Terms & Conditions

Effective date: 1/1/2021

1. Introduction

These Terms & Conditions (“Terms”) apply to the services of RENT BETTA LLC (“RENT BETTA”, “we” or “us”), which operates the website RENTBETTA.com and related websites, mobile applications and services that help renters find and rent an apartment (collectively, our “Services”). By using our Services, you agree that:

1. You are at least 18 years of age,
2. You agree to be bound by these Terms, which form a legally binding agreement between you and us,
3. You are not a competitor or potential competitor of RENT BETTA

2. Use of Our Services

All content available through our Services, including photos, text, graphics, logos, features, descriptions, audio and video clips, downloads and other data, is the property of RENT BETTA, its affiliates and licensors, and is protected by copyright and other intellectual property laws

You may not scrape, crawl, transmit, download, copy, store, post, distribute, create a derivative work from, enter into a database, use a bot or spider to access, or in any other way exploit the content and information available through our Services, in whole or in part.

3. Third Party Content

Our Services may contain links to other websites, or contain content including graphics and photos that are owned or operated by third parties (“Third Party Content”). RENT BETTA does not monitor or assume liability for Third Party Content.

4. Warranty Disclaimer

All content and information from our Services is provided “as is” and without any warranties, express or implied. You expressly agree that the use of our Services is at your own risk. For the avoidance of doubt, we expressly disclaim any and all representations and warranties related to, but not limited to, the following:

1. The accuracy or completeness of any information provided by our Services, included information provided in apartment listings,
2. All warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any and all warranties from the dealing and usage of trade, and
3. The reliability and performance of our website and Services

5. Limitation of Liability

In no event shall RENT BETTA, its affiliates, and their respective owners, employees, agents, licensors, licensees, contractors, directors, officers, members, and security holders be liable for any damages or losses, including direct, indirect, consequential, special, incidental or punitive damages, arising from your use of our Services. The negation of any and all damages is the basis of the bargain between you and RENT BETTA, and our Services would not be provided to you without this limitation of liability.

6. Indemnification

By using our Services, you agree to defend, indemnify, protect, and hold harmless RENT BETTA, its affiliates, and their respective owners, employees, agents, licensors, licensees, contractors, directors, officers, members, and security holders, from any and all claims, liabilities, costs and expenses (including reasonable attorneys fees), arising from your use of our Services.

7. RENT BETTA’s Rights

We reserve the right, in our sole discretion, for any reason or no reason whatsoever, to:

1. Refuse to post any listing or other content to our Services,
2. Screen any listing and edit its content by making any additions, deletions or modifications we deem appropriate, including changing the price, description, and photos,
3. Remove information or listings from our services, including content submitted by users,
4. Flag any account, and diminish or eliminate the services offered to that account,
5. Terminate any account

8. RENT BETTA’s Remedies

You acknowledge that any breach of these Terms, including without limitation the restriction of our Services from access by competitors and web scraping or crawling, is a material breach of this agreement and will cause RENT BETTA irreparable harm and injury, for which there is no adequate remedy at law. You agree that RENT BETTA is entitled to injunctive and other equitable relief upon a breach of these Terms & Conditions.

9. Submitted Content

If you submit content to us, whether for listing an apartment rental on our Services or for any other purpose, including without limitation photos, descriptions, and other information regarding apartments for rent, you hereby grant us an irrevocable, perpetual, transferable, unrestricted, unconditional, unlimited, worldwide, and cost-free right to use, copy, publish, distribute, store, publicly display and create derivative works from this content. You also represent and warrant that you own all proprietary rights on this content, or otherwise have the full authority and right to transmit this content and grant licenses on it

10. Applications

Any applications you submit, or rental agreements that you enter into through our Services, including without limitation rental applications and leases, are for services provided by a landlord or property manager and not by RENT BETTA. Although RENT BETTA provides a platform for renters and property managers or landlords to enter into binding contracts with each other, we are not involved in, are not liable for, and are not a party to those contracts. You acknowledge that you will address any issues or concerns with the appropriate third party directly, whether a renter or property manager or landlord, and not with RENT BETTA

