Terms of Use
TENANT MANAGEMENT SOLUTIONS LLC
TERMS OF USE
Last Updated: 9/23/2026
1. Acceptance of Terms
These Terms of Use (“Terms”) govern your access to and use of www.tenantmanagementsolutions.com (the “Site”), which is owned and operated by Tenant Management Solutions LLC (“TMS,” “we,” “us,” or “our”), including property listings, information, forms, features, and other services made available through the Site (collectively, the “Services”).
By accessing or using the Site, you agree to these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use the Site.
IMPORTANT: THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE CERTAIN DISPUTES AND A CLASS ACTION WAIVER. THESE PROVISIONS AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO HAVE CERTAIN DISPUTES DECIDED BY A COURT OR JURY. PLEASE REVIEW SECTION 18 CAREFULLY.
2. About TMS
Tenant Management Solutions LLC provides real-estate brokerage, rental and leasing, property-management, and property-owner advisory services.
Through the Site, users may, among other things:
view available rental properties;
obtain information concerning properties;
submit inquiries regarding available or future rental properties;
request assistance locating a rental property;
request information regarding property-management or advisory services;
communicate with TMS; and
access information and resources relating to rental properties and property ownership.
The availability and scope of particular TMS services may vary by property, location, client, and transaction.
Nothing on the Site constitutes a guarantee that TMS will provide any particular service or enter into any brokerage, property-management, advisory, landlord-tenant, or other relationship with you.
3. Brokerage and Agency Relationships
Use of the Site, viewing a property listing, submitting an inquiry, requesting information, or communicating with TMS through the Site does not by itself create a brokerage, agency, fiduciary, property-management, landlord-tenant, or other contractual relationship between you and TMS.
Any brokerage or agency relationship will be governed by applicable law and, where required or appropriate, separate agreements and disclosures.
TMS may act in different capacities in different transactions, including as a real-estate broker, property manager, leasing agent, representative of a property owner, or in another legally permitted capacity.
Nothing contained on the Site modifies the duties or obligations established by any separate written agreement between TMS and a client or customer.
4. Rental Listings and Property Information
Property listings appearing on the Site are provided for informational and marketing purposes.
Properties, rents, concessions, security deposits, fees, amenities, availability, occupancy dates, property features, photographs, floor plans, dimensions, square footage, utilities, parking, pet policies, and other information are subject to change, correction, prior rental, or withdrawal without notice.
TMS makes reasonable efforts to provide accurate information but does not warrant that every listing or property description is complete, current, or error-free.
Photographs may not depict the exact unit currently available. Dimensions and square footage, when provided, are approximate unless expressly stated otherwise.
Prospective renters should independently confirm information material to their decision before entering into a lease or other agreement.
5. “Find a Home” and Rental Inquiries
The Site may allow you to tell TMS about the type of rental housing you are seeking, including preferences concerning location, rent range, number of bedrooms, move-in date, parking, pets, accessibility features, and other housing needs.
Submitting a “Find a Home” form, rental inquiry, contact form, or similar request:
is not a rental application;
does not reserve or hold a property;
does not constitute an offer or acceptance of a lease;
does not guarantee that a property matching your preferences is or will become available;
does not guarantee approval for any rental property; and
does not create a landlord-tenant relationship.
TMS may use the information you provide to identify properties that may meet the criteria you have provided and to contact you concerning potentially relevant rental opportunities.
Actual applications for rental housing may require additional information and will be subject to the criteria and procedures applicable to the particular property.
6. Rental Applications and Leasing
Where TMS accepts or facilitates rental applications, submission of an application does not guarantee approval or create a right to occupy a property.
Rental applications may be subject to lawful screening criteria established for the applicable property, together with applicable federal, state, and local laws.
A tenancy is created only upon satisfaction of applicable requirements and execution of the appropriate lease or rental agreement by the required parties.
If information appearing on the Site conflicts with the terms of an executed lease, the executed lease controls.
7. Equal Housing Opportunity
TMS is committed to providing real-estate services in accordance with applicable federal, New York State, and local fair-housing laws.
TMS supports equal housing opportunity and does not discriminate in the provision of housing or real-estate services on the basis of any characteristic protected by applicable law.
Nothing on the Site should be interpreted as expressing a preference, limitation, or discrimination based upon a protected characteristic.
