Before using this site, please read these terms and conditions of Fit to Rent, Inc. (“F2R”). By signing up for, checking the "Accept” box, and using the F2R Service, located at www.Fit2Rent.com, and all services provided by F2R, Inc. you agree to be bound by the following Terms of Service. We reserve the right to change this policy at any time and from time to time. Any changes or amendments will be posted at this address and be effective immediately. Your continued use of the Service following any changes will constitute your acceptance of the amended policy. Should any material changes be made, we will notify all F2R account holders via the primary account email. Additionally, new features and future additions to the F2R Service and related services will be bound by these Terms of Service.
If, at any time, you do not wish to accept the terms and conditions of service, you may not use the Site. Any terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by F2R and shall be devoid of all force and effect to the fullest extent allowed by applicable law.
Violation of any part of these Terms of Service will result in termination of your account.
F2R provides access to an Internet-based online platform that provides products and features that serve, rental property owners and rental property managers (each, a "Participating Landlord”), prospective and current tenants (“Tenants”), and real estate agents (“Brokers”). The service connects tenants with trustworthy landlords by among other things, facilitating pre-rental screenings by verifying credit information and background checks (“Rent Mandate Report”), and providing certain services for Participating Landlords and Brokers (the "Service”).
The Rent Mandate Report is a collection of information the Tenant provides that F2R then verifies and issues to the Tenant in an anonymous and detailed format. Tenants then own these reports and can present them to any prospective landlord as an application to the landlord’s property. Participating Landlords can elect to require their prospective tenants to use the Rent Mandate Report as their screening service of choice. F2R uses the information collected from the Tenant to generate a conscientious score (“F2R Score”) from F2R’s proprietary algorithm. All of the inputs to the algorithm are provided by the Tenant or by references the Tenant provided and verified by F2R.
F2R also provides payment services for Tenants and Participating Landlords as a part of the Service. As a part of the pre-rental screening services, Tenants can elect to transfer (via ACH, credit, or debit card) an amount of money of their choosing to display their liquidity and attractiveness to prospective landlords. Once F2R has received and verified the funds, the Tenant can either request a refund or wait and direct F2R to transfer those funds to a Participating Landlord. In the event that funds are transferred to a Participating Landlord, F2R is not responsible for what the Participating Landlord recipient does with those funds. For example, if the Tenant intends those funds to be used as a security deposit, F2R is not responsible for the Participating Landlord recipient refunding any part of those funds due back to the Tenant in accordance with local landlord-tenant laws. Once Tenant and Participating Landlord enter into a lease agreement, F2R enables the two parties to set up recurring rental payments and ad-hoc payments (via ACH bank transfers) between each other. F2R does not take custody of any funds transferred using the recurring rental or ad-hoc ACH payment options of the Service and is not responsible for what recipients do with the payments submitted.
F2R is not a real estate broker and by accepting these Terms of Service, you hereby acknowledge and agree that the Service does not perform any function requiring a license from any state Real Estate commission or similar licensing agency, commission or board.
Unless explicitly stated otherwise, any new features, which enhance or augment F2R's current service offering shall be subject to the terms and conditions of service. You must obtain access to the World Wide Web and/or Internet in order to use the Service, either directly or through other devices that access web-based content. You must also pay any service fees associated with such access. In addition, you must supply all necessary equipment to connect to the World Wide Web and/or Internet, including a computer, a modem or other access devices.
In consideration of your use of the Service, you agree to: (i) provide information about yourself that is true, accurate, current and complete as prompted by the Service's sign up forms and (ii) where applicable and appropriate, maintain and promptly update your profile to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or if F2R has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, F2R reserves the right to suspend or terminate your F2R account and refuse any and all current or future use of the Service. You may not use the Service for any illegal purpose or in any manner inconsistent with the terms and conditions of service.
The price for using the Service is subject to change at any time with 30 days notice to you, the Tenant, Participating Landlord, or Broker. Any changes in price for the Service will appear on the F2R website. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any services offered through the Service by F2R or by any other vendor or service provider. All fees are exclusive of any taxes or legal fees imposed by taxing authorities. You are responsible for all such taxes and fees.
