Tenant Agreement
Landlord Agreement
TENANT USER AGREEMENT
This User Agreement ("Agreement") is a contract between you and Buzzrent.com,
Inc. ("BR") and applies to your use of the Buzzrent.comT payment service and
any related products and services available through www.buzzrent.com
(collectively the "Service"). You signify your acceptance of these terms and
conditions of service by clicking the "Accept" button below and continuing to
access or use this Site, or any service available on this Site. If you do not
agree to be bound by the terms and conditions of this Agreement, please do not
use or access our Services or the www.buzzrent.com web site (the "Site").
You must read, agree with, and accept all of the terms and conditions contained
in this Agreement and the Privacy Policy which is also posted on the Site,
which include those terms and conditions expressly set out below and those
incorporated by reference, before you may register with BR. We strongly
recommend that, as you read this Agreement, you also access and read the
information contained in the other pages and websites referred to in this
document, as they may contain further terms and conditions that apply to you as
a BR user. Please note: underlined words and phrases are links to these pages
and websites. By accepting this Agreement, you also agree that your use of
other BR websites and Services will be governed by the terms and conditions
posted on those websites.
As a condition of your use of the Service, you further represent and agree that:
(i) you have the power and authority to enter into this Agreement; (ii) you are
at least eighteen (18) years old; (iii) you will comply with all US law
regarding the transmission of any data obtained from the Service in accordance
with this Agreement; (iv) you will not use the Service for illegal or
fraudulent purposes, or in any manner inconsistent with this Agreement; (v) you
will not interfere or disrupt networks connected to the Service; (vi) you will
true, accurate, current and complete information in the registration form (the
"User Information"); (vii) you will promptly update any changes to your User
Information. Failure to meet any of the foregoing conditions shall result in
the suspension or termination of your account, as determined in BR's sole and
absolute discretion.
For additional information about the Service and how it works, please also
consult the BR Help FAQ section of the Site.
We may amend this Agreement at any time by posting the amended terms on our
Site. Except as stated below, all amended terms shall be effective immediately
when they are posted on our Site and your continued use of this Site shall
constitute an acceptance of all additional terms and conditions or
modifications to this Agreement. Accordingly, please continue to review these
terms and conditions of service whenever accessing or using this Site. If, at
any time, you do not wish to accept the terms and conditions of service, do not
use the Site. Changes will be posted on the "Policy Updates" page, accessible
from "Policy Updates" link on the "My Account" page once you have logged in. In
addition, you can set your preferences to receive email notification of all
policy updates. You may review the current Agreement prior to initiating a
transaction at any time at our User Agreement page.
In this Agreement, "you" or "your" means any person or entity using the Service
("Users"). Unless otherwise stated, "BR," "we" or "our" will refer collectively
to Buzzrent.com, Inc. and its subsidiaries, subcontractors and affiliates.
Unless otherwise specified, all references to a "bank" in this Agreement
include savings associations, financial institutions and credit unions, and all
references to a "credit card" include Visa- and MasterCard-branded credit and
debit cards.
This Agreement was last modified on May 11, 2006.
In order to use the Service, you must register for a Renter's / Tenant's
account. Users may only hold one Renter's account. Our Services are only
available to individuals or businesses that can form legally binding contracts
under applicable law. Without limiting the foregoing, our Service is not
available to minors (under 18), persons who are suspended from our Service, or
to persons who present an unacceptable level of credit risk.
1. Agency Authorization; Interest.
1.1 Agency Relationship.
BR acts as a facilitator to help you make payments to Participating Lessors. We
act as your agent based upon your direction and your requests to use our
Services that require us to perform tasks on your behalf. BR will at all times
hold your funds separate from its corporate funds, will not use your funds for
its operating expenses or any other corporate purposes, and will not
voluntarily make funds available to its creditors in the event of bankruptcy or
for any other purpose. You acknowledge that (i) BR is not a bank and the
Service is a payment processing service for payment of your rental financial
obligations rather than a banking service, and (ii) BR is not acting as a
trustee, fiduciary or escrow with respect to your funds, but is acting only as
an agent and custodian. Therefore, when you submit a payment for processing, we
are authorized to take commercially reasonable action, to consummate the
transaction on your behalf.
1.2 No Interest.
You agree that you will not receive interest or other earnings on the funds that
BR handles as your agent. BR may earn interest on those funds, or may receive a
reduction in fees or expenses charged for banking services by the banks that
hold your funds.
2. Description of BR's Services.
BR currently provides access to an Internet-based credit card and on-line
electronic checking payment service to rental property owners, rental property
managers (each, a "Participating Lessor") and their respective tenants (the
"Service"), which facilitates various electronic payment services for monthly
rents, periodic rents, security deposits, other deposits, condo fees, timeshare
charges, utility payments, common area maintenance, operational costs, other
fixed payments and all other fees and charges related to leased real estate,
fixed or variable (collectively, the "Rent"). You, as the tenant of a
Participating Lessor, are eligible to use the Services to pay your Rent and any
related fees covered under our service agreement with the Participating Lessor.
Your credit card or on-line electronic checking made through the Service will
be remitted to your Participating Lessor in accordance with our service
agreement with the Participating Lessors. You will receive a timely written
confirmation from BR acknowledging the BR's receipt of credit card or on-line
electronic checking payments. Unless explicitly stated otherwise, any new
features, which enhance or augment BR's current service offering shall be
subject to the terms and conditions of service, and BR may charge additional
amounts for any premium services to which you agree to enroll. In order to use
the Service, you will need to have access to the Site via the Internet.
