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REMOTELY PRIVACY POLICY

1. Introduction

Thank you for visiting Remotely. Please read our Terms of Use and this Privacy Policy carefully, as you must agree to both in order to use our Service.

2. Definitions

Throughout this document, we may use certain words or phrases, and it is important that you understand the meaning of them. The following is a non-exhaustive list of definitions of words and phrases found in this document:

App” means our mobile device software application;

“Customer” means any owner, landlord and/or property manager of a Rental Community that has entered into a written Service Agreement with Remotely for the provision of the Remotely Service and App to the Customer and certain of the Residents of the Customerʼs Rental Communities as may be designated by the Customer from time to time;

“Remotely” refers to our company, known as “Rentbits.com, Inc.”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;

“Rental Community” means any multi-family or other housing structure(s) for which a Customer has contracted with Remotely to provide the Remotely Service and App to the Customer and certain Residents therein as may be designated by the Customer from time to time;

“Resident” means any tenant of a Rental Community who has been specifically designated by a Customer to Remotely for the provision of access and use of the Remotely Service and App;

“Service” refers to the services that we provide through our Site, including our App, our home automation services provided through that App, and our Site itself;

"Site" refers to our website, www.REMOTELY.com;

“User” refers to users of our App and/or Service, such as Customers and designated Residents, and, without limiting the generality of the foregoing, includes general visitors to our Site;

“You” refers to you, the person who is governed by this Privacy Policy.

3. Information Collected

Identifying Information

We collect certain personal information from you when you sign up to our Service that can be used to identify you, such as your name, e-mail address, mailing address, date of birth, telephone number, gender, general interests, and lifestyle information. The information we collect from you, to the extent that it is private, is disclosed only in accordance with our Terms of Use and/or this Privacy Policy.

Non-Identifying Information

Whenever you visit our Site, we may collect non-identifying information from you, such as your IP address, referring URL, browser, operating system, cookie information, and Internet Service Provider. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, this information alone cannot usually be used to identify you.

4. Use of Your Information

We may use your information to:

5. Accessing, Editing, and Removing Your Information

Users may in some cases be able to review and edit the personal information they have provided to us by logging into your account on the Site and editing their account. Although most changes may occur immediately, information may still be stored in a web browser’s cache. We take no responsibility for stored information in your cache, or in other devices that may store information, and disclaim all liability of such. In addition, we may, from time to time, retain residual information about you in our backup and/or database.

6. Cookies

We use cookies to remember your preferences. For this reason, it is necessary that you enable cookies in your browser, and you hereby acknowledge that we have informed you of our use of cookies and that you consent to our use of cookies in relation to your computer system.

7. Third Parties
7.1 Third Party Websites

REMOTELY or its Users may post links to third party websites on its Site. These third party websites are not screened for privacy or security issues by REMOTELY, and you release us from any liability for the conduct of these third party websites.

Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, does not create rights enforceable by third parties or require disclosure of any personal information relating to members of the Service or Site. REMOTELY bears no responsibility for the information collected or used by any advertiser or third party website. Please review the privacy policy and terms of service for each site you visit through third party links.

7.2 Third Account Services

Remotely permits Users to provide us with their Facebook profile information. If you wish to limit what Facebook shares with us, you must adjust your privacy settings with Facebook accordingly.

8. Third Party Access to Your Information

Although you are entering into an Agreement with Facebook to disclose your information to us, we do use third party individuals and organizations to assist us, including contractors, web hosts, and others.

Throughout the course of our provision of our Service to you, we may delegate our authority to collect, access, use, and disseminate your information. For example, our web host stores the information that you provide us, and we may hire outside contractors to perform maintenance or assist us in securing our website.

It is therefore necessary that you grant the third parties we may use in the course of our business the same rights that you afford us under this Privacy Policy. For this reason, you hereby agree that for every authorization which you grant to us in this Privacy Policy, you also grant to any third party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving our website or its underlying files or systems. You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.

9. Release of Your Information for Legal Purposes

At times it may become necessary, for tax, anti-money laundering, or other purposes, to release your information in response to a request from a government agency or a private litigant. You agree that we may disclose your information to a third party where we believe, in good faith, that it is desirable to do so for the purposes of a civil action, criminal investigation, or other legal matter. In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you, and release your information to, third parties where we believe that it is prudent to do so for legal reasons, such as our belief that you have engaged in fraudulent activities. You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants.

10. Commercial and Non-Commercial Communications

By providing information to the Site that forms the basis of communication with you, such as contact information, you waive all rights to file complaints concerning unsolicited email from REMOTELY since, by providing such information, you agree to receive communication from us and anyone else covered under this Privacy Policy. However, you may unsubscribe from certain communications by notifying REMOTELY that you no longer wish to receive solicitations or information and we will endeavor to remove you from the database.

