Terms and Conditions

LISTING TERMS OF SERVICES

Welcome and thank you for your interest in the RentOmaha.com rentals platform (the “Rentals Platform”). By using Rentals Platform, or by accessing any content provided by Monster Creative, LLC, a Nebraska limited liability company DBA RentOmaha.com (“RentOmaha.com”), you agree to these Listing Terms of Service (“Listing Terms”) and the RentOmaha.com Privacy Policy, available at here. If you do not agree to these Listing Terms or the RentOmaha.com Privacy Policy, please do not use the Rentals Platform.

1. The Rentals Platform. The Rentals Platform allows users consisting of rental managers or property owners (“you”) to make accessible to renters (“Renters”) accessing the Rentals Platform, listings of real and personal property available for rent (each a “Listing”). The Rentals Platform is offered by RentOmaha.com as a facilitation service only. In providing the Rentals Platform services, RentOmaha.com does not act as a broker, property manager, payment processor, legal advisor, money transmitter, payment manager, or credit reporting agency, and does not guarantee any results from using the Rentals Platform. RentOmaha.com does not independently verify any Renter, rental manager or property owner, and does not perform credit or background checks, and does not make any representations or warranties as to the quality of any Renter, rental manager or property manager or guarantee any results from any background or credit check.
2. Accounts and Verification. To use the Rentals Platform, you must be a registered RentOmaha.com user.
3. Use of the Rentals Platform. By using the Rentals Platform, you agree to:
1. Use the Rentals Platform in compliance with all applicable laws, including, without limitation, all applicable federal, state, and local fair housing laws;
2. Use the Rentals Platform only on your own behalf, and not transmit any information received through the Rentals Platform to third parties;
3. Provide RentOmaha.com, upon RentOmaha.com’s request, with the details of all transactions processed by you through the Rentals Platform;
4. Use the Rentals Platform only in connection with property within the United States;
5. Not submit any false or fraudulent information through the Rentals Platform, or otherwise use the Rentals Platform for false or fraudulent purposes;
6. Not rely on any feature of the Rentals Platform in lieu of legal advice from a licensed attorney;
7. Not use the Rentals Platform to discriminate against anyone based on race, color, national origin, religion, sex, disability, or the presence of children, or decline or treat a Renter differently based on any other class protected by the laws of your state and municipality (e.g., sexual orientation, gender identity, military status or marital status); 
8. Not post any Listing or make any statement that discourages or indicates a preference for or against any applicant on account of race, color, national origin, religion, sex, disability, the presence of children or any other class (such as source of income) protected by the laws of your state and local governments;
9. Not use any discriminatory, abusive, obscene or threatening language; and
10. Not attempt to break, or encourage anyone else to break, the above requirements.
4. Payments.
1. Generally. You may be required to pay fees to access certain features of the Rentals Platform. All fees are in U.S. dollars and are non-refundable. If RentOmaha.com changes the fees for all or part of the Rentals Platform, including by adding fees or charges, RentOmaha.com will provide you advance notice of those changes. If you do not accept the changes, RentOmaha.com may discontinue providing the applicable part of the Rentals Platform to you. RentOmaha.com’s third-party payment processors will charge the payment method you specified at the time of purchase.
2. Amounts. You may currently post Listings free of charge. You may pay RentOmaha.com a fee (the “Listing Fee”) to have your Listing displayed more prominently on the Rentals Platform (a “Featured Listing”). Current pricing for Featured Listings is available here. By making your Listing a Featured Listing, you are responsible for paying RentOmaha.com the Listing Fee regardless of whether: (a) you are set up to receive contacts via the Rentals Platform; or (b) there are errors in your information, or the Listing information displayed on the Rentals Platform. The Listing Fee will be charged immediately upon your submission of a Featured Listing (the “Listing Date”) and 30-days (each a “Renewal Term”). The Renewal Terms will continue until: (a) the Listing is terminated by either party (See Section 5); or (b) RentOmaha.com deactivates the Listing. You understand that RentOmaha.com may remove any Listing if you fail to pay RentOmaha.com the Listing Fee for any Renewal Term or after the expiration of any promotional period. You agree that any unpaid Listing Fees will accrue interest at the rate of one percent (1%) a week until paid, or the legal maximum, whichever is less. Charges are exclusive of applicable taxes. You are responsible for paying: (a) all taxes and government charges; and (b) reasonable expenses (including collection agency and attorneys’ fees) RentOmaha.com incurs in collecting unpaid amounts. Before you pay any Listing Fees, you will have an opportunity to review and accept the Listing Fees that you will be charged. All Listing Fees are in U.S. Dollars and are non-refundable. RentOmaha.com may change the Listing Fees, or any feature of the Rentals Platform, including by adding additional fees, on a going forward basis at any time. RentOmaha.com will charge the payment method you specify at the time of purchase. If you change your payment method, the new payment method will automatically become your default payment method for every Renewal Term going forward. You authorize RentOmaha.com to charge all sums described in these Listing Terms, for the services you select, to that payment method. You may terminate any Listing at any time through the Deactivate Listing button found on the Listing’s page on the Rentals Platform. For more information on your termination rights, email us. By using the Rentals Platform to publish your Listing you grant RentOmaha.com a worldwide, non-exclusive, perpetual, irrevocable, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, use, reproduce, modify, and distribute any information or photographs submitted with the Listing (the “Listing Content”), in whole and in part, in any media formats and through any media channels (now known or hereafter developed). RentOmaha.com’s use of the Listing Content may be without any compensation to you.
