Rent Group Services Terms and Conditions
Effective as of February 9, 2023
Contact Customer Service at 888-501-7368 for Terms in effect prior to this date.
The Advertising Agreement (the “Agreement”) between Rent Group Inc. (“Rent Group” or “we”) and the advertiser of certain residential rental properties (“Advertiser” or “you”) consists of any Orders executed or submitted by Advertiser together with these Terms and Conditions.
- Services. In accordance with the terms of this Agreement, Rent Group will provide to Advertiser the advertising products and services (the “Services”) identified on either a written insertion order or online self-service listing tool provided by us (each, an “Order”). Such Services may include, without limitation, the publication and display on Rentals.com and/or other websites or mobile applications to which we may syndicate listings from time to time (collectively, the “Sites”) of an advertised listing (a “Listing”) containing information with respect to a rental housing property (each a “Property”) and/or additional services relating to the marketing of such Properties. Orders shall identify each Property for which a Listing will be displayed on the Sites. Advertiser may activate the number of Listings indicated on an Order, and may choose to activate additional Listings or Services during Term (as defined herein) for additional fees. Additional Services or Listings may be purchased at the rates set forth on the applicable Site. Rent Group reserves the right, for any reason and at any time, to improve, reject, cancel or remove a Listing. During the term of the Agreement, Rent Group may, in its sole discretion, distribute the Listing for display on affiliated or third-party advertising websites subject to the terms hereof. Rent Group does not tolerate discriminatory advertisements and if we become aware of any potentially discriminatory content, the Listing will be removed immediately.
- Advertiser Content. “Advertiser Content” means any text, graphics, data, images, video and/or photographs that are supplied by Advertiser to Rent Group. Advertiser Content shall be owned by and remain the sole property of Advertiser. Advertiser hereby authorizes Rent Group to access Advertiser’s or a Property’s website and/or otherwise access and copy information via the internet or otherwise as may be necessary in order to create a Listing or otherwise fulfill the Services and such information shall be considered “Advertiser Content” hereunder. Listings may not contain links, reference links to any other websites or contain website addresses in plain text. Advertiser hereby grants Rent Group a non-exclusive, royalty-free, perpetual, irrevocable and sublicenseable right and license to copy, display, distribute, create derivative works from, store and otherwise use the Advertiser Content in connection with any of our products and services. Rent Group respects Advertiser’s intellectual property and ownership rights in Advertiser Content and will use commercially reasonable efforts to protect such rights.
- Confidentiality, Data Privacy and User Data. Advertiser and any agent acting on behalf of Advertiser hereby agree not to disclose to any third party or use for any purpose not specifically contemplated herein (i) any User Data (as defined below) or (ii) any non-public business, technical or other information relating to or provided by Rent Group, specifically including the terms of this Agreement (including pricing). Advertiser agrees (i) to use User Data in Advertiser’s possession, custody, or control solely to fulfill user requests and to provide customer service to the user, (ii) to provide Lead Status Data to Rent Group in accordance with this Agreement, and (iii) to obtain, protect, use and disclose User Data only in compliance with federal, state and local laws and regulations, including (without limitation) the Do-Not-Call provisions of the Telemarketing Sales Rule, the CAN-SPAM Act, the Telephone Consumer Protection Act, and statutes relating to data privacy or data protection (collectively, “applicable Privacy Laws”) including (without limitation) the California Consumer Privacy Act and/or California Privacy Rights Act. “User Data” means (i) any personal information relating to a user of or visitor to the Sites or such user’s or visitor’s device (including, but not limited to, first name, last name, address, phone number, email address and/or financial information) that is received by Advertiser through Rent Group’s provision of the Services, including, without limitation, the contact information of potential renters provided in the form of “leads”; and (ii) any Lead Status Data provided by Advertiser to Rent Group, if any. Advertiser acknowledges and agrees that (a) Rent Group collects, holds and processes all data constituting User Data in the capacity of a “business” and/or “controller”(as such term is defined in applicable Privacy Laws), (b) as a business, Rent Group has the sole right to determine the purposes and means for which User Data can be collected, used and disclosed; (c) to the extent Rent Group provides User Data to Advertiser, Rent Group does so exclusively on the basis of the user’s direction to Rent Group to intentionally disclose such User Data to Advertiser and/or user’s intentional interaction with Advertiser; and (d) to the extent that Advertiser provides Lead Status Data to Rent Group, (i) such Lead Status Data was collected in accordance with applicable law, (ii) Advertiser is solely responsible for the accuracy, quality, and legality of such Lead Status Data, and (iii) Advertiser has the right to provide such Lead Status Data to Rent Group. Advertiser represents and warrants it will not “sell” (as such term is defined in the applicable Privacy Laws) User Data or otherwise disclose User Data to third parties for monetary or other valuable consideration, or “share” User Data for “cross context behavioral advertising” (as such terms are defined in the applicable Privacy Laws) unless such “sale” or “sharing” would be consistent with applicable Privacy Laws.
