Terms of Service

Terms of Service

The following terms and conditions (the "Terms" or “Agreement”) govern all use of the TenantDen website at https://www.tenantden.com (the "Website") and the TenantDen software (the “Software”), the products and Services made available on or at the website or the Software (collectively, the "Service"). The Service is owned and operated by TenantDen Inc., ("TenantDen”). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other rules, policies and procedures that may be made available on the Service from time to time.

These Terms together with the privacy policy available at ("Privacy Policy"), limited warranty available at ("Limited Warranty"), and other additional agreements referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the “Agreement.”

Certain services that we provide to you may be subject to additional terms and such additional terms will be presented to you when you make use of such service. If the terms and conditions herein this Agreement are inconsistent with the additional terms, the provisions of the additional terms shall be superior and shall control with respect to such additional service and your use thereof. The additional terms, upon acceptance, are incorporated into these Terms.

Please, read these Terms, Agreement and any additional terms applicable to your use of the Services before using it. By accessing or using the Services either as a registered user or not, you confirm your agreement to be bound by these Terms. These Terms expressly supersede prior agreements or arrangements with you regarding the use of the Services.

If you fail to abide by the provisions of the Terms herein, except as otherwise permitted by us from time to time, you agree that we may suspend or delete your user account and all information related to such account, with or without notice to you.

Throughout these Terms, we use “TenantDen”, “we”, “us” and “our” to refer to TenantDen Inc., offering our Services to you. “You” means the organization you represent in accepting these Terms or, if that is not applicable, “you” refers to you as an individual who makes use of the TenantDen services.

IMPORTANT ARBITRATION NOTICE: THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION.  ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES ARISING OUT OF YOUR USE OF OUR SERVICE UNLESS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS.  BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

1. Changes to this Agreement

We may modify these Terms at any time, at our sole discretion as they are subject to change. If we do so, we will let you know either by posting the modified Terms on the Service (“Amendment Notice”) or through other communications such as the email address registered in your account. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the platform, you are indicating to us that you agree to be bound by the modified Terms. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference.

The contents of this website may include technical inaccuracies or typographical errors. We may publish changes to the contents at any time without prior notice to you. We may also make improvements and/or changes in the products and services and/or the features described herein at any time without prior notice to you. We shall have the right to revise and edit these contents at any time. By linking, accessing, browsing, and/or using this site, you agree to be bound by any such revisions.

Because our Services are evolving, over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

2. The TenantDen Services and platform

TenantDen provides an online platform designed to help property owners, managers and vendors (“Rental Owners”) streamline and automate their business operations. With our platform, you can easily track and maintain records for single and/or multiple properties, communicate with tenants and vendors, and handle financial tasks such as rent collection and invoicing. Our user-friendly interface makes it easy for users to manage properties from anywhere, at any time.

The service also serves as an online platform where property renters (“Renters”) are able to browse and review various rental properties and the terms of their listings, descriptions, availability, and pricing. Renters can also submit rental applications, consent to background and credit checks, provide the necessary documentation, pay fees and deposits, and enter into leases with rental owners. All of these actions can be done online through the platform.

However, We do not act as the agent for either rental Owners or Tenants. Our service only provides a platform for communication, networking and transactions to take place and as such, the actual contract is directly between the rental owner and the renter who is interested in a real estate property.

Nevertheless, we may take actions such as limiting the visibility of your account, real estate listing or suspending your account if we determine that you are acting against the policies herein this agreement and other TenantDen agreements incorporated herein by reference including all the policies and terms on our website.

We may provide information and tools to help users make more decisions such as our real estate listing information, safety resources and guides. However, we do not guarantee, nor do we warrant or represent, that the information displayed on the Service by any user about a real estate listing is accurate or genuine.

TenantDen does not make any representation or warranty as to the item-specifics (such as legal title, identity, etc.) of any of its Users. You release and indemnify TenantDen and/or any of its officers and representatives from any cost, damage, liability, or other consequence of any of the actions of the Users of the Service and specifically waive any claims that you may have on this behalf under any applicable law.

3. TenantDen Accounts: Registration and Acceptance

1. User Account: In order to access and use most aspects of the Services, you must register for and maintain a user account ("Account") either as a rental owner or a Renter. Subject to the Terms herein, certain portions of the Services are available to Site visitors, including those portions before the creation of an account. We may also have different types of user accounts depending on the type of user as mentioned above.

   We reserve the right to revoke the privileges of the account or access to or use of the Services, and those of any and all linked accounts without warning if, in our sole discretion, false or misleading information has been provided in creating, marketing, or maintaining your Profile or account.

2. Eligibility: To register for an Account or use the Services, you must, and hereby represent that you will use the Services as intended only. You also represent that you are either a legal entity or an individual who is 18 years or older (or has otherwise reached the age of majority in the jurisdiction in which you conduct business) in each case who can form legally binding contracts.

3. Registration and acceptance: Account registration requires you to submit certain personal information, such as your name, email address, location information, and/or mobile phone number. You agree to maintain accurate, complete, and up-to-date information in your Account. 

   We may also require you to provide additional optional information about you and your preferences from time to time, which is not a compulsory requirement to register for a user account but may be helpful to Tenantden in improving and providing you with a more customized user experience when using the Services.
   TenantDen reserves the right to decline a registration to join Tenantden for any lawful reason.

4. Usernames, passwords, and account security
   Each user who uses the Site must register for their own Account. When you register for an Account, you may be asked to choose a username and password for the Account. 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. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in with the username and password of another User of the Site if (a) You are not authorized to use it or (b) The use would violate the Terms. You hereby acknowledge and agree that Tenantden will not in any way be liable to you for any loss caused by unauthorized access to and use of your account.