By using the Service, Tenants, Participating Landlords, and Brokers agree that F2R will charge the credit or debit card on file based on the schedule of fees below:
|Rent Mandate Report||Tenant||One-time||$50|
|Security Deposit via Card||Tenant||One-time||4% of transaction amount|
|Recurring Rental Payments||Tenant||Per transaction||$1|
|Recurring Rental Payments||Landlord||Per transaction||$1|
|Landlord Services||Landlord||Monthly subscription||TBD|
|Broker Services||Brokers||Monthly subscription||TBD|
Late fees may be assessed to the Tenants by Participating Landlords for rent payments made online which occur after the late dates and or grace periods as established in your agreements with Participating Landlords. F2R is not responsible for assessing these fees or any fees on behalf of Participating Landlords. It is the responsibility of Participating Landlords to comply with all local, state, and federal regulations regarding such fees.
Occasionally a payment submitted by a Tenant will be returned by the issuing bank due to insufficient funds, an incorrect account number, dispute, or other reason stated by the bank. In this case, F2R, in good faith the payment would be accepted, may have already sent funds to the Participating Landlord. F2R has the right to recover these funds by issuing a debit to the bank account to which the funds were sent. In addition, F2R will add a $15 reversal fee to the debit. Participating Landlord agrees that the reversal is not the fault of the Service. Ultimate responsibility for the funds involved rests with the Participating Landlord. If funds were sent to the Participating Landlord that ultimately were not available, or were disputed in some way, F2R reserves the right to recover these funds from the Participating Landlord. Where such amounts are not immediately paid to us, the Participating Landlord agrees to pay all costs and expenses, including without limitation attorneys’ fees and other legal expenses, incurred by or on behalf of us in connection with the collection of any unpaid Chargebacks unpaid by the Participating Landlord.
For payments you believe were improperly made, F2R may, in its sole discretion, void, rescind or issue a credit for the rent payment made through the Service at any time prior to the remittance of such rent payment for processing. If a rent payment dispute arises after payment is batched, processed and forwarded to the Participating Landlord, the responsibility to settle the rent payment dispute rests with the Tenant and Participating Landlord. Participating Landlords and Tenants waive the right to cancel payments which have been cleared through F2R clearing entity. F2R DOES NOT OFFER REFUNDS FOR FEES THAT CUSTOMERS HAVE ALREADY PAID.
F2R uses Stripe to process credit and debit card charges for F2R Services and for Tenants to upload funds as a part of the Rent Mandate Process. By accepting credit and debit cards through F2R you agree to be bound by the Stripe Connected Account Agreement and the Stripe Terms of Service. By providing us with your banking, credit or debit card, and other payment information, you authorize us to use this information and disclose it to Stripe for the purpose of processing payments you authorize on the Service. When payments are collected from tenant credit and debit cards, they are collected to a central F2R holding account according to the time schedule offered by Stripe. Once these funds are available in the F2R holding account they are transferred out to the Participating Landlord in a timely manner. The relationship of payment collections and disbursement is similar to a property owner to property manager relationship. In this case, F2R is the property manager collecting funds on behalf of the property owner and then disbursing them.
A Chargeback is typically caused when a customer disputes a charge that appears on their bill. A Chargeback may result in the reversal of a transaction where the Participating Landlord is immediately liable for the amount of the transaction. The Participating Landlord can be assessed Chargebacks for (i) customer disputes; (ii) unauthorized or improperly authorized transactions; (iii) transactions that do not comply with the terms of this Agreement or are allegedly unlawful or suspicious; or (iv) any reversals for any reason by the Card Network, our processor, or the acquiring or issuing banks.
When a Chargeback is issued, the Participating Landlord is immediately liable to F2R for the full amount of the transaction related to the Chargeback plus any associated fees, fines, expenses or penalties (including those assessed by the Card Networks or our payment processors). The Participating Landlord agrees that F2R may recover these amounts by debiting the Participating Landlord's bank account, or offsetting any amounts owed to the Participating Landlord by F2R. If we are unable to recover funds related to a Chargeback for which the Participating Landlord is liable, the Participating Landlord will pay us the full amount of the Chargeback immediately upon demand. Where such amounts are not immediately paid to us, the Participating Landlord agrees to pay all costs and expenses, including without limitation attorneys’ fees and other legal expenses, incurred by or on behalf of us in connection with the collection of any unpaid Chargebacks unpaid by the Participating Landlord.
