SAFERENT TERMS OF USE
This is a contract between you and SafeRent Solutions, LLC (“SafeRent”). By using this website and its content, including information, reports, images, products, services and data provided or accessible in connection with the website (collectively, the ”Services” ), you agree to be bound by these terms. These Terms of Use contain an agreement to arbitrate all Claims as well as disclaimers of warranties and limitations of liability. These provisions form an essential basis of our bargain. Please read these terms carefully. If you do not agree to these terms, you are not authorized to access or use this website or any of the Services.

1. Acceptance of Terms Through Use.
SafeRent makes the Services available to you subject to the following terms and conditions of use (the “Terms of Use”). These Terms of Use also apply to any updates, enhancements and new features and products relating to the Services which are provided to you or accessible by you in connection with the website. By using the Services, you represent to SafeRent that you have read, understood, and agree to all terms, conditions, and notices contained or referenced in these Terms of Use and in connection with the website, and agree to follow all applicable laws and regulations.

2. Changes in these Terms of Use.
SafeRent may modify these Terms of Use from time to time by posting modified Terms of Use on or accessible through its website, or by otherwise notifying you of such modifications. Your continued use of the Services thereafter will constitute your agreement to such modifications. At the time of any material modifications, SafeRent will change the “Last Updated” date below. You agree to review these Terms of Use from time to time so that you are apprised of any changes.

3. Registration.
By registering with SafeRent through this website, or using any of the Services, you understand and agree that you have established a business relationship between you and SafeRent .YOU AGREE THAT SAFERENT MAY CONTACT YOU BY TELEPHONE AT THE NUMBER(S) YOU PROVIDE OR BY EMAIL OR MAIL AT THE ADDRESS YOU PROVIDE REGARDING OTHER PRODUCTS OR SERVICES OFFERED BY OR THROUGH SAFERENT EVEN IF YOUR TELEPHONE NUMBER OR EMAIL IS ON A DO-NOT-CALL REGISTRY OR SIMILAR LIST. With any email communication, SafeRent will provide a means by which you may opt-out of further communication.
SafeRent may refuse to allow any user from registering or using Services for any reason at its sole discretion. You agree to supply accurate and complete information when creating your account and when using the Services. You agree that you will not insert false, fraudulent, indecent, or obscene information as part of your registration, that you will provide accurate and complete information, and that your registration and usage of Services will comply with all applicable state and federal laws as well as the Terms of Use.
Do not share your account or login information with any third party or let any third party access your account. You are fully and solely responsible for maintaining the confidentiality of the login information for your account and for the security of your computer system, mobile device and all activity on your account, even if such activities were not committed by you. We may terminate your account if you let someone use your account inappropriately or if you or anyone using your account violates these Terms of Use. You agree to immediately notify us of any unauthorized use of your account. We will not be liable for any losses or damage arising from unauthorized use of the Services, and you agree to indemnify and hold us harmless for any improper or illegal use of the Services, and any charges and taxes incurred. To the extent you purchase any products and/or services on or through the Services, you agree to pay for all such products and services. You will be required to provide valid and updated credit card or approved purchase order information and accurate billing and contact information. If you provide credit card or other authorized payment method information, you authorize charges to be made against such credit card or other authorized payment method.

4. Use of the Services.
You agree to use the Services solely for your personal use and for commercial use limited to your own transactions. To use the Services, you represent that you are an adult resident of the United States of America, including its Commonwealths and Territories (collectively, the “USA”). By registering, you warrant and represent to us and any other service provider with whom you authorize us to share your information that you are an adult resident of the USA. The Services may be accessed from countries around the world and may contain references to products or services that are not available where you are located or reside. These references do not imply that SafeRent currently offers or intends to offer such products or services in your country.
You may not use, export or re-export the Services in violation of U.S. law or the laws of any other country or jurisdiction. Specifically, and without limiting the foregoing, the Services may not be exported or re-exported into any U.S. embargoed countries or to anyone on the U.S. Department of Commerce Denied Person’s List or Entity List or the U.S. Treasury Department’s list of Specially Designated Nationals. You represent and warrant that you are not on any such list or located in any such country and that you will not use the Services for any purposes prohibited by U.S. or other applicable law.

