As used herein, “Mwendo”, “Mwendo.com”, and “Mwendo, LLC” all refer to Mwendo, LLC, a limited liability company duly formed and operating under the laws of the Commonwealth of Virginia, its partners, affiliates, parents, subsidiaries, joint ventures, and, as applicable, owners, managers, members, shareholders, directors, governors, representatives, employees, agents, and servants.

Mwendo, LLC is licensed as a Real Estate Broker in certain states so as to comply with state regulations. Mwendo, LLC does not render legal, brokerage, or other professional advice or services to buyer, seller, renter or lessor customers. When a buyer or renter uses Mwendo, LLC 's service, Mwendo, LLC may pay that buyer or renter a bonus or some other valuable consideration.

Mwendo, LLC offers services to you, the "User", conditioned on your agreement to adhere to the following Terms of Service without modification of any kind. Your registration with Mwendo and/or use of Mwendo’s services constitutes your agreement to all of these Terms of Service. These Terms of Service are subject to change at any time, without prior notice. You are responsible for reviewing these Terms of Service on a regular basis.

Mwendo.com allows Users to locate and evaluate property listings and proposals from independent third party lessors, for-sale-by-owners, and real estate professionals. Users agree to supply Mwendo with information about themselves and the property they want to sell, lease, rent, or sublet or hope to buy, rent, lease, or sublet. Mwendo, LLC will use this information within Mwendo.com and will provide certain details on an anonymous or non-anonymous basis depending on the Mwendo service to third parties. Users may also agree to have the information he/she has supplied to Mwendo forwarded to real estate or other third-party professionals. Mwendo uses email on an almost exclusive basis to provide its services, all Mwendo users must consent to receive email from Mwendo to register for Mwendo its services. Mwendo users will also be required to consent to receive emails from third party(ies) if the Mwendo service requested requires services from a third party(ies)(for example, a local real estate agent).

You agree that all of the information you have provided to Mwendo, whether online or otherwise, is accurate and complete. Mwendo reserves its right to terminate or suspend access to any user information that is alleged to be inaccurate or misleading. If required by the terms of the Mwendo service requested by User, you authorize Mwendo to forward your information to its network of real estate professionals according to the terms of the Mwendo service that you use.  User agrees to update all relevant information from time to time as appropriate.

Mwendo may refer lessors, for-sale-by-owners, and real estate professionals to Users, but Mwendo does not engage in real estate broker services. Real Estate brokerage activities are performed by local Real Estate Professionals that have been referred to you by Mwendo. The terms of any agreement between a real estate professional and any user are not endorsed, recommended or otherwise known to or by Mwendo.

For its services Mwendo may receive payment including but not limited to a referral, service, advertising, or listing fee that may or may not be a percentage of the commission received by the real estate professionals involved in the real estate transaction or a percentage of the property value of the item of interest. Mwendo's payment is due based on an agreement between Mwendo and the real estate professional involved. Your registration with Mwendo and use of Mwendo services constitutes your acknowledgment of, and agreement to, this compensation arrangement.

Mwendo may from time to time offer eligible Users promotional opportunities or incentives to use of Mwendo's services within a particular time frame. These opportunities may include but are not limited to discounts, rebates, gift certificates, points or other incentives. User eligibly for a particular promotion will be defined in the terms of each promotion. Not all Users may be eligible to receive all promotional opportunities.

Modification of Mwendo.com Services

Mwendo reserves the right at any time to modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice to any User. Your continued use of the website or any service after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Mwendo shall not be liable to any User or any third party should Mwendo exercise its right to modify or discontinue service.

1. Find Your New Home, Rental, or Sublet Using Mwendo.com.

Residence Required. You must sign a new lease, sublet, or purchase agreement, move into the property, and reside there for more than 30 days. Your name must appear on the lease, sublet, or purchase agreement.

Property on Mwendo.com. To qualify to receive a Reward, the property must be listed on Mwendo.com and you must find the property on Mwendo.com. Please refer below to see the additional details. Renters and buyers will not qualify to receive a Reward if they find their new home using other online or offline resources or are otherwise associated with the property, such as:

• Renters and buyers who have previously lived in the property listed on the lease, sublet, or purchase report form.
• Renters and buyers who have previously lived in a property that is owned or managed by the same company as the property listed on the lease report form.
• Renters and buyers who are current or former employees of the owners of the property listed on the lease report form.
• Renters and buyers who find the property using other websites.

