Rental Portal | Terms of Service.
Last Updated: June 1, 2023
Please read these Rental Portal Terms of Service (the “Terms”) carefully before using this Rental Portal or the services on this Rental Portal (the “Rental Portal”). These Terms govern your access to and use of the Rental Portal on your own behalf or on behalf of any entity you represent (“you”). The Rental Portal is available for use only on the condition that You agree to be bound by and adhere to the Terms. If you do not agree to the Terms, you must terminate your access to or use of the Rental Portal. By accessing or using the Rental Portal, you Agree to be bound by these Terms.
Funf Ventures, LLC (“Funf” or “we”) reserves the right at any time to change these Terms and the functionality of the Rental Portal, including discontinuing content or features of the Rental Portal. You can determine when these Terms were last revised by referring to the “Last Updated” legend at the top of this page.
Any changes we make to these Terms will be effective immediately upon notice, which we may provide by any means permitted under applicable law, including, without limitation, posting on the Rental Portal. You should visit this page from time to time to review the then-current Terms because they are binding on you. Your continued use of the Rental Portal after such notice shall be deemed acceptance of such changes. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages within the Rental Portal. Upon our request, you agree to sign a non-electronic version of these Terms.
Your use of this Rental Portal constitutes your agreement and consent that we may communicate with you electronically for all purposes. This includes all legal and notice requirements. Such electronic communications may take the form of postings to this Rental Portal and/or e-mails forwarded to the e-mail address you provide when you register on the Rental Portal or make a payment through the Rental Portal. You may withdraw your consent to receive electronic communication at any time, but if you withdraw your consent it will only be effective prospectively (not for payments or communications already provided) and you agree that you will no longer access or use the Rental Portal to make payments to us after you withdraw your consent.
User Accounts. To access the Rental Portal, you may either (a) use your username and password, or (b) contact Funf’s Property Management at 760.933.7836 to obtain a username and password. Your username and password creates a registered user account (“Account”) for the Rental Portal. By logging into and using your Account, you agree to (a) provide accurate, current and complete information and (b) maintain and update your information to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your Account and your use of the Rental Portal. As part of the registration process, you may be asked to select a username and/or password. You will not transfer your use of or access to the Rental Portal to any third party. You are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities (including purchases, as applicable) that are conducted through your Account. WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH ANY OF THE FOREGOING OBLIGATIONS.
Authorized User(s): When accessing the Rental Portal or using your Account, you are required to comply with the security procedures used by us to confirm that only authorized users have access to the Rental Portal and your Account, such as any authentication requirements.
Payment Processing Services. All payment information handling and processing services available through this Rental Portal (the “Payment Processing Services”) are operated and provided by Funf’s unaffiliated third party payment processing vendor (the “Payment Processor”). When you provide a payment method and related information through the Rental Portal, you are providing that information directly to the Payment Processor and not to Funf. By providing payment information through the Rental Portal, you represent and warrant that you are the holder of the associated account or an authorized user thereof and that such account is valid. You acknowledge and agree that Funf is not liable or responsible for the provision of the Payment Processing Services or the actions or omissions of Payment Processor. Funf further is not the issuer of any payment card or account that may be used to make a payment through the Rental Portal and is not responsible for determining whether any transaction initiated by you will be approved. Funf makes no representation or warranty that the Rental Portal or Payment Processing Services will be available at any given time or that any transaction will be completed using the Rental Portal or Payment Processing Services nor does Funf make any representation or warranty concerning the security of the Payment Processor’s systems or processes.
Changes and Termination. Any modification or disabling of the Rental Portal will be done at our sole and absolute discretion and without an ongoing obligation or liability to you, and your use of the Rental Portal or Account does not entitle you to the continued availability of the Rental Portal. Upon termination, you will have no further access to, and we may delete, any information or content submitted to us via the Rental Portal or your Account. You agree that we will have no liability whatsoever to you or any other party as a result of a termination of your access to the Rental Portal and to your Account.
Personal Information. Your submission of personally identifiable information through the Rental Portal, including payment card and other payment and shipping information, is governed by Funf’s Privacy Policy.
Fulfillment Policy.
Payment Confirmation: Upon successful payment through Payment Processing Services, You will receive an automated email confirming their rent payment.
Property Access: Access to the property will be provided as outlined in the lease agreement.
Maintenance Requests: You can submit maintenance requests through the Rental Portal or by contacting us directly.
