Version: January 29, 2024brz/p
Welcome to Yardi® RentCafe Lease Documents (“RCLD”), brought to you by Yardi Systems, Inc. (“Yardi”). RCLD is a powerful online leasing document solution offering a range of updated industry standard leases and addenda (the “Documents”) designed to fit a wide range of leasing scenarios.
1. As a licensee of Yardi’s property management software and RentCafe (the “Software”), by signing up for and using RCLD, you or your business, and anyone who is permitted to access and use RCLD on your behalf (“you”, “your”, or “Client”) accept and agree to be bound by the latest version of these terms (posted at https://resources.yardi.com/legal/breeze/rcld-tou/, and on the Legal Resources helpdesk), which will be updated from time to time (the “RCLD Terms of Use” or “RCLD TOU”).
2. RCLD is not a substitute for hiring your own attorney with lease expertise in the area where your properties are located. The decision on whether to use RCLD and the Documents, and whether the Documents are legally sufficient and complete for your intended use, is solely your responsibility. You are solely responsible for the Documents, whether you modify them or use them as-is, including completing text fields that are merged into the Documents. You may also upload your own custom documents to RCLD. Yardi does not review, monitor, maintain, assess, or ascertain the legality or appropriateness of such custom documents, and it is your sole responsibility to ensure the legal sufficiency and legality of any custom documents.
3. Please understand that Yardi is not a law firm, Yardi’s employees are not acting as your attorney, Yardi cannot give legal advice, you may not rely on any aspect of RCLD as legal advice (including the Legal Resources helpdesk), and that your use of RCLD does not create an attorney-client relationship with Yardi or anyone.
4. Yardi will make periodic changes to the Documents, which can occur at any time, with or without notice. Yardi provides RCLD “as-is” without any express or implied warranty of any kind, including warranties of merchantability, legal effect or sufficiency, accuracy of the Documents, their translation into any language, or their appropriateness, completeness, non‑infringement, or fitness for a particular purpose. While Yardi will make a reasonable effort to be helpful and responsive to you, no advice, information, or answers to any questions obtained by you from Yardi, whether oral, written, or otherwise, shall create any warranty not expressly stated in these RCLD TOU.
5. RCLD Documents and supporting documentation may contain hyperlinks or references to other resources and businesses. These hyperlinks or references are not intended to state or imply that Yardi is a sponsor of, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the hyperlinks or references.
6. RCLD Documents are protected under both United States and foreign copyright, trademark, and other laws. You agree that you will use the Documents only for your sole and exclusive use and will not sell, redistribute, publish, or otherwise make them available for use by others without Yardi’s written consent. Some Documents are public domain documents that may be available from other sources. Yardi does not make a claim of ownership to public domain or government documents in the public domain.
7. Yardi respects the intellectual property of others, and we ask you to do the same. Yardi has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). You represent and warrant that you have all necessary rights, title, and interest in and to all custom documents and/or content that you provide for, or upload to any Yardi-hosted site, including RCLD. You acknowledge and agree that if a third party believes their copyright has been infringed by your custom documents and/or content, Yardi reserves the right to remove any material in accordance with Yardi’s DMCA procedures. You also agree to defend, indemnify, and hold Yardi harmless from and against any third‑party claims, actions or demands alleging that Yardi’s use, reproduction, distribution, modification, and/or display of your custom documents infringes on a third party’s proprietary information, trademark, copyright, patent rights or intellectual property rights, or misappropriates a third party’s trade secrets. Your defense and indemnification obligations are conditioned upon the following: (a) Yardi providing you with prompt written notice of any claim for which indemnification is sought; (b) you having sole control of the defense and settlement of such claim, provided, however, that Yardi shall have the right to have any suit or proceeding monitored by counsel of Yardi’s choice and at its expense; and (c) Yardi’s reasonable cooperation with you in the defense and settlement of the claim.
8. The terms of these RCLD TOU and all other applicable to the Software are not to be construed to be in conflict with each other but rather as terms that are duplicative, confirming, additional, or cumulative. If the interpretation of these RCLD TOU and the terms of your Software agreements are in ultimate conflict, these RCLD TOU shall apply to your use of the RCLD, and the terms of your Software agreement shall apply to your use of the Software.