THIS AGREEMENT INCLUDES A DISPUTE RESOLUTION CLAUSE UNDER WHICH CERTAIN CLAIMS WILL BE RESOLVED BY ARBITRATION OUT OF COURT WITHOUT A JURY. PLEASE READ THE AGREEMENT CAREFULLY.
Zumper, Inc. (“Zumper”, “we” or “us”) operates this website and any related smartphone or mobile application (collectively, the “Website” or the “Site”) and the Zumper online real estate marketplace, including the “Zumper Pro,” “Zumper Select,” “Rent Payments” and “Pay Rent” services, offered through the Website (the “Services”). These terms and conditions are entered into by and between you and Zumper. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Agreement”), govern your access to and use of the Website and the Services, whether as a guest or a registered user.
The Website and the Services are offered and available to users who are 18 years of age or older. By using the Website or the Services, you, the user, represent and warrant that you are of legal age to form a binding contract with Zumper and meet all of the eligibility requirements set forth herein. If you do not meet these requirements, you must not access or use the Website or the Services. Each of Zumper's service clients may be subject to one or more separate written agreements with Zumper or with each other (each, a "Service Agreement"). This Agreement applies only to use of the Website and the Services and in no way affects the terms and conditions of any Service Agreement.
This version of this Agreement became effective on December 20, 2019 and amends, restates and replaces any version effective prior to such date. We reserve the right, in our sole discretion, to modify this Agreement, in whole or in part, at any time, with respect to your use of the Website and Services following amendment. Notification of any amendment will be posted on the Website and will be effective immediately. You are under an obligation to review the current version of this Agreement and other Zumper policies each time before using the Website or the Services. All amendments are effective immediately when we post them, and apply to all access to and use of the Website and the Services thereafter. Your use of the Website or the Services following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
To subscribe for certain Services and obtain access to password-protected areas of the Website, you must establish a Zumper account by providing us with current, complete and accurate information as prompted by the online enrollment form and by selecting a password, the confidentiality of which shall be your responsibility. You may not use anyone else’s Zumper account in connection with your use of the Services, or permit anyone else to use the Services or to access password-protected areas of the Website using your Zumper account. You agree to notify Zumper immediately of any actual or suspected unauthorized use of your Zumper account, or any other breach of security. Certain Services may be subject to fees charged by Zumper ("Fees") which will be identified at the point of purchase of such Services. Additional functionality and services may be offered or provided by us from time to time and these will be described on the Website. Services requiring Fees which have not been previously agreed upon will be notified to you, and your agreement to be responsible for any such additional Fees will be required, before any such additional Fees will be applied. We will charge your credit card for applicable authorized Fees and you understand that, once charged, such Fees are non-refundable. If Zumper does not receive payment from the issuer of the credit card associated with your Zumper account, you agree to pay all amounts due upon demand directly to Zumper, and Zumper further reserves the right to either suspend or terminate your Zumper account and your access to the Services in such circumstances.
If you purchase a subscription plan or agree to make recurring automatic payments by enrolling in our “AutoPay” service, your subscription or automatic payments will continue in effect and renew on a recurring basis, monthly or annually, unless and until you cancel your subscription or AutoPay. If you provide a credit card or other payment method accepted by Zumper and sign up for a monthly or annual paid subscription or enroll in AutoPay through the Website or the Services, you are expressly agreeing that Zumper (or our designated third-party payment processor) is authorized to charge your payment method for the applicable subscription fee or other payment (plus any applicable taxes) on a recurring monthly or annual basis, as applicable. Zumper reserves the right to change the terms of your subscription, including price, from time to time, effective as of the beginning of your next billing period following the date of the change. If Zumper changes the subscription fee or other charges for your subscription, we will give you advance notice of these changes. If you purchase a subscription from us with promotional pricing, it will renew at our standard non-promotional pricing unless you cancel your subscription prior to renewal (as may also be explained in more detail at the time of your purchase at the promotion pricing).
You must cancel your subscription or AutoPay at least twenty-four (24) hours before your next renewal or payment date (as applicable) in order to avoid the next billing (subscription) period. You may cancel your subscription or AutoPay by logging into your Zumper account and cancelling it there (if such functionality is provided therein), or you may send us written notice of cancellation to email@example.com specifying that you would like to cancel your subscription for the Services or AutoPay (as applicable). If you cancel your subscription or AutoPay, the cancellation will be effective upon your receipt of confirmation from Zumper of the cancellation.