Confirmation by Mwendo.com. Mwendo.com must be able to confirm your use of our website. When you sign in to your account, we keep track of which listings you've seen. When you submit a lease, sublet, or purchase report form, we look at your account to make sure that you viewed the listing for the property where you've signed a lease or purchase agreement before you signed that agreement. If you have more than one account, you must be able to provide Mwendo.com with the account you used to view the listing of your new home. We must be able to confirm your lease and occupancy with your new landlord, owner, or real estate professional.

2. Tell the Landlord, Owner, Leasing Office, or Real Estate Professional You Found the Property on "Mwendo.com." When visiting a property, have the leasing office note that you found the property on "Mwendo.com." The leasing agent, landlord, owner, or real estate professional may ask for your name, contact information, and Claim Code—this is the perfect time to mention that you found the property on Mwendo.com and to provide your Claim Code. In addition, you should note "Mwendo.com" as your source wherever possible: on the lease application and any other paper or electronic documentation. This helps us verify your use of Mwendo.com to find the property.
   


3. Report Your Lease, Sublet, or Purchase by Completing Mwendo.com's Report Form to Claim Your Reward.

Signed a New Lease or Purchase Agreement. You must have signed a new lease, sublet, or purchase agreement (i.e., HUD-1 form) for a property you found on Mwendo.com. If you (or anyone leasing with you) has signed a previous lease or purchase agreement, has a previous relationship with the property, or is merely renewing an existing lease, you may not qualify to receive a Reward. Only one Reward will be granted per lease or purchase transaction. If different cosigners of the same lease or purchase agreement submit separate lease or purchase report forms, one Reward will be granted for the first form received and verified.

Submission Deadline. You must submit your lease, sublet, or purchase report form within 30 days after moving to the property. However, if the property has been terminated from Mwendo.com, you must submit your lease, sublet, or purchase report form within 30 days after property termination. You can also submit your lease, sublet, or purchase report form prior to move-in.

Reward Monies. Users, including but not limited to real estate professionals, property management companies, for-sale-by-owners, and lessors, shall honor all Reward commitments regardless of subsequent pricing or other contract adjustments.  Processing the lease or purchase report form usually takes 8-10 weeks from your move-in date or the day you report your lease, sublease, or purchase, whichever is later.

Equal Housing Opportunity

All users, including property owners, managers, landlords, lessors, and real estate professionals, their agents, servants, and employees, and representatives, are subject to the federal Fair Housing Act, which prohibits "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make such preference, limitation or discrimination."

Mwendo.com supports Equal Housing Opportunity and we encourage users of our site to follow appropriate guidelines to comply with both the Federal Housing Act, as well as any applicable state and local regulations. All renters are hereby informed that all property rental offers are available on an equal opportunity basis.

Property Owner's & Manager's Responsibilities

All users, including property owners, managers, landlords, lessors, and real estate professionals, have a responsibility and a requirement under the law not to discriminate in the rental or sale of property on the basis of race, color, religion, sex, handicap, familial status, or national origin. Moreover, users cannot establish discriminatory terms or conditions in the purchase or rental of housing, deny that housing is available, or advertise that the property is available only to persons of a certain race, color, religion, sex, handicap, familial status, or national original.

Price and other property listing modifications or changes may not be immediately reflected from data imported from multiple listing services (MLS).  Users may edit or enter any changes or modifications on the Mwendo.com site to provide a more expeditious reflection of such changes.

Homebuyer and Renter's Rights

As someone seeking to rent or purchase an apartment, home or condo, you have the right to expect that housing will be available to you without discrimination or other limitations based on race, color, religion, sex, handicap, familial status, or national origin. This includes the right to expect equal professional service, the opportunity to consider a broad range of housing choices, no discriminatory limitations on communities or locations of housing, no discrimination in the pricing or financing of housing, reasonable accommodations in rules, practices and procedures for persons with disabilities, and the right to be free from harassment or intimidation for exercising your fair housing rights.

The Law

Mwendo, LLC, its representatives, agents, servants, and employees are not lawyers and do not purport to give legal advice.  Should you have any questions or concerns regarding the law or its applicability, you should contact your own attorney.

Civil Rights Act of 1866

The Civil Rights Act of 1866 prohibits all racial discrimination in the sale or rental of property.

The Fair Housing Act

The Fair Housing Act declares a national policy of fair housing throughout the United States, making illegal any discrimination in the sale, lease or rental of housing, or making housing otherwise unavailable, because of race, color, religion, sex, handicap, familial status, or national origin.

Americans with Disabilities Act

Title III of the Americans with Disabilities Act prohibits discrimination against persons with disabilities in places of public accommodations and commercial facilities.

The Equal Credit Opportunity Act

The Equal Credit Opportunity Act makes discrimination unlawful with respect to any aspect of a credit application on the basis of race, color, religion, national origin, sex, marital status, age or because all or part of the applicant's income derives from any public assistance program.

State and Local Laws

State and local laws may provide broader coverage and prohibit discrimination based on additional classes not covered by federal law.

IF YOU SUSPECT DISCRIMINATION

Call the U.S. Department of Housing and Urban Development (HUD) at (800) 669-9777 and for the hearing impaired, please call TTY (800) 927-9275.

Or, you can contact HUD on the Internet at http://www.hud.gov/offices/fheo/index.cfm.

Sublet/Sublease Considerations
Mwendo does not serve as a landlord. Each individual tenant lease or rental agreement is to be defined in a document of the tenancy established between landlord and tenant, containing all pertinent or required terms and conditions.  Mwendo is not and shall not be a party or beneficiary of such tenancy documents.

USER AGREEMENT

1. Terms of Service/Use Between User and Mwendo.com Generally. This is a legal agreement ("Agreement") between Mwendo.com and you, a Renter or Buyer using the Mwendo.com service, (“User”). By accessing this Web site, you agree to be bound by this Agreement, Mwendo.com's Terms of Service/Terms of Use, and by all applicable laws. Mwendo.com is a technology platform owned and operated by Mwendo, LLC. The rental and sale advertisements and related services posted on Mwendo.com are procured and provided by Mwendo, LLC and/or its subsidiaries and affiliates. All references to "Mwendo.com", "Mwendo", "we", or "us" include Mwendo, LLC, its subsidiaries and affiliates.

2. Mwendo.com's Services to You. Mwendo.com provides a medium through which lessors, for-sale-by-owners, and real estate professionals place information about their properties before Renters or Buyers, so that lessors, for-sale-by-owners, and real estate professionals may advertise to Renters or Buyers and Renters or Buyers may communicate with lessors, for-sale-by-owners, and real estate professionals.  As part of these services, Mwendo will from time to time send you emails which you agree to receive. You are able to unsubscribe from these emails at any time. See our Privacy Policy for further information. Mwendo.com provides you with only these services. Mwendo.com hereby disclaims any liability based on, but not limited to, the following:

• Mwendo.com does not participate in any actual lease, sublease, rental, or sale transactions, including, without limitation, negotiations, discussions, or proposals.
• While Mwendo.com has contracted with some licensed brokers in certain states, Mwendo.com does not render legal, brokerage, or other professional advice or services.
• This Web site may contain typographical errors or inaccuracies.

3. Liability Disclaimer and Affirmative Release. Mwendo.com hereby disclaims any liability arising out of or relating to those services and activities which Mwendo.com has expressly not undertaken to provide to you (as described more fully in the bullet-points in Section 2, above). MWENDO.COM DOES NOT SCREEN POSTINGS AND HAS NO WAY OF INDEPENDENTLY VERIFYING THE INFORMATION, TEXT, PHOTOGRAPHS, GRAPHICS, MESSAGES OR OTHER MATERIALS GIVEN BY A USER OR POSTED ON THIS SITE OR OTHERWISE MADE AVAILABLE THROUGH THE MWENDO.COM SERVICE.  

With respect to content on publicly accessible areas of the website, the User grants Mwendo.com the following world-wide, royalty free and non-exclusive license(s), as applicable:  With respect to content a User submits or makes available to Mwendo.com, such User grants Mwendo.com the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content and the irrevocable right to sublicense the content with the sublicensee having the right to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such content (in whole or in part) and to incorporate such content into other works in any format or medium now known or later developed.  