3. Fees and Payments.
To use this Service, you agree that BR shall be entitled to charge you a
per-transaction service fee of 2.65% of the Rent being paid (the "Service Fee")
plus an additional $3.00 (the "Transaction Fee")(collectively, the "Fees").
When you receive your email notification that the transaction has processed,
such statement will also include itemized the Service Fee and Transaction Fee
being charged. BR reserves the right at any time to: (a) charge and/or increase
the Fees for the Services, and/or (b) impose additional Fees for accessing some
of the current Services as a premium service. In no event will you be charged
for access to portions of the Service for transactions that are processing
prior to BR's increase.
Note that you may be subject to additional increases in charges for your next
use of the Service and you are advised to check the current rates set forth in
this Agreement or Policy Updates, which may be change, at any time in BR's
discretion, and without notice to you other than as set forth in this
Agreement.
You shall pay all applicable taxes relating to the use of the Service through
your account, including, without limitation, all sales, use and value added
taxes. Late fees may be assessed for rent payments made by credit card or
on-line electronic checking, which occur after the late dates and or grace
periods as established in your agreement with Participating Lessors.
4. Payment Cancellation; Credit and Refunds; Release.
For payments you believe were improperly made, BR may, in its sole
discretion, void, rescind or issue a credit for your Rent payment made
through the Service at any time prior to the remittance of such Rent
payment to your Participating Lessor. If a Rent payment dispute arises
after payment is in process, the responsibility to settle the Rent payment
dispute rests with you and Participating Lessor. You waive the right to
cancel credit card payments that have been cleared through BR's merchant
banking vendor. In the event of any refund, rescission or credit of a Rent
payment by BR, the applicable Transaction Fee will NOT be credited to your
account and BR shall be entitled to keep such amounts irrespective of the
reason for the refund, rescission or credit.
Consequently, you agree to release BR, its Affiliates and their respective
officers, directors, employees and representatives from any and all liability
and responsibility in connection with any improper payments of Rent remitted to
a Participating Lessor prior to receiving your notice to cancel such payment.
5. Service Cancellation.
Either you or BR may cancel use of the Service with or without cause at any
time and effective immediately. You may cancel the Service by sending an email
to CustomerCare@buzzrent.com. You will remain liable for all outstanding
payments and Fees due at the time of cancellation including Rent being
processed. BR may terminate the Service immediately without notice if you, in
BR's sole discretion, fail to comply with any provision of this Agreement.
Sections 3, 7, 8, 9, 10, 11, 13 through 24 shall survive any termination of the
Services, this Agreement or your account.
6. Membership Account, Password and Security.
You will be asked to create a password and account designation when completing
the registration process for the Service. You are solely responsible for
maintaining the confidentiality of your password and account, and are fully
responsible for all activities occurring under your password or account. You
agree to notify BR immediately if you notice unauthorized use of your password
or account or any other breach of security. BR CANNOT AND WILL NOT BE LIABLE
FOR ANY DAMAGE OR LOSS ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
7. License.
You acquire absolutely no rights or licenses in or to the Service and materials
contained within the Service other than the limited right to utilize the
Service in accordance with this Agreement.
8. Intellectual Property.
This Site and all Site design, including but not limited to text, content,
photographs, video, audio, interfaces, graphics and the selection and the
arrangement thereof is protected by patents, copyrights, trademarks, service
marks, international treaties and/or other proprietary rights and laws of the
US and other countries. BR's Service is also protected as a collective work or
compilation under US copyright and other laws and treaties. All individual
articles of information, policies and other elements making up the Service are
also copyrighted works. You agree to abide by all applicable patent, trademark,
copyright and other laws, as well as any additional patent, trademark and
copyright notices or restrictions contained in the Service. Any use of
materials on this Site, other than as permitted under Section 2 of this
agreement including reproduction, modification, distribution, or republication,
without prior written permission of BR is absolutely prohibited.
9. Disclaimer.
The information, Services, products, and materials contained in this Site,
including, without limitation, text, graphics, and links, and content on other
third party web sites, are provided on an "AS IS" basis with no warranty,
express or implied. To the maximum extent permitted by law, BR DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO
SUCH INFORMATION, SERVICES, PRODUCTS, THIS SITE, OR PRODUCTS PROVIDED THROUGH
OR BY OR THROUGH ANY THIRD PARTY WEB SITES, , INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AVAILABILITY, ACCURACY, OR
CONTENT OF MATERIALS, INFORMATION, PRODUCTS, OR SERVICES AND IMPLIED WARRANTIES
ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, BR DOES
NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS
ACCURATE, COMPLETE OR CURRENT, OR THAT THE USE THEREOF WILL BE IN COMPLIANCE
WITH APPLICABLE LAWS. YOU ASSUME THE SOLE RISK IN THE USE OF THE SERVICES AND
THIS SITE. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS
DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY
FROM STATE TO STATE OR BY JURISDICTION. Further, BR does not guaranty or
warrant the compatibility of your equipment, computer or software, including
but not limited to, the type of computer, computer configuration, browser
software, other software, or online service.