TMS's website will provide access to applicable New York State fair-housing notices and disclosures.
8. Property Management Services
Information concerning TMS property-management services is provided for general informational purposes.
The specific services TMS provides to a property owner are determined by the applicable property-management agreement or other written agreement between TMS and the owner.
Nothing on the Site expands, modifies, or replaces the terms of such an agreement.
9. Owner Advisory Services
TMS may provide property owners with practical guidance concerning property operations, leasing, maintenance planning, expenses, property performance, and other real-estate matters.
Information provided through the Site is general in nature and should not be considered legal, tax, accounting, engineering, architectural, environmental, or other licensed professional advice.
Owner advisory services do not create an attorney-client, accountant-client, engineering, or other professional relationship.
Property owners should consult qualified professionals regarding matters requiring specialized legal, tax, accounting, engineering, environmental, or other professional advice.
10. No Guarantee of Results
TMS does not guarantee any particular result from brokerage, leasing, property-management, or advisory services.
Without limitation, TMS does not guarantee:
that a particular property will remain available;
that a rental applicant will be approved;
that a property will be rented within a particular period;
that a particular rent will be obtained;
that a tenant will perform all obligations under a lease;
that property expenses will decrease;
that property value or income will increase; or
that implementation of any recommendation will produce a particular financial or operational result.
Real-estate decisions involve numerous factors outside TMS's control.
11. User Information and Communications
When submitting information through the Site, you agree to provide information that is accurate and not knowingly false, misleading, fraudulent, or unlawful.
You may not impersonate another person or submit another person's personal information without authorization.
Information submitted through the Site will be handled in accordance with our Privacy Policy and applicable law.
By providing contact information and requesting information or assistance, you authorize TMS to respond to your request using the contact information you provide, subject to applicable law and any communication preferences you communicate to us.
12. Acceptable Use
You may use the Site only for lawful purposes.
You may not:
interfere with the operation or security of the Site;
attempt to obtain unauthorized access to the Site or related systems;
introduce malicious software, viruses, or harmful code;
use automated systems to scrape, harvest, copy, or extract Site content without authorization;
use Site information to send unsolicited commercial communications;
impersonate another person or entity;
submit false or fraudulent information;
use the Site in violation of applicable law;
infringe the intellectual-property or privacy rights of another person; or
use the Site for a purpose reasonably determined by TMS to be fraudulent, abusive, or harmful.
TMS may restrict or terminate access to the Site for violations of these Terms.
13. Intellectual Property
The Site and its original content, including its text, graphics, logos, photographs, designs, layout, and other materials, are owned by or licensed to TMS and are protected by applicable intellectual-property laws.
TMS grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Site for personal or legitimate business purposes consistent with these Terms.
You may not reproduce, distribute, modify, publicly display, sell, license, commercially exploit, or create derivative works from Site content without TMS's written permission, except as permitted by applicable law.
Third-party trademarks and materials remain the property of their respective owners.
14. Third-Party Websites and Services
The Site may contain links to or integrate with third-party websites or services, including mapping services, application or screening providers, payment processors, scheduling services, social-media platforms, or other resources.
TMS does not control third-party websites or services and is not responsible for their availability, content, privacy practices, security, or terms.
Your use of a third-party service is governed by that provider's applicable terms and policies.
A link from the Site does not necessarily constitute TMS's endorsement of the third party or its products or services.
15. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TMS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM HARMFUL COMPONENTS.
TMS MAKES NO WARRANTY, EXPRESS OR IMPLIED, CONCERNING THE COMPLETENESS, ACCURACY, RELIABILITY, AVAILABILITY, OR SUITABILITY OF INFORMATION ON THE SITE EXCEPT TO THE EXTENT A WARRANTY CANNOT LAWFULLY BE DISCLAIMED.
Nothing in these Terms excludes any warranty, right, or remedy that cannot legally be excluded or waived.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TMS AND ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SITE.
Nothing in these Terms limits liability to the extent such liability cannot lawfully be limited or excluded.
This limitation relates to use of the Site and does not supersede or modify liability provisions contained in a separate brokerage, property-management, advisory, lease, or other written agreement between you and TMS.
17. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless TMS and its members, managers, employees, agents, and representatives from third-party claims, damages, liabilities, and reasonable costs arising from:
your unlawful or unauthorized use of the Site;
information or materials you knowingly submit in violation of these Terms;
your infringement of another person's intellectual-property, privacy, or other rights; or
your violation of applicable law in connection with your use of the Site.
