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Mobile App Terms and Conditions
Last updated July 26, 2022
These Terms and Conditions constitute a legally binding agreement made between User, whether personally or on behalf of an entity referred hereafter as “User” and Rent to Own Home Finders, concerning User’s access to and use of Rent to Own Home Finders mobile application (the “Application”). User agrees that by accessing the Application, User has read, understood, and agrees to be bound by all of these Terms and Conditions. IF USER DOES NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN USER IS EXPRESSLY PROHIBITED FROM USING THE APPLICATION AND MUST DISCONTINUE USE IMMEDIATELY.
Modification: Rent to Own Home Finders reserves the right to modify and/or change, whether temporarily or permanently, the Terms and Conditions, or any part thereof, with or without prior notice, at any time in its sole discretion. In addition, Rent to Own Home Finders shall not be held liable to any user or any third party for any such change and/or modification, or any part thereof. User’s continued use of the Application after such posting of any changes, and/or modifications shall constitute User’s acceptance of such changes and/or modifications, and as such, frequent review of these Terms and Conditions should be made by User to ensure awareness of all terms and policies currently in effect. Should User not agree to the changes and/or modifications, User must stop using the Application and any services provided.
Minors: Persons under eighteen (18) years of age, or the applicable age of majority, if greater than eighteen (18) years of age, are not permitted to use and/or submit their personal information. Rent to Own Home Finders does not knowingly solicit or collect information from persons under 18 years of age. Therefore, User affirms that he/she is 18 years of age or older, and that User is fully able and competent to enter into the terms, representations, conditions, and obligations set forth in herein and to fully abide by and comply with these Terms and Conditions.
Intellectual Property Rights: Unless otherwise indicated, the Application is the proprietary property of Rent to Own Home Finders and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Application (collectively, the “Content”) and any trademarks, service marks, and logos contained therein (the “Marks”) are owned and/or controlled by Rent to Own Home Finders and are protected by applicable laws the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Application “AS IS” for User’s information and personal use only. Except as expressly provided in these Terms of Use, no part of the Application and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
User Representations: By using the Application, User represent and warrant that: (1) all registration information submit will be true, accurate, current, and complete; (2) User will maintain the accuracy of such information and promptly update such registration information as necessary; (3) User das the legal capacity and agrees to comply with these Terms of Use; (4) User is not under the age of 18; (5) User will not access the Application through automated or non-human means, whether through a bot, script or otherwise; (6) User will not use the Application for any illegal or unauthorized purpose; and (7) User’s use of the Application will not violate any applicable law or regulation.
If User provides any information that is untrue, inaccurate, not current, or incomplete, Rent to Own Home Finders reserves the right to suspend or terminate User’s account and refuse any and all current or future use of the Application or any portion thereof.
Prohibited Activities: User may not access or use the Application for any purpose other than that for which the Application has been made available. The Application may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Rent to Own Home Finders. User agrees not to:
(a) restrict or inhibit any other user from using and enjoying the Application;
(b) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;
(c) post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder
(d) Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Application or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Application;
(e) Interfere with, disrupt, or create an undue burden on the Application or the networks or services connected to the Application;
(f) claim a relationship with or to speak on behalf of any business, association, institution or
other organization for which User is not authorized to do so;
(g) copy and/or collect any content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent:
(h) copy, adapt, create derivative works of, decompile, reverse engineer, translate, localize, port or modify the application programming interface, any code, and/or software used to provide the Application;
(i) use the Application and/or its services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law;
(j) Circumvent, disable, or otherwise interfere with security-related features of the Application, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Application and/or the Content contained therein;
(k) Engage in unauthorized framing of or linking to the Application;
Any use of the Application in violation of the foregoing, violates these Terms of Use and may result in termination, or suspension of User’s rights to use the Application.
Mobile Application License: Rent to Own Home Finders grants to User a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by User, and to access and use the mobile application on such devices strictly in accordance with these Terms of Use. User is granted a limited license to access and use the Application and to download or print a copy of any portion of the Content to which User has properly gained access solely for User’s personal, non-commercial use. User shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Application; (3) violate any applicable laws, rules, or regulations in connection with access or use of the Application; (4) remove, alter, or obscure any proprietary notice, including any notice of copyright or trademark; (5) use the Application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the Application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the Application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Application; (8) use the Application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Application.
Apple and Android Devices: The following terms apply when using a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Application: (1) the license granted to User for the Rent to Own Home Finders mobile application is limited to a non-transferable license to use the Application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) Rent to Own Home Finders is responsible for providing any maintenance and support services with respect to the mobile application as specified in these Terms of Use or as otherwise required under applicable law, User acknowledges that each App Distributor has no obligation to furnish any maintenance and support services with respect to the Application; (3) in the event of any failure of the Application to conform to any applicable warranty, User may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) User represent and warrant that (i) User is not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) that User is not listed on any U.S. government list of prohibited or restricted parties; (5) User must comply with applicable third-party terms of agreement when using the Application, e.g., if User have a VoIP application, then User must not be in violation of their wireless data service agreement when using the Application; and (6) User acknowledges and agrees that the App Distributors are third-party beneficiaries of these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against User as a third-party beneficiary thereof.
