Terms of Service

These Terms of Service (the “Terms”) form a binding agreement between you and Van Orden Properties, LLC, a Pennsylvania limited liability company (“Van Orden Properties,” “we,” “us,” or “our”). The Terms govern your access to and use of vanordenproperties.com (the “Site”), our tenant, landlord, and administrator portals, our marketing pages, and all related software, content, and services we make available (collectively, the “Services”).

By creating an account, accessing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Services.

Van Orden Properties is a Pennsylvania-licensed real estate and property management firm. We provide the Services as part of our property management business and as a way for our clients (landlords) to communicate with the tenants who lease the properties we manage. We are not a bank, money transmitter, insurance company, or law firm, and nothing in the Services constitutes financial, tax, insurance, or legal advice.

You may use the Services only if you are at least 18 years old and have the legal capacity to enter into a binding contract. When you create an account you must provide accurate, complete, and up-to-date information and keep that information current. You are responsible for all activity under your account and for maintaining the confidentiality of your password. Notify us immediately at support@vanordenproperties.com if you suspect any unauthorized use of your account.

Accounts are issued in three roles — tenant, landlord, and administrator — with different permissions inside the Services. The role applicable to your account is determined by your relationship with Van Orden Properties.

The Services include features that allow:

• Tenants to view rent balances, save a payment method, pay rent (immediately or on a schedule), submit maintenance requests, view alerts about their property, and manage their account information.
• Landlords to view rent ledgers and payout status for the properties Van Orden Properties manages for them, complete payouts onboarding through Stripe Connect, and review related communications.
• Administrators to manage properties, units, tenancies, landlords, and maintenance requests on behalf of Van Orden Properties.

We may add, modify, or remove features at any time without notice. We may also limit availability of the Services to any person or geographic area at our discretion.

Van Orden Properties is a property management company engaged by landlords to manage their properties. The lease between a tenant and a landlord is a separate agreement between those two parties. Except as expressly stated in a written agreement with us, Van Orden Properties:

• is not a party to any lease;
• does not guarantee a tenant’s payment of rent to a landlord;
• does not guarantee a landlord’s compliance with habitability, safety, or other legal obligations;
• does not guarantee the accuracy of property listings, photographs, or unit descriptions; and
• does not act as an escrow agent, bank, lender, insurer, or financial advisor.

Disputes between tenants and landlords are between those two parties. We may, at our discretion, help facilitate communication or refer parties to appropriate authorities, but we are not obligated to do so.

Payments through the Services are processed by Stripe, Inc. By using the payment features you agree to the Stripe Services Agreement and, where applicable, the Stripe Connected Account Agreement.

Authorization. When you initiate a payment, you authorize Van Orden Properties and Stripe to charge the payment method on file for the full amount of the payment plus any applicable processing fees. For payments made via ACH bank transfer, you authorize Stripe to debit the designated bank account, and you understand that the transaction may take three to five business days to settle.

Management fee. Van Orden Properties charges a flat management fee of $100 per rent transaction processed through the Services. The fee is retained by Van Orden Properties from each charge and the remainder is routed to the landlord’s connected Stripe account. The fee may be changed on prospective notice; the fee in effect at the time of a transaction governs that transaction.

Failed payments. If a payment fails (insufficient funds, expired card, bank rejection, or any other reason), the underlying obligation to pay rent remains with the tenant under the lease. We may attempt to re-charge or notify the tenant, but we are not responsible for fees, penalties, or remedies that the lease or applicable law imposes for late or missed rent payments.

Refunds and reversals. Rent payments are non-refundable through the Services. Disputes about whether rent is owed must be resolved between the tenant and landlord. We may, in our discretion, reverse a payment for technical reasons (e.g., a duplicate charge), but we have no obligation to do so. Bank-initiated reversals (ACH returns, card chargebacks) are processed according to Stripe’s standard procedures.

Scheduled payments. When you choose to schedule a rent payment for its due date, you authorize the Services to initiate the charge automatically on that date. You may cancel a scheduled payment up until the scheduled charge has begun processing.

You agree that you will not:

• use the Services for any unlawful purpose or in violation of any applicable law or regulation;
• impersonate any person, misrepresent your affiliation with any person, or provide false or misleading information;
• use the Services to harass, threaten, defame, or discriminate against any person, including in violation of fair housing laws;
• interfere with, attempt to compromise the security of, or reverse engineer any portion of the Services;
• use automated means (bots, scrapers) to access the Services without our written permission;
• upload viruses, malware, or other malicious code; or
• use the Services to send spam or unsolicited communications.

