Terms of Use

Last updated: October 10, 2018

PLEASE READ THESE TERMS OF USE (“Agreement”) CAREFULLY. By accessing and using this website or any of its related applications (the “Site”), you agree to be bound by the terms and conditions of this Agreement. This Agreement is binding between you (sometimes referred to as “User,” “you,” or “your”) and ResiHome LLC and its subsidiaries and affiliates (collectively referred to as “ResiHome,” “us,” “our,” or “we”).

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SITE OR ITS SERVICES. IMPORTANT: THESE TERMS CONTAIN AN ARBITRATION PROVISION REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION, AND ALSO CONTAINS A CLASS ACTION WAIVER.  Please carefully review Sections 19 and 20 of these Terms for more information.

This Agreement has been prepared as a legally binding license agreement that conditions your use of this Site.  This Agreement applies to your use of any blog, page, section, or feature of the Site that links to this Agreement.  Please note that different or additional terms may apply to some services or features offered on this Site.  By using or otherwise accessing the site, creating, registering or accessing an account, posting or downloading Content or any other information to or from the site, purchasing any products or services via the site or manifesting your assent to these Terms of Use in any other manner, you hereby unequivocally and expressly agree to, and shall be subject to, these Terms of Use. In the event that you purport to be the agent of, represent, or otherwise act on behalf of an entity or any other person, references to “you,” “your” or “User” shall include such entity or person in addition to you, and your acceptance of this Agreement shall constitute acceptance on behalf of such entity or person.

  1. THE PURPOSE OF THIS SITE

This website is designed both for informational and account management purposes for the user and as an access point to certain services hosted on affiliated/companion websites.  You may utilize certain aspects of the Site to submit information to us or request information.  Information submitted via the site can be used to contact you or provide you with information relating to your interaction with the Site and use of services and features of the Site.

  1. REVISIONS TO THIS AGREEMENT

We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms of Use at any time by posting such changes to this page.  You understand that you have the affirmative obligation to check these Terms of Use periodically for changes, and you hereby agree to periodically review these Terms of Use for such changes.  The continued use of the Site following the posting of changes to these Terms of Use will constitute your acceptance of those changes.

  1. YOUR LICENSE TO ACCESS THE SITE AND CONTENT

We hereby grant you a limited, non-exclusive, nonassignable, nontransferable license to access and use the Site solely for the non-commercial, personal use of User or the internal business needs of the entity of which User is an authorized representative, as the case may be, subject to your agreement to, compliance with and satisfaction of these Terms of Use.  All rights not otherwise expressly granted by these Terms of Use are reserved by us.  If you do not comply with the Terms of Use at any time, we reserve the right to revoke the aforementioned license(s), limit your access to the Site or restrict your ability to post or download Content or order products and services.  You agree not to reproduce, duplicate, copy, distribute, transmit, sell, trade, resell or exploit for any purpose any portion of or any information from the Site.  You may not obscure or remove any proprietary rights notices contained in or on the Content.  You are solely responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical and other physical requirements necessary for your access to and use of the Site or any part thereof.

We may discontinue or alter any aspect of the Site, remove Content from the Site, restrict the time the Site is available or restrict the amount of use permitted at our sole discretion and without prior notice or liability.  You agree that we may, under certain circumstances, immediately suspend and/or terminate your access to the Site or any part thereof.  Cause for such measures shall include, without limitation: (a) breaches or violations of these Terms of Use or other incorporated agreements or guidelines; (b) discontinuance or material modification to the Site; (c) unexpected technical or security issues or problems; (d) extended periods of inactivity; and/or (e) engagement by you in fraudulent or illegal activities.  You further agree that such measures shall be taken in our sole discretion and without liability to you or any third party.

