ezLandlord, Inc., Disclaimer, License and Liability Notice

DISCLAIMER

ezLandlordForms is a do-it-yourself forms website that may or may not offer other services such as tenant screening. It is not a law firm and our products and services are not a substitute for the advice of an attorney or licensed legal professional. We recommend that you contact an attorney or licensed legal professional in your jurisdiction with ANY legal questions you may have regarding a lease, form or your landlord-tenant relationship. ezLandlord, Inc. and ezLandlordForms and any of its subsidiaries are not engaged in providing legal advice or representation, nor is information provided through ezLandlordForms to be substituted for the advice of an attorney or legal professional licensed to practice law in your jurisdiction.

Landlord-tenant laws vary in each jurisdiction. Using ezLandlordForms is completely at your own risk. All forms and/or services offered through the website are provided without any warranty, express or implied, as to their legal effect and completeness.

ezLandlord, Inc., has contacted attorneys, lawyers and legal professionals from various jurisdictions to obtain information. All of these attorneys, lawyers and legal professionals, however, have provided that information as a guide and resource ONLY, and do not warrant any information they have provided or provide, nor are they creating an Attorney-Client or Attorney-Attorney or Lawyer-Client or any legal relationship by providing forms or other information on this site.

By using ezLandlordForms, you agree that the forms and other products may only be used for your personal use or use for your clients and may not be sold or redistributed without the written consent of ezLandlord, Inc. ezLandlord, Inc., its officers and/or agents, will prosecute all violations of ezLandlordForms.com, proprietary rights and of any other violation of this agreement to the fullest extent permissible under applicable state, federal and/or international law.

ADDITIONAL TERMS

IMPORTANT NOTICE

By enrolling in auto renewal when submitting a payment, you agree to participate in the Auto Renewal program subject to the following terms and conditions which constitute an agreement between you and ezLandlord, Inc. and may be updated periodically by ezLandlord, Inc. in its sole discretion with or without notice:

By enrolling in the Auto Renewal program, you are authorizing ezLandlord, Inc. to initiate automatic deductions for the full amount of your regularly scheduled bill from your selected financial institution or charges for the full amount to your credit or debit card. When units or properties are added to the account, the recurring charge may increase as described on the pricing page. The automatic payment will be deducted on the due date of your bill. You may revoke your participation in Auto Renewal enrollment online, in writing or by calling ezLandlord, Inc. Customer Service. Any withdrawals not honored by your financial institution, or charges refused by your credit card network, may be subject to returned payment charges.

Most questions and concerns regarding the Auto Renewal program can be resolved by contacting ezLandlord, Inc. customer service. In the unlikely event that ezLandlord, Inc. is unable to resolve any concern to your satisfaction, we agree that if there is any dispute related to the Auto Renewal program, the dispute shall be settled by arbitration as described below (Agreement to Arbitrate).

Except as otherwise provided herein, if any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. The failure by ezLandlord, Inc. to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and ezLandlord, Inc. with respect to the Auto Renewal program.

ALL USERS OF ezLandlordForms.com, IN USING THE WEBSITE AND THE PRODUCTS AND OTHER MATERIALS THEREON, AGREE WITH THE THESE TERMS AND CONDITIONS. DO NOT USE THIS SITE OR THE PRODUCTS AVAILABLE THEREON, IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS.

The Website, ezLandlordForms.com, and all related websites as well as all products available thereon, are the sole property of ezLandlord, Inc., its agents and assigns, as well as any other company or companies it may specifically designate in writing. Reproduction, in whole, or in part, of the sites or the products, without written consent of the owner, is strictly prohibited.

Use of the sites and the products of ezLandlord, Inc., are subject to these terms, conditions, licenses and disclaimers:

License to Use

The ezLandlord, Inc. websites may be used for your personal use but may not be copied, sold or distributed to other persons. The materials available on the ezLandlordForms may not be republished, nor may they be reverse engineered, translated, modified or used to make derivative information or materials.

In no event will ezLandlord, Inc., nor any of its officers, directors or associates be liable for any damages in any manner, whether direct, indirect, special, general, consequential, or for alleged lost profits, or otherwise -- that might result from any use of or reliance on any form or service offered.

ezLandlord, Inc., its officers and/or agents, will prosecute all violations of ezLandlordForms.com, proprietary rights and of any other violation of this agreement to the fullest extent permissible under applicable state, federal and/or international law.

You are granted a non-exclusive personal license to use the products for your personal use only.

By using Tenant Screening services from ezLandlordForms, Landlords are agreeing to the Terms and Conditions from TransUnion for Landlords and Applicants agree to the Terms and Conditions from TransUnion for Applicants

Disclaimer of Warranties and Liabilities

THE MATERIALS AVAILABLE ON THE SITES ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL EZLANDLORD, INC., OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF EZLANDLORD, INC., HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR HAS REASON TO BELIEVE SUCH A SITUATION MAY EXIST OR BE LIKELY TO EXIST.

