Terms of Service

Effective Date: November 1, 2024
Welcome to McCracken Property Management ("we," "our," or "us"). These Terms of Service ("Terms") govern your use of our services, including property management, rental listings, tenant services, and our website. By accessing or using our services, you agree to these Terms. If you do not agree to these Terms, you should not use our services.

1. Services Provided
McCracken Property Management provides property management services, including but not limited to:
  • Management of short-term, mid-term, and long-term rental properties.
  • Rental listing and tenant placement services.
  • Lease administration and rent collection.
  • Property maintenance and repairs.
  • Communication with tenants and owners.
We reserve the right to modify or discontinue any service at any time, with or without notice.

2. Eligibility
By using our services, you represent that you are at least 18 years old and legally capable of entering into binding agreements. If you are using our services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3. Rental Applications and Leasing
When applying for a rental property managed by McCracken Property Management, applicants must provide accurate and complete information. We conduct background and credit checks to evaluate applications. Submission of false or misleading information may result in the denial of your application.
All tenants must comply with the terms of their lease agreement, including timely payment of rent and adherence to property rules and regulations.

4. Payment Terms
Rent and other applicable fees must be paid in accordance with the terms set forth in your lease agreement. We accept payments via [Insert Accepted Payment Methods]. Late payments may be subject to additional fees, as specified in your lease agreement or as permitted by Oregon law.

5. Maintenance and Repairs
Tenants are responsible for reporting maintenance issues and damages in a timely manner. We will make reasonable efforts to address maintenance requests as soon as possible. Non-emergency repairs may be prioritized based on urgency.

6. Tenant Conduct
Tenants are expected to maintain the property in good condition and comply with all applicable laws, property rules, and lease terms. Any illegal or disruptive behavior may result in eviction proceedings in accordance with Oregon state law.

7. Use of Website
By accessing our website, you agree to the following:
  • You will not use the website for any unlawful or fraudulent purposes.
  • You will not attempt to gain unauthorized access to any part of the website.
  • You will not engage in any activity that could harm or impair the functionality of the website.
We may terminate your access to the website at any time for violations of these Terms or for other reasons at our discretion.

8. Privacy
Your use of our services is also governed by our Privacy Policy, which details how we collect, use, and protect your personal information. By using our services, you consent to our collection and use of your information as outlined in the Privacy Policy.

9. Limitation of Liability
To the fullest extent permitted by law, McCracken Property Management and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of our services or website. This includes, but is not limited to, damages for loss of profits, data, or goodwill.

Our liability to you for any direct damages shall not exceed the amount paid by you for the services in the twelve (12) months preceding the event giving rise to the claim.

10. Indemnification
You agree to indemnify and hold harmless McCracken Property Management, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees, arising from your use of our services, violation of these Terms, or violation of any law or the rights of a third party.

11. Termination
We reserve the right to terminate or suspend your use of our services at any time, with or without cause, including for violations of these Terms. Upon termination, any rights or obligations that by their nature should survive termination will remain in effect.

12. Dispute Resolution
Any disputes arising from or related to these Terms or our services shall be resolved through good faith negotiations. If a resolution cannot be reached, the dispute shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Jackson County, Oregon.

13. Governing Law
These Terms are governed by the laws of the state of Oregon, without regard to its conflict of law principles. Any legal action or proceeding related to these Terms shall be brought exclusively in the state or federal courts located in Jackson County, Oregon.

14. Changes to These Terms
We may modify these Terms from time to time. Any changes will be effective immediately upon posting on our website. Your continued use of our services following the posting of changes constitutes your acceptance of the updated Terms.

15. Contact Information
If you have any questions or concerns regarding these Terms, please contact us at:

McCracken Property Management

1467 Siskiyou Blvd #94
Ashland, OR 97520
541-631-4090support@mccrackenrentals.com