You retain ownership of any text, photos, files, or other content you submit through the Services (“Your Content”). By submitting Your Content, you grant Van Orden Properties a non-exclusive, royalty-free, worldwide license to host, store, reproduce, modify, display, and use Your Content as necessary to operate, provide, and improve the Services and to comply with applicable law. You represent and warrant that you have all rights necessary to grant this license and that Your Content does not violate any law or any third party’s rights.

The Services, including all software, design, text, graphics, and logos (other than Your Content), are owned by Van Orden Properties or our licensors and are protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-transferable, non-exclusive, revocable license to access and use the Services solely for their intended purpose, subject to these Terms.

The Services rely on third-party providers including Stripe (payments and identity verification), Google LLC (Firebase authentication, database, storage, hosting of background jobs), Vercel Inc. (hosting), and Resend, Inc. (email delivery). Your use of those services is subject to their respective terms and privacy policies. We are not responsible for the acts, omissions, downtime, or data handling of any third-party provider.

You may stop using the Services at any time. We may suspend or terminate your access to the Services, in whole or in part, with or without notice, if we believe you have violated these Terms, if we are required to do so by law, or if we decide to discontinue any feature or the Services as a whole. Upon termination, your right to use the Services ceases immediately, but provisions of these Terms that by their nature should survive termination (including Sections 5, 6, 8, 9, 12, 13, 14, 15, and 17) will survive.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, VAN ORDEN PROPERTIES DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

We do not warrant that the Services will be uninterrupted, secure, error-free, free of viruses, or that any defects will be corrected. We do not warrant the accuracy or completeness of any information made available through the Services, including property listings, payment summaries, or communications between users. You use the Services at your own risk.

TO THE FULLEST EXTENT PERMITTED BY LAW, VAN ORDEN PROPERTIES, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR LOSS OF USE, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL VAN ORDEN PROPERTIES’ TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF MANAGEMENT FEES PAID TO VAN ORDEN PROPERTIES BY YOU (OR ON YOUR BEHALF) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you in full.

You agree to indemnify, defend, and hold harmless Van Orden Properties and our officers, directors, members, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) Your Content; (c) your violation of these Terms or any applicable law; (d) your violation of any third-party right (including any lease obligation between you and another user of the Services); or (e) your gross negligence or willful misconduct.

Informal resolution. Before filing a formal dispute, you agree to first contact us at support@vanordenproperties.com and attempt in good faith to resolve the dispute informally for at least sixty (60) days.

Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that cannot be resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules (or the rules then in effect). The arbitration will take place in Philadelphia, Pennsylvania, or by remote hearing, at the arbitrator’s discretion. Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver. You and Van Orden Properties each agree that disputes will be resolved on an individual basis only. You and Van Orden Properties waive any right to participate in a class action, collective action, or representative-action lawsuit or arbitration.

Exceptions. Either party may bring a claim in small claims court if eligible. Either party may seek injunctive or equitable relief in court to protect intellectual property or confidential information.

These Terms and any dispute arising out of or relating to the Terms or the Services are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws principles. Subject to the arbitration provisions above, the state and federal courts located in Philadelphia County, Pennsylvania have exclusive jurisdiction over any actions not subject to arbitration.

Van Orden Properties will not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including without limitation acts of God, natural disasters, pandemics, war, terrorism, civil unrest, labor disputes, utility or internet outages, third-party service failures (including Stripe, Google, Vercel, or Resend), or government action.

We may update these Terms from time to time. If we make material changes, we will update the “Last updated” date at the top of this page and may notify users through the Services or by email. Continued use of the Services after a change takes effect constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services.

Entire agreement. These Terms, together with our Privacy Policy and any written agreement between you and Van Orden Properties referencing them, are the entire agreement between you and us regarding the Services and supersede any prior agreements on the same subject.

Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

No waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction, including in connection with a sale, merger, or other business transfer.

Notices. We may give notice through the Services, by email to the address on your account, or by postal mail to the address on your account. Notices to us must be sent to the contact information below.

Headings. Section headings are for convenience only and have no legal effect.

Van Orden Properties, LLC
728 South Broad Street
Philadelphia, PA 19146
Email: support@vanordenproperties.com
Phone: (267) 644-5982