Terms of Service
RENTALRIFF INC. doing business as HOMERIFF
TERMS OF SERVICE
Last Updated: October 2020
1. Contractual Relationship
These Terms of Service (these “Terms” or, this “Agreement”) govern your access and use of
RentalRiff Inc., doing business as HomeRiff, a Delaware corporation, and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “HomeRiff” or “us”) websites, mobile applications (if applicable), and all other applications, content, products, and services (as more fully described below in Section 2, the “Services”) for owners or managers (“Client”) of qualified properties
(“Property” or “Properties”). PLEASE READ THESE TERMS CAREFULLY, AS THEY
CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND HOMERIFF.
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If
you do not agree to these Terms, you may not access or use the Services. These Terms expressly
supersede all prior agreements or arrangements between you and HomeRiff. HomeRiff may
immediately terminate these Terms or any Services with respect to you, or generally cease
offering or deny access to the Services or any portion thereof, at any time for any reason.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH
BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH
HOMERIFF ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING
BY ENTERING THIS AGREEMENT, YOU EXPRESSLY
ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS
OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE
CONSEQUENCES OF THIS IMPORTANT DECISION.
HomeRiff may alter, amend or otherwise modify the Terms and any supplemental terms at any
time, from time to time. Such alterations, amendments or modifications will be effective upon
HomeRiff’s posting of such updated Terms at this location or within the altered, amended or
modified policies or supplemental terms on the applicable Service(s). Your continued access or
use of the Services after such posting confirms your consent to be bound by the Terms, as
HomeRiff’s collection and use of personal information in connection with the Services is
2. The Services
The Services consist of HomeRiff connecting Clients and their Properties with suitable Property
Specialists (as defined in Section 5). The dedicated Property Specialist and Client are
responsible for agreeing to terms of their working relationship separately, and HomeRiff has no
oversight, management or decision making authority over that relationship. The Services are
offered through the HomeRiff website and mobile application (if applicable) (each, an
“Application”), which enable Clients to vet and select an appropriate property specialist.
Subject to your compliance with these Terms, HomeRiff grants you a limited, non-exclusive,
non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on
your personal device solely in connection with your use of the Services; and (ii) access and use
any content, information and related materials that may be made available through the
Application, in each case solely for your personal, noncommercial use. Any rights not expressly
granted herein are reserved by HomeRiff and HomeRiff’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion
of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license,
lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or
otherwise exploit the Services except as expressly permitted by HomeRiff; (iii) decompile,
reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv)
cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or
otherwise data mining any portion of the Services or unduly burdening or hindering the operation
and/or functionality of any aspect of the Services; (v) attempt to gain unauthorized access to or
impair any aspect of the Services or its related systems or networks; (vi) with respect to the
Application and the Services, violate or instruct any employee, agent, or affiliate of any kind to
violate any applicable local, state or federal law or regulation (collectively “Applicable Laws”).
5. Property Specialist Services
As part of the Services, HomeRiff will make available to Clients a marketplace of property
specialists (“Property Specialists”) who have agreed to work with Client and/or the current
tenant or other authorized individual at the Property to conduct site visits and/or perform
requested inspections, repairs, improvements or other work at the Property (“Site Visits”). Any property walkthrough or inspection performed by a Property Specialist is informational and not legally binding as Property Specialists are not licensed home inspectors. The Property Specialists will be paid out of the “Fee” charged to the Client. Property Specialists are not permitted to provide the same or similar services to Clients outside of the Application and HomeRiff payment processing, and Client hereby acknowledges and agrees that engaging in any such activity is a violation of these Terms.
HomeRiff does not guarantee the accuracy, precision, technical specifications, or other content
of the Site Visits. Additionally, in accordance with Section 9 below, HomeRiff disclaims all
liability associated with or arising from Site Visits. Both Property Specialists and Clients have
the right to terminate this relationship at any time.
The Application and all rights therein are and shall remain HomeRiff’s property or the property
of HomeRiff’s licensors. Neither these Terms nor your use of the Application convey or grant
to you any rights: (i) in or related to the Application except for the limited license granted above;
or (ii) to use or reference in any manner HomeRiff’s company names, logos, product and service
names, trademarks or services marks or those of HomeRiff’ licensors.
