Terms of Service for Securitydeposits.com By RentClaw, Inc.
These terms of service (the "Terms") govern your access to and use of SecurityDeposits.com by RentClaw Inc. ("we" or "our") websites and services (the "Services").
The Services are provided by Rentclaw, Inc, 25 Wade St., Brighton, MA 02135
Description of the Services
SecurityDeposits.com is a platform that facilitates rental real estate transactions for, by and among property owners and management companies and tenants.
We provide the means that enable parties to a rental transaction to easily execute documents, make and receive payments and manage the escrowing of security deposits.
We are merely the means of communication and transaction for the deal and have no responsibility nor liability for the underlying transactions.
Any disagreements between you and other users are to be adjudicated as usual in courts etc. of proper jurisdiction.
By using our site you are acknowledging that you understand and agree that Rentclaw, LLC and SecurityDeposits.com, its members, managers and affiliates are not party to any claims arising from disagreements between you and the other parties in your rental transaction.
These Terms govern use of the Services
These Terms apply to all users of the Services. You may use the Services only in compliance with these Terms. If you do not agree to be bound by and comply with these Terms, you may not use the Services.
If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will refer to both you as an individual and to that organization.
The Services are being licensed, not sold, to you by Rentclaw only for use under the Terms. You do not acquire any right, title or interest in or to the Services or any associated content other than the limited license granted to you by these Terms. Any rights not expressly granted to you in these Terms are expressly reserved.
We are not Lawyers
By using the Services, you acknowledge that Rentclaw is NOT providing legal services or advice. Any documents or contracts that appear on the site are typical and illustrative and have been included as a guide. Statutes differ from state to state and all users are emphatically encouraged to seek legal advice from an attorney duly licensed in their state.
You acknowledge that Rentclaw has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of any information, contracts or documents.
You must be a registered subscriber to access the Services. You agree to provide true, accurate and complete registration information, and you will promptly provide an update if any of this information changes.
By using the Services, you acknowledge that Rentclaw does not have any obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of information you may be able to access using the Services.
You agree that you will not upload spyware or any other malicious software to the Services.
You, and not Rentclaw, are responsible for maintaining and protecting all of your Content. Rentclaw will not be liable for any loss or corruption of your Content, or for any costs or expenses associated with backing up or restoring any of your Content.
The Services are not for your use if you are under 18 years of age. By agreeing to these Terms, you are representing to us that you are at least 18 years old.
Use of your subscription is personal to you or your organization, as applicable. Except as specifically permitted by these Terms, you may not resell, assign, distribute, transfer or otherwise provide your subscription, your Login ID and/or Password to any third party.
You are solely responsible for safeguarding and maintaining the confidentiality of your Login ID and Password.
You are also solely responsible for any activity generated from your account, whether or not you authorized that activity. You should immediately notify Rentclaw of any unauthorized use of your account.
The Services were free of charge during our Beta phase. Starting on March 1, 2016 property owners will be charged $35 per deposit. This fee is incurred upon tenant submitting required information and thereby completing the creation of the security deposit. We reserve the right to implement other pricing models in the future.
We reserve the right to modify our fees at any time for any reason upon notice to you through posting on our website or notification by email. Any increase in fees will be prospective only.
We may from time to time add offerings or services for which we may charge additional fees. We will not charge you for such additional offerings or services without first obtaining your consent.
Rentclaw property and feedback
These Terms do not grant you any right, title, or interest in or to the Services or the associated content. We appreciate it when users send us feedback, but please be aware that we may freely use any feedback, comments, or suggestions you send us without any obligation to you.
The Services are protected by copyright, trademark, patent and other laws of both the United States and foreign countries. These Terms do not grant you any rights to use the Rentclaw trademarks, logos, domain names, or other brand features.
Availability Of The Services
We try our best to have the Services available 24 hours a day, 7 days a week. There may still be times when the Services are unavailable for routine maintenance, to correct technical difficulties, or for some other reason. Availability of the Services is subject to change at any time at our sole discretion.
Third-party content and links
We may provide third-party content through the Services. Any such content represents the opinions, judgments, and offerings of the third-party, not Rentclaw. We do not endorse, and are not responsible in any way for, any such content and we expressly disclaim any endorsement or responsibility for such content.
Links to other websites are provided for your convenience and reference only. We have no control of these sites, and we are not responsible for their content. We do not endorse, and are not responsible in any way for, any content on these sites and we expressly disclaim any endorsement or responsibility for such content.
We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or if you use the Services in any way that would cause us legal liability or disrupt others' use of the Services.
If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend or terminate your use immediately. We reserve the right to delete any or all data files associated with your subscription, in our sole discretion, upon suspension or termination of your subscription.
The provisions of these Terms which by their nature should survive suspension or termination of your subscription shall survive, including the provisions in the "Miscellaneous" section or relating to intellectual property ownership, your obligation to pay fees, disclaimers, limitations of liability, arbitration, class actions, or jury trials.
