THE SECRET BY ROHNDA BYRNE

 7. Payments

7.1 If payment is made by ACH, including eCheck, you understand that if such payment is returned from the bank for any reason, you may be charged additional returned item fees (i.e., non-sufficient funds or “NSF”) by us or your Property Client, which will be added to the original amount and auto-debited from your bank account at least ten days after the initial payment fails. In the event that subsequent fee collection auto-debits also fail, you may continue to incur fees related to such attempts. You assume all responsibility for all such fees. Returned item fees vary; please contact your Property Client for the amount. Additional fees may also be assessed by your bank and/or Property Client. Your copy of the application will serve as a receipt for the application fee collected.

Oregon Residents Only:  Entrata is acting as Payment Processor’s authorized delegate with respect to your ACH payments.

7.2 Convenience fees are charged by us or a third-party payment provider, and not by your Property Client. Convenience fees are not surcharges and are non-refundable. We are a third-party vendor, who is not the seller, lessor, or management company. Such convenience fees are not being charged based on any method of payment. Any payment methods initiated through the online platform may be charged a convenience fee including credit card, debit card, electronic checks, Cash App, and cash payments. These fees are being charged by us or a third-party payment provider for providing the convenience of an online payment channel. You agree that convenience fees may also apply to amounts refunded directly to your payment card, such as security deposit refunds.

7.3 If you are applying for a lease, no guarantees are made to you that a property rental is or will be made available. You understand that you will acquire no rights in or to a property rental until you accept and sign a rental agreement and pay all applicable application fees and security deposits.

7.4 You authorize the Property Client to obtain such credit reports, criminal histories, character reports, verification of rental and employment history as it deems necessary to verify all information in your application. You further understand that false, fraudulent, misleading or incomplete information may be grounds for denial of tenancy or subsequent eviction. There are no warranties offered by us or the Property Client, whether express or implied.

7.5 You hereby authorize Entrata or Payment Processor (if applicable), on behalf of the Property Client, to initiate transaction entries, including any convenience fees noted herein, to your payment account number (including checking and savings accounts) and/or charges to your credit card. This billing will occur at the time of payment of each transaction.

7.6 You hereby acknowledge that we, any third-party payment provider, and/or the Property Client may apply a convenience fee with each transaction initiated through the Payment Gateway. We or any third-party payment provider may amend this convenience fee at any time with or without notice. All convenience fees will be displayed on the payment screen prior to finalizing your transaction.

7.7 We and your Property Client make every effort to comply with all payment processing rules and regulations. If you believe you have been charged a convenience fee in error, please contact the Property Client to whom your payment is submitted.

7.8 We advise you that your credit card, bank account, or other payment account billing statement will show a charge item that displays the name of the merchant account of the payee. If you are unsure of that name, you agree to contact payee before processing this transaction so as to be sure to recognize the transaction when it appears on your monthly statement.

7.9 We reserve the right to cancel your transaction processing account at any time for any reason. Your payee may also decline/refuse any and all payments at any time and for any reason at which time we will return the payment amount entered into the Payment Gateway, minus convenience fees paid, in an appropriate and reasonable time frame.

7.10 We reserve the right to refuse processing service to you at any time for any reason. You also maintain the ability to discontinue use of the Payment Gateway at any time for any reason. Active recurring payments must be deleted before use of service is discontinued. It is your responsibility to terminate any and all recurring payments on your account before relocating or moving - otherwise charges will continue to be assessed to your billing account during the period designated for recurring payments to take place. You agree to defend, indemnify and hold harmless Entrata, Payment Processor, Property Client, their affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns for any recurring payments that are charged because you failed to cancel your recurring payment. You can cancel your service by contacting your Property Client. We, in our sole discretion, may cancel this service without notice.

7.11 If you believe a transaction was made improperly, we in our sole discretion may void, issue a credit, or rescind any transaction made through the Payment Gateway prior to remittance of such payment to your payee. Payment disputes arising after payment has been settled to your payee are between you and payee alone. We may act as an intermediary if such actions can reasonably and efficiently handle said problem.

7.12 Both you and payee mutually reserve the right to cancel, reverse, or halt any and all checking or savings account, other payment account, or credit card transactions that have been cleared through the Payment Gateway.

7.13 Entrata and Payment Processor will comply with all applicable Payment Card Industry Data Security Standards (PCI-DSS). For purposes of PCI-DSS compliance, we are responsible for all cardholder data it possesses, stores, processes, or transmits on your behalf. Such cardholder data includes account numbers, card expiration dates, and CVV2 data. Unless otherwise noted, all personally identifiable information is used solely for the normal business purpose of offering and rendering services.

7.14 Entrata and Payment Processor act as the Property Client’s authorized agent in collecting payment owed by you to the Property Client.  Payment by you to Entrata or Payment Processor shall be considered payment to the Property Client, extinguishing your payment obligation to the Property Client (in the amount paid by you) as if you had paid the Property Client directly.

7.15 By signing up for recurring payments, you authorize us to charge the designated payment method on the selected date, and re-attempt payment for five business days thereafter if prior attempts are unsuccessful. Additionally, you consent to our storage of your card or bank information to facilitate future recurring payments.

7.16 You may not use the Payment Gateway for any illegal purpose or in any manner inconsistent with the terms and conditions set forth in these Terms. You agree that our Services shall only be used for lawful purposes. Any transaction or transmission which violates federal, state, or local laws is expressly prohibited.

7.17 When you provide a check as payment, you authorize us to use information from your check to make a one-time electronic fund transfer from your account.  In certain circumstances, such as for technical or processing reasons, we may process your payment as a check transaction.  When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution.

8. Third Party Products; Affiliate Products; Rental Agreements

Third Party Products. The Services may contain links, advertisements, or integrations to other websites, services, and products provided by third parties (“Third Party Products”). Such Third Party Products are provided for your convenience only. We have no control over Third Party Products and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use, access, or purchase of any Third Party Product is entirely at your own risk, and subject to separate terms of use and/or other agreements between you and the provider of such Third Party Product (a “Third Party Service Provider”). You are solely responsible for your decision to permit any Third Party Service Provider to use or