TERMS & CONDITIONS

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

PropertEASE, LLC (hereafter referred to as “PropertEASE”, “we”, “us”, “our”, or “the Company”) provides an online platform that connects Landlords, Renters, and Service Providers (collectively “Site Users”). This includes facilitating certain aspects of the rental and property management process, including but not limited to the payment processing, completion of background checks, and registration for utilities via third parties (collectively, the “Services”). These Services are accessible at https://propertease.io/ and any other websites or applications through which PropertEASE makes the Services available (collectively, the “Site”).

By browsing the Site, completing the registration process, and/or clicking the “I Accept” button, you represent and warrant that (1) you have read, understood, and agree to be bound by these terms and conditions of these Terms of Services, (2) you are of legal age to form a binding contract with PropertEASE, and (3) you have the authority to enter into the Terms of Services personally or on behalf of the entity you have named as the user, and to bind that entity to these terms. The term “You” refers to the individual or legal entity, as applicable, identified as the user when you registered on the Services. If you do not agree to these terms, you may not use the Site or Services.

The following outlines the Services, and corresponding terms:

  1. The Services allows landlords to post properties to a network of property listing websites; set up online rental applications for their properties; potential tenants to request property viewings, submit rental applications and request background checks; landlords and tenants to e-sign lease agreements; tenants to make online rent payments; tenants and landlords to manage maintenance issues; landlords to track financial performance; and service providers the ability to find new potential clients. In the future, you’ll be able to do even more on PropertEASE.
  2. Using the site to post your property for rent to the network of property listing websites is a service provided by a third-party and may not be available for all users or at all times for various reasons, including reasons beyond our control or about which we may not have specific information. If you are unable to post, edit, or remove your property listings, you may contact info@propertease.io for assistance.
  3. We are not a real estate agent or broker. We don’t screen properties or listings or offer any guaranty or advice regarding the suitability of properties, landlords, or potential tenants. Nothing we say should be construed as such advice, and you agree not to rely on us in making decisions on anything at all.
  4. We allow landlords to request a background check report from prospective tenants using the Site. When a landlord makes such a request, we will give the prospective tenant the option to order a the background check report and to share it with the requesting landlord. Tenants may also choose to request this service without being prompted by a landlord. To provide this portion of the Service, we may ask for your Social Security Number and other personally identifying information (such as information about other creditors you have had), which we will share with our third-party background check provider for the purposes of preparing and sharing reports and verifying your identity, and which we will not store (except than on a temporary basis) or use for any other purpose.
  5. If you are a landlord requesting a credit report or a background check report from a prospective tenant, you certify that you are making such request, and will use such report, for the purpose of your own evaluation of the prospective tenant in connection with that tenant’s rental application and for no other purpose. If you are a tenant ordering a credit report or background check report, you certify that you are ordering such report, and will use such report, for the purpose of furnishing the report to a prospective landlord in connection with your rental application and for no other purpose. You agree not to share any credit report or background check report obtained through PropertEASE with anyone other than as allowed using the sharing mechanism on the PropertEASE Site.
  6. Credit-report and background check-report functionality is provided by a third-party vendor and may not be available for all users or at all times for various reasons, including reasons beyond our control or about which we may not have specific information. If you are unable to order, share, request, or view a background check report using the Service, you should contact the person requesting or being asked to provide the report via the contact information he or she has listed on PropertEASE to discuss the matter directly. You may also contact us at info@propertease.io for assistance.
  7. We are not a credit bureau and do not control the contents of background check reports, including reports obtained through the Site. We are NOT responsible for the contents of any credit report or background check report or any credit score, whether correct or incorrect. Credit reports and background check reports can contain information that is incorrect, incomplete, or not up to date, and reports are not a substitute for carefully reviewing and independently verifying all information contained in a rental application and interviewing a prospective tenant. If you believe that any information contained in your credit report or background check report is inaccurate or incomplete, you have the right to dispute it. To dispute the contents of your background check report, please contact Naborly via email or telephone as described on your background check report.