This provision does not require you to indemnify TMS for liability resulting from TMS's own conduct to the extent such liability cannot lawfully be shifted to you.
18. Dispute Resolution; Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
A. Informal Resolution
Before commencing arbitration, you and TMS agree to make a reasonable good-faith effort to resolve the dispute informally.
A party seeking to initiate a dispute should provide the other party with written notice describing the nature of the dispute and the relief requested.
If the parties cannot resolve the dispute within thirty (30) days after receipt of the notice, either party may proceed as permitted below.
B. Agreement to Arbitrate
Except for disputes expressly excluded below, you and TMS agree that any dispute, claim, or controversy arising out of or relating to your use of the Site or these Terms will be resolved through binding individual arbitration rather than in court.
The arbitration agreement is governed by the Federal Arbitration Act to the extent applicable.
C. Arbitration Administrator
Arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA rules applicable to the dispute, as modified by these Terms.
If AAA is unavailable or unwilling to administer the arbitration, the parties will attempt to agree upon another recognized arbitration provider. If they cannot agree, a court of competent jurisdiction may appoint an arbitrator as permitted by applicable law.
D. Exceptions
Nothing in this Section prevents either party from:
bringing an individual claim in small claims court if the claim qualifies;
seeking temporary or preliminary injunctive relief from a court when necessary to prevent immediate and irreparable harm pending arbitration; or
pursuing a claim that applicable law provides cannot validly be subjected to mandatory arbitration.
E. Jury Trial Waiver
TO THE EXTENT A DISPUTE IS SUBJECT TO ARBITRATION, YOU AND TMS UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO HAVE THAT DISPUTE DECIDED BY A JUDGE OR JURY IN COURT.
F. Class Action Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND TMS AGREE THAT CLAIMS SUBJECT TO ARBITRATION WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
If applicable law prohibits enforcement of this waiver as to a particular claim or request for relief, that issue will be handled as required by applicable law.
19. Governing Law
Except to the extent governed by the Federal Arbitration Act or other applicable federal law, these Terms will be governed by the laws of the State of New York, without regard to principles of conflicts of law.
For disputes not subject to arbitration, the parties consent to jurisdiction in the state and federal courts having jurisdiction over the county in New York in which TMS maintains its principal place of business, unless applicable law requires otherwise.
20. Privacy
TMS's collection and use of personal information through the Site is addressed in the TMS Privacy Policy.
The Privacy Policy should be reviewed together with these Terms but does not modify any rights or obligations that cannot lawfully be modified by agreement.
21. Changes to the Site
TMS may modify, suspend, discontinue, or change any portion of the Site, including listings, functionality, features, and content, at any time.
TMS does not guarantee that any particular portion of the Site will remain available.
22. Changes to These Terms
TMS may revise these Terms from time to time.
When we make changes, we will update the “Last Updated” date appearing above and provide any additional notice required by applicable law.
Changes will apply prospectively as permitted by applicable law.
Where affirmative consent to a change is legally required, continued use of the Site alone will not substitute for such consent.
23. Severability
If any provision of these Terms is determined to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed to the minimum extent necessary, and the remaining provisions will continue in effect, except where these Terms expressly provide otherwise.
24. No Waiver
TMS's failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.
A waiver is effective only to the extent expressly provided.
25. Assignment
You may not assign your rights or obligations under these Terms without TMS's prior written consent.
TMS may assign these Terms in connection with a merger, reorganization, sale of substantially all relevant assets, transfer of the Site or business, or other lawful business transaction, subject to applicable law.
26. Entire Agreement
These Terms and the documents expressly incorporated into them constitute the agreement between you and TMS concerning your use of the Site.
They do not supersede a separately executed lease, brokerage agreement, property-management agreement, advisory agreement, agency disclosure, application agreement, or other written agreement governing a specific transaction or service.
If a separate written agreement conflicts with these Terms concerning the subject matter of that separate agreement, the separate agreement controls with respect to that subject matter.
27. Contact Us
Questions regarding these Terms may be directed to:
Tenant Management Solutions LLC
99 Oak Street, #1A
Binghamton, NY 13905
Email: info@tenantmanagementsolutions.com
Telephone: 914-262-1274