Terms and Conditions
www.LeaseRunner.com (“Site”). This Agreement contains many important provisions regarding
your obligations as a Site visitor or user. You should save a copy of this Agreement for your records.
1. THE SITE
- Site. The Site is operated by LeaseRunner, Ltd. (“LeaseRunner”). The Site has a public section, available to any internet user, as well as a secure section, accessible only by registered customers. Any reference to the Site includes the public and restricted sections of the Site.
- Agreement. This Agreement governs your use of the Site, including your use of any of LeaseRunner’s property management services (“Services”), which are described in Section 7 below. Any reference to the Site also includes the Services. Your use of the Site constitutes your acknowledgement and acceptance of this Agreement. If you do not accept this Agreement, you may not access or otherwise use the Site.
2. AUTHORITY AND CAPACITY
You represent and warrant the following:
- You are at least 18 years old;
- You have the power, authority, and capacity to be bound by this Agreement;
- You are using the Services for only legitimate property management business activities;
- You have the authority to use all Services to which you have been granted permissions; and
- Any information you provide is true, accurate, and complete.
In addition to the representations and warranties made in Section 2.A above, if you are acting on behalf of a company or entity, you also represent and warrant the following:
- You have the legal authority to bind the company or entity to this Agreement. After you digitally accept this Agreement, if LeaseRunner learns that you do not have the legal authority to bind the company or entity, you shall be personally responsible for the obligations contained in this Agreement including but not limited to payment obligations; and
- Your use of the Services is at the company or entity’s direction and with its full knowledge.
3. INTERNET ACCESS REQUIRED
- Access. The Services are offered and accessed via the Site. In order to use the Site, you must have internet access. You shall provide all equipment necessary for internet access. LeaseRunner’s minimum system requirements are posted in the Site’s FAQs. LeaseRunner is not responsible for any malfunctions, errors, crashes, or other adverse events that may occur during your visit to or use of the Site.
- Risk. You acknowledge and assume all risks associated with conducting online transactions. The risks include but are not limited to unauthorized use resulting from login criteria not kept secure by you, failure to log out and close the browser window after accessing the Site, and other situations where access to the Site may be gained in ways not preventable by LeaseRunner.
- Security. You shall use a username and password, and/or other security and authentication techniques as LeaseRunner may require from time to time, for utilizing the Services and accessing your account. It is your responsibility to establish a strong username and password, change them regularly, and keep them secure and confidential. If you believe that your password has been lost or stolen or the security of your account has been compromised, you agree to immediately notify your account owner or call LeaseRunner at (303) 468-8018. In the event of unauthorized use of your username and password, you may be liable for resulting losses to the extent permitted by law.
You shall provide all information required by LeaseRunner for your user and account settings. You shall update your information as necessary so that it remains true, accurate, and complete. It is solely your responsibility to keep your email address and contact information up to date.
5. GENERAL USE OF SITE; RULES OF CONDUCT
- General Use. You shall use the Site in accordance with the terms of this Agreement, the information and instructions provided in the Site (including but not limited to FAQs, tool tips, videos, or other instructions), and any applicable laws and regulations. You are responsible for learning how to use the Site; LeaseRunner encourages you to review the FAQs, videos and other instructional information on the Site, or you may call customer service at (303) 468-8018 for assistance. You shall not use the Site in any way that violates this Agreement or any applicable law or regulation.
Rules of Conduct.
LeaseRunner reserves the right to take any appropriate action, including immediately terminating an account without notice, if LeaseRunner becomes aware of any use of the Site which it believes violates any law or is otherwise wrongful. You shall not communicate any information or material through the Site that
- is defamatory, libelous, indecent, obscene, fraudulent, threatening, abusive, or invades another person’s privacy, proprietary or any other legal rights;
- contains any viruses, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt the Site or the proper functioning of any software, hardware, equipment or materials used in connection with the Site; or
- is bulk unsolicited advertising, promotional information, email, or other solicitation, including without limitation junk mail, “spam,” chain letters or pyramid schemes of any sort.
