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RentCafe Terms of Service

By using RentCafe.com (RentCafe ILS) or any property websites powered by RentCafe (RentCafe Portal) (collectively, “RentCafe”), you accept and agree to be bound by the latest version of the RentCafe Terms of Service (posted at https://resources.yardi.com/legal/rentcafe-terms-of-service/), which are between you and RentCafe (not the property) and will be updated from time to time. The property may have its own terms and conditions that apply between the property and you.

E&S Ring Management Corp. Terms of Use

Last Updated: 10.27.26

Thank you for visiting esring.com. These Terms of Use (“Terms”) create a legal agreement between you (“you” or “your”) and E&S Ring Management Corp. ("E&S Ring,” “we,” “us,” or “our”) that governs your access to and use of the website available at www.esring.com (and any successor site) and the information and materials available on this website (collectively, the “E&S Ring Site”). By accessing any portion of the E&S Ring Site, you agree to be bound by these Terms, which may be amended from time to time in our sole discretion.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST STOP USING THE E&S RING SITE IMMEDIATELY.

THESE TERMS INCLUDE AN ARBITRATION AGREEMENT THAT MAY REQUIRE YOU RESOLVE DISPUTES WITH E&S RING THROUGH BINDING ARBITRATION AND WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW SECTION 13 (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE) CAREFULLY.
 

  1. Intellectual Property Ownership and Limited License

The E&S Ring Site, including the text, images, photographs, videos, information, data, software, and other content and materials contained therein (and the selection, arrangement and presentation thereof), are owned by E&S Ring or our licensors and are protected under both U.S. and international laws. Except as explicitly stated in these Terms, all rights in and to the E&S Ring Site are reserved by us or our licensors. Subject to your compliance with these Terms, you are granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license only to access and use the E&S Ring Site for non-commercial, informational purposes. E&S Ring does not grant you any rights in its marks or any other product or service name or slogan contained on the E&S Ring Site.  Any other access, use, copying, distribution, retransmission or modification of the E&S Ring Site, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights.

  1. Account Creation and Passwords

To access certain portions of the E&S Ring Site, you must create an account. You agree to provide truthful, accurate, and complete information during the account creation process. You also agree to promptly update your account information to keep it accurate and complete. E&S Ring reserves the right to suspend or terminate your account at its sole discretion if any information provided during registration is untrue, inaccurate, or incomplete, or if your use of the account violates these Terms. You may not create multiple accounts without our prior written consent. You are responsible for preserving the confidentiality of your account password, and you agree to notify us immediately of any known or suspected unauthorized use of your account. You agree to accept responsibility for all activity conducted through your account. We reserve the right to suspend or delete accounts that remain inactive for more than twelve (12) months.

  1. Third-Party Links

The E&S Ring Site may contain links to third-party websites, advertisers, products, services, or other activities or events that are not owned or controlled by E&S Ring (collectively, “Third-Party Content”). Your dealings or correspondence with Third-Party Content and your use of or interaction with any Third-Party Content are solely between you and the applicable third party. We do not control, endorse or adopt any Third-Party Content and make no representation or warranties of any kind regarding Third-Party Content or the privacy practices of any third parties, and your access to and use of such Third-Party Content and interaction with such third parties is at your own risk. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such Third-Party Content.

The E&S Ring Site is powered by RentCafé, a service provided by one of our service providers, Yardi Systems, Inc. (“Yardi”). The E&S Ring Site may allow you to access certain Yardi products and services where you have a direct contractual relationship with Yardi, such as the RentCafé Prospect Portal or RentCafé Resident Portal. These Yardi products and services are considered Third-Party Content. Your use of such Yardi products and services is solely governed by the Yardi terms of service and privacy policy provided by Yardi to you and not these Terms or our Privacy Policy.

  1. Age Limitation

If you are under the age of 18 (or the age of majority in your state of residency if younger than 18), you are prohibited from using the Sites. By accessing or using the Sites, you represent and warrant that you are at least 18 years old (or the age of majority in your state of residency if younger than 18).  If we learn that we have collected personal information from a person under the age of 18 (or the age of majority in your state of residency if younger than 18), we will delete that information in compliance with applicable law.

  1. Privacy

We reserve the right, and you authorize us, to use and assign all information submitted or collected by or about you on or through the E&S Ring Site in accordance with our Privacy Policy.

  1. Prohibited User Conduct

Use of the E&S Ring Site is permitted for personal and non-commercial use only. You agree that you will not, and you will not encourage, aid, or facilitate others to, access or use the E&S Ring Site in any manner that:

  • Is designed to interrupt, destroy or limit the functionality of, any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files or programs);
  • Interferes with or disrupts the E&S Ring Site, services connected to the E&S Ring Site, or otherwise interferes with operations or services of the E&S Ring Site in any way;
  • Infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);
  • Consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation not pre-approved in writing by E&S Ring;
  • Consists of accessing the E&S Ring Site through any crawler, bot, scraper or any other automated or non-human means;
  • Causes E&S Ring to lose (in whole or in part) the services of our Internet service providers or other suppliers;
  • Frames, or makes it appear that a third-party site is presenting or endorsing, any of the content of the E&S Ring Site;
  • Incorporate any intellectual property of the E&S Ring Site, E&S Ring, or any of its licensors into another site or service, including but not limited to social media platforms;
  • Links to materials or other content, directly or indirectly, to which you do not have a right to link;
  • Is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by E&S Ring in its sole discretion;
  • Copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the E&S Ring Site or any portion thereof;
  • Violates any ancillary terms and conditions listed on the E&S Ring Site, including, but not limited to, the Privacy Policy; or
  • Violates any applicable local, state, national, or international law, regulation, or order.

