VanguardGurus.com

Terms of Use

By using the Coldwell Banker Vanguard Realty, Rental Gurus (Gurus) website and ACH service (Service) you are agreeing to be bound by the following terms and conditions (Terms of Use).

APPLICANTS, TENANTS AND OWNERS

1. The Service enables Vanguard Realty Inc., dba Coldwell Banker Vanguard Realty (CBV), to set up online rental applications for their properties, for potential tenants to submit rental applications, and for tenants to make online rent payments. The Service also provides access to owners who are using CBV to manage their rental properties to review credits and debits to their accounts, review maintenance and inspection procedures and to receive monies and remit monies into their account with CBV.

2. In order to use the payment functionality of CBV's application, you must open a "Dwolla Platform" account provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in the Dwolla account are held by Dwolla's financial institution partners as set out in the Dwolla Terms of Service. You authorize CBV to collect and share with Dwolla your personal information including full name, email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through CBV's/Gurus application, and Dwolla account notifications will be sent by CBV/Gurus, not Dwolla. CBV/Gurus will provide customer support for your Dwolla account activity, and can be reached at www.vanguardgurus.com, propertymanagement@cbvfl.com, and/or 904-269-7117.

3. Paying your rent with Gurus, from your checking account (via the ACH network), incurs a $3.00 processing fee for tenants, payments by credit/debit card involve a processing fee of 2.75%. As appropriate, either of these fees will be added to the amount of your payment. There is not a processing fee for owners. If Gurus or CBV change our fees or introduce new fees, you will be notified by email and via the site.

4. If any payment you initiate using the Service does not successfully transact, the payee reserves the right to seek payment from you through or outside the Service.

5. Any authorization you provide to make repeating automatic payments using the Service will remain in effect until cancelled.

6. Neither Gurus or CBV will receive any of your banking or on-line payment information. All banking information is inputted by you and received directly by the secure site. The secure site may only disclose your personal information when necessary to comply with the law.

7. You are responsible for keeping your banking and email address up to date, so we can send written notices to you. You are responsible for the accuracy of everything that you submit to the Service, Gurus, or CBV.

8. Funds you transfer to CBV are placed in one of two escrow accounts. Monthly rental and other payments are placed in CBV's "Escrow I" account and disbursed monthly to the appropriate party through that account. Security Deposits are placed in CBV's "Escrow II" account and are disbursed at the termination of the rental periods as per the Lease Agreement or as directed by the courts or the Florida Real Estate Commission. Funds placed in the Escrow II account earn interest that is retained by CBV.

9. Credit-report and background check-reports (Reports), required by our Application, are provided by our third-party credit reporting agencies and may not be available for all users or at all times for various reasons, including reasons beyond our control or about which we may not have specific information. Reports are required with all Lease Applications. The fee for the Report is payable by check or by credit card. Fees received are not refundable to prospective tenants. Paying the fee and receiving a favorable Report does not guarantee the acceptance of your application for the property you have applied for and is not grounds for a return of the fee. However, if this occurs, you may use the Report to lease another property managed by CBV for up to thirty days from the date of the Report. Furthermore, CBV and Gurus do not create the Report and are not responsible for the content of the Report.

10. You must be 18 years of age, or older, to use the Service.

11. We reserve the right to modify or terminate the Service for any reason, without notice, at any time.

12. We reserve the right to alter the Terms of Use at any time. We'll notify you on the site or via email of important changes. Your continued use of the Service following a change to the Terms of Use constitutes acceptance of the change.

13. If CBV changes our pricing, we will give you at least 30 days' notice, via the site or email.

14. Conversely, information you post or otherwise furnish to us, excluding information obtained by the Service, but including personal information, may remain on our servers indefinitely (for example, as backups) after you delete it from public areas of the Services or request cancellation of your account.

15. The Service is provided "as-is" without promises of any kind. Neither Gurus, or CBV warrant or guarantee uptime or availability of the service or that we will continue to provide the service or any aspect of the service in the future. To the maximum extent permitted by law, we disclaim all warranties for the Service.

To the maximum extent permitted by law, we will not be liable responsible for lost data, financial losses, or indirect, special, consequential, exemplary, or punitive damages. To the maximum extent permitted by law, the total liability of Gurus and CBV for any claim relating to the services or these terms of use, including any claim for any implied warranty, is limited to the amount you paid to us to use the services.

VENDORS

You expressly authorize CBV'S service provider, Dwolla, Inc. to originate credit transfers to your financial institution account. You authorize CBV to collect and share with Dwolla your personal information including full name, date of birth, social security number, physical address, email address and financial information, and you are responsible for the accuracy and completeness of that data. Dwolla's Privacy Policy is available here.

To send us any legal notice, please do so via USPS or other expedited mail delivery service to:

Coldwell Banker Vanguard Realty
1401 Kingsley Ave.
Orange Park, FL 32073.
Attention: Rental Gurus

November 20, 2020