7. Access and Use of the Services
A. Client Accounts
In order to use the Client-specific Services, you must select within the Application,
register for and maintain an active Client account (“Account”). You must be at least 18
years of age, or the age of legal majority in your jurisdiction (if different than 18), to
obtain an Account. Client Account registration requires you to submit to HomeRiff
certain information, such as your name, your company name, your or your company’s
address, your mobile phone number, age, the address and key characteristics of the
Property or Properties that will be subject to the Services, any access code or other
specific access information, including directions, as well as at least one valid payment
method supported by HomeRiff. You agree to maintain accurate, complete, and
up-to-date information in your Account. Your failure to maintain accurate, complete, and
up-to-date Account information, including a valid, non-expired payment method, may
result in your inability to access or use the Services. You are responsible for all activity
that occurs under your Account, and you agree to maintain the security and secrecy of
your Account username and password at all times. Unless otherwise permitted by
HomeRiff in writing, you may only possess one Client Account, and you may not assign
or otherwise transfer your Account to any other person or entity. You agree to comply
with all applicable laws when accessing or using the Services, and you may only access
or use the Services for lawful purposes. You may not in your access or use of the
Services cause nuisance, annoyance, inconvenience, or property damage, whether to the
Property Specialist or any other party.
B. Client Requirements and Conduct
At all times when acting as a Client you agree to: (i) keep the Properties and their access
in commercially reasonable condition, clean and free from unreasonable defects or
hazards; (ii) be responsive to inquiries from Property Specialists for information about
the Properties, including in particular with respect to scheduling Site Visits; (iii) make
available to the Property Specialists the means for gaining access to the Properties (e.g.
gate codes or other entry access codes or combinations); (iv) maintain appropriate
insurance for all Properties listed with the Services in accordance with applicable law;
and (v) comply with all applicable laws and regulations with respect to disclosing to
current tenants of the applicable Properties that you have or intend to share certain
personal data regarding their residency and other aspects of the Property with HomeRiff
and Property Specialists. Additionally, you agree that for any Site Visit it is your
responsibility to ensure that the Property is vacant, or, if occupied by an existing tenant,
that the Site Visit corresponds with a date and time during which the existing tenant has
consented to the Property Specialist’s access to the Property. If the existing tenant at a
Property has any pets at the Property, you will ensure that the pets are secure or absent
during the Site Visit.
C. Client Representations
By initiating the Services and agreeing to these Terms you represent and warrant to
HomeRiff that (i) you personally, or the entity you represent, owns, or has authority to
manage access to and direct the performance of repairs or improvements on, the
Properties, (ii) that these Terms do not conflict with any other contract or obligation, and
(iii) that you have the right and authority to share information about the Property,
including the current occupancy (if any) of the Property, with HomeRiff, and that you
hereby assign that right to HomeRiff.
D. Text Messaging and Telephone Calls
From time to time or as requested by you, HomeRiff or Property Specialists may attempt
to contact you by phone call, text message or email. All such communications will
communications as outlined therein or within the communication itself.
E. Network Access and Devices
You are responsible for obtaining the data network access necessary to use the
Application. Your mobile network’s data and messaging rates and fees may apply if you
access or use the Application from your device. You are responsible for acquiring and
updating compatible hardware or devices necessary to access and use the Services and
Applications and any updates thereto. HomeRiff does not guarantee that the Application,
or any portion thereof, will function on any particular hardware or devices. In addition,
the Application may be subject to malfunctions and delays inherent in the use of the
internet and electronic communications.
8. Payment to HomeRiff
As a Client, you understand that use of the Services will result in charges to you as posted on the
Application and modified from time to time (“Charges”). HomeRiff will receive and/or enable
your payment of the applicable Charges for services or goods obtained through your use of the
Services. Charges will be inclusive of applicable taxes where required by law.
All Charges and payments will be enabled by HomeRiff using the preferred payment method
designated in your Account, after which you will receive a receipt by email. If your primary
Account payment method is determined to be expired, invalid or otherwise not able to be
charged, you agree that HomeRiff may use a secondary payment method in your Account, if
available. Charges paid by you are final and non-refundable, unless otherwise determined by
HomeRiff, in our sole discretion.
