Terms of Use

Last Modified: August 7, 2024

TurboTenant, Inc. (“TurboTenant”, “we” or “us”) operates this website, including any subdomains, mobile applications, or other extensions (collectively, the “Website”). The Website is offered and available only to users who are 18 years of age or older and who reside in the United States or any of its territories or possessions. By using or accessing the Website, (1) you represent and warrant that you are of legal age to form a binding contract and meet the foregoing eligibility requirements and (2) you agree to these Terms of Use (the “Terms”). If you do not meet all of the foregoing requirements or if you do not agree to the Terms, then you must not access or use the Website and you are not authorized to do so.

Please read the Terms carefully before using the Website. We may change the Terms from time to time in our sole discretion by posting revised terms to the Website. Any change to the Terms will be effective immediately upon posting to the Website and will apply to all access to and use of the Website thereafter. Your use of the Website following the posting of revised Terms constitutes your acceptance of the revised Terms. You are expected to review the Terms from time to time to ensure that you are aware of any changes, as the Terms are binding on you whether or not you have read them.

2. About the Website and TurboTenant’s Role

The Website provides users with content, functionality, and services related to managing, leasing, or renting real property, including vacancy marketing, rental applications, tenant screening, and payment processing. The Website may be used by tenants or prospective tenants (which are referred to herein as “tenants”) to, among other things, apply for a property, obtain renter’s insurance, and make or receive payments, and by landlords, property managers, or their agents (which are referred to herein as “landlords”) to, among other things, market properties, receive applications, screen applicants, and make or receive payments. We may facilitate transactions between users of the Website (referred to herein as “users”) and between users and others. However, we are not a party to any transactions, contracts, or agreements between users or between any user and any third party, even if the transaction is facilitated by the Website. We are not a landlord or property manager, nor are we a broker or agent for any user. Tenants may use the Website to obtain renter’s insurance, but we are not an insurer or an insurance agency. Further, while we may provide general information about the rights and obligations of landlords and tenants, as well as forms or template documents, including contracts such as lease agreements or rental agreements, we are not lawyers and do not provide legal advice of any kind. Users should consult legal counsel before entering into any contracts.

3. Accessing the Website

To access the Website or some of the features or resources it offers, you may be asked to provide certain information or registration details. It is a condition of your use of the Website that all of the information that you provide through the Website is correct, current, and complete. By providing a phone number, you agree that TurboTenant may contact you at this number. Your carrier’s normal phone rates may apply. You agree that all information that you provide through the Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions that we take with respect to your information consistent with our Privacy Policy.

You must treat any username, password, or other credentials used to access the Website or any of its features or functionality as confidential, and you must not share such information with anyone else unless you have added an authorized admin user to your account. In such event, you hereby give consent to allow an authorized admin user to gain nearly complete access to your account, including information, messages, rent payments, financial and banking information. The authorized admin user will not be able to change features in your account such as the owner’s email, phone number or name. The authorized admin user will also not have the ability to change your notification preferences. Your account is personal to you and you will be responsible for any use of the Website by any person using your username, password, or credentials. You agree to notify us immediately of any unauthorized access to or use of your username, password, or credentials, or any other breach of security. You must ensure that you exit from your account at the end of each session and you should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of the Terms.

We reserve the right to withdraw or amend the Website, and any functionality, service, or material provided through the Website, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to all or any portion of the Website in our sole discretion.

Electronic Communications

When you use the Website, you consent to transact business with us electronically. As part of this consent, you agree to receive all communications, documents, notices, disclosures, contracts and agreements related to your use of our Website electronically. This includes your consent to receive IRS Form 1099 electronic statements from us if you use our our rental payments feature. We will provide all forms and communications to you electronically via email to the email address you provided. Your consent will remain in effect for so long as you are a user of our Website and thereafter until such time as you have ceased being a user and all information relative to your transactions that occurred while you were a user have been sent. Once a Form 1099 is electronically sent, you will receive a notice via email. You may wish to download the 1099 to your files and/or print it out. You will need this form to complete your tax return. We will keep all electronic 1099’s in your account until October 15 of the following tax year. If you wish to opt out of receiving Form 1099’s electronically, you have a right to request that paper copies be mailed to you. If you wish to receive paper copies of IRS Form 1099, please contact [email protected] to indicate this choice. You may update your personal information, entity information and email at any time by going to the account section of your account and changing your preferences.

4. Use of the Website

You may use the Website only for lawful purposes and in accordance with the Terms. You agree not to use the Website:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To transmit, or procure the sending of, any advertising or promotional material except as explicitly permitted, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate any person, including us or any of our employees, another user, or any other person (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or any users or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any users use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.

5. User Content

We may permit users to post, upload, transmit, or otherwise make available through the Website (collectively, “submit”) content, including messages, text, comments, images, graphics, photos, illustrations, sounds, music, videos, information, files, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title, and interest in and to your User Content. We do not guarantee the confidentiality or protection of any User Content submitted to the Website. It is your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same. We have the right, but not the obligation, to monitor User Content, and we may, in our sole discretion and for any reason whatsoever, edit, refuse to post, remove, or disable access to, any User Content.

You are responsible for any User Content that you submit. You must ensure that such User Content is safe, complies with all applicable laws and the Terms, and does not violate the rights of any third party. You agree that you will not submit any User Content that:

Violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity.
Is threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable, or otherwise violates any applicable law.
Encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
Contains instructions or advice that could cause harm or injury.
Is false or misleading or gives the impression that it emanates from or is endorsed by us or any other person if that is not the case.

By submitting User Content, you

Represent and warrant that you own or have sufficient rights in such User Content to grant the rights and licenses granted by you in the Terms and that such User Content complies with the Terms.
Grant to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, in connection with our business and in connection with the businesses of our affiliates, licensees, assignees, successors, parents, subsidiaries, and their related companies. Such right and license includes the right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the User Content, including, without limitation, your name and geographical location (e.g., “Greg O. – Denver, CO”), for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law.
Grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of the Website and in compliance with the Terms.
Waive any and all claims you may have in any jurisdiction to any “moral rights” or rights of “droit moral” with respect to the User Content.

