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EBRHA Membership Terms

Membership Terms – East Bay Rental Housing Association

Effective Date: April 4, 2025 (Revised as of April 4, 2025)

These terms of membership (the “Membership Terms”) govern any and all rights given and/or actions taken by and between the approved members (the “Members”, “you”, “your”) of the real estate association known as: East Bay Rental Housing Association (hereinafter referred to as the “Association”, or “we”, “us”, “our” and “EBRHA”). Any and all memberships granted to any Members of the Association are hereby governed thusly, as detailed herein.

 

The following governs your terms of membership:

 

East Bay Rental Housing Association (EBRHA) Membership Terms

 

1. Introduction:

The East Bay Rental Housing Association (EBRHA) is a full-service non-profit trade association dedicated to supporting and representing the interests of rental housing providers in the East Bay area. By becoming a member, you agree to abide by the terms and conditions set forth in this document.

 

2. Eligibility for Membership:

Membership with EBRHA is open to individuals, entities (including organizations/businesses/companies) who are:

  • Property Owners: Individuals or entities that own rental properties and/or residential properties in the East Bay area, namely Alameda County and Contra Costa County.
  • Property Managers: Individuals or entities that manage and/or maintain rental and/or residential properties on behalf of owners.
  • Real Estate Professionals: Individuals or entities (brokers, agents, and others) involved in the rental housing industry.
  • Vendors and Suppliers: Entities that provide products and services to the rental housing industry.
    • Including: Developers, investors, tradesman, and/or other real estate professionals.
  • Industry Affiliates: Individuals or entities/professionals offering legal, financial, or other services relevant to the rental housing sector.
    • Including: Government departments/entities, municipal partners, non-profit organizations, and/or other real estate industry partners or affiliates.
  • Community Partners: Entities/professionals offering ancillary services to the rental housing sector, including, without limitation, government departments/entities, municipal partners, non-profit organizations, and/or other real estate industry partners or affiliates.
  • Municipal Partners: Entities including governmental departments, health departments, municipalities, and government assistance programs.
  • Aspiring Property Owners: Individuals or entities with interest in investing in residential or commercial property, especially in the East Bay area.

 

3. Membership Types:

EBRHA offers the following types of membership:

Membership type is determined by the following factors: (1) portfolio size and (2) desired benefits, as outlined on the “Join EBRHA” webpage. 

  • Membership Types: The various membership types and benefits are always subject to change in EBRHA’s sole and absolute discretion. The various classifications of membership include:
    • Independent Rental Owner/Operator (“IRO”)
      • Open to individuals and entities that own/manage/operate less than 20 units.
    • Rental Community
      • For example, a physical property, such as a large multifamily apartment complex or property
      • This member type is most commonly associated with our click-and-lease users (see also “Click & Lease”)
        • Click & Lease Users must have individual membership for each rental property in their portfolio that is using Click & Lease.
    • Property Management Company
      • Open to entities only, with 20 units or more
      • DBA is required for any member or applicant under this member type
      • * DISCLAIMER * If an individual human does not have a current DBA or otherwise attempts to join EBRHA under this designation without naming a formal entity on their application, then EBRHA will assign a DBA using the individual’s last name prior to approval of the member.
    • Industry Partner
      • Open to entities only, providing services or resources to property owners and managers
    • Benefit Subscription
      • Open to individuals and entities needing the minimal support and/or access to resources available
      • Only available on a select, case-by-case basis
        • NOT guaranteed to be available *

 

Membership type is assigned by EBRHA in its sole and absolute discretion, considering all information available through the membership application process. Although the member may choose their membership type when applying for membership, this determination may be definitively changed by EBRHA in consideration of all relevant membership factors. If EBRHA determines a given member’s membership type should be different than initially indicated by the member, EBRHA will promptly notify the member of any necessary changes, including the impact such determination would have on the member’s dues and fees owed to EBRHA.

 

4. Membership Dues & Application Criteria:
  • Annual Dues: EBRHA has the discretion to levy annual dues or fees upon members, set the dates for their payment, and change the amount of such dues or fees from time to time in EBRHA’s sole and absolute discretion. Membership dues are paid annually and are determined by membership category, location, business type, and portfolio size.
    • Dues are disclosed on a case-specific basis with each member pursuant to their portfolio size as agreed upon privately with EBRHA.
      • If EBRHA learns more information contrary to the member’s claims (for example, if EBRHA learns that a member has more units than claimed in assessing the price of membership dues owed) then membership dues may increase; in such instances EBRHA may update the account and increase the financial fees and dues owed to EBRHA from a member, without notifying the member.
        • Honesty and transparency are crucial for this reason; members shall not lie or misrepresent the number of units they own when they agree with EBRHA in establishing their dues/fees owed.
        • Membership is tiered, based on units, so if a member is quoted at a certain price, that price may increase significantly in the event that EBRHA discovers the member in fact owns/owned/manages more units than disclosed prior.
          • Similarly, membership dues could be reduced significantly if a member’s portfolio were to decrease in units.
          • Such increases/decreases are typically assessed and applied during the renewal window.
    • Membership dues, membership structure, and the amount of fees owed to EBRHA may be modified based on the following circumstances:
      • Membership dues increasing at year end;
      • Changes to EBRHA’s pricing menu;
      • Membership structure changing due to:
        • Larger portfolio;
        • Member acquires additional property;
        • Membership is deactivated;
        • Membership was never properly activated;
        • Member failed to pay for an agreed upon advertising or sponsorship package; or
        • Member failed to pay all dues and fees owed.
    • The current dues schedule is subject to change; however, it is currently processed annually on the member’s yearly anniversary, barring any exceptions.
      • Exceptions: any membership upgrades, downgrades, or service courtesies would change the effective renewal date to the most recent change in membership pursuant thereto.
      • Renewal Date: The effective renewal date is always visible to each member in their member portal.
        • Ask EBRHA: when in doubt, ask EBRHA when a given member’s effective renewal date will take place.
  • Payment Terms: Dues are payable upon registration and subject to application approval, and are due annually thereafter before the anniversary of membership.
  • Dues Calculation: Membership dues are calculated based on member type, benefits/services provided, portfolio size, and number of units.
  • Late Fees: Failure to pay dues by the due date may result in a late fee. Membership benefits may be suspended until full payment is received.
    • Membership benefits and/or ancillary services may be paused or suspended at any time in the event of non-payment.
    • Reactivation Fees: In the event a membership is dropped there could be a reactivation fee required per §7-8 of these terms.
  • Membership Dues are Non-refundable under any circumstance.
  • Membership Authority Warranty: By submitting an application for membership, the member thereby promises and warrants that they are providing accurate information that is only their OWN information, with verified authority to do so.
    • Memberships, including those pending approval, are subject to change at any time in EBRHA’s sole and absolute discretion.
      • Membership details, services, programs, and availability are subject to change at any time.
    • EBRHA staff members have the sole and absolute discretion, based on the data provided by the applicant and/or found through public sources, to change account information as needed prior to, during, and/or after membership approval.
    • If a membership application is denied without any possible remedy or recourse, a refund will be provided to the denied applicant.
    • Memberships will remain as "pending approval" until ALL required / mandatory information is received.
      • Including: units, first and last name and/or company name, email address, telephone number, mailing address and billing address.
  • Optional Contributions: EBRHA will occasionally add optional contribution amounts to membership dues invoices, or in a separate writing.
    • These donation amounts are optional and must be expressly rejected.
    • Once these optional contributions are paid, they will not be refunded.
    • Optional contributions could include, without limitation: lobbying, lawsuits, advocacy, rallies, and other social causes related to real estate.
  • NO REFUNDS: Once dues are paid, the membership is active and no refunds will be given. Access to EBRHA’s forms, website, portals, and content, even for a moment, is an inherently valuable transfer being purchased by a member once dues are paid to EBRHA.
    • Any member who pays, downloads EBRHA’s forms, & thereafter pursues a refund is presumed to do so in bad faith and self-dealing in an attempt to manipulate the system to obtain our forms for free, violating the member terms and bylaws requiring honesty and integrity.
      • EBRHA in its sole discretion may investigate special circumstances.
    • Receiving any and all access to EBRHA’s forms, resources, materials, site, and/or content is the completed transaction, even for a single moment.
    • There are NO grace periods and NO free trials; once access is given to a member who purchases access, the access is purchased without any possible refund.