As between you and HomeRiff, HomeRiff reserves the right to establish, remove and/or revise
Charges for any or all services obtained through the use of the Services at any time in
HomeRiff’s sole discretion. HomeRiff may from time to time provide certain users with
promotional offers and discounts that may result in different amounts charged for the same or
similar services or goods obtained through the use of the Services, and you agree that such
promotional offers and discounts, unless also made available to you, shall have no bearing on
your use of the Services or the Charges applied to you. HomeRiff may use the proceeds of any
Charges for any purpose.
9. Disclaimers; Limitation of Liability; Indemnity
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” HOMERIFF
DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED,
OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
HOMERIFF MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE
REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR
AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS
REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES
WILL BE UNINTERRUPTED OR ERROR-FREE. HOMERIFF DOES NOT
GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF
PROPERTY SPECIALISTS. YOU AGREE THAT ANY RISK ARISING OUT OF
YOUR USE OF THE SERVICES, AND NOT EXPLICITLY COVERED IN THE
TERMS, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION
THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT
PERMITTED UNDER APPLICABLE LAW.
B. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW,
HOMERIFF SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST
PROFITS, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN
CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE
SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE,
AFFIRMATIVE, SOLE, OR CONCURRENT) OF HOMERIFF, EVEN IF
HOMERIFF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR THE DAMAGES WERE FORESEEABLE.
HOMERIFF SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR
LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES
OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY
TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY PROPERTY
SPECIALIST OR ANY OTHER PERSON, EVEN IF HOMERIFF HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HOMERIFF SHALL
NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING
FROM CAUSES BEYOND HOMERIFF’S REASONABLE CONTROL,
INCLUDING, SPECIFICALLY, ANY DELAY OR FAILURE IN PERFORMANCE
BY A PROPERTY SPECIALIST.
IN NO EVENT SHALL HOMERIFF’S AGGREGATE LIABILITY ARISING OUT
OF OR RELATED TO THE SERVICES, WHETHER ARISING OUT OF OR
RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO HOMERIFF
FOR THE SERVICES PROVIDED TO CLIENT IN THE TWELVE- (12-) MONTH
PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS,
HOMERIFF’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED
BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON HOMERIFF’S
CHOICE OF LAW PROVISION SET FORTH BELOW.
You agree to indemnify and hold HomeRiff and its affiliates and their officers, directors,
employees, and agents harmless from any and all claims, demands, losses, liabilities, and
expenses (including attorneys’ fees) (“Claims”), arising out of or in connection with: (i)
your use of the Services, (ii) your breach or violation of any of these Terms, (iii)
HomeRiff’s use of your user content, (iv) any Claims arising out of or resulting from any
Site Visit to any Property, or (v) your violation of the rights of any third party, including,
without limitation, Property Specialists.
10. Arbitration Agreement
By agreeing to the Terms, you agree that you are required to resolve any claim that you may
have against HomeRiff on an individual basis in arbitration, as set forth in this Arbitration
Agreement. This will preclude you from bringing any class, collective, or representative action
against HomeRiff, and also preclude you from participating in or recovering relief under any
current or future class, collective, consolidated, or representative action brought against
HomeRiff by someone else.
A. Agreement to Binding Arbitration between You and HomeRiff
You and HomeRiff agree that any dispute, claim or controversy arising out of or relating
to (a) these Terms or the existence, breach, termination, enforcement, interpretation or
validity thereof, or (b) your access to or use of the Services at any time, whether before or
after the date you agreed to the Terms, will be settled by binding arbitration between you
and HomeRiff, and not in a court of law.
You acknowledge and agree that you and HomeRiff are each waiving the right to a trial
by jury or to participate as a plaintiff or class member in any purported class action or
representative proceeding. Unless both you and HomeRiff otherwise agree in writing,
any arbitration will be conducted only on an individual basis and not in a class,
collective, consolidated, or representative proceeding. However, you and HomeRiff each
retain the right to bring an individual action in small claims court and the right to seek
injunctive or other equitable relief in a court of competent jurisdiction to prevent the
actual or threatened infringement, misappropriation or violation of a party’s copyrights,
trademarks, trade secrets, patents or other intellectual property rights.
