- The Service.
- For Renters. The Service is an online platform that allows property renters (“Renters”) the ability to review listings, descriptions, availability, and pricing for rental properties, submit rental applications, consent to background and credit screenings, submit documentation, pay fees and deposits and enter into leases with Rental Managers (as defined below). Apartments.com makes no representations as to the completeness, accuracy, or timeliness of such listings, descriptions, availability, and pricing. Such information is subject to change at any time without notice. Subject to the limitations of Apartments.com and/or any third-party connected with the application process, Renter may apply to a reasonable number of properties within a thirty (30) day period following full and timely payment of the fee for the Service. The fees for the Service do not include any deposits, payments, or fees requested by a Rental Manager, and a Rental Manager may require additional documents once the initial application is submitted or lease is executed.
- For Rental Managers. The Service also allows landlords and rental managers (“Rental Managers”) to list properties, find potential Renters, accept rental applications from Renters, receive certain consumer credit and public record data from TransUnion, LLC (“TransUnion”) through the platform, offer and enter into leases with Renter, and receive ongoing rental payments from Renters through the Payment Portal (as defined below). Where such consumer credit and public record data is authorized by Renter, or received by Renter Manager, additional terms and conditions as required by TransUnion will apply, which terms and conditions must be agreed to before any such services will be delivered. Renters and Rental Managers may be referred to herein individually and collectively as “you” or “your.” The Service is offered by Apartments.com as a facilitation service only. Apartments.com does not act as a broker, property manager, payment processor, money transmitter, payment manager, debt collector, or credit reporting agency, and does not guarantee any results from using the Service. Apartments.com does not independently verify any Renter or Rental Manager, does not perform credit or background checks, and does not make any representations or warranties as to the quality of any Renter or Rental Manager or guarantee any results from any background or credit check. In general, and specifically with respect to any leases created, offered, or entered into using the Service, Apartments.com does not act as an attorney, provide any legal advice to Renter or Rental Manager, nor make any representations as to the accuracy of any information provided that could be construed as legal advice.
- Payment Processing Service.
- Description. Apartments.com, in conjunction with a third-party processor, offers a web-based portal to facilitate payment of rental amounts, and other sums due, between Renters and Rental Managers (the “Payment Portal”). Renters may initiate one-time and recurring payments through the Payment Portal. Rental Managers may also send email notices to Renters through the platform related to lease obligations, rental amounts, renewals, etc., unless a Renter has ‘opted-out’ of the receipt of such type of email. Renters may opt-out of receiving such emails by contacting support@Apartments.com.
- When scheduling a payment, Renter may be asked to supply certain relevant information, such as Renter’s debit or credit card number and its expiration date, checking account information, and/or billing address. By submitting such information, Renter: (i) REPRESENTS AND WARRANTS THAT RENTER HAS THE RIGHT TO USE ANY PAYMENT METHOD THAT RENTER SUBMITS THROUGH THE PAYMENT PORTAL; and (ii) grants to Apartments.com the right to provide such information to third parties for purposes of facilitating Renter’s scheduled transactions. Verification of information may be required prior to the acknowledgment or completion of any payment transaction. Renter agrees to Renter’s personal and financial information being transferred, stored, and processed by our third-party payment processors.
- Third-Party Processor. By agreeing to use the Payment Portal, by sending or accepting payments through the Payment Portal, you understand and agree that Apartments.com will create an account on your behalf with Apartments.com’s payment processor to facilitate the transmission and receipt of payments, which are consummated outside of Apartments.com. You also agree to be bound by the terms and conditions of the third-party processor, which may be updated from time to time, at: https://stripe.com/connect-account/legal. Any authorization you provide to initiate repeating automatic payments using the Payment Portal will remain in effect until canceled.
- Fees for Payments. Payments made from a demand deposit account, such as a checking account, through the ACH network is free of charge to Renters. Renters who choose to pay using a debit card or credit card will be charged a processing fee in the amount of 2.75%. Rental Managers are not charged any fees for the receipt of payments from Renters through the Payment Portal.
