Terms of Use

Last Updated: January 2025

1. Agreement to Terms

These Terms form a binding agreement between you and RentCertain. We may update them as described in Section 19. Your continued use of the Services after changes take effect means you accept the updated Terms.

2. About RentCertain & Our Role

RentCertain provides marketing, advertising, and renter-acquisition services for apartment communities. We promote communities across digital channels, operate informational websites and landing pages, and direct (“push”) interested renters to each community’s own application page or website.

3. Eligibility

You must be at least 18 years old and able to form a binding contract to use the Services. By using the Services, you represent that you meet these requirements and that the information you provide is accurate and your own.

4. No Guarantee of Housing or Approval

The Services help connect you with apartment communities; they do not guarantee that you will be approved for, offered, or able to rent any apartment. All screening, eligibility, availability, pricing, approval, and leasing decisions are made solely by the apartment community under its own criteria and applicable law. RentCertain makes no representation or warranty regarding any community, unit, availability, price, or outcome.

5. Applications & Third-Party Communities

When you click through from our Services, you may be directed to an apartment community’s own website or application page operated by a third party. Your use of those third-party sites and any application you submit are governed by that third party’s own terms and privacy policy. We are not responsible for third parties’ content, decisions, data practices, availability, or conduct.

6. Communications Consent

By providing your phone number and contact details, you agree to receive calls, text messages, and emails from RentCertain and the apartment communities and partners we work with regarding apartments, availability, and related offers, including messages sent using automatic dialing systems, prerecorded/artificial voice, and automated texts. Consent is not a condition of receiving housing information. Message and data rates may apply; message frequency varies. Reply STOP to opt out of texts, use the unsubscribe link in emails, or contact us to opt out. Additional detail is in our Privacy Policy.

7. Privacy & Data

Our collection, use, sharing, and sale of personal information is described in our Privacy Policy, which is incorporated into these Terms. RentCertain is a marketing company and shares and sells personal information for advertising and marketing purposes. Please review the Privacy Policy, including your rights to opt out of the sale or sharing of your information.

8. Acceptable Use

You agree not to: (a) submit false, misleading, or unauthorized information, or information that is not your own; (b) use the Services for any unlawful, fraudulent, or abusive purpose; (c) interfere with or disrupt the Services or attempt to gain unauthorized access; (d) scrape, harvest, reverse engineer, or copy the Services or their content without permission; or (e) use the Services to send spam or violate the rights of others.

9. Your Submissions

When you submit information through the Services, you grant RentCertain a non-exclusive, worldwide, royalty-free license to use, store, process, share, and sell that information consistent with these Terms and our Privacy Policy. You represent that you have the right to provide the information and that it is accurate.

10. Intellectual Property

The Services, including the RentCertain name, logo, “Approved Renters. Guaranteed.” tagline, text, graphics, design, and other content, are owned by RentCertain or its licensors and are protected by intellectual-property laws. You may not use our marks or content without our prior written permission. All rights not expressly granted are reserved.

11. Third-Party Links

The Services may contain links to third-party websites and resources. We provide these for convenience only and do not endorse or assume responsibility for them. Accessing third-party sites is at your own risk and subject to their terms.

12. Fair Housing

RentCertain supports equal housing opportunity and does not make housing decisions. We do not discriminate on the basis of race, color, religion, sex, national origin, familial status, disability, or any other basis protected by federal, state, or local fair-housing laws. Housing decisions are made solely by the apartment communities.

13. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY INFORMATION, COMMUNITY, OR OUTCOME WILL MEET YOUR EXPECTATIONS.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RENTCERTAIN AND BEHIND THE CURTAIN, LLC, AND THEIR OFFICERS, MEMBERS, EMPLOYEES, AND PARTNERS, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR HOUSING OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

15. Indemnification

You agree to indemnify and hold harmless RentCertain and Behind The Curtain, LLC from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of your use of the Services, your submissions, or your violation of these Terms or applicable law.

16. Dispute Resolution & Arbitration

Please read this section carefully; it affects your legal rights. Except where prohibited by law, you and RentCertain agree that any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration, and not in court, except that either party may bring an individual claim in small-claims court. You and RentCertain waive the right to a jury trial and to participate in any class or representative action. You may opt out of this arbitration agreement by emailing [email protected] within 30 days of first accepting these Terms.

17. Governing Law

These Terms are governed by the laws of the State of [Insert State], without regard to its conflict-of-laws rules. Subject to Section 16, the exclusive venue for any dispute not subject to arbitration will be the state or federal courts located in [Insert State/County].

18. Termination

We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including if we believe you have violated these Terms. Sections that by their nature should survive termination will survive.

19. Changes to These Terms

We may modify these Terms at any time by posting the updated version with a new “Last Updated” date. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

20. General

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our consent; we may assign them freely. These Terms and the Privacy Policy are the entire agreement between you and RentCertain regarding the Services.