  1. OUR INTELLECTUAL PROPERTY

Unless otherwise specifically noted in these Terms of Use, images, trademarks, service marks, logos and icons displayed on the Site are our property and/or our licensors and may not be used without our prior written consent.  Trademarks owned by third parties are the property of those respective third parties.  The Site is the copyrighted property of ours, and it may not be reproduced, recreated, modified, accessed or used in any manner or disseminated or distributed to any other party in violation of these Terms of Use.  Any unauthorized use of any Content, whether owned by other parties or us, may violate copyright laws, trademark laws, privacy and publicity laws, and communications regulations and statutes.  You will not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate or redistribute the intellectual property found in the Site or any part thereof or grant any other person or entity the right or access to do so.

  1. CONTENT

You acknowledge that the Site may contain or provide access to information, software, photos, video, text, graphics, music, sounds or other material provided by us or third parties (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other intellectual property laws, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. The Site utilizes Google Maps and related content licensed to us from Google, Inc., and its licensors, if any, and may utilize similar services and content from other third parties in the future.  By using such features available on the Site, you agreed to be bound and hereby are bound by the applicable policies, terms, and conditions of Google or such other third party service provider.

  1. USER CONTENT

If applicable, Users may provide user-generated content via the Site, including, but not limited to, property information, photographs, and descriptions, company information, User inquiry, (collectively, “User Content”).  As between each User and us, the User Content is the intellectual property of and owned by the User providing such User Content and its licensors, if any.  We do not claim any ownership rights in such User Content.  By providing User Content, you hereby grant us a limited, transferable, non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense and create derivative works and compilations incorporation such User Content. We do not generally monitor or otherwise remove User Content after it is posted on the Site except under certain limited circumstances as required or permitted by law or otherwise in its sole discretion.  In the event you would like to request that we remove your User Content from the Site, please contact us at terms@resihome.com.  Please note however, that if we agree, in our sole discretion, to remove your User Content, such User Content may not be completely removed or may otherwise still be available to others in the following circumstances: (a) your User Content has been incorporated into derivative works or compilations created by other parties or us; (b) such User Content has been retained in our data backup systems or for archival purposes; or (c) to the extent such User Content has been sold to or downloaded by other persons and such persons retain your User Content.

All User Content originates from the applicable users and is beyond our control.  We neither initiate the provision of such User Content nor monitor the specific content or accuracy of the User Content being provided. Without limiting the generality of any other provision of these Terms of Use, we shall have no responsibility for or liability related to the accuracy, content, currency, completeness or delivery of any User Content.  The applicable user providing such User Content is responsible for the accuracy, content, currency, completeness, and delivery of the User Content provided by such user. Each user who provides User Content represents and warrants that the User Content provided by the user is accurate, current, and complete.  Each user who provides User Content shall indemnify us for any and all losses or damages we may incur regarding or related to the accuracy, content, currency, completeness or delivery of the applicable User Content pursuant to the indemnification provisions of these Terms of Use.

  1. Account Registration.

When you sign up to access our dashboard or to use our Services, you will initially be required to register and provide certain information, including, but not limited to, your name, email address and phone number (“Account Data”). In registering and providing the Account Data, you represent and agree that: (a) the information you are providing about yourself is true, accurate, current and complete; (b) you will maintain and promptly update your Account Data to keep it true, accurate, current and complete; (c) you are 18 years of age or older; (d) your use of the Services will not violate any applicable laws or regulations; (e) take all reasonable precautions to safeguard access to your password and to prevent unauthorized access to or use of the Services; (f) promptly report to us any unauthorized use of your login information or the Services of which you become aware; (g) ensure that you log out from your account at the end of each session; and, (h) your membership is for your sole use and you will not authorize others to use your account. If we discover or have reason to suspect that you have provided is untrue, inaccurate, not current or incomplete Account Data, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Services. If you select a home to rent you will be asked to complete and submit an application. That application will request certain personally identifiable information from you (such information, as well as your Account Data, is collectively referred to as “Personal Information”).