The Website and the Services provide only a neutral online venue which landlords, landlord representatives, brokers, property managers, sub-lessors (collectively, “Listing Parties”) and potential renters can use to find and exchange information in connection with potential transactions involving real estate and, if they choose, to arrange transactions with one another. Zumper does not counsel parties to real estate transactions, assess the qualifications of potential tenants, show properties, or negotiate rental or sales contracts on or through the Website or Services. No brokerage relationship or any agency or fiduciary relationship is intended to be or shall be deemed to have been created between Zumper and any user of the Website or Services. Additionally, real estate transactions are complicated and are governed by various laws, practices and customs. Users are advised to seek the help of a licensed real estate professional and/or a real estate attorney to help in the negotiation and completion of any real estate transaction.
We have no control over the conduct of our users or the truth or accuracy of the information that users post on the Website. We do not endorse any persons who use or register for our Services, whether as renters or Listing Parties. We make no verification of information that any user submits to the Website. We make no representations about properties advertised on the Website, about the Listing Parties responsible for presenting such properties, about the accuracy of information provided by such Listing Parties, or about the financial capabilities of, or the accuracy of information provided by, prospective renters.
The Website may from time to time provide the opportunity for you to order, purchase, or receive services from third parties, for example, for the conduct or results of credit, eviction, criminal record, or background checks. You agree that Zumper is not a principal, partner, joint venturer or agent (other than for purposes of collection or refund of payments) in connection with the provision of such services, and that you will look solely to such third parties in connection with the provision of such services.
Although we may offer features through the Services (including through third-party service providers we engage) which are intended to assist Listing Parties and potential renters to assess the appropriateness of, and to negotiate and consummate transactions among themselves, Zumper does not conduct any screening, background investigations or credit checks on any individual's character, creditworthiness or rental history, nor any investigations of the existence or actual state of any property listed. All aspects of transactions between users of the Website and Services, including the existence, quality, safety or legality of the properties advertised, the truth or accuracy of listings, the ability of Listing Parties to rent a property or the ability of renters to pay for rental properties are solely the responsibility of each user and therefore users of the Website and the Services should perform all appropriate due diligence, including visiting in person any listed property, before entering into a rental contract or any other transaction with respect to such property. We strongly discourage renters from sharing sensitive confidential information directly with purported Listing Parties, or wiring funds to such parties, based solely on electronic solicitations from such parties.
All of the foregoing acknowledgements and conditions apply with equal force to the Zumper Select service, which, among other things, enables users to place a 24-hour hold on select properties (the “Select Service”) pursuant to our arrangements with the party or parties controlling such properties. If you submit a “holding deposit” and your rental application is accepted, but you decline to enter into a rental agreement, your holding deposit will be forfeited. If your application is declined or if there are unacceptable conditions, then upon request your holding deposit will be returned. If your application is accepted and you enter into a rental agreement, then you can either apply the holding deposit towards your security deposit or have it refunded upon payment of the security deposit. No brokerage relationship or any agency or fiduciary relationship is intended to be or shall be deemed to have been created between Zumper and any user of the Select Service. Additionally, all users of the Select Service should be aware that placing a 24-hour hold on a desired property does not bind the Listing Party, and does not guarantee that you will be the only potential renter permitted to tour the property during such 24-hour period.
When you use Zumper Services, you are giving your prior express consent (“Opting In” or your “Opt-In”) to have Zumper send SMS text messages to you consistent with these Terms and Conditions, including these terms.? In particular, by Opting In, you agree with and accept the following terms:
When you provide Zumper with your email address, you are giving Zumper your express consent to send you emails, including marketing emails.? You may opt-out of receiving marketing emails at any time by clicking the opt-out link at the bottom of an email, or by contacting us at firstname.lastname@example.org and specifying that you would like to opt-out of receiving marketing emails.
All software used on the Website is proprietary to us or to third parties, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or reduction of such software to human-readable form is prohibited.
The Zumper name, the Zumper logo, and all related names, logos, product and service names, designs and slogans are registered or unregistered trademarks of Zumper or its affiliates or licensors, and may not be used in connection with any service or products other than those provided by Zumper, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Zumper. Any use of such marks, or any others displayed on the Website, will inure solely to the benefit of their respective owners.
The Website and Services are the property of Zumper. Except as expressly provided below in the case of User Data (as defined below), all the data, information, text, images (including video), designs, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on or made available through the Website, and any of the foregoing sent to you by e-mail or other means (collectively, the "Site Content") are owned by Zumper, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Zumper authorizes you to use the Services and access, view, use, download and print the Site Content subject to the following conditions:
Except as expressly permitted above, modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Services, the Site Content, or any portion of the Site Content, is strictly prohibited without the prior written permission of Zumper. If you violate any of the foregoing conditions, your right to use the Services and the Site Content will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or the Site Content is transferred to you, and all rights not expressly granted are reserved by Zumper. Any use of the Services or the Site Content not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws. You agree, and represent and warrant, that your use of the Services, the Website and the Site Content, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Services, the Website, the Site Content or your use of them, and you will be solely responsible for your own individual violations of any of them.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time:
You are solely responsible for all data that you upload or transmit with us through the Website or the Services (collectively, the “User Data”). Do not transmit User Data for which you do not have permission to send to Zumper. You are responsible for creating backup copies of any User Data. By providing us with User Data you:
Zumper is under no obligation to edit or control User Data that you transmit, and will not be in any way responsible or liable for User Data or your use of it. Subject to the rights granted to us in this Agreement, you own all of your User Data and any intellectual property rights associated with your User Data.
