Terms of Service
This Website is offered and available to Users who are 18 years of age or older, and have a legal presence in the country that BuildBlock provides the services for. By using this Website, you represent and warrant that you are of legal age to form a binding contract with BuildBlock and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
3. Description of Services.
BuildBlock currently provides a full-service, internet-based platform for Managers to efficiently manage their rental units, including such features as promotion of an available rental unit, screening potential tenants with secure credit and background checks, creating and maintaining customized lease agreements, managing online ACH payment of Tenant Payments with automatic receipts and interest reminders, managing the move-in/move-out checklist online, maintenance requests, and property management reports (including rents collected and maintenance fees incurred) (the "Services"). More information on the Services is provided below. Users may use some or all of the features of the Service. BUILDBLOCK RESERVES THE RIGHT TO ADD, SUBTRACT, OR CHANGE THESE SERVICES.
3.1 Finding and Screening Tenants.
Upon registration, the Manager will be required to provide registration information, which will include information such as the Manager's full name, primary phone number, alternative phone number, email address, emergency contact information, credit card payment information, and other relevant information related to such Manager (the "Manager Registration Information"). During the time that the Manager uses the Services, Manager shall keep all Manager Registration Information up-to-date and accurate.
Once registered, Manager may add a rental unit, and if desired, create a listing that includes information about the unit, such as the unit type, building name, street name and cross street, address, package delivery location, amenities, rent amount, and security deposit (the "Unit Information"). Manager may choose to use the Service to broadcast the Unit Information to third-party marketing sources (such as Padlister via RSS).
Once the Tenant has viewed the rental unit and is ready to submit an application to the Manager, Manager creates a new application through the Service. As part of this process, the Tenant will be invited to fill out a rental application on the selected rental unit. This application will include information such as the Tenant's full name, primary phone number, alternative phone number, email address, emergency contact information, past addresses, prior landlord contact information, whether the Tenant has pets, vehicle information, employment history, current income information, and other relevant information related to such potential rental unit (the "Tenant Application Information"). Once tenant has completed the rental application on the selected rental unit, he will authorize the Manager to view the application on the Website, including all Tenant Application Information.
Upon completion of the application, Tenant will be required to provide personal information ("Background Check Information") and authorize the Landlord and BuildBlock to access his Nationwide Criminal History Check and Credit Report/Score (the "Background Check"). Tenant will leave the Website and be redirected to a third-party service provider's site to authorize and complete the Background Check. BuildBlock has no control over the contents of such third-party site or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If Tenant decides to access any of the third party websites linked to this Website, Tenant does so entirely at your own risk and subject to the terms and conditions of use for such websites. Once the third-party service provider has completed the Background Check, it will be available on the Website, via a secure API, for Managers to view until the Manager rejects such Tenant's application or until the Manager and Tenant enter into a lease with respect to the rental property, whichever date is earlier.
Once the Manager has received the Tenant Application Information and Background Check, Manager shall either accept or deny such Tenant application on the Website.
Manager represents and warrants that he has read and accepted the BuildBlock Fair Housing Policy and is in compliance with all federal and state laws in his decision to accept or deny a Tenant for a particular rental property and is any postings and Unit Information. Manager further represents and warrants that all information provided on the Service, including, without limitation, the Unit Information, is true and accurate and does not violate any federal, state, local or international law or regulation. Tenant represents and warrants that all information provided on the Services, including, without limitation the Tenant Application Information and the Background Check information, is true and accurate and does not violate any federal, state, local or international law or regulation. Users acknowledge that BuildBlock does not verify the identity or accuracy of any User information provided on the Services nor does BuildBlock warrant the accuracy, completeness or usefulness of any of the information provided on the Services. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
3.2 Create Customized Lease Agreements.
Once a Manager has accepted an application for a rental unit, Manager may use the Services to generate a lease based on Manager's already-existing lease template or design a template from a set of options provided on the Website. Once the lease template is acceptable, Manager submits the lease template on the Website and BuildBlock will populate the lease with Tenant-specific information provided by Tenant in the Tenant Application Information. Manager will then have the option to review the lease and send it to the Tenant. The lease will be sent to Tenant for review. Tenant may sign an acceptable lease on the Website or submit comments or changes to Manager for review. Once Tenant has signed the lease on the Website, Manager will have the option to countersign on the Website, and the fully-executed lease will be available for both Users to view through the Services. Each User represents and warrants that he has the full right, power and authority to enter into any lease signed using the Services and that the lease constitutes a binding agreement of such User. Any disputes between Manager and Tenant with respect to the lease must be resolved outside of the Services and Website. BuildBlock does not have control of or assume any liability for actions of Users on the Service, including, but not limited to the content of any lease agreements.