6. Reliance on Information Posted

The content and information presented on or through the Website is made available solely for general informational purposes and to facilitate the interactive services offered through the Website. While we may take efforts to provide reliable and up to date information through the Website, we do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk and we disclaim all liability and responsibility for any loss or damage resulting from such reliance.

Furthermore, while we take certain measures intended to assist users in avoiding potentially fraudulent or other illegal activity, including using third-party identity verification services to help ensure the identity of users before allowing them to use certain interactive features of the Website (such as requesting credit reports or using the electronic payments service), we cannot and do not guarantee the effectiveness of these measures or the accuracy of the identity of any user, even if we have indicated that such user’s identity has been verified. You assume the risk of transacting business with any other user or third-party through the Website and understand that an indication that a user’s identity has been verified means only that the user has provided sufficient information to satisfy the identity verification process of our third party identity verification vendors and that it is not a guarantee of the identity of such person.

The Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content clearly provided by us, are solely the opinions and the responsibility of the person or entity providing those materials and do not necessarily reflect our opinion. We are not responsible, or liable to you, for the content or accuracy of any materials provided by any third party.

7. Interactive Services

The Website provides certain interactive services and facilitates transactions and the sharing of information between users and between users and third parties, including by allowing landlords to set up online rental applications for their properties, screen applicants, prepare leases or other documents, and to receive rent payments, and allowing tenants to submit rental applications, approve credit reports, purchase renter’s insurance, and make rent payments. In some cases, these interactive services are provided by third parties (e.g. renter’s insurance). By using the interactive services, you specifically acknowledge and agree that any information submitted by you or obtained by us or such third parties in connection with your use of these services, including, but not limited to, your name, address, phone number, credit history, including credit report and/or score, rental history, and employment history/verification, may be provided to us or by us to third parties (including but not limited to potential lessors, credit reporting services, third-party vendors, advertisers, and service providers, or other third parties). YOU ARE PROVIDING EXPRESS PERMISSION FOR US TO COLLECT ALL SUCH INFORMATION AND TO PROVIDE IT TO THIRD PARTIES IN ACCORDANCE WITH OUR PRIVACY POLICY.

8. TurboTenant Text Messaging (SMS) Service

Users can opt in to the following types of Text Message Programs:

For Landlords:

Notification when a message is sent to from a renter in TurboTenant messaging.
Verification of phone number for fraud protection and account verification.
Notification when an interested renter has called a TurboTenant marketing call forwarding number assigned to a landlord’s rental.

For Renters:

Notification from a landlord requesting renter to apply to a property or fill out a pre-screener questionnaire
Notification when a message is sent to the renter from a landlord in TurboTenant messaging.

Users can opt out or cancel the messaging service at any time by just texting “STOP” to the short code. After we receive your “STOP” message, we will send you a text message to confirm that you have unsubscribed. After this, you will no longer receive text messages from that program.

If you are experiencing issues with the messaging program, just reply with “HELP” for more assistance or you can get help directly at [email protected].

By opting in to use TurboTenant and the associated services, you are consenting to receive text messages and acknowledge that message and data rates may apply for any messages sent to you from us and to us from you. You will receive messages from us when triggered by the applicable action. Currently, we are not sending out any recurring messages.

If you have any questions regarding privacy, please read our privacy policy here.

9. Financial Data

We use Plaid Inc. (“Plaid”) to gather your data from financial institutions. In certain cases, we may also use Stripe, Inc. (“Stripe”) to make connections to your bank account. By using the Website, you grant us, Plaid, and Stripe the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution, and you agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Plaid Privacy Policy and/or the Stripe Privacy Policy, as applicable.

10. Credit Reporting and Background Checks

We allow landlords to request a credit report and/or a background check report from prospective tenants through the Website. When a landlord makes such a request, we will give the prospective tenant the option to approve a single-use copy of his or her credit report and/or background check report and to share it with the requesting landlord. To provide this service, we may ask for your Social Security Number and other personally identifying information (such as information about other creditors you have had), which we will share with our third-party credit reporting agency for the purposes of preparing and sharing reports and verifying your identity, and which we will not store (except on a temporary basis) or use for any other purpose.

TurboTenant uses TransUnion, available at the address below, to obtain the screening reports that are shared with the landlord. TurboTenant does not make tenant screening decisions on behalf of landlords. Please refer to the prospective landlord’s website or other contact information for any criteria around which tenant screening decisions may be made. In the event of an adverse action to your application, you have the right to request a free copy of your consumer report from the credit reporting agency and dispute the accuracy of information appearing in the report.

TransUnion Rental Screening Solutions: Attention: Consumer Disputes
PO Box 800
Woodlyn, PA 19094
Email: [email protected]
Phone: 1-833-458-6338

If you are a tenant, you may opt into a service that includes having your TurboTenant-processed rental payments furnished to third-party consumer credit-reporting agencies (“Rent Reporting”). When opting into Rent Reporting in the tenant portal, you authorize TurboTenant to consistently report the rent payments you make through TurboTenant and rent payments that your landlord records as paid in their TurboTenant account to TransUnion, a credit reporting agency. The renter may be charged a subscription fee based on the landlord’s current subscription package. To provide rent reporting, we may ask for your Social Security Number and other personally identifying information which we will share with our third-party credit reporting agency, TransUnion, for the purpose of verifying your identity. We will not store (except on a temporary basis) or use such personally identifying information for any other purpose. TurboTenant is not responsible for how TransUnion may manage or use the information provided to them. TurboTenant does not control how any reported information may positively or negatively impact your credit score. TurboTenant cannot guarantee or predict the nature and amount of any credit score change, if any. TurboTenant hereby disclaims any representations and warranties concerning the effect of Rent Reporting on your credit score and report. Subject to applicable law, including the Fair Credit Reporting Act, TurboTenant shall not be liable for the impact of any Rent Reporting on your credit score, and you agree to indemnify and hold TurboTenant harmless against any claims concerning the effect of Rent Reporting on your credit report. You may opt out of Rent Reporting at any time in the tenant portal.