- Advertiser’s Representations, Warranties and Indemnity. Advertiser is solely liable for all Advertiser Content and the acts or omissions of any third-party acting on behalf of Advertiser in connection with the use, access or fulfillment of the Services provided by Rent Group. Advertiser represents and warrants to Rent Group that (a) the Advertiser Content is true and accurate, is not libelous or defamatory, does not violate any rights of privacy, infringe any trademark, copyright, literary, or other rights, or constitute unfair competition with any other party, and complies with all federal, state and local laws and regulations, including fair housing laws and regulations; (b) each Listing is for only one Property address, and is for a Property that is actually available for rent on the terms described in the Listing; (c) Advertiser has and will maintain all necessary rights, authorizations and licenses that are required for it to provide Advertiser Content under this Agreement; and (d) the delivery of any Advertiser Content by Advertiser to us is free from any virus, worm, malware, Trojan horse or other similar defects. Advertiser agrees to indemnify, defend and hold harmless Rent Group, its affiliates, and their respective employees, agents, officers and directors, from and against any and all claims, liabilities, judgments, damages, costs, losses and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of third-party claims related to (i) the Advertiser Content or the Listing, except to the extent arising out of modifications to Advertiser Content made by Rent Group without Advertiser’s consent, (ii) Advertiser’s use or disclosure of User Data in violation of this Agreement, (iii) Advertiser’s violation of Section 4 (“Confidentiality, Data Privacy and User Data”), and (iv) the acts or omissions of any third-party acting on behalf of Advertiser in connection with the products and services provided hereunder.
- Listings, Packages and Other Services. Rent Group reserves the right to change, in its sole discretion, the characteristics, functionality or features of its products or services or the components of its packages. We do not guarantee any particular sort order or ranking of a Listing in search results on the Sites and may from time to time alter its search algorithm or introduce new products or services in a manner that causes a change in the location or sequence of a Listing within search results. We may, in our sole discretion, upgrade Advertiser’s Listing free of charge and without notice, and revert back to the originally contracted Listing package without notice. During the Term, if any product or service provided by Rent Group under this Agreement is discontinued, replaced or no longer offered, this Agreement shall remain in full force and effect; provided, that we shall either (i) replace such product and/or service with one of comparable value, or (ii) deduct from the Advertiser’s monthly invoice(s) for the period remaining under this Agreement the incremental cost of such product and/or service, as reflected on the applicable market rate card then in effect. Advertising packages or other services may include additional products, services or business tools which are subject to specific additional terms and condition set forth in Section 14.
- Billing; Sales Tax. Advertiser agrees that it is liable for the monthly fees set forth on an Order for the Services, even if the Advertiser does not utilize the maximum amount of Listings purchased as a part of an Order. There will be no proration of monthly fees or refunds of any kind for failure to use the Services or the maximum number of Listings purchased, including in the event Advertiser takes down any or all Listings before the end of the contract term. Except as otherwise expressly provided herein, all charges for Services on an Order shall be assessed starting on the earlier of (i) the date on which Services commence or (ii) the date on which we first provide Advertiser with a user name and password to access and/or set up the Services through the Rentals.com customer portal (either such date to be the “billing date anniversary”).
