Shuk, Inc. and/or its affiliates (“Shuk,” “us,” “we,” “our, or “the Company”) operates this website and the Shuk mobile application (collectively the “Shuk”).
You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and the Company. You are not authorized to use the Services unless you are at least 18 and able to enter into legally binding contracts. We do not knowingly collect the information of anyone under the age of 18.
1. The Services Provided by Shuk
The Shuk provides a venue, platform, or forum for communication. The Company is not a party to or responsible for any lease, rental agreement, or other transaction between users of the Services. While we encourage that any communication or transaction using the Services be conducted in a respectful, honest, non-discriminatory manner, all Users are solely responsible for their use of the Services.
The Shuk does not own or manage, nor can we contract for, any rental property listed on a Service or properties tracked, stored, or otherwise managed on the Servicer. The Shuk allows landlords, property managers, tenants, service professionals, vendors, and property owners (each, a “Member”) to offer for rent in a variety of pricing formats, a specific rental property to potential renters (each a “Tenant” and or “Member” and collectively the “Users”). Tenants and renters alike of any sort who utilize the Services (collectively referred to as "Users.” ) "Members" may also include property owners or managers who originally advertised their properties on another website and their listings have been redistributed on the Service. In the future, We also may offer tools for online leasing or other services to allow users to communicate, send maintenance requests, notices, and payments with each other and enter into rental agreements or other transactions. Such tools are used solely at the User’s discretion and risk. The Company is not responsible for any misunderstandings, miscommunications, misuse or wrongful dealings between Users. The Service is a platform or conduit for communication and is not to be held responsible for the statements or actions of its Users.
The Shuk is not a party to any rental or other agreement or contract between Users. Liability and enforcement of such agreements are left to the Users individually and solely. This is true even if the Service allows you to screen and create a lease connection and provides other ancillary products or services, as the Service may facilitate leasing rental or other tools, services, or products, but we are not a party to any rental or other agreement between Users. All notices and related documents are not legally reviewed or tailored to any specific geographical boundary by the Company. All Users are advised to consult with an attorney of their choice before utilizing any agreements or providing notices.
Any part of an actual or potential transaction between Users, including the quality, condition, safety, or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any review relating to any property), the ability of members to rent a property or the ability of Tenants to contract for properties are solely the responsibility of each User. Users acknowledge and agree that you may be required to enter into one or more separate agreements, waivers, or terms and conditions prior to making leasing or purchasing a product or service and may place additional restrictions on your leasing, product or service.
Responsibility for applicable laws, rules, and regulations: Users agree that they are responsible for, and agree to abide by, all laws, rules, and regulations applicable to their use of the Services, their use of any tool, service, or product offered on the Service and any transaction they enter into on the Service or in connection with their use of the Service.
Users further agree that they are responsible for and agree to abide by all laws, rules, and regulations applicable to the listing of their rental property and the conduct of their rental business, including but not limited to any and all laws, rules, regulations or other requirements relating to taxes, credit cards, data and privacy, permits or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable. Even though the Company is not a party to any rental transaction and assumes no responsibility or liability for legal or regulatory compliance pertaining to rental properties listed on the Service, there may be circumstances where the Company is legally obligated or compelled (as we may determine in our sole discretion) to provide information relating to your listing in order to comply with governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion. Members who accept credit card, banking, or other payment information from tenants agree to properly handle and safeguard all such information in accordance with applicable legal and regulatory requirements and best practices.
Warnings of Suspicious Activity: While we may assist Users to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability and have no obligation to take any such measures or actions. If we provide warnings or messages to users about any such activity, we do not warrant that such messages are accurate or that such messages will reach any or all Users they should have reached in a timely manner or at all, or that such messages or measures will prevent any harm or otherwise have any impact.
Use of the Service does not give Users ownership of any intellectual property rights in the Service or any content posted on the Service. You own what you post on the Service (unless you copied it from someone else) but you grant us a license to copy, host, display, create derivative works from, publish, publicly perform, display, distribute, and otherwise make use of in connection with providing the Service, all information and content you post so long as you have an active account. If you are a landlord and authorize us (by checking the appropriate box or boxes on our Service) to syndicate your rental listing on third-party sites, you further agree that we may grant sublicenses to applicable third parties as necessary to facilitate such syndication.
All Users also consent to allow the Service, the Company, and its approved agents to review any and all data in connection with fraudulent activity. In the event fraud is suspected, the User’s account will be frozen and risk being deactivated. Local and federal authorities may be contacted and prosecution may result.
