This listing agreement is incorporated into and is made a part of the digital or written advertising agreement between you (“Property Manager”) and Cleveland Apartment Finders ("CAF").
Terms of Agreement. This is a non-exclusive listing agreement. You may continue to advertise your property anywhere you wish. This agreement has no set term and you may remove your property listings at anytime without any additional costs or penalties for doing so. There is no fee if you rent your apartment(s) on your own. You are free to use any other means to continue to try to rent your apartment. CAF only charges a fee if the tenants referred by CAF are accepted and sign a lease.
Reported Lease. Property Manager will pay to CAF the specified lease success fee for each "Reported Lease," which means a situation where a renter: (1) Finds your property advertised on the CAF website (the "Website"). (2) Enters into a lease agreement for a unit in the property. (3) Reports that lease to CAF.
The Lease Success Fee is equivalent to half of one month’s rent.
CAF will pay a $100.00 reward to the tenant when the tenant reports their lease.
Fees. Again, there is no upfront or monthly fee for you to advertise your property on the Website. You will be obligated to pay CAF a lease success fee equal to half of one month’s rent per reported lease. CAF must receive the lease success fee within 30 days of the date the lease agreement was signed unless otherwise stated. If the fee is not received, CAF reserves the right to permanently suspend, remove and permanently delete any and all property listings from the CAF site. Property Manager's with delinquent accounts assume the costs for collections plus 1.5%.
Rent Credit Policy. In the CAF Rent Credit Policy, CAF directs renters to tell the property they found them on the CAF Website and encourages them to write CAF as their referral source on guest cards and/or lease applications. This is one of many ways for the parties to confirm lease validity. However, it is not the only evidence that can establish that the renter found the property on CAF. Accordingly, even if CAF is not noted as the source, you may remain liable for the Fee if there is other reasonable evidence (such as tracking data or a renter submitted reported lease) that the renter found the property on the CAF Website. Renters who report a lease agreement to CAF will be eligible for a $100.00 reward paid by CAF.
Early Termination Credit. If within 90 days after the start of the term of a Reported Lease, the Renter breaks the lease or is evicted for any reason (unless the entire lease term is less than 90 days), the Fee will be reduced to 50% of the original Reported Lease Fee, and the difference between the Fee paid by the property for such Reported Lease and the newly reduced Fee will be credited toward the Fees coming due in the next 30 day pay period. Otherwise, CAF will have no obligation to credit or return any portion of a Fee.
General. CAF reserves the right to change these fees at any time with 30 days notice by notifying Property Manager and posting those changes on the CAF website; however, no notice will be required for a reduction in fees. CAF may choose to temporarily change this Fees and Credits Policy and the fees for services provided for promotional events, and such changes are effective when CAF posts the temporary promotional event on the site. CAF maintains sole discretionary right to change some or all of its services at any time. In the event that CAF introduces a new service, the fees for that service are effective at the launch of the service, upon Property Manager’s authorization. All fees are quoted in U.S. Dollars. Property Manager is responsible for paying all fees associated with using the CAF service and with using CAF’s Website, and for following all applicable taxes and laws.
Release of Liability. CAF does not guarantee the qualification of the Renter in any way. It is the responsibility of Property Manager to qualify and approve or decline any and all potential renters referred by CAF. It is agreed that CAF will be held harmless for any and all damages and liabilities arising from the acceptance or rejection of any potential renters referred by CAF.
CAF does not list real estate for sale or lease, does not provide brokerage services, does not act as referral agents, and do not receive referral fees. CAFis an advertising portal and any and all fees related to properties displayed in relation there to are ADVERTISING FEES ONLY.
CAF does not offer legal services nor real estate sales or leasing representation. By using this website, the advertiser of any property on the Website, and/or with CAF, indemnifies and warrants that the advertiser has the legal right to advertise, sell and/or lease said property, to enter into a contract related to the advertisement, sale and/or lease of said property, and/or to represent individuals in entering into a contract related to the advertisement, sale and/or lease of said property.
By using this site to advertise real estate for sale or lease, you are affirming that you are either the property owner, Property Manager or that you are licensed by any and all appropriate authorities to conduct such activities, enter into such agreements and agree to indemnify and hold harmless CAF for same.
Acceptance. By checking the 'I agree' checkbox and continuing, Property Manager is hereby accepting this agreement in its entirety. Upon accepting this agreement, CAF is released of all liability with landlord, tenant and other parties affiliated with the Property Manager and/or CAF referrals. You are hereby stating that you are able to sign agreements on behalf of Property Manager and hereby agree to abide by the terms and conditions set forth in this agreement.