E&S Ring reserves the right to monitor, restrict, or immediately terminate your account and/or access to or use of the E&S Ring Site, without notice, for engaging in prohibited or unacceptable conduct, as determined by E&S Ring in its sole discretion.

  1. Linking

We generally welcome links to the E&S Ring Site. Unless otherwise prohibited by these Terms or E&S Ring, you may establish a hypertext link to any page or portion of the E&S Ring Site, so long as the link does not create a false implication of sponsorship or endorsement of your site, or the site from which you link, by the E&S Ring Site or by E&S Ring.

  1. Location

The E&S Ring Site is controlled and/or operated from the United States, and is not intended to subject us to non-U.S. jurisdiction or laws, except as otherwise expressly stated in these Terms. The E&S Ring Site may not be appropriate or available for use in some jurisdictions outside of the United States. If you use the E&S Ring Site, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the E&S Ring Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

  1. Indemnification

To the extent permitted by law, you agree to indemnify, defend and hold us and our affiliates, partners, officers, directors, members, associates, agents, attorneys, employees, subcontractors, successors, assigns and affiliates (collectively, “E&S Ring Parties”) harmless from any liability, loss, claim and expense arising out of or related to (a) your violation of these Terms, (b) your violation of applicable law or third‑party rights (including, without limitation, patent, trademark, copyright, trade secret or other intellectual property rights), (c) your willful misconduct, and (d) your use of the E&S Ring Site.

You agree to promptly notify E&S Ring and the E&S Ring Parties of any third-party claims, cooperate with us and the E&S Ring Parties in defending such claims, and pay all fees, costs and expenses associated with defending such claims (including, but not limited to, reasonable attorneys’ fees). You also agree that E&S Ring will have control of the defense or settlement, at our sole option, of any third-party claims.

  1. Limitation of Liability

To the fullest extent permitted by applicable law, E&S Ring and the E&S Ring Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty or otherwise—for any special, indirect, incidental, punitive, or consequential damages, or for any loss of profits, revenues, data, or goodwill arising out of or related to these Terms or the use of (or the inability to access or use) the E&S Ring Site even if we or any E&S Ring Parties have been advised of the possibility of such damages.

In no event shall our aggregate liability or the aggregate liability of any E&S Ring Parties, whether in contract, warranty, tort or other theory, arising out of or relating to these Terms and/or the E&S Ring Site exceed the greater of fifty dollars ($50.00) or the amount you paid, if any, during the preceding twelve (12) month for accessing or using the E&S Ring Site.

Your sole and exclusive remedy for any other dispute with us and any E&S Ring Parties is to discontinue your use of the E&S Ring Site or any service offered by E&S Ring to which these Terms apply.

  1. Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN WRITING BY US, THE E&S RING SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE E&S RING SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE E&S RING SITE.

We may make changes to the features, functionality or content of the E&S Ring Site at any time. We reserve the right in our sole discretion to edit or delete any content appearing on the E&S Ring Site.

  1. Governing Law and Venue

Any dispute arising from these Terms and your use of the E&S Ring Site will be governed by and construed and enforced in accordance with the laws of the State of California without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. The parties acknowledge that these Terms evidences a transaction involving interstate commerce. Notwithstanding the foregoing provision in this Section 12 with respect to applicable substantive law, any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

  1. Dispute Resolution and Agreement to Arbitrate

Except where and to the extent prohibited by law, by using the E&S Ring Site, you and E&S Ring agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the E&S Ring Site, or the breach, enforcement, interpretation, or validity of these Terms or any part of them (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to:

  • Us, at E&S Ring Management Corporation, 11050 Santa Monica Blvd 2nd Floor, Los Angeles, CA 90025, or
  • You, at the address we have on file for you.

Both you and E&S Ring agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights.

All such disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration to be held in Los Angeles County, California, under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties. The parties hereby agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms is void or voidable. If arbitration is deemed unenforceable, you agree to waive any right to a jury trial.

  1. Waiver

Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights on any other person or entity. If any provision of these Terms is unlawful, void or unenforceable, that provision shall be deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. You agree that communications and transactions between you and E&S Ring may be conducted electronically.

  1. Modification of Terms

If we make changes to these Terms, we will provide notice of such changes, such as by posting a notice on the E&S Ring Site and/or updating the “Last Updated” date above. Your continued use of the E&S Ring Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. 

  1. Contact

If you have any questions or comments regarding the E&S Ring Site or these Terms, please contact us at [email protected] or at E&S Ring Management Corporation, 11050 Santa Monica Blvd 2nd Floor, Los Angeles, CA 90025.