Terms of Service

These Terms of Service ("Terms") govern your use of allayresidential.com and rentwithallay.com (collectively, the "Site") operated by Allay Realty Group ("Allay," "we," "us," or "our"). By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree with these Terms, please do not use the Site.

1. Use of the Site

Our Site provides information about Allay Realty Group's services, available rental properties, neighborhood guides, and tools including a rent estimate calculator. The Site is intended for informational purposes and to facilitate communication between Allay and prospective or current clients and residents.

The Site is intended for users who are at least 18 years old. By using the Site, you represent that you are at least 18 years of age. Users under 13 may not use the Site under any circumstances, consistent with the Children's Online Privacy Protection Act (COPPA).

You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site in any way that could damage, disable, or impair the Site or interfere with any other party's use.

2. User Representations

By using the Site, you represent and warrant that: (a) you have the legal capacity to agree to these Terms; (b) you are not under the age of 18; (c) you will not use the Site for any illegal or unauthorized purpose; and (d) your use of the Site will not violate any applicable law or regulation.

3. Rent Estimates and Market Data

Rent estimates provided through our Site are for informational purposes only and are based on available market data at the time of the request. They do not constitute an appraisal, guarantee of rental income, or binding offer. Actual rental rates may differ materially based on property condition, upgrades, layout, location, market changes, timing, and other factors. Past rental performance does not guarantee future results. We recommend consulting with our team for a property-specific assessment.

Market data displayed on neighborhood pages is sourced from third-party providers (including RentCast) and updated periodically. We make reasonable efforts to ensure accuracy but do not guarantee the completeness or timeliness of this data.

4. Electronic Communications Consent

By using the Site, submitting forms, or providing your contact information, you consent to receive electronic communications from us, including email, text messages (SMS/MMS), and phone calls. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. You acknowledge that you have the ability to access and retain electronic communications and documents provided to you through the Site or via email.

5. SMS Text Messaging

If you provide your phone number and opt in to text messaging through any form on our Site:

• We use SMS to send appointment confirmations, showing reminders, follow-up communications, and property-related updates.
• Consent is not a condition of purchase. You are not required to consent to receive text messages as a condition of purchasing any property, goods, or services.
• You can cancel SMS service at any time by replying "STOP" to any text message. After sending "STOP," you will receive a confirmation message and will no longer receive SMS messages from us. You may also revoke consent by any other reasonable means, including by emailing hello@allayresidential.com or calling (678) 845-8239.
• We will process all opt-out and revocation requests within 30 days of receipt.
• If you are experiencing issues with messaging, reply "HELP" for assistance, or contact us at hello@allayresidential.com.
• Carriers are not liable for delayed or undelivered messages.
• Message and data rates may apply. Message frequency may vary. Contact your wireless provider with questions about your text or data plan.
• Your opt-in data will not be shared with third parties for promotional purposes.

6. Intellectual Property

All content on the Site, including text, images, graphics, logos, and design elements, is the property of Allay Realty Group or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from Site content without our prior written consent.

7. Third-Party Links, Websites, and Services

Our Site contains links to and embeds from third-party websites and services, including our property management portal (Rentvine), rental listing and showing platform (RentEngine), application platform, and listing syndication partners (Zillow, Apartments.com, RE/MAX.com, and others). We are not responsible for the content, privacy practices, or availability of these third-party services. Your use of third-party services is governed by their respective terms and policies.

Our Site may also include widgets, which are interactive components that run on our Site to provide specific services from another company. Information collected by these widgets is governed by the privacy policy of the company that created them.

8. User-Submitted Content

By submitting any information, messages, property details, or other content through the Site (including through forms, contact inquiries, and rent estimate requests), you grant Allay Realty Group a non-exclusive, royalty-free, perpetual license to use, store, and process that content for the purpose of providing our services and communicating with you. You represent that you have the right to submit such content and that it does not violate any third party's rights.

We are not responsible for the accuracy of information you submit and reserve the right to remove or refuse any content at our sole discretion.

9. Limitation of Liability

To the fullest extent permitted by law, Allay Realty Group shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Site, including but not limited to reliance on rent estimates, market data, or other information provided through the Site.

In no event shall our total aggregate liability to you for all claims arising out of or relating to your use of the Site exceed one hundred dollars ($100.00) or the amount you have paid to us in the twelve (12) months preceding the claim, whichever is greater. This limitation does not apply to liability that cannot be limited or excluded by applicable law, including statutory damages under applicable privacy laws.

10. Disclaimer of Warranties

The Site is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. Indemnification

You agree to indemnify, defend, and hold harmless Allay Realty Group, its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Site, your violation of these Terms, or your violation of any rights of a third party.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Georgia, without regard to conflict of law principles.

Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. Arbitration shall take place in Fulton County, Georgia, or at another mutually agreed location. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Individual Basis Only: All disputes shall be resolved on an individual basis. You agree that you will not bring or participate in any class action, class arbitration, or other representative proceeding against Allay Realty Group. If this class action waiver is found to be unenforceable, the entirety of this arbitration provision shall be null and void.

Small Claims Exception: Notwithstanding the above, either party may bring an individual action in small claims court in Fulton County, Georgia, if the claim falls within that court's jurisdictional limits.

Opt-Out Right: You may opt out of this arbitration provision by sending written notice to hello@allayresidential.com within 30 days of first using the Site. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of arbitration. If you opt out, disputes will be resolved in the state or federal courts located in Fulton County, Georgia, and you consent to the personal jurisdiction of such courts.

13. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We are not obligated to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice. We will not be liable for any modification, suspension, or discontinuance of the Site.

14. Changes to These Terms

We may update these Terms from time to time. Changes will be posted on this page with an updated effective date. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Site, constitute the entire agreement between you and Allay Realty Group regarding your use of the Site. These Terms do not alter the terms of any separate agreement you may have with Allay Realty Group for property management services, rental agreements, or other services.

17. Contact Us

If you have questions about these Terms, contact us at: