Version: July 5, 2024
IMPORTANT – PLEASE READ CAREFULLY. THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND YARDI SYSTEMS, INC. (“YARDI”). THIS AGREEMENT ALONG WITH ANY OTHER TERMS THAT MAY BE POSTED ON THE SITE WITH RESPECT TO RENTCAFE PRODUCTS AND SERVICES, AND ANY OTHER WRITTEN AGREEMENTS OR CONTRACTS BETWEEN YOU AND YARDI THAT INCORPORATE THESE TERMS BY REFERENCE, SET FORTH THE COMPLETE TERMS AND CONDITIONS UNDER WHICH YOU MAY ACCESS AND USE THE SITE AND THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SITE OR THE SERVICES.
These Terms of Service (these “Terms” or the “Agreement”) apply to persons or entities who access and utilize the Rewards by RentCafe program, the Rewards websites, the RentCafe websites, or related downloadable mobile applications or Yardi payment services (collectively, the “Site”), including without limitation renters and potential renters (collectively, with all persons or entities who access the Site, “Users”, “you” or “your”). For the avoidance of doubt, the “Site” shall include all information, data, text, software, photographs, images, graphics, organization, layout, design, and other content contained on the website.
Rewards by RentCafe is a platform that facilitates the program and delivery of rewards points (the “Services”). The Services are open to any legal residents of the 50 United States, the District of Columbia, and Puerto Rico, who are 18 years of age or older (except residents of Alabama and Nebraska who must be 19 years of age or older) at the time of participation. Rewards points are earned by: (1) paying your rent via credit card or debit card at a property managed or owned by a Yardi client and submitting such payments through Yardi’s payment services; or (2) purchasing a service offered by Yardi if available to you, such as renters insurance or utilities ((1) and (2), collectively, the “Points”). Points are redeemable on travel, experiences, gift cards, merchandise, live events and more (“Offers,” collectively “Program Offers”) through a collaboration with Augeo Affinity Marketing, Inc. (“Augeo”). Points may only be redeemed for a period of 2 years from the date such Points are earned, or such Points shall expire. If there is no activity on your Points profile for a period of 2 years, the Points in your profile shall expire. Points are not transferable or assignable and may not be sold to any other party.
1. YOUR ACCEPTANCE. Yardi is pleased to provide the Site and the Services conditioned upon your acceptance, and we hope that you will find the Site useful. BY USING THE SITE, YOU EXPRESSLY ACCEPT AND CONSENT TO THESE TERMS WITHOUT QUALIFICATION. YARDI MAY AMEND THESE TERMS FROM TIME TO TIME. SHOULD THESE TERMS BE MODIFIED IN ANY WAY, THE NEW TERMS WILL BE POSTED TO THIS WEBPAGE. BY USING THE SITE AFTER THE EFFECTIVE DATE OF ANY MODIFICATION TO THESE TERMS, YOU EXPRESSLY CONSENT, WITHOUT QUALIFICATION, TO THE MODIFIED TERMS.
2. MODIFICATIONS. Yardi may modify or update these Terms from time to time, in its sole discretion, and reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Site or any part thereof, or any or all of the Services, or any Site features, with or without notice and without liability to you. You agree that Yardi has no responsibility or liability for the failure of the Site and the deletion of other content maintained or transmitted by the Site. You further agree that Yardi shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. Notwithstanding the foregoing, if Yardi terminates the Services, you must use any Points within one hundred eighty (180) days of termination or such Points shall be forfeited. Modifications to these Terms will be posted on the relevant area of the Site and will be effective immediately upon posting. You can review the most current version of the Terms at any time by clicking on the “Terms of Service” link located on webpages throughout the Site. You agree to review the Terms from time to time to ensure you are updated as to any modifications. By continuing to use the Site or Services following any such modification, you accept and agree to be bound by such modifications. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE AND EXCLUSIVE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES.