In order to use the Services, you need Internet access. You also need equipment to access the Services, including computer, modem and other devices. You are responsible for the costs of your Internet access and the equipment needed, and CAF is not responsible for any of these costs.
Although we attempt to make sure all of the information on the Site, including but not limited to rental rates, price, square footage, photos, elevation and floorplan images, and lot size, is accurate, by continuing to use this Site, you acknowledge, understand and agree that it may not be current, accurate, or complete and that CAF and its suppliers do not warrant or guarantee such accuracy. YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY VERIFYING ALL INFORMATION ON THE SITE BEFORE RELYING ON THAT INFORMATION IN ANY MANNER.
If you decide to become a registered user of the Site, you will be asked to give us some information about yourself. If you are not registered with us, please register and become eligible for our enhanced registrant benefits.
Account Information and Password Protection
When you register, you will be assigned your email address as your user name and you will select a password so that you can access your account with us. You agree that you will keep this information confidential. You are completely responsible for maintaining the confidentiality of your password and for all activities undertaken with your account and password. You agree to log off of the Services at the end of each session to prevent fraud on your account by third parties. If you think there has been unauthorized use of your account or password, you agree to immediately notify CAF and cooperate with us to resolve it. You understand that if you do not follow the terms of this paragraph, we may suspend or terminate your use of this Site as explained below. You understand that we are not responsible in any way, and will not be liable to you or to any third person, if you do not comply with the terms of this paragraph.
How You Can Use the Services
You may use the Services on the Site for your personal use. You may make a single copy of the individual screens you see when you use the Services, but only for your personal use, and not for further distribution or transfer to others. You may not-and agree not to-modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information obtained from the Services, except as set forth in this Agreement.
No License Granted
Except for allowing you to use the Site for your personal use as set forth in the paragraph above, when you use the Site you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of CAF. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER CAF PROPERTY EXCEPT AS INDICATED IN THIS AGREEMENT.
Conduct of Registered Users and Visitors
We believe that all registered users and visitors benefit from basic rules regarding conduct while using any of the e-mail services so that everyone feels free to share opinions and ideas. The free flow of ideas is jeopardized when a few individuals act irresponsibly. To help everyone have a positive experience, we ask, and you agree, to follow the following basic rules of conduct when using the Site:
(1) You will follow these Terms and all applicable laws;
(2) You will never give your password to anyone (no CAF employee will ever ask for it) and you will not provide your billing or credit information except to make a purchase;
(3) You will not harass, threaten or abuse other people when using the Site in any manner;
(4) You will not e-mail any User Content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another person’s privacy or proprietary rights, including any patent, trademark, trade secret, or copyrights of any party;
(5) You will not attempt to harvest any screen names of e-mail addresses for any commercial use;
(6) You will not collect or store personal information about any other individual on the Site, or otherwise stalk, repeatedly contact or harass another user;
(7) You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with CAF; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another;
(8) You will not use the Services to harm minors in any way, or encourage interactions with minors of a sexual nature;
(9) You will not manipulate the Services so as to hide your identity or participation in Services on the Site (by using another person’s identity, changing headers, or otherwise modifying any other possible identifier);
(10) You will not send any bulk unsolicited advertising, promotional information, e-mail or other solicitation (including without limitation junk mail, "spam," chain letters or pyramid schemes of any sort) to any person through the use of the Services.
Please report any violations of these Terms here.
If you violate any of the guidelines set forth above, or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the Services without giving you any notice. In the event that your service is terminated, you will immediately lose access to any information that may be on the system. YOU UNDERSTAND THAT CAF IS NOT RESPONSIBLE FOR YOUR INABILITY TO ACCESS ANY INFORMATION ON THE SITE FOR ANY REASON, WHETHER IT BE BECAUSE OF TERMINATION OF YOUR ACCOUNT; SOFTWARE, HARDWARE, OR INTERNET PROBLEMS OR ERRORS; OR ANY OTHER REASON.
Disclosure of Your Identity
You understand that you are personally responsible for your behavior while on the Site, and agree to indemnify and hold CAF and its affiliates and their officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including attorneys’ fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the Services, or your access to the Site, or your violation of either these Terms or the rights of any third party.
