Terms of Service

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS REQUIRE YOU TO ARBITRATE DISPUTES, WAIVE YOUR RIGHT TO A JURY TRIAL, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF.  By using or accessing CashRent.com or CommonGround.io or any subdomain of any such websites, any mobile application for such websites, or any other online service operated by CashRent LLC dba CommonGround (“CommonGround” “we,” “us” or “our”) on which these Terms of Use are posted via a link or otherwise referenced (each referred to herein as a “Site“), you acknowledge and agree that you are subject to the following terms and conditions, as well as our Privacy Policy, which also governs your use of the Site, and is incorporated by reference (These Terms of Use together with the Privacy Policy shall be referred to as the “Terms”). The term “you” refers to the user visiting the Site, listing a property, searching for property to rent on the Site or other CommonGround sites (“Affiliated Sites”). If you do not fully agree to the Terms and any other terms and conditions posted or linked to any Site, you are not authorized to access or otherwise use the Site.  

Each Site is operated by CommonGround, LLC unless otherwise specified.  The Terms constitute a legally binding agreement between you and CommonGround. You are not authorized to use the Site unless you are at least 18 years of age and able to enter into legally binding contracts.  

1. Use of Site and Transactions Between Users

We urge all users to be responsible about their use of the Site and any transaction entered into in connection with the Site.  THE SITE IS A VENUE, AND COMMONGROUND IS NOT A PARTY TO ANY LEASE AGREEMENT OR OTHER TRANSACTION BETWEEN USERS OF THE SITE. We do not own or manage, nor can we contract for, any property listed on a Site. The Site provides an online marketplace to allow landowners, property managers and listing agents who advertise on the Site (each, a “Member”) to offer a specific property for rent, lease or other transaction (a “Lease”) in a variety of pricing formats, to farmers or other potential renters or landholders (a “Farmer” and, collectively with Members, the “Users”). The term Members may also include property owners or managers who originally advertised their properties on another website, including CommonGround Affiliated Sites, and their listings have been redistributed on the Site. We also may offer other tools or services via the Site to allow Users to communicate with each other and enter into rental agreements or other transactions.  

We are not a party to any Lease or other agreement between Users.  As a result, any part of an actual or potential transaction between a Farmer and a Member, including the quality, condition, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any review relating to any farmer or property), the ability of Members to rent a property, or the ability of a Farmer to contract for properties, are solely the responsibility of each User. You acknowledge and agree that you may be required to enter into one or more separate agreements (i.e. agency or real estate brokerage), waivers or terms and conditions before listing a property or making an offer for a property or entering a Lease or purchasing a product or service, and CommonGround or one of its affiliates may place additional restrictions on your Lease, product or service. Users agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any tool, service or product offered on the Site, and any transaction they enter into on the Site or in connection with their use of the Site.

Members agree that they are responsible for and agree to abide by all laws, rules, ordinances, or regulations applicable to the listing of their property and the conduct of their rental business, including but not limited to any and all laws, rules, ordinances, regulations or other requirements relating to taxes, credit cards, data and privacy, permits or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable.  Members who obtain personal information from Farmers agree to properly handle and safeguard all such information in accordance with applicable legal and regulatory requirements and best practices.

A Farmer is bound by the terms and conditions on the CommonGround Site where a Lease is finalized (and not necessarily the Site or Affiliated Site on which the property was originally listed). If there are any conflicts between the terms and conditions of the site a Farmer found the property on, and the terms and conditions of the CommonGround Site the Farmer finalizes a Lease on, the terms and conditions of the CommonGround Site will govern.

While we do take certain measures with a goal to assist Users to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such measures or actions.  When we provide warnings or messages to Users about any such activity, we do not warrant that such messages are accurate or that such messages will reach any or all Users in a timely manner or at all, or that such messages or measures will prevent any harm or otherwise have any impact.

Please be aware that, even though we are not a party to any Lease transaction and assume no liability for legal or regulatory compliance pertaining to rental properties listed on the Site, there may be circumstances where we are nevertheless legally obligated to provide information relating to your listing in order to comply with requests from governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with such obligations in our discretion.