- Chargebacks. Apartments.com does not hold any money you transfer through the Payment Portal and is not responsible for unsuccessful transmission, sourcing, or use of any funds. If a Renter or Rental Manager’s bank or card issuer initiates a reversal, chargeback, or payment dispute of a payment made through the Payment Portal, you authorize Apartments.com and our third-party payment processors to reverse or otherwise claim the funds from your account. Apartments.com may also initiate a reversal, or take other actions we determine to be appropriate, if, in Apartments.com’s reasonable opinion, fraud or abuse of the Payment Portal has occurred.
- Legal Advice.
Through the Service’s online platform, Apartments.com provides an automated software solution to Rental Managers who choose to prepare their own lease documents, and to execute those documents with Renters electronically. The platform includes general information on commonly encountered business and legal issues. The Service may also include a review of your answers for completeness, spelling, internal consistency, and other clerical functions. At no time do we review your answers or draft or completed leases for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. Apartments.com is not a law firm and may not perform services performed by an attorney. Apartments.com, its Service, and its forms or templates are not a substitute for the advice or services of an attorney.
Apartments.com strives to keep its lease forms current and up-to-date. However, because the law changes rapidly, Apartments.com cannot guarantee that all of the information provided in conjunction with its Service is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind Apartments.com provides can fit every circumstance. Furthermore, the legal information contained on any Apartments.com website or provided in conjunction with the delivery of the Service is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, or simply have legal questions about the leasing process, you should consult a licensed attorney in your area.
The use of any part of the Service is not intended to create any attorney-client relationship, and your use of Apartments.com does not and will not create an attorney-client relationship between you and Apartments.com. Instead, you are and will be representing yourself in any legal matter you undertake through Apartments.com lease-related or other Service.
- Accounts and Verification.
To use the Service, Renters must be a registered Apartments.com user. Additionally, Rental Managers must have a verified rental listing on Apartments.com. You agree to only use the Service in connection with residential property rental transactions. To use certain features of the Service, including the identity verification, credit report, background check, leasing and payment services, you will be required to verify your identity with our third-party suppliers.
The Service allows Rental Managers with multiple properties to create administrative responsibilities for its employees, including the review of lease applications, management of rent payments, and management of listings on the Listing Service (“User Management Tools”). Rental Managers that elect to use the User Management Tools are solely responsible for all activity occurring within the Rental Managers’ account, which includes abiding by all local, state and federal laws and regulations. By using User Management Tools, you understand and agree that Apartments.com shall not be liable for any unauthorized use of the User Management Tools, including the disclosure of any account passwords or the impersonation of an unauthorized user to access the User Management tools. The Payments Administrator function of the User Manager Tools allows Rental Managers to set up and manage payments for properties owned or operated by Rental Managers. You understand and agree that only one (1) person may be designated as the Payment Administrator, and the designation is permanent and cannot be changed.
Apartments.com has the right to suspend the User Management Tools for any reason, including if we believe any malicious malware is being used in connection with the User Management Tools. In addition, we reserve the right to change, suspend or discontinue any features, components or function of the User Management Tools at any time. Notwithstanding, the above, we have no obligation to create or develop any updates or enhancements to the User Management Tools.
- Consumer Reports.
By submitting an application through the platform Renter (a) authorizes and directs Apartments.com’s third party supplier, TransUnion, to obtain such consumer reports about such Renter, including information concerning such Renter’s credit, criminal and eviction history (“Consumer Report”), if available, and (b) agree to permit TransUnion to share such Renter’s Consumer Report through the platform with one or more Rental Manager(s) of the properties such Renter selects. Renter understands that TransUnion will obtain this information and may take steps to verify the information they obtain about Renter. Renter agrees to TransUnion’s Service Agreement linked here. Renter may request a paper copy of your TransUnion report by contacting TransUnion via the contact method listed below. If you are a Rental Manager obtaining a Consumer Report, you agree to use the Consumer Report in compliance with the law and agree to TransUnion's landlord Service Agreement available here. Rental Manager acknowledges and agrees that, as part of the Service, Apartments.com creates for each Rental Manager a TransUnion account and that Apartments.com provides to TransUnion default values of credit risk tolerance on behalf of the Rental Manager. If Rental Manager wishes to change such credit risk value, it may so by contacting TransUnion at the number supplied below. If you experience issues with your Consumer Report, please contact TransUnion customer service at 800-916-8800. Renters may dispute the accuracy of your Consumer Report by visiting: https://www.transunion.com/credit-disputes/dispute-your-credit or call 800-916-8800.