EACH USER OF THIS SYSTEM ASSUMES ALL PERSONAL AND PROFESSIONAL RESPONSIBILITY AND RISK FOR THE USE OF THESE MATERIALS. EZLANDLORD, INC., AND ITS OFFICERS AND EMPLOYEES DO NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY MATERIAL ON THE SITES. EZLANDLORD, INC., WILL NOT BE LIABLE FOR ANY COMPENSATORY, SPECIAL, DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL DAMAGES, PUNITIVE, EXEMPLARY DAMAGES OR ANY OTHER DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE MATERIALS, HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHERWISE, AND WHETHER OR NOT EZLANDLORD, INC., HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN EZLANDLORD, INC.'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00). THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THESE LIMITATIONS SHALL ALSO APPLY IN THE EVENT ANY SINGLE PROVISION SHALL BE FOUND TO BE INVALID. THE INVALIDITY OF A SINGLE PROVISION IN ANY DOCUMENT SHALL NOT ABROGATE THE FORCE AND EFFECT OF THE REMAINDER OF THE PROVISIONS. EZLANDLORD, INC., RETAINS THE RIGHT TO MODIFY OR CHANGE ANY PROVISIONS OF ANY OF THESE DOCUMENTS ON THE WEBSITE WITHOUT ALTERING THE FORCE AND EFFECT OF THE REMAINDER OF THE DOCUMENT OR DOCUMENTS.

Please be aware that specific legal issues and remedies vary jurisdiction to jurisdiction. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or the limitation of duration of an implied warranty, so the limitation or exclusion herein may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from in your specific jurisdiction.

AGREEMENT TO ARBITRATE (United States only)

The parties agree to submit any dispute arising under this agreement, with the exception of disputes alleging criminal or statutory violations, to binding arbitration in accordance with the Rules of the Better Business Bureau (Binding). A volunteer BBB arbitrator will render a decision that the arbitrator considers to be fair; in doing so, the arbitrator is not required to apply legal principles. The arbitrator's decision will be final and binding on both you and us, and judgment on the decision may be entered in any court having jurisdiction. All administrative fees for the arbitration will be paid by the business. Further information about BBB arbitration may be obtained by calling the BBB Serving New Jersey at 609-588-0808. This Agreement to Arbitrate affects important legal rights. Neither of us will be able to go to court for disputes that must be arbitrated.

Rental Payment Service User Terms

By using the Rental Payment Service you agree to these Rental Payment User Terms, ezLandlord's General Terms of Use and Privacy Policy as well as Dwolla's Terms of Service and Privacy Policy.

Rental payment services are offered by ezLandlord as a facilitation service only. In providing the rental payment service, ezLandlord does not act as a broker, property manager, payment processor, legal advisor, money transmitter, payment manager, or credit reporting agency. ezLandlord does not independently verify any renter or property manager, does not review credit or background checks and does not make any representations or warranties as to the timeliness or sufficiency of rents paid using the service. You should consult with a licensed attorney if you have any questions about your local laws or the legal implications of online rental payments.

To use the rental payment service, you must be a registered ezLandlord user and you may be required to verify your identity with our third-party vendors. Specifically:

In order to use the payment functionality of our application, you must open a "Dwolla Platform" account provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in or transferred through the Dwolla Account are held or transferred by Dwolla's financial institution partners. You must be at least 18 years old to create a Dwolla Account. You authorize us to collect and share with Dwolla your personal information including full name, [date of birth, social security number, physical address,] email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla Account through our application, and Dwolla account notifications will be sent by us, not Dwolla. We will provide customer support for your Dwolla Account activity, and can be reached at ezlandlordforms.com, support@ezlandlordforms.com and/or (877) 367-6771.

You agree to only use the rental payments services in connection with residential property rental transactions.

Furthermore, you agree to:

  1. Use the rental payment service in compliance with all applicable laws, and all legal notice and disclosure requirements as provided in our third-party vendors' agreements, including, without limitation, the Fair Credit Reporting Act and the Fair Housing Act;
  2. Comply with the terms of ezLandlord's third-party vendor services;
  3. Use the rental payment services only on your own behalf, and not transmit any information received through the rental payment service to third parties;
  4. Provide ezLandlord, upon request, with the details of all transactions processed by you through the rental payment service;
  5. Use the rental payment service only in connection with residential properties within the United States, and only using a payment method issued in the United States;
  6. Charge a renter only as legally authorized under a written agreement between you and a renter;
  7. Not use the rental payment 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;
  8. Not attempt to circumvent any transaction limits set by ezLandlord;
  9. Not submit a request for payment through the rental payment service for any fee incurred by a renter at a time prior to use of the rental payment service, or otherwise to settle outstanding debts, or as otherwise prohibited by local laws;
  10. Not submit any false or fraudulent information through the rental payment service, or otherwise use the rental payment service for false or fraudulent purposes;
  11. Not rely on any feature of the rental payment service in lieu of legal advice from a licensed attorney.

By making or receiving payments through the rental payment service, you grant ezLandlord and our third-party vendors 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 the rental payment service. You agree to your personal and financial information being transferred, stored, and processed by our third-party vendors.

Termination. You may terminate your account at any time by contacting support@ezlandlordforms.com. 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 rental payment services. ezLandlord may in its sole discretion terminate your account on the rental payment service or suspend or terminate your access at any time for any reason, with or without notice, including if: (i) you fail to pay any amount to ezLandlord when due; (ii) we determine that you pose a financial, reputational or regulatory risk to ezLandlord or any third party; or (iii) we are required to do so by any third party. ezLandlord may alter, suspend or discontinue the rental payment services without notice.

Indemnification. You agree to indemnify, defend, and hold harmless ezLandlord, 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 rental payment service; (b) your breach of these terms; (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.

Limitation of Liability/Exclusive Remedy: In no event will ezLandlord or any of its affiliates be liable for any indirect, consequential, special, incidental, or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of, based on, or resulting from the rental payment service.

Choice of Law; Disputes: These Rental Terms are governed by the laws of the State of Florida, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction and venue in the state and federal courts sitting in Lee County, Florida for any and all disputes, claims and actions arising from or in connection with the rental payment service.

If any part of the rental payment service terms 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 will continue in effect.