  8. If you are a landlord requesting or accepting background check reports, you specifically agree to familiarize yourself and comply with the Fair Credit Reporting Act and any applicable state laws governing the use of consumer reports. To the extent you rely in any way on the contents of a report in taking an adverse action against an applicant (such as denying an application or requiring a co-signer or higher deposit), you are required to furnish the applicant with an adverse action notice as described in this document, even if the contents of the report played only a small role in your decision. Note that for purposes of background check reports, Naborly is the applicable Consumer Reporting Agency.
  9. If you are a landlord, by requesting or viewing a background check report using the Services, you additionally represent and warrant the following: (1) that you have never been involved, and will not become involved, in any credit fraud or other unethical business practice and that you will immediately discontinue all use of the Services (and any reports and other information obtained via the Services) and notify us if you are ever involved in any such fraud or practice; (2) that your request for any background check report using the Services, and your use of any background check report obtained through the Services, is lawful and solely for the purpose of evaluating a prospective tenant’s rental application; and (3) that you will not provide a copy of any report obtained through PropertEASE, or any information contained in such a report, to any other party. You agree to indemnify, defend, and hold harmless us and our affiliates, agents, officers, employees, and vendors (including without limitation our background check providers and their respective affiliates, agents, officers, and employees) from any claim arising out of or relating to your breach of the foregoing representations and warranties.
  10. We use third-party identity verification services to help ensure that users are who they say they are prior to enabling certain features of the Services, such as electronic payments and the ordering and requesting of background check reports. Once your identity has been verified, we may also display a badge or other indicator to let other users know that you’ve successfully completed the verification process. However, we neither control nor guarantee the accuracy of any identity verification service (and none can prevent all scams), so you should always take the same precautions in dealing with others through our Site that you would in person.
  11. PropertEASE eSignature functionality facilitates the execution of document sharing and signing between the parties to those documents. Nothing in these Terms of Services may be construed to make PropertEASE a party to any document processed through PropertEASE esignature, and PropertEASE makes no representation or warranty regarding the transactions sought to be effected by any such document.
  12. Landlords, tenants, and service providers have exclusive control over and responsibility for the content, quality, and format of any document shared via the Site. Documents stored by PropertEASE on the Site are maintained in an encrypted form, and DocuSign has no control of or access to their contents.
  13. Certain types of agreements and documents may be excepted from electronic signature laws, or may be subject to specific regulations promulgated by various government agencies regarding electronic signatures and electronic records. PropertEASE is not responsible for determining whether any particular document is (a) subject to an exception to applicable electronic signature laws; (b) subject to any particular agency promulgations; or (c) whether it can be legally formed by electronic signatures.
  14. PropertEASE is not responsible for determining how long any contracts, documents, and other records are required to be retained or stored under any applicable laws, regulations, or legal or administrative agency processes. Further, PropertEASE is not responsible for providing documents to third parties.
  15. Certain consumer protection or similar laws or regulations may impose special requirements with respect to electronic transactions involving one or more “consumers,” such as (among others) requirements that the consumer consent to the method of contracting and/or that the consumer be provided with a copy, or access to a copy, of a paper or other non-electronic, written record of the transaction. PropertEASE does not and is not responsible to: (a) determine whether any particular transaction involves a “consumer;” (b) furnish or obtain any such consents or determine if any such consents have been withdrawn; (c) provide any information or disclosures in connection with any attempt to obtain any such consents; (d) provide legal review of, or update or correct any information or disclosures currently or previously given; (e) provide any such copies or access, except as expressly provided in the Documentation for all transactions, consumer or otherwise; or (f) otherwise to comply with any such special requirements; and
  16. Site Users undertake to determine whether any “consumer” is involved in any document presented by its owner for electronic processing, and, if so, to comply with all requirements imposed by law on such documents or their formation.
  17. PropertEASE will send and store electronic documents per these Terms of Services. However, PropertEASE may set and enforce limits for reasonable use in order to prevent abusive or unduly burdensome use of eSignature functionality. Site Users may retrieve and store copies of documents for storage outside of the Site at any time during the term when Site User is in good financial standing under these Terms, and may delete or purge documents from the Site at its own discretion.
  18. PropertEASE may, at its sole discretion, delete uncompleted documents from the Site immediately and without notice upon expiration of any defined subscription term. PropertEASE assumes no liability or responsibility for a party’s failure or inability to electronically sign any documents within such a period of time