10. External Sites. This Site may include links to other sites on the World Wide
Web and/or Internet that are owned and operated by third party vendors and
other third parties (collectively, the " third party web sites"). You
acknowledge and agree that BR is not responsible for the availability of, or
the content located on or through, any third party web site.
11. Indemnification. You agree, at your own expense, to indemnify, defend and
hold harmless BR, its Affiliates and their respective employees,
representatives, agents and suppliers (collectively, the "Indemnified"),
against any and all damages, liabilities, penalties, costs and expenses
(including, without limitation, reasonable attorneys' fees and court costs)
attributable to any claims, suits, actions, other proceeding brought against
the Indemnified (collectively, the "Claims") to the extent that such Claims
brought against the Indemnified is based on or arises in connection with the
Service, or any links on the Service, including, but not limited to: (i) your
use or someone using your computer for use of the Service; (ii) your use or
someone using your account, where applicable; (iii) a violation of the terms
and conditions of service by you or anyone using your computer (or account,
where applicable); (iv) a claim that any use of the Service by you or someone
using your computer (or account, where applicable) infringes any intellectual
property right of any third party, or any right of personality or publicity, is
libelous or defamatory, or otherwise results in injury or damage to any third
party; (v) any deletions, additions, insertions or alterations to, or any
unauthorized use of, the Service by you or someone using your computer (or
account, where applicable); (vi) any misrepresentation, including false or
inaccurate information in the registration form, or breach of representation or
warranty made by you contained herein; or (vii) any breach of any covenant or
agreement to be performed by you under this Agreement.
12. Right to Change Services. You acknowledge that BR has the right to change
the content or technical specifications of any aspect of the Service at any
time at BR's sole discretion. You further accept that any such changes may
result in your being unable to access the Service.
13. LIMITATIONS OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BR, ITS
SUPPLIERS, VENDORS, SUB-CONTRACTORS, AGENTS, OFFICERS, EMPLOYEES AND MERCHANT
BANKS (COLLECTIVELY, "THE AFFILIATES") TOTAL LIABILITY TO YOU FOR ANY REASON,
WHETHER BASED UPON ANY THEORY OF LAW OR EQUITY, WHETHER UNDER CONTRACT, TORT,
STATUTE, EQUITY OR ANY OTHER FEDERAL, STATE OR INTERNATIONAL LAW THEORY, SHALL
BE LIMITED TO THE AGGREGATE SERVICE FEES AND TRANSACTION FEES ACTUALLY PAID BY
YOU FOR THE THREE (3) MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE. TO THE
MAXIMUM EXTENT PERMITTED BY LAW, NEITHER BR NOR ITS AFFILIATES SHALL BE LIABLE
TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES, OR ANY OTHER SUCH DAMAGES WHATSOEVER, EVEN IF BR HAS
BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN
ACTION UNDER CONTRACT, TORT, STATUTE, EQUITY OR ANY OTHER FEDERAL, STATE OR
INTERNATIONAL LAW THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE,
INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND
MATERIALS AVAILABLE FROM THIS SITE OR ANY THIRD PARTY SITE, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS GOODWILL, LOST PROFITS, LOSS OF OPPORTUNITY, LATE
CHARGES, PENALTIES, EVICTIONS, INTEREST PAYMENTS, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, ANY INTERRUPTION IN SERVICE OR INABILITY OF USER TO
ACCESS THE SITE, SERVICES OR PARTICIPATING THIRD PARTY WEB SITES . BR AND ITS
AFFILIATES MAKE NO WARRANTIES REGARDING THE QUALITY, RELIABILITY, TIMELINESS OR
SECURITY OF THE WORLD WIDE WEB, THE INTERNET AND OTHER GLOBALLY LINKED COMPUTER
NETWORKS, OR THE WEB SITES ESTABLISHED THEREON INCLUDING THE SITE, WILL BE
UNINTERRUPTED OR ERROR FREE.
The following limitations are a material basis for BR to enter this Agreement
with you and structure its pricing accordingly. However, some states do not
allow the limitation or exclusion of liability for incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
15. Force Majeure. BR and its Affiliates shall in no event be liable to you or
any third party for any loss resulting from any failure to perform its
obligations under this Agreement because of acts of God, nature, any government
agency, war, civil disturbance, labor disputes or shortages, electrical or
mechanical breakdowns, inability or refusal of a common carrier to provide
communications capabilities, or any other cause beyond BR's direct control,
including but not limited to: (a) the issuance of an injunction or seizure
order by a court of competent jurisdiction prohibiting BR from carrying on its
day-to-day operations as contemplated under this Agreement, (b) a Participating
Lessor's cancellation of its account with BR, (c) the rejection of your credit
card payment or your bank's failure to honor an electronic check authorized by
you, or (d) an order by any regulatory, administrative, judicial or legislative
body, which shall temporarily suspend or permanently terminate BR's ability to
provide YOU with Services pursuant to this Agreement.
16. No Representations Regarding Linked Third Party Web Sites. BR does not
screen or endorse the content of any participating third party web site, or any
advertisements or communications by third-party licensees, advertisers or
Affiliates for electronic dissemination through links on the Site. Some of the
content of the participating third party web sites might be accessed by you via
hyperlinks which will connect you to third parties, or to third-party web sites
that may provide content to the participating web site. BR has no editorial
control or supervision over selection or display of the content provided by
those third parties or those third party web sites and those parties are solely
responsible and liable for the content.