3. PRIVACY POLICY AND YOUR INFORMATION AND MATERIAL. By submitting Information and Materials and in order for Yardi to provide you with the Services, you hereby consent to Yardi’s use and sharing of your Information and Materials as described in the applicable RentCafe Privacy Policy, which is incorporated into these Terms by this reference. The RentCafe Privacy Policy can be accessed by clicking on the “Privacy Policy” link located on webpages throughout the Site. In the event of a conflict between the applicable Privacy Policy and these Terms, the Privacy Policy shall take precedence. In addition, you hereby represent and warrant that your Information and Materials: (a) do not and will not, directly or indirectly, violate, infringe or breach any duty toward or rights of any person or entity, including without limitation any Fair Housing, copyright, trademark, service mark, trade secret, other intellectual property, publicity or privacy right; (b) are not fraudulent, misleading, hateful, tortious, defamatory, slanderous, libelous, abusive, violent, threatening, profane, vulgar or obscene; (c) do not harass others, promote bigotry, racism, hatred or harm against any individual or group, promote discrimination based on race, sex, religion, nationality, sexual orientation or age, or otherwise interfere with another party’s use of the Site or the Services; (d) do not promote illegal or harmful activities; and (e) are not illegal, unlawful or contrary to the international, national, federal, state, provincial, or local laws or regulations applicable to the User Materials where created, displayed or accessed.
4. YARDI’S RIGHTS. You acknowledge that Yardi has the right to investigate and prosecute violations of these Terms, including intellectual property, publicity and privacy rights infringement and Site security issues, to the fullest extent of the law. Yardi may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Yardi has no obligation to monitor your access to or use of the Site or the Services, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
5. YOUR ACCOUNT. In order to use certain features of the Site or the Services, you will have to utilize your existing account on the RentCafe platform (or if do not have an existing account on the RentCafe platform, you will have to create a password-protected account) (“Your Account”) and/or submit messages, texts, voice commands, images, photos, files, video, and other information, materials or documents (collectively, “Information and Materials”). You agree to: (a) provide true, accurate, current, and complete information; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. Yardi reserves the right to delete Your Account and refuse any and all current or future use of the Site (or any portion thereof) without notice if you are found to have misrepresented your age, identity, or any other information submitted in connection with Your Account or if Yardi has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current. You are responsible for maintaining the confidentiality of your password, your email address and Your Account, and are fully responsible for all activities that occur under your password and Your Account. You agree to: (i) immediately notify Yardi of any unauthorized use of your password or account, or any other breach of security, (ii) immediately change your password if you become aware that Your Account has been compromised, (iii) ensure that you fully exit from Your Account at the end of each session. You agree and acknowledge that you will not allow others to utilize Your Account and that you will not disclose your password to anyone. You will be solely responsible for safeguarding your password and also for any actions under your password and Your Account, whether authorized by you or not. If you lose control of your password, you may lose substantial control of your personal information and could potentially be subject to legally binding actions taken on your behalf. You further agree not to use anyone else’s password on the Site or attempt to gain access to the account of any other user. YARDI CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION. You may cancel Your Account at any time at which time all Points earned to the date of cancellation shall be deemed forfeited.
6. THIRD-PARTY LINKS, PRODUCTS AND SERVICES.
6.1 Third Party Websites and Services. The Site may contain links or voice accessibility to third-party websites or resources. Access to such third-party websites, services or resources are included solely for the convenience of Users, and do not constitute any endorsement or approval by Yardi of the third parties, anyone sponsoring these sites or their products or services, or the products or services or Program Offers themselves. We make no representations or warranties, express or implied, with respect to the information provided on the Site or any third-party website or service which may be accessed from the Site, including any representations or warranties as to accuracy or completeness, fitness for a particular purpose, non-infringement, course of dealing or course of performance. Because Yardi has no control over third-party websites, resources, products or services, you acknowledge and agree that Yardi is not responsible or liable for, and does not endorse, the availability, accuracy, completeness or authenticity of information available through such websites, resources, products or services (including but not limited to the Program Offers), your use or your exchange of any information with such websites or services, or the content, statements, representations, advertising, products, properties, services or other materials available on such third-party sites. You acknowledge and agree that Yardi shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, or services available on or through any such site or resource. If you decide to access any such third-party websites, products, resources or services, or to transact with any such third-party for their products, properties or services, you do so entirely at your own risk. By leaving the Site, you may be subject to the terms and conditions and the privacy policies or other terms and conditions of such third-party websites. You acknowledge and understand that Yardi does not own or manage any of the Program Offers for which Points may be redeemed.
6.2 Augeo. The Site utilizes services provided by Augeo. By participating in the Rewards by RentCafe program, and without limiting any other provision in these Terms, you are agreeing to be bound by the applicable Augeo Terms and Conditions of Use attached in Schedule A.
