Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” means these Terms of Service;
“Rent Honcho,” depending on the context of the use of the phrase, may refer to one or a combination of our Limited Liability Company, known as “Rent Honcho, LLC,” our Site, located at www.renthoncho.com, or our Service known as “Rent Honcho” located at our Site;
“Service” refers to the services that we provide through our Site, including but not limited to our rental property management SaaS program;
“Site” refers to our website, www.renthoncho.com;
“User” refers to you, other customers, and general visitors to RentHoncho.com;
“You” refers to you, the person who is entering into this Agreement with Rent Honcho, LLC.
3. Corporate Information
Rent Honcho, LLC
P.O. Box 5731
Frisco, Texas 75035
In order to use our Service, you must meet a number of conditions, including but not limited to:
- You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, Rent Honcho, LLC, and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.
- You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years age, which is the minimum age of contractual capacity in the State of Texas.
- You must, if signing up on behalf of an organization, be authorized by that organization to bind your organization to any contracts with Rent Honcho, LLC, and you agree that you are jointly and severally liable with that organization for the performance of this Agreement.
- If signing up on behalf of an individual, you must hold power of attorney over that individual, and you agree that you are jointly and severally liable with that individual for the performance of this Agreement.
- You must provide us and/or our payment processor with personal information, payment information, and other information that we deem necessary to provide you with our Service, including but not limited to your name, e-mail address, mailing address, and credit card information.
- Any properties managed by you must meet all safety and other legal requirements in your jurisdiction.
- You must properly report all income generated from your rental properties as required to the Internal Revenue Service and any other governmental entity that may require it. You acknowledge that Rent Honcho, LLC is not required to conduct your recordkeeping for you or to report any income information to the tax authorities.
5. Nature of Service
Rent Honcho provides a rental property program online in a Software as a Service (“SaaS”) format. Although we believe our Service is useful for the purpose of managing properties, it is up to individual managers to determine whether our Service is right for them. Additionally, though our Service may include the ability to track financial transactions, such as invoice tools, monetary calculations, and so on, nothing that we provide should be construed as a replacement for a qualified accountant, auditor, tax lawyer, or other relevant professional. Therefore, you hereby agree that Rent Honcho is provided without any representations as to its usefulness for your particular situation, and you hereby release us from any liability related to the use of our Service, including but not limited to any financial loss, regulatory or legal issues, or any other issues that you may encounter.
6. Rules of Use
In addition to the abovementioned general eligibility rules, we also have additional rules governing the use of our Service to ensure that other Users have a good experience, the general public is protected, the law is followed, and Rent Honcho, LLC’s reputation is preserved. The following rules apply to anyone who uses our Site or Service. You must not:
- Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
- Use our Service for fraud or other unlawful activity, whether or not it constitutes criminal fraud or is simply a civil matter.
- Infringe on anyone’s intellectual property rights (such as by uploading information created by another person without their authorization), defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
- Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Rent Honcho Site, Service, or its Users’ computers.
- Reverse engineer or otherwise duplicate Rent Honcho.
- Otherwise act in a manner which, at Rent Honcho’s sole discretion, is objectionable.
7. Limited License
When subscribing to the Rent Honcho Service, you are being provided a limited license to use our SaaS program. You are permitted to use our Service during the period of your subscription term for yourself or your organization only, subject to all of the rules and other provisions in this Agreement. You have no right to resell our Service or use it to manage properties owned by other parties. All Users must purchase their Services from Rent Honcho directly.
8. Server Maintenance and Other Downtime
Without limiting the generality of any other limitations on liability in this Agreement, or any other legal defenses that we have, we hereby inform you that we or a third party may make Rent Honcho may be unavailable for all or some of the following reasons, with or without advance notice:
- Host changes.
- Attacks or other interference by third parties.
Where downtime is planned, we will attempt to inform Users ahead of time, though we are in no way obligated to do so. You agree that we are not liable for any losses incurred as a result of our failure to inform you of such downtime, even if we are aware it will occur.