11. Payments

Any payments you submit through our Services, or otherwise render based on information provided by our Services, including without limitation payments for rental applications, first month’s rent and security deposit, are for services provided by a landlord or property manager and not by RENT BETTA. You acknowledge that you will address any discrepancies, issues or concerns regarding such payments, including reimbursal for improper payments or improper payment instructions, by contacting the other party directly, and not RENT BETTA. The information provided through our Services is “as is”, and we are not liable for incorrect payment information, whether provided inadvertently or fraudulently by another party. Renters, landlords and property managers agree to resolve payment disputes between each other, without involving or seeking damages from RENT BETTA.

12. Fair Housing

All content is subject to fair housing laws, which make it illegal to indicate preference or discriminate based on race, religion, color, national origin, sex, familias status, or disability.

13. DMCA

If you own a copyright which you believe is being infringed through our Services, you may send a written notice to dmca@rentbetta.com that includes the following:

1. Subject line which states “DMCA Copyright Infringement Notice”,
2. A description of the copyrighted work you claim is being infringed,
3. A description of where on our Services you believe the infringement is taking place (the URL of a listing or screenshot with the web address will satisfy this condition),
4. Your full name, address, telephone number, and email address,
5. A statement by you that you have a good faith belief that the use of the material on our Services is not authorized by the copyright owner,
6. A statement by you, under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner; and
7. Your electronic signature

14. General

1. Jurisdiction & Governing Law
   Our Services are offered to residents of the United States of America. The governing law for these Terms is New York State law.
2. Enforceability
   Our failure to enforce or exercise any right or provision in these Terms shall not constitute a waiver of such right or provision. If any arbitrator or court of competent jurisdiction finds any provisions in these Terms invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the validity and enforceability of all remaining provisions shall not be affected.
3. Disputes & Arbitration
   If any controversy, allegation, or claim arises out of your use of our Services, then you and we agree to send electronic notice to the other providing a description of the dispute and proposed resolution of it. Notices of dispute should be sent to info@rentbetta.com with “Dispute Notice” in the subject line. For 60 days following the receipt of notice from the other party, you and we will engage in a dialogue in order to attempt to resolve the dispute. All disputes, if they cannot be resolved within 60 days, will be resolved by final and binding arbitration. The Federal Arbitration Act (“FAA”), not state law, shall govern the arbitrability of all disputes. Disputes will be resolved by binding arbitration in accordance with the commercial Arbitration Rules of the American Arbitration Association (“AAA”). If a party submits a dispute to the AAA and the AAA is unwilling to initiate a hearing then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”).
4. No Class Actions
   Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with other claims or proceedings. You and RENT BETTA agree that each may bring claims against the other only in our individual capacity, and not as a plaintiff or class member in any class or representative proceeding.
5. Injunctive Relief
   The foregoing provisions of this section will not apply to any legal action taken by RENT BETTA to seek an injunction or other equitable relief in connection with any cost, damage or loss incurred by us.
6. Amendment to Terms
   This version of the Terms became effective January 1, 2021 and replaces any version effective prior to that date. We reserve the right, in our sole discretion, to modify this agreement at any time. Updated Terms will be available on our website and become effective immediately. You are under an obligation to review the current version of this agreement each time before using our Services.
7. Assignment
   You shall not assign, pledge, sublicense or transfer any right or obligation under these Terms. We may assign, pledge, sublicense or transfer any right or obligation under these Terms to a subsidiary, affiliate, or successor or to any third party, without notifying you and without receiving your consent.
8. RENT BETTA shall not be liable for any delay or failure to perform resulting from causes outside of our control, including with limitation acts of God, war, terrorism, riots, fire, outbreaks of illness, floods, accidents, embargos, or acts of civil or military authorities.
9. Entire Agreement
   These Terms and our Privacy Policy constitute the entire agreement between RENT BETTA and you regarding the use of our services, and supersedes any and all prior written or oral communications and/or agreements between you and us.
10. Contact Us
    If you have questions regarding our Terms & Conditions, email us at info@rentbetta.com