RELIABLE RESIDENCE - TERMS OF SERVICE FOR RENTERS
These Terms of Service ("Terms") constitute a legally binding agreement between the undersigned Renter ("Renter" or "you") and Reliable Residence LLC, a Wisconsin limited liability company ("Marketplace," "we," "our," or "us"), governing your use of our platform and related services ("Marketplace Services") to book short-term rental properties provided by Hosts ("Host").
SECTION 1 - ROLE OF THE MARKETPLACE
1.1. Neutral Venue for Listings. The Marketplace is a neutral venue that allows Hosts to list residential properties ("Properties") for rent by traveling professionals and other short-term renters.
1.2. No Guarantee on Suitability. We do not own, operate, manage, lease, or control any Properties listed through the Marketplace Services. We are not a party to any rental agreements entered into between Hosts and Renters. We do not vet, endorse, or guarantee the suitability of Renters.
1.3. Hosts Solely Responsible for Screening. Hosts are solely responsible for screening and selecting Renters. This may include contacting you directly to request additional documentation such as background checks, income verification, or references. Such off-platform communication for screening purposes is permitted. However, all booking confirmations and rent payments must be completed through the Reliable Residence platform. Reliable Residence is not involved in the screening process and does not review or store any documentation submitted to Hosts. Any rental or lease agreement is made solely between you and the Host.
SECTION 2 - RENTER RESPONSIBILITIES
2.1. Profile Creation. Renters must create a profile through the Marketplace website before using the platform to search for or book listings. You agree to provide accurate, complete, and current information during the registration process.
2.2. Platform Use. All rental bookings must be made through the Marketplace using our integrated payment processor. You agree not to attempt to arrange, facilitate, or complete bookings outside of the Marketplace Services.
2.3. Off-Platform Booking Prohibited. Any attempt to bypass the Marketplace by coordinating or making payment outside the platform constitutes a breach of these Terms and may result in suspension or termination of access.
2.4. Lease Terms. Any rental or lease agreement is solely between you and the Host. The Marketplace is not a party to the lease and does not negotiate or modify its terms. You are solely responsible for understanding and complying with the lease you enter into.
SECTION 3 - FEES AND PAYMENT STRUCTURE
3.1. Renter Marketplace Fee. Renters will pay the full rental amount through the Marketplace Services. A service fee equal to five percent (5%) of the monthly rental amount (the "Marketplace Fee") will be automatically added to the total amount billed to the Renter.
3.2. Exclusive Payment Processor. Renter agrees to use the Marketplace Services as the exclusive payment processor for any rental agreements facilitated through the platform. The Renter Marketplace Fee is paid by the Renter as part of the overall rental payment. The remaining balance is remitted to the Host after deduction of the Host Marketplace Fee.
3.3. Liability for Marketplace Fee. The Renter is responsible for paying all applicable Marketplace Fees for the full duration of the lease term, regardless of whether monthly rent is paid to the Host, unless the Renter is prevented from occupying the property through no fault of their own or the lease is legally terminated by mutual agreement. In the event that any previously unpaid rent is later paid (including through back payment, collections, or settlement), the corresponding Marketplace Fees for that rent shall also become due and may be invoiced at that time.
3.4. No Off Marketplace Payments. Hosts shall not encourage or permit Renters to make off-Marketplace payments for Properties booked through the Marketplace Services.
SECTION 4 – USE OF MARKETPLACE SERVICES AND LISTINGS
4.1. Use of Listings. Renters may use the Marketplace Services to search for and request bookings of available properties listed by Hosts. Renters are responsible for reviewing listing details, including availability, pricing, and property features, before initiating a booking.
4.2. Renter Conduct. While using the Marketplace Services, Renters agree not to:
- Provide false, misleading, or inaccurate information in any communication or profile;
- Engage in discriminatory, unlawful, or abusive conduct when interacting with Hosts or Marketplace representatives;
- Attempt to circumvent the Marketplace by arranging or completing bookings or payments outside the platform.
4.3. Suspension of Access. The Marketplace reserves the right to restrict, suspend, or terminate a Renter's access to the platform or cancel any pending booking if the Renter is found to have violated these Terms, engaged in fraudulent or harmful activity, or otherwise presents a risk to Hosts, other Renters, or the integrity of the Marketplace Services, all in our sole and absolute discretion.
SECTION 5 - DISCLAIMERS AND LIMITATION OF LIABILITY
5.1. No Warranties. To the fullest extent permitted under applicable law, the Marketplace disclaims all warranties, express or implied, regarding property listings, Host conduct, rental terms, or the condition and safety of the properties.
5.2. Assumption of Risk. You acknowledge that using the Marketplace involves inherent risks, including, without limitation, the risk of property damage, injury, unsatisfactory housing conditions, misrepresentation by Hosts, and other potential harms. You assume all such risks voluntarily.
5.3. Limitation of Liability. Under no circumstances shall the Marketplace be liable for any direct, indirect, incidental, special, or consequential damages, including bodily injury, property damage, or financial loss, arising from your use of the platform or rental of any property.