The User agrees to indemnify and hold Mwendo.com, and its affiliates, officers, agents, or other partners, and employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available to Mwendo.com.  Mwendo.com makes no representations as to individual character, credit worthiness, rental history or ability of Renters or Purchasers to pay their rent or mortgage.  You hereby agree that in no event shall Mwendo.com or its affiliates and/or suppliers be liable for any direct, indirect, incidental, punitive, special, consequential or other damages or losses arising out of or in any way related to the use of this web site or with the delay or inability to use this site, or for any information, products, and services obtained through this site, or otherwise arising out of or related to the use of this web site.  This Agreement has legal significance. Users with questions regarding such significance are encouraged to seek the advice of an attorney.

4. User's Representations and Warranties. By using this Web site, you hereby represent and warrant the following.

• You are of the legal age in your state of residence to make contracts and you therefore possess the authority to enter into this Agreement.
• All information supplied or to be supplied by you relating to this Web site is and will be accurate and complete.  You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
• You agree that the services of this Web site shall be used only to find properties, in accordance with the process Mwendo.com's Web site presents, and information for you or for another person for whom you are legally authorized to act. You will not transmit any content that is unlawful, defamatory, obscene, pornographic, trade libelous, threatening, harassing, tortuous, invasive of another's privacy, hateful, or racially, ethnically, religiously or otherwise objectionable.
• You understand that failure to abide by this Agreement may result in denial of access to this Web site.
• Mwendo, LLC may request, receive, copy and review your real property transaction, lease, and/or settlement documents.
• You acknowledge that Mwendo recommends your independent use of all appropriate government, public, consumer and other agencies or sources to verify a Real Estate Professional's license status and background as Mwendo, LLC makes no representations and/or warranties about any Real Estate Professional that may use the Mwendo.com service.
• You acknowledge and agree that Mwendo.com is the sole owner and vendor of the Terms of Service.
• You agree that no joint venture, partnership, or employment relationship exists between you and Mwendo.com as a result of this Agreement or use of this Web site.
• You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and “as available.”

• If you are selling, renting, leasing, or subleasing a property, you possess the legal authority to sell, rent, lease, or sublease the property advertised.
  
• In particular, Mwendo, LLC, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:
• Your use of the services will meet your requirements,
• Your use of the services will be uninterrupted, timely, secure or free from error,
• Any information obtained by you as a result of your use of the services will be accurate or reliable, and
• That defects in the operation or functionality of any software provided to you as part of the services will be corrected.

5. Your Information. "Your Information" is defined as any information you provide to us or other users in the course of using this Web site, including, but not limited to, any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. Mwendo.com will only use Your Information in accordance with our Privacy Policy.  Mwendo.com preserves Your Information in its sole discretion and may disclose such information to third parties to comply with legal process or   protect the rights, property, or personal safety of Mwendo.com, its users and the public.  

6. Correct, Review, Update or Delete Your Account Information. Mwendo.com provides all users with the ability to 'opt out' of our email program at any time as well as the opportunity to correct, update or delete information stored in their accounts. To review, modify or delete your information, log in and select "Edit Personal Profile".

7. Fees and Services. Creating a listing, searching for and communicating with properties are free services. When you find a home through Mwendo.com, the lessor, for-sale-by-owner, or real estate professional whose property you will be renting or purchasing is responsible for paying Mwendo.com a success, advertising, listing, and/or referral fee. You agree to return to the Web site to confirm the terms of the lease or sale so that Mwendo.com can collect its fee from the lessor, for-sale-by-owner, or real estate professional.

Our Fees and Credits Policy is incorporated herein for reference. We may change our Fees and Credits Policy  and the fees for our services from time to time. Changes to the policy are effective immediately with or without notice. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars.

8. Compliance with Federal and State Civil Rights Acts. Mwendo.com complies with state and federal civil rights laws, including the Fair Housing Act and the Americans with Disabilities Act. By using this Web site you agree to comply with such acts and thus agree to avoid stating any preference based on race, color, national origin, religion, handicap or any other category. At other locations in this Web site, Mwendo.com may remind you not to include information that is potentially actionable under such laws.

9. Right to Refuse Service. Mwendo.com reserves the right to refuse service to anyone and terminate your account at any time with or without cause.
10. Violations. Please report any violation of this User Agreement to Mwendo.com Customer Service.