Advertisers purchasing the Services through an online Order will provide payment for the Services via credit card or e-check when placing an Order through the self-service listing tool and may opt to make monthly automatic payments (see Section 8 below). Rent Group does not store any payment information and only charges Advertiser for the requested contract term. All other Advertisers will be invoiced monthly under this Agreement and amounts are due upon receipt. If payment is not received by Rent Group within 30 days of the bill date, (i) such past due amount will bear interest at the lesser of 1.5% per month or the maximum rate allowed by law; and (ii) we may, in our sole discretion, suspend (pending payment) or cancel Advertiser’s advertising and all advertising charges will become immediately due and payable, in addition to other remedies provided for herein. Claims for billing errors must be made in writing within five business days after your receipt of bill. Advertiser agrees to pay all costs of collection of past due amounts (including reasonable attorneys’ fees and costs). Some of our products and services (whether standalone or components of advertising packages) may be considered “business tools” and as such may be subject to sales tax in certain jurisdictions. We will separately identify on your bill the amount of the subscription price attributable to those tools and any applicable tax. To the extent these charges are taxable in Advertiser’s jurisdiction, and we are authorized by applicable law to do so, we will collect and remit applicable tax, as further described below.
- Automatic Payments. Advertisers purchasing the Services through an online Order may sign-up for “AutoPay” to have monthly invoices automatically paid. To set up automatic payments, Advertiser must complete the “AutoPay” sign-up process within the “My Invoices” section of their Rentals.com account. By completing this sign up you are providing authorization for automatic payment of invoices. The first automatic recurring payment will occur in the month following the “AutoPay” sign up. Advertiser will continue to receive monthly invoices from us, but those invoices will be automatically paid within the first two weeks of each month using the payment method provided in the “Payment Methods” section of Advertiser’s Rentals.com account. Advertiser may cancel “AutoPay” by clicking “Turn Off AutoPay” under the “My Invoices” section within their Rentals.com account. Cancellation of automatic payment must occur within the first three (3) days of the month in order to avoid automatic payment for the most recent month’s invoice.
- Term; Termination. If Advertiser entered into a written Order with Rent Group, then at the end of the contract term indicated on such Order, this Agreement shall continue automatically on a month-to-month basis at the then current monthly rates as such rates may vary from time to time (excluding certain limited-inventory products purchased hereunder), unless and until either party shall give to the other written notice of cancellation as provided below. Services purchased through an online Order will NOT automatically continue on a month-to-month basis at the end of the term. All sales for Services (including Listings), whether through written or online Order are final and no refunds will be issued. Early cancellations prior to the end of a contract term are not accepted. Cancellations of month-to-month contracts will not become effective until the billing date anniversary that is at least 30 days after written notice of cancellation is received. Notices of cancellation will not be effective unless they are delivered to us by Advertiser at firstname.lastname@example.org. In the event of a breach of this Agreement by Advertiser, Rent Group may immediately cancel this Agreement.
- Taxes. Advertiser is liable for any sales, use, excise, value-added, services, consumption or other tax that is assessed on the receipt or provision of the Services as a whole, or on any particular service or products, such as business tools. Unless Advertiser provides us with an exemption certificate issued by the appropriate taxing authority or agency, we will reflect such tax liability on your bill and will collect and remit such tax on your behalf.
- Provisioning of Listings. If the Services are purchased through an online Order, all of Advertiser’s Listings shall be self-provisioned, meaning that Advertiser is responsible for all actions reasonably necessary for or in furtherance of activating, building, managing, editing and deactivating Listings for an Order. If the Services are purchased through a written Order, Advertiser will either self-provision all Listings through a content feed to Rentals.com that must be set up and initiated by Advertiser through the applicable customer portal or contact us for assistance in the Fulfillment of Listings.
- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY SET FORTH HEREIN, RENT GROUP MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES TO ADVERTISER OF ANY KIND, EITHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR OTHER WARRANTIES ARISING BY USAGE OF TRADE OR COURSE OF DEALING) REGARDING THE FUNCTIONALITY, PERFORMANCE OR RESULTS OF THE PRODUCTS OR SERVICES PURCHASED OR ANY WEBSITES OR URLS OWNED OR CONTROLLED BY RENT GROUP OR ITS AFFILIATES. RENT GROUP DOES NOT GUARANTEE ANY PARTICULAR SORT ORDER OR RANKING IN SEARCH RESULTS. RENT GROUP MAKES NO REPRESENTATION OR WARRANTY REGARDING FEATURES OR SERVICES PROVIDED BY THIRD PARTIES.