You may not use any robot, spider, web crawler, deep linking, or other automatic or manual device, tool or process to access, monitor, retrieve, data mine, reproduce or circumvent any portion of the Services, or in any way circumvent the navigational structure or presentation of the Services or portion thereof. You may not attempt to gain unauthorized access to any portion of the Services by any means. You agree that you will not attempt to modify, adapt, reverse engineer, decompile, translate or disassemble any portion of the Services or otherwise attempt to derive the source code or underlying ideas, programs or algorithms associated with the Services. Any unauthorized use or misuse of the Services may be a cause for terminating your right to use the Services, including the website. SafeRent reserves the right, in its sole discretion, to terminate your access to any part or portion of the Services with or without notice. If termination occurs in connection with a subscription service, SafeRent will refund the pro rata unused portion of your subscription fee following such termination, unless you and SafeRent agree that such fees are non-refundable.
To ensure that SafeRent provides a high-quality experience for you and other users of the Services, you agree that SafeRent or its representatives may investigate complaints, allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Services. SafeRent will not disclose such an investigation unless required to do so by law. SafeRent will cooperate fully with any law enforcement agencies in their investigation of the violation of any applicable laws.

5. Authorized Use of Services.
SafeRent grants you a fully revocable, non-exclusive license to use the Services, and view and print documents or information obtained on the website, for authorized, legal, personal and commercial uses limited to your own transactions, subject to the following terms and conditions:

  1. The documents or information may be used by you solely for informational purposes and will not be distributed to others who are not acting for you.
  2. You will not charge any fee to any person in connection with the Services and information obtained by you through the Services.
  3. The Services or information obtained through the Services will not be modified by you in any way.
  4. You will not use the Services to sell a product or service or to increase traffic to a website for commercial reasons. You will not modify, use as a basis for a derivative work, reformat, mirror, copy, reproduce, distribute, publish, market, transfer, perform, download, display, post, translate, transmit or otherwise use any elements of the Services, including without limitation any portion of the website or content obtained through it.
  5. All copyright or other proprietary notices that appear in connection with the Services, including on the website, or the materials downloaded or printed from the website, will appear on any copy of the document or portion that you make.
  6. SafeRent reserves the right to revoke this license at any time. You agree that you and any person to whom you distribute the Services or information will immediately discontinue any use of the Services or information upon notice of revocation. If revocation occurs in connection with a subscription service, SafeRent will refund the pro rata unused portion of your subscription fee following such revocation, unless you and SafeRent agree that such fees are non-refundable. You are responsible for ensuring that all persons who use our Services through your device and/or internet connection are aware of these Terms of Use and that they comply with them.
  7. Persons under the age of 18 are not authorized to use the Services.
    The license granted by SafeRent to use the Services does not include the right to copy or distribute any portion of the Services, such as layout or design of the website, or logos, graphics, sounds, or images. Elements of the Services, including the website, are protected by copyright, trade dress, or other laws and may not be imitated in whole or in part.
    6. Reservation of Rights.
    Any rights not expressly granted in these Terms of Use are reserved by SafeRent, and SafeRent reserves the right to seek all remedies available by law and in equity for any violation of these Terms of Use.

7. Privacy Policy.
Your privacy is important to us. You can learn more about the information collected about you in our Privacy Policy. The terms of the Privacy Policy are expressly incorporated fully into these Terms of Use, and you agree to be bound by the most current version of our Privacy Policy.

8. Intellectual Property Notices.
You agree that the Services contain proprietary information belonging to SafeRent and its licensors, and that they are further protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws. All images, text, sound, photos, custom graphics, button icons, the collection and compilation and assembly, and the overall “look and feel” and distinctiveness of the Services constitute trade dress and the property of SafeRent. The absence of a notice relating to a SafeRent product or service name, slogan, or logo does not constitute a waiver of SafeRent’s trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols on or in the Services may be the trademarks and the property of their respective owners. Except as expressly authorized by SafeRent, either in these Terms of Use or otherwise, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the information, services, or products, or attempt to copy, further develop, decompile, reverse engineer, disassemble, or derive the source code of the Services, or any updates or part thereof. Any attempt to do any of the foregoing is a violation of SafeRent’s rights and the rights of its licensors. If you breach this restriction, you may be subject to prosecution and damages. In addition, you agree that any derivative works, improvements, inventions or works developed by you based upon or relating to the Services involving a breach of these Terms of Use shall be owned by SafeRent, and you hereby assign and agree to assign to SafeRent such derivative works, improvements, inventions or works developed by you.
As noted in these Terms of Use, you may print or download information or products from the Services for your own use, provided that you keep intact all copyright and other proprietary notices. Systematic retrieval of information, services or products from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from SafeRent is prohibited. In addition, use of the Services for any purpose not expressly permitted in these Terms of Use is prohibited. For information on requesting such permission, please contact SafeRent at 4600 Regent Blvd Ste 150, Irving, TX 75063, Attention: Legal Department.

