Regional Rental App offers tenant(s) application processing and payment services, as well as a host of
value-adding services, as more fully described herein and at www.regionalrentalapp.com (the "Site"), as
such descriptions may be changed by Regional Rental App from time to time. In order for you to obtain or
continue using the services provided by Regional Rental App, you must agree to and accept the terms and
conditions of this agreement (the "Agreement"). The Agreement sets out the terms and conditions under
which you may utilize the Regional Rental App Services. Please read this Agreement carefully.
By clicking on the "I AGREE" button, or by acknowledging Your acceptance of the Agreement terms and conditions by any other method allowed by Regional Rental App, or by using the Regional Rental App Services, You acknowledge and agree that You have reviewed and understand the Agreement and agree to be legally bound by all its terms and conditions. If you do not agree or are not willing to be bound by the terms and conditions of this Agreement, please do not click on the "I AGREE" button, do not acknowledge Your acceptance of the Agreement terms and conditions by any other method and do not seek to obtain or continue using Regional Rental App Services.
NOW THEREFORE, You agree as follows:
1.0 Your Capacity and Related Matters. By accepting the terms and conditions of this Agreement, You represent and warrant that (a) You are 18 years of age or older, (b) all information you have provided to Regional Rental App is true and correct in all respects, and (c) You will update Regional Rental App by email with any changes to information you have previously supplied. You further represent and warrant that you have the legal authority to accept the terms and conditions of this Agreement. Regional Rental App reserves its right, in its sole discretion, to refuse to provide you with any Regional Rental App service.
2.1 Regional Rental App Services. Regional Rental App shall provide the Regional Rental App Services to you in all material respects in accordance with the terms and conditions of this Agreement and consistent with all applicable laws and regulations.
2.2 Customer Service. During the term, if you are current in payment of all fees owing to Regional Rental App and are otherwise not in default under this Agreement, Regional Rental App shall provide customer service to you.
3.1 ID and Password. In connection with your rights described in Section 2.1, You must select an ID and password to enable you to access your application profile. You shall restrict access to such ID, password, and account to your family, friends, and associates. You are solely responsible for maintaining adequate security and control of any and all IDs, passwords, or any other codes for purposes of giving you access to Regional Rental App services. Regional Rental App shall be entitled to rely on information it receives from you and may assume that all such information was transmitted by or on behalf of you.
3.2 Relationship to Merchant Service Providers. You may have enrolled in the Regional Rental App services via a third party servicer. In addition to any other agreement you will see your service charge appear as REO Prep. You expressly acknowledge and agree that Regional Rental App or parent company REO Prep may share information about you and your account with its third party or parent providers.
3.3 Compliance with Law and Regional Rental App Guidelines. In connection with the exercise of your rights and obligations under this Agreement (including, without limitation, any related to individual privacy), you will comply, at your own expense, with all laws, policies, guidelines, regulations, ordinances, rules applicable to you without limitation, the rules promulgated by the Credit Card Associations, the Federal Trade Commission, the electronic communication rules of the CAN-SPAM Act, and the privacy requirements of the Gramm Leach Bliley Act and regulations thereof. You shall comply with all the current policies, procedures and guidelines of Regional Rental App governing the Regional Rental App Services. You shall not use the Regional Rental App Services in any manner, or in furtherance of any activity that may cause Regional Rental App to be subject to investigation, prosecution, or legal action.
Data Collection, Privacy and Security.
4.1 Regional Rental App Obligations.
Regional Rental App will collect, retain, and disclose information and data collected from you (including data associated with the REO Prep Services) in accordance with the Services Documentation. Regional Rental App, its subsidiaries, Merchant Service Providers, partners, suppliers and/or their agents/contractors may transfer data amongst themselves as necessary for the purpose of the provision and management of Regional Rental App services, and that Regional Rental App may further transfer data: to third parties assisting Regional Rental App in evaluating your eligibility.