4. Relationship With TenantDen

You acknowledge, agree, and understand that Tenantden is not a party to the relationship or any dealings between users of the Services. We do not provide real estate, professional or sales services, and we are not the employer of any user of the Services. TenantDen is not responsible for any non-performance or breach of any contract entered into between users of our Services.

Although Tenantden will make necessary efforts to ensure that a user will perform its expected duties, we cannot and do not guarantee that the concerned user(s) will perform any transaction concluded through the Services.

We merely make the Services available to enable users to connect on the platform. TenantDen does not make decisions for users, however, users may be notified of services or real estate listings around them or based on their preferences. Users are responsible for evaluating and determining the suitability of any recommended service or listed property on their own. It is also your responsibility to check and comply with all applicable laws (federal, state, local and foreign laws, including minimum age requirements) pertaining to your use, possession and purchase of any product and/or services through the Tenantden platform.

5. Intellectual Property Rights, License, and Restrictions

1. Intellectual property rights: This platform is controlled and operated by Tenantden and all material on the Services, including but not limited to software, images, illustrations, user interface, text, scripts, graphics, audio clips, video clips, and other interactive features (collectively the “Tenantden materials”), made available to you on the Services. Logos, trademarks, and service marks contained herein, are owned by TenantDen. Other service marks, logos, and names on this Site are the property of their respective owners. Any use of the Services or the contents made available to you on the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable by Tenantden at any time without notice and with or without cause.
2. License and restrictions: As an authorized user and subject to your compliance with these terms as expressly stated herein and your payment of all applicable fees, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the software and services provided in connection with the Service is solely for your own use, and not for the use or benefit of any third party. Unless otherwise expressly authorized herein or in the Service or any documentation provided by us, you agree not to display, publish, copy, modify, create derivatives from, upload, transfer, use, distribute, license, sell or resell for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
   
   TenantDen may change, discontinue or suspend the Service, including the availability of any feature, content or database, at any time, with or without notice. TenantDen may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. You agree that TenantDen may establish general rules and limits concerning the use of the Service, including the maximum period that content or other data will be retained by the Service and the maximum storage space that will be allocated on your behalf on TenantDen’s servers. You agree that TenantDen has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service.
   
   You may not: (i) Remove any copyright, trademark, or other proprietary notices from any portion of the Site; (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 Site except as expressly permitted by us; (iii) Decompile, reverse engineer or disassemble the Site except as may be permitted by applicable law; (iv) Link to, mirror or frame any portion of the Site; or (v) Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service or unduly burdening or hindering the operation and/or functionality of any aspect of the Service.

6. Property Description

While we make reasonable attempts to ensure that property descriptions are as accurate as possible, you understand that Tenantden does not list, inspect, examine or evaluate properties made available through our Service and neither do we control the users on the platform. The apartments and services made available on our platform are made available by independent third-party users. As a result, we make no representation and give no warranties or undertakings of any kind, express or implied, with regard to the accuracy, reliability, timeliness or completeness of any such information. We do not accept liability for any loss of whatsoever nature or howsoever caused, arising directly or indirectly from the use of or reliance upon this website or any of the information it contains. Any legal claim that is related to the service you accessed or purchased through the Tenantden platform must be brought against the user who made such service available to you. You release Tenantden from any claims related to products and/or services made available to you through our Services.

7. Paid Services and Payment, Subscriptions, Renewal and Cancellations

TenantDen may offer paid features to Rental Owners that can help them fully utilize the services that we provide. These features may be available for purchase through the service as a subscription (“Subscription”). To make these purchases, you may be required to provide a valid payment method (“Payment Method”), such as a credit card or debit card, or use other payment options that we accept. You are responsible for paying any fees or charges associated with these purchases and agree to do so.

Pricing: Via the service, you can subscribe and get full access to the service depending on the type of user that you are. Please see our pricing page at  https://www.tenantden.com/pricing for more information.

Free trial: Subject to your eligibility for a free trial, we may offer free trial services from time to time. If you register on our Service for a free trial, we will make one or more Services available to you on a trial basis free of charge until the earlier of (i) the end of the free trial period for which you registered to use the applicable Service(s), or (ii) the start date of any paid Service subscriptions ordered by you for such Service(s) before the end of the trial period. Additional trial terms and conditions may appear on the trial offer page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding.

You understand that any data you enter into the services, and any customizations made by or for you to the services, during your free trial may be permanently lost unless you purchase a subscription to the same services as those covered by the trial, or export such data, before the end of the trial period. We may also offer discounted subscription offers.

Subscriptions and auto-renewal: By selecting the desired subscription plan, you agree to pay the subscription fee of such a plan on a designated cycle for the Services that we make available to you (the "Subscription fee"). The first Subscription fee will be charged to your Payment Method on the date your subscription is purchased. Thereafter, the Subscription fee and any applicable tax and service fees will be charged to your Payment Method on a recurring basis in accordance with your designated cycle until you choose to cancel.

Billing cycle: The Subscription fee will be billed at the time you establish your Subscription and on an ongoing, regular basis unless you cancel your Subscription. Note that the timing of your billing may change (i.e. in the event of a problem with your Payment Method, such as an expired credit card).

Subscription plan/subscription fee changes: TenantDen reserves the right to change the price for a subscription to the Service at our sole discretion and such subscription fee change will become effective at the end of the then-current Billing Cycle. We can also make changes to our subscription plans. We will ensure to provide you with reasonable prior notice of any change in our Subscription plans and subscription fee in order to give you the opportunity to evaluate your current subscription and make any changes, up to and including the option to terminate your Subscription before such change becomes effective.