Interactive Areas

The Mwendo.com web site may offer forums, blogs, comments areas, bulletin boards and chat rooms (collectively, "Forums") that are intended to provide users 18 years of age and older an interesting and stimulating forum in which they can express their opinions and share their ideas. Mwendo does not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these Forums. Please use your best judgment, and be respectful of other individuals using these Forums. Do not use vulgar, abusive or hateful language. You may not use the Forums for advertising or promotional materials or other forms of solicitation. Uploading copyrighted or other proprietary material of any kind on the Mwendo web site without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability. Any information you disclose when posting a message in these Forums may become public. You should not include any information in your posting that you do not want other parties to see or use and you hereby agree that you will not hold Mwendo responsible for any third party's use of information contained in such posting.

Wireless Messaging Service

When you provide your wireless or mobile telephone number to Mwendo, you grant permission for short message service (SMS) text messages and/or multimedia messaging service (MMS) graphic and/or video messages from Mwendo, its affiliates, and other Users. By continuing to use the Service in any way, you agree that you have read, understood and accept all the Terms and Conditions unconditionally. You must not continue to use the Service if you do not understand or agree to these Terms and Conditions.

Mwendo provides a service that currently allows you to receive property information, reward claim information, promotional information, company alerts, coupons, discounts and other notifications to your email address and/or cellular phone or device. You understand and agree that the Service is provided "AS-IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

You are responsible for obtaining access to the Service and that access may involve third party fees (such as SMS text messages, Internet service provider or cellular airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of each SMS text message sent to you by us. In addition, you must provide and are responsible for all equipment necessary to access the Service and receive the SMS text messages. We do not charge any fees for delivery of email or SMS. This is a free service provided by us. However, please check with your internet service provider and cellular carrier for any charges that may incur as a result of receiving email and SMS text messages that we deliver upon your opt-in and registration with our email and SMS services. There is no subscription associated with this type of service.

Wireless Service Cancellation
You may unsubscribe to the wireless services by logging into the ‘My Mwendo’ area and selecting ‘Edit Personal Profile’. Then delete the entries for ‘Wireless Number’ and ‘Wireless E-mail Address’.

Disclaimer of Warranties
You agree to indemnify and hold us, Mwendo, LLC and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you receive, submit, reply, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.

You expressly understand and agree that:
A.        Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Mwendo, LLC, it's customers, expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
B.         Mwendo makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
C.        Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
D.        No advice or information, whether oral or written, obtained by you from Mwendo or through or from the service shall create any warranty not expressly stated in the Terms of Service.

Limitation of Liability

You expressly understand and agree that neither Mwendo, nor our customers, shall not be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Mwendo and our customers, have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

Advertising Policy

Before posting your advertisements on our website, please review your advertisement to be sure it is accurate, and complies with all local, state and federal laws as well as with this policy. This policy applies to all content of your advertisement, including the descriptive text and the photographs/images. We reserve the right to remove any content that we deem, in our sole discretion, to violate this policy and/or to reject the submitted advertisement.

Illegal discriminatory preferences are prohibited. Many statements containing discriminatory preference are prohibited under the Fair Housing Act and state and local laws. In any advertisement for the sale or rental of a dwelling, it is illegal to state a discriminatory preference with regard to race or color, national origin, religion, sex, familial status, handicap and disability. For further guidance on the protected categories and other protections and exceptions governed by the Fair Housing Act, please review the Act as well as the publications issued by the U.S. Department of Housing and Urban Development ("HUD") and the Department of Justice. You can contact HUD on the Internet at http://www.hud.gov/offices/fheo/index.cfm and the Department of Justice at http://www.usdoj.gov. You must also comply with the Act and all state and local laws prohibiting discrimination based on other factors, including sexual orientation, age, marital status, and source of income.

Content must be accurate. Please make sure that all information you submit is accurate and complete. If any information later becomes inaccurate or misleading, you are responsible for correcting it.

Image requirements. Photographs and images accompanying the text of your advertisement may not contain nudity, pornography, lewd references or be sexually suggestive in any way. Digital image and video files must satisfy our technical requirements.

Other limits. Advertisements cannot be illegal, threatening, harassing, abusive, obscene, defamatory, libelous, invasive of another's publicity rights, harmful to minors, degrading, deceptive, or violative of intellectual or other proprietary rights.

Indemnification

You agree to indemnify and hold Mwendo, LLC and its officers, directors, employees, agents, and contractors harmless from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys' fees, arising from or related to: (a) the Materials you provide, (b) your use of the web site or your reliance on the Content or your use of Mwendo’s services, (c) your breach of these Terms, or (d) any actual, prospective, completed or terminated purchase, sale, lease or other transaction between you and a third party.

