Effective September 15th, 2018
1. Acceptance of Terms
We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site and Offerings after such modifications will constitute acknowledgment and acceptance of the modified Terms.
As used in these Terms, references to our “Affiliates” include our owners/members, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, in their individual and business capacities, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents and Offerings available on this Site.
BY REGISTERING AND/OR USING THIS SITE AND OFFERINGS ON THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, PRODUCTS, OFFERINGS OR OFFERINGS AVAILABLE ON THIS SITE, OR THESE TERMS IS TO CEASE USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS, OFFERINGS OR OFFERINGS.
2. Service Offerings Information
a. Offerings: The Company provides a technological Platform on which people or entities that wish (and have the right) to rent or lease or sublet their properties (“Landlords”) may propose to us property rental listings (“Listings”) and may accept/offer and manage such Listing and or leasing services such as certain payment and property management repair services through our Site and/or Platform. The Company also provides people who wish to rent or lease or sublease such properties (“Renter(s)”) listed by such Landlords a Platform on which they may search for, obtain information regarding, and potentially arrange and complete rental transactions for such property Listings and potentially use the Site and/or Platform to pay a Landlord or other property service provider and initiate service and repair requests.
b. Nature of Offerings. You acknowledge and agree that:
- a. The Company does not participate in any actual lease transactions, including, without limitation, negotiations, discussions, or proposals, and you expressly waive any requirement that purports to impose on the Company an obligation to perform any services other than those expressly undertaken by the Company
- b. The Company does not render legal, brokerage, or other professional advice or services to either its Renter or Landlord customers
- c. The Company is not undertaking any, and has no, duties to either Renters or Landlords, including, without limitation, the obligation to inspect rental properties, to verify the veracity of information contained in an advertisement, or to interview or otherwise screen Renters
c. No Guarantee. Although Company works hard to provide quality Offerings, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site or Offerings available on this site.
d. Temporary Interruptions. You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Offerings. You agree that the Offerings available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
e. Mobile Device Offerings. If we make the Services available as an application for mobile devices (“Application”), then subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. We reserve all rights in the Application not expressly granted to you by these Terms. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. In the event you are accessing the Services via an application on a device provided by Apple, Inc. (“Apple”) or an Application obtained through the Apple App Store (each, an “Apple Store Sourced Application”), the following shall apply:
- a. Both you and we acknowledge that these Terms of Service are concluded between you and us only, and not with Apple, and that Apple is not responsible for the Application or the Content;
- b. The Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Service as they are applicable to the Services;
- c. You will only use the Application in connection with an Apple device that you own or control;
- d. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- e. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
- f. You acknowledge and agree that we, and not Apple, are responsible for addressing any claims you or any third party may have in relation to the Application;
- g. You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, we, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- h. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- i. Both you and we acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
- j. Both you and we acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Service, and that upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as the third party beneficiary hereof.
a. Fees: The Company may charge you a fee to use the Services and will disclose the fee to you prior to processing your rental transaction (“Transaction Fee”). The Transaction Fees are charged by the Company for providing the value added Services as described herein. In some instances, the Landlord shall have sole discretion in determining whether Landlord or the Renter will be responsible for payment of Transaction Fee. If Landlord is responsible, the Transaction Fee will be deducted from the amount sent forth as a credit to the bank account assigned by the Landlord for the express purpose of collecting the submitted amount. If Renter is responsible, the fee shall be added on and included in the cost of all payments (including security deposits and rental payments) made between Renter and Landlord. If not otherwise stated, the Landlord will be responsible for the fee. The Transaction Fee must be Paid by Renter or Landlord at the time that Renter makes such lease payments or security deposit payments to Landlord consummating the transaction. Our Transaction Fee is not fixed by statute, but we believe that it is a competitive rate and reasonable for the Services we provide. You acknowledge and agree that you are obligated to pay us the Transaction Fee as set forth above even if Renter and Landlord complete a rental transaction for Listing independent of the Site or Service. Please note that any payment terms presented to you in the process of using or signing up for a Service are deemed part of these Terms.
b. Payment and Billing: Except as otherwise set forth above, Renters and Landlords must pay us for Services as and when reasonably requested by us. Amounts you owe to third parties (e.g. for rent, background checks, and utility bills) shall be payable as mutually agreed between you and the relevant other party. If we are collecting any such background check expenses, application processing fees or the like, we will inform you of the payment terms applicable thereto separately, and you shall pay us as specified in such terms. We may use a third-party payment provider (the “Payment Provider”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Provider in addition to these Terms. We are not responsible for error by the Payment Provider. By choosing to use our Services, you agree to pay us, through the Payment Provider, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Provider, to charge your chosen payment source (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
c. Payment Method: The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If the Renter chooses to pay by means of credit card or debit card, the Renter will be responsible for an additional convenience fee (“Convenience Fee”) in the amount of two percent (2.75%). If the Company, through the Payment Provider, does not receive payment from the Tenant, the Tenant agree to pay all amounts due on Tenant Billing Account upon demand.