2. Limited License to Use the Service.
Users are granted a limited, revocable, non-exclusive license to access the Service and the content and services provided on the Service solely for the purpose of advertising a rental property, searching for a property, purchasing or researching (for the purpose of inquiring about purchasing) any of the products or services offered on any Service, participating in an interactive area hosted on any Service or for any other purpose clearly stated as a Service, all in accordance with the Terms. Any use of the Service that is not for one of these purposes or otherwise in accordance with the Terms or as otherwise authorized by us in writing is expressly prohibited.
THE SERVICE IS PROVIDED “AS-IS” WITHOUT PROMISES OF ANY KIND. NEITHER WE NOR OUR SUPPLIERS/THIRD PARTY VENDORS WARRANT OR GUARANTEE UPTIME OR AVAILABILITY OF THE SERVICE, THAT THE SERVICE WILL MEET OR CONTINUE IN THE FUTURE TO MEET YOUR NEEDS, OR THAT WE WILL CONTINUE TO PROVIDE THE SERVICE OR ANY ASPECT OF THE SERVICE IN THE FUTURE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES FOR THE SERVICE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SEAWORTHINESS, AND NON-INFRINGEMENT.
3. Unauthorized Uses of the Service.
The license to use the Service only extends to the uses expressly described herein. The license to use the Service granted to Users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or derivative use of the Service nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines that use tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engines” do not include a website or search engine or another service that provides classified listings or property rental advertisements, or any subset of the same or which is in the business of providing property rental services or other services that compete with us.
Unauthorized uses of the Service also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously specifically agreed to by us:
Any commercial use (other than by members with a fully paid-up subscription in good standing (a “valid subscription”) or by Members pursuant to a valid license to software offered on a Service (a "valid license") of the Service or any content on the Site;
Any use of the Service or the tools and services on the Service for the purpose of leasing or soliciting a rental for a property other than a property listed under a valid subscription;
Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever;
Reproduce any portion of the Service on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Service, or other framing technique to enclose any portion or aspect of the Service, or mirror or replicate any portion of the Site;
Deep-link to any portion of the Service without our express written permission;
Modify, translate into any language or computer language, or create derivative works from, any content or any part of the Service;
Reverse engineer any part of the Service;
Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties;
Use any robot, spider, scraper, another automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the Site;
Use the Services and its inquiry functionality other than to advertise and/or research rentals, to make legitimate inquiries to our members or any other use expressly authorized on the Service;
Use the Services or post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability;
Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
Violate, plagiarize or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or
Use or access the Service in any way that, in our sole discretion, adversely affects or could adversely affect the performance or function of the Site or any other system used by us or the Site.
If you are aware of or experience any content, activity, or communication through or in connection with the Services that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by contacting us as set forth under "Contact Us" below.
4. Proprietary Rights and Downloading of Information from the Shuk.
The Services and all content and information on the Shuk are protected by copyright as a collective work and/or compilation, pursuant to applicable U.S. and international copyright laws and conventions and database rights. You agree to abide by any and all copyright notices, information, or restrictions contained in or relating to any content on the Site. Copying, storing, or otherwise accessing the Site or any content on the Site other than for your personal, non-commercial use (other than in accordance with a valid subscription) is expressly prohibited without prior written permission from us.
As part of the rental inquiry process, for your own personal, non-commercial use and not for further distribution, you may download, display, and/or print one copy of any portion of the Site. You may not modify the same, and you must reproduce our copyright notice in the form displayed on the relevant portion(s) of the Service that you desire to download, display, or print.
Each User acknowledges and agrees that, regardless of such User’s physical location, we may store and process any data transmitted to the Site from such user at locations both within and outside of the United States.
In the event that you use any of our tools that we may from time to time offer that integrates in any way with a third-party website to which you have provided data or information, you acknowledge and agree that such third-party website is responsible for how the data or information you have provided to such website is handled.
6. Identity Verification.
User verification on the Internet is difficult and we cannot, and do not, assume any responsibility for the confirmation of any User's purported identity. We encourage you to communicate directly with other Users through the tools available on the Services, though even this does not assure you of the identity of the person or entity with which you are communicating. We further encourage you to take other reasonable measures to assure yourself of the other person’s or entity's identity and, for tenants, of the property and relevant details of your leasing or proposed leasing.
You agree to (i) keep your password and online ID for both your account with us and your email account secure and strictly confidential, providing it only to authorized users of your accounts, and (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. Further, if we suspect any unauthorized access to your account, upon our request, you agree to promptly change your ID and password and take any other related activities as we may reasonably request.