2. Limited License to Use the Site.

Users are granted a limited, revocable non-exclusive license to access the Site and the content and services provided on the Site solely for the purpose of advertising a property, searching for a property, Leasing, purchasing or researching (for the purpose of inquiring about Leasing or purchasing) any of the products or services offered on any Site, participating in an interactive area hosted on the Site, or for any other purpose clearly stated on a Site, all in accordance with the Terms.  Any use of the Site that is not for one of these purposes is expressly prohibited unless otherwise authorized under these Terms or by us in writing.

3. Unauthorized Uses of the Site.

The license to use the Site granted to Users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or any derivative use of the Site, nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engines” do not include a website or search engine or other service that provides classified listings or property rental advertisements, or any subset of the same or which is in the business of providing property rental services or other services that compete with us.

Unauthorized uses of the Site also include, without limitation, those listed below.  Unless otherwise previously and specifically agreed to by us, you agree not to do any of the following:

• Permit any commercial use of the Site or any content on the Site, other than as expressly permitted by these Terms or under a valid license to Software offered on the Site (a “Valid License”);
• Use the Site in a manner that results in a payment, lease agreement, or any part of a rental or other transaction for a listed property that CommonGround is capable of performing taking place outside of the CommonGround platform (“Offsite”).
• Use the Site or the tools and services on the Site for the purpose of committing to or soliciting a rental of a property other than a property listed under a valid subscription on the CommonGround platform;
• Copy, reproduce, upload, post, display, republish, distribute or transmit any part of the Site content in any form whatsoever;
• Reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
• Deep-link to any portion of the Site without our express written permission;
• Modify, translate into any language or computer language or create derivative works from, any content or any part of the Site;
• Reverse engineer any part of the Site;
• Sell, offer for sale, transfer or license any portion of the Site in any form to any third parties;
• Use the Site and its functionality (including the inquiry functionality of the Site) other than to advertise and/or research rentals of property on the Site or to make legitimate inquiries to Members, except as expressly authorized on the Site;
• Use the Site to post or transmit information that is in any way false, fraudulent, or misleading, including making any commitment or inquiry under false pretenses, or taking any action that may be considered phishing or spam or that would give rise to criminal or civil liability;
• Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
• Violate, plagiarize or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or
• Use or access the Site in any way that, in our discretion, adversely affects, or could adversely affect, the performance or function of the Site or any other system used by us or the Site.

If you are aware of, or experience, any content, activity or communication through or in connection with the Site that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us by contacting us as set forth under the “Contact Us” section below.

4. Proprietary Rights and Downloading of Information from the Site.

As between you and us, the Site and all content and information on the Site (other than your User Content) is the property of CommonGround, LLC.  You agree to abide by any and all notices, information or restrictions contained in or relating to any content on the Site. Copying, storing or otherwise accessing the Site or any content on the Site other than for your personal, reference or informational purposes is expressly prohibited except pursuant to a Valid License or prior written permission from us. As part of the rental inquiry or commitment process, for your own personal, noncommercial use and not for further distribution, you may download, display and/or print one copy of any portion of the Site. You may not modify the same, and you must reproduce our copyright notice in the form displayed on the relevant portion(s) of the Site that you desire to download, display or print.

5. Your E-mail Address and Data; Our Privacy Policy.

When you provide your email address, name or other information to us in connection with your use or access to the Site, any service or tool provided on the Site or otherwise, you agree to allow the Site and Affiliated Sites to add your email address, name or other information provided to our database of users. You may receive one or more promotional emails from either the Site or an Affiliated Site. You may opt not to receive such promotional e-mails from the Site or Affiliated Site at any time. Please review our Privacy Policy for more information regarding our email and other data collection practices and safeguards, and how to opt not to receive such emails. Your use of the Site signifies your acknowledgment of, and agreement with, our Privacy Policy.  

