Terms of Service

1. Agreement Between You and RentPath

The following terms and conditions (the “Terms of Service”) apply to your use of this Site. The term “Site” refers to careers.rentpath.com and any current or future related mobile sites. By using the Site, you explicitly accept these Terms of Service. We strongly recommend that, as you read these Terms of Service, you also access and read the information contained in the other pages and websites referred to in these Terms of Service, as they may contain further terms and conditions that apply to you. Underlined words and phrases are links to these pages and websites. The term “Agreement” means the agreement formed between you and us pursuant to these Terms of Service and any other terms and conditions posted on the Site, and any other written agreement between you and us, as the same may be modified from time to time, all of which are incorporated herein by reference.

RentPath owns and operates other websites, and each of those websites is subject to different terms and conditions. Should you access those other websites different terms and conditions will apply.

2. Website Information and Remedies

The information posted on the Site is provided by RentPath. In the case of any violation of our Agreement, RentPath and its affiliates (collectively, “we,” “our” or “us”), reserve the right to seek all remedies available by law and in equity for such violations, including termination of your use of the Site.

3. Trademarks

The term “RentPath” and any other trademarks, trade names, logos and service marks, including Apartment Guide, Rent.com, Rentals.com, Lovely and RentPath (collectively, the “Marks”), displayed on RentPath’s websites are the property of Apartment Guide, Rent.com, Rentals.com, Lovely, RentPath or other third parties. You are not permitted to copy or otherwise use these Marks without the prior written consent of RentPath.

4. Access and Interference.

You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our prior written consent. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, use, reproduce, modify, create derivative works from, distribute or display any content on the Site without the prior written consent of RentPath and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass any measures we may use to prevent or restrict access to the Site.

5. No Unlawful or Prohibited Use.

As a condition of your use of the Site, you agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and any related activities. You warrant that you will not use the Site in any way prohibited by these terms, conditions and notices. In addition, you will not:

  • use the Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from the Site;
  • distribute or post spam, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm the Site or the interests or property of users of the Site;
  • copy, modify, republish or distribute content from the Site (except as provided herein) or RentPath’s copyrights and trademarks;
  • impersonate another person or otherwise misrepresent your affiliation with another person or entity, conduct fraud, hide or attempt to hide your identity;
  • provide inaccurate contact information or other misleading information; or
  • transmit to the Site or any user any information or materials of any kind which (i) violate, plagiarize or infringe on the intellectual property or contractual rights of any third party; or (ii) are libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, tortious, invasive of another’s privacy, hateful, or otherwise objectionable; or (iii) contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

6. Links to Third-Party Websites.

The Site may contain links to websites operated by parties other than RentPath. Such hyperlinks are provided for reference only. RentPath does not control such websites and is not responsible for their content. RentPath’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. If you decide to access any of the third party sites linked to on the Site, you do so entirely at your own risk.

7. General Disclaimer

ALL INFORMATION PROVIDED ON THE SITE IS PROVIDED “AS IS” WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. RENTPATH HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, EXCEPT TO THE EXTENT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

8. Limitation of Liability

NEITHER RENTPATH, NOR ITS PARENT, AFFILIATES, OR SUBSIDIARIES, NOR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, OR DAMAGES FROM THE USE OF OR RELIANCE ON THE INFORMATION PRESENT ON THE SITE, EVEN IF RENTPATH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Modification of the Site

Without limiting the foregoing, RentPath reserves the right to change the terms and conditions under which the Site is offered at any time. RentPath will provide notice of and the effective date of such changes. It is your responsibility to check terms and conditions of this Agreement at the time of each use.

10. Privacy

We view the protection of users’ privacy as paramount and will only use your information as described in our 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 the Site.

11. Waiver of Contractual Rights for Violators of These Terms of Service

You understand and agree that any individual or entity, including, but not limited to, employees, officers, directors, third party agents, affiliates, or independent contractors of such individuals or entities, that violates any term of these Terms of Service, including, but not limited to, accessing the Site without authorization, or in excess of the authorization granted by these Terms of Service, is precluded from enforcing, agrees not to enforce, and covenants not to sue to enforce, any provision in any contract governing the use of any individual or entity’s website, including, terms and conditions, Terms of Service, and terms of service, asserted by such individual, entity, or any affiliate thereof, as binding on RentPath, or any of its affiliates.

12. Indemnity

You will indemnify and hold us (and our officers, directors, agents, affiliates, subsidiaries, joint ventures and employees), harmless from any cost, liability, charge, penalties, claim or demand, including reasonable attorneys’ fees, court costs, and other costs of collection, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party, or incurred by us as a result of your default under this Agreement.

13. Resolution of Disputes

If a dispute arises between you and RentPath, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and RentPath agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a “Claim”) in accordance with the subsections below or as we and you otherwise agree in writing.