6.3 Brands. The Site utilizes services provided by third-party program participant brands (“Brands”). By participating in the Rewards by RentCafe program, and without limiting any other provision in these Terms, you are agreeing to be bound by the applicable Brands’ terms incorporated below.
(A) Amazon.com: Restrictions apply, see amazon.com/gc-legal.
(B) Starbucks: The Starbucks word mark and the Starbucks Logo are trademarks of Starbucks Corporation. Starbucks is also the owner of the Copyrights in the Starbucks Logo and the Starbucks Card designs. All rights reserved. Starbucks is not a participating partner or sponsor in this offer.
(C) Nike: The Swoosh design is a registered trademark of NIKE. All rights reserved. NIKE is not a participant in or sponsor of this promotion.
(D) Best Buy: For full Best Buy gift card Terms & Condition, visit BestBuy.com/gcterms. BEST BUY, the BEST BUY logo, the tag design, MY BEST BUY, and BESTBUY.COM are trademarks of Best Buy and its affiliated companies.
(E) Delta: This card is issued by and represents an obligation solely of Delta Gift Cards, Inc.
(F) Target: Target and the Bullseye Design are registered trademarks of Target Brands, Inc. Terms and conditions are applied to gift cards. Target is not a participating partner in or sponsor of this offer.
(G) Home Depot: © 2021 Home Depot Product Authority, LLC. All rights reserved. (H) Buffalo Wild Wings: Buffalo Wild Wings is not a sponsor of this promotion and is not otherwise affiliated with this company. Gift card Terms and Conditions apply; see back of card for details. TM & © 2022 Buffalo Wild Wings, Inc.
7. INDEMNITY. You agree to indemnify, defend and hold Yardi and its officers, directors, employees, shareholders, successors, agents, affiliates, subsidiaries and relevant third parties including advertisers, distribution partners, referral partners, service providers, licensors, licensees, consultants and contractors (collectively the “Yardi Indemnified Parties”) harmless from and against any claims, liabilities, losses, costs, damages or expenses including reasonable attorneys’ fees and costs, directly or indirectly, arising out of or in any way relating to: (a) your negligence or misconduct; (b) your information or material contributed to or submitted through the Site or the Services, including without limitation information associated with your rewards account; (c) your conduct, including your use of the Site and the Services; (d) your connection to the Site; (e) any violation or breach of these Terms; or (f) any violation or infringement of any intellectual property, privacy, publicity, confidentiality or proprietary rights of any third-party as a result of your use of the Site or Services (collectively, the “Claims”). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the Yardi Indemnified Parties. Yardi shall have the right, in its sole discretion, to select its own legal counsel to defend Yardi from any Claims (but by doing so shall not excuse your indemnity obligations) and you shall be solely responsible for the payment of all of Yardi’s reasonable attorneys’ fees incurred in connection therewith. You shall notify Yardi immediately if you become aware of any actual or potential claims, suits, actions, allegations or charges that could affect your or Yardi’s ability to fully perform their respective duties or to exercise its rights under these Terms. You shall not, without the prior written approval of Yardi, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for Yardi.
8. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE:
8.1 YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES AND ALL OTHER MATERIALS, INFORMATION, PRODUCTS, PROGRAM OFFERS, AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. WITH RESPECT TO THE SITE AND INFORMATION AND MATERIAL IN THE SITE, YARDI AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE.
8.2 YARDI AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTY: (A) REGARDING THE SECURITY, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS AND PERFORMANCE OF THE SITE OR THE SERVICES; (B) REGARDING THE SERVICES, ADVICE, INFORMATION OR LINKS OBTAINED THROUGH THE SITE; (C) THAT THE SITE OR THE SERVICES, OR ANY INFORMATION AND MATERIALS THEREIN, WILL MEET YOUR REQUIREMENTS; (D) THAT THE SITE OR THE SERVICES, OR ANY FUNCTIONS CONTAINED IN THE SITE, WILL BE ERROR-FREE, SECURE, TIMELY, OR UNINTERRUPTED; (E) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (F) THAT ANY ERRORS IN THE SITE OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED; OR (G) THAT THE SITE AND ITS CONTENTS AND SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
8.3 ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
8.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YARDI OR FROM YOUR USE OF THE SITE OR SERVICES, SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS OR WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY.
