules, regulations, ordinances, taxes, or other legal requirements. In the event that your use of the Site, the Application, and the Services conflicts with a law, rule, regulation, ordinance, tax or other legal requirement, you hereby agree that: (a) you are solely responsible for that conflict; (b) Rentaba shall not be liable in any way; and, (c) you will indemnify, defend and hold Rentaba harmless from any and all claims, fines, loses, penalties, judgments, decisions or other damages incurred or suffered by Rentaba as a result of such conflict.

    By using the Site, the Application, and/or the Services, you agree not to:

    • use the Site, the Application, and/or the Services in any way that is inconsistent with these Terms or Rentaba's Privacy Policy or for any commercial or other purposes that are not expressly permitted by these Terms;
    • use any information, including the information submitted by a Landlord or Tenant, for purposes not expressly permitted by these Terms;
    • infringe on the rights of any persons, including but not limited to, any intellectual property, privacy, publicity or contractual rights;
    • interfere with or damage the Site, the Application, or the Services in any way;
    • harass any Landlord, Tenant, or guest of a Landlord or Tenant;
    • offer any Property for rent for which you do not have the permission to rent;
    • impersonate someone else, register for more than one Rentaba account, or register for a Rentaba account on behalf of someone else;
    • recruit or otherwise solicit a Landlord or Tenant to join any third-party services or any companies that are competitive to Rentaba;
    • use any intellectual property, including any trademarks or logos, of Rentaba without Rentaba's prior express written consent;
    • attempt to decipher, decouple, disassemble, or reverse engineer any of the software used to provide the Site, the Application, or the Services; or,
    • advocate, encourage, assist, or authorize any third party to engage in any of the above.

    Rentaba has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

  18. Content

    User Content. User Content. Either as the Landlord or as the Tenant, you will be required and/or permitted to submit certain user content, including any reviews of the Landlord, the Tenant, the Property, the Site, the Application, or the Services (any information submitted collectively referred to herein as the "User Content"). You acknowledge and agree that you are solely responsible for any User Content submitted and that you have verified any User Content prior to submission. You also agree not to post anything that: (1) infringes on the intellectual property rights of a third party; (2) violates or encourages conduct that violates any laws, rules, regulations, ordinances, taxes, or other legal requirements; (3) is fraudulent, false, misleading, or deceptive; (4) is defamatory, obscene, pornographic, vulgar, or offensive; (5) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (6) is violent or threatening or promotes violence or actions that are threatening to any other person; or, (7) promotes illegal or harmful activities or substances.

    Rentaba may access, preserve, and disclose any of your User Content if we are required to do so by law, or if we believe in good faith that it is reasonably necessary: (1) to respond to claims asserted against Rentaba or to comply with a legal process (for example, subpoenas or warrants); (2) to enforce or administer our agreements with users, such as these Terms; (3) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes; or (4) to protect the rights, property, or safety of Rentaba, its users, or members of the public. You acknowledge that Rentaba has no obligation to monitor your access to or use of the Site, the Application, or the Services or to review, modify, edit, or remove any User Content, but that Rentaba has the right to do so, which right will be exercised solely at Rentaba's discretion. Rentaba reserves the right, at any time and without prior notice, to remove or disable access to any User Content, at its sole discretion.

    By making available any User Content on or through the Site, the Application, and the Services, you hereby grant to Rentaba a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote or market the Site, the Application, and the Services.

    Rentaba Content. Subject to your compliance with these Terms, Rentaba grants you a limited, non-exclusive, non-transferable license, to: (1) access and view any content produced by or shared by Rentaba via the Site, the Application, or the Services (the "Rentaba Content") solely for your personal and non-commercial purposes; and, (2) access and view any User Content to which you are permitted to access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Site, the Application, the Services, or any content produced via the Site, the Application, or the Services except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Rentaba or its licensors, except for the licenses and rights expressly granted in these Terms.

  19. Credit Reporting and Other Links

    The Site, the Application, and the Services may contain links to third-party websites or resources, such as a credit reporting service. You acknowledge and agree that Rentaba is not responsible or liable for: (1) the availability or accuracy of such websites or resources or any information produced by these websites or resources; or (2) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Rentaba of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.