LIMITATION OF LIABILITY

You expressly understand and agree that Mwendo, its subsidiaries and affiliates, and its licensors shall not be liable to you for:

(a) Any direct, indirect, incidental, special, punitive, consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;

(b) Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:

(i) Any reliance placed by you on the completeness, accuracy or existence of any advertisement, or as a result of any relationship or transaction between you and any User;

(ii) Any changes which Mwendo may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);

(iii) The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;

(iii) Your failure to provide Mwendo with accurate account information;

(iv) Your failure to keep your password or account details secure and confidential;

The limitations on Mwendo’s liability to you shall apply whether or not Mwendo has been advised of or should have been aware of the possibility of any such losses arising.

Prohibited Activities

The following is a partial list of the kinds of activities that are prohibited on or through the Mwendo web site: (a) submitting Materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Materials that could be harmful to minors; (c) engaging in activity or submitting Materials that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" or harvesting or otherwise collecting personally identifiable information about Site users, including names, phone numbers, addresses, email addresses, (collectively, "User Data") without their consent; (e) engaging in activity, or submitting Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Materials that contain restricted or password only access pages, or hidden pages or images; (g) submitting Materials that displays pornographic or sexually explicit material of any kind; (h) submitting Materials that provide instructional information about illegal activities such as making or buying weapons, violating someone's privacy, or providing or creating computer viruses; (i) submitting Materials that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or "scrape" web pages or the Content contained in the Site or for any other unauthorized purpose without Mwendo’s prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Site; (n) decompiling, reverse engineering, or disassembling the Software or attempting to do so; or (o) taking any action that imposes an unreasonable or disproportionately large load on the Mwendo web site or Mwendo's hardware and software infrastructure or that of any of its Licensors or Suppliers.

Fees and Credits Policy

This Fees and Credits Policy is incorporated into and is made a part of the digital or written advertising agreement between you and Mwendo.com.

Reported Lease or Sale. You will pay to Mwendo.com the specified advertising fee for each Reported Lease or Sale in which a Renter or Buyer (a) finds your property advertised on the www.Mwendo.com website (the "Website"); (b) enters into a lease, sublease, rental, or purchase agreement; (c) moves into the property; and (d) reports that lease or sale to Mwendo.com.

Fees. There is no mandatory charge for you to advertise your property on the Website. You will be obligated to pay to Mwendo.com a success fee, as outlined in the Rate Card, unless otherwise stated in our advertising agreement (the "Fee"). You must pay the Fee for such Reported Lease within fifteen (15) days after the Renter or Buyer’s move-in date or the date on which the Renter or Buyer reports the lease or sale, whichever comes later. In the event the Property changes its manager or is sold, you will notify us within ten (10) days after the management change or sale. You will remain liable for all Fees attributable to Reported Leases after such management change or sale unless you provide evidence that the new manager or owner has assumed the liability for such Reported Leases. In the event our Agreement is terminated, you will remain liable for all Fees attributable to Reported Leases for thirty (30) days after the effective date of such termination. In the event that one advertisement results in more than one Reported Lease, there will be a Fee for each Reported Lease. Mwendo.com will invoice you for the Fee, which you will be required to pay per the terms of the invoice. The Fee must be paid within fifteen (15) days or interest will be charged at a rate of 1.5% per month, or the highest rate allowed by applicable law, whichever is lower. If you believe there is an error on the invoice, please notify us within such 30-day period; if you fail to notify us within such 30-day period, the invoice will be deemed accurate and valid. You will also have the option to request additional related services such as the advertisement photograph/image service and/or the Featured Listing service for an additional charge. In such event, you will pay such charges when and as invoiced, in the same manner as the Fee.

Early Termination Credit. If after the start of the term of a Reported Lease, the Renter breaks the lease or is evicted for any reason Mwendo.com will have no obligation to credit or return any portion of a Fee.

General. Mwendo.com reserves the right to change these fees at any time. Mwendo.com may choose to temporarily change this Fees and Credits Policy and the fees for services provided for promotional events, and such changes are effective when Mwendo.com posts the temporary promotional event on the site. Mwendo.com maintains sole discretionary right to change some or all of its services at any time. In the event that Mwendo.com introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. dollars. Users are responsible for paying all fees associated with using the Mwendo.com service and with using Mwendo.com's website, and for all applicable taxes.

