Last updated: October 10, 2018
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.
- 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.
- REVISIONS TO THIS AGREEMENT
- YOUR LICENSE TO ACCESS THE SITE AND CONTENT
- OUR INTELLECTUAL PROPERTY
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.
- 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 email@example.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.
- 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”).
- 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.
- 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.
- 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.
- 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.
- THIRD PARTY WEBSITES AND ADVERTISING
- YOUR OBLIGATIONS TO US
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.
- PROHIBITED USES
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.
- 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.
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.
- TERM AND TERMINATION
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.
- 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.
- 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.
- 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.
- 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.
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.
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.
Please contact us via e-mail at firstname.lastname@example.org.