 

5. Membership Benefits:

As a member of EBRHA, you may be entitled to the following benefits, subject to change in EBRHA’s sole and absolute discretion:

  • Education and Training: Access to workshops, webinars, and certification programs.
  • Engage in Education and Advocacy Opportunities: Participate in advocacy efforts to promote the interests of the rental housing industry.
  • Networking: Opportunities to connect with other professionals in the industry.
  • Resources: Access to legal forms, industry research, and compliance tools.
  • Events: Invitations to member-only events, seminars, and conferences.
  • Content: Videos, social media posts, blogs, articles, newsletters, emails, or any other content whether on our website or social media platforms facing members.
  • Advocacy: Representation at local, municipal, and state levels on issues affecting rental housing industry.
  • Leadership: Any member in good standing may apply for election as a Director of the Board of Directors. Applications are subject to approval, with exceptions as listed by the EBRHA bylaws.
    • Restrictions: Certain restrictions may apply depending on member type.
  • Committees: Any member in good standing may apply to join any committee(s) of their choosing. Eligibility to join any given committee is based on a given member’s personal interest, and professional qualifications.
    • Members may participate in more than one committee, if their application is approved.
    • Only members in good standing are eligible to serve as the chairperson for any given EBRHA committee or task force.
      • Task forces are open to non-members; only members in good standing can serve as the chairperson for a task force.
  • Requests for Reports: Each year, each member shall be notified of the member’s right to request the annual financial report of EBRHA. A copy of the most recent financial report shall be promptly sent to any member in good standing who first sends a written request for the financial report.
    • Members in good standing may send a written request for the most recent annual financial report only once per year.
    • Receipt of any written materials disclosing this information to a given member (including these terms, themselves) shall qualify as effective notice and notification to a member of their right to request the report.
  • Voting: Each member is allowed to submit one (1) vote per membership on each matter submitted to the vote of the members, only if their membership is in good standing and barring any exceptions as outlined by member type.
    • Certain types of memberships CANNOT vote on certain matters, as disclosed in the bylaws and as disclosed to such limited member types directly.
Click & Lease Overview:
  • Click & Lease (“CL”) is a web-based online leasing program provided by the National Apartment Association (“NAA”).
  • CL is sold completely separately from EBRHA membership or any service that EBRHA provides.
    • Invoices for CL are provided directly by NAA; EBRHA does not provide any information or access to documents or invoices from NAA.
    • Invoices for CL are NOT invoices for EBRHA membership dues.
  • CL Users must maintain a current membership with their local affiliate in order to maintain access to CL.
    • For properties located in Alameda County or Contra Costa County, the local affiliate is EBRHA.
      • Current membership with EBRHA is defined by an active membership with zero outstanding membership dues or obligations.
      • If a CL User’s membership with EBRHA lapses, their access to CL will be suspended automatically.
      • If a new User signs up for CL before purchasing their EBRHA membership they get a 30 day grace period to access their membership with EBRHA.
  • EBRHA does not control the physical reinstatement of CL access.
    • If a User reinstates their membership with EBRHA they may experience a delay in their access to CL being restored.
  • Payments:
    • CL Users are strongly encouraged to pay their EBRHA dues with credit cards to avoid interruptions to their CL services.
    • Check payments are accepted, however, any delays in payment processing could result in the suspension of services and are NOT the fault of EBRHA.
      • Members/Users are responsible for delivering payment of their dues and fees on time; any late payments due to payment processing could result in late fees or suspension of services at the fault of the User/Member.
  • Data Requirements:
    • CL Users must use their physical property address as the “shipping address” on their account.
    • Users must list a human being as their “billing contact” for EBRHA/CL purposes.
      • EBRHA will email membership renewal invoices to the billing contact on file, the User is responsible for getting the invoice processed.
        • EBRHA does NOT arrange online billing profiles for Users/Members.
  • Contact Methods:
    • Since CL Users require advanced account management services, they need to reach out to sales@EBRHA.com for any EBRHA account questions.
    • For questions about CL or NAA, Users may reach out to clientsolutions@NAAhq.org
  • User Permissions: There must be at least two (2) properties with Current membership using CL in order for employees of the management company to receive EBRHA benefits.
    • For example, on-site property managers will have access to the property in which they manage upon activation of membership, however, regional managers (or other employees, accounting, maintenance, etc.) who oversee multiple properties will not receive access to benefits until there are at least 2 properties with Current membership utilizing CL under one (1) single management company.
    • Billing information, including invoices, will only be visible to the on-site property manager and/or billing contact for a single property unless the above requirement (of 2 properties with Current membership utilizing CL under 1 management company) is met.