  19. PropertEASE may delete an account and corresponding customer data, including without limitation documents (whether complete or not), upon the expiration of the subscription term or for any violation of these Terms of Services.
  20. PropertEASE may retain transaction data for as long as it has a business purpose to do so.
  21. When submitting reviews and rating on the Site, you are solely responsible for your reviews and ratings; PropertEASE may, in its sole discretion, choose to remove or not to remove reviews and ratings once published; you will not submit any reviews that may be considered by PropertEASE to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable; all of your reviews and ratings will either be based upon your actual first-hand experiences with Landlords, Tenants, or Service Providers you are reviewing; all of your reviews and ratings of Service Providers that you are rating will be accurate, honest, truthful, and complete in all respects; you have not received any form of compensation to post reviews and ratings; you will submit thorough and thoughtful reviews; you will not submit reviews that comment on other users or the reviews of other users; you will not submit reviews with hyperlinks.
  22. The reviews and ratings that you provide do not reflect the views of PropertEASE, its officers, managers, owners, employees, agents, designees or other users.
  23. PropertEASE does not endorse and is not responsible or liable for any content, data, advertising, products, goods or services available or unavailable from, or through, any third party or Service Provider. You agree that should you use or rely on such content, data, advertisement, products, goods or services, available or unavailable from, or through any third party or Service Provider, PropertEASE is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Service Provider, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Provider exclusively and do not involve PropertEASE. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers.
  24. PropertEASE is currently free for landlords, service providers, and tenants; however, there there are certain services, as outlined below, which may have specific fees. f we ever change our fees or introduce new features that have additional fees, we’ll let you know first via email or the Site. If you don’t want to pay the new fees, you can cancel service anytime. We don’t offer refunds for fees you’ve already paid.
  25. Paying rent with PropertEASE from your checking account (via the ACH network) is free for tenants. Landlords will pay a fee of either $1 or 0.1%, whichever is greater, for each rent payment collected (e.g., $1 for $1,000 rent payment).
  26. Payments by credit/debit card involve a processing fee of 3.25%, which will be added to the amount of your payment.
  27. Tenants will be required to pay a fee to our third-party vendor for background checks. This
  28. You must be 18 years old to use PropertEASE.
  29. You must be a human. Accounts registered by “bots” or automated methods of access are not permitted. No screen-scraping, reproducing, or aggregating the information or other content on our site.
  30. Use of the Services do not give you ownership of any intellectual property rights in the Services or any content posted on the Services. You own what you post on the Services (unless you copied it from someone else) but you grant us a license to copy, host, display, create derivative works from, publish, publicly perform, display, and distribute, and otherwise make use of in connection with providing the Services, all information and content you post so long as you have an active account. If you are a landlord and authorize us (by checking the appropriate box or boxes on our site) to syndicate your rental listing on third-party sites, you further agree that we may grant sublicenses to applicable third parties as necessary to facilitate such syndication.
  31. You must provide your full legal name, a valid email address, and any other information requested in order to complete the signup process. You are also responsible for keeping your email address up to date, so we can send you important notices.
  32. Your account may only be used by one person. A single account shared by more than one person is not permitted.
  33. You are responsible for keeping your password and account secure.
  34. You are responsible for the accuracy of everything that is posted or submitted under your account.
  35. We are not responsible for the accuracy of anything another user posts or submits to our site.
  36. We are not responsible for the conduct of users on or off the site. Use common sense when doing business with other users.
  37. You may not use the Services for any illegal purpose. You may not, in using the Services, violate any laws in your jurisdiction or ours, or infringe the rights of anyone (ours or third parties). You may not use the Services as part of any fraudulent scheme or transaction. If we have reason to suspect your account has been used for an unauthorized or illegal purpose, you agree that we may share information about you, your account, and any of your transactions with law enforcement.
  38. You may not post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Site and Services or any activities conducted on the Site and Services.
  39. If you are a landlord, you agree in particular that you are familiar with all applicable fair-housing and antidiscrimination laws and that you will adhere to them. You also agree that the contents of any listings you post on or link to from PropertEASE will be accurate and not misleading.
  40. You may not abuse, harass, threaten, impersonate, or intimidate other PropertEASE users.
  41. You also may not post anything on PropertEASE that contains or links to sweepstakes, viruses, or malware.
  42. If you violate any of the Terms of Services, we may terminate your account without notice.
  43. We reserve the right to modify or terminate the Services for any reason, without notice, at any time.