17. Assignment. You agree that as a User you shall not, under any circumstances,
have the right to transfer or assign your account to any other person or
entity, and that any attempted transfer or assignment of an account shall be
void and shall constitute a material breach of this Agreement. You further
agree that the BR, may at any time at its sole discretion and without prior
notice to you, transfer or assign your account and any or all of its rights
and/or obligations hereunder in its sole and absolute discretion at any time,
to an affiliated or non-affiliated party.
18. No Third Party Beneficiary. This Agreement is not for the benefit of any
third party, and shall not be deemed to grant any right or remedy to any third
party whether or not referred to in this Agreement.
19. Governing Law; Arbitration; Jurisdiction And Venue.
19.1 Governing Law. This Agreement shall be governed by and construed under the
laws and judicial decisions of the State of California and the United States as
applied to agreements between California state residents entered into and to be
performed within the State of California, except as governed by Federal law.
The application of the United Nations Convention of Contracts for the
International Sale of Goods is expressly excluded.
19.2 Arbitration.
Any and all disputes as to the interpretation of or any performance under this
Agreement which are not first resolved informally, shall be determined by
binding arbitration before a single arbitrator in Los Angeles, California, in
accordance with the rules of the American Arbitration Association. The final
award in any such arbitration proceeding shall be subject to entry as a
judgment by any court of competent jurisdiction, provided that such judgment
does not conflict with the terms and provisions hereof. The jurisdiction of the
arbiter with respect to legal matters shall be limited only by the statutory
and common law of the State of California and the United States. In no event
shall an arbitrator be permitted to award multiple or punitive damages, and the
determination of the arbitrator shall be final and binding. BY CLICKING
"ACCEPT" YOU AGREE THAT YOU ARE WAIVING YOUR RIGHTS TO A JURY TRIAL AND ANY
RIGHTS TO AN APPEAL.
19.3 Injunctive Relief Exception.
Nothing in this paragraph shall preclude either party from seeking and obtaining
any injunctive relief or other provisional remedy available in a court of law,
including, specifically, BR's right to prejudgment attachment and expedited
discovery. In addition to the foregoing, the parties hereby agree that as part
of the consideration for this Agreement, they waive the right to a trial by
jury for any dispute arising between them that is in any way related to the
subject matter of this Agreement, provided that the arbitration provisions of
this paragraph are waived or are otherwise inapplicable.
19.4 Venue.
Notwithstanding the foregoing, if for any reason any matter or dispute arising
under this Agreement is not resolved by binding Arbitration, or if any of the
proceedings or decisions of the Arbitration must be enforced by a court of
competent jurisdiction, Member agrees that in case of any litigation regarding
this Agreement or the various subject matters hereof, that the venue for such
litigation shall be, depending on by the subject matter of the dispute, either
the Municipal Court of Los Angeles, California, the Superior Court of the
County of Los Angeles, or the United States District Court for the Central
District of California, Western Division. You hereby consent and stipulate to
the jurisdiction of the Courts of the State of California and the United States
District Court, Central District of California, Western Division.
20. Notices.
All notices, payments, statements or other documents that any party to this
Agreement is required to or elects to give to the other party hereto will be in
writing and will be delivered in one of the following ways: (a) by personal
delivery; (b) by addressing the notice to BR at 4924 Balboa Blvd., Suite 618,
Encino, CA 91316, and to you at the address you have supplied to BR in your
Application and depositing the same registered or certified mail, postage
prepaid, in the United States mail; (c) by Federal Express; (d) by facsimile
transmission; or (e) by E-mail and transmission by first class U.S. mail.
Notwithstanding the foregoing, BR may make any changes to this Agreement as
prescribed herein. Otherwise, such notice, statement or other document so
delivered, except as this Agreement expressly provides otherwise, shall be
conclusively deemed to have been given when actually received (personal
delivery, Federal Express, facsimile transmission or Email), or three (3)
business days after.
21. Severability.
In case any one or more of the provisions contained in this Agreement shall for
any reason be held to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other provision
hereof, and this Agreement shall be construed as if such invalid, illegal or
unenforceable provision(s) had never been included. The invalidity or
unenforceability of any provision of this Agreement shall not affect the
validity or enforceability of any other provision.
22. Waiver.
A waiver by either party of any term or condition of this Agreement in any one
instance shall not be deemed or construed to be a waiver of such term or
condition for any similar instance in the future of any subsequent breach
hereof. All rights, remedies, undertakings, obligations and agreements
contained in this Agreement shall be cumulative and none of them shall be a
limitation of any other remedy, right, undertaking, obligation, or agreement.
23. Construction.
This Agreement shall be interpreted in a neutral manner and shall not be
interpreted in a manner less favorable to either party. The captions and
headings appearing in terms and condition of service are for reference only and
will not be considered in construing this agreement.
24. Entire Agreement.
This Agreement constitutes the entire agreement of the parties with respect to
the subject matter hereof, and supersedes and cancels all other prior
agreements, discussion, or representations, whether written or oral. No
officer, employee or representative of BR or you has any authority to make any
representation or promise in connection with this Agreement or the subject
matter thereof which is not contained expressly in this Agreement; and, BR and
you hereby acknowledge and agree that neither BR nor you have entered into this
Agreement in reliance upon any such representation or promise. No modification
of this Agreement, in whole or in part, shall be enforceable unless reduced to
writing and signed by duly authorized representatives of the parties hereto.