To provide the Rent Reporting service, we may securely transmit your relevant personal information to such credit reporting agencies, including your name, date of birth, address, payment amounts, and payment dates. Successful rent payments made by you while this feature is enabled may appear on credit reports provided by such agencies (whether or not requested through the Website) and may be taken into account by such credit reporting agencies in calculating your credit scores. This feature may be disabled by you at any time. While this feature is enabled, months for which no payment has been made via the Website may be reported to agencies as “no activity” (which is not an indication of failure to pay rent or of late payment). If you disable this feature during the term of a current lease, the entire payment history associated with that lease may be deleted from your credit reports. Please note that once submitted, we do not control the format of or for how long any rent payment history data will appear on your credit reports.

YOU HAVE THE RIGHT TO DISPUTE AN ENTRY ON YOUR CREDIT REPORT DERIVED FROM RENT REPORTING BY NOTIFYING TURBOTENANT THROUGH MAIL OR EMAIL AT [email protected]; OR BY CONTACTING THE CREDIT BUREAU DIRECTLY. You must provide the following information as part of any dispute of information provided by TurboTenant Rent Reporting: (a) your name and contact information; (b) the address of the property for which we are reporting rent payments through Rent Reporting; and (c) a brief description of the disputed information. You hereby represent and warrant that all information submitted to the Website pursuant to any dispute is truthful and accurate.

If you are a landlord requesting a credit report or a background check report from a prospective tenant:

You hereby accept and agree to be bound by the End User Terms available here.
You represent that you are making such request, and will use such report, in compliance with applicable law and solely for the purpose of your own evaluation of the prospective tenant in connection with that tenant’s rental application and for no other purpose, and that that you have never been involved in, and promise that you will not become involved in, any credit fraud or other unethical business practice, and that you will immediately notify us and discontinue all use of the Website and any reports and other information obtained via the Website if you are ever involved in any such fraud or practice.
You must familiarize yourself with the Fair Credit Reporting Act (“FCRA”) and any applicable state laws governing the use of consumer reports and comply with the FCRA and all such state laws.
To the extent you rely in any way on the content of a report in taking an adverse action against an applicant (such as denying an application or requiring a co-signer or higher deposit), you may be required to furnish the applicant with an adverse action notice as required by the FCRA and applicable state law, even if the content of the report played only a small role in your decision.

If you are a tenant approving a credit report or background check report:

You hereby accept and agree to be bound by the Consumer Agreement Terms available here.
You hereby acknowledge and accept that by submitting a rental application, or approving a credit report or background check report, or any similar submission, you understand that such application and/or approval, as applicable, is not a guarantee of acceptance of your application or any other benefit and that you are solely entitled to submission of such request or report to the landlord noted on the application.
You certify that you are approving such report for the purpose of furnishing the report to a prospective landlord in connection with your rental application and for no other purpose.

Credit-report and background check-report functionality is provided by our third-party credit reporting agency and may not be available for all users or at all times for various reasons, including reasons beyond our control or about which we may not have specific information. If you are unable to order, approve, share, request, or view a credit report or background check report using the Website, you should contact the person requesting or being asked to provide the report via the contact information provided through the Website to discuss the matter directly. You may also contact us at [email protected] for assistance.

We are not a credit bureau and do not control the content of credit reports (except to the limited extent described above with respect to opt-in rental payment reporting), including reports obtained through the Website. We are NOT responsible for the content of any credit report or background check report or any credit score, whether correct or incorrect. Credit reports and background check reports can contain information that is incorrect, incomplete, or not up to date, and reports are not a substitute for carefully reviewing and independently verifying all information contained in a rental application and interviewing a prospective tenant. If you believe that any information contained in your credit report or background check report is inaccurate or incomplete, you have the right to dispute it. To dispute the content of your credit report or background check report, please contact us via email at [email protected]. To dispute the content of your credit report or background check report, please contact TransUnion via email at [email protected] or by phone at 1-833-458-6338.

11. Payment Transactions

You may use the Website to make or receive payments. We are not a party to payment transactions between users (e.g. between tenants and landlords), we never take custody of money transferred between users, and we are not responsible for what recipients do with payments made through the Website.

Payments made from a checking account via the ACH network may incur an additional processing fee of $2.00 per transaction,based on the subscription status of the Landlord. Payments made by credit card or debit card will incur a convenience, processing, or similar fee, as applicable, that is added to the amount of the payment. These fees are paid by the party making the payment and there is no charge to receive payments via the Website.

During the time that you are making or receiving payments through the Website, you must ensure that all bank account, ACH information, and debit or credit card information of the payor and payee is up-to-date and accurate. Any authorization you provide to make repeating automatic payments using the Website will remain in effect until cancelled. Either party to any recurring payment transaction may cancel the recurring payment transaction at any time by contacting [email protected], or by submitting such cancellation though the party’s account on the Website where such option is available. However, if a current transaction is in process, such transaction will be finalized before we cancel the recurring payments.

We use Stripe to execute online payment transactions. By using this feature of the Website, you agree to be bound by the Stripe Connected Account Agreement, available at https://stripe.com/connect/account-terms. The Stripe Connected Account Agreement may be updated from time to time and you are encouraged to review the same before using the Website to make payments and from time to time thereafter.

By providing us with your banking, credit or debit card, or other payment information, you authorize us to use it and disclose it to Stripe or other payment gateway providers for the purpose of processing the payments you authorize through the Website. Payment gateway providers may also aggregate your information for other purposes, but only in ways that don’t identify you personally or disclose any personal information about you and may disclose your personal information when necessary to comply with the law.