  20. Disclaimers

    IF YOU CHOOSE TO USE THE SITE, THE APPLICATION, THE SERVICES OR ANY USER CONTENT OR RENTABA CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT RENTABA DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, LANDLORDS AND TENANTS, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION. THE SITE, THE APPLICATION, THE SERVICES, AND ANY USER CONTENT OR RENTABA CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, RENTABA EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. RENTABA MAKES NO WARRANTY THAT THE SITE, THE APPLICATION, THE SERVICES, OR ANY USER CONTENT OR RENTABA CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. RENTABA MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PROPERTIES, LANDLORDS, TENANTS, GUESTS, SERVICES PROVIDED IN CONNECTION WITH ANY PROPERTY, USER CONTENT, OR RENTABA CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OR RENTABA CONTENT OBTAINED THROUGH THE SITE, THE APPLICATION, OR THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RENTABA OR THROUGH THE SITE, THE APPLICATION, THE SERVICES OR ANY USER CONTENT OR RENTABA CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

    YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, THE APPLICATION, OR THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, THE APPLICATION, OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY LANDLORDS OR TENANTS. YOU UNDERSTAND THAT RENTABA DOES NOT MAKE ANY ATTEMPT TO VERIFY ANY USER CONTENT OR RENTABA CONTENT OR TO REVIEW OR VISIT ANY PROPERTIES, EXCEPT IN THE EVENT OF A DISPUTE OVER THE SECURITY DEPOSIT. RENTABA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, THE APPLICATION, OR THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, THE APPLICATION, OR THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, THE APPLICATION, OR THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, THE APPLICATION, OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, LANDLORDS AND TENANTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON, REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY RENTABA. NOTWITHSTANDING RENTABA'S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE LANDLORD FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM TENANTS ON BEHALF OF THE LANDLORD, RENTABA EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.

  21. Limitation of Liability

    YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, THE APPLICATION, THE SERVICES, THE USER CONTENT, AND THE RENTABA CONTENT, YOUR RENTAL AND USE OF ANY PROPERTY VIA THE SITE, THE APPLICATION, AND THE SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF RENTABA WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER RENTABA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, THE APPLICATION, THE SERVICES, THE USER CONTENT, OR THE RENTABA CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, THE APPLICATION, THE SERVICES OR THE USER CONTENT OR RENTABA CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, THE APPLICATION, OR THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, THE APPLICATION, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RENTABA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

    IN NO EVENT WILL RENTABA'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, THE APPLICATION, AND THE SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR RENTAL OF ANY PROPERTY VIA THE SITE, THE APPLICATION, AND THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, THE APPLICATION, THE SERVICES, OR ANY USER CONTENT OR RENTABA CONTENT, EXCEED THE AMOUNT OF THE SECURITY DEPOSIT. IF THERE IS NO SUCH SECURITY DEPOSIT, THEN RENTABA'S TOTAL LIABILITY IN THE AGGREGATE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100.00). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RENTABA AND YOU.

  22. Release & Indemnification

    You agree to release, defend, indemnify, and hold Rentaba and its affiliates, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (1) your access to or use of the Site, the Application, the Services, or any User Content or Rentaba Content; (2) your violation of these Terms; (3) your (i) interaction with any User, (ii) rental of a Property, or (iii) creation of the listing of a Property; and, (4) the use, ownership, condition, or rental of a Property by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of a rental, booking, or use of a Property.

  23. Miscellaneous

    Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Rentaba and you regarding the Site, the Application, the Services, or any User Content or Rentaba Content, and any rentals of a Property made via the Site, the Application, and the Services. These Terms supersede and replace any and all prior oral or written understandings or agreements between Rentaba and you regarding the rental or use of a Property, the Site, the Application, the Services, and any User Content or Rentaba Content.

    Independent Contractor. Rentaba is an independent contractor of Landlord and Tenant. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms or any use of the Site, the Application, or the Services.

    Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Rentaba's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Rentaba may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

    Notices. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Rentaba: (1) via email (in each case to the address that you provide) or (2) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

    Controlling Law and Jurisdiction. These Terms and your use of the Site, the Application, and the Services will be interpreted in accordance with the laws of the Commonwealth of Pennsylvania, without regard to any conflict-of-law provisions. You and Rentaba agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Erie County, Pennsylvania, for any disputes arising out of or related to these Terms.

    Third Party Beneficiary. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.

    General. The failure of Rentaba to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Rentaba. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.




Last Updated: February 24, 2016