  1. Your Account. We reserve the right to delete your account and refuse any and all current or future use of the Site (or any portion thereof) without notice if you are found to have misrepresented your age, identity, or any other information submitted in connection with your account or if we have reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current. You are responsible for maintaining the confidentiality of your password, your email address, and your account, and are fully responsible for all activities that occur under your password and your account. You agree to: (i) immediately notify us of any unauthorized use of your password or account, or any other breach of security, (ii) immediately change your password if you become aware that your account has been compromised, (iii) ensure that you fully exit from your account at the end of each session. You agree and acknowledge that you will not allow others to utilize your account and that you will not disclose your password to anyone. You will be solely responsible for safeguarding your password and also for any actions under your password and account, whether authorized by you or not. If you lose control of your password, you may lose substantial control of your personal information and could potentially be subject to legally binding actions taken on your behalf. You further agree not to use anyone else’s password on the Site or attempt to gain access to the account of any other user. WE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
  2. Privacy Policy and Your Personal Information.By submitting Personal Information and in order for us to provide you with the Services, you hereby consent to our use and sharing of your Personal Information and materials as described in our Privacy Policy. In the event of a conflict between the applicable Privacy Policy and these Terms, the Privacy Policy shall take precedence. In addition, you hereby represent and warrant that your Personal Information does not and will not, directly or indirectly, violate, infringe or breach any duty toward or rights of any person or entity, including without limitation any Fair Housing, Housing and Urban Development (HUD), copyright, trademark, trade secret, other intellectual property, publicity or privacy right.
  3. Renter Screening.As part of the rental application process, you may be asked to submit Personal Information (which may include documents containing Personal Information) through our Site or through the Honeybadger site for the purpose of conducting a renter application review, background check, screening or the like (a “Screening”). Personal Information that you submit through the Site for the purpose of such Screening shall be treated in accordance with the Privacy Policy. Your submission of Personal Information requested for a Screening shall constitute your consent to the Screening process. Screenings also may be governed by other ResiHome requirements as may be disclosed to you in connection with the Screening.  You may also be asked to pay an application or administrative fee.
  4. Except as expressly provided below, any payments you submit through the Site including holding fees, rental payments fees, and for any services, are for Services provided by our contractors or us. ResiHome or other companies may collect these fees directly from users as provided by the Site or the Services. You acknowledge these fees are subject to change. Services-specific terms may set out further terms applying to such payments (including in relation to refunds (if any), billing arrangements and any consequences of failing to make timely payments). You must comply with all such terms in relation to such payments by you.
  5. Rental Agreements.Any rental agreements that you enter into through the Site (including but not limited to those agreements for which you electronically sign a lease or rental agreement) are separate agreements and are distinct from these Terms.
  1. Unauthorized Use of Your Account.

You are responsible for keeping your account login credentials (user name and password) confidential and not sharing them with unauthorized users. If you disclose your login credentials to someone, you are responsible for any use, disclosure, additions, deletions, and modifications of your information. We shall not be held liable, in any way (including), but not limited to, any breach or use of your Data, to you or any third party, if your account is hacked or otherwise accessed by an unauthorized person or party, other than to the extent such unauthorized assess is directly due to our negligence.

  1. RESIHOME’S PRIVACY POLICY

We collect, store and use data collected from you in accordance with our Privacy Policy, located at https://resihome.com/privacy

The terms and conditions of the Privacy Policy are hereby expressly incorporated into these Terms of Use.

  1. THIRD PARTY WEBSITES AND ADVERTISING

The Site may provide, or third parties may provide, links to other websites or resources on the Internet.  Because we have no control over such websites or resources, you acknowledge and agree that we are not responsible for the availability of such external websites or resources, and we do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such websites or resources or for any privacy or other practices of the third parties operating those websites or resources.  Such sites may allow you to locate marketed real estate properties and associated real estate services. Unless otherwise explicitly stated, these properties and services have no legal relation to the services and applications we provide. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such Content, goods or services available on or through any such website or resource. We strongly encourage you to review any separate terms of use and privacy policies governing use of these third party websites and resources.