If you make or attempt to make a payment through the Website and the payment does not complete for any reason or is rejected for insufficient funds (NSF), you may be assessed late fees or penalties and/or charged an NSF fee and you will be responsible for correcting the non-payment by initiating a new transaction through the Website or by making the payment in some other manner, paying any late fees or penalties assessed against you, and paying any NSF fee charged to you. We may require that you pay any late fees or penalties assessed and/or any NSF charged to you before you may initiate a new payment transaction through the Website. For avoidance of doubt, if any payment you initiate using the Website does not successfully complete, the intended payment recipient reserves the right to seek payment from you via the Website or otherwise.

If you receive any payment through the Website and the payment is the subject of a reversal, chargeback, or dispute, then you authorize us and our third-party payment providers to reverse or otherwise debit the funds at issue from your account. If we are unable to reverse or otherwise debit sufficient funds from your account, then you agree to pay such amounts to us promptly upon our request.

If TurboTenant receives a notice of dispute that a tenant or other payor files with the bank or credit card company that such person used to make a payment through the Website, you agree that we may reverse such charge on the basis of receiving the notice of dispute alone. TurboTenant reserves the right to disable a user’s account for excessive reversals, chargebacks or disputes.

Any blocked or otherwise unpaid reversals, chargebacks, or dispute amounts are due and payable to TurboTenant and may be sent to a collections firm or similar debt collection agency. All accounts with unresolved reversals, chargebacks or dispute amounts may result in the closure of the account. You acknowledge and agree to our right to investigate any and all transactions for fraud and you agree to cooperate with any reasonable requests made by us in an effort to investigate fraud. We reserve the right to seek reimbursement from you, and you will reimburse us, if we discover any fraudulent transaction, erroneous or duplicate transaction, or if we receive a chargeback or reversal from any payor for any reason with respect to any transaction to which you are a party. You agree that we have the right to obtain such reimbursement by charging your account, deducting amounts from future transactions, charging your credit card or any bank account associated with your account, or obtaining reimbursement from you by any other lawful means, including using a third party collection agency. Failure to pay any amounts required to be paid, including any reimbursements of a chargeback or a reversal of payment, is cause for termination of your account.

WE ARE NOT A COLLECTION AGENCY AND WE DO NOT GUARANTEE ANY PAYMENT BY ANY THIRD PARTY NOR DO WE ASSUME THE RISK OF NONPAYMENT BY ANY PARTY IN CONNECTION WITH ANY PAYMENT TRANSACTION MADE THROUGH THE WEBSITE.

12. Rental Listings

IF YOU POST A PROPERTY THROUGH THE WEBSITE OR ANY OF TURBOTENANT’S RENTAL MARKETING SERVICES, YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE THE PROPERTY OWNER FOR SUCH PROPERTY BEING POSTED, OR THE DULY AUTHORIZED AGENT OR REPRESENTATIVE OF SUCH PROPERTY OWNER.

TurboTenant posts properties or listings submitted to the Website to dozens of major property listing sites, but does not guarantee that by posting any property or listing on the Website, such property or listing will be posted to any third-party website.

If you consent to and elect to use our optional AI Property Listing Generator, then you agree to and acknowledge that your use of the services, products or software are governed by separate OpenAI Terms of Use found here as well as this Agreement.When you consent to use this service, your consent will apply to all future AI listings initiated by you until you revoke your consent by notifying us at [email protected]. For transparency, the following is a list of the data that will be shared with our Property Listing Generator:

Property type
Property role
Number of bedrooms
Number of bathrooms
Property address including City and State
Available Date
Rent amount
Square footage
If smoking is allowed
Year Built
Utilities included
Pets allowed
Amenities

You are responsible for the content, which includes ensuring that it does not violate any applicable laws or the terms of OpenAI or these Terms. Once a property listing has been generated, the owner of the product will be TurboTenant. We shall not be held responsible for any content that is generated. You agree to protect and defend us against all claims that may arise from your content. No link(s) should appear in your content that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Any and all content will be created in cooperation with you and used only upon your acknowledged approval. TurboTenant does not guarantee the accuracy of the AI generated property listings. Before publishing, you will be able to edit and correct any inaccuracies before the content is published. It is your responsibility to review and approve the listing before publishing the content.

13. Premium Plan Terms

The following terms, in addition to all other terms, conditions, and requirements of these Terms, apply to your use and access of the TurboTenant Premium Plan Services:

TurboTenant offers a subscription-based service that includes access to certain TurboTenant forms, accelerated rent payments, electronic signatures, payment accounts, phone and chat support and other services more particularly described on the Premium Plan Features Page, available here (collectively, the “Premium Plan Services”). Certain Premium Plan Services may be subject to additional verification and approval.

A. Phone and Chat Support. The Premium Plan Services may include additional customer support, including chat or phone support. TurboTenant customer support staff will be available as specified on the Premium Plan Features Page, subject to change at TurboTenant’s discretion (the “Support Services”) to answer questions and provide support concerning TurboTenant’s services. TurboTenant reserves the right to restrict access to the Support Services if your use of the Support Services is excessive, abusive, or otherwise impacts or restricts TurboTenant’s ability to provide effective Support Services to its other customers, as determined in TurboTenant’s sole discretion.

B. Modifications. TurboTenant reserves the right to modify, update and/or enhance the Premium Plan Services and/or make access to and use of any information available through the Premium Plan Services subject to additional terms or conditions applied to different subscribers of the Premium Plan Services for any reason at any time with notice to you of any such changes or additional terms.

