Terms and Conditions

THE TERMS AND CONDITIONS OF Rental Investor

Last Modified: Jun 15, 2017

Terms of Service

Otter Group, LLC dba Rental Investor (including its various affiliates and subsidiaries, “Rental Investor”) provides a collection of tools and resources to forecast real estate investments and other services (collectively, the “Services”). The following are the terms and conditions for use of the Services (the “Terms”), along with any amendments thereto and any operating rules or policies that may be published from time to time by Rental Investor. You agree that you have read and understand, and have the capacity and authority to accept, agree to and be bound by these Terms.

  1. Service and Terms
    1. The Services are provided subject to these Terms and any operating rules or policies that Rental Investor may publish from time to time (collectively, the “Agreement”). Rental Investor may make changes or modifications to this Agreement at any time, and such changes or modifications are effective immediately upon the earliest of (a) Rental Investor’s email notification to you advising you of such changes or modifications, (b) your electronic acceptance of this Agreement after such changes or modifications have been made to this Agreement as indicated by the “Date of Last Revision” date at the top of the Terms, or (c) your continued use of the Services after Rental Investor posts the updated Agreement to Rental Investor.com. In addition, when using particular Rental Investor services, Customer and Rental Investor will be subject to any posted guidelines or rules applicable to such Services that may be posted from time to time.
    2. The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services.
    3. Customer must complete a registration form in order to use the Services. Customer will provide true, accurate, current, and complete information about Customer as requested in the registration form, and will update the information to keep it current. As part of the registration process, Customer will identify an email address and password for Customer’s Rental Investor account. Customer is responsible for maintaining the security of Customer’s account, passwords, and files, and for all uses of Customer’s account and of the Services in Customer’s name. Rental Investor reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
  2. Restrictions and Responsibilities
    1. This is an Agreement for Services, and Customer is not granted a license to any software by this Agreement. Customer will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of or included in the Services or any software, documentation or data related to the Services (“Software”); modify, translate or create derivative works based on the Services or any Software; or copy (except for archival purposes), distribute, pledge, assign or otherwise transfer or encumber rights to the Services or any Software; or remove any proprietary notices or labels.
    2. Customer represents, covenants, and warrants that Customer will use the Services only in compliance with these Terms, Rental Investor’s published privacy policies or otherwise furnished to Customer (the “Privacy Policy”) and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). Customer may not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email to any third party. Customer hereby agrees to indemnify and hold harmless Rental Investor and its Content Providers and the respective directors, officers, employees and agents of each against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing. Although Rental Investor has no obligation to monitor the content provided by Customer or Customer’s use of the Services, Rental Investor may do so and may remove any such content or prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
    3. For every email message sent in connection with the Services, Customer acknowledges and agrees that the recipient has agreed to receive such communication and that Customer will not engage in the act of sending unsolicited emails.
    4. In using the varied features of the Services, Customer may provide information (such as name, contact information, or other registration information) to Rental Investor. Rental Investor may use this information and any technical information about Customer’s use of this website to tailor its presentations to Customer, facilitate Customer’s movement through this website, or communicate separately with Customer. Rental Investor will not provide information to companies Customer has not authorized, and Rental Investor will not authorize the companies that get such information to sell and redistribute it without Customer’s prior consent.
    5. Customer acknowledges and agrees that: (a) the Services including without limitation, any modifications, enhancements and updates, and any originals and copies thereof, in whole or in part, and all intellectual property rights therein (collectively, “Proprietary Information“) are owned by Rental Investor and/or its third party sponsors, partners, and other co-branders (collectively, “Content Providers“), (b) the Proprietary Information contains valuable copyrighted material and is protected by U.S. and international copyright and other intellectual property laws, (c) the Proprietary Information is licensed, rather than sold, to Customer pursuant to these Terms, and (d) Customer has no rights in the Proprietary Information, other than the rights and licenses granted to Customer herein.
    6. Rental Investor Trademarks. “Rental Investor” and our logos (both words and design) either are trademarks, service marks, or registered trademarks of Rental Investor or its Content Providers, and may not be copied, imitated or used, in whole or in part without Rental Investor’s prior express written consent or that of our Content Providers. In addition, all page headers, custom graphics, design and user interface elements, and scripts are service marks, trademarks, and/or trade dress of Rental Investor and may not be copied, imitated, or used, in whole or in part without our prior written permission, which consent may be withheld in our sole discretion. All other marks or logos not owned by Rental Investor are the property of their respective owners.
    7. Reservation of Rights. Except for the rights expressly granted to Customer pursuant to these Services, Customer acknowledges that it has no right, title or interest in or to this website, the Services or Proprietary Information. All rights not expressly granted by Rental Investor in these Terms are hereby reserved by Rental Investor. There are no implied rights.
  3. Term and Termination
