Terms of Service

Last Updated: December 29, 2024

1. Acceptance of Terms

By accessing or using SmartRentPro's website and services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services. We reserve the right to modify these Terms at any time, and your continued use of the Services constitutes acceptance of any changes.

2. Description of Services

SmartRentPro operates an online platform that connects property owners with certified property management companies. Our proprietary scoring system evaluates property management companies based on various factors including customer satisfaction, operational maturity, and technology adoption. We provide information, ratings, and facilitate introductions between property owners and property management companies.

3. Nature of Our Scoring System

Our proprietary scoring system is designed as a predictor of success based on objective criteria and publicly available information. However, you acknowledge and agree that:

  • Our scores and certifications represent our assessment at a point in time and are not guarantees of future performance
  • Individual experiences with property management companies may vary
  • A high score does not guarantee satisfaction for every property owner or every situation
  • We cannot predict or control the quality of service you will receive from any property management company
  • Scores may change over time as new information becomes available

4. No Guarantee of Satisfaction

While we strive to connect property owners with high-quality property management companies, we cannot and do not guarantee satisfaction with any property management company listed on our platform. Property management involves complex relationships and numerous variables beyond our control. Our certification indicates that a company has met our evaluation criteria, but it is not a warranty of their services or a guarantee of any particular outcome.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • No Liability for Partner Actions: SmartRentPro shall not be held liable for any acts, omissions, errors, negligence, misconduct, fraud, or any other actions or failures to act by any property management company or partner listed on our platform. This includes, but is not limited to, property damage, financial losses, breach of contract, poor service quality, failure to perform duties, mismanagement of funds, tenant disputes, or any other issues arising from your relationship with a property management company.
  • No Liability for Decisions: We are not liable for any decisions you make based on information provided on our platform, including your decision to engage or not engage any particular property management company.
  • No Liability for Accuracy: While we strive for accuracy, we do not guarantee that all information on our platform is complete, accurate, or up-to-date. Property management companies are responsible for providing accurate information about their services.
  • Maximum Liability: In no event shall SmartRentPro's total liability to you exceed the amount you have paid to SmartRentPro, if any, in the twelve (12) months preceding the claim.

6. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SMARTRENTPRO DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

7. Indemnification

You agree to indemnify, defend, and hold harmless SmartRentPro, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any rights of another party; or (d) your relationship with any property management company found through our platform.

8. Independent Contractors

Property management companies listed on our platform are independent businesses and are not employees, agents, or representatives of SmartRentPro. We do not control, supervise, or direct the manner in which they provide their services. Any contract or agreement you enter into with a property management company is solely between you and that company. SmartRentPro is not a party to any such agreement.

9. Your Responsibilities

You are responsible for:

  • Conducting your own due diligence before engaging any property management company
  • Reviewing and understanding any contracts or agreements before signing
  • Verifying licenses, insurance, and credentials independently
  • Providing accurate information when using our Services
  • Communicating directly with property management companies regarding any issues or concerns

10. Dispute Resolution

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the state of Delaware. You agree to waive any right to a jury trial or to participate in a class action lawsuit against SmartRentPro.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

12. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

13. Contact Us

If you have any questions about these Terms of Service, please contact us at:

SmartRentPro
Email: support@smartrentpro.com

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