6. SITE AVAILABILITY
- Availability. Although the Site is generally available 24 hours a day, seven days a week, your access to the Site may be interrupted due to maintenance or other circumstances beyond LeaseRunner’s control. The Site is subject to transmission limitation or interruption. You acknowledge and agree that access to the Site may not be available on a continuous basis and that the Site is subject to periodic downtime to permit hardware and/or software maintenance to take place.
- Modification; Discontinuation. LeaseRunner may discontinue the Site, whether temporarily or permanently, or otherwise supplement, change, or modify the Site’s appearance and/or any features or functions, in any way, in whole or in part, at any time for any reason without notice.
- Session Inactivity. After you have logged on to the secure section of the Site, LeaseRunner may log you off the Site if there are extended periods of inactivity or the session runs for an extended period of time.
At this time, the Services are available only to customers in the United States, excluding territories and possessions. LeaseRunner provides the following property management Services:
- Rental listing ad creation and publication;
- Digital rental application;
- Tenant screening;
- Lease and electronic signature creation and storage; and
- Electronic payment collection.
Rental Listing Ad Creation and Publication.
- In General. You create rental listing ads by entering text, data, images, video links, and other information (collectively, “Listing Content”) into LeaseRunner. You are solely responsible for the Listing Content you enter into LeaseRunner. LeaseRunner does not automatically publish your Listing Content to rental listing sites. You are responsible for manually publishing your listing ads to the rental ad sites provided in LeaseRunner.
- License. You represent and warrant that you have the right to grant and assign LeaseRunner a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable worldwide license to copy, perform, display, prepare derivative works from and otherwise use any Listing Content that you enter into LeaseRunner. By submitting your Listing Content into LeaseRunner, You grant LeaseRunner a non-exclusive, worldwide, sub-licensable, royalty-free license and right to display, distribute, syndicate, reproduce, modify, store, deliver, and otherwise use your Listing Content.
- Digital Rental Application. LeaseRunner provides a digital rental application that you may use to gather information for your evaluation of prospective tenants and to obtain authorizations for Screening Services (defined in Section 7.D below). You are responsible for obtaining proof of identity from all prospective tenants.
- In General. LeaseRunner provides personal background check and personal eviction screening services (“Screening Services”) in conjunction with third-party credit bureaus. The Screening Services can be integrated with the rental listing ad creation and publication described in Section 7.B above and the digital rental application described in Section 7.C above, or used separately. For you to receive Screening Services results, the prospective tenant first must authorize the requested Screening Services and then either you or the prospective tenant must pay for the Screening Services. The Screening Services results will appear in your account under the “Applicant Details” page, and will be available for you to view for approximately 30 days, as determined by the third-party credit bureau. After this time limit, your ability to view the results of the Screening Service(s) will expire. You are responsible for downloading, printing, or otherwise storing Screening Services results beyond the 30 day window.
Use of Screening Services.
You agree that any Screening Service:
- will be used solely in connection with a present or prospective credit or financial transaction with the entity inquired upon or for other legitimate commercial purposes;
- will not be used as a factor in establishing an individual’s eligibility for (1) credit or insurance to be used primarily for personal, family or household purposes, or (2) employment;
- will be used in compliance with all applicable laws, regulations and ordinances, and all special use restrictions set forth in this Agreement or adopted by a credit bureau and/or LeaseRunner hereafter; and
- will be maintained in confidence and disclosed only to persons whose duties reasonably relate to the business purposes for which the information was requested.
Lease and Electronic Signature Creation and Storage.
- In General. You may create your own leases and related documents, or you may use the standardized forms provided by LeaseRunner. LeaseRunner provides complimentary standardized forms for your convenience, but these forms are not legal advice. Please refer to the Legal Advice Disclaimer in Section 13 below for further information about the standardized forms.
- Content. You are solely responsible for the entire content of any lease and any other document you use or create, including spelling, grammar, and legality.
- Attorneys. LeaseRunner strongly encourages you to add your attorney as a user to your account to review and make any changes necessary to ensure that the documents you use are tailored to your individual needs.