If we reasonably believe that a Chargeback is likely with respect to any transaction, we may withhold the amount of the potential Chargeback from payments otherwise due to the Participating Landlord under this Agreement until such time that: (a) a Chargeback is assessed due to a customer’s complaint, in which case we will retain the funds; (b) the period of time under applicable law or regulation by which the customer may dispute that the transaction has expired; or (c) we determine that a Chargeback on the transaction will not occur.
The Participating Landlord or F2R may elect to contest Chargebacks assessed against the Participating Landlord. F2R may provide the Participating Landlord with assistance including notifications and support to help contest Chargebacks, but we do not assume any liability for our role or assistance in contesting Chargebacks.
The Participating Landlord agrees to provide us with the necessary information, in a timely manner and at the Participating Landlord's expense, to investigate or help resolve any Chargeback. The Participating Landlord also grants us permission to share records or other information required with financial institutions and Card Networks to help resolve any disputes. The Participating Landlord acknowledges that failure to provide us with complete and accurate information in a timely manner may result in an irreversible Chargeback being assessed.
If the Chargeback is not resolved in the Participating Landlord's favor, we may recover the Chargeback amount and any associated fees from the Participating Landlord. We reserve the right, upon notice to the Participating Landlord, to charge a fee for mediating or investigating Chargeback disputes.
F2R allows Tenants to brandish their credibility as a prospective tenant by creating an F2R tenant profile. The profile is a collection of personal attributes the Tenant provides to F2R. Sources of this information include, but are not limited to, connecting social media accounts, providing employment information, current employer references, rental history, landlord references, and rental preferences. This profile is then presented in the form of the Rent Mandate Report (see Section 2). Tenants are responsible for providing F2R with accurate information that can be verified. F2R will survey prior landlord references the Tenant provides to include information into the Tenant’s F2R Score.
F2R is not a credit bureau or credit reporting agency and we do not control the contents of credit reports, including reports obtained through the Service. We are not responsible for the contents of any credit report or credit score, whether correct or incorrect. Credit reports can contain information that is incorrect, incomplete, or not up to date, and reports are not a substitute for carefully reviewing and independently verifying all information contained in a rental application and interviewing a prospective tenant. If you believe that any information contained in your credit report is inaccurate or incomplete, you have the right to dispute it, which you may do directly with our credit reporting agency.
If you are a landlord, you agree in particular that you are familiar with all applicable fair-housing and anti-discrimination laws and that you will adhere to them. You also agree that you are familiar with the landlord/tenant laws of your state and the state where your rental properties are located and that you will adhere to them as well.
You are responsible for the cancellation of your account. Cancellation can be done on the Settings Page from within your F2R account. A phone request will not be considered valid. You will remain liable for all outstanding payments and fees due at the time of cancellation. Either you or F2R may cancel use of the Service with or without cause at any time and effective immediately. Upon cancellation, your account and all information associated with it will be immediately deleted. This action cannot be undone. Once your account is cancelled, and any outstanding balance paid, you will not be charged for the service again. No refunds will be given. F2R reserves the right to suspend, modify, or terminate your account at any time for any reason and without notice or refund. We reserve the right to refuse service to anyone. Upon termination by you or upon notice of termination by F2R, you must destroy promptly all materials obtained from the Service and any copies thereof. Sections 12, 14, 16 and 17 shall survive any termination of the terms and conditions of service.
You will create a password and account designation when completing the sign up process for the Service. You are solely responsible for maintaining your username and password securely. F2R will not be held responsible for loss of data or other damage to your account due to your failure to protect this information. You agree to not share an account with someone else. Each user of F2R is required to maintain a separate account. You agree to notify F2R immediately if you notice unauthorized use of your password or account or any other breach of security. F2R cannot and will not be liable for any damage or loss arising from your failure to comply with this Section. Your use of the Service requires electronic transmission of information. During this process, your information may be transmitted unencrypted over the Internet.
