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ShowMeTheRent

SHOWMETHERENT TERMS OF SERVICE

Last Updated: February 21, 2024

Welcome to www.showmetherent.com, as operated by AppFolio, Inc. (“AppFolio” or “we”), located at 70 Castilian Dr., Goleta, CA 93117, United States. Our website allows companies to list apartments, houses or other real estate for rent and individuals to locate such properties for rent (the “Service”). AppFolio makes this Service available to users subject to the following terms and conditions (the “Terms of Service”). These Terms of Service represent a legal contract between you, a user of the Service seeking properties for rent (“you”), and AppFolio, regarding your access to and use of the Service. There are important terms below that affect your legal rights, so we want to emphasize:

PLEASE CAREFULLY REVIEW THESE TERMS OF SERVICE IN THEIR ENTIRETY, WHICH CONTAIN PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS, INCLUDING AN ARBITRATION AGREEMENT, JURY AND CLASS ACTION WAIVERS, LIMITATIONS OF LIABILITY, INDEMNIFICATION OBLIGATIONS, AND MORE.

By using the Service, you agree that you have read and agree to be bound by these Terms of Service and our Privacy Notice. The Privacy Notice is incorporated by reference into these Terms of Service. If you do not agree to these Terms of Service or the Privacy Notice in their entirety, do not access or use the Service.

1. Using the Service. You must be eighteen years of age or older to use the Service. By using the Service, you represent and warrant that you are of legal age to form a binding contract with AppFolio. If you do not meet all of these requirements, you must not access or use the Service.

All information you provide to us in connection with your use of the Service will be true, correct and complete. You agree not to misrepresent or provide false information about your identity. You represent and warrant that you are authorized to conduct all of the actions you take on the Service.

By expressing interest in a property, you expressly consent to be contacted by the listing party via the contact information provided. If using a mobile device to access the Service, data charges may apply, which you are solely responsible for. Such charges include those from your communications service provider. If you provide us your mobile phone number, you agree that AppFolio’s business customers (e.g., property managers and landlords) may contact that number using autodialed, pre-recorded or artificial voice text messages and phone calls with information about the Service and marketing messages. To cancel receiving text messages from property managers or landlords, you must contact them directly.

2. Prohibited Uses. You may use the Service only for lawful purposes and in accordance with these Terms of Service. You agree not to:

  • Use the Service in any way that violates any applicable federal, state, or local law or regulation;

  • Engage, or attempt to engage, in fraud or other illegal activity;

  • Impersonate or attempt to impersonate any person or entity (including by using email addresses associated with any other person or entity);

  • Engage in any conduct that, as determined by AppFolio, may harm AppFolio or other users of the Service, or expose us or them to liability;

  • Collect personal information about other users without their consent;

  • Remove, circumvent, disable, damage or otherwise interfere with the Service’s security-related features, features that prevent or restrict the use or copying of any part of the Service, or features that enforce Service limitations;

  • Attempt to gain unauthorized access to the Service, computer systems or networks connected to the Service through hacking or other means;

  • Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service;

  • Use the Service in any manner that could disable, overburden, damage, or impair the website or interfere with the working of the Service;

  • Use any robot, spider, or other automatic device, process or means to access the Service for any purpose, including monitoring, scraping, or copying any of the material on the website that is not your information;

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;

  • Otherwise attempt to interfere with the proper working of the Service.

3. Third Party Content. When using the Service you will be exposed to content and links from a variety of sources, including property listings information that AppFolio aggregates from third parties (e.g., property management companies) and information from service providers who may have products or services of interest to you based on your use of our Service (“Third Party Content”). Company is not responsible or liable for the accuracy, integrity, quality, legality usefulness, or safety of the Third Party Content, or any loss incurred as a result of your use of any Third Party Content, or any communications you have with any third party provider of Third Party Content, or any transaction you consummate with such third party (including any transactions relating to renting housing units or other real estate), or any violation of law (including violation of the Fair Housing Act) by any third party provider of Third Party Content. You should review any applicable terms and policies of such third parties who provide Third Party Content.

You waive any legal or equitable rights or remedies you have or may have against Company (and our officers, directors, agents, subsidiaries and employees) with respect to any Third Party Content.

4. Release of Disputes with Third Parties: If you have a dispute with: (i) another user of the Service; (ii) the provider of any Third Party Content (including a property management company); or (iii) any other third party arising in connection with your use of the Service, you release us (and our officers, directors, agents, subsidiaries, and employees) from all claims, demands and damages (direct and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You acknowledge that you have been advised to consult with legal counsel and are familiar with the provisions of California Civil Code Section 1542, a statute that otherwise prohibits the release of unknown claims, which provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

You agree to expressly waive any rights you may have thereunder, as well as under any other statute or common law principles of similar effect.