Zumper reserves the right, in its sole discretion:
You acknowledge that Zumper has no obligation to do any of these things.
Even after you remove information from your profile or delete your account, we may retain certain information to prevent identity theft and other misconduct even if deletion has been requested. Removed and deleted information may persist in backup copies indefinitely, but will not be available to others.
In connection with your use of the Website and Services, you agree that you shall comply with any written policies and procedures for the Website and Services set forth at http://www.odatria.com/terms-and-conditions.
Listing Parties and Others Listing Property: You are entitled to list a property for rent ("Property") only if you own the Property, or if you are acting as the managing agent or broker for the Property, or if you have the right to sub-let a Property without violation of the head lease. You may list a Property for as long as the Property remains available for rent. You must promptly remove the Property listing from the Services if it is no longer available for rent. Zumper may establish limits on the maximum time that listings will remain on the Services, and Zumper shall have no liability or responsibility for the deletion or failure to store any listing. By listing a Property, you represent and warrant to Zumper that:
Renters: You are entitled to provide through the Services electronic rental applications, or offers through offer boards, if any, to Listing Parties with respect to Properties only if you meet any applicable tenant qualifications specified on the Services and you have the bona fide intention to rent the Property if it is offered to you. If your offer to a Listing Party through any such offer board is successful and your rental application, including any electronic rental application submitted through the Services, is approved by the Listing Party, you will be obligated to enter into a lease with such Listing Party and to pay in full any associated deposits to Zumper and/or to such Listing Party. You acknowledge and agree that you are solely responsible for the payment of any deposit required and that no negotiation is possible concerning the terms of any rental agreement applicable to a property once the offer board in connection with such property has closed.
Our “Rent Payments” and “Pay Rent” services (collectively, the “Rent Payment Platform”) enable renters to make rent and other related payments to Listing Parties using functionality made available through the Website and Services. If you are a Listing Party or renter and use the Rent Payment Platform, you acknowledge and agree that the terms of this Section 9 shall apply to you. Zumper uses Stripe, a third-party payment platform, to process renters’ credit and debit card transactions and make periodic payments to Listing Parties’ bank accounts that are connected via Stripe Connect. If you are a Listing Party and use our Rent Payment Platform, you expressly understand and agree that Zumper shall not be liable to you for our failure to collect fees from renters arising out of any failure of Stripe. The services provided by Stripe are subject to the?Stripe Connected Account Agreement, which includes the?Stripe Terms of Service?(collectively, the “Stripe Services Agreement”). By agreeing to these Terms and Conditions or continuing to operate as a Listing Party, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Zumper enabling payment processing services through Stripe, you agree to provide Zumper accurate and complete information about you and your listings, and you authorize Zumper to share with Stripe transaction information related to your use of the payment processing services provided by Stripe.
If you are a renter and use our Rent Payment Platform, you agree that if you use a credit or debit card to make a rental payment, Zumper may charge you a processing fee in the amount specified at the time of the transaction, which fee will be added to the amount of such rental payment. If any payment you initiate using the Rent Payment Platform does not successfully complete, the applicable Listing Party reserves the right to seek payment from you via or outside the Rent Payment Platform. In addition, your Listing Agent may permit you to opt-in for recurring automatic rent payments. Any authorization you provide to make recurring automatic payments using the Rent Payment Platform will remain in effect until cancelled.
You shall not:
You acknowledge that, to the extent you intend to use, or do in fact use, the Services for purposes of obtaining or using sensitive information concerning potential tenants, including but not limited to credit scores, eviction history, background checks, and criminal history, you are solely and exclusively responsible for complying with the laws of any relevant jurisdiction. You acknowledge that some laws, including local municipal and state laws, may limit or prohibit your ability to obtain, store, process, or use such information in any way, including in housing or rental decisions, regardless of whether you obtain that information directly or through a third party. You acknowledge that Zumper is not responsible, and you will not hold Zumper responsible, for informing you of whether, or to what extent, such laws may apply to your attempt to obtain or use such information, and agree to indemnify and hold Zumper harmless in the event your attempt to obtain or use such information is in fact not permitted in a relevant or applicable jurisdiction.
In the event that you submit ideas or suggestions for the Website, Site Content or Services ("Services Comments"), the Services Comments will be deemed, and will remain, the sole property of Zumper. None of the Services Comments will be subject to any obligation of confidence on the part of Zumper, and Zumper will not be liable for any use or disclosure of any Services Comments. Without limiting the foregoing, Zumper will be entitled to unrestricted use and other exploitation of the Services Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Services Comments.