6. Identity Verification.

User verification on the Internet is difficult and we cannot, and do not assume any responsibility for, the confirmation of a User’s purported identity. We encourage you to communicate directly with a User through the tools available on the Site, though even this does not assure you of the identity of the person with whom you are communicating. We further encourage you to take other reasonable measures to assure yourself of the other person’s identity, and the relevant details regarding a listed property and your commitment or proposed commitment with respect thereto.

7. User Accounts.

You are responsible for maintaining the confidentiality of the online ID for your account for accessing the Site (“Account”) and associated password, and for all activities that occur under your Account. You agree to: (a) keep your password and online ID for your Account with us secure and strictly confidential, providing it only to authorized users of your accounts, (b) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (c) notify us immediately and select a new online ID and password if you believe the password for your account may have become known to an unauthorized person, and (d) notify us immediately if you are contacted by anyone requesting your online ID and password.  

To the fullest extent permitted by law you agree to indemnify, defend and hold us and our affiliates harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by us or our affiliates, employees, or representatives arising out of the use of your Account.  You agree not to settle any such claim or incur any liability or admission of guilt on our behalf without our consent.  We reserve the right, at our expense, to assume the defense and control of any matter subject to indemnification by you.

EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER COMMONGROUND NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S ID OR PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR COMMONGROUND ACCOUNT (AND ANY ASSOCIATED EMAIL ACCOUNT) COULD CAUSE YOU TO INCUR LIABILITY TO BOTH COMMONGROUND AND OTHER USERS.

If we suspect any unauthorized access to your account, upon our request, you agree to promptly change your ID and password and take any other related action as we may reasonably request. We may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.

8. Limitations on Communications and Use of Other Users’ Information; No Spam.

You agree that, with respect to personal information that you obtain directly or indirectly from or through the Site or through any Site-related communication, transaction or software, that you may only use such information for: (i) Site-related communications that are not unsolicited commercial messages, (ii) using services offered through the Site, and (iii) inquiring about or otherwise facilitating a financial transaction between you and the other user related to the purpose of the Site (such as inquiring about or committing to a property). Any other purpose or disclosure will require express permission from the individual.  You may not use any such information for any unlawful purpose or with any unlawful intent.  You agree that you will protect other Users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care).  You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms.

You agree that other Users may use your personal information available via the Site to communicate with you in accordance with this Section. 

9. Responsibility for User Content; Participation in Interactive Forums.

We have no duty to pre-screen content posted on the Site by Members, Farmers or other Users, whether directly contributed by the User or contributed by us or a third party on behalf of the User (collectively, “User Content”), including, without limitation, property listings, reviews of a rental property or a farmer, or participation in an interactive community, forum, blog or feature of this Site (each an “Interactive Forum”).  “User Content” also includes information that a User or any other person provided to a third-party website or mobile application that is then provided to our Site by a tool we offer or any other exchange of User Content we have authorized.

We reserve the right to decline to permit the posting on the Site of or to remove from the Site any User Content that fails to meet our content guidelines as specified in these Terms or which are posted on the Site (collectively “Content Guidelines” which are hereby incorporated by reference into these Terms), or that otherwise violates these Terms, each as determined in our discretion. We reserve the right, but do not assume the obligation, to edit a Member’s content or User Content in a non-substantive manner solely to cause the content to comply with our Content Guidelines or formatting requirements or to provide services to Members to create or improve listings (such as translation services), in accordance with information we have about the property listed.  Users remain responsible for reviewing their User Content to ensure it is accurate and not misleading.

At a minimum, User Content (as determined by us in our discretion):

• Must not infringe anyone’s rights, including but limited to copyright and rights of publicity and privacy, violate the law or otherwise be inappropriate;
• Must not include personal information that can be used to identify or contact any person;
• Must not include unsolicited promotional content, advertising, political campaigns, contests, raffles or solicitations;
• Must be directly related to the Site, business service, product or forum where the content is submitted;
• Must not be obscene, abusive, discriminatory or illegal; and/or
• Must not be false or misleading.