C. Subscription Term. When you subscribe to the Premium Plan Services, you agree to pay the Subscription Fee (as defined below) in exchange for access to the Premium Plan Services for the time period specified at the time of purchase which will be noted in your account settings, or for the time period specified in your account renewal settings, if applicable (collectively, the “Subscription Term”). Except as otherwise provided in these Terms, the Subscription Term continues for the full duration specified in the applicable sign-up page or renewal settings. The Subscription Term shall automatically renew, including with any applicable Subscription Fees, as specified in the renewal settings in your account, for one (1) additional year and will automatically renew thereafter every year at the end of the time period unless you cancel the Subscription as defined in the Cancellation Policy outlined in Section F below. You will receive a subscription renewal reminder 30 days before your Premium Plan Service automatically renews. You may cancel the renewal of your subscription at any time through the settings in your account or by the methods described in Section F below, and your subscription to the Premium Plan Services will continue until the termination of the then in effect Subscription Term, without renewal.

D. Subscription Fees; Refunds. In consideration for the rights to access and use the Premium Plan Services during the applicable Subscription Term you agree to pay to TurboTenant the fees in the amounts and in the frequency as specified when you sign-up for or renew for the then in effect Subscription Term (the “Subscription Fee”). Subscription Fees are due and payable upon sign-up or renewal of the applicable Subscription Term. All Subscription Fees are non-refundable. TurboTenant reserves the right to change or adjust the pricing, structure, duration, and other components of the subscription length and pricing offered for the Premium Plan Services for any reason and at any time and any change terms will be outlined in your renewal reminder. Except as otherwise provided herein, any such changes shall be effective upon the renewal or conclusion of your then fully paid for and in effect Subscription Term.

E. Service Account. Each Premium Plan Services account will be linked to a single email address and password. You agree not to (a) make the Premium Plan Services available to any third party or unauthorized users, (b) sell, resell, rent, or lease the Premium Plan Services, (c) interfere with or disrupt the integrity or performance of the Premium Plan Services, third-party integrations, or third-party data contained therein, or (d) attempt to or, help any third-party attempt to, gain unauthorized access to the Premium Plan Services, third-party integrations, or their related systems or networks.

F. Cancellation Policy. Should you wish to cancel your Premium Plan Services, you may cancel through any of the following methods:

You can find the cancel option by logging into your account, clicking Account, then Settings, then Billing, and then “CANCEL SUBSCRIPTION” under the Premium Plan section. This will cancel your renewal immediately. This link will navigate you to the right section as well; or
Fill out this automated form accessed through this link. Cancellations through this method will take up to 7 days to process after submitting the form.

If you cancel, you will still have access to Premium features until the end of your subscription term.

14. Insurance

Insurance products are sold exclusively through third party vendors. Please direct all insurance billing, coverage, and claims inquiries to such third-party vendors. All descriptions of coverage presented on the Website are summaries only. Please obtain and refer to full policy documents for details on coverage limits, conditions, and exclusions. We do not provide liability insurance protection for landlords or tenants, regardless of whether a user obtains insurance coverage through one of our third-party vendors. Users are solely responsible for obtaining insurance coverage sufficient to protect their interests.

15. Partnerships

A. Lula Smarter Property Maintenance (“Lula”).
TurboTenant has partnered with Lula to provide a streamlined property maintenance subscription services to some of our users, based on availability in certain geographic locations. If you choose to subscribe to Lula’s property maintenance subscription service, you agree to the following:

a. Annual subscription. The yearly cost is $149.00 which covers all your rentals. The subscription price includes 24/7 troubleshooting via SMS to assist you or the tenant in resolving issues independently. If the issue is not resolved, then you or your tenant will be matched with the right professional(s) for the situation. The professional(s) will go out to the property to inspect and resolve the issues if it is below the Not to Exceed (“NTE”) amount. They will draw up a quote for the work to be performed if it will exceed the NTE, which you will be able to reject or approve. Note, your subscription price does not include the price of the actual work required to fix the problem.

b. Work Order Fees. If a professional is dispatched to your property and completes work, there will be charges for the work completed to the payment method on file with TurboTenant automatically. If estimated to exceed the NTE, the contacts will be notified.

c. Other Fees If a professional is dispatched to the property but is not authorized to perform work to resolve the issue a trip charge of $75-100 may be incurred for which your card on file will be charged. No shows to appointments may also result in a trip charge.

d. Payment. Payment for the annual subscription service, any repair work performed and/or any trip charge will be charged to the credit card you have on file with TurboTenant. If you cancel this subscription service, TurboTenant will need to hold your credit card on file for the remainder of your subscription term to make sure all open work orders have been fulfilled and paid for.

e. Minimums and Not to Exceed Limits. Lula has a minimum of $300 not-to-exceed limit (“NTE”) required to be a Lula subscriber. Often work orders may be less than $300 and you will not be contacted for approval. You can set this limit higher in your account if you like. If the cost will exceed your NTE, Lula will contact the primary and secondary contacts before initiating any more work. The exception to this NTE limit is emergency situations. In rare emergencies, if the cost of the immediate fix is less than the cost to repair any damage caused by not acting (i.e. stopping a burst pipe) and the primary and secondary contacts do not timely respond, you agree to allow Lula to proceed in good faith to prevent or limit further damage.

f. Quotes. Prior to the commencement of any work above the NTE, a Lula professional will provide a quote on the requested repair. User is responsible for approving the quote, partially approving the quote or rejecting the quote as well responding to any requests for follow up information. Quotes are valid for 30 days after delivery of the quote.

g. Access to Premises. Depending on the nature of the repair, services may require a certain level of access to the premises be provided by you or your tenant. If a professional is unable to complete the agreed to services within the scheduled time due to your failure to have an individual present within a reasonable time of the scheduled Job arrival time, TurboTenant reserves the right to either cancel the Job or charge a service fee at its sole and absolute discretion (but not to exceed $100) for such delay or failure to provide necessary access. See “Other Fees”

h. Cancellation. After a work order has been accepted and scheduled for repair, cancellation of the work is not allowed.

i. Warranty. There will be a 30 day warranty on parts and labor for services performed. Warranty beyond 30 days is up to the discretion of Lula.

j. Subscription Terms. When you sign up for the Lula subscription services, you are agreeing to pay the annual subscription fee of $149.00 which is charged to you on the date you sign up and is then automatically renewed annually thereafter unless canceled prior to the renewal date.