- Consumer Reports - Additional Acknowledgements by Rental Managers.
If Rental Manager receives consumer reports from TransUnion, which are delivered by Apartments.com through the platform, the following terms and conditions apply: (a) Rental Manager acknowledges and agrees that any decision to be returned through a message via the platform (whether by default or otherwise) reflects only that the results returned from TransUnion do not meet the criteria established by the Rental Manager, and represents the Rental Manager’s screening requirements and policy. (b) Rental Manager is solely responsible for any decisions it makes based on such requirements and policy as well as any screening outcomes provided by TransUnion through Apartments.com and/or its affiliates to the extent based on such message. (c) Rental Manager acknowledges and agrees that any communication with any applicant concerning Rental Manager’s decision to decline the application (i) shall state that the decision is a consequence of the applicant not meeting Rental Manager’s internal policy rules and (ii) shall not name Apartments.com as a source for implementation of Rental Manager’s internal policy rules. (d) Rental Manager assumes all responsibility for ensuring compliance with any federal, state, and local law or rule that may govern or relate to the request and/or use of Service requested and received through the platform, including but not limited to, consent to screening, use of information provided through the Service, any notices to be provided to consumers, and acquisition of consumer reports and public record data.
- Fees; Payments; Taxes.
By using this Service, (a) you may be required to pay fees to Apartments.com to access certain features of the Service, as described within the platform. All fees are in U.S. dollars and are non-refundable. Renter acknowledges and agrees that (i) that such fee is being paid to Apartments.com, and not to the Rental Manager, for the convenience of using the Service and (ii) Renter may choose not to use the Service, and instead apply directly to the Rental Manager at no cost. (b) You agree to pay all charges incurred by you or on your behalf through the Service, at the prices in effect when such charges are incurred. Payment of all fees shall be made through Apartments.com’s third-party payment processors. Such third party payment processors will charge you the fees as described in these Terms and Conditions and the platform for the Service prior to you making your payment in the payment method you specified at the time of purchase. If you pay any fees with a debit card or credit card, Apartments.com’s third-party payment processors may seek pre-authorization of your debit card or credit card account before your purchase to verify that the debit card or credit card is valid and has the necessary funds or credit available to cover your purchase. By making or receiving payments through the Payment Portal, you grant Apartments.com and our third-party payment processors the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant institution, and to charge your account in the amounts specified in these Terms and Conditions and the platform for the Service. (c) You are responsible for any taxes applicable to your transactions sent or received through the Payment Portal.
- Service Representations and Warranties.
Apartments.com’s third party vendors (including, but not limited to, TransUnion and any payment processors) have terms and conditions that apply to products and services made available through the Service. By using the Service, you hereby agree that you: (a) have all necessary authority, rights and permissions to use the Service, (b) comply with any terms and conditions that apply to Apartments.com’s third-party vendor services (as described below), including TransUnion and any payment processor; (c) will use the Service in compliance with all applicable laws, and all legal notice and disclosure requirements as provided in TransUnion’s and/or other applicable third party vendor terms and conditions, including, without limitation, any fair housing laws or regulations, applicable real estate licensure or brokerage regulations or the Fair Credit Reporting Act; (d) will not mislead, deceive, defraud, seek to mislead, deceive or defraud, make any misrepresentations to, or seek to make misrepresentations to, any other user of the Service; (e) will use the Service only on your own behalf, and not transmit any information received through the platform to third parties, except as otherwise permitted herein; (f) will use the Service only in connection with properties within the United States, and only using a payment method issued in the United States; (g) will charge a Renter only as legally authorized under a written agreement between you and a Renter; (h) will not use the Service to transfer money in violation of any money laundering laws, including the Bank Secrecy Act, or any regulations of the US Treasury’s Office of Foreign Assets Control or the Federal Trade Commission; (i) will not require a Renter to provide any banking or other sensitive financial information directly to you unless necessary to effectuate or process a transaction requested by the Renter; (j) will not add any additional fees, including, but not limited to, payment processing fees, taxes, surcharges or any other application fees other than a Renter’s monthly rent through the Payment Portal; (k) will not submit a request for payment through the Payment Portal for any fee incurred by a Renter at a time prior to use of the Service, or otherwise to settle outstanding debts; (l) will not submit any false or fraudulent information through the platform, or otherwise use the Service for false or fraudulent purposes; (m) will not share an application created through the Service or any information related thereto (including any related credit reports or background checks) with any third-party, or otherwise provide any portion of an application outside of the platform; (n) will not attempt to break, or encourage anyone else to break, the above requirements; (o) may not submit rental applications nor configure, authorize, or initiate rent payments, credit or background check report orders, or other transactions on behalf of any Renter, even if the Renter has given its permission; and (p) may not make rent payments as a Renter to itself as a Landlord or another authorized party using the Service.