5.1 Regional Rental App Service Fees.
You shall pay to Regional Rental App and or one of its affiliates REO Prep the fees set forth in the Fee Schedule, which is hereby incorporated into the terms of this Agreement by reference. Notwithstanding anything to the contrary and if agreed upon by the parties, a merchant Service Provider may charge, bill, and collect such fees from you, in the amounts stated in and in accordance with the terms and conditions of the agreement between You and Regional Rental App.
5.2 Returned Payment Fee. You shall pay to REO Prep a "Returned Payment Fee," in the amount set forth in the Fee Schedule, each time Regional Rental App attempts to debit your depository account or charge your credit card for any amounts owing under this Agreement and receives a returned item or decline message from Your bank.
6.1 REO Prep Bills You.
6.2 Billing Terms. Billing shall begin on the Effective Date. Regional Rental App service fees are due and payable. Termination of Your authorization shall result in termination of any and all Regional Rental App or REO Prep Services. It is furthermore understood there are no refunds. Regional Rental App service application fees are due and payable upfront prior to review. In the event of rejection, or application denial applicant shall not be entitled to any refunds.
6.3 Disputes. All disputes must be made in good faith and in writing within (14) days of the billing date. Fees billed shall be deemed accepted where written objections are not logged within such (14) day period. In the event an applicant dispute arises upon completion of the application process customer hereby agrees such dispute shall be considered void as the service has already been completed. Customer agrees a dispute charge may apply.
DISCLAIMER. THE REGIONAL RENTAL APP SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES. REGIONAL RENTAL APP DOES NOT REPRESENT OR WARRANT THAT THE REGIONAL RENTAL APP SERVICES WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ENTIRELY ERROR-FREE. YOU MAY NOT RELY UPON ANY REPRESENTATION OR WARRANTY REGARDING THE REGIONAL RENTAL APP SERVICES BY ANY THIRD PARTY IN CONTRAVENTION OF THE FOREGOING STATEMENTS. YOU UNDERSTAND AND AGREE THAT REGIONAL RENTAL APP SHALL BEAR NO RISK WITH RESPECT TO YOUR ACCEPTANCE OR REJECTION WITHOUT LIMITATION, ANY RISK ASSOCIATED WITH CREDIT CARD FRAUD OR CHARGEBACKS.
7.1 Your Warranties. You represent and warrant that all representations and statements made by You in this Agreement, or in any other document relating hereto by You or on Your behalf, are true, accurate and complete in all material respects. You hereby authorize Regional Rental App to investigate and confirm the information submitted by You herein. For this purpose, Regional Rental App may utilize credit bureau reporting agencies and/or its own agents.
7.2 Third Party Programs. You acknowledge that the Regional Rental App services are designed for use with certain third party programs, including, without limitation, certain Internet browser and software programs developed and owned by third parties. You will look solely to the developers and manufacturers of such programs with regard to warranty, maintenance or other support regarding the same.
LIMITATIONS OF LIABILITY AND DISCLAIMERS.
LIMITATIONS. UNDER NO CIRCUMSTANCES WILL: (A) REGIONAL RENTAL APP OR ANY OF ITS PARENTS, AFFILIATES OR VENDORS (OR ANY OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS OF THE PARTIES, OR ITS PARENTS, AFFILIATES OR VENDORS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (HOWEVER OR WHENEVER ARISING), INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUE, LOST RESIDENCY, ANTICIPATED TENANCY, LOST OPPORTUNITY OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, UNDER ANY THEORY OF LIABILITY OR CAUSE OF ACTION WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) REGIONAL RENTAL APP’S TOTAL LIABILITY TO YOU, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, UNDER THIS AGREEMENT OR WITH REGARD TO ANY REGIONAL RENTAL APP PRODUCTS OR SERVICES, EXCEED THE AGGREGATE COMPENSATION REGIONAL RENTAL APP RECEIVED FOR PROVIDING SERVICES TO YOU.