When submitting a payment using the ACH method, Renter authorizes the Company to debit the bank account listed in the submission form in the amount indicated. Renter certifies that he or she is authorized to submit a debit to the listed bank account in the agreed upon amount. In the result that the information submitted is proven to be fraudulent in any way, Renter will be held responsible for any and all penalties (including those of a legal or financial nature). Renter understands that because this is an electronic transaction, these funds may be withdrawn from the submitted account as soon as the transaction date triggers in the ACH form. In the case of an ACH Transaction being rejected for Non-Sufficient Funds (“NSF”) Renter understands that the Company may at its discretion demand payment and/or attempt to process the charge again within 30 days. The Company may charge an additional $25 fee for each ACH Transaction returned due to NSF. Renter acknowledges that the origination of ACH transactions to their account must comply with all provisions of U.S. law. Renter will be provided notification via email of a successful submission. This notification does not certify that the Company has successfully collected the funds, only that the submission has been recorded. Renter will additionally be provided an invoice record (“Invoice Record”) indicating the date, method, and amount of the transaction. Renter will indemnify and hold harmless the Company debiting their checking/savings account, permitting the transaction corresponds to the terms indicated in the web form as indicated at the time of submission, and as stored and readily accessible in the Renter’s Invoice Record. The Company reserves the right to engage a third party to authenticate balances in Renter’s bank account.
e. No Refunds or Deductions: Fees paid and/or payable to us are non-refundable for any reason, even if we terminate your account, if you are evicted, or if a Renter does not pay their rent for the Listing. You may not make any deductions from our Fees for amounts you might owe to third parties for any reason. You acknowledge and agree that you are solely responsible for the fees, commissions and other charges owed to third parties in connection with any property, and you have no right to deduct such amounts from our Fees.
f. Disbursements: Rental payments submitted to us by Renters prior to the date that such rent is due to be paid to the Landlord shall be held by the Company in a non-interest bearing account until the date that such payment is due (as indicated by the Landlord), at which point the Company will send the rental payment to the Landlord. The Company shall not be responsible for any liability arising from the disbursement of rental payments to an incorrect party if such disbursement was based on information provided by the Landlord or Renter. The Company is not responsible for verifying the accuracy of such information at any time.
g. Taxes: You agree to be and are responsible for withholding, filing, and reporting all taxes (except our U.S. income taxes), duties and other governmental assessments associated with your activity on the Services, including, without limitation, any payments made or received in connection with a rental transaction. If we are required by federal tax law to collect IRS Form W-9 from all property owners in the United States, you will promptly comply with any such request for completed forms and relevant information. You understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisers. We cannot and do not offer tax-related advice. Each Landlord is also responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings.
h. If you choose to purchase one or more of the Offerings provided on our Site, you agree to pay all fees associated with the Offering.
4. Rules Regarding Conduct, Posting Policies & Third Party Websites
a. Renters: If you are a Renter you (i) shall pay for all accommodations rented or leased by you; (ii) shall not manipulate or circumvent our fee structure, the billing process, or fees owed to us, (iii) are responsible, and we are not responsible, for complying with the terms of any rental agreement you enter into, (iv) are responsible for your own acts and omissions and those of your guests at the properties that are the subject of the Listings.
b. Landlords: If you are a Landlord, you (i) represent and warrant that you own the properties that are the subject of your Listing or have all legal and contractual rights to make the Listing available and complete a rental transaction with respect thereto, (ii) shall not store any personally identifiable information about any other user other than for purposes of completing and fulfilling a rental transaction, (iii) shall not submit any listing information with false or misleading information, and (iv) are solely responsible for your Listings, your properties, and any rental transactions you enter into, and that none of the foregoing will (a) breach any agreement or obligation to any third party (including, without limitation, a property rental agreement or HOA agreement), or (b) violate any applicable law, rules or regulations (including, without limitation, anti-discrimination, housing, zoning laws and ordinances and local, state, and federal rental laws). Nothing herein or on the Services shall be considered legal advice and we assume no responsibility for your compliance with the law. We recommend that you obtain appropriate insurance for your properties to cover the risks associated with being a Landlord and renting your property. We reserve the right, at any time and without prior notice, to remove or block any Listing for any reason or no reason.