5.4. No Responsibility for Third Parties. We are not responsible for the conduct, acts, or omissions of any Host, guest, third-party service provider, or other platform user.
SECTION 6 – INDEMNIFICATION
PLEASE REVIEW THIS SECTION CAREFULLY. IT REQUIRES YOU TO INDEMNIFY THE MARKETPLACE UNDER CERTAIN CIRCUMSTANCES.
6.1. Indemnification by Renter. To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Marketplace, its affiliates, owners, officers, directors, employees, agents, and representatives (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, suits, damages, losses, liabilities, penalties, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:
- Your use of the Marketplace Services or rental of any Property;
- Your violation of any applicable law, rule, or regulation;
- Your breach of any representation, warranty, or obligation under these Terms;
- Any agreement or dispute between you and a Host;
- Any claim for personal injury, death, or property damage related to your conduct or occupancy of a Property;
- Any negligent, willful, fraudulent, or unlawful act or omission by you or your guests.
6.2. Reckless or Intentional Misconduct of Marketplace. Notwithstanding the foregoing, you shall not be required to indemnify the Marketplace or any Indemnified Party to the extent that a claim results from the Marketplace's own reckless or intentional misconduct.
6.3. Control. The Marketplace reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such cases, you agree to cooperate fully with the Marketplace in asserting any available defenses.
6.4. Survival. Your obligations under this Section shall survive the termination or expiration of these Terms.
SECTION 7 – TERM AND TERMINATION
7.1. Term. These Terms remain in effect for the duration of your use of the Marketplace Services, including the term of any active lease facilitated through the Marketplace, and until terminated by either party. Termination of your access to the Marketplace Services does not affect any obligations you may have under an active lease agreement made with a Host.
7.2. Termination by Renter. You may terminate these Terms by closing your account and ceasing use of the Marketplace Services, provided that all outstanding obligations (including any Marketplace Fees) have been fulfilled.
7.3. Termination by Marketplace. The Marketplace may suspend or terminate your access to the platform immediately if:
- You breach any provision of these Terms;
- Your use of the platform presents a reputational, operational, or legal risk, as determined in the sole and absolute discretion of the Marketplace.
SECTION 8 – FINAL TERMS
8.1. Governing Law. These Terms shall be governed by the laws of the State of Wisconsin, without regard to its conflict of law principles.
8.2. Venue and Jury Waiver. Venue for any dispute shall be in the state or federal courts located in Milwaukee County, Wisconsin. Each party waives the right to trial by jury in any such action.
8.3. Notices. Any notice required or permitted under these Terms shall be deemed given: (a) when delivered personally; (b) one (1) business day after being sent by a reputable overnight courier service; or (c) upon transmission if sent by email, provided no bounce-back or delivery failure notification is received. Notices shall be sent to the email or physical address on file in the Marketplace account settings or as otherwise designated in writing.
8.4. Entire Agreement. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.
8.5. No Waiver. No waiver of any provision of these Terms shall be effective unless in writing and signed by the party waiving the right. No waiver shall be deemed a continuing waiver unless expressly stated.
8.6. Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be interpreted to best accomplish the objectives of the original provision.
8.7. No Assignment. Neither party may assign these Terms without the other party's prior written consent, except to an affiliate or in connection with a merger or sale of substantially all assets. Any assignment in violation of this clause shall be void.
8.8. Independent Contractors. The parties are independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, or employer-employee relationship.
8.9. Survival. Sections 5 and 6, and any other provisions that by their nature should survive, shall survive the termination or expiration of these Terms.
8.10. Electronic Execution. These Terms may be executed electronically, including via DocuSign or any other electronic signature platform, and such execution shall be deemed the same as a handwritten signature for all purposes.
SECTION 9 - PRIVACY POLICY
9.1. Information Collected. The Marketplace collects and stores your name, email address, and phone number solely for the purpose of operating the platform and facilitating bookings.
9.2. Data Security. We do not store credit card information, bank account details, government-issued identification, or Social Security numbers. Your personal data is never sold or shared with unrelated third parties.
9.3. Communications. You agree that the Marketplace may contact you via email, phone, or other provided contact methods for matters related to bookings, account updates, payment processing, or other operational needs. From time to time, we may also send you promotional emails or newsletters about platform updates, new features, or other information relevant to Renters. You may opt out of marketing communications at any time by following the unsubscribe link in your email.
SPECIAL PROVISIONS
In limited cases, and only with express written permission from Christina Henderson or Tyler Henry, Reliable Residence may authorize a property owner to collect rent directly from the Renter using their own point-of-sale or credit card processing system. In such instances, Reliable Residence will invoice the property owner for the full Marketplace Service Fee, including both the Renter and Host portions. The Renter will not be invoiced separately for the Service Fee when this exception is granted.
Unless such express written authorization has been provided by Reliable Residence, all rent payments must be made through the Marketplace platform in accordance with these Terms. All other provisions of these Terms remain unchanged and in full force and effect.
Last updated: March 15, 2024