Welcome to byebyerent! The www.byebyerent.com website (the “Site”) is comprised of various web pages operated by byebyerent, (together with its affiliates, parents, subsidiaries, directors, officers, employees, consultants, agents and representatives, byebyerent). The terms, conditions, provisions and notices contained herein (the “Terms”) govern your use of the Site and the other products, features, apps, services, technologies and software offered by Byebyerent (together with the Site, the “Services”), except where we expressly state that separate terms (and not these Terms) apply. The Services are offered to you conditioned on your acceptance without modification of the Terms, and your use of the Services constitutes your agreement to the Terms. Please read the Terms carefully and keep a copy of them for your reference.
Electronic Communications / E-SIGN Consent Agreement
Visiting the Site or sending emails to Byebyerent constitutes electronic communications. This “E-Sign Consent” constitutes your consent to receive disclosures and other information in electronic form. In connection with Byebyerent’s residential lease program, Byebyerent is required by law to provide you with certain disclosures. Without your consent, Byebyerent is not permitted to provide those disclosures to you online. If you do not consent to this E-Sign Consent, you should refrain from applying for byebyerent's residential lease program and seek alternative housing opportunities. Consumer Consent. Before completing any transaction with Byebyerent, you will be asked to consent to, among other things, this E-SIGN Consent Agreement. Your consent to byebyerent’s E-SIGN Consent Agreement constitutes your electronic signature and manifests your consent and agreement to the following terms: A. byebyerent, and its third-party vendors (collectively, the “Company”) may provide disclosures required by law and any other information about your legal rights and duties and your account to you electronically. B. The Company can send any communications, billing statements, or required disclosures (together, “Disclosures”) to you electronically to the email address that you have provided to us. C. The Company will notify you via e-mail when the Disclosures are available. The Disclosures will be available for at least thirty (30) days and will be provided to you in a format that can either be printed or downloaded for your records. Whenever the Company sends you an email regarding the Disclosures, that email will contain instructions regarding how to view the Disclosures. D. Your electronic signature on agreements and documents has the same effect as if you signed them in ink. E. This consent applies to any transaction undertaken with the Company in the past, to all future disclosures and communications on your account, to all future transactions with the Company, at any time, to any transaction with us, and to other Disclosures that we provide to you by email. • Minimum Requirements. You understand that, in order to view and/or retain copies of the Disclosures, you may need a computer with an Internet connection (PCs should be running Windows 7 or higher and Internet Explorer 10 or higher, Chrome, or Firefox; Macs should be running OSX and Safari, Chrome, or Firefox); a mobile device (iOS 6.0 or higher devices running Safari or Chrome; Android 4.0 or higher devices running Android Browser or Chrome), a valid email address, a working mobile telephone number that can receive text messages, sufficient storage space to save Disclosures or the capability to print the Disclosures from the device on which you view them. • Withdrawing Consent. You are free to withdraw your consent at any time. If at any time you wish to withdraw your consent, you can send us your request by submitting a request through firstname.lastname@example.org. If you decide to withdraw your consent, the legal effectiveness, validity and/or enforceability of prior electronic Disclosures will not be affected and the Company may close or limit access to your account. You agree to pay any amount owed to the Company even if you withdraw your consent and we close or limit access to your account. • Legal Effect. Your consent to this E-Sign Consent means that Disclosures the Company provides to you electronically shall have the same meaning and effect as if provided in paper form. A text message or email alerting you that Disclosures are available electronically, provided that the Disclosures are made available online shall have the same meaning and effect as if the Company had provided those Disclosures to you in paper form, regardless of whether you actually view those Disclosures, unless you have withdrawn your consent prior to receiving such Disclosures. • Miscellaneous. You agree that the Company may modify or change the methods of disclosure described herein, and that the Company may send you Disclosures in paper form at its option. You can obtain a paper copy of an electronic Disclosure at no charge, provided that such request is made within a reasonable time after we first provided the electronic Disclosure to you. To request a paper copy of a Disclosure, contact email@example.com. You also agree that the Company is not responsible for any delay or failure in your receipt of any text message or email notice that is not caused by the Company’s failure to send such a notice to the phone number or email address you have provided for that purpose. Your Account If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Byebyerent is not responsible for third party access to your account that results from theft or misappropriation of your account. Byebyerent and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Consent to Receipt of Communications