WE ARE NOT RESPONSIBLE FOR USER CONTENT AND SPECIFICALLY DISCLAIM ALL LIABILITY FOR USER CONTENT.  All User Content is the sole responsibility of the User who contributed such content, whether such User contributed the content directly or through a third-party website.  If any User Content created by Users is translated for display on the Site or any Affiliated Site, we cannot guarantee the accuracy or quality of such translation and the User is solely responsible for the review, verification and accuracy of such translation. Each User represents and warrants that the User owns or otherwise controls and has all necessary legal rights to its submitted User Content and the name or other identifier used in connection with such submission, including all the rights necessary to provide, post, upload, input or submit the User Content. We reserve the right to request proof of ownership or permission, and to refuse to post User Content without such proof or if such proof, in our discretion, is insufficient.

By submitting or authorizing User Content, you grant to us and our affiliates a perpetual, worldwide, irrevocable, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the User Content, including the copy, photographs and the likenesses (if any) included in any of the User Content, in connection with the Site and our business or the business of our affiliates, including for cross-listing listings on other marketplace and Associated Sites.  In the event that you retain any rights of attribution, integrity or any other moral rights in any User Content, you hereby waive your right to assert these or to require that any personally identifying information be used in connection with the User Content or any derivative works thereof, and affirm that you have no objection to the publication, use, modification, deletion or exploitation of the User Content by us or our affiliates as provided herein.

You grant us and our affiliates the ability to protect the User Content, including the images, copy, and content available via any Member’s listing, from the unauthorized use of the User Content by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means.  This includes, but is not limited to, the right to register copyright in the User Content (in your name), and the right to file suit to seek injunctive relief to protect such material on behalf of and in your name. You further agree to appear and assist us—at our expense and control—with protecting such copyrighted material from unauthorized redistribution.

10. Member Content and Listings

All property listings on the Site are the sole responsibility of the Member (who may be the owner or a property manager or duly authorized agent of the owner) and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, reviews or any alleged breaches of contract on a User’s part.  Members are solely responsible for keeping their property information up-to-date on the Site, including, but not limited to, any and all representations about any property, its unique characteristics, location, price and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, farmer or property reviews, property location, suitability, pricing or availability information published on the Site is accurate or up-to-date even in the case where you have searched for specific dates or types of properties.

We also may from time to time create new descriptions or otherwise change the location or geographic descriptions we use to identify properties in their listings and search results.  Consequently, we may change the location or geographic description associated with any property listing at any time without notice. However, we assume no responsibility to verify property listing content or the accuracy of the location. Members are solely responsible for ensuring the accuracy of location, geographic and other content and location or geographic descriptions and agree to promptly correct (or contact us to correct) any inaccuracy, and Users are solely responsible for verifying the accuracy of such content and descriptions. 

11. Social Media or Third-Party Websites.

If the Site advertises through or offers a tool or service that allows us to access or use any profile or other information about you that you have provided to Facebook or another third-party website (each a “Social Media Site”) and you decide to respond to or use such tool or service, you acknowledge and agree that:

• The information or content that is a part of your Social Media Site profile, which you have designated as “public” (or a similar designation) (with such information or content and referred to herein as “Social Media Content”), may be accessed and used by us in connection with the Site;
• The Social Media Content will be considered User Content under these Terms and both you and we shall have the same rights and responsibilities as you that we have with respect to User Content under these Terms;
• In the event that the Social Media Content was for any reason misclassified with a public or similar designation or is otherwise inaccurate or made available without your authorization, you agree to work with the Social Media Site to make any changes or resolve any disputes and acknowledge that we will not be able to provide you with recourse; and
• The operation of your profile and Account with and on the Social Media Site shall continue to be governed by the terms and conditions and privacy policy of such Social Media Site.
  