Unless subscription fees have been locked-in under contract with TenantDen for a specific agreed period, your continuing use of the Service after the subscription fees adjustment takes effect constitutes your consent to pay the updated subscription fee amount.

Taxes: Unless otherwise stated, the subscription fees are not tax-inclusive. You will be responsible for paying all applicable taxes associated with your purchase of any of our subscription plans. In the event that we have the legal obligation to collect or pay taxes for which you are responsible under this clause, the appropriate amount will be charged to and paid by you.

Cancellation: You can cancel your subscription at any time. Please note that you must cancel your subscription before it renews for a subsequent term in order to avoid being charged for the next term's Subscription Fee. If you cancel your subscription, the cancellation will become effective at the end of the then-current term.

Refunds: Refunds will not be provided for any subscription. If you have commenced a subscription period and then decide to cancel your subscription during such period, you will not be entitled to receive a refund for the fees you already paid for such a subscription period. However, you will continue to be able to use the service for which you subscribed until the end of such a subscription period. You understand and agree that we will not provide refunds, or prorated billing for subscriptions that are cancelled mid-term.

Updating Payment Method: You may update your Payment Method at any time within your account settings. If at any time your Payment Method is unable to be charged for the Service due to insufficient funds, expired or invalid account details, or otherwise, you remain responsible for the cost of such Service charge. It is your responsibility to update and maintain the Payment Method associated with your account, and, in the event, your Payment Method is unable to cover the Service provided to you, we reserve the right to suspend your respective account and access to the Service until the Payment Method has been updated to permit a charge on your payment method for the provided service.

8. TenantDen Payment Processing Service and Terms

Payment Processing Service Description: Tenantden offers a web-based payment portal that allows Renters and Rental Owners to make and receive payments for rental amounts and other sums due. Renters can make one-time or recurring payments through the Service, and Rental Owners can send email notices about lease obligations, rental amounts, and renewals to Renters unless the Renter has chosen to opt out of receiving these emails. Renters can opt out of receiving these emails by contacting support@tenantden.com.

When scheduling a payment, Renters may be asked to provide certain information such as their debit or credit card number, expiration date, checking account information, and billing address. By submitting this information, Renters confirm that they have the right to use the payment method they have chosen and authorize TenantDen to share this information with third parties in order to facilitate the scheduled payment transaction. Verification of this information may be required before the payment is processed. Renters agree that their personal and financial information may be transferred, stored, and processed by our third-party payment processors.

Use of Third-Party Payment Processor: To help process fees for all payments on the platform, we have partnered with Stripe, Inc., (“Stripe”), a third-party digital payment processor. These payment processing services are not provided by TenantDen but by Stripe and are subject to Stripe's service terms.

You, therefore, authorize TenantDen to share certain information about you with Stripe for the purpose of processing payments and other related services. We do not assume any liability for any payment you make through the service, and all such charges paid by you for any service on the TenantDen platform are non-refundable unless otherwise determined by TenantDen. Any authorization you give to initiate automatic recurring payments through the Payment Portal will remain active until you cancel it.

You understand that additional charges may apply when you make use of Stripe to make payments on the platform.

Processing Fees: TenantDen charges a 2.55% processing fee for all payments on the platform.

Taxes and insurance: Rental Owner acknowledges and agrees that Rental Owner is solely responsible for (a) All tax liability associated with payments received from the Tenant and through TenantDen and that TenantDen will not withhold any taxes from payments to the Rental Owner; (b) Obtaining any liability or other insurance needed, desired, or required by law, and that Rental Owner understands that he is not covered by or eligible for any insurance from TenantDen; and (c) For determining whether Rental Owner is required by the applicable law to remit to the appropriate authorities any value-added tax or any other taxes or similar charges applicable and remitting any such taxes or charges to the appropriate authorities, as appropriate.

Appointment as Limited Payment Collection Agent: TenantDen will process and collect payment from Renters on the Rental Owner’s behalf based on the agreed rent between the Rental Owner and the Tenant. The Rental Owner hereby appoints TenantDen as an authorized limited payment collection agent solely to accept payments (via its Payment Services Provider, as applicable) from the Tenant, and remit those payments to the Rental Owner. The Rental Owner agrees that payment from the Tenant to TenantDen shall be considered the same as one made directly to such Rental Owner. The Tenant’s payment obligation to the Rental Owner will be satisfied upon receipt of payment by TenantDen (or its Payment Services Provider, as applicable), and TenantDen (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the Rental Owner in the manner described in the “Payout terms” below. In the event that TenantDen (via Payment Services Provider) does not remit any such amounts to Rental Owner, the Rental Owner will have recourse only against TenantDen and not the Tenant directly. Rental Owner agrees that TenantDen may describe or otherwise reflect the terms contained herein in any terms of service, receipts, disclosures, or notices including, but not limited to, receipts provided to the Rental Owner that TenantDen may deem necessary or prudent.

Payout Terms: In order to withdraw your rent from the platform, you must have a valid payment method attached to your TenantDen account.

Collected rents will be available for immediate withdrawal after rent is received by TenantDen from the Tenant. Rental Owners can initiate rent withdrawal immediately and our process typically takes 3-5 business days but the duration it takes for you to receive payments after a payout is initiated may be subject to the applicable payment processor’s or bank’s terms and conditions.

We offer expedited transfers occasionally, but this is subject to approval and requires a wire fee of $30.00 in addition to the standard processing fee of 2.55%.