* For information on BR's privacy policies, click here.
25. BE ADVISED THAT PAYMENT PROCESSING IS IRREVERSIBLE ONCE YOU AUTHORIZE PAYMENT. PLEASE VERIFY THAT ALL AMOUNTS ARE CORRECT AND RENTS ARE
UNDISPUTED.ALL DISPUTES RELATED TO PAYMENT OF RENT OR OTHER FEES WITH THE
RECIPIENT SHALL BE SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN YOUR USER
AGREEMENT.
PARTICIPATING LESSOR AGREEMENT
This Participating Lessor Agreement ("Agreement") is a contract between you and
Buzzrent.com, Inc. ("BR") and applies to your use of the Buzzrent.comT payment
service and any related products and services available through
www.buzzrent.com (collectively the "Service"). You signify your acceptance of
these terms and conditions of service by clicking the "Accept" button below and
continuing to access or use this Site, or any service available on this Site.
If you do not agree to be bound by the terms and conditions of this Agreement,
please do not use or access our Services or the www.buzzrent.com web site (the
"Site").
You must read, agree with, and accept all of the terms and conditions contained
in this Agreement and the Privacy Policy which is also posted on the Site,
which include those terms and conditions expressly set out below and those
incorporated by reference, before you may register with BR. We strongly
recommend that, as you read this Agreement, you also access and read the
information contained in the other pages and websites referred to in this
document, as they may contain further terms and conditions that apply to you as
a BR user. Please note: underlined words and phrases are links to these pages
and websites. By accepting this Agreement, you also agree that your use of
other BR websites and Services will be governed by the terms and conditions
posted on those websites.
As a condition of your use of the Service, you further represent and agree that:
(i) you have the power and authority to enter into this Agreement; (ii) you are
at least eighteen (18) years old; (iii) you will comply with all US law
regarding the transmission of any data obtained from the Service in accordance
with this Agreement; (iv) you will not use the Service for illegal or
fraudulent purposes, or in any manner inconsistent with this Agreement; (v) you
will not interfere or disrupt networks connected to the Service; (vi) you will
true, accurate, current and complete information in the registration form (the
"User Information"); (vii) you will promptly update any changes to your User
Information. Failure to meet any of the foregoing conditions shall result in
the suspension or termination of your account, as determined in BR's sole and
absolute discretion.
For additional information about the Service and how it works, please also
consult the BR Help FAQ section of the Site.
We may amend this Agreement at any time by posting the amended terms on our
Site. Except as stated below, all amended terms shall be effective immediately
when they are posted on our Site and your continued use of this Site shall
constitute an acceptance of all additional terms and conditions or
modifications to this Agreement. Accordingly, please continue to review these
terms and conditions of service whenever accessing or using this Site. If, at
any time, you do not wish to accept the terms and conditions of service, do not
use the Site. Changes will be posted on the "Policy Updates" page, accessible
from "Policy Updates" link on the "My Account" page once you have logged in. In
addition, you can set your preferences to receive email notification of all
policy updates. You may review the current Agreement prior to initiating a
transaction at any time at our Participating Lessor Agreement page.
In this Agreement, "you" or "your" means any person or entity using the Service
("Participating Lessors"). "Renters" means those persons or entities renting
residential or commercial real estate from you. Unless otherwise stated, "BR,"
"we" or "our" will refer collectively to Buzzrent.com, Inc. and its
subsidiaries, subcontractors and affiliates. Unless otherwise specified, all
references to a "bank" in this Agreement include savings associations,
financial institutions and credit unions, and all references to a "credit card"
include Visa- and MasterCard-branded credit and debit cards.
This Agreement was last modified on May 11, 2006.
In order to use the Service, you must register for a Participating Lessor's
account. Participating Lessors may hold one account for multiple parcels of
property, and may have multiple Renters for each property. Our Services are
only available to individuals or businesses that can form legally binding
contracts under applicable law. Without limiting the foregoing, our Service is
not available to minors (under 18), persons who are suspended from our Service,
or to persons who present an unacceptable level of credit risk.
1. No Agency Authorization; Interest.
1.1 No Agency Relationship.
BR acts as a facilitator to help your Renters make payments to you. We do not
act as your agent, and we are solely facilitating the payment at the direction
of the Renters. You acknowledge that (i) BR is not a bank and the Service is a
payment processing service for payment of rental financial obligations by your
Renters rather than a banking service, and (ii) BR is not acting as a trustee,
fiduciary or escrow with respect to funds remitted by Renters, but is acting
only as an agent and custodian. Therefore, we owe you no fiduciary obligation
with respect to any funds that are authorized to be remitted to you by the
Renter.
1.2 No Interest.
You agree that you will not receive interest or other earnings on the funds that
BR handles as it is facilitating a transaction. BR may earn interest on those
funds, or may receive a reduction in fees or expenses charged for banking
services by the banks that hold such funds.