Obligations of Real Estate Professionals Registered with Mwendo

By completing your registration with Mwendo.com as a Real Estate Professional, you agree that:

a. You are of legal age and are otherwise capable of forming a legally binding contract; and have obtained all necessary permissions within your business (if applicable) to participate in the Mwendo services;
b. All information you submit to Mwendo or pursuant to a Mwendo service is accurate and complete and that you will maintain and promptly update such Profile, Proposal(s), Bid(s), Endorsement(s) or other Information supplied to Mwendo or to Users to ensure accuracy at all times;
c. You are an individual person (not a company or other association);
d. You have acquired and will maintain appropriate insurance coverage and have complied with all real estate licensing and regulatory requirements applicable to real estate agents in the areas for which you have requested Mwendo’s service;
e. You agree to be contacted via Email by Mwendo, and third parties if relevant, regarding Mwendo's services;
f. You will not use or attempt to use any facility provided by Mwendo wholly or partly in order to provide you with Information concerning the commissions, fees, prices, or other terms offered by other Real Estate Agents;
g. You will not refer Mwendo supplied leads to any other person;
h. You have secured and will maintain any required supervising broker's authorization and payment of a fee that will be incurred by virtue of your use of this Mwendo service, if you are a licensed real estate salesperson, broker associate or other non-supervising broker real estate professional legally permitted to conduct or participate in certain real property transactions in your state of residence or employment but subject to broker oversight;
i. You hereby grant Mwendo permission to e-mail or display your Profile and such other information as may be supplied by you to Mwendo on or from Mwendo's website (www.Mwendo.com) and such other partner and affiliate websites as Mwendo shall deem advisable in its sole determination for marketing purposes;


Online Listings

Mwendo offers Real Estate Professionals the ability to upload and import his/her listings for display on Mwendo and other websites. Mwendo makes no warranty or representation with respect to exposure or display of such listings or with respect to any traffic or client click through for such listings.

MLS Listings

The multiple listing data relating to real estate for sale or lease on this web site comes in part from the Internet Data Exchange©/Broker ReciprocitySM Program of several MLS Associations. The information contained within this website is for personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. All information is deemed reliable but is not guaranteed and should be verified by personal inspection or with the appropriate professionals. Real estate listings held by brokerage firms other than Mwendo, LLC are marked with the Internet Data Exchange©/Broker ReciprocitySM  logo or the Internet Data Exchange©/Broker ReciprocitySM thumbnail logo (a little black house) and detailed information about them includes the name of the listing brokers. Mwendo does not display the entire data of any MLS Internet Data Exchange©/Broker ReciprocitySM database on this website. The listings of some real estate brokerage firms have been excluded. This data is updated at least weekly and at most daily; however, some properties which appear for sale on this web site may subsequently have sold and may no longer be available.

DISPUTE RESOLUTION

Any claim or controversy arising out of or relating to the use of Mwendo's services, to the goods or services provided by Mwendo, or to any acts or omissions for which you may contend Mwendo is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally and exclusively settled by binding arbitration to take place in Fairfax County, Virginia. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to Mwendo. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Virginia. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND MWENDO WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.

OTHER TERMS

These Terms of Use shall be subject to and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of laws principles. If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved to Mwendo.

Prohibition of Under the Table Transactions

• Users, including but not limited to lessors, for-sale-by-owners, real estate professionals, and property management companies may not bypass Mwendo’s Reward Process by directly providing a rebate, gift certificate, or monetary incentive to a tenant or buyer directed to them by Mwendo without Mwendo having received the advertising, referral, service, or listing fee as stated in the Terms of Service and/or Rate Card.
• Any user, including but not limited to lessors, for-sale-by-owners, real estate professionals, and property management companies violating this provision shall pay Mwendo three (3) times the advertised reward/rebate amount plus applicable service fees.
• Any user or non-user, including but not limited to a prospective tenant or buyer, who reports an under the table transaction in which Mwendo is able to re-coup lost monies is eligible for compensation in the amount of two (2) times the advertised reward/rebate amount after Mwendo has collected payment from the offending party.
• The membership of any offending party may be terminated.

If you have questions regarding these Terms of Service, please contact us via email at or call 1-877-Go-Mwendo (1-877-466-9363)