3.3 Move-In and Move-Out Checklist.
Within seventy two (72) hours of a Tenant moving into a rental unit, Tenant must submit the move-in checklist on the Website. Tenant may upload photographs and/or videos in connection with the move-in checklist to show prior damage or make a maintenance request to Manager.
At the end of a lease, within thirty (30) days, Manager must complete a move-out checklist for the unit on the Website. The move-out checklist will document any damage to the unit attributable to the Tenant that will be netted against Tenant's security deposit, if a security deposit was collected by Manager. Tenant will be able to view an itemized list of damages on the Website, along with an estimate of the cost to fix the damage.
Any disputes between Manager and Tenant with respect to damages to a unit or security deposits must be resolved outside of the Services and Website. BuildBlock does not have control of or assume any liability for actions of Users on the Service, including, but not limited to the use of the unit or the assessment of damages to a unit. BuildBlock does not guarantee security deposits. We do not warrant the accuracy, completeness or usefulness of any of the information provided on the move-in or move-out checklist. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
3.4 Online ACH Tenant Payments.
If the Manager participates in the online ACH payment feature of the Services, Tenant payments for rent, late fees, security deposits, or move-in fees ("Tenant Payment(s)") may be paid via ACH.
If Manager would like to accept online payments via ACH, Manager must accept and agree to the ACH agreement on the Service. Manager will specify bank account information and the rental unit and related Tenant that will make payments into such account. A Manager that operates more than one unit on the Service has the option to specify several bank accounts and separate unit deposits into different accounts.
Tenant may make online payments via ACH on a recurring basis (for rent) or on a one-time basis. To enable this feature of the Services, Tenant will be required to enter bank information and authorize BuildBlock to debit (either once or on a recurring basis) the Tenant Payment. BuildBlock will save Tenant bank information on secure servers unless Tenant requests that BuildBlock delete such information by contacting firstname.lastname@example.org.
All Tenant Payments made via the ACH payment feature of the Services will be transferred to one of several accounts held by BuildBlock until the ACH has been cleared by the Federal Reserve and Tenant's bank. Once the ACH transfer has been cleared by the Federal Reserve and Tenant's bank, BuildBlock shall initiate an ACH transfer to Manager in the amount of the Tenant Payment, less any processing or convenience fees. If Manager accepts security deposit and rent payments via the ACH payment feature of the Services, Manager must have separate accounts for these funds and designate them as "rent account" or "security deposit account" on the Services. A typical process may take up to four (4) days for Manager to receive the Tenant Payment. For a Tenant Payment to be considered paid on time, Tenant must schedule or initiate the ACH rent transfer no later than 2:00 pm CST on the date the Tenant Payment is due, and such payment must not be rejected non-sufficient funds ("NSF").
If a Tenant Payment is rejected for NSF, BuildBlock will be notified within three (3) business days, and BuildBlock will notify the Manager and Tenant of the rejection and the related NSF fee within one (1) business day of our notification that the payment was rejected. It will be the Tenant's responsibility to initiate a new ACH transaction or to make the Tenant Payment in some other manner and pay BuildBlock the NSF fee. It will be the Manager's responsibility to assess a late Tenant Payment fee, if any, to Tenant. Tenant will be required to pay the NSF fee, and any late fees assessed by the Manager, on or before the initiation of any new ACH transaction through the Website. If Tenant does not pay the NSF fee via ACH within sixty (60) days of the notification of such NSF fee, Tenant hereby authorizes BuildBlock to charge Tenant's credit card on file for the amount of the NSF fee. If Tenant does not have a current credit card on file and fails to pay the NSF fee within the sixty (60) day period referred to above, Manager hereby authorizes BuildBlock to charge Manager's credit card on file for the full amount of the NSF fee.
During the time that the Tenant makes Tenant Payments to the Manager through the Services, both Parties agree to ensure that all bank account, ACH information, and credit card information up-to-date and accurate.