  1. YOUR OBLIGATIONS TO US

You hereby represent and warrant to us that: (a) you (i) have reached the age of majority in the jurisdiction where you reside (generally 18, 19 or 21 years of age depending on the jurisdiction), (ii) are an emancipated minor under the laws of your jurisdiction of domicile and/or residence, (iii) possess legal parental or guardian consent or (iv) otherwise have the power and authority to enter into and perform your obligations under this Agreement; (b) all information provided by you to us is truthful, accurate and complete; (c) you are an authorized signatory of the credit or debit card or other method of payment that you provide to us or its third-party payment processor to pay the purchase price and any applicable fees or taxes related to your purchases of products and/or services via the Site; (d) you will comply with the terms and conditions of these Terms of Use and any other agreement to which you are subject that is related to your use of the Site, Content or any part thereof; (e) you have provided and will maintain accurate and complete registration information with us, including, without limitation, your legal name, email address and any other information we may reasonably require; (f) your access to and use of the Site or any part thereof and/or purchase and use of any products or services will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject; (g) you will immediately notify us in the event that you learn or suspect that your registration information, username or password has been disclosed or otherwise made known to any other person; (h) you will not use the Site in order to gain competitive intelligence about us, the Site or any product or service offered via the Site or to otherwise compete with us or our affiliates; and (i) if you purport to be the agent of, represent or otherwise act on behalf of an entity or any other person, that you are in fact an authorized representative of such entity or other person.

In the event that you provide any User Content, you hereby make the following additional representations and warranties to us: (1) you are owner of such User Content or otherwise have the right to grant us the licenses or assignments granted pursuant to this Agreement; (2) you have secured any and all consents necessary to post the User Content and to grant the foregoing licenses or assignments; (3) the User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such User Content does not contain any personally identifiable information about third parties in violation of such parties’ rights; (4) the use of any User Content will not result in harm or personal injury to any third party; and (5) all factual information contained in the User Content is true and accurate; and (6) you understand all applicable disclaimers stated in Section 14.

  1. PROHIBITED USES

You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Site or any part thereof, which includes, without limitation: (a) use of the Site to post, store or disseminate material or information that, is or to a reasonable person may be false, fraudulent, unlawful, harmful, tortious, abusive, obscene, pornographic, defamatory, libelous, harassing, invasive of another’s privacy, offensive, vulgar, threatening, malicious, hateful or racially, ethnically or otherwise objectionable; (b) use of the Site to post, store or disseminate Content, files, graphics, software or other material or information that actually or potentially infringes the rights of any person, including, without limitation, the copyright, trademark, patent, trade secret or other intellectual property rights, or privacy, moral or publicity rights, of any person; (c) use of the Site to interfere, disrupt or attempt to gain unauthorized access to other accounts on the Site, to restricted portion of the Site, to Content, or any other computer network or equipment; (d) use of the Site to post, store or disseminate viruses, Trojan horses or any other malicious code or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment; (e) use of the Site to post, store or disseminate any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation; (f) use of any manual or automated software, devices or other processes to “crawl” or “spider” any web pages contained in the Site (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, service or other data from the Site); (g) use of the Site to gain competitive intelligence about us, the Site or any product or service offered via the Site or to otherwise compete with us or its affiliates; (h) framing or otherwise simulating the appearance or functions of the Site or any portion thereof; (i) harvesting or otherwise collecting any information about other users, including, without limitation, email addresses or other contact information of other users; or (j) use of the Site to engage in any activity that, as determined by us, may intentionally or unintentionally violate these Terms of Use, violate any applicable laws or regulations or conflict with the spirit or intent of these Terms of Use.

  1. FUNCTIONALITY

We use reasonable efforts to maintain the Site, but we are not responsible for any defects or failures associated with the Site, any part thereof, any Content posted using the Site or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures.  The Site and affiliated sites (redirection) may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures or repairs which we may undertake from time to time, or (c) causes beyond our control or which are not foreseeable by us.

