Terms of Use

1. Agreement Between You and Padlist

Thank you for using our services available at Padlist's website (the "Website. The following terms and conditions (the "Terms of Use") apply to your use of Padlist's website. By using Padlist's website, you explicitly accept these Terms of Use. We strongly recommend that, as you read these Terms of Use, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you. Underlined words and phrases are links to these pages and websites. In some cases, we and a user may enter into a separate written agreement or contract providing other terms and conditions of our agreement and incorporating these Terms of Use by reference. For example, our Advertising Agreement for properties listing on the Website incorporates these Terms of Use by reference. The term "Agreement" shall mean the agreement formed between you and us pursuant to these Terms of Use, the Privacy Policy the Equal Housing Opportunity Policy , and any other terms and conditions posted on Padlist's website, and any other written agreement between you and us, as the same may be modified from time to time, all of which are incorporated herein by reference.

2. Website Information and Remedies

Padlist's website is a technology platform owned and operated by Padlist. The rental advertisements and related services posted on Padlist's website are procured and provided by Padlist. In some cases, Padlist provides certain technical support, marketing support, and customer support services to its subsidiaries and affiliates. In the case of any violation of our Agreement, Padlist reserves the right to seek all remedies available by law and in equity for such violations, including termination of your use of Padlist's website. For purposes of our Agreement, the term "Website" may, at our option, include any current or future domestic co-branded websites, affiliated websites, private-label websites, and/or international websites in which Padlist's website currently participates or may participate in the future with regard to advertising services.

3. Fees and Services.

Prospective and actual renters ("Renters") may search Padlist's website for available rental units ("Properties") at no charge. If you are a Lessor, by submitting your Property's information, you consent to the placement of information about the Property on Padlist's website, subject to our Privacy Policy and our Agreement. For certain Properties comprising twenty (20) or more units, when the Renter uses Padlist's website to find such Property and report a lease, Padlist's website may issue to the Renter a $100 Reward Card or other valuable consideration. For those Properties, Renters agree to "report your lease" to Padlist's website. Click here for more information. Padlist reserves the right to reject, suspend, and/or terminate, any Property advertisement submitted by Lessor at any time and for any reason, including but not limited to, (a) a determination that the Property advertisement violates this Agreement or any of our policies; and (b) the Lessor's failure to pay amounts owing to Padlist.

4. Content Requirements

To assure the value of Padlist services, you agree that all of the information you have provided to Padlist, whether online or otherwise, is accurate and complete. Lessors shall be solely liable for assuring that such advertisements are accurate and comply with all applicable laws. In addition, Lessors shall not: ask a Renter to wire funds, including by Western Union or MoneyGram. require a Renter to pay a nonrefundable lease application fee unless the Lessor has an actual or imminent vacancy. advertise on Padlist's website any Property for which the lease term will be less than 31 days.

5. Your License to Us

When you give us or otherwise authorize us to use content, you grant us a limited, non-exclusive, royalty-free, sublicensable right and license to copy, use, distribute, reproduce, modify, display, perform, create derivative works from, store and otherwise use the content, in any media known now or in the future, solely for the purposes and during the term of this Agreement, and you represent that you have sufficient rights in the content to make this grant.

6. Our License to You

Subject to the restrictions in the following sentence, Padlist hereby authorizes you to view, copy, download and print the information and data ("Materials") available on Padlist's website, provided that: (1) if you are a Renter, the Materials are used solely for personal, noncommercial purposes and if you are a Lessor, the Materials are used only for the purposes of using the services expressly offered by Padlist; (2) the Materials are not modified, republished, or redistributed; and (3) all copyright, trademark, service mark and other proprietary notices are reproduced as they appear in any such Materials. Any Materials that are produced or supplied by us in connection with your listing (including, without limitation, any ratings, reviews, regular or high definition photographs, regular, high definition or panoramic videos, and enhanced floorplan products purchased or provided by us) shall be owned by and remain our sole property and may not be copied or used by you for any purpose other than pursuant to your Advertising Agreement without our prior written consent. Without limiting the generality of the foregoing, as a Renter, you are only permitted to use Padlist's website to search for residential rentals, communicate with Lessors, and consider other move-related services; and as a Lessor, you are only permitted to use Padlist's website to advertise your Properties and communicate with Renters. Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark or copyright of Padlist.