B. Rules and Governing Law
The arbitration will be administered by the American Arbitration Association (“AAA”) in
accordance with the AAA’s Consumer Arbitration Rules and the Supplementary
Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as
modified by this Arbitration Agreement. The AAA Rules are can be obtained online at
the AAA website or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local
court or agency, shall have exclusive authority to resolve any disputes relating to the
interpretation, applicability, enforceability or formation of this Arbitration Agreement,
including any claim that all or any part of this Arbitration Agreement is void or voidable.
The Arbitrator shall also be responsible for determining all threshold arbitrability issues,
including issues relating to whether the Terms are unconscionable or illusory and any
defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and
acknowledge that this Arbitration Agreement evidences a transaction involving interstate
commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern
its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the
parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent
permitted by law. If the FAA and AAA Rules are found to not apply to any issue that
arises under this Arbitration Agreement or the enforcement thereof, then that issue shall
be resolved under the laws of the state of Oregon.
A party who desires to initiate arbitration must provide the other party with a written
Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form
Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the
AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an
attorney specifically licensed to practice law in the United States and will be selected by
the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are
unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for
Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
D. Location and Procedure
Unless you and HomeRiff otherwise agree, the arbitration will be conducted in the
county where you reside. If your claim does not exceed $10,000, then the arbitration will
be conducted solely on the basis of documents you and HomeRiff submit to the
Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is
necessary. If your claim exceeds $10,000, your right to a hearing will be determined by
the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to
direct a reasonable exchange of information by the parties, consistent with the expedited
nature of the arbitration.
E. Arbitrator’s Decision
The Arbitrator will render an award within the time frame specified in the AAA Rules.
Judgment on the arbitration award may be entered in any court having competent
jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in
favor of the claimant and only to the extent necessary to provide relief warranted by the
claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all
parties. An Arbitrator’s decision and judgment thereon shall have no precedential or
collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of
attorneys’ fees and expenses, to the extent provided under applicable law.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be
solely as set forth in the AAA Rules.
G. Severability and Survival
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for
any reason, (1) the unenforceable or unlawful provision shall be severed from these
Terms; (2) severance of the unenforceable or unlawful provision shall have no impact
whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to
compel arbitration of any remaining claims on an individual basis pursuant to the
Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a
class, collective, consolidated, or representative basis, such claims must be litigated in a
civil court of competent jurisdiction and not in arbitration, and the parties agree that
litigation of those claims shall be stayed pending the outcome of any individual claims in
A. Choice of Law
These Terms will be governed by and construed in accordance with the laws of the State
of Oregon without reference to its conflict of laws provisions. You agree to submit to the
exclusive jurisdiction and venue in the state and federal courts located in Portland,
Oregon for any and all disputes, claims, and actions arising from or in connection with
the Services or these Terms. The foregoing choice of law and forum selection provisions
do not apply to the Arbitration Agreement in Section 10 or to any arbitrable disputes as
defined therein, which shall be governed by the Federal Arbitration Act.
HomeRiff may give notice by means of a general notice within the Application,
electronic mail to the email address associated with your Account, telephone or text
message to any phone number provided in connection with your Account, or by written
communication sent by first class mail or pre-paid postage to any address connected with
your Account. Such notice shall be deemed to have been given upon the expiration of 48
hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours
after sending (if sent by email or telephone). You may give notice to HomeRiff, with
such notice deemed given when received by HomeRiff, at any time by first class mail or
pre-paid post to: HomeRiff Inc., Attn: Phil Schaller President, 1001 SW Emkay Drive,
Suite 100, Bend, Oregon 97702.
Nothing in these Terms creates a joint venture, partnership, agency or similar endeavor
between you and HomeRiff. You may not assign these Terms without HomeRiff’s prior
written approval. Any use of your Account by any person other than you is a material
breach of this Agreement. HomeRiff may assign these Terms without your consent to:
(i) a subsidiary or affiliate; (ii) an acquirer of HomeRiff’s equity, business or assets; or
(iii) a successor by merger. Any purported assignment not in accordance with this
section shall be void. If any provision of these Terms is held to be invalid or
unenforceable, such provision shall be struck and the remaining provisions shall be
enforced to the fullest extent under law. HomeRiff’s failure to enforce any right or
provision in these Terms shall not constitute a waiver of such right or provision unless
acknowledged and agreed to by HomeRiff in writing. This provision shall not affect the
Severability and Survivability section of the Arbitration Agreement section of these
[END OF HOMERIFF TERMS OF SERVICE]