k. Subscription Renewals. All subscriptions will automatically renew yearly on the date you originally signed up for the service unless canceled. Renewal reminder emails will go out at least 30 days prior to the renewal date.

l. Subscription Cancellation. You can cancel your subscription at any time by logging into your account, clicking Account, then Settings, then Billing, and the “Cancel Subscription” under the Maintenance Plus section. This will cancel your renewal immediately. You can also cancel your subscription by filling out this form at this link. If you cancel this subscription service, you can continue to send work orders to Lula for the remainder of your subscription term. TurboTenant will need to hold your credit card on file for the remainder of the subscription period or until all work orders are fulfilled and paid for, whichever is later.

m. Refunds. If you are not satisfied with your Lula Subscription, please reach out to [email protected] to inquire about a refund.

n. TurboTenant reserves the right to change or adjust the pricing, structure, duration and other components of the Lula program and/or subscription length and pricing offered for the Lula Services for any reason and at any time, and any change terms will be outlined in your renewal reminder. Except as otherwise provided for herein, any such change shall be effective upon the renewal or conclusion of your then fully paid for and in effect Subscription Term.

o. Support For any issues with work performed, you can contact Lula at the following numbers:

Customers/PMs/Landlords – (913) 303-7781

Residents/Renters/Tenants – (913) 444-9295

To reach TurboTenant’s customer support, just email us at [email protected].

p. Limits of Liability. NEITHER TURBOTENANT, LULA NOR ANY PERSON ASSOCIATED WITH TURBOTENANT OR LULA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER TURBOTENANT, LULA NOR ANYONE ASSOCIATED WITH TURBOTENANT OR LULA REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM, OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APPLICATIONS OR ANY ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. IN NO EVENT SHALL TURBOTENANT, LULA, ITS LICENSORS, PROS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM OR SERVICES, OR FOR ANY LOSS, CORRUPTION, OR THEFT OF DATA ENTERED INTO THE PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL LULA OR ITS AFFILIATES OR PROS HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM OR SERVICES FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR DIRECT DAMAGES IN AMOUNTS THAT EXCEED TEN THOUSAND DOLLARS IN THE AGGREGATE. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR TURBOTENANT OR LULA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Further limits of liability language can be found at paragraph 26 below.

q. Dispute Resolution. In the event of a dispute resolution, the process is as outlined in paragraph 29 below.

B. REI Hub.
Turbotenant has partnered with REI Hub to provide accounting and bookkeeping software to our users. If you choose to subscribe to REI Hub’s subscription service, you agree to the following:

Subscription. Options include yearly, quarterly or monthly subscriptions with pricing found here. The subscription automatically renews.
Payment Payment for the subscription service will be charged to the credit card you have on file with TurboTenant.
Subscription Renewals. All subscriptions will automatically renew on the date you originally signed up for the service unless canceled. Renewal reminder emails will go out at least 30 days prior to the renewal date.
Subscription Cancellation. You can cancel your subscription at any time by logging into your account, clicking Account, then Settings, then Billing, and the “Cancel Subscription” under the REI Hub Subscription section. This will cancel your renewal immediately. You can also cancel your subscription by filling out this form at this link. If you cancel this subscription service, you can continue to use REI Hub for the remainder of your subscription term.
Refunds. If you are not satisfied with your REI Hub Subscription, please reach out to [email protected] to inquire about a refund.
TurboTenant reserves the right to change or adjust the pricing, structure, duration and other components of the REI Hub program and/or subscription length and pricing offered for REI Hub accounting software for any reason and at any time, and any change terms will be outlined in your renewal reminder. Except as otherwise provided for herein, any such change shall be effective upon the renewal or conclusion of your then fully paid for and in effect Subscription Term.
Support For any issues with the accounting software, you can contact REI Hub customer service at [email protected].
Limits of Liability. NEITHER TURBOTENANT, REI HUB NOR ANY PERSON ASSOCIATED WITH TURBOTENANT OR REI HUB MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER TURBOTENANT, REI HUB NOR ANYONE ASSOCIATED WITH TURBOTENANT OR REI HUB REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM, OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APPLICATIONS OR ANY ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. IN NO EVENT SHALL TURBOTENANT, REI HUB, ITS LICENSORS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM OR SERVICES, OR FOR ANY LOSS, CORRUPTION, OR THEFT OF DATA ENTERED INTO THE PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL REI HUB HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM OR SERVICES FOR LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR DIRECT DAMAGES IN AMOUNTS THAT EXCEED TEN THOUSAND DOLLARS IN THE AGGREGATE. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR TURBOTENANT OR REI HUB WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Further limits of liability language can be found at paragraph 26 below.
Dispute Resolution. In the event of a dispute resolution, the process is as outlined in paragraph 29 below.

16. TurboTenant’s Better Landlords Forum.

Our Better Landlords Forum is a community space for landlords to interact, share stories, information and access TurboTenant’s educational content. Forum visitors can access the forum content without a TurboTenant account, but will need to create an account in order to post or interact with the content. By registering and using the Better Landlords’ forum, you agree to comply fully with the forum rules and these terms and conditions of use and not to post or encourage others to post any of the following: defamatory, discriminatory, libelous, illegal, racist, threatening, harassing, abusive, hate speech, obscene or objectionable material, rumors, unsubstantiated facts or hype either from or based on your own original sources, third party sources or from previously published material, unauthorized advertising or marketing material or spam infringement of another’s privacy, confidentiality or intellectual property rights, flooding the discussion forum, chain letters, computer viruses or any form of malicious software code, pyramid schemes or any other material or activity which may cause problems to us or to other users of the website or forum. Treat others with kindness and respect, be polite and considerate of other community members. We love a healthy debate, but kindness is a requirement.