12. Third-Party Providers

Certain services, data, tools or information made available via the Site (including map or soil data) may be, or may in the future be, provided or supplied by third-party providers, including governmental entities (“Third-Party Providers”).  The availability of services, tools or data from such Third-Party Providers (“Provider Services”) shall terminate automatically, without notice and without liability on the part of CommonGround, if access to the Provider Services is discontinued or suspended by the Third-Party Provider. You acknowledge that, in order to be authorized to use certain Provider Services, you may be required to agree to additional terms or privacy policies with or for the benefit of the Third-Party Provider(s), including via click-through license.  You shall be solely responsible for entering into such arrangements and for complying with any such terms. CommonGround makes no representation or warranty with respect to Provider Services, and all Provider Services are provided “AS IS” with all faults, errors, defects, inaccuracies and omissions.  You accept all liability for its reliance on or use of Provider Services.  You agrees that CommonGround shall have no liability with respect to Provider Services and you shall indemnify, defend and hold CommonGround harmless from any claims related thereto.

13. Notification of Infringement; DMCA Policy.

CommonGround respects the intellectual property rights of others, and we do not permit, condone or tolerate the posting of any content on the Site that infringes any person’s copyright.  CommonGround will terminate, in appropriate circumstances, a User who is the source of repeat infringement of copyright. 

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent: [employee name], [Company name], [address], [telephone number of employee], [facsimile number for employee], [email address of employee]. 

To be effective, such notification must be in writing, comply with applicable law and provide the following:  (1) information reasonably sufficient to permit us to locate the copyrighted work claimed to have been infringed (the “Work”); (2) the complaining party’s contact information including an email address if available; (3) a statement that the complaining party has a good-faith belief that use of the Work in the manner complained of is not authorized by the copyright owner, its agent, or the law; (4) a statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (5) a physical or electronic signature of the complaining party.  

14. Unsolicited Ideas and Feedback.

We do not generally solicit Users to submit to us ideas, original creative artwork, suggestions or other works pertaining to the Site or our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new products (collectively, “Submissions”).   If you provide a Submission in any form to us, including via e-mails to us or postings on Interactive Forums, then regardless of what you say, write or provide to us in connection with your Submissions, you hereby grant us and our affiliates and designees, to the extent you retain any rights, the unlimited, perpetual, irrevocable, right to reuse, redistribute, modify and create derivative works from such Submissions for any purpose and in any media without compensation, and you warrant that all “moral rights” in submitted materials have been waived.  Any such Submission is PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secret.

15. Software Available on the Site.

The Site is controlled and operated by CommonGround or an affiliate of CommonGround in the United States.  Software available on the Site (“Software”), including Software access online from outside the United States is subject to United States export controls.  No Software may be downloaded or otherwise exported or re-exported or made available to (or to a resident of) (i) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods, or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders.  By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

All Software is the property of CommonGround, an affiliate of CommonGround, or its licensors.  Your use of such Software is governed by these Terms and the terms of any additional license agreement that accompanies or is included with such Software.  If the Software is not accompanied by an additional license agreement, we hereby grant you a limited, personal and nontransferable license solely to use the Software for viewing and using the Site in accordance with these Terms and for no other purpose.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.  COPYING OR REPRODUCING ANY SOFTWARE AVAILABLE ON THE SITE IS EXPRESSLY PROHIBITED, EXCEPT AS SPECIFICALLY PROVIDED FOR IN A LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

16. Links to Third-Party Sites.

The Site may contain links and pointers to other Internet sites, resources and sponsors of the Site. Links to and from the Site to other sites maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites, or the contents thereof.  We may also provide tools to allow interaction between the Site and a third-party site, such as a Social Media Site. We are not responsible in any way for such third-party sites or resources, and your use of such sites and resources will be at your own risk pursuant to the terms and privacy policies applicable thereto.

17. Disclaimers

THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PROPERTIES, PRODUCTS OR SERVICES, OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE, EVEN IF WE BECOME AWARE OF ANY SUCH BREACHES. 

YOU ACKNOWLEDGE THAT BY DISPLAYING INFORMATION OR PROPERTY LISTINGS IN PARTICULAR DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS WITHOUT RISK AND ARE NOT LIABLE FOR DAMAGES WITH RESPECT TO TRAVEL TO ANY DESTINATION.

WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY NATURE AS TO THE ENFORCEMENT, VALIDITY, SUBSTANCE, IDENTITY OF PARTIES OR TERMS OF ANY MEMORANDUM OF UNDERSTANDING OR TERMS OR AGREEMENT REACHED BY USERS ON OR PURSUANT TO THE SITE. 

WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.   YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THE SITE MAY NOT BE CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER CONTENT TO US AND BY POSTING INFORMATION ON THE SITE, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.

18. Limitation of Liability.

YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US OR OUR AFFILIATES OR ANY THIRD-PARTY PROVIDER RESPONSIBLE FOR THE USER CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY LEASE TRANSACTION OR OTHER TRANSACTION BETWEEN USERS OF THE SITE.  WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE (OTHER THAN PURSUANT TO ANY GUARANTEE THAT MAY BE EXPRESSLY OFFERED ON THE SITE) THE SECURITY OF ANY TRANSACTION, ANY LISTED PROPERTY, OR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON THE SITE.

YOU ACKNOWLEDGE AND AGREE THAT COMMONGROUND HAS AFFIRMATIVELY INFORMED YOU THAT YOU SHOULD SEEK LEGAL COUNSEL AND ADVICE PRIOR TO ENTERING INTO ANY LEASE, AGREEMENT OR UNDERSTANDING WITH ANOTHER USER, AND THAT YOU HAVE HAD THE OPPORTUNITY TO DO SO, REGARDLESS OF WHETHER YOU ACTUALLY SEEK SUCH LEGAL COUNSEL OR ADVICE.

TO THE FULLEST EXTENT PERMITTED BY LAW, COMMONGROUND, AND ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES (COLLECTIVELY, THE “COMMONGROUND GROUP”), AND ANY THIRD-PARTY PROVIDER OF A SERVICE OR TOOL OFFERED ON ANY SITE OR AFFILIATED SITE OF A MEMBER OR THE COMMONGROUND GROUP, SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR SITE OR AN AFFILIATED SITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS, (D) USE OF THE SITE, TOOLS OR SERVICES WE PROVIDE, OR THAT ANY THIRD-PARTY PROVIDER PROVIDES, RELATED TO THE BUSINESS WE OPERATE ON THE SITE, (E) ANY USER CONTENT, (F) INTERACTION BETWEEN OUR SITE AND ANY THIRD PARTY SITE, INCLUDING WITHOUT LIMITATION A SOCIAL MEDIA SITE, AND/OR (G) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION, INCLUDING WITHOUT LIMITATION, ANY LEASE OR PAYMENT TRANSACTION (EVEN IF WE OR ANY THIRD-PARTY PROVIDER RECEIVES A FEE IN CONNECTION THEREWITH) BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.

IF YOU ARE DISSATISFIED WITH THE SITE, OR DO NOT AGREE WITH ANY PART OF THE TERMS, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF THE COMMONGROUND GROUP, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100.00, IN THE AGGREGATE FOR ALL CLAIMS.

19. Release; Indemnification

IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER CONTENT) OR ANY THIRD-PARTY PROVIDER, ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE SITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE, OR ANY OTHER THIRD PARTY, YOU HEREBY AGREE TO RELEASE AND FOREVER DISCHARGE COMMONGROUND AND EACH MEMBER OF THE COMMONGROUND GROUP, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE (“RELEASED CLAIMS”).

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD COMMONGROUND AND EACH MEMBER OF THE COMMONGROUND GROUP (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY RELEASED CLAIM OR OTHER CLAIM ARISING OUT OF YOUR USE OF THE SITE OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE SITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER USERS OF YOUR ACCOUNT TO THE SITE, ANY USE OF ANY TOOL OR SERVICE PROVIDED BY A THIRD-PARTY PROVIDER (INCLUDING, BUT NOT LIMITED TO, ANY MEMORANDUM OF OR FORM FOR TERMS OF UNDERSTANDING OR THE LIKE), ANY USE OF A TOOL OR SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE, OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM.

WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.

20. Disputes; Arbitration.

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

CommonGround is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section. You agree to give us an opportunity to resolve any disputes or claims relating in any way to: the Site; any dealings with our customer experience agents; any services or products provided; any representations made by us; or our Privacy Policy (“Claims”) by contacting CommonGround Customer Support. If we are not able to resolve your Claims within 45 days, you may seek relief through arbitration or in small claims court, as set forth below.