  1. DISCLAIMER

TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SITE, ANY CONTENT AND ANY PRODUCTS OR SERVICES PROVIDED VIA THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK.  We make no warranties of any kind either express or implied, including without limitation, any warranties of merchantability or fitness for a particular purpose, or warranties based on course of dealing or usage in trade. ResiHome disclaims any and all liability to any person or entity for the proper performance of or accuracy of representations made in of the Site. User shall not construe information presented on the Site or submitted through the site as creating, manifesting, or establishing any relationship between the User and ResiHome and/or assets owned or managed by ResiHome. WE ARE NOT AND SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR INFORMATION, DOCUMENTS, AGREEMENTS, OBLIGATIONS OR OTHER INTERACTIONS BY, BETWEEN OR AMONG USERS AND SUCH THIRD PARTIES THROUGH THE SITE. UNLESS OTHERWISE EXPLICITLY STATED, ANY FINANCIAL TRANSACTIONS OCCURRING ON THE SITE DO NOT IMPART ANY OWNERSHIP OR LEASEHOLD INTEREST IN PROPERTY, NOR DO THEY INITIATE A LEASE TERM OR CREATE AN OPTION FOR THE USER CONCERNING THE PURCHASE OR LEASING OF PROPERTY. ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED BY YOU THROUGH THE SITE OR ANY PRODUCT SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

  1. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES PURCHASED OR RETAINED VIA THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR OTHERWISE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE SITE, ANY CONTENT OR THE PURCHASE OF OUR PRODUCTS OR SERVICES: (E) RELIANCE BY YOU ON ANY INFORMATION OBTAINED IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS.  TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE, SUBMITTING HOLDING FEES, AND OTHER APPLICABLE USER INTERACTIONS WITH THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  1. INDEMNIFICATION

You agree to defend, indemnify and hold harmless us and our officers, members, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of the Site or any part thereof, (b) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under this Agreement, (c) infringement or misappropriation of any intellectual property or other rights of ours or third parties by you, (d) any negligence or willful misconduct by you, (e) any other claim related to your performance under this Agreement, or (f) your use of any Content, services or products provided by us.

You agree to defend, indemnify and hold harmless us and our officers, members, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with (a) any claim that the User Content you provide infringes or misappropriates any intellectual property or other rights of ours or third parties, (b) our use of any User Content you provide, and (c) any claim brought by a third party against us relating to the User Content you provide.

  1. TERM AND TERMINATION

This Agreement is effective upon your unequivocal acceptance as set forth herein and shall continue in full force until terminated.  You agree that we, in our sole discretion, may terminate your use of the Site or any part thereof upon prior notice, and remove and discard any Content, in the event, you violate these Terms of Use.  You agree that we may immediately suspend your account and your access to the Site or any part thereof in order to conduct an investigation if there is reasonable belief you have violated these Terms of Use or if it determines that you are a repeat infringer of another’s intellectual property or other rights.  We may also, in its sole discretion and at any time, discontinue providing the Site, any part thereof, any Content or any products or services advertised thereon, with or without notice.  In addition to any other method of termination or suspension provided for in this Agreement, we reserve the right to terminate this Agreement at any time and for any reason upon ten (10) days’ notice to you.

Further, you agree that we are not liable to you or any third-party for any termination or suspension of your access to the Site or any part thereof, or the removal of Content.  You may terminate this Agreement at any time by immediately discontinuing all access to the Site and by providing notice to us of such discontinuance.  Termination or cancellation of this Agreement shall not affect any right or relief to which we may be entitled at law or in equity.  Upon termination of this Agreement, you shall terminate all use of the Site and any Content provided thereby.  In the event of termination, you will not be entitled to any refund of any fees or other charges, if any, paid in connection with this Agreement.

  1. ACCESS THROUGH MOBILE DEVICES

Your contract with your mobile network provider (“Mobile Provider”) will continue to apply when accessing or using the Site on your mobile, handheld device (“Mobile Device”). You understand that your Mobile Provider may charge you fees for your use of its network connection services while accessing or using Services, for data downloading, e-mail, text messages, for roaming, and other Mobile Provider or third party charges. YOU ACCEPT RESPONSIBILITY FOR ALL MOBILE PROVIDER FEES.