COMPLIANCE WITH FAIR HOUSING ACT. Landlord agrees that it shall not refuse to display, lease or sublease property posted on the Service to any person due to such person’s race, color, religion, national origin, sex, familial status or physical disability and shall comply with the provisions of the Fair Housing Act 42 U.S.C. §§ 3601 et. seq.), as it may hereafter be amended from time to time, and with all applicable state and local fair housing laws.
c. Renters & Landlords: You shall not: (i) manipulate the price or description of any Listing without proper authorization, (ii) interfere with other user’s Listings, (iii) recruit, solicit or encourage any other user to use third party services or websites that are competitive to ours, (iv) use the Site or Services to find a Listing, Landlord, or Renter and then complete a rental transaction independent of the Site or Services in order to circumvent the obligation to pay any fees related to our provision of the Services, (v) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure, (vi) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services, (vii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services), (viii) run any form of auto-responder or “spam” on the Services; (ix) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site, (x) harvest or scrape any Content from the Services, (xi) otherwise take any action in violation of our guidelines and policies, (xii) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any Application), except to the limited extent applicable laws specifically prohibit such restriction, (xiii) modify, translate, or otherwise create derivative works of any part of the Services, or (xiv) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
Further, in order to use and continue to use the Services, you represent and warrant that: (i) upon request, you will provide information and/or documents about yourself that is true, accurate, current, and complete; and (ii) where applicable, advise the Company of updates to your information to keep it true, accurate, current and complete. You acknowledge that the Company is relying on your representations as a condition of providing you with the Services. If you provide information that is untrue, inaccurate, not current or incomplete, or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company, without limiting any other remedies, reserves the right to suspend or terminate your access to the Service and to hold any funds that you submitted through the Services. You may not and agree not to use the Service for any illegal purpose or in any manner inconsistent with this Agreement. You acknowledge that if required by applicable law, the Company may hold any funds that you submitted through the Services. The Company and its Affiliates are not liable for any damages or losses resulting from untrue, inaccurate, not current or incomplete information provided by a Renter or Landlord.
d. User-Created Content Guidelines: Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for any content or information or posts you leave on the Site. By posting information on the Site or allowing any third party or agent to use or post information on this Site on your behalf, or by otherwise using or having a thirty party use any communications service, or other interactive service available on the Site, you agree that you will not post comments, messages, links, code or other information that:
- a. is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;
- b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- d. consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- e. contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;
- f. breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this Site, or attempts to gain access to other network or server via your account on this Site;
- g. impersonates any person or entity, including any of our employees or representatives; or
- h. engages in any other conduct which, in the Company’s sole discretion, is considered unauthorized or objectionable.
e. No Endorsement: Renters and Landlords understand and agree that we are not a party to any agreement entered into between any users of this Site, whether or not that agreement is provided through the Services, and you acknowledge that you are solely responsible for your own legal review, interactions, correspondence, and transactions with other users of the Services, whether on the Site or Services, in person, or otherwise. Company urges that Renters and Landlords exercise good judgment and common sense, and conduct all necessary, appropriate, and prudent inquiry, investigation, research, and due diligence, and take all necessary precautions when interacting with others or posting content. Company neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Site. Although we do not pre-screen, police or monitor content posted on the Site, we and our agents reserve the right to remove in our sole discretion any and all postings that we feel do not comply with these Terms and any other rules of user conduct for our Site, or that we feel are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such postings.
f. Advertising: Some Services may be supported by advertising revenue, and you hereby agree that we may display advertising, promotions, sponsored listings, and the like on the Site, Services and on, around, and in connection with your Content.
g. Third-Party Sites and Information: This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either expresses or implied.
h. Promotions: From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
5. Company Intellectual Property
a. Content: For purposes of these Terms, “content” is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on our Site and is owned by Company or its Affiliates.
c. Limitations on Use of Content: Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from this Site in any form or by any means whatsoever without prior written permission from us. Any unauthorized use of Site content violates our intellectual property interests and could result in criminal or civil penalties.
d. No warranty for Third-Party Infringement Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.
6. Content You Create.
We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing Company-or User Content through our Designated Agent, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c). We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification.
If you believe that you or someone else’s copyright has been infringed by Company-or User Content provided on this Site, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to our Designated Agent immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:
- a. Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
- b. Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holders’ work(s) (for example, file name or URL of the page(s) that contain(s) the material);
- c. The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address);
- d. A statement that the Rights Holder has a good faith belief that the use of the material identified above in 2 is not authorized by the copyright owner, its agent, or the law;
- e. A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
- f. The Rights Holder’s electronic signature.
Notice may be sent to:
77 Milford Dr #251
Hudson, OH 44236
ATTN: DMCA Agent-Innago, 513-543-0759
Counter-Notification If material that you have posted to our Site has been taken down, you may file a counter-notification that contains the following details:
- a. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- b. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
- c. Your name, address and telephone number
- d. A statement that you consent to the jurisdiction of federal district court in the state of Ohio, Cuyahoga County, and that you will accept service of process from the person who provided notification in compliance with section 512 (c)(1)(C) of the DMCA, or an agent of such person.