* DISCLAIMER * EBRHA is not liable for any misuse of our forms, resources, content, intellectual property, education, training, workshops, webinars, certification programs, and/or any other benefit or resource listed herein without limitation of the same.

    • Forms shall NOT to be used by non-members.
      • This includes lapsed, suspended, or terminated members, or those with delinquent membership dues and/or invoices.
    • Indemnification: Members hereby agree to indemnify and hold EBRHA harmless for any and all uses and/or misuses of the benefits and/or resources listed in this Section § 5 Membership Benefits.

* DISCLAIMER * To maximize the benefits of your membership we strongly encourage members to be as engaged as possible (participating in events, advocacy efforts, educational programs, civil discourse, committees, and/or other focus groups).

 * DISCLAIMER * Membership benefits could be restricted based on membership type, subject to change in EBRHA’s sole and absolute discretion.

 

6. Membership Responsibilities:

Members are expected to:

  • Comply with EBRHA Policies: Adhere to all policies, rules, and guidelines set forth by EBRHA.
    • This includes acting with honesty, integrity, and respect.
  • Maintain Professional Standards: Uphold high ethical and professional standards in the operation of their rental properties and/or businesses.
    • This includes acting lawfully according to all relevant codes and statutes related to any member’s actions, including obeying all federal, state, county, and municipal laws at all times.
  • Communication: Email address, phone number, and billing address are required.
    • We will use these modes of communication for any and all invoices and/or important membership communications.
      • Unsubscribe option: Marketing email preferences can be adjusted to reflect a given member’s preferences in their “Member Compass” on the EBRHA Site, or unsubscribed from entirely, via any email, link to be found at the bottom of any given membership email. 
      • However: Members cannot unsubscribe from receiving invoices or critical [important] membership updates.

 

