THESE RentCafe REPUTATION MANAGEMENT PLATFORM TERMS AND CONDITIONS (“Reputation Management Platform TERMS”) ARE HEREBY INCORPORATED INTO YOUR RentCafe PROPERTY OWNERS AND MANAGERS AGREEMENT (COLLECTIVELY, WITH THESE REPUTATION MANAGEMENT TERMS, THE “AGREEMENT”). BY CLICKING THE “I ACCEPT” BUTTON DISPLAYED ON THE CORRESPONDING RentCafe SCREENS OR PAGE(S) AS PART OF THE RentCafe REPUTATION MANAGEMENT PLATFORM ORDERING PROCESS OR SIGNING A RentCafe REPUTATION MANAGEMENT PLATFORM ORDER CONFIRMATION, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS GOVERNING YOUR USE OF YARDI’S RentCafe REPUTATION MANAGEMENT PLATFORM. IF YOU ARE AGREEING TO THESE REPUTATION MANAGEMENT TERMS ON BEHALF OF A PROPERTY OWNER OR MANAGER (A YARDI “CLIENT” AS FURTHER DESCRIBED IN THE AGREEMENT), YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH CLIENT TO THESE REPUTATION MANAGEMENT TERMS. AS USED IN THESE REPUTATION MANAGEMENT TERMS, “YOU” OR “YOUR” SHALL REFER TO YOU, INDIVIDUALLY, AND SUCH CLIENT. IF YOU DO NOT HAVE SUCH AUTHORITY TO BIND THE YARDI CLIENT (PROPERTY OWNER OR MANAGER), OR IF YOU DO NOT AGREE WITH THESE REPUTATION MANAGEMENT TERMS, YOU MUST NOT SELECT THE “I ACCEPT” BUTTON AND MUST NOT SIGN THE ORDER CONFIRMATION, AND YOU MAY NOT USE THE PLATFORM.
YOU AGREE THERE ARE NO WARRANTIES ABOUT THE EFFECTIVENESS OF YARDI’S RentCafe REPUTATION MANAGEMENT PLATFORM AND THEIR RELIABILITY, AVALIABILITY, OR THE ABILITY TO MEET CLIENT’S NEEDS OR EXPECTATIONS. CLIENT EXPRESSLY ACKNOWLEDGES AND AGREES THAT YARDI IS PROVIDING YARDI’S RentCafe REPUTATION MANAGEMENT PLATFORM “AS IS.”
1. YARDI REPUTATION MANAGEMENT PLATFORM FEES
YOUR USE OF YARDI’S RentCafe REPUTATION MANAGEMENT PLATFORM WILL INCUR FEES. WITHOUT PROPER AUTHORIZATION FROM THE YARDI CL IENT (PROPERTY OWNER OR MANAGER), YOU WILL BE PERSONALLY LIABLE FOR SUCH FEES. You and your property administrator (or other authorized client point of contact) are responsible for approving all REPUTATION MANAGEMENT Platform Fees arising out of your use of the REPUTATION MANAGEMENT Platform. In the event you are not authorized to bind the Yardi client (property owner or manager) to these REPUTATION MANAGEMENT Platform Terms (including, but not limited to, the obligation to pay Yardi for the fees you incur using the REPUTATION MANAGEMENT Platform), you expressly acknowledge and agree that you shall be personally liable to Yardi for such REPUTATION MANAGEMENT Platform Fees and any other amounts owed to Yardi arising out of your use of the REPUTATION MANAGEMENT Platform under these REPUTATION MANAGEMENT Terms.
Client shall pay Yardi all REPUTATION MANAGEMENT Platform fees set forth on, and in accordance with, the applicable RentCafe screens or page(s) corresponding to your use of REPUTATION MANAGEMENT Platform. Except as otherwise posted on the applicable RentCafe REPUTATION MANAGEMENT Platform screens or page(s), Client agrees to pay Yardi’s then-current monthly service fee and any other applicable fees for such Yardi REPUTATION MANAGEMENT Platform within 15 days of monthly invoicing. Client acknowledges and agrees, upon Client’s failure to timely pay any Yardi invoice for Yardi REPUTATION MANAGEMENT Platform, Yardi will assess a late payment Fee equal to the lesser of: (i) 1.5% of Client’s balance from the original balance due date until the balance is paid in full; or (ii) the maximum rate allowed by applicable law as applied to Client’s balance from the original balance due date until the balance is paid in full. Client shall additionally be liable for all costs incurred by Yardi to collect Fees for Yardi REPUTATION MANAGEMENT Platform. Yardi reserves the right to suspend Yardi’s REPUTATION MANAGEMENT Platform resulting from Client’s failure to pay invoices in a timely manner.
You understand that Yardi is required to review your property location data before the corresponding Reputation Management platform will be active, or changes to it, can begin or take effect. You expressly acknowledge and agree that Yardi requires a commercially reasonable amount of time to complete any such review and any fee reduction that results from changes or submissions will not take effect until, at least, the next billing period, and no partial refunds will be given. Yardi reserves the right to modify its fees and charges and to introduce new charges at any time, upon posting on the applicable RentCafe screens or page(s).
All pricing terms are the Confidential Information of Yardi, and you agree not to disclose them to any third party.