- e. Your physical or electronic signature
Notice may be sent to:
77 Milford Dr #251
Hudson, OH 44236
ATTN: DMCA Agent-Innago, 513-543-0759
You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from our site without liability to you or any other party.
ALL CONTENT AND OFFERINGS ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT OR OFFERINGS WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, OFFERINGS OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR OFFERINGS OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR OFFERINGS PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND OFFERINGS AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR OFFERINGS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.
THE USE OF THE OFFERINGS OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any products or Offerings provided by any third party, including, but not limited to the purchase terms, payment terms, warranties, guarantees relating to such transactions, are agreed to solely between the seller of such merchandise and you.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OFFERINGS OR CONTENT AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
8. Limitation of Liability & Indemnification
Your exclusive remedy and our entire liability, if any, for any Claims (as defined below) arising out of these Terms and your use of this Site and our Services shall be limited to the amount you paid us for Offerings purchased on the Site during the twelve month (12) month period before the act giving rise to the liability.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR OFFERINGS OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
You shall be liable to the Company and its Affiliates for any and all Claims (as defined below) arising out of or in connection with (i) your misuse of the Service, or this Site; (ii) any breach (or, as to defense obligations only, any alleged breach) of your obligations in this Agreement or any breach of your representations, warranties, or obligations set forth in this Agreement; or (iii) your negligence, fraud, misrepresentation, willful misconduct, violation of applicable law, violation of card network rules, or infringement of the rights of any person or entity. Additionally, the Company and its Affiliates shall not be liable for any violation of law by the Landlord or the Renter.
You agree to defend, indemnify, and hold the Company and its Affiliates harmless from all Claims (as defined below) that may arise from your (i) use or misuse of this Site or the Services; (ii) breach of this Agreement; or (iii) violation of any laws. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
You further agree that because the company is an advertising venue, in the event that you have a dispute with one or more users, Landlords, or Tenants, you release the Company, its parent and Affiliates (and its respective officers, directors, agents, subsidiaries, joint ventures and employees, including in their individual capacities) from Claims, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
For purposes of this Agreement, “Claim” means an action, allegation, assessment, cause of action, cease and desist letter, charge, citation, claim, demand, directive, fine, lawsuit or other litigation or proceeding, or notice issued or submitted by, from or on behalf of a third party, including any governmental agency, and all resulting judgments, bona fide settlements, penalties, damages (including consequential, indirect, special, incidental or punitive damages), losses, liabilities, costs, and expenses (including, without limitation, reasonable attorneys’ fees, expenses and costs) incurred in connection therewith.
9. Termination of Use
a. Grounds for Termination: You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Site, and reporting you to the proper authorities, if necessary.
b. No Right to Offerings Upon Termination: Upon termination and regardless of the reason(s) motivating such termination, your right to use the Offerings available on this Site will immediately cease. We shall not be liable to you or any third party for any Claims arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1 and 3-9 of these Terms, as well as your liability for any unpaid fees, shall survive any termination.
10. Miscellaneous Provisions
a. International Use: Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States. Those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Service, and/or information made in connection with this Site is void where prohibited
b. Age Requirement: You represent and warrant that you are at least eighteen (18) years of age and that you have the right, authority, and capacity to enter into, perform your obligations under, and abide by these Terms of Service. If you are under the age of 18, you may not, under any circumstances or for any reason, use the Services.
c. Governing Law: This Site (excluding any Third Party websites) is controlled by us from our offices in Cuyahoga County, Ohio, and the statutes and laws of Ohio shall be controlling, without regard to the conflicts of laws principles thereof. You agree and hereby submit to the exclusive personal jurisdiction and venue of the federal or state Courts of Cuyahoga County Ohio with respect to any litigation, dispute, or controversies arising out or related to the Site, the Services, or Offerings of the Company
d. Notices: All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at firstname.lastname@example.org, if by email, or to our address at Innago LLC, 77 Milford Dr #251 Hudson, OH 44236 if by conventional mail. You agree to allow us to submit notices to you either through the email address provided, or to the address we have on record. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by U.S. mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.
e. No Resale Right: You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site or Offerings provided through this Site, beyond the limited rights granted to you under Section 5 of these Terms.
f. Third Party Rights: Except as otherwise stated in this agreement above, nothing herein is intended nor will be deemed, to confer rights or remedies upon any third party.
g. Force Majeure: In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and Offerings available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
h. Savings Clause: If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect
i. No Waiver: Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
j. Entire Agreement. These Terms constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.
k. Contact If you have any questions, complaints, or claims with respect to the Site, the Services, or these Terms, you may contact us at
Innago LLC 77 Milford Dr #251 Hudson, OH 44236