9.1 YARDI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, SUCCESSORS, AGENTS, AFFILIATES, SUBSIDIARIES AND RELEVANT THIRD PARTIES INCLUDING ADVERTISERS, DISTRIBUTION PARTNERS, REFERRAL PARTNERS, SERVICE PROVIDERS, LICENSORS, LICENSEES, CONSULTANTS AND CONTRACTORS (COLLECTIVELY THE “YARDI ENTITIES”) WILL NOT BE LIABLE FOR:
(A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA OR PROFITS, COST OF PROCURING SUBSTITUTE PRODUCTS OR BUSINESS INTERRUPTION), WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR ACCESS AND USE OF OR INABILITY TO ACCESS OR USE THE SITE AND/OR ANY RENTCAFE SERVICE, ANY MATERIALS AVAILABLE TO YOU FROM OR THROUGH THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THE YARDI PARTIES, OR ANY OF THEM, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
(B) THE CONTENTS OF ANY COMMUNICATION, MESSAGE, OR INFORMATION POSTED BY YOU OR OTHER THIRD PARTIES;
(C) THE CONTENT, SERVICES OR INFORMATION PROVIDED BY ANY WEBSITE PURPORTING TO BE OPERATED BY YARDI OR ITS AFFILIATES, BUT NOT ACTUALLY AFFILIATED WITH, CONTROLLED, OWNED, OR OPERATED BY YARDI;
(D) THE CONTENT OF ANY WEBSITE NOT CONTROLLED, OWNED, OR OPERATED BY YARDI THAT IS ACCESSED FROM OR LINKED TO THIS SITE; AND/OR
(E) ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.
9.2 You acknowledge that the limitations set forth above are an essential basis of the bargain and of the allocation of risks between the parties. Some states or jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue use of the Site and Services.
10. TERMINATION. You agree that Yardi, in our sole discretion and with or without notice, may terminate your use of the Site or any part thereof, or any or all of the Services, for any reason, including without limitation, for lack of use by you or if Yardi believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Yardi may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, or any or all of the Services with or without notice. You agree that any termination of your access to the Site under any provision of the Terms may be effected without prior notice, and acknowledge and agree that Yardi may immediately bar any further access to the Site. Further, you agree that Yardi shall not be liable to you or any third party for any termination of your access to the Site or the Services.
11. GENERAL.
11.1 Governing Law. For all legal proceedings arising out of use of the Site and/or relating to the Terms, these Terms and the relationship between you and Yardi shall, irrespective of any choice of laws rules, be governed by and construed in accordance with the laws of the State of California. You and Yardi hereby irrevocably and unconditionally submit to the jurisdiction of courts located in the County of Santa Barbara (California) or the court of competent jurisdiction closest thereto if no court of competent jurisdiction resides therein, and the parties consent to the personal jurisdiction of such courts and expressly waive any right they may otherwise have to cause any such action or proceeding to be brought or tried elsewhere. You and Yardi irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.
11.2 Assignment. You may not assign or transfer this Agreement, in whole or in part, without the prior written consent of Yardi, which may be granted or withheld by Yardi in its sole discretion. Any attempted assignment in violation of this Section will be null and void and of no force or effect. Yardi may assign this Agreement freely at any time without notice. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party’s permitted successors and assigns.
11.3 Waiver. The failure to exercise or enforce any right or provision shall not affect Yardi’s right to exercise or enforce such right or provision at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
11.4 Severability. If any portion of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and, notwithstanding such finding, the remaining provisions of these Terms shall remain in full force and effect.
11.5 Entire Agreement. These Terms, the terms incorporated herein, and any other terms agreed to in writing by the parties or by way of your use of the Site or the Services shall constitute the entire and exclusive understanding and agreement between you and Yardi regarding this subject matter, and shall supersede any and all prior or contemporaneous representations or understandings relating to this subject matter.
11.6 Time Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms or use of the Site must be filed within 1 year after such claim or cause of action arose or be forever barred.
