Terms of Use
Last updated: October 2023
Please read these terms and conditions carefully before using this Service.
WEBSITE TERMS AND CONDITIONS OF USE
THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.
1. Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and Locayt and/or any of its affiliates. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
You represent that You are over the age of 18. Locayt does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of Locayt. The Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website. The Privacy Policy provides information as to Your privacy rights and how Your privacy rights are protected. Please read Our Privacy Policy carefully before using our Service.
2. Restrictions on Use
All pages within this Website and any material made available for download (collectively the “Site”) are the property of Locayt and/or its Affiliates. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of Locayt for Your own personal use or the internal use of Your business. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.
Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by Locayt.
These Terms and Conditions are effective as of June 1, 2023. We reserve the right to change these Terms and Conditions from time to time without notice to You. You acknowledge and agree that it is Your responsibility to review this site and these Terms and Conditions periodically and to be aware of any modifications. Your continued use of this Site after such modifications will constitute Your acknowledgement of the modified Terms and Conditions and agreement to abide and be bound by the modified Terms and Conditions.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, your right to use the Service will cease immediately. If You wish to terminate Your Account, you may simply discontinue using the Service.
3. Warranty Disclaimer
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.
LOCAYT, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
Although Locayt attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Locayt in order to be corrected. Information contained on the Site may be changed or updated without notice.
4. Rental Property Disclosure
Locayt is not affiliated with the Landlord. Locayt does not guarantee any accuracy of the property descriptions (prices, description, availability, amenities, etc.). It is Your responsibility to verify any and all details about any property and its accuracy. We do not process or store background checks or credit checks. We do not control how a landlord uses background or credit.
check information in evaluating their applications. We do not guarantee any acceptance by a Landlord of an Application. Applications submitted through Locayt do not include credit or background checks. Landlord may request a background and credit check and they may request an additional fee. Locayt does not guarantee that its standard Application will be accepted by the Landlord for consideration.
We do not guarantee any Application review or consideration by Landlord.
When submitting an Application, Locayt may forward Your Application to other Landlords or agents for consideration. You may opt out of having Your Application forwarded to other Landlords or agents by not submitting an Application.
THE APPLICANT IS AWARE THAT THE PROPERTIES IDENTIFIED MAY NOT BE ON THE MARKET AT THE DATE AND TIME WHEN THE APPLICANT SUBMITS AN APPLICATION. LOCAYT WILL NOT BE RESPONSIBLE SHOULD SUCH AN EVENT OCCUR.
5. Payment of Fees
You agree to pay all fees associated with the Service. For all charges for Services on this Site, we will bill Your credit card. You agree to provide us with accurate and complete billing information, including valid credit card information, Your name, address and telephone number, and to provide us with any changes in such information within 15 days of the change.
If, for any reason, Your credit card company refuses to pay the amount billed for the Service, You agree that we may, at our option, suspend or terminate Your Account and require You to pay the overdue amount by other means acceptable to us. We may charge a fee for reinstatement of suspended or terminated Accounts. You agree that until Your Account is terminated, You will continue to accrue charges for which You remain responsible, even if You do not use the Service. In the event legal action is necessary to collect on balances due, You agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
Except when required by law, paid Application fees are non-refundable. Certain refund requests for Application refunds may be considered by Locayt on a case-by-case basis and granted at the sole discretion of the Locayt.
6. Confidential and Proprietary Information
Locayt does not want to receive confidential or proprietary information from You through the Site. Please note that any information or material sent to Locayt through the Site will be deemed NOT to be confidential. By sending Locayt any information or material, You grant Locayt an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and You also agree that Locayt is free to use any ideas, concepts, know-how, or techniques that You send us for any purpose.
7. Indemnification
Upon a request by Us, You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from Your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with us in asserting any available defenses.
8. User Opt-in/Opt-Out:
Regardless of the opt-in method You utilized to authorize Locayt to message You, You agree that this Agreement applies to Your participation in the Service. By opting-in, You agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with Your opt-in, and You understand that consent is not required to make any purchase from Us.
If You do not wish to continue Your use of the Service or no longer agree to this Agreement, You agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Service. You may receive an additional mobile message confirming Your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove You from Our list, is not a reasonable means of opting out.
9. Choice of Law and Venue
These Terms and Conditions are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney's fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
10. International Use
Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.
11. Entire Agreement
These Terms and Conditions constitute the entire Agreement between Locayt and You pertaining to the subject matter of this Agreement. In its sole discretion, Locayt may modify these Terms and Conditions by posting the revised version on this Site and You agree that each visit by You to this Site is a new transaction governed by the terms of use linked on this Site at that time.
12. No Unlawful or Prohibited Purpose
As a condition of Your use of this Site, You warrant to Locayt that You will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
13. Notices
All notices to a party shall be in writing and shall be via e-mail. Notices to Us must be sent to the attention of Customer Service at legal@locayt.com. Notices to You may be sent either to the e-mail address supplied for Your account or to the address supplied by You as part of Your Application. In addition, we may broadcast notices or messages through the site to inform You of changes to the site or other matters of importance, and such broadcasts shall constitute notice to You.
14. Notice to California Residents
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
Definitions
For the purposes of these Terms and Conditions the following definitions apply:
• Application means the form that is filled out by You with Your information as a potential renter.
• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Account means a unique account created for You to access Our Service or parts of Our Service.
• Country refers to: California, United States
• Locayt/Our/Us refers to National Property Services, LLC, the company who owns, manages, and maintains the Site and Services described herein.
• Landlord refers to the owner of real property and includes their agents and representatives. • Service include but are not limited to the use of the Site, the processing of Your Application, and any educational materials You receive when Your Account is created. • Site refers to the website and any material made available for download through the website.
• Terms and Conditions mean these Terms and Conditions that form the entire agreement between You and Locayt regarding the use of the Site and/or Service. • You means the individual accessing or using the Site and/or Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Site and/or Service, as applicable.