  • In the event that either party to these Terms of Service has a dispute relating to or arising from these Terms of Service or the use of the Site, it must immediately notify the other party in writing giving details of the dispute. If the parties cannot resolve the dispute within fourteen (14) days of receipt of the notice provided for above, the dispute will then be submitted to mediation by a mediator agreed to by the parties, or failing agreement, appointed by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) at the request of either party. If the matter is not resolved by mediation within fourteen (14) days from there, the matter will be submitted for arbitration in accordance with the Federal Arbitration Act (9 U.S.C. § 1 et seq.), by a single arbitrator to be appointed by the parties or, failing agreement, appointed by JAMS at the request of either party. The arbitrator shall not have the power to maintain class action or class-wide procedures, or provide either party with class-wide relief. Any such mediation or arbitration shall take place in Atlanta, Georgia. Unless the parties agree otherwise, English shall be the sole language of all such proceedings. This arbitration provision shall survive termination of this Agreement.
  • YOU HAVE A RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE AS DESCRIBED BELOW. UNLESS YOU OPT OUT OF ARBITRATION, YOU AND WE ARE WAIVING (i) THE RIGHT TO HAVE OUR DISPUTE HEARD BEFORE A JUDGE OR JURY, OR OTHERWISE TO BE DECIDED BY A COURT OR GOVERNMENT TRIBUNAL, and (ii) ANY ABILITY TO ASSERT OR PARTICIPATE ON A CLASS OR REPRESENTATIVE BASIS IN COURT OR IN ARBITRATION. ALL DISPUTES, EXCEPT AS STATED BELOW, MUST BE RESOLVED BY BINDING ARBITRATION WHEN EITHER YOU OR WE REQUEST IT. You have the right to opt out of this agreement to arbitrate by sending written notice to RentPath, LLC, Attn: General Counsel, 950 E. Paces Ferry Road, Suite 2600, Atlanta, Georgia 30326, within 30 days of first accepting these Terms of Service. Otherwise, this agreement to arbitrate will apply without limitation.
  • After we receive notice that you have commenced arbitration, we will reimburse you for your payment of the filing fee up to $300. For claims less than $75,000 that you win in arbitration, we will reimburse you for any fees paid to the arbitration organization and/or arbitrator. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the JAMS Comprehensive Arbitration Rules and Procedures (the “Rules”). In such case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the Rules. Arbitration relating to claims of $75,000 or greater shall be governed by the Rules with regard to payment of fees. If you consider that you are unable to afford any fees that would be yours to pay, you may request that we pay or reimburse them, and we will consider your request in good faith. Notwithstanding the foregoing, either party may bring an individual action in small claims court, if the claim is in that court’s jurisdiction and proceeds on an individual, and not class-wide, basis. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. The arbitration shall be kept confidential by both parties, and either party may seek injunctive relieve before the United States District Court for the Northern District of Georgia or the state courts of Fulton County, Georgia for the limited purposes of: (i) securing compliance with this arbitration provision pursuant to the Federal Arbitration Act; and (ii) enforcing the confidentiality of the arbitral proceedings.
  • BY AGREEING TO THIS ARBITRATION PROVISION, EACH PARTY UNDERSTANDS THAT BOTH YOU AND WE ARE WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. BOTH PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS THE PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. If these terms relating to class or representative procedures are legally unenforceable for any reason with respect to a claim, then this agreement to arbitrate will be inapplicable to that claim, and the claim will instead be handled through litigation in court, rather than by arbitration, on the terms below.
  • The arbitrator will have the power to award to a party any damages or other relief provided for under applicable law, with the exception of punitive damages to which neither party will be entitled.
  • The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s decision will be final and binding on the parties. A party can file a written appeal to the arbitration administrator within 30 days of award issuance. The appeal must request a new arbitration in front of three neutral arbitrators designated by the same arbitration administrators. The panel will reconsider all factual and legal issues, following the same rules of procedure, and will make decisions based on majority vote. Any final arbitration award will be binding on the named parties and enforceable by any court having jurisdiction.
  • Subject to the foregoing, all disputes arising out of or related to these Terms of Service or your use of the Site shall be governed by, construed and enforced in accordance with the laws of Georgia, without giving effect to any principles of conflicts or choice of law. If the mandatory arbitration provisions above do not apply to any dispute relating to or arising from these Terms of Service or the use of the Site for any reason, such dispute shall be submitted to and resolved solely in the state or federal courts located in Atlanta, Georgia without jury trial. Both parties hereby consent to the personal jurisdiction of these courts and waive any objection (including of inconvenient forum) to these courts hearing such disputes. No other court, whether state or federal, may hear any such complaint or dispute. BY ACCESSING AND/OR USING THE SERVICE, YOU IRREVOCABLY SUBMIT TO SUCH EXCLUSIVE JURISDICTION AND VENUE AND AGREEMENT TO WAIVE JURY TRIAL. This arbitration agreement shall be construed broadly to encompass any and all possible claims between you and RentPath that are even tangentially related to the contractual relationship created by these Terms of Service.
  • If you are a California resident, in accordance with California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

14. Notices

Except as explicitly stated otherwise, notices should be sent to us at the following address:

RentPath, LLC

Attn: General Counsel

950 E. Paces Ferry Road, Suite 2600

Atlanta, Georgia 30326

We will send notices to the email address you provide to RentPath through your use of the Site. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.

15. General

By using the Site and agreeing to the Terms of Service, you are also agreeing to abide by our Privacy Policy, and all other agreements and policies posted on the Site. RentPath reserves the right to terminate a user’s account at any time. In our sole discretion, we may assign the Agreement. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. The Sections and policies that by their nature are intended to survive, shall survive any termination of the Agreement.

16. Integration/Re-Affirmation.

You acknowledge and agree that these Terms of Service, and the other policies, terms, guidelines and rules referenced herein, constitute the entire and exclusive agreement between RentPath and you regarding the Site, and supersede and replace any prior agreements between RentPath and you regarding the Site. You further acknowledge and agree that each time you visit the Site, you: (i) expressly waive any prior rights you may have obtained from any contract to access or use of the Site; (ii) re-affirm your commitment to abide by these Terms of Service, including any new provisions that have been added since the last time you accessed the Site; and (iii) signify your agreement that the current terms in RentPath’s Terms of Service supersede all prior Terms of Use or terms of service in effect when you accessed the Site, such that each time you access the Site, you form a new agreement with RentPath that applies to your access to the Site.

Last updated: July 31, 2018.