9. Background Screening and Credit Checks

As part of our service, we have partnered with third-party credit and background screening agencies. When a Rental Owner requests a background screening or a credit report from a prospective Tenant, we will give the Tenant the option to order a credit report to be shared with the requesting Rental Owner. During this process, the Tenant may be required to provide certain personal information, including a social security number, which we will share with these third-party agencies in order to generate the reports. However, we do not store dates of birth or social security numbers, and any information we gather for these reports will not be stored by us (except temporarily for the purpose of each specific report) or used for any other purpose. We are not responsible for the accuracy of these credit reports, as they are provided by third parties and may not always be available. The application fee includes a credit and background check and is non-refundable. Each application is valid for 30 calendar days and can be submitted to any property or landlord that accepts applications.

10. User content

Much of the content on our Services is made available by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although TenantDen reserves the right to review or remove all content that appears on the Services, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the Services.

Content you submit

Subject to the limitations set forth herein, our Services may contain blogs, pages, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display or transmit to other users or other persons content or materials (collectively, "User-generated Submission") on or through the Services.

User-generated submissions and content are the contributions of independent users not affiliated with TenantDen, whose opinions are their own. TenantDen does not guarantee the accuracy, integrity, or quality of the opinions and advice posted on the site by users. Your use of any user submission provided on the Service is at your own risk.

You also agree to only post User-generated submissions to TenantDen if you know you have the necessary rights to do so. By uploading a User-generated submission, you represent and warrant that (a) You own or otherwise control all of the rights to such User-generated Submission; (b) That the User-generated Submission is accurate; (c) That the use of such submission does not violate this Agreement and will not cause injury to any person or entity, and (d) That you will indemnify TenantDen for all claims relating to such submission.

Unless we indicate otherwise, by posting or submitting such User-generated Submission to the Services, you grant TenantDen a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content, and the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived. TenantDen and its affiliates are free to use any ideas, concepts, or know-how contained in your content for any purpose whatsoever including, but not limited to the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

Monitoring your User-generated submission

We may, but are not obliged to monitor the use of any feature made available to you for use from time to time. However, we still rely on you to inform us of any abuse or inappropriate behavior, in which case we may review specific postings. If you feel you have been threatened, damaged, or abused in our community or via our communication systems or if you believe any infringement of your rights may have occurred through TenantDen please contact us.

TenantDen is not in any way involved in any arrangements made between Users. Any postings on TenantDen and the uploading of any photos, pictures, videos, animations, or other audio-visual material to TenantDen by users of the Services does not constitute any form of recommendation, representation, endorsement, or arrangement by TenantDen. In particular, we have no control over and are not responsible for the truth or accuracy of any content, its compliance with any legal or regulatory requirement, or its quality or safety. Please contact TenantDen if you have any concerns about the content of any information seen on the Service.

You also understand that any information posted via the Service or other communication features made available to you on the TenantDen Services is the opinion of the person posting such User-generated submission or information. If you rely on the information posted, you do so at your own risk. Although we have rules for the posting of content, it is possible that our interactive features could be susceptible to misuse. We ask all Users to contact us in respect of any suspicion of misuse.

We reserve the right (but we are not obliged) to do any or all of the following:

1. Investigate a claim that any one or more items of content do not comply with the acceptable use rules set out herein this Agreement or as may be determined in our sole discretion to remove or request the removal of the content;
2. Remove without notice any content that is abusive, illegal, disruptive, or that otherwise fails to conform with these Terms;
3. Terminate a user's access to post content;
4. Monitor, edit, or disclose any content; edit or remove any content posted on TenantDen, regardless of whether such content breaches these Terms;
5. Suspend or terminate your access to TenantDen.

11. Rights That You Grant Us Over Your Content

Some of our services allow you to create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content.

Granting us a license to make use of your content does not deprive you of the rights you have over such content; you own the intellectual property rights in any such content that you create and share on TenantDen. This implies that when you share, post, or upload content that is covered by intellectual property rights on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content.

This means, among other things, that you will not be entitled to any compensation from TenantDen, our affiliates, or our business partners if your name, likeness, or voice is conveyed through the Services.

In addition, you agree that we and our affiliates:

• Are allowed to retain and continue to use your content after you stop using TenantDen;
• May be required to retain or disclose your content: (a) In order to comply with applicable laws or regulations; (b) In order to comply with a court order, subpoena or other legal processes; (c) In order to respond to a lawful request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); or (d) Where we believe it is reasonably necessary to comply with applicable laws or regulations, in each case whether such applicable law or regulation, legal process or government body is of your jurisdiction or elsewhere;
• May be required to retain or disclose your content in order to enforce these Terms or to protect any rights, property or safety of ours, our affiliate companies or other users of TenantDen.

You understand that even if you seek to delete your content from TenantDen, it may as a technical and administrative matter take some time or not be possible to achieve this – for example, we may not be able to prevent any third party from storing or using any of your content that you have made public via TenantDen.

While we are not required to do so, we reserve the right to block or remove your content for any reason, including as is in our opinion appropriate, as required by applicable laws and regulations or in accordance with the Copyright Policy. We reserve the right to artificially manipulate the visibility, status, or rank of your content on TenantDen.

You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.

You also give us permission to publicly display your profile picture, username, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, networks, services, offers, and other contents that you follow or engage with that are displayed on Tenantden Services, without any compensation to you. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ads on the platform. As with actions on other content and follows of other accounts, actions on sponsored content and follows of sponsored accounts can be seen only by people who have permission to see that content or follow. We will also respect your ad settings where applicable.