7. Termination of Membership:
  • Voluntary Termination: Members may terminate their membership at any time by providing written notice to EBRHA.
    • No refunds will be issued for dues already paid, or for the remainder of the membership.
    • Member benefits will still be available until the 12-month membership expires.
    • Even if membership is terminated, all related invoices must still be paid.
    • Any member can provide written intent of non-renewal to EBRHA staff (info@ebrha.com) any time prior to their expiration date to avoid reactivation fees in the future.
  • Involuntary Termination or Suspension: EBRHA reserves the right to terminate membership for non-payment of dues, violation of EBRHA policies, and/or conduct detrimental to the association’s mission. EBRHA may terminate or suspend any membership for non-payment of fees, acts of moral turpitude, failure to satisfy membership qualifications, or if EBRHA, in its sole and absolute discretion, deems termination or suspension to be in the best interest of EBRHA. Members will be notified in writing of the termination or suspension and given an opportunity to appeal the decision unless the loss of membership is caused by non-payment of dues.
    • Non-payment of Dues: shall not entitle the member to a hearing or appeal as set forth in the EBRHA bylaws; however, a procedure for reinstatement shall be available to the member by way of rejoining EBRHA: 1) paying all dues owed,  2) paying all reactivation fees, and 3) re-applying for membership reinstatement.
  • Lapsed Membership & Drop Policy: Membership is considered lapsed (overdue) one day after the expiration date if dues are not paid. In this scenario, the following shall immediately occur:
    • Benefits and services will be temporarily suspended at this time; however, the member’s renewal date and membership period shall continue as usual.
      • During the ‘lapse’ period, although members shall have no access to membership resources, their payment and renewal dates remain ‘locked in’ based on the original date of membership approval.
        • Members expressly acknowledge that any time lapse between payments comes only at the member’s expense.
    • Lapse Period: Up to 90 days after membership expiration date.
      • Member may still renew within the lapse period and regain immediate access to benefits and maintain their original membership dates.
      • Once a membership account is lapsed (overdue) membership dues must be paid in full in order for benefits to be reinstated.
    • Invoice Delinquency: If membership dues remain delinquent (unpaid) at the end of the renewal month the membership will be permanently terminated resulting in a reactivation fee per § 8 if the member chooses to rejoin EBRHA in the future.
      • No time extensions will be honored for delinquent payment of dues.

 

8. Renewal and Reinstatement:
  • Renewal: Membership renewal processes automatically, on an annual basis, 60 days before the expiration date of the membership. This date is computed from the date the membership was instated, on its yearly anniversary. Members will receive a renewal notice within at least 60 days prior to the expiration date.
    • Automatic Renewal: Intent to renew the membership is automatically assumed unless the membership is explicitly terminated by the member in writing. ***
  • Reinstatement: If membership is terminated for non-payment, members may reinstate their membership by paying all outstanding dues and fees within 90 days of expiration (the “Lapse Period”).
    • Once a membership account is terminated, ALL prior owed fees, dues, and/or invoices must be paid in full in order for any member benefits to be reinstated.
      • This includes, without limitation: event tickets, renter screening, advertising, sponsorship, and/or any other ancillary services.
  • Renewal Window: Renewals become available to members 60-days prior to the expiration date (the “Renewal Window”).
    • Regardless of the payment date, the membership will automatically renew one day after the expiration date.
    • Reminders and invoices will be sent to the email and/or billing contact on file beginning 60-days prior to the expiration date.
    • Termination: If a member submits a written response prior to the annual date of automatic renewal (expiration date) expressing the desire to terminate the membership, their membership will be terminated without financial penalty.
  • Reactivation Fee: $50 for members with 19 units or less, and $100 for members with 20+ units.
    • Only after the membership is terminated and is then reactivated does the reactivation fee apply.
    • This provision only applies in the event that invoice delinquency occurs, such that membership dues remain unpaid after the expiration date.
  • Terminated Renewals: If a membership is terminated due to invoice delinquency, and thereafter, the member attempts to rejoin EBRHA, EBRHA will not process an invoice; the member will need to pay their dues up-front in order to reactivate their membership.

 

9. Amendments and Changes:
  • EBRHA may change any member’s type of membership and charge the member accordingly, unilaterally, without permission.
    • EBRHA will always notify members in a timely manner if a change is made.
    • EBRHA may increase payment owed and due based on any revised portfolio circumstances or new information learned by EBRHA about a member.
    • * Disclaimer * Please note, some changes the member can make in the member compass could impact membership dues.
  • EBRHA reserves the right to amend these membership terms at any time. Members will be notified of any changes in writing. Continued membership constitutes acceptance of any amended terms.
    • Members may terminate their membership if they have any objection to any revisions or amendments to the membership terms.
      • No refunds will be provided in any such instance.
  • Members may request to have their membership changed to a different type of membership, which may be granted in EBRHA’s sole discretion.