Our Services Are Provided "AS-IS"
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, FOR USE BY YOU AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, RENTCLAW, AND ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, ANY PARENT COMPANIES, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, CONTENT PROVIDERS, SERVICE PROVIDERS, VENDORS, LICENSORS, MERCHANTS, RELATED COMPANIES, ADVISORY BOARDS, REPRESENTATIVES, AND SUPPLIERS (COLLECTIVELY THE "RENTCLAW ENTITIES") DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING ANY: (1) WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE CERTAIN RESULTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR COMPLETENESS OF INFORMATIONAL CONTENT MADE AVAILABLE THROUGH THE SERVICES; AND (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF RENTCLAW OR THE RENTCLAW ENTITIES EXCEED $1000.00. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY ACCESS OR USE OF THE SERVICES OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
Some jurisdictions do not permit limitations of liability and in those jurisdictions some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
You agree to indemnify and hold harmless Rentclaw and the Rentclaw Entities from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys' fees and costs) brought by third-parties arising out of, related to, or that may arise in connection with any actual or alleged violation or breach of any of the representations, warranties, agreements or promises made by you herein.
You also agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
We may revise these Terms from time to time and the most current version will always be posted on our By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, you agree to stop using the Services.
If there is a dispute about the Terms or the Services, the Terms in effect at the time the dispute arose shall apply.
You and RENTCLAW each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents or information and the proposed resolution. You agree to contact us with disputes by contacting us at the address provided in these Terms. We will contact you based on the contact information you have provided us.
If you and RENTCLAW cannot resolve any dispute after 30 days, the party seeking to pursue a claim will submit the claim to arbitration consistent with this section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.
You agree that receiving the Services is a transaction involving interstate commerce. These Terms and any related arbitration proceedings will be governed by the Federal Arbitration Act, 9 U.S.C. Â§Â§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
You and Rentclaw agree that any arbitration will be solely between you and us, not as part of a class-wide claim. If any court or arbitrator determines that this class=wide restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn't apply and the class-wide dispute must be brought in court.
No Class Actions
TO THE EXTENT ALLOWED BY LAW, YOU AND RENTCLAW EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
No Jury Trial
TO THE EXTENT ALLOWED BY LAW, YOU AND RENTCLAW EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
Miscellaneous Legal Terms
THESE TERMS AND THE USE OF THE SERVICES WILL BE GOVERNED BY MASSACHUSETTS LAW, EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES THAT ARE NOT GOVERNED BY THE ARBITRATION CLAUSE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS LOCATED IN SUFFOLK COUNTY, MASSACHUSETTS AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE.
These Terms constitute the entire and exclusive agreement between you and Rentclaw Inc. with respect to the Services.
These Terms create no third party beneficiary rights.
Our failure to enforce a provision of these Terms is not a waiver of our right to do so later.
If a provision of these Terms is found unenforceable the remaining provisions will remain in full force and effect, and an enforceable term will be substituted reflecting our intent as closely as possible.
You may not assign any of your rights in these Terms, and any such attempt is void.
Rentclaw may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Rentclaw and you are not legal partners or agents; instead, our relationship is that of independent contractors.
Electronic Signature Consent
Before we can accept your personal information and allow you to sign and submit documents electronically, you need to be aware of the following information and must affirmatively agree to the following:
- Your responses to all questions throughout either electronic process will be recorded and made part of your electronically signed documents.
- As part of the use of electronic signatures, you will be required to create a log-in and password for future use, consisting of your unique username and a password specifically chosen by you. You must keep your password confidential as it can be used to electronically sign additional documents.
- You can return to our website at any time (using your login information) to review, save, and print the documents you signed electronically.
By signing up for a SecurityDeposits.com account and using our services, you acknowledge and agree to all of the following:
- You have read and understood the Terms;
- You agree that your electronic signature is the equivalent of a manual signature and that we may rely on it as such in connection with any and all agreements you may enter into using the Services and any documents you electronically sign using the Services;
- You acknowledge and agree that it is your obligation to immediately advise us of any change in your electronic address (i.e., email address);
- You acknowledge and agree that it is your obligation to immediately advise us in the event that you withdraw your consent to use electronic means for use of Services;
- You agree to the Terms set forth above;
- You acknowledge and agree that in the event that any person known to you (whether it be a colleague, family member, member of your household, or otherwise) misappropriates any of the security devices connected with your Rentclaw login/electronic signature account and such misappropriation could not reasonably be detected by us, we shall have the right to treat all resulting electronic signatures as though they were affixed by you.
State Specific Services
Members in Massachusetts agree to receive notifications about their security deposit via email, on screen, and PDF display and that these messages meet the requirements for notifications in writing.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 25 Wade Street Brighton Massachusetts USA 02135.
Changes To Terms Of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at email@example.com.