5. Non-Monitoring of Third Party Content. AppFolio does not control the Third Party Content and does not have any obligation to pre-screen or monitor such Third Party Content. If at any time, AppFolio chooses, in its sole discretion, to pre-screen or monitor the Third Party Content, AppFolio still assumes no responsibility for the Third Party Content, no obligation to modify or remove any inappropriate Third Party Content, and no responsibility for the conduct of the third party submitting any such Third Party Content. Without limiting the foregoing, AppFolio and its designees may, at any time and without prior notice, remove any Third Party Content, in whole or in part, for any reason.

6. Changes to the Service. We reserve the right to make changes to the Service at any time. You acknowledge and agree that we may add or remove functionalities, or may stop supporting or making the Service available altogether. The Service may be out of date and AppFolio makes no commitment to update materials on the Service.

7. Privacy. When expressing interest in a property and submitting personal information, including but not limited to your name, email, and desired move-in date, you acknowledge and agree that AppFolio may share this information with the respective listing party for the purpose of communication. Some of the information you submit may include sensitive personal information. We will use and protect such information in accordance with the terms of our Privacy Notice. By using the Service, you agree that we can use the information you provide us in accordance with our Privacy Notice.

8. Intellectual Property Rights. The Service and its entire contents, features, and functionality (including all listings, information, software, text, displays, images, video, interactive and visual features, and audio, and the design, selection, and arrangement thereof) (“Company Materials”) are owned by AppFolio, its licensors, its business customers or other providers of such material and are protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Using the Service does not give you any ownership rights therein or to any branding or trademarks that appear within the Service, which you may not use. You may not obscure, remove, or alter any part of the Service, including any legal notices.

These Terms of Service permit you to use the Service only for your personal, non-commercial use. You must not sell, license, reproduce, distribute, copy, modify, create derivative works of, publicly display, republish, download, store, transmit any of the Company Materials or otherwise make unauthorized use of the Service and Company Materials, except as follows: (a) your computer may temporarily store copies of such materials incidental to your accessing and viewing the materials, (b) you may store files that are automatically cached by your Web browser, and (c) you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use. You must not: (i) modify copies of any Company Materials from the Service, or (ii) use any illustrations, photographs, video or audio sequence, or any graphics separately from the accompanying text.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Service in breach of these Terms of Service, your right to use the Service will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Service or any Company Materials is transferred to you, and all rights not expressly granted are reserved by AppFolio. Any use of the Service not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark or other laws.

9. As-Is; Disclaimer of Warranties. We take pride in the Service; however, we make no commitments with respect to your use of the Service or its performance. More specifically:

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER US NOR ANY PERSON ASSOCIATED WITH US MAKES ANY COMMITMENT OR PROMISE WITH RESPECT TO THE SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE, OR THAT YOUR USE OF THE SERVICE WILL NOT RESULT IN EXPOSURE TO VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE WILL OTHERWISE MEET YOUR NEEDS.

EXCEPT FOR ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

WE DISCLAIM ALL LIABILITY ARISING FROM YOUR RELIANCE ON THIRD PARTY CONTENT. APPFOLIO EXPRESSLY DISCLAIMS ALL LIABILITY ARISING FROM YOUR RELATIONSHIP WITH LANDLORDS, PROPERTY MANAGEMENT COMPANIES, AND ANY OTHER THIRD PARTY COMPANIES THAT YOU MAY DEAL WITH IN CONNECTION WITH THE SERVICE.

10. Limitation on Liability. OUR LIABILITY UNDER THESE TERMS OF SERVICE WILL BE LIMITED AS FOLLOWS:

TO THE FULLEST EXTENT ALLOWED BY LAW, APPFOLIO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF FORESEEABLE OR APPFOLIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT PERMITTED BY LAW, APPFOLIO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR USE OF THE SERVICE, INCLUDING FOR ANY IMPLIED WARRANTIES (WHICH CANNOT BE LIMITED OR EXCLUDED), IS LIMITED TO ONE HUNDRED DOLLARS ($100).

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

12. Arbitration Agreement. You and we each agrees that any and all disputes or claims that have arisen or may arise between you and us in connection with these Terms of Service or the Service, including without limitation, federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. This agreement to arbitrate is intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.