- E-Signature. LeaseRunner uses a third-party provider to email the lease and any related documents to you and your tenant(s) for electronic signature.
- E-Storage. Once the lease and any related documents are fully executed, LeaseRunner stores the PDF it receives from the third-party provider in your account.
Electronic Payment Collection.
- General. LeaseRunner allows your tenants to pay rent and other fees by automated clearing house (“ACH”). Through the LeaseRunner Tenant Payment Center, LeaseRunner collects tenant ACH payments into an escrow account, confirms the availability of funds (in LeaseRunner’s sole discretion), and then forwards the payments to you via ACH, net of any applicable fees. All ACH transactions are completed in United States dollars (USD).
- Bank Account Required. LeaseRunner organizes the collection of rent and other fees by individual property. To collect rent and other fees at one of your properties, you must enter your bank account information into a property’s account settings. The necessary bank account information includes but is not limited to bank name, ABA routing number, and account number. You cannot collect rent and other fees through LeaseRunner unless you enter the necessary bank account information into the property settings. It is your responsibility to ensure that your bank account information is accurate and complete. Bank account settings can be adjusted only by those users with permission access to account settings. It is your responsibility to regulate which of your authorized users have access to account settings.
- ACH Authorization. By entering your bank information into the property account settings, you authorize LeaseRunner to initiate recurring debit and credit entries to your bank account. You acknowledge that the origination of ACH transactions to your account must comply with U.S. law. You authorize LeaseRunner to debit your bank account for any outstanding amounts you owe, including but not limited to late charges, non-sufficient funds charges, returned item charges, and other fees. LeaseRunner may, without prior notice or demand, obtain payment of any amount due and payable to it under this Agreement by debiting any of your bank accounts. You shall at all times maintain a balance of available funds in each bank account sufficient to cover your payment obligations under this Agreement. This authorization shall remain in full force and effect until you revoke your authorization.
- Revocation of ACH Authorization. You may revoke your ACH authorization for a property by deleting your bank account information from the property account settings. You may also revoke authorization by providing written notice to LeaseRunner; however, doing so can take two weeks or longer from receipt by LeaseRunner. If you revoke your ACH authorization for a property, you agree to do so at such time when you have no pending transactions to the bank account. Your revocation of authorization when transactions are pending could result in delays to your receipt of funds and additional charges owed by you to LeaseRunner. You are responsible for any costs or damages related to the timing of revoking or changing a property’s bank account information.
- Posting of Tenant Payments. Unless you and your tenant have an explicit, written agreement otherwise, you agree to recognize the date a tenant initiates a payment transaction in the Tenant Payment Center as the posting date of payment, rather than the date that LeaseRunner transfers payments to the property bank account.
- Transaction Fee. LeaseRunner charges a transaction fee for processing a tenant’s ACH payment made in the Tenant Payment Center. On the “Edit Unit” page, you must choose whether you or the tenant is responsible for the transaction fee charges. You warrant to LeaseRunner that your transaction fee charge allocation choice conforms to your agreement with your tenant. You are solely responsible for your transaction fee charge allocation choice, including any errors in allocation and any damages that result thereof. LeaseRunner has no responsibility or obligation to refund any transaction fee charges that have been allocated incorrectly between you and your tenant.
- Timing of Payment Collection. LeaseRunner may wait until it has received confirmation of available funds before it transfers the net payment amount to the property bank account. LeaseRunner makes no guarantees regarding the timing of payments.
- Returned Items. A tenant’s ACH payment is subject to return risk including but not limited to non-sufficient funds. In the event of returned items, you shall indemnify LeaseRunner for all costs. In the event of a returned item, LeaseRunner’s collection process stops, and LeaseRunner is not responsible for further collection efforts.
LeaseRunner shall not be obligated to honor, in whole or in part, any transaction or instruction that
- is not in accordance with any term or condition of this Agreement;
- LeaseRunner has reason to believe may not be authorized by you or any other person whose authorization LeaseRunner believes is necessary;
- involves funds or other property subject to a hold, dispute, restriction or legal process LeaseRunner believes prevents the transaction or instruction;
- would violate any applicable law, rule or regulation; or
- LeaseRunner has other reasonable cause not to honor for its or your protection.