12. User Representation and Acceptable Use

You hereby represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the service will be in violation of the rights of any third party, including but not limited to the copyright, trademark, publicity, privacy or other personal or proprietary rights.

Although we are committed to providing a safe user experience, we do not guarantee that the platform, or any content in it, will be safe, error-free or uninterrupted, or that it will be free from bugs or viruses. From time to time, access to the service may be interrupted, suspended, or restricted, including because of a fault, error or unforeseen circumstances, or scheduled maintenance. We shall not be liable to you for any loss or damage that you may suffer as a result of the service being unavailable at any time for any reason.

You agree, undertake and confirm that your use of the platform shall be strictly in accordance with the following binding guidelines:

1. You shall not host, display, upload, modify, publish, transmit, update or share any listing or information that:
   1. Belongs to another person and to which you do not have any right to make use of or promote an illegal or unauthorized property or copy of another person's content such as providing links to them, providing information about them;
   2. Belongs to another person and to which you do not have any right to make use of or promote an illegal or unauthorized property or copy of another person's content such as providing links to them, providing information about them;
   3. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or,
   4. Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual or provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone;
   5. Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming" or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information;
   6. Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
   7. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; contains video, photographs, or images of another person (with a minor or an adult);
   8. Tries to gain unauthorized access or exceeds the scope of authorized access to the Services or to profiles, blogs, communities, account information, bulletins, or other areas of the Services or solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
   9. Interferes with another user's use and enjoyment of the website or any other individual's user and enjoyment of similar services;
   10. Refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited, or violates the letter or spirit of these Terms.
   11. Solicits gambling or engages in any gambling activity which we, in our sole discretion, believes is or could be construed as being illegal;
   12. You shall not attempt to manipulate or misuse the feedback system, including by:
       • Making attempts to compel another user by threatening to leave negative feedback on such a user;
       • Expressing or communicating views and values that are unrelated to the service, such as religious, social commentary, sexual or political views, in the feedback system; or
       • Offering to make a payment or anything of value in return for obtaining feedback without actually offering a service.
2. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Services or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services. We reserve our right to bar any such activity.
3. You shall not attempt to buy any prohibited products through TenantDen’s Services.
4. You shall not attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services or to any server, computer, network, or to any of the services offered, by hacking, password "mining" or any other illegitimate means.
5. You shall not attempt to encourage, permit, or allow other users of the Services to do anything that is prohibited or anything that violates the terms of this agreement.
6. You shall not use our Services for fraudulent or illegal purposes, or in connection with a criminal offense or any other unlawful activity.
7. You shall not probe, scan or test the vulnerability of the Services or any network connected to the Services nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Services, or any other customer, including any account on the Services not owned by You, to its source, or exploit the website or any service or information made available or offered by or through the Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Services.
8. You shall not attempt to obtain another user’s account username, password, or other security information.
9. You shall not conceal your true IP address or otherwise misrepresent or impersonate your identity.
10. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted on the Services, or with any other person's use of the Services.
11. You shall not use our Services for any other purpose that is other than what is intended by TenantDen as described herein.

The content you access: It is possible those other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Services and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Services, and the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Services, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Services. Please carefully select the type of information that you publicly disclose or share with others on the Services.

13. Your Safety; Interaction with Other Users

The Services allow you to interact with other users, either in person or online. Although TenantDen strives to encourage a respectful member experience, TenantDen is not responsible for the conduct of any member on or off of the Services that we provide. You agree to use caution in all interactions with other members, particularly if you decide to communicate off the Service or meet in person.

By making use of the Services, you understand and agree that we have the right to monitor your access and use of the Services for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements.

We reserve the right but are not obligated, to remove or disable access to any content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any content to be objectionable or in violation of these Terms. We also have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the terms herein.

14. Non-discrimination Policy

TenantDen prohibits discrimination against any User or other third party based on race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable law. TenantDen wants all of our users to feel safe and welcome and we do not tolerate any conduct that we determine to be discriminatory.

15. How We Communicate: Consent to Electronic Transaction, Communication and Disclosures

To the fullest extent permitted by law, these Terms and Conditions and any other agreements, notices or other communications from TenantDen to you regarding our services being offered ("Communications") may be provided to you electronically, and you consent and agree to receive Communications in an electronic form. Electronic Communications may be posted on the pages within the TenantDen website and/or delivered to your email address.

Also, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes, at any telephone number, physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using an auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text.

You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and auto-dialed) from us, our agents, representatives, affiliates, or anyone calling on our behalf at the specific number(s) you have provided to us, or numbers we can reasonably associate with your account with information or questions about your account. You certify, warrant, and represent that the telephone numbers that you have provided to us are your numbers and not someone else's. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to alert us whenever you stop using a particular telephone number.

Consent to monitoring and recording of calls: TenantDen may, at its own discretion and without further notice or warning to you, monitor and/or record telephonic communications for our business purposes, such as quality control, fact verification and training purposes and to help protect our rights and the rights of others, and you hereby consent to such monitoring and recording. All calls between TenantDen and any user will be confidential.

Opting-out and withdrawal of consent: You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward; we may still send you relevant information about your account and any transaction detail carried out between you and other users on the TenantDen Services. You further acknowledge and agree that opting out and withdrawing consent may impact your use of the TenantDen service.

16. Copyright infringement and DMCA notification

TenantDen respects the intellectual property of others and asks its users of the Services to do the same. TenantDen’s Service may not be used to transmit, retransmit, distribute, post, or store any material that violates any rights of any person including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws or regulations.