 

10. Contact Information, Services, & Operational Hours:

For any questions or concerns regarding membership, please contact:

 

East Bay Rental Housing Association (EBRHA)

Mailing Address: 3664 Grand Ave. Ste. B, Oakland, CA 94610

Phone: (510)893-9873
Email: info@EBRHA.com

Website Contact Form: https://www.EBRHA.com

 

Contacting EBRHA - Information & Operational Hours:

Inquiries will be prioritized based on account status. Lapsed members may call/email/chat with our staff, however, response times will not be guaranteed. EBRHA does not provide legal advice to anyone, ever - any belief to the contrary is unreasonable. 

Operational Hours

We are open from 9am-5pm Monday – Friday [We are closed for lunch daily from 12:30pm - 1:30pm] 

In directing your inquiries and communications with EBRHA, consider the following guidelines and communication channels:

  1. Email: membership@EBRHA.com 
      1. Fastest method for detailed/nuanced questions.
      2. Average response time: 48 hours or less.
  1. Chat Online
      1. Fastest method for simple questions.
      2. Utilize the blue bubble icon at the bottom-right-corner of any EBRHA website, utilizing our ‘virtual assistant’ function on the site.
      3. Average response time: almost immediate during business hours (9:00am-5:00pm PST).
        1. Outside of business hours, allow 48 hours or less for a reply.
      4. Our chat features may utilize artificial intelligence (“AI”) features and members hereby agree to those services and functions.
  2. Appointments in Person
      1. 1:1 in-person and virtual support is available, subject to EBRHA’s posted availability on the website and calendar online.
        1. Availability is subject to change at EBRHA’s sole discretion.
        2. Appointment availability varies from 30 minutes to 1 hour depending on the type of appointment and inquiry.
  3. Phone Call
      1. Slowest and not recommended: Due to high call volumes and the nature of our calls, we strongly recommend trying one of our other contact methods BEFORE calling EBRHA.
        1. Our staff must do extensive research in answering inbound inquiries, so it's not optimal for anyone involved to discuss member needs during an unscheduled phone call.
        2. Response times vary based on the information provided, and callers who do not leave a voicemail are not guaranteed a returned phone call.
  4. Drop-Ins
      1. Our staff is available most days for drop-in visits, however, scheduled appointments take priority.
        1. Subject to variation in EBRHA’s sole and absolute discretion.
      2. Our office will occasionally be locked if all staff members are in scheduled meetings or if we are closed for lunch. 
        1. In this event, please schedule an appointment online to return to our office at a later time.
      3. Members are highly encouraged to schedule their visit ahead of time via email or through an online appointment link.

 

11. Data Privacy and Confidentiality:
  • Member Information: EBRHA collects and stores personal and business information provided by members during the application process and throughout the membership term.
    • This information is used solely for the purposes of managing membership, providing member benefits (including those with our affiliate partners) and conducting association activities.
      • See more comprehensive information and our data privacy disclosures in our Data Privacy Policy [link]
  • Contact Information: EBRHA may use phone, address, and email to deliver industry news, legislative updates, and/or other marketing, even after a membership has lapsed.
    • Members can respond with a ‘do not contact’ request to be removed from the list.
  • Data Security: EBRHA employs industry-standard security measures to protect member data. However, EBRHA cannot guarantee absolute security and is not liable for any data breaches beyond its reasonable control.
  • Confidentiality: Members agree not to disclose confidential information obtained through their membership, including but not limited to proprietary EBRHA materials, member directories, and internal communications.