    1. Customer may terminate this Agreement at any time.
    2. Rental Investor may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Rental Investor will have no liability to Customer or any third party because of such termination.
    3. Upon termination or expiration of this Agreement by either party for any reason, (a) Rental Investor will cease providing the Services, (b) you will not be entitled to any refunds of any usage fees or any other fees, pro rata or otherwise and (c) any outstanding balance owed to Rental Investor for your usage of the Services through the effective date of such termination or expiration will immediately become due and payable in full. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, warranty disclaimers and limitations of liability.
    4. Upon termination or expiration of this Agreement by either party for any reason, Rental Investor may delete any Customer archived data within 30 days after the date of termination.
  4. Fees and Payment
    1. Fees. In consideration of the Services provided, Customer will pay Rental Investor all fees due according to the prices and terms listed on this website. Rental Investor reserves the right to modify its pricing and terms at any time, and such changes or modifications will be posted on this website and effective immediately upon the next renewal, billing period, upgrade or downgrade of the Services with and/or without notice to Customer.
    2. Payment. A valid credit card is required for accounts to process payment. Rental Investor will automatically charge Customer’s credit card on file based on Customer’s purchases and Services. All payments and deposits must be payable in U.S. currency and checks must be drawn on U.S. banks made payable to Rental Investor solely. If payment and/or deposit are made with a credit card and/or debit card, you fully authorize these charges for the deposit and/or any payments made.
    3. Disputed Charges/Billing Inquiries. It is Customer’s obligation to review all charges for accuracy. Customer has 30 days from the date of billing to contact Rental Investor and/or dispute the charge. Failure to do so within the specified time frame will constitute Customer’s agreement that all charges are valid and Customer thereby waives any claims it may have had regarding such charge.
    4. Refund Policy. All sales with Rental Investor are final and non-refundable.
  5. Prohibited Practices
    1. Misrepresentation of Transmission Information. Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
    2. Viruses and Other Destructive Activities. Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for Customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
    3. Hacking. “Hacking” and related activities are prohibited. “Hacking” includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
    4. Anonymous Proxies. Rental Investor does not allow the use of anonymous proxy scripts on its servers. They can be very abusive to the server resources, affecting all users on that server. Customer will not access or copy any portion of the Services through any automated viewing, downloading or crawling systems.
    5. Other Illegal Activities. The use of the Services to engage in any activity that is determined by Rental Investor, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting, selling or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable online privacy laws. Rental Investor will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
    6. Other Activities. This list of prohibitions provides examples of prohibited conduct, and is not intended to be a complete or exclusive list of all prohibitions. Engaging in any activity that, in Rental Investor’s sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, Rental Investor’s business, operations, reputation, goodwill, customers and/or customer relations, or the ability of Rental Investor’s customers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of Customer to cooperate with Rental Investor in correcting or preventing violations of these Terms by, or that result from the activity of, a customer, patron, subscriber, invitee, visitor, or guest of Customer constitutes a violation of these Terms by Customer. Without limiting the rights and remedies available to it, Rental Investor reserves the right in its sole discretion, to suspend or terminate Customer’s access to its account and the Services, with or without notice, and to take any other action that Rental Investor determines in its sole discretion is necessary as a result of any behavior by Customer that is illegal, inappropriate, disruptive to this website, the Services, or to any other user of this website or the Services, or which otherwise breaches these Terms. Rental Investor may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required, or otherwise in Rental Investor’s sole discretion, Rental Investor will cooperate with law enforcement agencies in any investigation of alleged illegal activity conducted using this website or the Services. These prohibitions do not require Rental Investor to monitor, police, remove or reject any Customer Content or other information submitted by Customer or any other user.
  6. Backup Storage
    1. Rental Investor offers its Services to host ecommerce websites, not to store data. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of Services without prior notice. For its own operational efficiencies and purposes, Rental Investor from time to time backs up data on its servers, but is under no obligation or duty to Customer to do so under these Terms. IT IS SOLELY CUSTOMER’S DUTY AND RESPONSIBILITY TO SEPARATELY BACKUP CUSTOMER’S FILES AND DATA WHICH MAY RESIDE ON RENTAL INVESTOR SERVERS. UNDER NO CIRCUMSTANCES WILL RENTAL INVESTOR BE LIABLE TO ANYONE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY FOR LOSS OF CUSTOMER’S FILES AND/OR DATA ON ANY RENTAL INVESTOR SERVER.
  7. Projections  
    1. Any projections regarding the future included in Rental Investor’s website present the best estimate of Rental Investor as of the date they were prepared. Some of the assumptions used in the forecasts will inevitably turn out to be wrong to some degree and there may be significant differences between the projected and actual results. Also, unanticipated events and circumstances may occur and change the actual results. The actual results will vary from the forecast and the variation may be material and Rental Investor shall not be responsible with respect to the achievement of any projections included in Rental Investor’s information or communications, whether implied or specific. Information provided on the site is believed to be reliable when posted, but there is no guarantee that it is accurate or complete or current at all times.