ANY AND ALL CLAIMS WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT YOU MAY ASSERT CLAIMS ON AN INDIVIDUAL BASIS IN SMALL CLAIMS COURT IF THEY QUALIFY. This includes any Claims you assert against us, our affiliates, users or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted these Terms, regardless of whether prior versions of the Terms required arbitration.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Terms as a court would.

Arbitrations will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA Arbitration Consumer Rules (together, the “AAA Rules”). Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, except as provided in this section. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed upon location.

By agreeing to arbitration under the AAA Rules, you and we agree, among other things, that the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive power to rule on any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim. 

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to CommonGround Legal: Arbitration Claim Manager, 58 Sapphire Pt, Morton, IL, 61550. If we request arbitration against you, we will give you notice via the email address, street address or other contact information you have provided. The AAA’s rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.

TO THE FULLEST EXTENT PERMITTED BY LAW YOU AND WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a Claim proceeds in court rather than in arbitration WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. The Federal Arbitration Act and federal arbitration law apply to these Terms. An arbitration decision may be confirmed by any court with competent jurisdiction.

21. Amendments

We reserve the right to change these Terms at any time by providing notice to you, including via posting online, electronic communication, email or through the Site, and your use of the Site after any change signifies your acceptance of the changed terms. If you do not agree to the new Terms, you must stop using the Site.

22. Notices

Any notices or acknowledgements that are specified in these terms may be made using any contact information provided by you.  You specifically consent to receive communications from us electronically via any e-mail address you provide and agree that such electronic communications satisfy any legal requirement that such communications be in writing.

23. Severability

If any provision of these Terms is held to be illegal, unenforceable, or invalid, the provision shall be interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining portions of these Terms will remain in full force and effect.

24. Privacy

Please see our Privacy Policy for information regarding the collection and use of personal information from this Site.  Despite any representations concerning privacy, we reserve the right to disclose without notice to you any information in our possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation.  Specific areas or pages of the Site may include additional or different terms relating to the use of personal information collected from such areas or pages.

25. SMS Messaging

By providing your phone number and opting in, you agree to receive transactional SMS messages from CommonGround. These messages may include, but are not limited to, updates on your account, notifications about property listings, and reminders about pending actions. The frequency of these messages will not exceed 3 per day.

1. Opt-In: By agreeing to these terms during the sign-up process or otherwise providing your phone number and consent, you agree to receive transactional SMS messages from CommonGround.

2. Opt-Out: You may opt out of receiving SMS messages at any time by following the instructions provided in the messages or by contacting CommonGround support at help@commonground.io

3. Message and Data Rates: Standard message and data rates may apply to each SMS message sent or received, as specified in your mobile service agreement with your carrier. Please contact your mobile service provider for details.

4. No Warranty: While we strive to ensure the timely delivery of SMS messages, we do not guarantee that messages will be delivered promptly or at all. Delivery may be affected by factors outside our control, such as network issues or your mobile carrier’s service availability.

5. Privacy: Your phone number and any other personal information you provide will be handled in accordance with our Privacy Policy.

By opting in to receive SMS messages, you acknowledge and agree to these terms.

26. General

These Terms represent the entire understanding relating to the use of the Site and prevail over any prior or contemporaneous, conflicting or additional communications; provided that in the event of a conflict between these Terms and any other written agreement (in paper, electronic or other form) between you and CommonGround regarding use of the Site or its content, the Software, or listings or transactions involving properties, the terms of such other agreement shall control.  

Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this Site is strictly prohibited.  We reserve all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights we may have.

Specific areas or pages of the Site may include additional or different terms relating to the use of the Site or the rights or obligations of you or us.  In the event of a conflict between such terms and these Terms, such specific terms shall control.

Unless otherwise indicated, all material on the Site © Copyright 2023 CashRent LLC. All rights reserved.

CONTACT US:

CashRent Inc.

info@commonground.io