8. PAYMENT FOR SERVICES
- In General. You pay for Services by credit card. Pricing and payment for all Services are in United States dollars (USD). You agree to make payments according to your credit card agreement. All payments are non-refundable. Please refer to the Site FAQs for Services pricing information. LeaseRunner expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you.
- Promotional Price Expiration. You may receive certain promotional pricing for a Service. Please refer to the “Service Pricing” page under your account settings for more information and expiration dates.
9. WARRANTY DISCLAIMER
- “As Is” and “As Available.” The Services and Site Material (defined in Section 13 below), including all content, software, functions, materials and information accessed by any means thereof, are provided “as is” and on an “as available” basis, without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, or warranties of non-infringement to the fullest extent permissible by law.
- Additional Warranty Disclaimers. LeaseRunner makes no warranties that the Services will meet your requirements. LeaseRunner does not warrant or guarantee the accuracy, usefulness, reliability, timeliness, legality or completeness of the Site, including any of the Services or Site Material. You expressly agree that your use of the Services is at your sole risk, and that LeaseRunner makes no warranty that security breaches will not occur. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you shall be solely responsible for any damage to your equipment or loss of data that results from the download of such material and/or data. This paragraph shall survive termination of this Agreement.
- Screening Services. LeaseRunner, its third-party providers of Screening Services (i.e., credit bureaus) and the credit bureaus’ sources do not guarantee or warrant the accuracy, completeness, currentness, merchantability or fitness for a particular purpose of the Screening Services, data or the media on which the data is provided, and shall not be liable to you for any loss or injury arising out of or caused in whole or in part by LeaseRunner’s, the credit bureaus’ or the credit bureaus’ sources’ acts or omissions, whether negligent or otherwise, in procuring, compiling, collecting, interpreting, reporting, communicating or delivering the data or Screening Services. In no event shall LeaseRunner, a credit bureau or a credit bureau’s sources be liable to you or any third party for any indirect, incidental, consequential or special damages (including but not limited to damages to business reputation, lost business or lost profits), whether foreseeable or not, and however caused, even if LeaseRunner, the credit bureau or the credit bureau’s sources are advised of the possibility of such damages. This paragraph states LeaseRunner’s, the credit bureaus’ and the credit bureaus’ sources’ entire liability and the sole remedy of the customer in connection with the provision of the data and Screening Services.
- Online Payment Collection. LeaseRunner does not make any guarantees or warranties on the timing of the online payment collection Service described in Section 7.F above.
10. LIMITATION OF LIABILITY
You assume all risk and responsibility for your use of the Site. Under no circumstances shall LeaseRunner or its affiliated entities, members, managers, officers, employees or agents be liable for any damages incurred as a result of your providing inaccurate information for purposes of the Services. LeaseRunner shall not be liable if
- you, or anyone you allow, commits any fraud or violates any law or regulation;
- any electronic terminal, telecommunication device or any part of the electronic fund transfers system is not working properly, or if availability or performance of the service is limited due to scheduled system maintenance;
- you have not properly followed the instructions for using the Site; or
- circumstances beyond LeaseRunner’s control (such as fire, flood, computer virus, power outage or improper transmission or handling of payments by a third party) prevent any payments or other information exchanges, despite reasonable precautions taken by LeaseRunner.
You acknowledge and agree that LeaseRunner shall not be liable for any damages associated with your use of the Services, including without limitation any interruption, termination, or discontinuation of or error in the Services under any circumstances, including but not limited to LeaseRunner’s negligence. LeaseRunner shall not be liable to you for any claims, damages, losses, obligations, costs or expenses or other liability arising directly or indirectly from or otherwise pertaining to the following:
- any termination, suspension, delay or disruption of your internet service;
- any failure, delay, disruption or malfunction of the Site, the internet or any communications network, facility or equipment beyond LeaseRunner’s reasonable control;
- any damages arising from your failed attempts to access the Site;
- any damages arising from a third-party Service provider; or
- any damages arising from any failure to transmit, obtain or collect data or for human, machine or software errors or faulty or erroneous input by you. This limitation of liability includes, but is not limited to, the transmission of any viruses that may affect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems, or any force majeure.