  44. We reserve the right to alter these Terms of Services at any time. We’ll notify you on the Site or via email of important changes, but you should also check back here from time to time if you care about such things. You’re free to cancel or discontinue using the Services at any time without penalty. Your continued use of the Services following a change to these Terms of Services constitutes acceptance of the change.
  45. If we change our pricing, we will give you at least 30 days’ notice, via the Site or email.
  46. We reserve the right to refuse service to anyone for any reason (or no reason), and likewise to suspend or discontinue your use of the Services at any time for any reason or no reason. In particular (and just by way of example), we may terminate or suspend your account if you engage in fraudulent or illegal conduct, provide inaccurate, incomplete, false, or misleading information, or otherwise violate these Terms of Services or any of our policies, or if we determine, in our sole discretion, that your use of the Services poses an unacceptable credit or fraud risk to us.
  47. If you wish to cancel your account, you must do so via the Site. An email or phone request to cancel your account will not be processed.
  48. If you cancel your account, any or all of your information may be immediately (or at some point in the future) irrevocably deleted. You should save a copy of anything important before cancelling your account.
  49. Conversely, information you post or otherwise furnish to us, including personal information, may remain on our servers indefinitely (for example, as backups) after you delete it from public areas of the Services or request cancellation of your account.
  50. If you are a landlord, you agree to indemnify, defend, and hold harmless us and our affiliates, agents, officers, employees, and vendors (including without limitation our third-party background check providers and their respective affiliates, agents, officers, and employees) from any claim, suit, action, or loss arising from or relating to your use of the Services or your violation of these Terms of Services (collectively, any “Claim”), including any liability or expense arising from claims, losses, damages, suits, judgments, civil or criminal fines or other penalties, litigation costs, and attorneys’ fees.
  51. The Services are provided “as-is” without promises of any kind. Neither we nor our suppliers warrant or guarantee uptime or availability of the Services, that the Services will meet or continue in the future to meet your needs, or that we will continue to provide the Services or any aspect of the Services in the future. To the maximum extent permitted by law, we disclaim all warranties for the Services, including without limitation the implied warranties of merchantability, fitness for a particular purpose, seaworthiness, and non-infringement.
  52. To the maximum extent permitted by law, we will not be liable responsible for lost profits, revenues, or data, financial losses, or indirect, special, consequential, exemplary, or punitive damages. To the maximum extent permitted by law, our total liability for any claim relating to the Services or these Terms of Services, including any claim for any implied warranty, is limited to the amount you paid to us to use the services.
  53. If you violate any of these Terms of Services and we don’t take action right away, that doesn’t mean we are waiving any of our rights. If you want to sue us, you must do so in the state or federal courts located in Florida, and you consent to personal jurisdiction in those courts. Florida law (excluding Florida's conflict of laws rules) will apply to any such disputes between you and PropertEASE. If any part of these Terms of Services are held to be invalid or enforceable, the rest of the Terms of Services will still apply.
  54. PropertEASE shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
  55. Arbitration; Class Action Waiver.

  56. Please read this Arbitration Agreement carefully. It is part of your contract with PropertEASE and affects your rights. It contains procedures for mandatory binding arbitration and a class action waiver (“Arbitration Agreement”).
  57. Applicability of Arbitration Agreement. Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at info@propertease.io. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction (or if we have not been able to resolve a dispute we have with you after attempting to do so informally), we each agree that any dispute, claim or controversy arising out of or relating to these Terms of Services or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site (collectively, “Disputes”) will be settled by binding individual arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
  58. The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by individual arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court.
  59. You acknowledge and agree that you and PropertEASE are each waiving any right they may have to participate as a plaintiff or class member in any purported class action or representative proceeding and that the arbitrator may not otherwise preside over any form of any class or representative proceeding. Further, unless both you and PropertEASE otherwise agree in writing, the arbitrator may not consolidate more than one person's claims. If this specific paragraph is held unenforceable, then the entirety of this Arbitration Agreement section will be deemed void. Except as provided in the preceding sentence, this “Arbitration Agreement” section will survive any termination of these Terms.
  60. Arbitration Initiation Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Florida and will be selected by the parties.
  61. The arbitrator will render an award. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
  62. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

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