2. Description of BR's Services.
BR currently provides access to an Internet-based credit card and on-line
electronic checking payment service to rental property owners, rental property
managers (each, a "Participating Lessor") and their respective tenants (the
"Service"), which facilitates various electronic payment services for monthly
rents, periodic rents, security deposits, other deposits, condo fees, timeshare
charges, utility payments, common area maintenance, operational costs, other
fixed payments and all other fees and charges related to leased real estate,
fixed or variable (collectively, the "Rent"). When you enroll as a
Participating Lessor, you are authorizing us to contact your tenants to
subscribe to the Services. Your Renters are eligible to use the Services to pay
Rent and any related fees you have indicated in the enrollment form. Credit
card or on-line electronic checking made through the Service will be remitted
via direct deposit to your bank account provided to us in your enrollment form
between two (2) to four (4) business days from the date a Renter's transaction
clears BR's accounts. You may check on the status of individual Renters that
have signed up for the Service, and the expected date the funds will be
deposited in your bank accounts by going to your on-line password protected
account. Unless explicitly stated otherwise, any new features, which enhance or
augment BR's current service offering shall be subject to the terms and
conditions of service, and BR may offer you premium services in the future for
an additional charge. In order to use the Service, you will need to have access
to the Site via the Internet.
3. Fees and Payments.
Currently, BR does not collect fees from Participating Lessors to use the
Services, but collects transaction fees from the Renter based upon the amount
of Rent. BR reserves the right, in its sole discretion, to commence charging
fees to Participating Lessors for the Services upon thirty (30) days' prior
email notice. Additionally, BR may offer you an opportunity to subscribe to
premium for-fee services which may be available in the future.
You shall pay all applicable taxes relating to the use of the Service through
your account, including, without limitation, all sales, use and value added
taxes. You may assess late fees directly to your Renter, and BR does not offer
the capability to add late fees to the Rent payments. However, Renters may add
late fee payments to their Rent when using the Services.
4. Payment Cancellation; Credit and Refunds; Release.
At the request of the Renter, BR may, in its sole discretion, void, rescind or
issue a credit for their Rent payment made through the Service at any time
prior to the remittance of such Rent payment to you. The responsibility to
settle the Rent payment dispute rests with you and the Renter.
Consequently, you hereby agree to release BR, its Affiliates and their
respective officers, directors, employees and representatives from any and all
liability and responsibility in connection with any rescission or disputed
payments of Rent by a Renter.
5. Service Cancellation.
Either you or BR may cancel use of the Service with or without cause at any
time and effective immediately. You may cancel the Service by sending an email
with your request to CustomerCare@buzzrent.com. BR may terminate the Service
immediately without notice if you, in BR's sole discretion, fail to comply with
any provision of this Agreement. In the event of cancellation, all final Rent
payments in process will be remitted to you and your Renters attempting to pay
Rent through this Service will receive a notice that you are no longer
subscribing to this Service. Sections 3, 7, 8, 9, 10, 11, 13 through 24 shall
survive any termination of the Services, this Agreement or your account.
6. Membership Account, Password and Security.
You will be asked to create a password and account designation when completing
the registration process for the Service. You are solely responsible for
maintaining the confidentiality of your password and account, and are fully
responsible for all activities occurring under your password or account. You
agree to notify BR immediately if you notice unauthorized use of your password
or account or any other breach of security. BR CANNOT AND WILL NOT BE LIABLE
FOR ANY DAMAGE OR LOSS ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
7. License.
You acquire absolutely no rights or licenses in or to the Service and materials
contained within the Service other than the limited right to utilize the
Service in accordance with this Agreement.
8. Intellectual Property.
This Site and all Site design, including but not limited to text, content,
photographs, video, audio, interfaces, graphics and the selection and the
arrangement thereof is protected by patents, copyrights, trademarks, service
marks, international treaties and/or other proprietary rights and laws of the
US and other countries. BR's Service is also protected as a collective work or
compilation under US copyright and other laws and treaties. All individual
articles of information, policies and other elements making up the Service are
also copyrighted works. You agree to abide by all applicable patent, trademark,
copyright and other laws, as well as any additional patent, trademark and
copyright notices or restrictions contained in the Service. Any use of
materials on this Site, other than as permitted under Section 2 of this
Agreement including reproduction, modification, distribution, or republication,
without prior written permission of BR is strictly prohibited.
9. Disclaimer.
The information, Services, products, and materials contained in this Site,
including, without limitation, text, graphics, and links, and content on other
third party web sites, are provided on an "AS IS" basis with no warranty,
express or implied. To the maximum extent permitted by law, BR DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO
SUCH INFORMATION, SERVICES, PRODUCTS, THIS SITE, OR PRODUCTS PROVIDED THROUGH
OR BY OR THROUGH ANY THIRD PARTY WEB SITES, , INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AVAILABILITY, ACCURACY, OR
CONTENT OF MATERIALS, INFORMATION, PRODUCTS, OR SERVICES AND IMPLIED WARRANTIES
ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, BR DOES
NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS
ACCURATE, COMPLETE OR CURRENT, OR THAT THE USE THEREOF WILL BE IN COMPLIANCE
WITH APPLICABLE LAWS. YOU ASSUME THE SOLE RISK IN THE USE OF THE SERVICES AND
THIS SITE. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS
DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY
FROM STATE TO STATE OR BY JURISDICTION. Further, BR does not guaranty or
warrant the compatibility of your equipment, computer or software, including
but not limited to, the type of computer, computer configuration, browser
software, other software, or online service.
10. External Sites. This Site may include links to other sites on the World Wide
Web and/or Internet that are owned and operated by third party vendors and
other third parties (collectively, the " third party web sites"). You
acknowledge and agree that BR is not responsible for the availability of, or
the content located on or through, any third party web site.