We discourage you from giving anyone access to your online ID and password for your account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us or your email account, even those transactions that are fraudulent or that you did not intend or want to be performed.
Landlords that have utilized our “verification” use and trust this at their own risk and applicants, tenants or potential users do so at their own risk. The Company provides this for limited use to verify its own information provided and cannot confirm any Users are who they say they are, have access to what they are renting, or is a responsible party with which to make a transaction. All Users engage, transact and communicate at costs, liability, and risk of their own and responsibility is not to be shared by the Company.
EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S ID OR PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH THE COMPANY AND OTHER USERS. Further, we may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.
7. Limitations on Communications and Use of Other User's Information; No Spam.
You agree that, with respect to other Users' personal information that you obtain directly or indirectly from or through the Service or through any Service-related communication, transaction, or software, we have granted you a license to use such information only for: (a) Shuk-related communications that are not unsolicited commercial messages, (b) using services offered through the Services, and (c) inquiring about or otherwise facilitating a financial transaction between you and the other User related to the purpose of the Site (such as inquiring about or leasing online leasing or charging a personal credit card). Any other purpose will require express permission from the user. You may not use any such information for any unlawful purpose or with any unlawful intent.
In all cases, you must give Users an opportunity to remove their information from your address book or database or other records and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another user to any third party without both our consent and the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.
We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a User, even a User who has rented a property from you or to you, to your mailing list (email or physical mail) without the User's express consent. You may not use any tool or service on the Services to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. You are responsible for all content you provide to the Services or through any tool or service provided on the Site.
Messages within The Website are protected for private use but available to The Company limited staff for reviewing in the event the user is suspected of being fraudulent or participating in fraudulent activities.
8. Responsibility for Property Listings, Reviews, and Other User-contributed Content; Participation in Interactive Forums.
We have no duty to pre-screen content posted on the Shuk by Users, whether directly contributed by the User or contributed by us or a third party on behalf of the User (including, without limitation, property listings, reviews of a rental property, participation in an interactive community, forum or blog (each an “Interactive Forum”) or any other content provided by a user to the Services), (collectively, “User-contributed Content”). We are not responsible for User-contributed Content. “User-contributed content” also includes information that a user or any other person provided to a third-party website or mobile application which is then provided to the Shuk by a tool we offer or any other exchange of user-contributed content we have authorized.
We reserve the right to decline to permit the posting on the Site of or to remove from the Site any user-contributed content that fails to meet our Content Guidelines, any other guidelines posted on a Site, or if it otherwise violates these Terms, each as determined in our discretion. We may also remove user-contributed content if it is brought to our attention, such as by notice given to us by a user or any third party that any part of these Terms, or any other requirements governing the posting of such content, has/have been apparently breached in respect of such content, as determined by our consent. Finally, we reserve the right but do not assume the obligation, to edit a member’s content or user-contributed content in a non-substantive manner solely to cause the content to comply with our content guidelines or formatting requirements or to provide services to members to create or improve on listings (such as translation services), in accordance with the information we have about the property listed. Users remain solely responsible for reviewing their User-contributed Content to ensure it is accurate and not misleading.
At a minimum, User-contributed Content must (as determined by us at our discretion):
not infringe anyone's rights, violate the law, or otherwise be inappropriate;
not include personal information of another that can be used to identify or contact any person;
not include unsolicited promotional content, advertising, political campaigns, contests, raffles, or solicitations;
be directly related to the Site, business service, product, or forum where the content is submitted;
not be obscene, abusive, discriminatory, or illegal content; or
not be false or misleading.
not direct to competitor websites or services. This includes, but is not limited to, other real estate listing websites or services that offer similar services to ours. Links that are found to direct to competitor websites may be removed, and repeated offenses may result in account suspension or termination.
Property Listings: All property listings on the Site are the sole responsibility of the Member (who may be the owner or a property manager or duly authorized property manager or agent of the owner) and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, reviews, or any alleged breaches of contract on a user's part. Members are solely responsible for keeping their property information up-to-date on the Site, including, but not limited to any and all representations about any property, its amenities, location, price, and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, property reviews, guest book entries, property location, suitability, pricing, or availability information published on the Site is accurate or up-to-date even in the case where prospective Tenants have searched for specific special offers, dates, or types of properties. We may from time to time provide or facilitate services to Members to create or improve the quality of their property listings. We also may from time to time create new or otherwise change the location or geographic descriptions we use to identify properties in their listings and search results. Consequently, we may change the location or geographic description associated with any property listing at any time without notice. However, we assume no responsibility to verify property listing content or the accuracy of the location. Members are solely responsible for ensuring the accuracy of location, geographic, and other content and location or geographic descriptions and agree to promptly correct (or contact us to correct) any inaccuracy, and Tenants are solely responsible for verifying the accuracy of such content and descriptions.