Either User may cancel the ACH payment feature at any time by contacting email@example.com, as long as a current ACH transaction is not in process. If a current ACH transaction is in process, such transaction will be finalized before BuildBlock disables this feature of the Service.
BUILDBLOCK IS NOT A COLLECTION COMPANY AND IN NO WAY GUARANTEES PAYMENT BY TENANT NOR DOES IT INHERIT THE RISK ASSUMED BY ANY PARTY IN RELATION TO ANY TRANSACTION PERFORMED THROUGH THE SERVICE.
3.5 Maintenance Requests.
Tenant may submit maintenance requests on the Website through an online form that describes the nature of the issue and upload a photo or video, if necessary. Manager will be able to view and manage these requests on the Website. Manager may choose to send the request to a preferred contractor or select a contractor from a list of available contractors based on the type of maintenance issue and the location of the unit. Manager will be able to associate a cost to the project and upload an image of a receipt for the repair on the Website. BuildBlock does not warrant the accuracy, completeness or usefulness of any of the information provided on the maintenance request or the accuracy or fitness of any information provided from third-parties about potential contractors. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
3.6 Property Management Reports.
BuildBlock provides reports for Manager based on data from the Website. The Report is a balance sheet of properties that Manager owns or manages, and includes the following: unit address, typical monthly rent, and whether the unit is vacant or occupied. BuildBlock also uses data from any rent collected via ACH and any maintenance requests submitted to prepare a Cash Flow report for Manager, capturing the actual revenue and expenses for a unit, building, or portfolio of properties. Manager may upload performance data to the system (such as rent collection and maintenance expenses) to complete any missing information.
Reports are made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
3.7 Content Management Services for Existing Leases.
For Managers with rental units under existing leases, Manager may upload the existing lease to the Website and invite pre-existing tenants to join the Website to participate in some or all of the Services. Even if Manager's pre-existing tenants opt out of the some or all of the Services, Manager may upload the existing lease to the Website and manually input performance data on those units in order to (1) receive Rent Roll and Cash Flow reports, (2) receive reminders on upcoming events and deadlines, and (3) receive tips on landlord/tenant ordinance compliance.
3.8 Service Availability.
We reserve the right to withdraw or amend this Website, and any Service, function or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
4. Registration Obligation and Account Security
4.1 User Registration.
4.2 Validation of Identity.
Users authorize Avail, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying your information against third party databases or through other sources. Nothing herein shall be construed to require BuildBlock to verify the identity of any User on the Website nor will BuildBlock have any liability for failure to verify any User's identity.
4.3 Account Security.
Fees and Payments. BuildBlock reserves the right at any time to change and/or increase the fees for access to portions of the Service or the Service as a whole. All fees shall be payable through the User's account.
5. Extra Charging Fee Policy
5.1 Manager Access to Platform.
Manager will be charged a monthly subscription fee for the service plan he or she selects for use of the Services. The price paid will be clearly displayed to the Manager before he or she selects the service plan. The access fee will be due monthly on the day of the month Manager started using the Service.
5.2 Tenant Background Check.
Tenant will be charged a fee for each Background Check initiated on the Service.
5.3 Tenant ACH Transactions.
In some instances, Tenant will be charged a $2.00 convenience fee per transaction on any Tenant Payment made through ACH.
5.4 Payment Cancellation; Refund Policy.
For payments you believe were improperly made, BuildBlock may, in its sole discretion, void, rescind, or issue a credit for your Tenant Payment made through the Service at any time prior to the remittance of such Tenant Payment to your Manager. If a payment dispute arises after payment is forwarded to your Manager, the responsibility to settle the dispute rests with you and the Manager.
5.5 Unauthorized Transactions.
BuildBlock is not responsible for loss incurred as a result of non-sufficient funds, returned checks, chargebacks, claims, reversals, WSUPP retrieval fee, recall fees, excessive returns fees, early funding fees, account maintenance fees, or any unforeseeable unsuccessful transaction or fees associated with those transactions. When appropriate, non-sufficient funds fees and returned checks fees will be passed on to Tenants.