TenantDen has established procedures for enforcing this statement which is designed to be in accord with the Digital Millennium Copyright Act of 1998 (the “DMCA”). If you believe that your copyrighted work has been copied and is accessible on any of TenantDen’s Services in a way that constitutes copyright infringement, please notify us by sending us an email at support@tenantden.com.

Notification of alleged copyright infringement

In order to be valid, the notification must be in writing and must contain the following information:

1. A description of the copyrighted content or other intellectual property that you claim has been infringed;
2. A statement by you that you have a good faith belief that the use of this content or intellectual property is not authorized and for which reason;
3. A detailed description of where this content or intellectual property is located on the Service, in order for us to find it;
4. Your address, telephone number, and email address;
5. A signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
6. A statement by you, made under penalty of perjury, that the above information provided by you in the notification is accurate and that you are the copyright or intellectual property owner or authorized to act on the behalf of the copyright or intellectual property owner.

Counter-notification of alleged copyright infringement

If you believe that your content on the TenantDen Services was wrongly taken down or disabled by a DMCA takedown, you have the right to contest such takedown by submitting a counter-notice to us. Your counter-notice must contain the following information and send to our email at support@tenantden.com.

1. Your name, telephone number, email address and physical address;
2. A description and identification of the content that has been taken down or disabled as well as the location at which the content appeared before it was taken down or removed, including any applicable URLs;
3. A statement, under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of a mistake or misidentification of the material in question; and
4. Your electronic or physical signature.

Upon receipt of a counter-notice from you, TenantDen may provide a complete unredacted copy of your counter-notice to the complaining party and inform the complaining party that TenantDen may restore the disabled content. unless the complaining party files an action seeking a court order against TenantDen, the disabled content may be restored by TenantDen.

Please note that TenantDen exercises little discretion in the whole DMCA process other than determining whether notices meet the minimum requirement as detailed above. You also understand that: (i) any person who knowingly misrepresents to TenantDen that material is infringing shall be liable to TenantDen and/or the alleged infringer for any damages (including costs and attorneys’ fees) suffered or incurred by TenantDen and/or the alleged infringer as a result of TenantDen’s reliance on such misrepresentation and removing or disabling access to such material. ii) Similarly, any person who knowingly misrepresents to TenantDen that the material was removed or access blocked by mistake or misidentification shall be liable to TenantDen and/or the copyright owner or its authorized licensee for any damages (including costs and attorneys’ fees) suffered or incurred by TenantDen and/or the copyright owner or its authorized licensee as a result of TenantDen relying on such misrepresentation and replacing such removed or blocked material.

17. Feedback and Comments

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about TenantDen or our Services (collectively, "Feedback"). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you, including, without limitation, to develop, copy, publish, or improve the TenantDen Services by using the Feedback at TenantDen's sole discretion.

TenantDen is not legally responsible for any feedback posted or made available on the Services by any users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect users from abuse, TenantDen reserves the right (but is under no obligation) to remove, edit, move, delete, analyze, evaluate and monitor such posted user content, feedback or information that, in TenantDen’s sole judgment, violates its terms or negatively affects our Services, diminishes the integrity of the feedback system or otherwise is inconsistent with the business interests of TenantDen.

You understand that your feedback content shall be considered non-confidential and non-proprietary; and that by posting, inputting, uploading, sharing, providing, or otherwise submitting any feedback content to the TenantDen’s website, TenantDen will treat such feedback content as non-confidential. User hereby grants TenantDen, its affiliates, and marketing partners, a worldwide, non-exclusive, royalty-free, perpetual, irrevocable right, sublicensable (through multiple tiers) and transferable right and license to reproduce, use, publish, distribute, translate, reformat, transmit, display, modify, create derivative works of and otherwise commercially exploit (including but not limited to over the Internet, broadcast television or any other uses or media {including any or all existing and future social media platforms}) such feedback, in whole or in part, including existing and future rights that TenantDen (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed in the future all Content in connection with the sale of products through the TenantDen Services and for the real estate listing, advertising, marketing and promotion of such products or the Services, including without limitation, through the TenantDen Site, third party websites, e-mail, social media or any other medium. User agrees that TenantDen may permit users of the TenantDen Services to share and post content on their own social media outlets.

18. Violations and Reporting Violations

Users of the Service may receive a warning to their account for violations of any of these terms or for any user misconduct reported to us. A warning may be sent to the email address attached to the user account. Warnings do not limit account activity but can lead to the user’s account being suspended or becoming permanently disabled based on the severity of the violation.

If you come across any content that may be in violation of these Terms, you should report it to us immediately so that we can take appropriate actions. All cases are reviewed by our team. To protect individual privacy, the results of the review may not be shared and you understand that except as required by law, you understand and accept that we are not obligated to take action in response to any report. You can review our Privacy Policy for more information on our disclosure practices.

19. Third-party Links and Advertisement Services

Third-party links: Some links on the Services may allow you to leave the platform. The linked sites and services are not in any way under the control of TenantDen, and we are not responsible for the contents of any of such linked sites or any link contained in a linked site or any changes or updates to such sites.

Advertisement services: The TenantDen Services may include advertisements, which may be targeted to information or content on the TenantDen Services, queries made through the TenantDen Services, or other information, in an effort to make the advertisements relevant to you. The types and extent of advertising by TenantDen are subject to change and in consideration of TenantDen granting you access to and use of the TenantDen Services, you agree that TenantDen and its third-party providers and partners may place such advertising on the TenantDen Services. If you wish to become an advertiser, you will be required to enter into separate and supplemental terms with us about providing advertising services on the TenantDen Services.