9. Submissions.
All comments, feedback, information, and materials submitted to SafeRent regarding or through the Services (“Submissions”) will be considered the non-confidential property of SafeRent, and Submissions will not be kept confidential by SafeRent. By providing a Submission to SafeRent, you grant SafeRent, at no charge, a royalty free, perpetual, irrevocable, non-exclusive worldwide right and license (with the right to sublicense) to use, reproduce, distribute, modify, create derivative works of, publicly display, and perform your Submission, including without limitation, photos, works, and metadata associated with any part of the Submission, in any media now known or later developed; and to make, sell, offer for sale, import, and otherwise transfer your Submission, subject to no confidentiality obligations regarding Submissions except as set forth in the Privacy Policy. You represent and warrant that you are responsible for the Submissions that you provide, that you have all rights and permission to provide and assign to SafeRent the Submissions, and that you, not SafeRent, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality, and copyright.

10. Links to Other Websites and Related Disclaimer.
The Services may include links to other websites, content or services beyond the control of SafeRent. SafeRent provides you with these links solely for your convenience. Some of these websites, content or services may be co-branded (i.e., bear the name and/or logo of both a third-party service provider and SafeRent). The provision of any link to another service provider does not signify an endorsement by SafeRent of the service provider’s website or the services offered by that service provider. SafeRent has no control over, does not review, and cannot be responsible for the information contained on other websites or provided by third parties. SafeRent does not make any representations regarding the content, accuracy, completeness, decency, legality, non-infringement, quality or any other aspect of such third-party websites, content, or services. SafeRent is not responsible for and does not assume any liability with respect to the content, privacy practices or otherwise of third parties.

Your use of such third-party websites, content or services will be subject to terms and conditions of that third party. YOU AGREE THAT SAFERENT WILL NOT BE RESPONSIBLE OR LIABLE FOR LOSS OR DAMAGE YOU MAY INCUR AS THE RESULT OF A TRANSACTION YOU ENTER INTO THROUGH THE WEB SITE OR SERVICES OF A THIRD PARTY.

11. Potential Disruption of Service.
We do not guarantee that our Services, or any content contained within or accessible through Services, will always be available or uninterrupted. Access to the Services may from time to time be unavailable, delayed or limited due to, among other things: hardware failure; software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or content irregularities; system overload; damage caused by severe weather, natural disasters, war or acts of God; terrorism; interruption of power supplies; strike or other stoppage of labor; governmental or regulatory restrictions; or any other cause whatsoever beyond the control of SafeRent. SafeRent is not liable to you if, for any reason, the Services are unavailable at any time or for any period.

12. Disclaimers.
THE SERVICES ARE MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY AND NOT INTENDED TO PROVIDE SPECIFIC COMMERCIAL, FINANCIAL, INVESTMENT OR LEGAL ADVICE.
The materials, information, products, and services included in or available through the Services, including the images, text, databases, photos, custom graphics, compilation, assembly, and the overall look and distinctiveness of the website, are provided “as is” and “as available.” SafeRent disclaims all express or implied representations, warranties, guaranties, and conditions, including implied warranties or conditions of merchantability, fitness for a particular purpose, title, or non-infringement. Neither SafeRent nor its licensors make any representations, warranties, or guaranties as to the quality, reliability, suitability, truth, accuracy, or completeness of the Services. SafeRent disclaims any representation or warranty that the Services OR ANY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICES will be available at any particular time or from any particular location OR that any defects or errors will be corrected. The Services may include inaccuracies or typographical errors. Your use of the Services is solely at your risk.
WE MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE SERVICES, OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE SERVICES, OR THE THIRD PARTY CONTENT AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO CEASE USE OF THE SERVICES. SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. WE DISCLAIM ANY IMPLIED OR STATUTORY WARRANTIES (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES; OR (II) THAT THE SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY OR ACCESSIBLE THROUGH THE SERVICES. NO COMMUNICATION, INFORMATION OR ADVICE GIVEN BY US OR ANY REPRESENTATIVE OF OURS, WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS AND CONDITIONS.
You also may have other rights, which may vary from state to state and jurisdiction to jurisdiction.

13. Limitation of Liability.
YOU UNDERSTAND AND AGREE THAT SAFERENT WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE, INABILITY TO USE, OR RELIANCE ON THE SAFERENT SERVICES, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES OBTAINED OR ACCESSED THROUGH THE WEBSITE. FOR THOSE JURISDICTIONS THAT EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS, THIS LIMITATION SHALL BE CONSTRUED TO PERMIT THE MAXIMUM EXCLUSION OR LIMITATION PERMITTED BY APPLICABLE LAW. You acknowledge that the SERVICES HAVE BEEN MADE available to you in reliance upon these Terms of Use, and in particular the Disclaimers and Limitations of Liability.