11. Security Measures

We take certain measures to enhance the security of our Site and Service, including the use of SSL certificates. However, we make no representations as to the security or privacy of your information. It is in our interest to keep our website secure, but we recommend that you use anti-virus software, firewalls, and other precautions to protect yourself from security threats.

12. Your California Online Privacy Rights

REMOTELY permits residents of California to use its services. Therefore, it is the intent of rentbits.com, Inc. to comply with the California Business and Professions Code §§ 22575-22579. If you are a California resident you may request certain information regarding our disclosure of personal information to any third parties for their direct marketing purposes. Various provisions throughout this Privacy Policy address requirements of the Californian privacy statutes. In summary, you must presume that we collect electronic information from all visitors. You may contact us at support@rentbits.com with any questions.

13. Minors

Individuals under 18 years of age are not allowed to use our Service. If you become aware of a User who is under the required age to use all or any portion of our Service, please notify us immediately at support@rentbits.com and provide us with full details as to why you believe they are below that age and we will address the issue. If you are a User who is reported in this manner, we may require you to provide suitable proof of age, such as a copy of government identification, in order to continue using our Site and/or Service.

14. International Transfer

Your information may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, rentbits.com, Inc. transfers Personal Information to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

15. Residents

Each Resident User shall have the right to access and use of the Remotely Service and App only to the extent that such Residentʼs Rental Community residential unit has been specifically designated to Remotely by the Customer of such Remotely Service. Each Resident User hereby specifically acknowledges and agrees that the Customer owning and/or managing such Residentʼs Rental Community residential unit shall, to the extent permitted by the law, have full access and use of any and all information generated and collected in connection with such Residentʼs use of the Remotely Service and App. Furthermore, each Resident User hereby specifically acknowledges and agrees that such Resident does not have any contractual relationship with Remotely, and that any claims such Resident may have pertaining to privacy issues in connection with the Remotely Service and/or App may only be direct to and/or against the applicable Customer owning and/or managing the Residentʼs Rental Community residential unit.

16. Amendments

We may amend this Privacy Policy from time to time. When we amend this Privacy Policy, we will update this page accordingly. You must read this page each time you access our Service and your continued use of our Service shall constitute your acceptance of any such amendments.

Last Modified: May 23, 2014

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REMOTELY TERMS OF USE

1. Introduction

Thank you for visiting Remotely. Please read these Terms of Use and our Privacy Policy carefully, as you must agree to both in order to use our Service.

2. Corporate Information

Remotely is owned and operated by Rentbits.com, Inc., a corporation lawfully-formed and doing business in the State of Colorado. Our corporation is registered with the Secretary of State for the State of Colorado with the Identification Number 20051263958. Unless otherwise permitted or required by these Terms of Use, our Privacy Policy, or any provision of law, any legal documents to be served or general queries should be addressed to our registered agent as listed with the Secretary of State. For more information, please visit www.sos.state.co.us.

3. Definitions

Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:

"Agreement" means these Terms of Use;

“App” means our mobile device software application;

“Customer” means any owner, landlord and/or property manager of a Rental Community that has entered into a written Service Agreement with Remotely for the provision of the Remotely Service and App to the Customer and certain of the Residents of the Customerʼs Rental Communities as may be designated by the Customer from time to time;

“Remotely” refers to our company, known as “Rentbits.com, Inc.”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;

“Rental Community” means any multi-family or other housing structure(s) for which a Customer has contracted with Remotely to provide the Remotely Service and App to the Customer and certain Residents therein as may be designated by the Customer from time to time;

“Resident” means any tenant of a Rental Community who has been specifically designated by a Customer to Remotely for the provision of access and use of the Remotely Service and App;

“Service” refers to the services that we provide through our Site, including our App, our home automation services provided through that App, and our Site itself;

"Site" refers to our website, www.REMOTELY.com;

“User” refers to users of our App and/or Service, such as Customers and designated Residents, and, without limiting the generality of the foregoing, includes general visitors to our Site;

"You" refers to you, the person who is entering into this Agreement with Remotely.

4. What REMOTELY Offers?

Remotely is a home automation app which Customers and designated Residents can use to control their locks, lights, thermostat, and other home features from their mobile devices. In addition, Residents have the option of paying their rent from the App.

5. Eligibility

In order to use our Service, you must meet a number of conditions, including but not limited to:

6. Rules of Use

You must not:

7. Payment

All payments are processed using the third party service, PayLease (www.paylease.com). Remotely accepts ACH and credit card payments. We collect the relevant information and pass it to PayLease; we do not store the payment information in our servers. PayLease gives us a token which we use to access payment histories if needed, but at no point can we recover the actual account information.