You, however, understand that Tenantden is not responsible for any form of transmission sent or received from any linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, adoption, or endorsement by us of the site. Your use of any linked site is at your own risk and is subject to the terms of use and privacy policies located on such site.

You understand that any content or information made available or expressed by a third party on the Tenantden platform is that of the respective owner(s) and not ours. TenantDen neither approves nor is responsible for the accuracy, currency or reliability of any content, opinion, information, advice or statement made on the Site by anyone.

20. Release

In addition to the recognition that Tenantden is not a party to any contract between Users, you hereby release TenantDen, our Affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, and employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User, whether it be at law or in equity that exists as of the time you enter into this agreement.

This release includes, for example, and without limitation, any disputes regarding the performance, functions, and quality of the Services provided by a user and requests for refunds based upon disputes.

21. Privacy Policy

We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Terms. Please be advised the Service is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

22. Warranty Disclaimer

The contents of our Services have been compiled by us from internal and external third-party sources. While we have made attempts to provide accurate and valid information on our Services, no representation is made or warranty given as to the validity, completeness, availability, timeliness, security, reliability or accuracy of the contents. In particular, you should be aware that the contents may be incomplete, may contain errors, or may have become out of date. You should therefore verify information obtained from the site before you take any action upon it. No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly made herein.

Our Services and the site services are provided “as available” and on an “as-is” basis. TenantDen makes no warranties of any kind, expressed or implied. We strive to provide our site 24 hours a day 365 days a year, but we do not guarantee our site will always be available. TenantDen will not be liable for any loss due to our site not being available. TenantDen will not be liable for any loss due to errors in our software or the software of others that we use.

To the fullest extent permissible by applicable law, we disclaim all responsibility, liability, representations, and warranties of any kind, express or implied for: (i) operation, accessibility, or security of this Service, and the accuracy, completeness, availability, timeliness, currency, or reliability of any of the content or data found on our Services, (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of any Content (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee continuous, uninterrupted, or secure access to its services, and the operation of our Services may be interfered with by numerous factors outside of our control. Your use of the Services that we offer is at your sole risk.

In the event that a dispute arises between users of the Services, each party agrees to release Tenantden from any and all forms of demands, claims, and damages (actual and consequential, known and unknown, disclosed and undisclosed, suspected or unsuspected) arising from such dispute because Tenantden is merely providing a platform for the user. TenantDen is not involved in the transaction between users of the Services.

23. Limitation of Liability

To the extent permitted by law, we assume no responsibility, and in no event and under no legal or equitable theory, whether in tort, contract, strict liability, or otherwise shall Tenantden or any of its employees, directors, officers, agents, or suppliers be liable to you or any other person for any loss, claim, damage, lost profits or any special, incidental, indirect or consequential damages of any kind arising out of or in connection with your access to, or inability to access, the Services, or from your reliance on any information provided on the Services, even if we have been advised of the possibility of such damages.

The TenantDen platform is only a venue for connecting users. We are not responsible for assessing the suitability, legality or ability of any user and you expressly waive and release TenantDen from any and all liability, claims or damages (actual, direct or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising from or in any way related to any user. We expressly disclaim any liability that may arise between you and any user. The quality of the item or services received through the use of the TenantDen Services is entirely the responsibility of the user who makes such items available and who ultimately provides such services to you. You understand, therefore, that by using the TenantDen Services, you may be exposed to services that are potentially dangerous, offensive, harmful, unsafe or otherwise objectionable, and that you use the TenantDen Services at your own risk. Nothing in this agreement or the TenantDen Services constitutes or is meant to constitute, advice of any kind.

24. Indemnification

You hereby agree to indemnify, defend, and hold harmless TenantDen, our Affiliates and each of their respective stakeholders, and our respective directors, officers, employees, representatives, and agents (each an “Indemnitee”) from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys' fees and costs incurred), in connection with or resulting from, directly or indirectly:

1. Your use or misuse of or inability to use the TenantDen Services,
2. Your violation of this Agreement,
3. Your violation of any applicable law or regulation;
4. Your violation of the rights of another, and
5. Your information and content that you submit or transmit through the TenantDen Services.

TenantDen reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of TenantDen.

25. Agreement Term and Termination

This Agreement is effective until terminated by either you or TenantDen. You agree that TenantDen, at its sole discretion, may terminate your access to or use of the TenantDen Services, at any time and for any reason, including without limitation if TenantDen believes that you have violated or acted inconsistently with the letter or spirit of this Agreement (including but not limited to your failure to comply with the rules of conduct set forth herein this agreement). Upon any such termination, your right to use the TenantDen Services will immediately cease. You agree that any termination of your access to or use of the TenantDen Services may be effected without prior notice and that Tenantden may immediately deactivate or delete any user name and/or password used by or provided to you, and all related information and files associated therewith, and/or bar any further access to such information or files. You agree that TenantDen shall not be liable to you or any third party for any termination of your access to the TenantDen Services or to any such information or files, and shall not be required to make such information or files available to you after any such termination. TenantDen reserves the right to take steps that it believes are necessary or appropriate to enforce and/or verify compliance with this Agreement (including without limitation in connection with any legal process relating to your use of the TenantDen’s website and/or a third-party claim that your use of the TenantDen Services is unlawful or violates such third party’s rights).

26. Choice of Law and Jurisdiction

These Terms and your use of the service shall be governed by and construed in accordance with the U.S. Federal Arbitration Act, federal arbitration law, and laws of the State of Washington applicable to agreements made and to be entirely performed within the State of Washington, without regard to its conflict of law principles. Except as otherwise expressly set forth in the “Dispute Resolutions; Arbitration” Section below, any legal action or proceeding arising under this Agreement shall be brought exclusively in courts located in Seattle, Washington or federal court for Seattle, and the parties hereby irrevocably consent to the personal jurisdiction and venue as provided in this Agreement.