BY USING THE WEBSITE OR SERVICES, YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF OTHER USERS WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR USER OR USERS WHO CAUSED YOU HARM. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE WEBSITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY POTENTIAL OR CONSUMMATED TRANSACTION), AND IN CONSIDERATION OF OUR PROVISION OF THE SERVICES, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE ZUMPER AND EACH OF ITS AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE WEBSITE OR SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." YOU AGREE TO INDEMNIFY AND HOLD ZUMPER (AND EACH OF OUR OFFICERS, DIRECTORS, AND EMPLOYEES) HARMLESS FROM ANY THIRD-PARTY CLAIM, DEMAND, ACTION, DAMAGE, LOSS, COST OR EXPENSE, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES OR ALLEGING FACTS OR CIRCUMSTANCES THAT, IF TRUE, COULD CONSTITUTE YOUR BREACH OF ANY OF THESE TERMS. WE WILL CONTROL ANY SUCH DEFENSE AND RELATED SETTLEMENT AND YOU AGREE TO REASONABLY ASSIST US THEREWITH AT YOUR EXPENSE.
The Website and Services are operated by Zumper from the United States, and Zumper does not represent or warrant that use of the Website or Services is lawful in other jurisdictions. All matters arising from or relating to this Agreement, the Website or to the use and operation of the Services shall be governed by the substantive laws of the State of California, without regard to its conflicts of laws principles. Without derogation of the obligation to arbitrate set forth in Section 17 below, you and we agree to submit to the personal jurisdiction of the state and federal courts located in San Francisco, California. The Uniform Computer Information Transactions Act shall not apply to this Agreement. If you gain access to the Services from locations outside the United States, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Services or Site Content in violation of U.S. export laws or regulations.
All disputes arising out of or relating to this Agreement, the Website or the Services shall be resolved exclusively by binding arbitration before a single arbitrator (the “Arbitrator”) in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”) then in effect (for information on the AAA and its rules, see www.adr.org.) and the further procedures set forth herein, 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. The arbitration shall be conducted in San Francisco, California, unless the Arbitrator shall determine that that venue is not reasonably convenient to all parties, in which case the Arbitrator shall determine another venue that is. In the event that the AAA is unavailable or unwilling to administer the arbitration, and the parties are unable to agree to a substitute, a substitute shall be appointed by the court. The Arbitrator shall have authority to issue any and all remedies authorized by law. The right and obligation to arbitrate under this § 15 shall extend to any claim by or against a party’s officer, director, employee, shareholder, affiliate, agent, or contractor. The arbitrator may render early or summary disposition of any or all issues of fact or law, after the parties have had reasonable opportunity to make submissions on those issues. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 2 et seq. Notwithstanding any rules of the AAA to the contrary, any claims shall be adjudicated on an individual basis only, and YOU WAIVE ANY RIGHT TO BRING ANY CLAIM AS A REPRESENTATIVE OF A PROPOSED CLASS, ON AN AGGREGATED OR MASS BASIS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO CONSOLIDATE ARBITRATION PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES THERETO. Any award rendered by the Arbitrator shall be final, conclusive and binding upon the parties hereto. In connection with any arbitration proceeding pursuant to this Agreement, unless the Arbitrator shall determine otherwise, each party shall bear its own costs and expenses. Notwithstanding the foregoing, you may at your option file an individual claim in any small claims court for disputes or claims within the scope of its subject matter jurisdiction if such court has personal jurisdiction and the case remains in small claims court. Zumper does not hereby waive any defense that such jurisdiction may be lacking in your state. Without derogation of the parties’ obligation to arbitrate as set forth herein, for any claims other than those in small claims court, jurisdiction for any court proceedings arising out of or relating to this Agreement, the Website or the Services shall be vested exclusively in, and venue shall be laid in, the state or federal courts sitting San Francisco, California except that, following confirmation of an arbitration award in a state or federal court in San Francisco, California, a judgment arising therefrom may be executed in any court of competent jurisdiction.
No delay or omission by Zumper in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by Zumper of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, "including" means "including but not limited to" If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and Zumper regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You shall not assign or transfer this Agreement or any right or obligation hereunder to any third party. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a "signing" for all purposes.
Zumper complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material posted on the Website you may contact our Designated Agent at the following address: Zumper, Inc. c/o DMCA Agent, 555 Montgomery Street #1300, San Francisco CA 94111, Email: DMCAagent@zumper.com
Any notice alleging that materials hosted by or distributed through the Website infringe intellectual property rights must include the following information:
If material that you have posted to the Website has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following:
Maponics Neighborhood Boundaries ?Maponics 2019 – Duplication is Strictly Prohibited.