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL RENT GROUP’S LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT ACTUALLY PAID BY ADVERTISER TO RENT GROUP PURSUANT TO THIS AGREEMENT DURING THE SHORTER OF THE TERM DEFINED ON AN ORDER (EXCLUDING ANY RENEWAL OR MONTH-TO-MONTH TERM) OR THE PRIOR TWELVE MONTH PERIOD. Rent Group shall have no liability whatsoever for any failure to provide Services due to systems or technological failure or malfunction, or any other circumstances outside of our control. Rent Group shall not be responsible for any unauthorized use of the Advertiser Content by third parties, including without limitation, unauthorized reproduction and/or tampering by network “hackers.”
- Miscellaneous. This Agreement reflects the full understanding and agreement of the parties and supersedes all prior understandings, agreements and representations, written or oral, with respect to the subject matter of this Agreement. The representations, warranties, covenants and indemnities contained in this Agreement shall survive the termination or cancellation of this Agreement. This Agreement shall be governed by the laws of the State of Georgia, without regard to its conflict of laws provisions. Any cause of action arising under this Agreement shall be adjudicated in Atlanta, Georgia and the parties hereby submit to the jurisdiction of the State or Superior courts of Fulton County, Georgia or the Federal District Court for the Northern District of Georgia. This Agreement may be executed in any number of counterparts, and delivered by facsimile or electronic signature, all of which taken together shall constitute one and the same instrument.
- Product-Specific Terms and Conditions. The following additional terms and conditions apply to certain specific products, services and/or business tools that may be included in advertising, a package or may be separately sold by us.
a. Network of Sites. If Advertiser elects to participate in our “Network of Sites” as indicated on an Order, then Rent Group will provide a content feed that includes Advertiser’s Listings from the Sites to certain other third party sites (the “Network Sites”). The Network Sites may vary from time to time and are subject to change without notice in our sole discretion. Rent Group does not guarantee acceptance of Advertiser’s Listings by any of the Network Sites nor any particular sort order or ranking of Listings on the Network Sites.
b. Limited Inventory Advertising. These terms apply with respect to advertising products that are limited in availability and/or quantity, including, but not limited to, “Spotlight Ads” and banner ads (“Limited Inventory Advertising” or “LIA”).
1. LIA Contingency. Our acceptance of any order for LIA shall be wholly contingent upon availability of LIA and such other factors as we may determine in our sole discretion. We shall have no obligation to award LIA to Advertiser and may, in its sole discretion, award LIA to another advertiser who has placed an order for LIA. Advertiser understands and agrees that Rent Group may accept more than one order for the same LIA product and that, in awarding LIA, we may consider, among other factors, the rate Advertiser has agreed to pay for LIA as specified herein. Failure to award the LIA shall not otherwise have any effect on any order or Advertiser’s obligations with respect to any other advertising hereunder.
2. Substitution. In the event we determine that any LIA ordered by Advertiser is not available, Advertiser authorizes Rent Group, in its sole discretion, to downgrade that portion of the applicable order to any available substitute advertising which we determine to be comparable to the requested LIA, with a corresponding adjustment to the Advertiser’s cost.
3. No Auto Renewal. LIA products do not automatically renew on a month-to-month basis at the expiration of Advertiser’s Agreement. If an Advertiser’s Agreement automatically renews on a month-to-month basis, Advertiser must execute another Insertion Order in order to renew these LIA products.
c. Banner Ads. The following additional terms apply solely to the banner ads.
1. Pay-Per-Impression. As requested by Advertiser in an Order, we will create banner ads that conform to IAB and Rent Group standards. Advertiser shall pay us a fee equal to the rate for the number of impressions delivered, and any other rate premium associated with targeting, tracking and reporting of impressions, each as set forth on an Order, subject to the Monthly Impressions Cap (as defined below). During the Term, Advertiser may request an email report on activity associated with its banner ads for the immediately preceding month.
2. Monthly Impressions Cap. Advertiser must designate on an Order a cap on the aggregate number of impressions to be generated in respect of each calendar month during the term of this Agreement (the “Monthly Impressions Cap”). The Monthly Impressions Cap represents the maximum number of impressions for which Advertiser will be charged during a given month.
3. Fulfillment. Advertiser will be provided with the opportunity to preview the banner ad at least 72 hours prior to online launch. If Advertiser does not notify us of any objection to the ad at least 24 hours prior to scheduled launch, the ad will go online as scheduled. Advertiser- requested edits to an initial preview of advertising are free of charge. A charge of $75 will apply to any subsequent round of edits.