27. Dispute Resolution; Arbitration

Dispute with other users of TenantDen

In the event that you find yourself in dispute with other users of the TenantDen Services or a third party, we advise you to contact such a party and try to amicably resolve the dispute. You further release TenantDen, or any of its employees, directors, officers, agents, or suppliers from any claims, damages, and demands that may arise out of disputes with other parties or users of the TenantDen Services.

Dispute with TenantDen

(i) Informal negotiations

To expedite dispute resolution and control the cost of any dispute, controversy or claim related to this Agreement (or the breach, termination, enforcement, interpretation or validity thereof) (“Dispute”), you as a user of the TenantDen Services agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration. Such informal negotiations commence upon written notice from one person to the other. We are available by email at support@tenantden.com to address any concerns or questions that you may have regarding your use of the TenantDen Services.

(ii) Agreement to Binding Arbitration

You and TenantDen agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration in the event where informal negotiation did not work, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) 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 (the action described in the foregoing clause (ii), an “IP Protection Action”).

Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Tenantden with written notice of your desire to do so by email at support@tenantden.com within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Tenantden with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. All claims arising out of or relating to these Terms (including their formation, performance, and breach), the parties' relationship with each other, and/or your use of the TenantDen Services will be finally settled by binding arbitration administered by AAA, in accordance with the AAA Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties will select a single neutral arbitrator in accordance with the AAA Consumer Arbitration Rules. The arbitrator, and not any federal, state or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. Either party may elect to appear at the arbitration by phone or, if mutually agreed, to conduct it online, in lieu of appearing live. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity.

(iii) Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

(v) Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award will be in writing and provide a statement of the essential findings and conclusions, will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms will be subject to the Federal Arbitration Act.

(vi) Class action and class arbitration waiver

You and Tenantden agree to the fullest extent permitted by applicable law, that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, if the parties' dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

(vii) Changes

Notwithstanding the provisions as regards how we can make changes to these Terms, if Tenantden changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to support@tenantden.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of TenantDen’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and TenantDen in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

28. Survival

After this Agreement terminates, the terms of this Agreement and the other Terms that expressly or by their nature contemplate performance, after this Agreement terminates or expires, will survive and continue in full force and effect. For example, the provisions requiring arbitration, permitting audits, protecting intellectual property, indemnification, payment of fees, reimbursement, and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Agreement terminates. Without limiting any other provisions of the Terms, the termination of this Agreement for any reason will not release you or TenantDen from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination.

29. General Provisions

1. Severability
   Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
2. Waiver
   No waiver of any of the provisions of this Agreement will constitute a continuing waiver unless otherwise expressly so provided in writing. The failure of either Party to enforce at any time any of the provisions of this Agreement, will in no way be construed to be a present or future waiver of such provisions. We do not guarantee that well will pursue legal actions against all breaches of this Agreement.
3. Assignment
   A user may not assign these Terms, or any of its rights or obligations hereunder, without our prior written consent in the form of a written instrument signed by a duly authorized representative of TenantDen. We may freely assign this Agreement and the other Terms without the User’s consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms herein are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.
4. Notices
   Any notices or other communications provided by TenantDen under these Terms, including those regarding modifications to these Terms, will be given: (i) by Tenantden via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted
5. Force Majeure
   Notwithstanding the other provisions of this Agreement, if either party is in good faith prevented from performing its obligations under this Agreement because of an event beyond the control of the Party concerned, including without limitation, war (declared or undeclared), acts of god, terrorism, earthquake, accident, explosion, fire or flood, such Party will promptly notify the other Party, and while so affected, the affected Party will be relieved from performing its obligations provided that, the Party affected will take all reasonable steps to promptly remedy the cause of such delay or failure if it is in its power to do so.
   TenantDen also reserves the right to modify, suspend, or cease to operate entirely in the event where operations become inoperable. We shall not be liable to you for any liability or impact that any of such modifications to, or cessation of the TenantDen Services may have on you.
6. Website crashes, outages, or downtime
   TenantDen does not warrant that the Services will be uninterrupted or available at all times and as such, unscheduled and scheduled interruptions may occur. From time to time, interruptions, delays, crashes, outages, errors or other hindrances in providing the Services may occur due to a variety of factors, of which some may be outside of TenantDen’s control, and some which may require or result in scheduled maintenance or unscheduled downtime of the site or the Services in general (collectively, “Downtime”).In the event of scheduled maintenance or downtime, users may be notified and we shall endeavor to complete such scheduled maintenance as quickly as we can. However, in the event of an unscheduled downtime such as a crash, we shall endeavor to reasonably resolve such a problem and restore the service as quickly as we can. During these unscheduled or scheduled downtimes, users may be unable to transmit or receive data through the Services. You understand and acknowledge that part or all of the Services may be unavailable during any such period of downtime, and you acknowledge that TenantDen will not be liable or responsible to you for any inconvenience or losses in any way to you as a result of such downtime or loss of user contents temporarily or permanently.
7. Entire Agreement
   These Terms with other policies presented to you, constitute the entire agreement between you and us with respect to the Services and its use and supersedes all prior agreements, proposals, communications between the parties, and understandings, whether oral or written.

30. Questions or Complaints?

Feedback, comments, requests for technical support, and other communications relating to the Services should be directed to us. Please contact us at support@tenantden.com.