By using the Services, you consent to receive information from us via SMS, MMS and/or OTT messages sent through an automated telephone dialing system (“Text Service”), even if you have opted in to the National Do Not Call List, any state Do not Call List, or the internal Do Not Call List of any company. You may be required to respond to an initial message as instructed to complete your registration and confirm enrollment in the Text Service. The enrollment process will disclose the program and options to cancel your enrollment. You do not have to participate in the Text Service in order to use the Services. In the event you no longer want to participate in the Text Service, you agree to notify us directly. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Company account information to ensure that your messages are not sent to the person that acquires your old number. There is no additional charge for the Text Service, but your mobile carrier’s standard message and data rates apply to any messages you send or receive through the Text Service, including confirmations and subsequent texts. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any SMS, MMS or OTT messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan. As described in the Text Service enrollment and welcome messages, including messages sent to a shortcode associated with the Text Service or by reply to any message you receive from us, you may text “STOP” to cancel. If you choose to cancel your Text Service, you agree to receive a final text message from the Text Service confirming your cancellation. In the event that you have the ability to invite others to use the Services through the Text Service by providing the numbers of those you want to invite or by selecting the individuals you want to invite from your contacts list, and by asking us to invite others to use the Services, you represent to us that those you invite consented to receive the automated invitation messages and that you are authorized to convey that consent to us.
Children Under Thirteen
Byebyerent does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. In order to use or access any of the Services, you must be (1) at least 18 years old, or (2) at least 13 years old and have your parent or guardian’s consent to the Terms.
Links to Third Party Sites/Third Party Services
www.byebyerent.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Byebyerent and Byebyerent is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Byebyerent is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Byebyerent of the site or any association with its operators. Certain services made available via www.byebyerent.com are delivered by third party sites and organizations. By using any of the Services or any product, service or functionality originating from the www.byebyerent.com domain, you hereby acknowledge and consent that Byebyerent may share such information and data with any third party with whom Byebyerent has a contractual relationship to provide the requested product, service or functionality on behalf of Byebyerent users and customers.
No Unlawful or Prohibited Use/Intellectual Property
Third Party Accounts
You will be able to connect your Byebyerent account to third party accounts. By connecting your Byebyerent account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Services are controlled, operated and administered by Byebyerent from our offices within Belgium. If you access the Services from a location outside Belgium, you are responsible for compliance with all local laws. You agree that you will not use the Byebyerent content accessed through the Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless the Company, for any losses, costs, liabilities and expenses including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or other Services, any user postings made by you, your violation of any of the Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Byebyerent reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Byebyerent in asserting any available defences.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration, conducted by a single neutral arbitrator a, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to those. Any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.
Class Action Waiver
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Byebyerent agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Byebyerent AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. Byebyerent AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE OR IN THE OTHER SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Byebyerent AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL byebyerent. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR OTHER SERVICES, WITH THE DELAY OR INABILITY TO USE THE SITE OR OTHER SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, THE OTHER SERVICES OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR OTHER SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Byebyerent OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR OTHER SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE OR OTHER SERVICES.
Byebyerent reserves the right, in its sole discretion, to terminate your access to the Services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Byebyerent as a result of this agreement or use of the Services. byebyerent's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of byebyerent's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Byebyerent with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Byebyerent with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Byebyerent with respect to the Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Byebyerent reserves the right, in its sole discretion, to change the Terms under which the Services are offered. The most current version of the Terms will supersede all previous versions. Byebyerent encourages you to periodically review the Terms to stay informed of our updates.
Byebyerent welcomes your questions or comments regarding the Terms by email at info (at) Byebyerent (dot) com. Byebyerent SRL, 104 Chaussée de Bruxelles Waterloo. company number 0757.883.962.