No promotions or spam. Posts and comments containing spam, self-promotion or advertisements will be deleted and may lead to member being removed from the forum by our moderators. You may request or provide recommendations for service providers in your area or request or offer suggestions for tools and resources to help with rental management and promote resources and articles related to rental management and REI Hub. You may not promote other landlord software ot attempt to recruit members for your own business. Keep conversations focused on real estate. Posts and comments should focus on landlord issues, strategies of rental management, real estate investment and the like.

By submitting any contribution, you grant TurboTenant, Inc., a perpetual royalty-free right and license to use, reproduce, modify, adapt, publish, distribute and exercise all copyright. If you do not wish to grant these rights, please do not submit your contribution.

We will, using all reasonable discretion, remove without notice, alter or block information you post on the forum for legal, presentation reasons, or when the information is out of date, libelous, infringes on copyright, or offensive or in any way breaks the forum rules. When removing posts from Better Landlord Forum, these may still appear on a Google search as they are stored for some time in the Google cache. In this event, it is your responsibility as a poster to contact Google or other search engine administrators if you want to have them remove the offending content more quickly.

TurboTenant does not accept liability for the material posted. Please see Terms of Use paragraphs 25 and 26 below. You also warrant that any material posted by you is your own original work and does not infringe any copyright or intellectual property rights

You agree to indemnify TurboTenant against all legal fees, damages and other costs and expenses that may be incurred as a result of your breach of any of the terms of this notice.

For technical assistance, please contact [email protected].

17. Legal Information and Forms

The Website may provide you with general legal information and access to certain self-help, “fill in the blank” forms (the “forms“), including leases and other legally binding documents. All such information and forms are provided as-is and without any warranties, express or implied. In providing such information and forms you agree that we are not providing you with legal advice and we are not engaged in the practice of law. You understand that the information and forms may not be tailored to your specific needs and are not a substitute for legal advice from qualified counsel. Without limiting the foregoing, you acknowledge that the information and forms made available through the Website may not reflect recent developments in the law, may not be complete, and may not be accurate in or applicable to your jurisdiction. Because such information and forms are general in nature and may not pertain to your specific circumstances, you should not act or refrain from acting based solely on any such information or forms or without first obtaining advice from professional counsel qualified in the applicable subject matter and jurisdiction. You are advised to always verify the appropriateness of any form in light of your state and local laws, court decisions, and statutory changes, and to consult with your own legal counsel for advice and to ensure that the forms are properly used. If you have any questions about how to fill out or use any forms, it is important that you consult with your legal counsel. No user shall have any claim against us or any other party in connection with such user’s use of the forms. Users use the forms at their own risk and shall hold us harmless with respect thereto. Any disputes arising out of or related to any forms are solely between the parties that used such forms and must be resolved outside of the Website.

The forms are owned by us or our third-party vendors and are protected by copyright law. If you purchase any forms from us you are purchasing, and we grant to you, a limited, personal, non-exclusive, non-transferable license to use the form for your own personal internal business use. Except as otherwise provided and to the extent permitted under applicable law, you acknowledge and agree that you have no right to modify edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit the forms in any manner, except for modifications in filling out the forms for your authorized use. You shall not remove any copyright notice from any form, and you may not sell, license, or redistribute the forms or any derivation thereof.

18. Fees

Certain features and functionality of the Website are made available to you at no charge and others are made available for a one-time fee, on a subscription basis, or under any other lawful pricing structure. In all instances, you are purchasing a license to access and use such features and functionality, and nothing is being sold to you. In addition, the license to use such features and functionality may not transfer across operating systems and/or different equipment (e.g., mobile devices, computers, etc.). We reserve the right at any time to change and/or increase the fees for access to portions of the Website, its features or functionality. All fees are earned by us as consideration for services performed when charged and are non-refundable.

Subscribing to the Premium Plan Services, or any other services or payments, only provides a user access to the services paid for or subscribed to, and does not alter any other obligations, requirements, or payments owed by you or any other services provided by TurboTenant, including, for example, the requirement to use the TurboTenant application process for properties that use TurboTenant rental advertising and marketing services. Violation of any such requirements is a breach of these Terms of Use for which TurboTenant may, among any other rights conferred to TurboTenant hereby, terminate or suspend your access to all or part of the Website and any services.

19. Intellectual Property Rights

The Website and all of its content, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Except as expressly authorized in the Terms, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own record keeping and not for further reproduction, publication, or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
To the extent we provide social media features including, but not exclusively, links with Facebook, Twitter, YouTube, or LinkedIn, you may take such actions as are enabled by such features consistent with their terms of use.

You must not:

Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
Copy any substantial portions of information or materials from the Website.
Distribute, resell, or publish any information or materials from the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: [email protected].

No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by the Terms is a breach of the Terms and may violate copyright, trademark, and other laws.

20. Trademarks

The TurboTenant name, the term “TurboTenant”, the TurboTenant logo, and all related names, logos, product and service names, designs and slogans are trademarks of TurboTenant or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

21. Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting written notification to our Copyright Agent. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices is:

We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

23. Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the content of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party website linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites, including the privacy policies of such websites.

24. Monitoring and Enforcement

We may monitor and enforce users’ compliance with the Terms, and in connection therewith we have the right to:

Validate your identity, directly or through third parties. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying your information against third party databases or through other sources.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Remove or refuse to post any User Content for any or no reason at our sole discretion.
Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users or the public, or could create liability for us.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE ANY CLAIMS AGAINST THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS, LOSSES OR LIABILITIES RESULTING FROM ANY ACTION TAKEN IN CONNECTION WITH ANY SUCH INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR ANY OTHER PARTIES, INCLUDING BUT NOT LIMITED TO LAW ENFORCEMENT AUTHORITIES.

We may, but we are not required to, review material before it is posted on or submitted to the Website. However, we cannot ensure prompt removal of objectionable material after it has been posted or submitted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no duty or responsibility to monitor any User Content and shall have no liability for failure to monitor User Content.