9. Software Compatibility
Rent Honcho is intended to be used by as many Users as possible and with an efficient use of system resources. However, we cannot make any statements as to our software compatibility with your computer system. We will, however, provide a refund to you within three business days of your subscription to our Service if you cannot use our Service for reasons of incompatibility. Prior to submitting such a refund request, we recommend attempting to use different browsers to use our software to determine whether the problem can be addressed in that way.
10. Housing Discrimination
You agree that you will not discriminate against anyone unlawfully when promoting your rental property. For example, in the State of Texas, the Texas Fair Housing Act prohibits many kinds of discrimination against individuals when offering property for rent. Complaints about discrimination can be submitted to the Texas Workforce Commission Civil Rights Division, whose phone number is 1-888-452-4778.
You may also be entitled to file federal complaints, regardless of your location, with the United States Department of Housing and Urban Development (“HUD”). A full list of HUD complaint contact information can be found at http://portal.hud.gov/hudportal/HUD?src=/topics/housing_discrimination.
Note that Rent Honcho, LLC is not the owner of any properties managed using its Service and no complaints against our Users should name our company as a defendant, respondent, or otherwise responsible party, as we do not condone any unlawful discrimination or other unlawful acts using our Service. If you provide us with sufficient information to establish that our Service is being used unlawfully in a manner which could make us liable if we fail to stop it, or if you provide an adverse finding against one of our Users by any government authority indicating that they are committing unlawful acts using our Service and we find that such acts are ongoing or may occur again in the future, we will terminate the provision of our Service to that User.
11. Text Messages
Rent Honcho may, but is not obligated to, feature a text message alert system that sends messages to Users regarding tasks featured in the Rent Honcho Service. You agree that we are not responsible for any erroneous or unsent messages. You further agree that you shall be solely responsible for any text message or other fees incurred by either your or Rent Honcho, unless otherwise stated, and that any additional fees for this Service, if applicable, shall be assessed according to terms of payment that shall be provided to you by Rent Honcho directly or through its Site in advance of the provision of this Service.
Rent Honcho is available on a monthly or annual subscription basis. Full details of payment prices and terms are posted on our Site. Where payment terms conflict with this Agreement, or with one or more parts of our Site, or with any other communication made to you, the most advantageous term for Rent Honcho, LLC will take effect, unless we waive such right.
Payments will be handled by a third party payment processor used by Rent Honcho. We may require that you submit your information to them, or we may pass your information to them, or we may do a combination of both. Once you subscribe to our Service, you acknowledge that your payment method will continue to be billed at regular intervals, according to the schedule and prices posted on our Site, until you request that we cancel such billing. Upon cancellation, we will continue to provide our Service until the subscription that you have already paid for has expired.
Regardless of whether your payment method is declined or you cancel your subscription, we reserve the right to delete all of your information and suspend your account no earlier than five business days after payment has failed to be remitted to us.
Rent Honcho may, but is not obligated to, provide discounts or other promotions to Users. The promotions provided will be made according to the information published on our Site, and if any information is conflicting, the terms most beneficial to Rent Honcho, LLC shall take effect.
Rent Honcho, LLC may refuse to provide such discounts for any reason including, but not limited to, fraud, mistake on the part of our publication of information, actual or expected financial hardship, sale of all or part of our business, or any other reason.
14. Chargebacks, Credit Card Cancellations, Etc.
Any payments made to Rent Honcho may not be retracted by means of chargeback or other reversal of payment, no matter what the reason. You agree that you will resolve any disputes with Rent Honcho using our “Forum of Dispute” provisions, and that if you should conduct a chargeback, we may take appropriate action including referring the matter to a court of competent jurisdiction and/or collections agency and, if the chargeback is fraudulent, to a relevant law enforcement agency. The only exception to this rule is for individuals who have not agreed to this Agreement, and instead have had their card used without authorization, in which case they of course have a right to conduct a chargeback.