7. No Unauthorized Duplication

Except as otherwise stated herein, none of the content on the Website may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior written consent of Padlist.

8. Trademarks

The term "Padlist" and any other trademarks, trade names, logos and service marks, including Padlist's website are the property of Padlist. You are not permitted to copy or otherwise use these Marks without the prior written consent of Padlist or such other owner.

9. Access and Interference

Padlist's website may contain robot exclusion headers. Much of the information on Padlist's website is proprietary or is licensed to Padlist's website by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our prior written consent. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, use, reproduce, modify, create derivative works from, distribute or display any content provided by Padlist without the prior written consent of Padlist and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of Padlist's website or any activities conducted on Padlist's website; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to Padlist's website.

10. No Unlawful or Prohibited Use

As a condition of your use of Padlist's website, you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and any related activities, including the federal Fair Housing Act and any state and local fair housing laws. In addition, you warrant that you will not use Padlist's website in any way prohibited by these terms, conditions and notices. In addition, you will not: use Padlist's website if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from Padlist's website; use Padlist's website to advertise the Property owned by another person unless you are the duly authorized property manager, representative, or agent of the Property owner, and can bind such Property owner, and your representation of such person complies with all applicable laws; distribute or post spam, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm Padlist's website or the interests or property of Padlist's website users; copy, modify, republish or distribute content from the Website or our mobile applications or Padlist's copyrights and trademarks; impersonate another person or otherwise misrepresent your affiliation with another person or entity, conduct fraud, hide or attempt to hide your identity; provide inaccurate contact information or other information relative to your move or property; harvest or otherwise collect information about users, including email addresses, without their consent; offer Padlist renters concessions less favorable than those offered to non-Padlist renters; transmit to Padlist's website or any user any information or materials of any kind which (i) violate, plagiarize or infringe on the intellectual property or contractual rights of any third party; or (ii) are libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, tortious, invasive of another's privacy, hateful, or otherwise objectionable; or (iii) contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

11. Reporting Intellectual Property Infringement

Padlist respects the intellectual property of others. If you believe that your rights have been infringed by content appearing on our Website, please email us at info@Padlist.com to notify our designated agent. Please include the words "Notice of Infringement" in the subject line of the email. We reserve the right to remove content for any reason.

12. Links to Third-Party Websites

Padlist's website may contain links to websites operated by parties other than Padlist. Such hyperlinks are provided for reference only. Padlist does not control such websites and is not responsible for their content. Padlist's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. If you decide to access any of the third party sites linked to this website, you do so entirely at your own risk.

13. General Disclaimer

Although Padlist has attempted to provide accurate information on the Website, Padlist assumes no responsibility for the accuracy of the information. All information provided on Padlist's website is provided "as is" with all faults without warranty of any kind, either express or implied. Padlist hereby disclaims all warranties, express or implied, including, without limitation, those of merchantability, fitness for a particular purpose, title and noninfringement or arising from a course of dealing, usage or trade practice, except to the extent such disclaimers are held to be legally invalid.

14. Limitation on Liability

Neither Padlist, its affiliates, or subsidiaries, or any of their respective directors, employees, agents, vendors or suppliers will be liable for any direct, indirect, special, punitive, consequential or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use the Website or any Padlist advertisement, or damages from the use of or reliance on the information present on Padlist's website, even if Padlist has been advised of the possibility of such damages.

15. Modification of the Website.

Padlist (and/or its suppliers) reserves the right in its sole discretion to improve, modify or remove any information or content appearing on the Website or mobile applications. Padlist may discontinue or revise any or all aspects of the Website or mobile applications in its sole discretion and without prior notice. Without limiting the foregoing, Padlist reserves the right to change the terms, conditions, and notices under which this Website or mobile applications are offered at any time. Unless otherwise provided in our Agreement, all amended terms automatically take effect upon acceptance for new users, or 30 days after they are posted on Padlist's website for all other users. It is your responsibility to check terms and conditions of this Agreement at the time of each use.