 

12. Member Conduct and Ethics:
  • Member Code of Conduct: All members shall behave ethically, professionally, and respectfully, in obeyance of all laws whether federal, state, county, or municipal, in all of their actions, errors, and/or omissions.
    • Compliance with the code of conduct shall be interpreted and determined in EBRHA’s sole and absolute discretion.
    • The following shall constitute a per se violation of the code of conduct:
      • Abusive communications
      • Usage of profanity
      • Insults or derogatory terms
  • Disciplinary Actions: EBRHA reserves the right to investigate and take appropriate disciplinary actions, including suspension or termination of membership, against members found to be in violation of the Code of Conduct.
  • Non-Discrimination: EBRHA is committed to providing an inclusive environment and prohibits discrimination or harassment based on race, color, religion, gender, sexual orientation, national origin, age, disability, or any other protected characteristic.
    • Any violation of these standards constitute a per se violation of the code of conduct and will not be tolerated.

 

13. Intellectual Property:
  • EBRHA Materials: All educational materials, publications, logos, trademarks, and other intellectual property provided by EBRHA to its members are the property of EBRHA and may not be reproduced, distributed, or used without express written permission by EBRHA.
  • Member Contributions: Any content, materials, or intellectual property submitted by members to EBRHA, such as articles, presentations, testimonials or resources, may be used by EBRHA in its publications, events, and online platforms with appropriate credit given to the member.
  • Third Parties: EBRHA is licensed to share the intellectual property (“IP”) of Third Parties, partners, and members who share such IP such as trademarks, logos, or branded materials for any and all promotional efforts, product distributions, or related activities.
    • EBRHA retains the right to reproduce the IP of such parties who donate merchandise, share content with EBRHA, or otherwise share their logos and brands in collaborative works of art, content, social media, or educational work.

 

14. Communications and Notices:
  • Electronic Communications: By becoming a member, you consent to receive electronic communications from EBRHA, including newsletters, event invitations, and notices related to membership. Members may opt out of non-essential communications but will still receive essential membership-related notices.
    • Essential membership related notices include without limitation:
      • Invoices & Payment Reminders
      • Renewal Reminders
      • Surveys
  • SMS (Text Messages): EBRHA members can opt-in for text messaging from staff. Please review our SMS Terms & Conditions for more information (Data Privacy Policy, Section 11).
  • Official Notices: Any official notices from EBRHA, including changes to membership terms, dues, bylaws, or policies, will be communicated via email or posted on the EBRHA website. It is the member’s responsibility to keep their contact information up to date with EBRHA.

 

15. Use of EBRHA Platforms:
  • Online Forums and Resources: Members may access online forums, directories, and resources provided by EBRHA. Members agree to use these platforms responsibly, refraining from posting inappropriate content, advertisements, or any material that violates EBRHA policies.
    • Per se violations, per § 12, include:
      • Violent or graphic content
      • Discriminatory or defamatory content
      • Harmful or offensive materials
      • Hate speech or violent speech
  • Account Security: Members are responsible for maintaining the confidentiality of their login credentials and are liable for any activity that occurs under their account, membership, and/or profile.
    • Adding Users to a Membership: in some instances, members may allow additional users to access their membership, provided they obtained permission from EBRHA to do so.
      • Method 1: Online through their member compass.
      • Method 2: Email EBRHA with such a request at info@EBRHA.com
        • Required information: the additional user’s first and last name, email address, phone number, and title/relationship to member.

 

16. Dispute Resolution:
  • Internal Dispute Resolution: In the event of a dispute between members or between a member and EBRHA, the parties agree to first attempt to resolve the issue internally and/or informally, through mediation facilitated by EBRHA.
  • Arbitration: If resolution through mediation is not successful, the parties agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association. The decision of the arbitrator will be final and binding.
  • Waiver of Litigation: All parties to this agreement, these membership terms, and/or any contract incorporated herein explicitly WAIVE their right to a jury trial, explicitly WAIVE their right to litigation, and expressly SELECT arbitration instead as the final and binding resolution of any dispute hereunder.