- Termination.
You may terminate your account at any time by contacting support@apartments.com. You may cancel any rent payment not already in process in your account dashboard. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Service. If you violate any provision of these Terms and Conditions, your access to the platform will terminate automatically. In addition, Apartments.com may in its sole discretion terminate your account or suspend or terminate your access to the Service at any time for any reason, with or without notice, including if: (a) you fail to pay any amount to Apartments.com when due; (b) Apartments.com determines that you pose a financial, reputational or regulatory risk to Apartments.com or any third party; or (c) Apartments.com is required to do so by any third party. Apartments.com may alter, suspend or discontinue the Service or the platform without notice. Any termination by a Renter or Rental Manager of their account will not terminate any underlying agreement entered into between a Renter and Rental Manager, or a Renter or Rental Manager and a third-party, and both Renter and Rental Manager will remain bound by the terms of the underlying agreement between the parties.
- Indemnification.
You agree to indemnify, defend, and hold harmless Apartments.com, its affiliates, and their respective directors, officers, employees, and agents from any and all claims and demands made by any third-party due to or arising out of: (a) your access to or use of the Service and the platform; (b) your breach of these Terms and Conditions, the Terms of Service, Privacy Policy and any third party terms and conditions as provided in the platform; (c) your violation of any law or the rights of a third-party; and (d) any dispute or issue between you and any third-party, including any other Renter or Rental Manager user of the Service or any third-party vendor. Apartments.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with Apartments.com’s defense of that claim.
- DISCLAIMER.
THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE IS KNOWN TO APARTMENTS.COM), OR ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. APARTMENTS.COM DISCLAIMS ANY AND ALL LIABILITY TO ANY PERSON OR ENTITY FOR THE PROPER PERFORMANCE OF SERVICES. APARTMENTS.COM DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS COMPLETE OR FREE FROM ERROR OR WILL BE AVAILABLE 24 HOURS PER DAY, SEVEN DAYS PER WEEK, AND DOES NOT ASSUME, AND EXPRESSLY DISCLAIMS, ANY LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, INJURY, OR DAMAGE CAUSED BY ERRORS OR OMISSIONS IN THE SERVICE, WHETHER SUCH ERRORS OR OMISSIONS RESULT FROM NEGLIGENCE, ACCIDENT, OR OTHER CAUSE. APARTMENTS.COM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE LEGALITY OR PROPRIETY OF THE USE OF THE SERVICE IN ANY GEOGRAPHIC AREA. IN NO EVENT WILL APARTMENTS.COM HAVE ANY LIABILITY FOR EVENTS OR CAUSES BEYOND ITS REASONABLE CONTROL.
Apartments.com does not guarantee any result using the Service, including, but not limited to, receiving an application, an application being accepted, or a Rental Manager electing to accept payments through the Payment Portal. Apartments.com makes no guarantee with respect to the security or the effectiveness of the products.
- Limitation of Liability / Exclusive Remedy.