SCHEDULE A – AUGEO TERMS AND CONDITIONS OF USE
The Rewards Marketplace program (the “Program”) is offered to enrollees (“you”) at the sole discretion of us, Augeo Affinity Marketing, Inc., and our affiliated and related entities and clients (“Program Manager”, “we” and/or “us”). Subject to these Terms and Conditions, the Program provides you access to Gift Cards and Merchandise, as well as Travel, Experiences and Live Events (“Offers”; collectively, “Program Offers.”). Wherever used throughout these terms and conditions, references to Program Manager shall apply to Augeo Affinity Marketing, Inc. and all of its affiliated and related entities, as well as their clients, subcontractors, vendors and suppliers.
Program Manager requires that all the visitors to our Website(s) (the “Site”) adhere to these Terms and Conditions. By accessing the Site you indicate your acknowledgment and acceptance of these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Site.
This Agreement may be amended at any time by posting the amended Terms and Conditions on the Site.
Email Consent
By participating in the Program, you agree to receipt of communications regarding the Program and/or fulfillment of certain offers, including, but not limited to, eGift cards, at the email address you have provided in connection with your membership.
1) Service Terms
a) Use of Site. You have a limited license to access and make purchases on this Site provided you do not modify, alter or download (other than page caching) any portion of it. The permission granted to you shall terminate automatically if you breach any of these Terms and Conditions. We reserve the right to modify or remove any materials or products listed on the Site at any time without notice.
b) Prohibited Use of Site. You shall not make any commercial use of this Site or its contents, product listings, descriptions, or prices. You further agree not to download or copy any account information for the benefit of any merchant or use any data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You agree not to interfere, disrupt or attempt to gain unauthorized access to other accounts that use this Site or any other computer network. You further agree not to disseminate, store or transmit viruses, Trojan horses or any other malicious code or program or engage in any other activity deemed by us to be in conflict with the spirit or intent of these Terms and Conditions.
c) Equipment. You shall be solely responsible for providing, maintaining and ensuring compatibility with the Site including all hardware, software, electrical and other physical requirements for your use of this Site, including, without limitation, telecommunications, internet access connections, web browsers or other equipment, programs and services required to access and use the Site.
2) Limitations
a) Security. You shall be solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use, purchases, or charges incurred from use of the Site with your password. If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
b) Privacy. Program Manager does not sell or rent your Personal Information (PI) to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. If you object to your information being transferred or used in this way, please do not use this Site.
c) Cookies. When you visit this Site, Program Manager may store some information on your computer. This information will be in the form of a “cookie” or similar file and can help us maintain and improve this Site. A “cookie” is a small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you. It functions as your identification card, recording such things as Internet addresses, passwords, and preferences. It cannot be executed as code or deliver viruses. With most Internet browsers, you can erase “cookies” from your computer hard drive, block all “cookies,” or receive a warning before a “cookie” is stored. Please refer to your browser instructions to learn more about these functions.
d) Accessibility. You agree that from time to time this Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs; or (iii) causes beyond our control or which are not reasonably foreseeable.
3) Ownership of Intellectual Property
a) Trademarks. Trademarks, service marks and logos (“Trademarks”) used and displayed on this Site are registered and unregistered Trademarks owned by Program Manager or others. Under no circumstances may you use or copy any of the Trademarks. Nothing herein should be construed as granting any license or right to use any Trademark displayed on this Site. You may not frame or utilize framing techniques to enclose any Trademarks, brand names, logos, or use any meta tags or any other “hidden text” utilizing Trademarks. Any unauthorized use terminates the permission or license granted.
b) Copyrighted Works. All content contained on this Site, including but not limited to images/video, photos, electronic art, animations, graphics, sounds/audio, information and data, communications programs, Internet links, electronic mail services, user interfaces, executable code, and data formatted, organized, and collected in a variety of forms, including layouts, pages, screens, directories, and databases, are owned by others. You agree that you will not copy, reproduce, modify, alter, create derivative works from, distribute, or publicly display any content (except for your personal non-commercial use) from the Site.