8. Chargebacks

Users must not conduct any chargebacks or other disputes which result in a loss for Remotely. Chargebacks which would not result in any loss for Remotely, may be done, but only where such actions are not unlawful (unsubstantiated chargebacks, for example, would be fraudulent and constitute a crime in most if not all jurisdictions).

Any payments for other services which are made directly to Remotely or through a third party for the benefit of Remotely, from which a dispute arises, shall be resolved solely according to our “Forum of Dispute” provisions and no others.

9. Our Copyright

Our copyrighted material helps to distinguish us from our competitors. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site or in our App without receiving our prior written permission.

10. Text Messages

Remotely can be used to alert Residents and/or Customers if something happens inside of a Rental Community residential unit. For example, if the moisture detector detects moisture in the unit, a text message can be sent to both the Resident and Customer. Text messages may incur fees from your mobile carrier and you agree that Remotely is not responsible for any such fees.

11. Data Charges

Your mobile carrier may charge you for data used by the Remotely App. You agree that Remotely is not responsible for such fees. Remotely advises you to ensure that you are aware of all applicable third party fees when using our Service.

12. Your Copyright

Remotely must be assured that it has the right to use the content that is posted to its Site by its Users. Such content may include, but is not limited to, photographs, videos, text, audio, and other materials. Whenever submitting content to our Site, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.

13. Trademarks

“Remotely” is a trademark used by us, Rentbits.com, Inc., to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing business.

14. Revocation of Consent

We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.

15. Representations & Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.

YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.

WE ARE NOT RESPONSIBLE FOR ANY FAILURE OF A BUYER OF GOODS OR SERVICES TO MAKE THE APPROPRIATE PAYMENT TO YOU IF YOU ARE A SELLER OF THOSE GOODS OR SERVICES, OR OF A SELLER TO RENDER THE REQUIRED GOODS OR SERVICES TO YOU IF YOU ARE A BUYER. THIS INCLUDES BOTH RENTAL PAYMENTS, AS WELL AS GENERAL GOODS OR SERVICES WHICH MAY BE SOLD FROM ONE USER TO ANOTHER THROUGH A COMMUNITY PORTAL ADVERTISING SECTION.

WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING PAYPAL OR THE CREDIT CARD COMPANY OR BANK THAT YOU USE TO FUND PAYPAL, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.

WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.

THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS "REPRESENTATIONS & WARRANTIES" SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

16. Indemnity

You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Site or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneysʼ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

17. Choice of Law

This Agreement shall be governed by the laws in force in the State of Colorado. The offer and acceptance of this contract are deemed to have occurred in the State of Colorado.

18. Forum of Dispute

Any controversies or claims arising from or relating to this Agreement, or the breach or validity thereof, which cannot be settled amicably between the parties, will be referred to and finally settled by arbitration. The place of the arbitration shall be Denver, Colorado. The arbitration shall be conducted by the Judicial Arbiter Group by a single arbitrator. Judgment on the award may be entered in any court having jurisdiction. The arbitrator shall, in the award, allocate all of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneysʼ fees of the prevailing party, against the party who does not prevail.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneysʼ fees, court costs, and disbursements in doing so.

You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful partyʼs reasonable attorneysʼ fees, arbitration costs, and disbursements.

19. Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

20. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement are deemed to conflict with each otherʼs operation, Remotely shall have the sole right to elect which provision remains in force.

21. Non-Waiver

Remotely reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

22. Termination & Cancellation

We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.

Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.

23. Assignment of Rights

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

24. Residents

Each Resident User shall have the right to access and use of the Remotely Service and App only to the extent that such Residentʼs Rental Community residential unit has been specifically designated to Remotely by the Customer of such Remotely Service. So long as such designated Resident abides by the provisions of this Terms of Use Agreement, then Remotely shall allow such Resident access to and use of the Remotely Services and App. Each Resident User hereby specifically acknowledges and agrees that such Resident does not have any other contractual relationship with Remotely, and that any claims such Resident may have pertaining to such Residentʼs access to and use of the Remotely Service and/or App may only be directed to and/or against the applicable Customer owning and/or managing the Residentʼs Rental Community residential unit.

25. Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will update this page accordingly. You must read this page each time you access our Service and your continued use of our Service shall constitute your acceptance of any such amendments.

26. California Users and Residents

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Remotely must be addressed to our agent for notice and sent via certified mail to: Rentbits.com, Inc. 1062 Delaware St., Denver, Colorado, 80204, United States.

Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Last Modified: May 23, 2014

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