BuildBlock reserves the right to seek reimbursement from Manager, and Manager will reimburse BuildBlock, if BuildBlock discovers a fraudulent transaction, erroneous or duplicate transaction, or if BuildBlock receives a chargeback or reversal from any Tenant credit card company or bank for any reason. You agree to and acknowledge our right to investigate any and all transactions for fraud. Further, you agree to cooperate with any reasonable requests made by BuildBlock in an effort to investigate fraud. Manager agrees that BuildBlock has the right to obtain such reimbursement by charging Manager's account, deducting amounts from future transfers, charging Manager's credit card or any bank account associated with your account, or obtaining reimbursement from Manager by any other lawful means, including using a third party collection agency. Failure to pay for reimbursements of a charge back or a reversal of payment is cause for termination of Manager's account.
BUILDBLOCK IS NOT A COLLECTION COMPANY AND IN NO WAY GUARANTEES PAYMENT BY TENANT NOR DOES IT INHERIT THE RISK ASSUMED BY ANY PARTY IN RELATION TO ANY TRANSACTION PERFORMED THROUGH THE SERVICE.
6. Service Cancellation.
Users may cancel the use of the Service at any time effective immediately by contacting us at firstname.lastname@example.org. You will remain liable for all outstanding payments and fees due at the time of cancellation. If you request, BuildBlock will delete your User account, but this request will only delete your personal account and not information that relates to you that is on another User's account (for instance, a signed lease to which you are a party).
7. Prohibited Uses.
In connection with the Services or your use of the Website, you will not:
- Breach this agreement;
- Violate any applicable federal, state, local or international law or regulation;
- Disclose or distribute another User's information to a third party, or use the information for marketing purposes unless you receive the User's express consent to do so;
- Infringe our or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
- Act in a manner that is defamatory, trade libelous, threatening or harassing;
- Provide false, inaccurate or misleading information;
- Send or receive what we reasonably believe to be potentially fraudulent funds;
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization or in any way that is likely to deceive any person;
- Provide yourself a cash advance from your credit card or participate in any actions constituting credit card fraud, check fraud, or money laundering (or help others to do so);
- Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
- Use an anonymizing proxy;
- Conduct your business or use the Services in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability to BuildBlock, other Users, third parties or you;
- Send unsolicited email to a User or use the Services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
- Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
- Use any robot, spider, other automatic device, or manual process to monitor or copy our Website without our prior written permission
- Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our Website or the Services;
- Take any action that may cause us to lose any of our services from our internet service providers, payment processors, or other suppliers;
BuildBlock will not be held liable for the violation of the above terms or any other illegal activity not foreseen at the time.
8. Reliance on Information Posted.
Users acknowledge that BuildBlock does not verify the identity or accuracy of any User or any information User supplies on the Services or Website. Any other information presented on or through the Website, including, but not limited to material presented on our blog, information in Rent Roll Reports, or information in Cash Flow Reports is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of the User information or any other information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
9. Intellectual Property Rights.
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by BuildBlock, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
You must not:
- Modify copies of any materials from the Website.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.
- If you wish to make any use of material on the Website other than that set out in this section, please address your request to: email@example.com
The BuildBlock name, the company logo and all related names, logos, product and service names, designs and slogans are trademarks of BuildBlock or its affiliates or licensors. You must not use such marks without the prior written permission of BuildBlock. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
11. Copyright Infringement.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access thereto) from the Services by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of Users who are repeat infringers
12. Privacy Statement.
If you receive information about another User through the Services, you must keep the information confidential and only use it in connection with the Services. You may not disclose or distribute a User's information to a third party or use the information for marketing purposes unless you receive the User's express consent to do so.
13. Links from the Website.
The Website contains links to other sites and resources provided by third parties, including third party service providers to conduct certain parts of the Services. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
14. Geographic Restrictions.
The owner of the Website is based in the state of Illinois in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
15. Disclaimer of Warranties.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BUILDBLOCK NOR ANY PERSON ASSOCIATED WITH BUILDBLOCK MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER BUILDBLOCK NOR ANYONE ASSOCIATED WITH BUILDBLOCK REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
BUILDBLOCK HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16. Limitation on Liability.
IN NO EVENT WILL BUILDBLOCK, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. Governing Law and Jurisdiction.
19. Waiver and Severability.
20. Entire Agreement.
21. Your Comments and Concerns.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to firstname.lastname@example.org.