11. Indemnification. You agree, at your own expense, to indemnify, defend and
hold harmless BR, its Affiliates and their respective employees,
representatives, agents and suppliers (collectively, the "Indemnified"),
against any and all damages, liabilities, penalties, costs and expenses
(including, without limitation, reasonable attorneys' fees and court costs)
attributable to any claims, suits, actions, other proceeding brought against
the Indemnified (collectively, the "Claims") to the extent that such Claims
brought against the Indemnified is based on or arises in connection with the
Service, or any links on the Service, including, but not limited to: (i) your
use or someone using your computer for use of the Service; (ii) your use or
someone using your account, where applicable; (iii) a violation of the terms
and conditions of service by you or anyone using your computer (or account,
where applicable); (iv) a claim that any use of the Service by you or someone
using your computer (or account, where applicable) infringes any intellectual
property right of any third party, or any right of personality or publicity, is
libelous or defamatory, or otherwise results in injury or damage to any third
party; (v) any deletions, additions, insertions or alterations to, or any
unauthorized use of, the Service by you or someone using your computer (or
account, where applicable); (vi) any misrepresentation, including false or
inaccurate information in the registration form, or breach of representation or
warranty made by you contained herein; (vii) any breach of any covenant or
agreement to be performed by you under this Agreement; or (viii) any claim by
the Renter against BR related to the payment of Rent that is disputed by such
Renter after the commencement of processing.
12. Right to Change Services. You acknowledge that BR has the right to change
the content or technical specifications of any aspect of the Service at any
time at BR's sole discretion. You further accept that any such changes may
result in your being unable to access the Service.
13. LIMITATIONS OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BR, ITS
SUPPLIERS, VENDORS, SUB-CONTRACTORS, AGENTS, OFFICERS, EMPLOYEES AND MERCHANT
BANKS (COLLECTIVELY, "THE AFFILIATES") TOTAL LIABILITY TO YOU FOR ANY REASON,
WHETHER BASED UPON ANY THEORY OF LAW OR EQUITY, WHETHER UNDER CONTRACT, TORT,
STATUTE, EQUITY OR ANY OTHER FEDERAL, STATE OR INTERNATIONAL LAW THEORY, SHALL
BE LIMITED TO THE SERVICE FEES PAID BY THE RENTER TO BR FOR THE ONE (1) MONTH
PERIOD PRIOR TO THE DATE THE CLAIM AROSE. TO THE MAXIMUM EXTENT PERMITTED BY
LAW, NEITHER BR NOR ITS AFFILIATES SHALL BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR
ANY OTHER SUCH DAMAGES WHATSOEVER, EVEN IF BR HAS BEEN PREVIOUSLY ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT,
STATUTE, EQUITY OR ANY OTHER FEDERAL, STATE OR INTERNATIONAL LAW THEORY,
ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE
OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE
OR ANY THIRD PARTY SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
GOODWILL, LOST PROFITS, LOSS OF OPPORTUNITY, LOSS OF LATE FEES AND PENALTIES,
LOSS OF BUSINESS, LOSS OF RENTAL INCOME, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, ANY INTERRUPTION IN SERVICE OR INABILITY OF USER TO ACCESS THE
SITE, SERVICES OR PARTICIPATING THIRD PARTY WEB SITES . BR AND ITS AFFILIATES
MAKE NO WARRANTIES REGARDING THE QUALITY, RELIABILITY, TIMELINESS OR SECURITY
OF THE WORLD WIDE WEB, THE INTERNET AND OTHER GLOBALLY LINKED COMPUTER
NETWORKS, OR THE WEB SITES ESTABLISHED THEREON INCLUDING THE SITE, WILL BE
UNINTERRUPTED OR ERROR FREE.
The following limitations are a material basis for BR to enter this Agreement
with you and structure its pricing accordingly. However, some states do not
allow the limitation or exclusion of liability for incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
15. Force Majeure. BR and its Affiliates shall in no event be liable to you or
any third party for any loss resulting from any failure to perform its
obligations under this Agreement because of acts of God, nature, any government
agency, war, civil disturbance, labor disputes or shortages, electrical or
mechanical breakdowns, inability or refusal of a common carrier to provide
communications capabilities, or any other cause beyond BR's direct control,
including but not limited to: (a) the issuance of an injunction or seizure
order by a court of competent jurisdiction prohibiting BR from carrying on its
day-to-day operations as contemplated under this Agreement, (b) the rejection
of your Renter's credit card payment or the Renter bank's failure to honor an
electronic check, or (d) an order by any regulatory, administrative, judicial
or legislative body, which shall temporarily suspend or permanently terminate
BR's ability to provide the Services pursuant to this Agreement.
16. No Representations Regarding Linked Third Party Web Sites. BR does not
screen or endorse the content of any participating third party web site, or any
advertisements or communications by third-party licensees, advertisers or
Affiliates for electronic dissemination through links on the Site. Some of the
content of the participating third party web sites might be accessed by you via
hyperlinks which will connect you to third parties, or to third-party web sites
that may provide content to the participating web site. BR has no editorial
control or supervision over selection or display of the content provided by
those third parties or those third party web sites and those parties are solely
responsible and liable for the content.