Credit card cancellations resulting in non-payment will result in the suspension of a User’s account. Additionally, any failure to remit payment to Rent Honcho by a payment processor is solely the responsibility of the User to resolve with the payment processor. We cannot provide our Service until it has been determined that your payment has been made to us. In such cases of non-notification of payment, we recommend that you contact the payment processor and, although we are not bound in any way to assist, that you provide us with the transaction number so that we may, at our discretion, attempt to assist in resolving the issue.
15. Our Copyright
Rent Honcho is proprietary software and may only be used in accordance with the licensing provisions mentioned earlier. You agree not to copy, distribute, display, disseminate, reverse engineer, resell, or otherwise reproduce any of the information on the Site, including any marketing content or program design information, without receiving our prior written permission.
16. Your Copyright
Rent Honcho, LLC permits Users to upload content to our Site, such as property information, financial information, and other information relevant to rental property management. We must be assured that we have the right to use the content that is posted to its Site by its Users, because although we are legally protected by the Digital Millennium Copyright Act, complying with takedown notices is still costly and time-consuming for us. Therefore, whenever submitting content to our website, you agree that you are granting us a non-exclusive, universal right to use, distribute, store, publish, and otherwise make use of the content that you submit to us for the purpose of providing our Service to you and maintaining Rent Honcho. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.
“Rent Honcho” is a trademark used by us, Rent Honcho, LLC, to uniquely identify our Site, Service, and company. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own rental property business.
18. Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
19. Copyright & Trademark Infringement
Users must not upload any information that infringes on anyone’s copyright, but it may happen. We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent at:
Attn: Rent Honcho, LLC Copyright Agent
P.O. Box 5731
Frisco, Texas 75035
If sending the notification by e-mail, an electronic signature is acceptable.
Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.
20. Representations & Warranties
NOTWITHSTANDING ANY STATEMENTS MADE IN THIS AGREEMENT OR ELSEWHERE ON OUR SITE OR DIRECTLY TO YOU, WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, PROPERTY RENTAL DISCRIMINATION, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING THE PAYMENT PROCESSOR ITSELF, THE CREDIT CARD COMPANY, OR ANY OTHER INVOLVED PARTY, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS PRIOR TO REMITTING THEM TO US.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our website or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
22. Choice of Law
This Agreement, and any Contract between Users, shall be governed by the laws in force in the State of Texas. The offer and acceptance of this contract are deemed to have occurred in the State of Texas.
23. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement naming Rent Honcho, LLC, or any party acting on its behalf, as a defendant, will be heard solely by a court of competent jurisdiction in the State of Texas. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be head solely within an inferior court in any county known as the small claims court (“Small Claims Court”) in accordance with Tex. Gov’t Code Ann. § 28.001.
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.
If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court. At the time of drafting this Agreement, the monetary jurisdiction of the Small Claims Court is $10,000 (Tex. Gov’t Code Ann. § 28.003).
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
24. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Rent Honcho, LLC shall have the sole right to elect which provision remains in force.
Rent Honcho, LLC reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
27. Termination & Cancellation
We may terminate your account or access as well as access to our Site and Service to you at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for a subscription which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever. In other words, non-delivered services, which we do not anticipate will be delivered in the future within a reasonable period of time, will be refunded on a pro rata basis except where such non-delivery is your fault.
Under no circumstances, including termination or cancellation of our Service to you, will we be liable for paying any money to you in excess of the undelivered subscription amount, such as alleged damages as a result of non-delivery of our Service.
28. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate when it was last modified. If you do not agree to the changes, you must cease using our Site and Service immediately and inform us of your non-agreement with sufficient information to identify your account at email@example.com so that we may disable your account. We are not responsible for refunding any money to you as a result of our termination of your account if you fail to agree to an amended version of this Agreement.
30. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Rent Honcho must be addressed to our agent for notice and sent via certified mail to: Rent Honcho, LLC, P.O. Box 5731, Frisco, Texas, 75035, United States.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Modified: October 10, 2012