  1. AGREEMENT TO ARBITRATE

All disputes arising out of, or relating to, this Agreement (including formation, performance, breach, enforceability, and validity of this Agreement) or our operation of the Site shall be resolved by final and binding arbitration to be held in the English language in Atlanta, Georgia, pursuant to the rules of the American Arbitration Association.  The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to, any claim that all or any part, of this Agreement, is void or voidable.  Further, if you are located outside of the United States, we retain the right to bring proceedings against you for breach of this Agreement in your country of residence or any other appropriate country.

Without prejudice to the agreement to resolve disputes in binding arbitration set forth in the previous paragraph, either party to this Agreement may obtain preliminary injunctive relief in the Circuit Court of Fulton County, Georgia, located in the City of Atlanta, GA, for the purpose of enforcing any of the terms of this Agreement pending a final determination in arbitration or permanent relief for the purpose of enforcing arbitral awards.

  1. CLASS ACTION WAIVER

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under these Terms or any disputes between the parties. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

  1. GOVERNING LAW AND OTHER MISCELLANEOUS TERMS

The parties and their respective personnel are and shall be independent contractors, and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.

You acknowledge and agree that any expenses that you incur in furtherance of this Agreement are voluntary in nature and are made with the knowledge that this Agreement may be terminated as provided herein.  You shall not make a claim against us, and we will not be liable with respect to the recoupment of any expenditures or investment made by you in anticipation of the continuation of this Agreement beyond the term hereof.

The parties agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to us which would be both difficult to ascertain and which would not be compensable by damages alone.  As such, the parties agree that we have the right to enforce the provisions of this Agreement by injunction (without the necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies we may have for your breach of this Agreement.

The validity and effect of these Terms of Use shall be governed by, and construed and enforced in accordance with, the laws of Georgia, without regard to its conflicts or choice of law principles.  ANY SUIT, ACTION OR PROCEEDING CONCERNING OR RELATING TO THE SITE, ITS USE, THESE TERMS OF USE, ANY SALE OR ANY OTHER PRODUCT, SERVICE, POLICY OR PROCEDURE OF OURS, MUST BE BROUGHT EXCLUSIVELY IN A COURT OF COMPETENT JURISDICTION IN GEORGIA, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING, YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT OR IMPROPER FORUM.

If any action at law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.

The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting and construing this Agreement.

If the performance of any part of this Agreement by either party (other than payment of money) is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor dispute, act of God, telecommunications failure or any other cause beyond the control of either party, that party shall be excused from such performance to the extent that it is prevented, hindered or delayed by such cause.

This Agreement, including any other agreements or additional terms referenced herein, constitutes the complete and exclusive statement of the Agreement between the parties with respect to the Site, Content and products and services offered via the Site, and, unless otherwise expressly provided herein, it supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Site, Content and products and services sold via the Site.  If any provision of this Agreement is found unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision.  As so reformed or modified, the court shall fully enforce this Agreement.  The provisions of this Agreement that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period.

The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement.

We make no representation that the Site, Content or other material or information on the Site is appropriate to or available in locations outside of the United States. You may not use the Site or export Content in violation of United States export laws, regulations or restrictions. If you access the Site from outside of the United States, you are responsible for compliance with all applicable laws.

  1. NOTICES

You can contact us through the Services or by e-mail. Unless you tell us otherwise, or the law requires otherwise, you agree to receive all communications from us by e-mail or through posting notices to your Services account. You are responsible for providing us with up-to-date contact information.  You agree that all communications that we send to you electronically satisfy any legal requirement that a communication is in writing. You may choose to receive legal notices in paper form through the mail if you tell us you do not want legal notices sent electronically. You may print the communications for your records. If you choose paper form, legal notices will be sent to you in paper form by postal mail or as otherwise permitted or required by law. All other communications not required by law to be in paper form will be sent electronically. To tell us you do not want legal notices sent electronically, to update your contact information for receiving legal notices, and for any other notices under this Agreement, send the notice in writing and by certified and registered mail to the address below.

CONTACT US

Please contact us via e-mail at terms@resihome.com.