- Listing Ad Creation and Publication. LeaseRunner shall not be liable to you for any damages associated with your creation or publication of Listing Content.
- Screening Services. If, notwithstanding Section 9.B above, liability can be imposed on LeaseRunner, a credit bureau or a credit bureau’s sources, then you agree that the aggregate liability for any or all losses or injuries to the customer in connection to anything to be done or furnished related to the Screening Services, regardless of the cause or the loss or injury (including negligence) and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed the amount paid to LeaseRunner for the affected Screening Services. You covenant and promise that you will not sue LeaseRunner, or any credit bureau or its sources, for an amount greater than such sum and that you will not seek punitive damages in any suit against LeaseRunner, a credit bureau or a credit bureau’s sources.
- E-Signature. LeaseRunner uses a third-party electronic signature provider. LeaseRunner shall not be liable for any damages associated with electronic signature.
- Online Payment Collection. LeaseRunner shall not be liable for any damages associated with online payment collection if circumstances beyond LeaseRunner’s control (such as fire, flood, computer virus, power outage or improper transmission or handling of payments by a third party) prevent the payment, despite reasonable precautions taken by LeaseRunner.
- Consequential and Liquidated Damages. To the fullest extent permissible by law, under no circumstances shall LeaseRunner be liable for any direct, indirect, incidental, special or consequential damages, whether based in contract, tort (including negligence), strict liability, or otherwise, resulting from the use or the inability to use the Site, including but not limited to, damages for loss of profits, use, data, goodwill or other intangibles, even if LeaseRunner has been advised of the possibility of such damages. Notwithstanding any other provision of this Agreement, the maximum liability LeaseRunner has for damages shall not exceed the aggregate amount of fees paid by you for the individual Service affected. You and LeaseRunner both agree that the provisions of this section are of the essence of these conditions and that absent such limitation of liability, neither party would have entered into this Agreement.
You agree to defend, indemnify, and hold harmless LeaseRunner and its affiliated entities, managers, members, officers, employees, and agents, from and against all claims and expenses, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to your use of the Site or any breach of this Agreement by you.
You agree that LeaseRunner may immediately terminate this Agreement and your user account, without notice to you, if
- you, or any authorized user, breach this Agreement or any other agreement with LeaseRunner;
- LeaseRunner has reason to believe that there has been an unauthorized use of your account or if you conduct or attempt to conduct any fraudulent, illegal, or unlawful transaction;
- you have not accessed or used the Services in more than 13 months from the date of your last use; or
- you have not had any active leases for 13 months.
- Information Purged. If LeaseRunner terminates your user account pursuant to Section 12.A above, LeaseRunner may permanently purge all information and data stored in your account, including but not limited to property history, tenant information, documents, reports and any affiliated users. LeaseRunner has no obligation to maintain or return any information or data you have stored in your user account.
13. LEGAL ADVICE DISCLAIMER
LeaseRunner is not a law firm. All materials, information and Services provided on or through the Site (“Site Material”) are not under any circumstances to be considered or used as legal advice. “Site Material” includes but is not limited to the standardized forms, FAQs and blog entries. Site Material provides general information but does not provide individualized information or advice. Your use of the Site Material does not create any sort of attorney-client relationship. You should contact a qualified attorney licensed to practice in your state for legal advice tailored to your specific needs.
14. LINKS TO THIRD-PARTY SITES
The Site provides links to third-party websites mainly through the blog and FAQs. LeaseRunner does not endorse any third-party site. These links are provided merely for your convenience and general information. LeaseRunner is not an agent or broker or otherwise responsible for the activities or policies of such third-party websites. Any third-party website is subject to LeaseRunner’s legal and warranty disclaimers provided in this Agreement.