16. Privacy.

We view the protection of users' privacy as a very important principle and will only use your information as described in the Privacy Policy. We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent, and we use your information only as described in the Privacy Policy. We store and process your information on computers that are protected by physical as well as technological security devices. You can access and modify the information you provide us and opt-out of certain communications by signing-in to your account and going to Padlist's website/profile. We use third parties to verify and certify our privacy principles. If you object to your information being transferred or used in this way, please do not use our services.

17. Release.

Because Padlist's website is an advertising venue, in the event that you have a dispute with one or more users, you release Padlist and its affiliates (and its respective officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. If you are a California resident, you waive California Civil Code §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."

18. Nature of Padlist Services.

Padlist operates a platform for Lessors desiring to advertise residential rental properties with available units, and the advertisements on Padlist's website are based on information provided by the Lessors. Accordingly, Padlist is not responsible in any way for the content in any such advertisements, nor is Padlist responsible for any actual lease transaction between a potential Renter and a Lessor. Padlist does not render legal, brokerage, or other professional advice or services to either its Renter or Lessor customers.

19. Services Not Provided.

Without limiting the generality of the foregoing, you acknowledge and agree as follows:

20. Indemnity.

You will indemnify and hold us (and our officers, directors, agents, affiliates, subsidiaries, joint ventures and employees), harmless from any cost, liability, charge, penalties, claim or demand, including reasonable attorneys' fees, court costs, and other costs of collection, made by any third party due to or arising out of any advertisement you place with us, your breach of this Agreement, or your violation of any law or the rights of a third party; or incurred by us as a result of your default under this Agreement.

21. Default and Remedies.

Without limiting any other provision in this Agreement, in the event you default under this Agreement, including without limitation, by failing to pay us the specified advertising fees when due (if you are a Lessor), we will have the right to exercise any or all of the following remedies: (1) we can suspend any or all of your advertisements from Padlist's website - (2) we can terminate this Agreement; (3) we can ban your future use of Padlist's website; (4) we can impose interest on your past due amounts equal to the lesser of 1.5% per month or the maximum rate allowed by law; (5) we can impose an administrative service fee equal to five percent (5%) of all amounts past due; (6) we can reserve the right to condition your continued use of Padlist services on requirements such as a fee increase, submission of a security deposit; and/or fee prepayment; and (7) we can exercise any and all rights and remedies available to us at law and in equity.

22. Resolution of Disputes.

If a dispute arises between you and Padlist, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Padlist agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by calling 866.454.7912, Monday-Friday, 9 a.m. to 6 p.m ET. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

23. Notices.

Except as explicitly stated otherwise, notices should be sent to us at the address on your Contractual Agreement and notices to you will be sent to the email address you provide to Padlist during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, if you are a Lessor, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

24. General.

By using this Website and agreeing to the Terms of Use , you are also agreeing to abide by our Privacy Policy, Add a Listing Terms of Service and all other agreements and policies posted on Padlist's website. Padlist reserves the right to refuse service to anyone and to terminate a user's account at any time. In our sole discretion, we may assign the Agreement. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Padlist may rely on your electronic signature to create a binding valid agreement. From time to time Padlist may send facsimiles or emails regarding its products and services, or may call customers regarding Padlist's products and services, and you hereby expressly consent to receiving such emails, facsimiles and telephone calls. See Privacy Policy for more information. The following Sections and policies survive any termination of the Agreement: Release, Our License to You, Third-Party Services, Limitation on Liability, Indemnity and Resolution of Disputes, Default and Remedies. You may report complaints to the Division of Consumer Services of the Florida Department of Consumer Services by contacting them in writing at P.O. Box 6700, Tallahassee, Florida , 32399, or by telephone at 800-435-7352.

These Terms of Use were last updated on March 11, 2014.