3. Third-party Payment Facilitators. You authorize RentOmaha.com and its third-party processors to charge all fees as described in these Listing Terms, for the Rentals Platform, to your chosen payment method. If you pay any fees, other than the Listing Fee, with a credit card, RentOmaha.com’s third-party payment processors may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. You acknowledge and authorize RentOmaha.com’s third-party payment processors to charge your credit card when you submit your Listing to the Rentals Platform and for each Renewal Term. By making payments through the Rentals Platform, you grant RentOmaha.com and our third-party payment processors the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant institution, and to charge your account in the amounts specified in the Rentals Platform. You agree to your personal and financial information being transferred, stored, and processed by our third-party payment processors.
4. No Refunds/No Guarantees. RentOmaha.com does not provide any refunds, and does not guarantee any result using the Rentals Platform, including, but not limited to, finding a Renter, receiving a rental application, or a rental application being accepted.
5. Termination. You may terminate your account at any time by contacting us. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Rentals Platform. If you violate any provision of these Listing Terms, your permission from RentOmaha.com to use the Rentals Platform will terminate automatically. In addition, RentOmaha.com may in its sole discretion terminate your account on the Rentals Platform or suspend or terminate your access to the Rentals Platform at any time for any reason, with or without notice, including if: (i) you fail to pay any amount to RentOmaha.com when due; (ii) we determine that you pose a financial, reputational or regulatory risk to RentOmaha.com or any third party; or (iii) we are required to do so by any third party. RentOmaha.com may alter, suspend or discontinue the Rentals Platform or any portion of the Rentals Platform without notice. RentOmaha.com will not be liable whatsoever on account of any change to the Rentals Platform or any suspension or termination of your access to or use of the Rentals Platform. RentOmaha.com will remove any Listing that it determines in its sole discretion (a) violates any third party’s rights; (b) violates the Digital Millennium Copyright Act; (c) results in the publication of any material that RentOmaha.com deems inappropriate; or (d) results in your publication of any content that violates Fair Housing Laws. RentOmaha.com will notify you of, and stop charging you the Listing Fee for, any removed Listing. RentOmaha.com reserves the right to change these Listing Terms at any time in its sole discretion on a going-forward basis. In the event RentOmaha.com changes these Listing Terms, RentOmaha.com will make reasonable efforts to provide notice to users. Any changes will be effective immediately upon posting the revised version of these Listing Terms to RentOmaha.com’s website. Your continued use of the Rentals Platform after notice of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Listing Terms. You are responsible for regularly reviewing these Listing Terms. In the event that this Agreement is terminated, RentOmaha.com will not be obligated to return any material or information to you related to a terminated Listing. RentOmaha.com will not have any liability to you or any other person for the removal of information concerning your account or any Listing.
6. Indemnification. You agree to indemnify, defend, and hold harmless RentOmaha.com, its affiliates, and their respective directors, officers, employees, and agents from any and all claims and demands made by any third-party due to or arising out of: (a) your access to or use of the Rentals Platform; (b) your breach of these Listing Terms; (c) your violation of any law or the rights of a third-party; and (d) any dispute or issue between you and any third-party, including any other Renter or Rental Manager user of the Rentals Platform or any third-party vendor.
7. No Warranties. RENTOMAHA.COM PROVIDES THE RENTALS PLATFORM “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU.
8. Limitation of Liability/Exclusive Remedy. IN NO EVENT WILL RENTOMAHA.COM OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, BASED ON, OR RESULTING FROM THESE LISTING TERMS OR YOUR USE OR ACCESS OR INABILITY TO USE OR ACCESS THE RENTALS PLATFORM OR ANY MATERIALS OBTAINED ON OR THROUGH THE RENTALS PLATFORM, WHETHER BASED ON (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, EVEN IF RENTOMAHA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF RENTOMAHA.COM AND ANY OF ITS AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE ANY PORTION OF THE RENTALS PLATFORM OR OTHERWISE UNDER THESE LISTING TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (I) THE AMOUNT YOU HAVE PAID TO RENTOMAHA.COM FOR THE RENTALS PLATFORM IN THE 6 MONTHS PRIOR TO THE EVENTS OR CIRCUMSTANCES GIVING RISE TO THE CLAIMS; OR (II) $100. EACH PROVISION OF THESE LISTING TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT OF THE PARTIES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.
9. Choice of Law; Disputes. These Listing Terms are governed by the laws of the State of Nebraska, without giving effect to its conflict of laws provisions. Any dispute or claim relating in any way to these Listing Terms or the Rentals Platform will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Listing Terms. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Listing Terms as a court would. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.  RentOmaha.com and you each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration each party waives any right to a jury trial.  Each party also agrees that it  may bring suit in court to enjoin infringement or other misuse of intellectual property rights. With respect to any judicial proceedings authorized by these Listing Terms, you agree to submit to the personal and exclusive jurisdiction and venue in the state and federal courts sitting in Douglas County, Nebraska for such proceedings.  

1. General. You agree not to export from anywhere any part of the Rentals Platform provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. If any part of these Listing Terms is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Listing Terms will continue in effect. The section titles in these Listing Terms are solely used for the convenience of the parties and have no legal or contractual significance. RentOmaha.com may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Listing Terms, or assign, transfer or sublicense your rights, if any, in the Rentals Platform. RentOmaha.com’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Listing Terms, and all expressly incorporated agreements, constitute the entire agreement between you and RentOmaha.com with respect to the Rentals Platform and supersede all prior or contemporaneous communications of any kind between you and RentOmaha.com with respect to the Rentals Platform. The following sections of these Listing Terms shall survive any termination of these ListingTerms: 2–11.
2. Contact. The Rentals Platform is offered by Monster Creative, LLC DBA RentalOmaha.com, located at 13302 Millard Ave Ste B Omaha, NE 68137. You may contact RentOmaha.com by sending correspondence to that address or emailing us.