4) Rewards Marketplace Offers: (Your program may include some or all of the following offers, as well as others not necessarily listed below)
a) Gift Cards/Egift Cards. All Gift Cards/eGift cards are subject to the terms and conditions set by the issuing merchant. Information regarding expiration policies or non-usage fees, if any, will be disclosed on the product description page for the Gift Card. No refunds or replacements will be provided for lost or stolen Gift Cards/eGift cards. Physical Gift Cards typically ship within 3-5 business days, although occasionally an item may take up to 30 business days to ship. Egift cards are typically delivered within 15 minutes of successful order completion, although occasionally some items may take up to 24 hours for electronic delivery.
b) Merchandise. You will be responsible for any applicable sales tax, as well as shipping and handling costs. These costs will be reflected during checkout. Most products are backed by a manufacturer warranty. This information is included with the item. Please complete the warranty information as instructed.
c) Experiences. Experience certificates should be delivered via email within 2-3 business days of order placement to the email address provided during checkout. Each experience certificate includes details specific to the experience you redeemed, including overview, available locations, restrictions, reference number, etc. Program Manager is not responsible for experience certificates or reference numbers that are lost or stolen, following delivery, that may result in impersonation and/or the fraudulent booking of an experience.
d) Live Events/Sports. Live Events may be available for tens of thousands of concerts, sporting events and live theater shows throughout the U.S. and Canada. All fees are included in the price of the tickets. Live Event Tickets cannot be cancelled or returned. There are 4 basic delivery types for live event tickets: Direct Transfer, Mobile QR Codes, Printable PDFs and Physical Tickets. Ticket delivery timeframes can vary depending on delivery types. Some venues make their tickets available to be retrieved as soon as the event is announced and goes on sale to the public. For these events, tickets are typically delivered on the date of redemption (for mobile transfer, mobile QR and printable PDFs) or sent by FedEx to users a day or 2 after redemption (for hard stock tickets). Some venues do not release the actual tickets for an event until a specified number of days before a show (typically 2 or 3 days). In these cases, mobile transfer invites or PDF tickets are sent to mobile devices as soon as they become available for delivery.
e) Travel. Travel reservations are subject to the Terms and Conditions outlined at checkout, including cancellation policies. Individual Hotel & Airline cancellation policies may apply. For any changes or cancellations, please refer to the Terms & Conditions attached to your booking. Terms, cancellation policies, and hotel/condo, resort, airline or other merchant participation are subject to change without notice. There are no refunds, exchanges, replacements or conversions for currency, credit or rewards for no-shows. In some cases, there may be changes in circumstances that are beyond the control of Program Manager, and/or its affiliates. Accordingly, Program Manager and/or its affiliates reserve the right to substitute the components and suppliers of the offer should circumstances so require.
5) Product Descriptions. We attempt to be as accurate as possible in providing product descriptions. However, we do not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. Although we have made every effort to display and describe the likeness of each product (including, without limitation, colors, sizes, imprint areas and designs) as accurately as possible, it is possible that the displayed likeness of the products or services will depend upon the manufacturer’s or provider’s available graphic image as well as the quality of your monitor. We cannot guarantee that the Site or your monitor will accurately portray the actual likeness of the products. Products displayed on this Site may be out-of-stock or discontinued and products displayed on this Site are subject to change without notice.
6) Shipping. Physical Gift Cards and most merchandise typically ship within 5-10 business days, although occasionally an item may take up to 30 business days to ship. Items purchased at the same time may be shipped separately. Physical Gift Cards can be shipped anywhere within the 50 United States, as well as the District of Columbia, Guam, the Northern Mariana Islands, Puerto Rico, the U.S. Virgin Islands, and American Samoa. Merchandise may only be shipped within the 48 contiguous United States. Shipping exceptions will be noted during checkout.
7) Return Policy. Both digital (eGift Cards) and physical Gift Cards are non-refundable, non-returnable and cannot be exchanged. If you receive damaged merchandise, you may return your item for replacement within 2 business days of original delivery date of the product.
8) Fraud, Misuse, Abuse or Suspicious Activity. If we see evidence of fraud, misuse, abuse or suspicious activity, as determined by us in our sole discretion, we reserve the right to take action against you. This may include, without limitation and without prior notice, any or all of the following:
· Termination or suspension of your access to the “Rewards by RentCafe” platform and/or specific Offers
· Cancellation of Gift Card and merchandise orders
· Taking legal action to recover monetary losses resulting from any of your activities involving fraud, misuse, abuse or suspicious activity
Some examples of fraud, misuse, abuse or suspicious activity include:
· Utilizing Offers other than for personal, family or household use
· Sale of Gift Cards and merchandise purchased through the Program
9) Disclaimer of Warranties. PROGRAM MANAGER AND ITS MEMBERS, AGENTS, OFFICERS, DIRECTORS, GOVERNORS, EMPLOYEES, AND SUPPLIERS PROVIDE THIS SITE AND PRODUCTS OFFERED ON THIS SITE “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROGRAM MANAGER AND ITS MEMBERS, AGENTS, OFFICERS, DIRECTORS, GOVERNORS, EMPLOYEES, AND SUPPLIERS DO NOT WARRANT THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PROGRAM MANAGER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROGRAM MANAGER DOES NOT WARRANT THAT THIS SITE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PROGRAM MANAGER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
10) Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL PROGRAM MANAGER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SERVICES OR PRODUCTS OFFERED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL PROGRAM MANAGER’S TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED $100.00. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS, THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF A PRODUCT OR SERVICE OFFERED ON THIS SITE IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN UNUSED CONDITION TO THE MANUFACTURER OR THE PROVIDER OF THE SERVICE.