Responsibility for All Other User Contributed Content: All other user-contributed content is the sole responsibility of the User who contributed such content, whether such User-contributed the content directly or through a third party website. Users are solely responsible for their User-contributed Content and we specifically disclaim all liability for User-contributed Content.
The User represents and warrants that the User owns or otherwise controls and has all legal rights to the user’s submission and the name or other identifier used in connection with such submission including, but not limited to, all the rights necessary to provide, post, upload, input or submit the User-contributed Content. We reserve the right to request proof of ownership or permission, and to refuse to post User-contributed Content without such proof or if such proof is, in our sole discretion, insufficient.
License and Rights Granted to Us: By submitting or authorizing User-contributed Content, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free, and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any of your user-contributed content, in connection with our business or the business of our affiliates. Notwithstanding the foregoing, following the termination or expiration of a property listing subscription, we will not continue to display the user-contributed content that was displayed in such listing.
You further grant us and our affiliates the ability to copyright and protect the User-contributed Content, including the images, copy, and content available via any member’s listing, from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material. You further agree to assist us—at our expense and control—to protect such copyrighted material from unauthorized redistribution.
You agree that we may sublicense all the rights granted to us under these Terms to one or more third parties we may contract with to display all or part of the Member’s property listing or otherwise provide promotional or other services related to our business.
Further, each Member agrees that we may reproduce in whole or in part any photographic material supplied by such member in the promotion of either such member’s property or the promotion of the Site.
In the event that it is determined that you retain any rights of attribution, integrity, or any other moral rights in any user-contributed content, you hereby declare that you do not require that any personally identifying information be used in connection with the user-contributed content or any derivative works thereof and that you have no objection to the publication, use, modification, deletion or exploitation of the user-contributed content by us or our affiliates.
9. Social Media or Third-Party Websites.
If the Site offers a tool or service that allows us to access or use any profile or other information about you that you have provided to Facebook or another third-party website (each a “Social Media Site”) and you decide to use such a tool or service, you acknowledge and agree that:
(i) The information or content that is a part of your Social Media Site profile, which you have designated as “public” (or a similar designation) (with such information or content and referred to herein as “Social Media Content”) may be accessed and used by us in connection with the Site;
(ii) The Social Media Content will be considered “user-generated content” under these Terms and both you and we shall have the same rights and responsibilities as you and we have with respect to user-generated content under these Terms;
(iii) In the event that the Social Media Content was for any reason misclassified with a public or similar designation or is otherwise inaccurate or to which you do not agree for any reason, you agree to work with the Social Media Site to make any changes or resolve any disputes and acknowledge that we will not be able to provide you with recourse; and
10. Translations and Maps.
If any User-contributed Content created by Users is translated for display on any Site or any site of any affiliate of the Company, we cannot guarantee the accuracy or quality of such translation and the member or user is solely responsible for the review, verification, and accuracy of such translation. Unless we specify otherwise to the user or member, any translation services are offered by us free of charge.
Maps provided on the Site that is provided by Google are subject to the Google Maps terms and conditions located at http://www.google.com/intl/en_us/help/terms_maps.html.
11. Notification of Infringement; DMCA Policy.
We respect the intellectual property rights of others, and The Company does not permit, condone, or tolerate the posting of any content on the Site that infringes any person's copyright. The Company will terminate, in appropriate circumstances, a user who is the source of repeat infringements of copyright. Should you become aware of or suspect any copyright infringement on this Site, please refer to our procedures for Notification of Copyright Infringement.
12. Unsolicited Ideas and Feedback.
Unsolicited Ideas: From time to time, Users might submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans, or new products names. We are under no obligation to review or consider such ideas or suggestions. If you choose to submit any ideas, original creative artwork, suggestions, or other works (“Feedback”) in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply.
The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies or marketing strategies, seem similar to any of your submissions. If you provide any submissions to us, you agree that: (1) your submission and its contents will automatically become the property of the Company, without any compensation to you; (2) The Company may use or redistribute any such submission and its contents for any purpose and in any way; (3) there is no obligation for The Company to review any submission; and (4) there is no obligation to keep any submission confidential.
Feedback on our Business: We welcome your feedback regarding many areas of our business. If you want to send us your feedback, we simply request that you send it to us using the links under “General – Contact Us” below or you can choose from the many other listed areas for your feedback. Please provide only specific feedback on our websites and services. Keep in mind that we assume no obligation to keep any feedback you provide confidentially and we reserve the right to use or disclose such information in any manner.