17. Assignment. You agree that as a User you shall not, under any circumstances,
have the right to transfer or assign your account to any other person or entity
without BR's prior written consent, and that any attempted transfer or
assignment of an account shall be void and shall constitute a material breach
of this Agreement. You further agree that the BR, may at any time at its sole
discretion and without prior notice to you, transfer or assign your account and
any or all of its rights and/or obligations hereunder in its sole and absolute
discretion at any time, to an affiliated or non-affiliated party.
18. No Third Party Beneficiary. This Agreement is not for the benefit of any
third party, and shall not be deemed to grant any right or remedy to any third
party whether or not referred to in this Agreement.
19. Governing Law; Arbitration; Jurisdiction And Venue.
19.1 Governing Law. This Agreement shall be governed by and construed under the
laws and judicial decisions of the State of California and the United States as
applied to agreements between California state residents entered into and to be
performed within the State of California, except as governed by Federal law.
The application of the United Nations Convention of Contracts for the
International Sale of Goods is expressly excluded.
19.2 Arbitration.
Any and all disputes as to the interpretation of or any performance under this
Agreement which are not first resolved informally, shall be determined by
binding arbitration before a single arbitrator in Los Angeles, California, in
accordance with the rules of the American Arbitration Association. The final
award in any such arbitration proceeding shall be subject to entry as a
judgment by any court of competent jurisdiction, provided that such judgment
does not conflict with the terms and provisions hereof. The jurisdiction of the
arbiter with respect to legal matters shall be limited only by the statutory
and common law of the State of California and the United States. In no event
shall an arbitrator be permitted to award multiple or punitive damages, and the
determination of the arbitrator shall be final and binding. BY CLICKING
"ACCEPT" YOU AGREE THAT YOU ARE WAIVING YOUR RIGHTS TO A JURY TRIAL AND ANY
RIGHTS TO AN APPEAL.
19.3 Injunctive Relief Exception.
Nothing in this paragraph shall preclude either party from seeking and obtaining
any injunctive relief or other provisional remedy available in a court of law,
including, specifically, BR's right to prejudgment attachment and expedited
discovery. In addition to the foregoing, the parties hereby agree that as part
of the consideration for this Agreement, they waive the right to a trial by
jury for any dispute arising between them that is in any way related to the
subject matter of this Agreement, provided that the arbitration provisions of
this paragraph are waived or are otherwise inapplicable.
19.4 Venue.
Notwithstanding the foregoing, if for any reason any matter or dispute arising
under this Agreement is not resolved by binding Arbitration, or if any of the
proceedings or decisions of the Arbitration must be enforced by a court of
competent jurisdiction, Member agrees that in case of any litigation regarding
this Agreement or the various subject matters hereof, that the venue for such
litigation shall be, depending on by the subject matter of the dispute, either
the Municipal Court of Los Angeles, California, the Superior Court of the
County of Los Angeles, or the United States District Court for the Central
District of California, Western Division. You hereby consent and stipulate to
the jurisdiction of the Courts of the State of California and the United States
District Court, Central District of California, Western Division.
20. Notices.
All notices, payments, statements or other documents that any party to this
Agreement is required to or elects to give to the other party hereto will be in
writing and will be delivered in one of the following ways: (a) by personal
delivery; (b) by addressing the notice to BR at 4924 Balboa Blvd., Suite 618,
Encino, CA 91316, and to you at the address you have supplied to BR in your
Application and depositing the same registered or certified mail, postage
prepaid, in the United States mail; (c) by Federal Express; (d) by facsimile
transmission; or (e) by E-mail and transmission by first class U.S. mail.
Notwithstanding the foregoing, BR may make any changes to this Agreement as
prescribed herein. Otherwise, such notice, statement or other document so
delivered, except as this Agreement expressly provides otherwise, shall be
conclusively deemed to have been given when actually received (personal
delivery, Federal Express, facsimile transmission or Email), or three (3)
business days after.
21. Severability.
In case any one or more of the provisions contained in this Agreement shall for
any reason be held to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other provision
hereof, and this Agreement shall be construed as if such invalid, illegal or
unenforceable provision(s) had never been included. The invalidity or
unenforceability of any provision of this Agreement shall not affect the
validity or enforceability of any other provision.
22. Waiver.
A waiver by either party of any term or condition of this Agreement in any one
instance shall not be deemed or construed to be a waiver of such term or
condition for any similar instance in the future of any subsequent breach
hereof. All rights, remedies, undertakings, obligations and agreements
contained in this Agreement shall be cumulative and none of them shall be a
limitation of any other remedy, right, undertaking, obligation, or agreement.
23. Construction.
This Agreement shall be interpreted in a neutral manner and shall not be
interpreted in a manner less favorable to either party. The captions and
headings appearing in terms and condition of service are for reference only and
will not be considered in construing this agreement.
24. Entire Agreement.
This Agreement constitutes the entire agreement of the parties with respect to
the subject matter hereof, and supersedes and cancels all other prior
agreements, discussion, or representations, whether written or oral. No
officer, employee or representative of BR or you has any authority to make any
representation or promise in connection with this Agreement or the subject
matter thereof which is not contained expressly in this Agreement; and, BR and
you hereby acknowledge and agree that neither BR nor you have entered into this
Agreement in reliance upon any such representation or promise. No modification
of this Agreement, in whole or in part, shall be enforceable unless reduced to
writing and signed by duly authorized representatives of the parties hereto.
* For information on BR's privacy policies, click here.
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