2. YOUR RESPONSIBILITIES
You are solely responsible for all text, logos and images (such content, “Information” or “Material,” as further defined in the Agreement), as well as the accuracy of property specific information provided for use as part of the Reputation Management Platform. You hereby represent, warrant and covenant to Yardi and its third party suppliers that (i) any Information and Materials you provide is and shall be accurate, complete and current, (ii) you have all necessary rights and are fully authorized to publish the Information and Materials and create or have created website content,, and (iii) all Information and Materials complies with the requirements set forth by Google, Microsoft and Facebook on their respective websites including the trademark policies, editorial guidelines and creative limitations posted therein, and including such other websites and programs as may be included in the Service from time to time. You hereby authorize Yardi to allow such Information and Materials to be published throughout such network and any other distribution outlets as deemed appropriate to the Reputation Management feature/tool. Further, you acknowledge and agree that Microsoft, Google, Facebook and/or any other search engine or review platform may make updates to their platforms that could affect the efficacy of the service, and that these changes do not alter your consent to the service (iii)
Yardi does not own any Information and Materials or advertisements provided by you hereunder, provided that you hereby grant Yardi a worldwide, royalty-free, non-exclusive right to use, reproduce, create derivative works of, distribute, perform, transmit and publish your Information and Materials and advertisements for the sole purpose of providing you with the Service. You are solely responsible for all URLs required or used by you in connection with the Service. Any URL that includes or incorporates any variation of the name Yardi (a “Yardi URL”) shall (i) be owned by Yardi, (ii) require the consent of Yardi prior to your use, and (iii) only be used by you during the Term of the Agreement. For the avoidance of doubt, you are solely responsible for all Information and Materials provided or published by you in connection with the Service under any URL (including any Yardi URL).
Permitted Use. Client is solely responsible for account creation, connection to the Reputation Management platform, monitoring reviews, and any, and all, response creation or posting through RentCafe’s Reputation Management platform. Yardi does not monitor, respond, or reject reviews available through the Reputation Management platform.
Yardi does not allow its Reputation Management Platform to be used in connection with any illegal activities or activities that it reasonably deems improper in its sole discretion. Yardi reserves the right to take preventative or corrective actions to protect Yardi and its users if it determines its Reputation Management Platform are being used for improper purposes. Client’s use of the Reputation Management Platform is conditioned on Client’s compliance with the rules of conduct set forth in this Section. Any failure to comply may result in termination of Client’s Engagement and the Reputation Management Platform. While using the Reputation Management Platform, Client are not to: (a) impersonate any person or entity, falsely state or otherwise misrepresent Client’s affiliation with any person or entity, or use or provide any fraudulent, misleading or inaccurate information; (b) defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (c) access or use (or attempt to access or use) another user’s account without permission; (d) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any aspect or portion of the Services; (e) “frame” or “mirror” any aspect or portion of the Services; or (f) harvest or collect information about or from other users of the Reputation Management Platform. Subject to the limited rights to use the Reputation Management Platform pursuant to this Agreement, Yardi retains all rights, title and interest in and to the Reputation Management Platform, including all related intellectual property contained therein.
3. USER CONTENT AND DATA
Yardi does not own any reviews or location data, information, performance data, or material that you submit in the course of using the Reputation Management Platform (collectively, such content or data “User Content,” as further described in the Agreement). You hereby grant Yardi a worldwide, royalty-free, non-exclusive right to use, reproduce, create derivative works of, distribute, perform, transmit and publish your User Content for the sole purposes of (i) processing your User Content in connection with providing the Reputation Management Platform to you, and (ii) storing or hosting the User Content in a remote database or on RentCafe for access by you or your Client entity’s other authorized users. Your User Content is accessible only to you and persons authorized by your Client entity; data is NOT shared with other Yardi customers, or with any other third party; provided that Yardi reserves the right to use your User Content in order to compile, analyze and disclose to third parties aggregated metrics, data and trends related to the use of its offerings as long as such metrics, data and trends do not contain uniquely identifiable User Content. You, not Yardi, shall have sole responsibility for the accuracy, quality, integrity, legality, appropriateness, and intellectual property ownership or right to use all User Content, and Yardi shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any User Content. Use of the Reputation Management Platform is subject to existing laws and legal processes. Nothing contained in this Agreement will limit Yardi’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Reputation Management Platform, which may include disclosing your User Content to the applicable authorities.
4. LIMITATION OF LIABILITY AND INDEMNIFICATION
IN NO EVENT SHALL YARDI’S AGGREGATE LIABILITY ARISING OUT OF THE REPUTATION MANAGEMENT PLATFORM EXCEED THE GREATER OF (I) AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU TO YARDI IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, OR (II) $2,500.00. You shall indemnify and hold Yardi, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) a claim alleging that use of the User Content or the Information and Materials infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties in this Agreement; (iii) a claim arising from the breach by you of this Agreement; or (iv) any use or alleged use of your RentCafe account(s) or your passwords by any person, whether or not authorized by you, provided in any such case that Yardi (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release Yardi of all liability and such settlement does not affect Yardi’s business or Service); (c) provides to you all reasonably available information and assistance; and (d) has not compromised or settled such claim.
Internet Delays. The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications that are outside the Yardi’s control. Yardi is not responsible for any delays, delivery failures or other damages resulting from such problems. Yardi does not guarantee the Reputation Management Services or Platform will be operable at all times or during any down time (1) caused by outages to any public Internet backbones, networks or servers, (2) caused by any failures of Client’s equipment, systems or local access services, or (3) for previously scheduled maintenance.
Last Updated: July 8, 2019