15. INTELLECTUAL PROPERTY
Site Material may be protected by intellectual property laws relating to copyrights and marks, and other similar laws. You shall not reproduce duplicate, copy, sell, resell, visit, or otherwise exploit for any commercial purpose any Site Material, without the express prior written consent of LeaseRunner.
You shall pay all applicable taxes related to your use of the Site, including any applicable state or local use tax.
17. DISPUTE PROCESS
- Cure Period. If you have any controversy or claim arising from or relating in any way to this Agreement, including any claims under any statute or regulation (“Dispute/s”), you shall immediately provide written notice to LeaseRunner. LeaseRunner shall then have 30 days from the date it receives your notice to attempt to cure the Dispute. You must give LeaseRunner at least 30 days to cure the Dispute before proceeding to alternative dispute resolution as discussed in Section 17.B below.
Alternative Dispute Resolution.
- Mediation. If a Dispute cannot be cured under Section 17.A above, the Dispute shall then be submitted to non-binding mediation. The parties shall be responsible for paying their respective shares of the mediation fees.
- Arbitration. If the Dispute is not resolved through mediation under Section 17.B(i) above, the Dispute shall then be submitted for binding arbitration. Unless the parties agree to otherwise, any mediation and/or arbitration shall take place in Boulder County, Colorado, and shall be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
- Restrictions on Arbitration. Disputes shall be arbitrated on an individual basis. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public or other persons or entities similarly situated. The arbitrator’s authority to resolve Disputes and to make awards is limited to Disputes between you and LeaseRunner alone, and is subject to the limitations of liability set forth in this Agreement. Furthermore, Disputes brought by either you or LeaseRunner against the other party may not be joined or consolidated in arbitration with Disputes brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision on any Dispute shall be given preclusive effect as to issues or claims in any dispute with anyone who is not a party to the arbitration.
- Costs of Arbitration Proceedings. The parties will be responsible for paying their respective shares of the arbitration fees (including filing, administrative, hearing and/or other fees) as provided by AAA rules.
Jurisdiction and Venue; Governing Law.
- In General. In the event a Dispute cannot be settled under Section 17.B above, the Dispute will be tried only in the state or federal courts situated in Boulder County, Colorado. You consent to jurisdiction, including in personam, and venue in those courts to the greatest extent possible under law. Subject to Section 17.B above, all Disputes will be governed by the internal laws of the State of Colorado, without considering Colorado choice of law provisions. Any conflict or apparent conflict between this Agreement and Colorado law will be resolved in favor of this Agreement except as otherwise required by Colorado law.
- Attorney’s Fees. The prevailing party in an action under this Section 17.C shall recover reasonable attorney’s fees and court costs.
18. NOTICE PROVISIONS
- Email. You agree that LeaseRunner may send notifications to the email address you provide in your user account. You may email notifications to email@example.com.
If physical mail service is required under applicable law,
- LeaseRunner may send notifications to the physical address(es) you provide in your user account; and
you may send notifications to LeaseRunner at the following address:
Attn: Legal Department
908 Main St. Ste. 350
Louisville, CO 80027
Numbers and titles to the sections of this Agreement are for information purposes only and, where inconsistent with the text, are to be disregarded.
Each of the terms and provisions of this Agreement is severable in whole or in part, and any term or provision found to be invalid or illegal and unreformable by the court will be excised by the court, and the remaining terms and provisions will not be affected and will remain in full force and effect.
21. SUCCESSORS AND ASSIGNS
You shall not assign this Agreement, whether voluntarily or by operation of law, without LeaseRunner’s prior written consent. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective heirs, successors, and assigns.
The failure of either party to enforce any rights granted by this Agreement or to take action against the other party in the event of any breach hereof shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
23. AGREEMENT SUBJECT TO CHANGE
LeaseRunner, in its sole discretion, reserves the right to change the terms of this Agreement at any time without prior notice or liability to you. Any changes will be effective upon posting to the Site.
24. ENTIRE AGREEMENT
This Agreement represents the entire agreement between you and LeaseRunner, and it supersedes any prior written or oral agreement.