To provide feedback, you can contact us as provided under “Contact Us” below or within a landlord or tenant account under “Support”.
13. Software Available on the Site.
The Site is controlled and operated by the Company or an affiliate of The Company in the United States. Software available on the Site (the “Software”) is subject to United States export controls. No Software is available on the Site or software available on any other site operated by the Company or an affiliate of The Company in the United States may be downloaded or otherwise exported or re-exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods, or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
All Software is the copyrighted work of the Company, an affiliate of the Company or an identified third party. Your use of such Software is governed by these Terms and the terms of any additional license agreement that accompanies or is included with such Software. If the Software is not accompanied by an additional license agreement, we hereby grant you a limited, personal, non-transferable license to use the Software for viewing and using this Site in accordance with these Terms and for no other purpose.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. COPYING OR REPRODUCING ANY SOFTWARE AVAILABLE ON THIS SITE IS EXPRESSLY PROHIBITED, EXCEPT AS SPECIFICALLY PROVIDED FOR IN A LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
14. Links to Third-Party Sites.
This Site may contain links and pointers to other Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We may also provide tools to allow interaction between the Site and a third-party site, such as a Social Media Site. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.
The Company provides access to third-party sites and companies and any purchase of a third party product is subject to that company's terms and conditions and The Company is in no way responsible for the delivery, rebates, guarantees or any other expectation of the third party purchase. The Company offers the location to hold members' and tenants information as a marketplace, and therefore any purchase of third-party products needs to be handled with the third party.
Transactions by third party vendors are final and with no refunds. Any disputes should be taken up with the third party. Third-party vendors may include, but are not limited to:
RentPrep, Checkr, PayPal, Stripe, Zillow Group, RentRange, Moving Companies, TaskEasy, Nova, Assurant, LegalNature and any and all of their affiliates. All sales of third-party products are final.
15. Limitation of Liability.
IN NO EVENT WILL THE COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES, OR ANY THIRD PARTY PROVIDER OF A SERVICE OR TOOL OFFERED ON ANY SITE OF THE COMPANY (EACH A “THIRD PARTY PROVIDER”), BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR SITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (D) USE OF THE SITE, TOOLS OR SERVICES WE PROVIDE, OR ANY THIRD PARTY PROVIDER PROVIDES, RELATED TO THE BUSINESS WE OPERATE ON THE SITE, BY YOU OR ANY THIRD PARTY (E) ANY USER-CONTRIBUTED CONTENT, (F) INTERACTION BETWEEN OUR SITE AND ANY THIRD PARTY SITE, INCLUDING WITHOUT LIMITATION A SOCIAL MEDIA SITE, FACILITATED BY A TOOL OR SERVICE ON OUR SITE AND/OR (G) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION, INCLUDING WITHOUT LIMITATION, ANY PAYMENT TRANSACTION (EVEN IF WE OR ANY THIRD PARTY PROVIDER RECEIVE A COMMISSION OR FEE IN CONNECTION THEREWITH) BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANY THIRD PARTY PROVIDER OR ANY USER OF THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF THE COMPANY, IF ANY, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO $100.00 IN THE AGGREGATE FOR ALL CLAIMS.
THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE, EVEN IF WE BECOME AWARE OF ANY SUCH BREACHES. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER CONTRIBUTED CONTENT TO US AND BY POSTING INFORMATION ON THE SITE, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US OR ANY THIRD PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION OR OTHER TRANSACTION BETWEEN USERS OF THE SITE. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE (OTHER THAN PURSUANT TO ANY GUARANTEE THE MAY BE OFFERED ON THE SITE) THE SAFETY OF ANY TRANSACTION, RENTAL PROPERTY OR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON THE SITE.
YOU FURTHER ACKNOWLEDGE THAT BY DISPLAYING INFORMATION OR PROPERTY LISTINGS IN PARTICULAR DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS WITHOUT RISK AND ARE NOT LIABLE FOR DAMAGES WITH RESPECT TO TRAVEL TO ANY DESTINATION.
17. Release; Indemnification.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER CONTRIBUTED CONTENT) OR ANY THIRD PARTY PROVIDER OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE SITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE COMPANY, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 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.”
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD THE COMPANY HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE SITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER USERS OF YOUR ACCOUNT TO THE SITE, ANY USE OF ANY TOOL OR SERVICE PROVIDED BY A THIRD PARTY PROVIDER, ANY USE OF A TOOL OR SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM.
WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.