14. Indemnification of SafeRent.
You will not use the Services for any unlawful purpose, or for any purpose not permitted by these Terms of Use. You agree to indemnify, defend and hold harmless SafeRent, its affiliates, successors, assigns, licensees and any of their officers, directors, employees, agents, subcontractors, licensors and suppliers, from any liability, loss, claim and expense (including REASONABLE attorneys’ fees) related to your violation of these Terms of Use, and/or the use of the Services by you or anyone using your account, password, login information, computer, or mobile device. You are solely responsible for defending any claim, subject to the SafeRent’s right to participate with counsel it selects, and you will not agree to any settlement that imposes any obligation, liability or admission of guilt on the part of SafeRent without prior written consent of SafeRent. If you violate any provision of this section of the Terms of Use, SafeRent may terminate your access to the Services without notice, and you have indemnity obligations to SafeRent and other third parties entitled to indemnification as a result of your violation of these Terms of Use. This section, as well as other sections that are intended to survive, shall survive termination of your access to or use of the Services.

15. Severability and Integration.
Unless otherwise specified in these Terms of Use or the Services, these Terms of Use constitute the entire agreement between you and SafeRent with respect to the Services and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and SafeRent with respect to the Services. If any part of these Terms of Use is held invalid or unenforceable, that portion is construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions remain in full effect. Additional terms may be agreed upon by you and SafeRent with respect to content available via the Services.

16. Dispute Resolution.
You agree that your use of Services constitutes a transaction in interstate commerce and that any claim or controversy arising out of or relating to the use of this website or to any acts or omissions for which you may contend SafeRent is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. § 1 et seq. This section is deemed to be a written agreement to arbitrate pursuant to the Federal Arbitration Act and is intended to satisfy the writing requirement thereunder.
YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.

The arbitration will be held before one arbitrator under the arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitration will be conducted in Dallas County, Texas. The arbitrator will be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, you will select an arbitrator from a panel of arbitrators acceptable to SafeRent. In any arbitration, SafeRent will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand.

Any judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator will not have the power to multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate will not be construed as an agreement to the joinder or consolidation of an arbitration under these Terms of Use with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

Should a dispute arise and should the arbitration provisions become inapplicable or unenforceable, you agree that jurisdiction over and venue of any suit will be exclusively in the state and federal courts sitting in Dallas County, Texas. If either party employs attorneys to enforce any right in connection with any dispute or lawsuit the prevailing party is entitled to recover reasonable attorneys’ fees.

17. Claims of Copyright Infringement; Digital Millennium Copyright Act Policy.
This policy is intended to implement the procedures described in Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”) for the reporting of alleged copyright infringement. SafeRent respects the legitimate rights of copyright owners, their agents, and representatives. Users of any part of the Services are required to respect the legal protections provided by applicable copyright law.
Upon receipt of notification of claimed infringement, SafeRent will follow the procedures outlined herein and in the DMCA. SafeRent’s “Designated Agent” to receive notification of alleged infringement under the DMCA is listed below. If you believe that your work has been copied and is accessible on the website in a way that constitutes copyright infringement, notify SafeRent in writing:

SafeRent
Attn: Legal Department
4600 Regent Blvd Ste 150 Irving, TX 75063

Any claim of copyright infringement should include sufficient information to enable us to evaluate your claim and to take appropriate action. A notice of alleged copyright infringement to the Designated Agent must include the following:

  • An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notice, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SafeRent to locate the material.
  • Information reasonably sufficient to permit SafeRent to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the matter complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

It is expected that all users of any part of the Services will comply with applicable copyright laws. However, if SafeRent is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. SafeRent will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its Designated Agent.

Under appropriate circumstances, SafeRent may, in its discretion, terminate authorization of users of the Services who are repeat infringers.

18. Governing Law.
You agree that all matters relating to your access to, or use of, the Services, and all matters relating to these Terms of Use are governed by the laws of the State of Texas, which apply in all respects, including statutes of limitation. No choice of law rules of any jurisdiction will apply to nullify this choice of law.

19. Non-Waiver.
SafeRent’s failure to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of that right or provision. No single or partial exercise of right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

20. Assignment.
SafeRent may assign these Terms of Use, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use or assign, transfer or sublicense your rights, if any, in the Service.

21. Other Agreements.
In the event you enter into an agreement with product specific terms, such agreement will apply. If there is a conflict between these Terms of Use and the terms applicable for a particular product or service, or portion of the Services, the latter terms shall control with respect to your use of the product, service or portion of Services.

22. Questions, Comments, and Contact Information.
All notices to SafeRent relating to these Terms of Use shall be in writing and sent to the following:
SafeRent
Attn: Legal Department
4600 Regent Blvd, Suite 150 
Irving, TX 75063

Notices shall be deemed given when notice is posted on the website or otherwise provided in connection with the Services, or when the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Unless the regular mail is returned to the sender, notice shall be deemed given three days after the regular mail is sent, in the case of domestic mail, or seven days after the regular mail is sent, in the case of international mail.