Refunds: Refunds will be handled according to the terms outlined in the lease agreement.
Conduct. In connection with your use of the Rental Portal, you agree that you shall not:
Restrict or inhibit any other authorized user from using the Rental Portal, including, without limitation, by means of “hacking” or defacing any portion of the Rental Portal;
Use the Rental Portal or the Payment Processing Services for any unlawful purpose;
Transmit any software or other materials that contain any viruses, worms, trojan horses, malware, defects, date bombs, time bombs or other items of a malicious or harmful nature or that monitor the use of any hardware, software, equipment or other technology, or any data, information, or materials in connection with any of the foregoing;
Use any robot, spider, website search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Rental Portal or its contents; or
Interfere with or disrupt the operation of the Rental Portal or the servers or networks used to make the Rental Portal or Payment Processing Services available; or violate any requirements, procedures, policies, or regulations of such networks.
Disclaimers. THE RENTAL PORTAL AND ALL FEATURES, FUNCTIONALITY, MATERIALS, INTELLECTUAL PROPERTY, AND SOFTWARE PROVIDED THROUGH THE RENTAL PORTAL ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. YOUR USE OF THE RENTAL PORTAL AND ANY SERVICES PROVIDED THROUGH THE RENTAL PORTAL ARE ENTIRELY AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED PURSUANT TO APPLICABLE LAW, FUNF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
FUNF DOES NOT WARRANT THAT YOUR USE OF THE RENTAL PORTAL OR THE PAYMENT PROCESSING SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE RENTAL PORTAL, PAYMENT PROCESSING SERVICES OR THE SERVER(S) ON WHICH THE RENTAL PORTAL OR PAYMENT PROCESSING SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE, AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE RENTAL PORTAL, AND ALL CHARGES RELATED THERETO.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FUNF OR AFFILIATED ENTITIES, LICENSORS OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES WHATSOEVER, OR ANY SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE RENTAL PORTAL, ANY SERVICES, SOFTWARE, FEATURES OR INFORMATION CONTAINED WITHIN THE RENTAL PORTAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE RENTAL PORTAL OR PAYMENT PROCESSING SERVICES IS TO STOP USING THE RENTAL PORTAL. STATE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting anything set forth in these Terms, to the fullest extent permitted by applicable law, in no event will Funf be liable for any adjustment, refund, or credit of any kind for, or any loss, delay, omission, shipment, misdelivery, non-delivery, misinformation, or other service failures caused by (a) your acts, defaults, or omissions; (b) your violation these Terms; or (c) failures of Internet service providers, disruption or failure of communication and information systems, force majeure events or other acts of God.
Indemnification. To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Funf and its affiliates from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from your breach of these Terms or unauthorized use of the Rental Portal or Payment Processing Services.
Termination and Enforcement. Funf reserves the right to immediately discontinue the Rental Portal, terminate these Terms, or your access to and use of the Rental Portal or any portion thereof, at any time and for any reason, with or without cause. Upon termination of these Terms, your right to use the Rental Portal shall immediately cease. We reserve the right to take steps that we believe are necessary, helpful, or appropriate to enforce or verify compliance with these Terms (including without limitation in connection with any legal process relating to your use of the Rental Portal or a third party claim that your use of the Rental Portal or the Payment Processing Services is unlawful or violates such third party’s rights).
Entire Agreement; Applicable Law. This is the entire agreement between you and Funf relating to the use of this Rental Portal and the Payment Processing Services, which supersedes all prior and contemporaneous agreements, proposals, understandings, or communications in any form with respect to the subject matter hereof. If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms will be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any principles of conflicts of laws contained therein. Any cause of action arising under these Terms shall be adjudicated in Los Angeles, California, and the parties hereby submit to the jurisdiction of the State or Superior courts of Los Angeles County, California.
These Terms apply solely to your use of the Rental Portal and Payment Processing Services and shall in no way be deemed to modify the terms and conditions of the lease agreement between you and Funf.
Waiver. Funf’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right of Funf herein.
Assignment; No Third Party Beneficiaries. You may not assign or otherwise transfer your obligations or interests under these Terms, in whole or in part. Any attempt to do so shall be void. Funf may freely assign these Terms. Nothing in these Terms is intend to confer upon you or any third parties any rights, remedies, or benefits not otherwise expressly conferred.
Headings. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
Contact Information. If you have questions or comments regarding this Rental Portal, please contact us by email at sven@funfventures.com or by phone at 760.933.7836.