  8. Miscellaneous
    1. WARRANTY DISCLAIMER. CUSTOMER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT ITS USE OF THIS WEBSITE AND THE SERVICES FOUND AT THIS WEBSITE WILL BE AT ITS OWN RISK AND THAT THIS WEBSITE AND THE SERVICES FOUND AT THIS WEBSITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. RENTAL INVESTOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RENTAL INVESTOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT (A) THE ABILITY OF THE SERVICES OR SOFTWARE TO PERFORM WITHOUT LIMITATION OR RESTRICTION IN ANY GIVEN ENVIRONMENT, (B) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS WEBSITE OR THE SERVICES OR SOFTWARE, (C) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS WEBSITE, AND/OR (D)) THE SERVICES FOUND AT THIS WEBSITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS WEBSITE, AND RENTAL INVESTOR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
      IN ADDITION, CUSTOMER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY RENTAL INVESTOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), WHETHER DIRECTLY OR INDIRECTLY, WILL (A) CONSTITUTE PERSONAL, LEGAL OR FINANCIAL ADVICE OR (B) CREATE A WARRANTY, CONDITION OR REPRESENTATION OF ANY KIND WITH RESPECT TO THIS WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE. CUSTOMER SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE, AND CUSTOMER SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO ITS SITUATION.
      THE FOREGOING DISCLAIMER OF REPRESENTATIONS, CONDITIONS AND WARRANTIES WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR CUSTOMER’S USE OF THIS WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE.
    2. LIMITATION OF LIABILITY. RENTAL INVESTOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS ASSUME NO RESPONSIBILITY WITH RESPECT TO CUSTOMER’S OR ITS END USER’S USE OF THE SERVICES AND WILL NOT BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXTRAORDINARY, EXEMPLARY OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, LOSS OF PROFITS, AND LOST REVENUE, WHETHER SUCH DAMAGES ARE ALLEGED IN TORT, CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT RENTAL INVESTOR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. RENTAL INVESTOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL IN NO EVENT BE LIABLE IN AGGREGATE FOR MORE THAN THE TOTAL FEES ACTUALLY RECEIVED BY RENTAL INVESTOR FROM CUSTOMER FOR THE SERVICES DURING THE 12-MONTH PERIOD BEFORE THE CLAIM OR CAUSE OF ACTION AROSE. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.
      IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION WILL BE PERMANENTLY BARRED.
    3. Indemnification of Rental Investor. Customer agrees to defend, indemnify and hold Rental Investor and its Content Providers and the respective directors, officers, employees and agents of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to Customer’s breach of any of these Terms or use by Customer or any third party (authorized, permitted or enabled by Customer) of the Services, except to the extent the foregoing directly result from Rental Investor’s own gross negligence or willful misconduct. Rental Investor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer. THIS FOREGOING INDEMNIFICATION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR CUSTOMER’S USE OF THIS WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE.
    4. Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
    5. Waiver. The failure of Rental Investor to exercise or enforce any right or provision of these Terms or this Agreement will not constitute a waiver of such right or provision.
    6. Entire Agreement. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. The section headings and titles in these Terms and this Agreement are for convenience only and have no legal or contractual effect. These Terms and this Agreement will be interpreted without application of any strict construction in favor of or against Customer or Rental Investor.
    7. Independent Contractors. No agency, partnership, joint venture or employment is created as a result of this Agreement, and Customer does not have any authority of any kind to bind Rental Investor in any respect whatsoever.
    8. Attorneys’ Fees. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover its costs and attorneys’ fees.
    9. Force Majeure. Rental Investor will have no liability to Customer or any third party for any failure by Rental Investor to perform its obligations under these Terms in the event that such non-performance arises as a result of the occurrence of an event beyond the reasonable control of Rental Investor, including without limitation an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other event of force majeure
    10. Third Party Services, Websites, Links and Information. Rental Investor or its personnel may from time to time recommend or enable third party software, products, services or website links for Customer’s consideration or use. Such software, products, services, and links are provided only as a convenience to customers of the Services. Some of the Services made available through this website may be subject to additional third party licensing terms or third party terms of use, including the ones posted here and incorporated herein by reference. Inclusion of any of the foregoing in the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Rental Investor with respect to any third party, any third party’s website or its content, or any information, products, or services provided by a third party.These Terms and the Privacy Policy do not apply to such third party websites, and Customer should review such third party websites’ privacy policies, terms and conditions and business practices as they may be different than Rental Investor’s Terms and it is Customer’s sole responsibility to comply with such third party terms. Access to any other website is at Customer’s own risk, and Customer’s dealings and communications with any third party in connection with such third party’s website are solely between Customer and such third party.RENTAL INVESTOR MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIRD PARTY SOFTWARE, PRODUCTS OR SERVICES AND WILL NOT BE LIABLE FOR ANY SOFTWARE, PRODUCTS OR SERVICES CUSTOMER RECEIVES FROM THIRD PARTIES.
    11. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the United States and you hereby submit to the exclusive jurisdiction of the United States courts.

© Rental Investor.com 2017

For any further information please email Rental Investor Team