You acquire absolutely no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with the terms and conditions of service. Should you choose to download content from the Service, you must do so in accordance with the terms and conditions of service. Such download is licensed to you by F2R only for your own personal, noncommercial use in accordance with the terms and conditions of service and does not transfer any other rights to you. You may not copy any portion of the website without permission from F2R.
This Site and all Site design, including but not limited to text, content, photographs, video, audio, interfaces, graphics and the selection and the arrangement thereof is protected by patents, copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the US and other countries. F2R's Service is also protected as a collective work or compilation under US copyright and other laws and treaties. All individual articles of information, policies and other elements making up the Service are also copyrighted works. You agree to abide by all applicable patent, trademark, copyright and other laws, as well as any additional patent, trademark and copyright notices or restrictions contained in the Service. Any use of materials on this Site, other than as permitted under Section 2 of this agreement including reproduction, modification, distribution, or republication, without prior written permission of F2R is absolutely prohibited.
F2R does not maintain any ownership rights to the content you submit and maintain via the Service. The data you submit is yours.
The information, services, products, and materials contained in this Site, including, without limitation, text, graphics, and links, are provided on an "AS IS” basis with no warranty. To the maximum extent permitted by law, F2R disclaims all representations and WARRANTIES, EXPRESS OR IMPLIED, with respect to such information, services, products, and materials, including but not limited to WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, title, non-infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance.
THE SERVICE IS PROVIDED “AS-IS” WITHOUT PROMISES OF ANY KIND. NEITHER WE NOR OUR SUPPLIERS WARRANT OR GUARANTEE UPTIME OR AVAILABILITY OF THE SERVICE, THAT THE SERVICE WILL MEET OR CONTINUE IN THE FUTURE TO MEET YOUR NEEDS, OR THAT WE WILL CONTINUE TO PROVIDE THE SERVICE OR ANY ASPECT OF THE SERVICE IN THE FUTURE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES FOR THE SERVICE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SEAWORTHINESS, AND NON-INFRINGEMENT.
Your sole remedy for dissatisfaction with the service is to cancel your account and stop using the Service.
You irrevocably agree that all actions or proceedings arising out of, from or related to these terms and conditions of service or the Service shall be litigated in local, state or federal court having situs within the State of North Carolina. You further hereby consent and submit to the jurisdiction of any local, state or federal courts located within said state and hereby waive any right to transfer or change the venue of any such litigation. All actions or proceedings arising out of, from or related to these terms and conditions of service or the Service shall be governed and controlled by application of the laws of the State of North Carolina as to interpretation, enforcement, validity, construction, effect and in all other respects.
F2R reserves the right to change, update, modify or discontinue the Service or any part of the Service at any time and for any reason with or without notice. You accept that any such changes may result in your being unable to access the Service. F2R will not be liable to you for such actions.
Technical support for use of the Service will be provided via the channels and during business hours as posted on the Site only.
The captions and headings appearing in terms and condition of service are for reference only and will not be considered in construing this agreement.
If any provision of the terms and conditions of service, or the application thereof, is found invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of this agreement will remain in full force. Failure of F2R to enforce any right provided in these Terms of Service at any time does not constitute a waiver of such rights.
These terms and conditions of service including the Sign Up Information contain the entire understanding and agreement between the you and F2R with respect to its subject matter, superseding all prior or contemporaneous representations, understandings, and any other oral or written agreements between the parties with respect to such subject matter.
By signing up and by your continued use of the Service, you represent and warrant that you have read, acknowledge and agree to be bound by the terms and conditions of the F2R service. You further represent and agree that: (i) you have the power and authority to enter into this agreement; (ii) you are at least eighteen (18) years old; (iii) you will comply with all US law regarding the transmission of any data obtained from the Service in accordance with the terms and conditions of service, (iv) you will not use the Service for illegal purposes, and (v) you will not interfere or disrupt networks connected to the Service.
In consideration of your use of our Service, you are consenting to receive solicited emails from F2R. You have the right to decline to receive additional electronic mail from F2R and can unsubscribe or opt-out at any given time.
Any questions regarding these Terms of Service can be directed to or firstname.lastname@example.org.
Last revised June 1, 2016.