 

17. Limitation of Liability:
  • No Liability for Member Actions: EBRHA is not responsible for the actions or omissions of its members. Each member is individually responsible for complying with applicable laws and regulations in their rental housing operations.
  • Due Diligence is the Obligation of the Member: EBRHA is not capable of ensuring compliance on behalf of members. Any user or member of EBRHA who is under the false belief that EBRHA is capable of curing compliance failures on behalf of members is mistaken. Users may join EBRHA and become members to obtain educational materials informing their attempts to become compliant with relevant regulations, however, there is never any guarantee that any such user or member will be successful in their choices in applying such educational content to their individual case-specific scenario.
    • *** EBRHA explicitly disclaims any and all liability for compliance of its members whether such failure to comply with regulations occurs before enrollment in EBRHA membership or thereafter. ***
  • Limitation of Damages: In no event shall EBRHA be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to membership or the use of EBRHA resources, even if EBRHA has been advised of the possibility of such damages.
  • Liability - EBRHA works with numerous partners who provide services through EBRHA directly to members.
    •  EBRHA is not liable for outages, errors, or mistakes related to those Third-Party services or providers.
    • Members may be subject to the terms of use, privacy policies, and other agreements related to their access of those Third-Party services or providers.

 

18. Indemnification:
  • Member Indemnification: Members agree to indemnify, defend, and hold harmless EBRHA, its officers, directors, employees, and agents from any claims, liabilities, damages, or expenses (including attorney’s fees) arising out of or related to the member’s actions or inactions, breach of these Membership Terms, or violation of applicable laws.
  • Third Party Service-Providers: Members hereby agree to indemnify, defend, and hold harmless EBRHA, its officers, directors, employees, and agents from any claims, liabilities, damages, or expenses (including attorney’s fees) arising out of or related to the actions or inactions, breach of these Membership Terms, or violation of applicable laws taken by Third Party Service Providers, including in regard to those Third Party’s contracts, privacy policies, terms of use, or other related agreements.
  • Disclaimers:
    • EBRHA is not responsible for Third Party Service Provider Actions.
    • EBRHA is not responsible for the actions or omissions of its Users or Members.
    • EBRHA retains all original rights of ownership in its copyrights, patents, and trademarks, including logos, trade names, trade dress, and all other intellectual property rights associated with EBRHA.
    • EBRHA is not responsible for Users or Members in their sharing of personal data, each Member or User may share their personal data as they deem fit.

 

19. Force Majeure:
  • Event of Force Majeure: EBRHA shall not be liable for any failure or delay in performing its obligations under these Membership Terms due to events beyond its reasonable control, including natural disasters, pandemics, war, terrorism, labor disputes, government actions, or other events of force majeure.

 

20. Governing Law and Jurisdiction:
  • Governing Law: These Membership Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
  • Jurisdiction: Any legal action or proceeding arising out of or relating to these Membership Terms shall be brought exclusively in the state or federal courts located in Alameda County, California.

 

21. Severability:
  • Severability: If any provision of these Membership Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

 

22. Entire Agreement:
  • Entire Agreement: These Membership Terms, along with any additional policies or guidelines issued by EBRHA, constitute the entire agreement between EBRHA and its members with respect to membership and supersede all prior agreements, representations, and understandings.

 

23. Waiver:
  • Waiver of Rights: The failure of EBRHA to enforce any right or provision of these Membership Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of EBRHA.

 

24. Membership Directory Usage:
  • Restricted Use: The membership directory is provided for the exclusive use of members. Members agree not to share, sell, or distribute the directory or use it for mass marketing purposes without prior written consent from EBRHA.

 

25. Compliance with Laws:
  • Legal Compliance: Members agree to comply with all applicable federal, state, and local laws and regulations in their rental housing operations and business activities.
Acknowledgment and Acceptance

By applying for or renewing your membership with EBRHA, you acknowledge that you have read, understood, and agree to be bound by these Membership Terms.