Disclaimer of Warranties
YOU UNDERSTAND THAT YOUR USE OF THE SERVICES (INCLUDING ANY DOWNLOAD FROM THE SERVICES AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT CAF MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT CAF DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAF DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CAF OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR THE SERVICES, EVEN IF CAF HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
Access Restrictions; Termination
We can terminate your access to the Site or the Services at any time.
We can also change these Terms at any time, and your continued use of the Services after any change we make will mean that you agreed with the changes. Notice to you may be made by displaying notices or links to notices to you generally on the Services. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, PLEASE DO NOT ACCESS OR USE THE SERVICES IN ANY MANNER FOR ANY PURPOSE.
Scheduled and Unscheduled Site Down Times
In order to ensure that you have the latest information and the best tools for your new home search, regularly performs site maintenance. Our scheduled maintenance window is every Wednesday from 2AM to 5AM Eastern time. However, there may be other delays and service interruptions from time to time. We apologize for any inconvenience this may cause you. If you have questions regarding this, please contact us.
All content on the Site is owned by CAF and/or its licensees and protected by applicable law, with all rights reserved. CAF takes the protection of intellectual property rights, including copyrights, very seriously. CAF will terminate your access to, or use of, the Site and/or the services, without notice to you, if you infringe or misappropriate the intellectual property rights, including copyrights, of others.
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 501 et seq., copyright owners or their authorized agents may submit a complaint of alleged copyright infringement to CAF if they have a good-faith belief that their protected works are being infringed. CAF will respond to all such notifications that are sent to:
Cleveland Apartment Finders
2222 Detroit Ave.
Cleveland, Ohio 44113
(800) 507-8685 (fax)
To be effective, the notification must be a written communication that includes:
• A physical or electronic signature of a person authorized to act on behalf of the owner of a right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single Website are covered by a single notification, a representative list of such works at that Website;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of such notification, CAF shall promptly investigate the matter, and, if appropriate, remove or disable access to the allegedly infringing material. After CAF removes or disables access to such material, if such material was posted by a user of the Site, CAF will notify the party that posted the material of its action. Such party may then provide CAF’s designated agent proper "counter-notification" stating his, her or its authority to post the allegedly infringing material, which CAF will forward to the alleged copyright owner. CAF will inform the alleged copyright owner that CAF will repost the removed material or cease disabling access to it in ten to fourteen business days unless the alleged copyright owner sends a second notification to CAF’s designated agent stating that it has filed suit against the alleged infringer.
An effective counter-notification must be sent to CAF’s designated agent, whose name and address are listed above. The notice must include the following information:
• The counter-notifying party’s physical or electronic signature;
• Identification of the material that has been removed or disabled and the location where the material was before its removal or disablement;
• A statement, under penalty of perjury, that the party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
• The counter-notifying party’s name, address, phone number, and a statement that the party consents to the jurisdiction of the federal court in its district, or if the subscriber is foreign, it consents to any jurisdiction where CAF is subject to jurisdiction, and that the subscriber will accept service of process from the person who provided CAF with notification or an agent of such a person.
Equal Housing Opportunity
All real estate advertising on the Site is subject to the Fair Housing Act, which makes it illegal to advertise any preference limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin, or an intention, to make any such preference, limitation or discrimination. Familial status includes children under the age of 18 living with parents or legal custodians; pregnant women; and people securing custody of children under 18.
CAF will not knowingly accept any advertising for real estate which is in violation of the law. All visitors to the Site are hereby informed that all dwellings advertised in this Site are available on an equal opportunity basis.
Cleveland Apartment Finders is a trademark of CAF. Other trademarks are the property of CAF or their respective owners.
These Terms are the entire agreement between you and CAF. They supersede any and all prior or contemporaneous agreements between you and CAF relating to your use of the Site or the Services. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. These Terms are governed by, and will be interpreted in accordance with, the laws of the State of Georgia, without regard to any choice of law provisions. You agree that, with the exception of injunctive relief sought by CAF for any violation of CAF’s proprietary or other rights, any and all disputes relating to these Terms, your use of the Site or the Services shall be resolved by arbitration in accordance with the then-current rules of the American Arbitration Association (the "AAA") before an independent arbitrator designated by the AAA. The location of arbitration shall be Cleveland, Ohio, USA. You can direct any questions concerning these Terms to:
Cleveland Apartment Finders
2222 Detroit Ave.
Cleveland, Ohio 44113
(800) 507-8685 (fax)