11) Release and Indemnification
a) Release. In the event that you have a dispute with a purchase or the manufacturer of any products or provider of services offered on this Site, you agree to release Program Manager and its members, governors, directors, officers, employees and agents from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
b) Indemnification. You agree to indemnify, hold harmless and defend Program Manager, its members, governors, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of or relating to: (a) this Agreement; (b) your use of this Site, including any data or work transmitted or received by you; and (c) any prohibited use of the Site as set forth in Section 1 (b).
12) Termination
These Terms and Conditions are effective upon your use of the Site. We reserve the right, in our sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Site; (b) suspend your access to or use of all or any portion of the Site; and (c) terminate or amend these Terms and Conditions.
13) Miscellaneous
a) Amendment. We shall have the right, at any time and without notice, to add to or modify these Terms and Conditions. Your access to or use of the Site after the date such amended terms are delivered to you shall be deemed to constitute acceptance of such amended terms.
b) Waiver. No waiver of any term, provision or condition of these Terms and Conditions, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
c) Severability. If any provision of these Terms and Conditions is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
d) Law. These Terms and Conditions shall be governed by the laws of the State of Minnesota without reference to conflicts of laws. In the event that any provision of these terms and conditions is found to be inconsistent with or contrary to any applicable law, regulation, or code, the parties agree that such provision shall be deemed to be modified or nullified to the extent necessary to comply with such law, regulation, or code, without affecting the validity or enforceability of the remaining provisions. The parties further commit to promptly take all necessary actions to bring the terms and conditions into compliance with the law, regulation, or code in question.
e) Forum. All actions, claims or disputes arising under or relating to these Terms and Conditions shall exclusively be brought in the federal or state courts in the State of Minnesota. The parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each of the parties by the federal and/or state courts in the State of Minnesota. The parties hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in the State of Minnesota and to the laying of venue of any such suit, action or proceeding brought in any such federal or state court in the State of Minnesota.
f) Transactions. All account transactional activity is subject to Program Manager’s final verification. Program Manager may reverse or otherwise adjust any transactional activity it believes has erroneously been made to a User’s account.
Browser Support
This site supports the following browsers (current versions and one prior release) are supported on this website: Google Chrome, Microsoft Edge, Mozilla Firefox, and Macintosh Safari. If you are using a browser version other than these, consider upgrading your browser software. Portions of our site and other sites may not work properly with older browser versions. Please consult your computer support personnel before installing any new software on your company computer. If you are using your own personal computer, review your system requirements before installing new software. Upgrading your Internet browser software will provide a better viewing experience at our site and many other sites that employ newer Internet coding standards. This site does contain some pop-up windows. Please disable your pop-up blocker for best viewing.
Important Information
Brands and Offers associated with the “Rewards by RentCafe” program are subject to availability and may change. Neither Yardi nor Program Manager, nor any of their affiliates, nor any supplier to the Program will have any liability whatsoever for purchases made through the Program by you or by individuals who claim to have authority to act on your behalf, nor for any loss, damage, expense, non-performance, consequential or special damages, accident or injury incurred in the course of your use of any good or service received through the Program or as a result of any defect in or failure of such purchases. Yardi, Program Manager, and their affiliates make no guarantees, warranties or representations of any kind, expressed or implied, with respect to the goods or services offered by any supplier and specifically disclaim any implied warranties or merchantability or fitness for a particular purpose.
The Program or any portion of it may be changed or terminated at any time. You are responsible for any personal tax liability that may be related to your participation in the Program.
Program Manager is solely responsible for the Program content.