Terms of Service

The website ("Site") on which this Terms of Use ("Terms") appears is owned and operated by MagicDoor ("we," "our," or "us"). For purposes of these Terms, "you" or "your" means the person accessing the Site as a property owner or manager and any persons that allow others to provide information about themselves to us. The Site may provide information, documents, tools, products, services, accounts, offers, suggestions on the best way to use our products, and/or information on where to purchase our products (collectively, "Services").

THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND US. PLEASE READ CAREFULLY THROUGH ALL SECTIONS OF THESE TERMS. YOUR ACCESS TO AND USE OF THE SITE IS SUBJECT TO THESE TERMS AND ALL APPLICABLE LAWS AND WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS TO THE SITE IF YOU VIOLATE THESE TERMS.

THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND US. PLEASE READ CAREFULLY THROUGH ALL SECTIONS OF THESE TERMS. YOUR ACCESS TO AND USE OF THE SITE IS SUBJECT TO THESE TERMS AND ALL APPLICABLE LAWS AND WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS TO THE SITE IF YOU VIOLATE THESE TERMS.

BY CLICKING ON LINKS WITHIN THE SITE OR WEBPAGES BEYOND THE SITE'S HOMEPAGE OR BY CLICKING ON A BOX OR ICON YOU AGREE TO THESE TERMS WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH US AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION ON THE SITE OR THROUGH OTHER CHANNELS, SUCH AS BY TELEPHONE, EMAIL, FACSIMILE OR OTHERWISE. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE, OR ANY INFORMATION CONTAINED ON THIS SITE.

MANDATORY ARBITRATION NOTICE AND CLASS ACTION AND JURY TRIAL WAIVER. These Terms contain a mandatory (binding) arbitration provision and class action and jury trial waiver clauses. Except for certain types of disputes described in the arbitration section below or where prohibited by applicable law, you agree that disputes between you and us regarding your use of the Site or Services will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration, including as a class representative.

Besides these Terms, we also publish a Privacy Policy available here. Although it is not part of these Terms, we encourage you to read it to better understand how you can update, manage, access, and delete your information.

We reserve the right to withdraw or amend this Site, and any Services or Materials we provide on the Site, in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Site.
• Ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.

To access the Site or certain of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete, and that you have the authority to provide such information to us.

The Site and Services act as a platform to allow you to manage your properties (each a "Property") with your property tenants (each a "Property Tenant"). MagicDoor does not own or manage any Property listed on the Site, does not enter into a lease or other transaction with you and any Property Tenant, is not a party to a rental agreement or other transaction between you and any Property Tenant, and provides no insurance relating to any transaction.

The Services allow you to list Properties, accept rental applications from Property Tenants, receive certain consumer credit and public record data from TransUnion, LLC ("TransUnion"), offer and enter into leases with Property Tenants, and receive ongoing rental payments from Property Tenants through the Payment Portal.

MagicDoor does not act as a broker, property manager, payment processor, money transmitter, payment manager, debt collector, or credit reporting agency, and does not guarantee any results from using the Service.

As part of our Services, we offer Property Tenants the ability to obtain a background or credit check ("Consumer Report") from a third-party service provider when they submit a rental application for your Property ("Tenant Screening Services").

If you are using the Tenant Screening Services, you agree to use the Consumer Reports in compliance with all applicable laws and regulations (including, without limitation, the Fair Housing Act and the Fair Credit Reporting Act).

You certify that you will:

• Obtain all necessary permission(s) from potential tenants before obtaining his/her Consumer Report;
• Comply with any and all applicable legal requirements;
• Not discriminate against any Property Tenant applicant or otherwise misuse the information contained in any Consumer Report, as provided by any applicable federal or state equal opportunity laws or regulations.

We may charge fees for certain Services. Any applicable fees will be disclosed to you before you incur them. All fees are non-refundable unless otherwise stated.

You are responsible for paying all fees associated with your use of the Services. We reserve the right to change our fees at any time, with advance notice to you.

Payment processing services for Property Tenants on MagicDoor are provided by third-party payment processors. By using these services, you agree to be bound by the applicable payment processor's terms of service.

The Site may provide various tools to help you manage your Properties and interact with Property Tenants. These tools are provided "as is" and we make no warranties about their accuracy, completeness, or reliability.

You are solely responsible for how you use these tools and any decisions you make based on information provided through them.

The Site 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 us, our 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.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site.

Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary.

Anything you transmit or post may be used by us for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting.

By using the Site, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Site.

You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

• In any way that violates any applicable federal, state, local, or international law or regulation;
• To impersonate or attempt to impersonate us, our employees, another user, or any other person or entity;
• To engage in any other conduct that restricts or inhibits anyone\'s use or enjoyment of the Site;
• In any manner that could disable, overburden, damage, or impair the Site.

The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit content or materials to other users or other persons.

Any User Contributions you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations.

User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
• Violate the legal rights of others or contain any material that could give rise to any civil or criminal liability under applicable laws.

We have the right to remove or refuse to post any User Contributions for any or no reason in our sole discretion. We have the right to take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion.

We have the right to terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms.

The information presented on or through the Site is 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 Site, or by anyone who may be informed of any of its contents.

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only.

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.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

The Site is controlled and operated from the United States. We make no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS RELATING TO OUR SITE AND THE USE OF THIS SITE.

NOTHING IN THIS DISCLAIMER WILL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, NOR OUR LIABILITY FOR FRAUDULENT MISREPRESENTATION OR MISREPRESENTATION AS TO A FUNDAMENTAL MATTER, NOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN NO EVENT WILL WE, OUR 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 SITE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You agree to defend, indemnify, and hold harmless us, our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your violation of these Terms or your use of the Site.

You hereby release and forever discharge us and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature.

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 this Site infringe your copyright, you may request removal of those materials by contacting us at contact@magicdoor.com.

You acknowledge that a breach of these Terms will cause irreparable injury to us for which monetary damages would not be an adequate remedy and we shall be entitled to equitable relief including injunction and specific performance of these Terms.

Except for certain types of disputes described below, you and we agree that disputes between us regarding your use of the Site or Services will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.

This arbitration agreement is governed by the Federal Arbitration Act and applies to all disputes between us. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules.

If twenty-five (25) or more similar Claims are asserted against us by the same or coordinated counsel or are otherwise coordinated ("Mass Arbitration"), additional procedures shall apply as described in the full terms.

You may reject this arbitration provision within thirty (30) days of accepting the Terms by emailing us at contact@magicdoor.com and including in the subject line "Rejection of Arbitration Provision."

These Terms constitute the entire agreement between you and us and supersede all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and us with respect to the Site.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflicts of law rules, and the United States of America.

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, in any way without our prior written consent. We may freely assign our obligations and rights under these Terms.