You and we agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other persons or parties.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of these Terms of Service as a court would. All issues are for the arbitrator(s) to decide, except that issues relating to arbitrability, the scope or enforceability of this agreement to arbitrate, or the interpretation of the prohibition of class and representative actions and non-individualized relief provisions above, shall be for a court of competent jurisdiction to decide.

The arbitration will be conducted by the American Arbitration Association (the “AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this agreement to arbitrate. The AAA’s rules are available at www.adr.org. A party who intends to seek arbitration must first send the other party, by certified mail, a completed Notice of Dispute. You should send this notice to us at: AppFolio, Inc., 70 Castilian Drive, Goleta, CA 93117, Attn: Chief Legal Officer, ShowMeTheRent. All information called for in the notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.

If you and we are unable to resolve the claims described in the notice within 30 days after the notice is sent, you or we may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s website at www.adr.org.

The arbitration shall be held in Santa Barbara, California or any other location we agree to. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or we may attend by telephone, unless the arbitrator(s) require otherwise. Any settlement offer made by you or us shall not be disclosed to the arbitrator(s).

The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different ShowMeTheRent users, but is/are bound by rulings in prior arbitrations involving you to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this agreement to arbitrate.

With the exception of any of the prohibition of class and representative actions and non-individualized relief provisions above, if a court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply. If a court decides that any of the prohibition of class and representative actions and non-individualized relief provisions above is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court. All other disputes subject to arbitration under the terms of this agreement to arbitrate shall be arbitrated under its terms.

If you are a new user, you can choose to reject this agreement to arbitrate by mailing us a written opt-out notice. The opt-out notice must be postmarked no later than 30 days after the date you accept these Terms of Service for the first time. You must mail the opt-out notice to AppFolio, Inc., 70 Castilian Drive, Goleta, CA 93117, Attn: Chief Legal Officer, ShowMeTheRent. The opt-out notice must include your name, address, and phone number. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of this agreement to arbitrate. If you opt out of this agreement to arbitrate, all other terms of these Terms of Service will continue to apply. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

Notwithstanding any provision in these Terms of Service to the contrary, you and we agree that if we make any amendment to this agreement to arbitrate (other than an amendment to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by this agreement to arbitrate that have arisen or may arise between you and us.

13. Governing Law. All claims arising out of or relating to the Service or these Terms of Service will be governed by and construed in accordance with the laws of the State of California, except any conflict of laws provisions.

14. Provisions About These Terms of Service. We may change these Terms of Service at any time. When we do make changes, we’ll change the “Last Updated” date above. All changes are effective immediately when we post them. Your continued use of the Service after any changes to these Terms of Service constitutes your consent to be bound by such changes. You are expected to check this page from time to time so that you are aware of any changes.

If you do not comply with these Terms of Service and we do not take action right away, it shall not be deemed a continuing or further waiver of your failure to comply. Likewise, our failure to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If it turns out that a particular provision or part of these Terms of Service is not enforceable, it will not affect any other terms.

These Terms of Service and our Privacy Notice constitute the sole and entire agreement between you and us with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service.

These Terms of Service control the relationship between us and you. They do not create any third-party beneficiary rights.

15. Trademarks. Trademarks of AppFolio may be included within the Service. All trademarks, logos, and service marks found on the Service are the property of AppFolio or other third parties. You are not permitted to use such marks without the prior written consent of AppFolio or the third party that owns the respective mark.

16. Copyright Infringement Claims and the DMCA. We respect the intellectual property rights of others and ask that everyone utilizing the Service do the same. If you believe that your work has been reproduced within the Service, or any other AppFolio product or service, in a way that constitutes copyright infringement, you may notify our Copyright Agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information: (i) identification of the copyrighted work that you claim has been infringed; (ii) identification of the material that you claim is infringing and needs to be removed from the Service, including a description of where it is located on the Service so that the Copyright Agent can locate it; (iii) your address, telephone number and, if available, email address so that the Copyright Agent may contact you about your complaint; and (iv) a signed statement (a) that the foregoing information is accurate, (b) that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent and/or the law, and (c) under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.

Notices of copyright infringement and the foregoing information should be submitted here, or, if by mail, to AppFolio, Inc., 70 Castilian Drive, Santa Barbara, California 93117, Attn: Copyright Agent.

17. Contacting Us. If you have any questions or concerns relating to these Terms of Service, you may contact us at: ShowMeTheRent, 70 Castilian Drive, Santa Barbara, California 93117, Attn: Legal.