25. Geographic Restrictions

We are based in the state of Colorado in the United States. We provide the Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

26. Disclaimer of Warranties

YOUR USE OF THE WEBSITE, INCLUDING ANY FEATURES, FUNCTIONALITY, SERVICES AND/OR CONTENT MADE AVAILABLE BY OR THROUGH THE WEBSITE, IS AT YOUR SOLE RISK AND THAT WE PROVIDE THE SAME (INCLUDING ANY SOFTWARE) ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE OR ANY FEATURES, FUNCTIONALITY, SERVICES AND/OR CONTENT MADE AVAILABLE BY OR THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF OUR WEBSITE, INCLUDING ANY FEATURES, FUNCTIONALITY, SERVICES AND/OR CONTENT MADE AVAILABLE BY OR THROUGH THE WEBSITE; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED OR ACCESSED THROUGH OUR WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE, INCLUDING ANY FEATURES, FUNCTIONALITY, SERVICES AND/OR CONTENT MADE AVAILABLE BY OR THROUGH THE WEBSITE, WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE WEBSITE, INCLUDING ANY FEATURES, FUNCTIONALITY, SERVICES AND/OR CONTENT MADE AVAILABLE BY OR THROUGH THE WEBSITE (INCLUDING SOFTWARE) WILL BE CORRECTED.

27. Limitation of Liability

IN NO EVENT WILL WE OR ANY OF OUR affiliates, licensors, VENDORS, OR service providers, OR ANY OF OURS OR their respective officers, directors, employees, contractors, agents, licensors, suppliers, OR successors and assigns (collectively, the “INDEMNIFIED Parties”) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF ALL INDEMNIFIED PARTIES EXCEED THE LESSER OF THE TOTAL PAYMENTS RECEIVED BY US FROM YOU DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

28. Indemnification

You agree to defend, indemnify and hold harmless the Indemnified Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) brought by, made against, or suffered or incurred by any Indemnified Party and arising out of or relating to your violation of the Terms or your use of the Website, including, but not limited to, any User Content you provide, your use of or reliance on the Website or any features, functionality or content thereof.

29. Governing Law and Jurisdiction.

The Terms are governed by and shall be construed in accordance with the laws of the State of Colorado without regard to its conflict of laws rules. Subject to Section 29, any legal proceedings against us that may arise out of, relate to, or be in any way connected with the Website or the Terms shall be brought exclusively in the state or federal courts located in the City and County of Denver, Colorado, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

30. Dispute Resolution

We and you each agree to first attempt to contact each other with respect to any disputes and provide a written description of the problem, all relevant documents/information,. and the proposed resolution. You agree to contact us with disputes by emailing us at [email protected] and we will attempt to contact you based on the contact information you have provided us.

If after 30 days you and we are unable to resolve any such dispute, then the dispute may only be submitted to arbitration consistent with this section. You understand that, absent this provision, you would have had a right or opportunity to litigate such dispute in a court and to have a judge or jury decide the case.

As such, any dispute between you and any Indemnified Party (including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement) that is not resolved through negotiation, including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by JAMS under its rules and procedures in effect when the claim is filed. All arbitration claims shall be filed with the Denver JAMS Office. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ general website (www.jamsadr.com) or the Denver office website www.jamsdenver.com/ or by calling JAMS at 949-224-1810.

We and you are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.

Notwithstanding the foregoing, you and we agree that (a) if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue in court claims limited strictly to the collection of the past due debt and any interest or cost of collection permitted by law or the Agreement; (b) you or we may take any disputes over the validity of any party’s intellectual property rights to a court of competent jurisdiction; (c) any dispute related to or arising from allegations associated with fraudulent or unauthorized use, theft, or piracy of service may be brought in a court of competent jurisdiction; (d) either you or we may seek any interim or preliminary relief from a court of competent jurisdiction, necessary to protect our rights or property pending the completion of arbitration and (e) matters within the jurisdiction of an applicable small claims court may also be brought in that court in lieu of arbitration.

Further, as set forth below, we each agree that any arbitration will be solely between you and the Indemnified Party, not as part of a class claim (i.e., not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate does not apply and the class-wide dispute must be brought in court.

31. NO CLASS ACTIONS

TO THE EXTENT ALLOWED BY LAW, YOU AND WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASS-WIDE BASIS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR TO ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

32. NO TRIAL BY JURY

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

33. Fair Housing Act

IF YOU ARE A LANDLORD OR ARE OTHERWISE SUBJECT TO THE FAIR HOUSING ACT, YOU ARE EXCLUSIVELY RESPONSIBLE FOR ADHERING TO THE FAIR HOUSING ACT (see https://www.justice.gov/crt/fair-housing-act-1) AS WELL AS ANY STATE OR LOCAL LAWS. WE ENCOURAGE YOU TO SEEK LEGAL COUNSEL REGARDING COMPLIANCE WITH SUCH LAWS. UNDER NO CIRCUMSTANCES SHALL WE PROVIDE GUIDANCE REGARDING COMPLIANCE OR OTHERWISE ASSUME LIABILITY FOR FAIR HOUSING ACT OR OTHER HOUSING LEGAL COMPLIANCE.

34. Financial Partners

TurboTenant partners with financial services, insurance, and other companies to assist in providing its tenant screening, rent payment, and other services. A list of our partners is provided below. TurboTenant strives to keep this list up to date, but may from time to time partner with additional companies not reflected on the list. In connection with these partnerships, TurboTenant may receive payment if you apply for and receive one of our partner’s products or services.

SURE
Sofi
TaxAct
Steadily
Law Depot
AppSumo
TransUnion

35. Miscellaneous

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Except where specifically stated otherwise, if any part of the Terms is unlawful or unenforceable for any reason, you and we both agree that only that part of the Terms shall be stricken and that the remaining provisions in the Terms shall not be affected. So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining provisions of the Terms shall remain in force.

The Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between us with respect to such subject matter.

You may not assign the Terms or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign the Terms and any rights or delegate any obligations hereunder without your consent and without notice.

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