IN NO EVENT SHALL APARTMENTS.COM OR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR VENDORS (THE “APARTMENTS.COM PARTIES”) BE LIABLE FOR ANY LOSS, COST OR DAMAGE SUFFERED OR INCURRED BY THE CUSTOMER OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO YOUR USE OR ACCESS OR INABILITY TO USE OR ACCESS THE SERVICE, PAYMENT PORTAL OR ANY MATERIALS OBTAINED ON OR THROUGH THE SERVICE AND PAYMENT PORTAL, WHETHER BASED ON (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, EVEN IF APARTMENTS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCE WILL ANY OF THE APARTMENTS.COM PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING LOST PROFITS, EVEN IF SUCH DAMAGES ARE FORESEEABLE. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF THE APARTMENTS.COM PARTIES EXCEED THE AMOUNT ACTUALLY PAID OR PAYABLE BY RENTER OR RENTAL MANAGER, AS APPLICABLE, UNDER THIS AGREEMENT IN THE 3 MONTH PERIOD PRECEDING THE EVENTS GIVING RISE TO THE LIABILITY.
In addition, Apartments.com will not be liable in respect of the following: (a) any decisions made by you as a result of the performance of the Service, (b) any decisions made by you as a result of any transactions made by you using the platform or in reliance of the Service, or (c) your misuse of the Service, Payment Portal, platform or other material provided to you in connection with the Service.
- Choice of Law; Disputes.
These Terms and Conditions are governed in all respects by the laws of the District of Columbia, without reference to its conflicts of laws principles. The parties hereby agree that all claims arising under or related to these Terms and Conditions shall be brought exclusively in a federal or state court in the District of Columbia and hereby irrevocably consent to the personal jurisdiction of such courts.
- Relationship of the Parties.
By accepting these terms, Renters and Rental Managers agree as follows: (a) Apartments.com is acting as an independent contractor with respect to the Service. Neither Renter nor Rental Manager shall (i) be considered an employee or agent of the Apartments.com; nor (ii) have any authority under this Agreement to bind or otherwise obligate the Apartments.com on any matter whatsoever. Nothing contained in this Agreement shall be construed to imply a partnership, agency, or any other fiduciary relationship between the Apartments.com and Renter and Rental Manager. (b) Apartments.com will not be bound by the terms of any lease or other agreement entered into between a Renter and Rental Manager, and will not be liable for any breach of such agreement by either a Renter or Rental Manager. (c) Apartments.com will not be liable whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the platform. (d) In facilitating the delivery of emails/notices between Rental Managers and Renters in connection with the provision of other property management services, Apartments.com is merely acting as third-party service provider and in forwarding any emails or notices to Renters on behalf of Rental Managers, is not acting as a debt collector or agent on behalf of any Rental Manager. (e) In providing sample text for emails or notices to be sent, Apartments.com is not providing legal advice to any party, and strongly recommends that Rental Managers consult with an attorney prior to using any sample language. (f) By requesting any notices be sent to Renters, Rental Managers are affirming to Apartments.com and to Renters that: (i) Rental Managers have reviewed the content of the notices and have determined they are appropriate for Rental Manager’s purposes; (ii) are consistent with all applicable law; (iii) that Rental Managers direct Apartments.com to send the notices on their behalf, but not as their agent; and (iv) Rental Manager is deemed to be the author of the content of the emails and not Apartments.com. (g) In providing this Service, Apartments.com makes no rental decision regarding any application for housing, and is not the party determining the nature or amount of any outstanding lease obligation, including rental amounts, fees, deposits, etc.
- General.
You agree not to export from anywhere any part of the Service or the platform provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. Apartments.com reserves the right to change these Terms and Conditions at any time in its sole discretion on a going-forward basis. Apartments.com may notify you of such changes by any reasonable means, including by posting a revised Terms and Conditions on the platform. Any changes will be effective immediately upon posting the revised version of these Terms and Conditions on the platform. Your continued use of the Service after notice of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms and Conditions. You are responsible for regularly reviewing these Terms and Conditions. Subject to the right to opt-out as provided by Law, you consent to receipt of marketing and promotional materials from Apartments.com via facsimile, email or otherwise. If any part of these Terms and Conditions is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions will continue in effect. You shall not assign all or any part of this Agreement without Apartments.com’s prior written consent. The parties’ obligations hereunder are binding on their successors, legal representatives and assigns. Apartments.com’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms and Conditions, and all expressly incorporated agreements, constitute the entire agreement between you and Apartments.com and supersede all prior or contemporaneous communications of any kind between you and Apartments.com with respect to the Service. Sections 2-15 shall survive any termination or expiration of these Terms and Conditions.