Third-Party Websites and Content: The Application may contain (or User may be sent via the Application) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Rent to Own Home Finders does not investigated, monitored, or checked for accuracy, appropriateness, or completeness, these Third-Party Websites and Third-Party Content, and shall not be responsible for any Third-Party Websites accessed through the Application or any Third-Party Content posted on, available through, or installed from the Application, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by Rent to Own Home Finders. If User decides to leave the Application and access the Third-Party Websites or to use or install any Third-Party Content, User does so at User’s own risk, and should be aware these Terms of Use no longer govern. User should review the applicable terms and policies, including privacy and data gathering practices, of any website to which User navigate from the Application or relating to any applications User may use or install from the Application. Any purchases User makes through Third-Party Websites will be through other websites and from other companies and Rent to Own Home Finders take no responsibility whatsoever in relation to such purchases which are exclusively between User and the applicable third party. User agrees and acknowledges that Rent to Own Home Finders does not endorse the products or services offered on Third-Party Websites and shall hold Rent to Own Home Finders harmless from any and all harm caused by User’s purchase of such products or services. Additionally, User shall hold Rent to Own Home Finders harmless from any losses sustained by User or harm caused to User relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
Application Management: Rent to Own Home Finders reserves the right, but not the obligation, to: (1) monitor the Application for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in Rent to Own Home Finders sole discretion and without limitation, notice, or liability, to remove from the Application or otherwise disable all files and content that are excessive in size or are in any way burdensome to the systems; and (5) otherwise manage the Application in a manner designed to protect Rent to Own Home Finders rights and property and to facilitate the proper functioning of the Application.
Privacy Policy: Rent to Own Home Finders respects our User’s security and privacy. By using the Application, User understand and consents to the collection, use and disclosure of User’s personally identifiable information as well as any non-personally identifiable information, which is described in the Rent to Own Home Finders Privacy Policy in more detail.
Terms and Termination: These Terms of Use shall remain in full force and effect while User use the Application. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, RENT TO OWN HOME FINDERS RESERVE THE RIGHT TO, IN ITS SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. RENT TO OWN HOME FINDERS MAY TERMINATE USER’S USE OR PARTICIPATION IN THE SITE OR DELETE USER’S ACCOUNT AND ANY CONTENT OR INFORMATION THAT USER POSTED AT ANY TIME, WITHOUT WARNING.
If Rent to Own Home Finders terminate or suspend User’s account for any reason, User is prohibited from registering and creating a new account under User’s name, a fake or borrowed name, or the name of any third party, even if User may be acting on behalf of the third party. In addition to terminating or suspending User’s access, Rent to Own Home Finders reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Disclaimer & Liability: To the full extent permitted by law, Rent to Own Home Finders, and its officers, directors, employees, agents, licensors, affiliates, and successors in interest (collectively “Rent to Own Home Finders”) (1) make no promises, warranties, or representations as to the Application and/or its services, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide the Application on an “AS IS” and “AS AVAILABLE” basis and any risk of using the Application is assumed by User; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of User or any third -party in connection with the Application. Rent to Own Home Finders shall NOT be liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to the Application, and in no event shall such liability exceed $100. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to certain Users.
Indemnification: User agree to defend, indemnify, and hold Rent to Own Home Finders harmless, including its subsidiaries, affiliates, and all respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) User’s Contributions; (2) use of the Application; (3) breach of these Terms of Use; (4) any breach of User’s representations and warranties set forth in these Terms of Use; (5) User’s violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Application with whom User connected via the Site. Notwithstanding the foregoing, Rent to Own Home Finders reserve the right, at User’s expense, to assume the exclusive defense and control of any matter for which User are required to indemnify Rent to Own Home Finders, and User agree to cooperate, at User’s expense, with any defense of such claims. Rent to Own Home Finders will use reasonable efforts to notify User of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
User Data: Rent to Own Home Finders will maintain certain data that User transmit to the Site for the purpose of managing the Site, as well as data relating to User’s use of the Site. Although Rent to Own Home Finders perform regular routine backups of data, User is solely responsible for all data that User transmit or that relates to any activity User has undertaken using the Application. User agrees that Rent to Own Home Finders shall have no liability to User for any loss or corruption of any such data, and User hereby waive any right of action against Rent to Own Home Finders arising from any such loss or corruption of such data.
Electronic Communication, Transactions, and Signatures: Visiting the Application, sending Rent to Own Home Finders emails, and completing online forms constitute electronic communications. User consent to receive electronic communications, and User agree that all agreements, notices, disclosures, and other communications provided to User electronically, via email and on the Application, satisfy any legal requirement that such communication be in writing. USER HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY RENT TO OWN HOME FINDERS OR VIA THE APPLICATION. User hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Choice of Law and Forum: These Terms of Use shall be governed by the laws of the United States and the State of Michigan, without regard to its conflict of law provisions. User agrees that any cause of action that may arise under these TOS shall be commenced and be heard in the appropriate court in the State of Michigan, County of Kent, and further agrees to submit to the personal and exclusive jurisdiction of the courts located in the County of Kent, in the State of Michigan. User agrees and waives all respective rights to trial by jury. It is acknowledged and agreed that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Application and/or its services, must be filed within two (2) years of the date in which it arose or the time in which it could have been reasonably discovered or shall be forever barred.
CONTACT US
In order to resolve a complaint regarding the Application or to receive further information regarding use of the Application, please contact us at:
Rent To Own Home Finder
956 3 Mile Rd., Grand Rapids, MI 49544
(844) 958-4469
