The following are the terms and conditions for use of residential.com and its services (the "Website") and the residential.com Mobile Application and its services (the "Application") (collectively the Website and the Application are referred to as the "Services"). The Services are owned and operated by Inc Brands, LLC, d/b/a residential.com ("Residential," or "us," or "we").
By downloading or using the Application, availing the Services, continuing to access the Services, or submitting any information through the Services, and in consideration for the services residential provides to you, YOU (the terms "you", “user,” “your,” or "yours" includes the person or entity that is accessing the Services as well as any third-parties accessing the Services on your behalf) ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS GOVERNING THE USE OF THE SERVICES (the "Terms"). Use of the Services is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices, including the class action waiver, contained herein.
- I. OVERVIEW AND DISCLAIMERS
- Purpose. The Residential Website, Application, and Services allow users to search for homes for sale, homes for rent, and vacation homes. In addition, users can search for real estate agents and mortgage lenders. Apply for loans and make offers on properties for sale.
- Use of Services. Residential provides the Services for Your personal and non-commercial use. You are solely responsible for and ensure that Your use of the Services complies with these Terms and with all federal and state laws applicable in the states in which you are located. You agree to use the Services only in compliance with these Terms in a manner that does not violate Residential’s legal rights or those of any third party. You are strictly prohibited from using the Services to defraud, cause harm, wrongly obtain anything of value, send indecent or obscene content, or to annoy, abuse, threaten, or harass, or to damage, disable, overburden, or impair the Services, or to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page or Application, use on any other Web site or Application, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from use of the Services, including without limitation, engaging in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information. We shall not be liable for any harm or loss caused to any person or party which arises from your use of the Services. You may not use the Services for any commercial purposes.
- Age Restriction. You must be at least 18 years of age to use the Services. Residential reserves the right to terminate your registration and/or refuse your access to the Services on discovery that you are under the age of 18 years, or if any of the information provided by you is inaccurate and untrue.
- Prohibited Uses. You are strictly prohibited from using the Services to make any loan-related decisions, reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services, except as explicitly permitted under these Terms, to provide/post/authorize a link to any of the Services (including but not limited to an agent profile page) from a third-party website that is not a real estate-related website owned or operated by a real estate or lending professional or institution, remove or modify any copyright or other intellectual property notices that appear in the Services, to use the Services for resale, service bureau, time-sharing or other similar purposes, to use the Services in any way that is unlawful, or harms Residential, its service providers, suppliers, or any other user; distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services, to impersonate another person or misrepresent your affiliation with another person or entity, to reproduce, publicly display, or otherwise make accessible on or through any other Web site, application, or service any reviews, ratings, and/or profile information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services, except as explicitly permitted by Residential for a particular portion of the Services, to upload invalid data, viruses, worms, or other software agents to the Services, to interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures Residential may use to prevent or restrict access to the Services, to conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, and any other automated activity with the purpose of obtaining information from the Services) on the Services, to use any of Residential’s trademarks as part of your screen name or email address on the Services, or attempt to, or permit or encourage any third party to, do any of the above. You shall notify us immediately upon becoming aware of the commission by any person of any Prohibited Uses of the Services and shall provide us with reasonable assistance in any investigations we conduct in light of the information you provide.
- Residential’s Role. Residential provides use of the Services for informational purposes only. You agree and acknowledge that Residential is not a real estate broker, mortgage broker or lender, and by providing the Services, and by your use of the Services, no fiduciary duty, or any professional relationship or professional duty or obligation of any kind is made between you and Residential, and you agree and acknowledge that Residential does not aid or assist borrowers in obtaining, soliciting or negotiating mortgage loans. Further, please note that certain features of the interactive Services may be financial or mortgage estimation tools that provide information and customized information based on user-inputted data. These tools are for the purpose of performing calculations only, and are not an offer to lend. Interest rates shown are for demonstration purposes only. Actual market interest rates may vary.
- Maintenance or Support. Residential is not under any obligation to provide maintenance or support for the Website or Application. Residential may provide maintenance or support for the Website or Application at Residential's sole discretion.
- Uninstallation. You may, at any time, uninstall the Application by utilizing your mobile device's procedures for uninstalling downloaded applications.
- II. REGISTRATION, PAYMENTS, AND IMPORTATION OF DATA
- Registration. In order to utilize some of the Services' features, you may be required to register and create an account. In order to create an account, you must complete the registration process by providing Residential with complete and accurate information as prompted by the registration form, including contact information, a username, and password. You shall ensure to maintain confidentiality of your username and password. You shall protect your password and take full responsibility for your own, and third party, activities that occur under your account. You agree to notify Residential immediately of any unauthorized use of your account or any other breach of security. You agree that if any information provided by you is inaccurate, untrue or incomplete, we reserve the right to terminate your access to use the Services.
- Refusal of Service. Residential reserves the right, with or without notice, to terminate the account of, or refuse service to, any persons that violates these Terms, violates any party's intellectual property rights, abuses other users of the Service, misuses the Service, or otherwise engages in inappropriate conduct or unlawful activities using Residential, as determined by Residential in its sole discretion.
- Payment and Purchases. You acknowledge that Residential reserves the right to charge for any portion of the Service and to change its fees from time to time in its discretion. Further, Residential may offer products and services for purchase (“in-app purchases”) through iTunes, Google Play, carrier billing, or other payment platforms authorized by Residential. If you choose to make an in-app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as Google Play or iTunes) (your “Payment Method”) will be charged at the prices displayed to you for the service(s) you have selected as well as any sales or similar taxes that may be imposed on your payments. You authorize Residential, or the third-party account, as applicable, to charge you. Unless otherwise stated, all fees are in United States Dollars (USD).
- Auto-Renewal. If you purchase an auto-recurring periodic subscription, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your third party account (or Account Settings) and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Residential application from your device. Deleting your account on Residential or deleting the Residential application from your device does not cancel your subscription; Residential will retain all funds charged to your Payment Method until you cancel your subscription on Residential or the third-party account, as applicable. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
- Free Services and Fees. Residential may make all or some of the Services available for free (the "Free Services"). Residential does not guarantee that any portion of the Services will always be available for free and reserves the right to begin charging for any portion of the Services at any time. The Free Services may be subject to reduced functionality. Residential may allow users to increase or enhance the functionality of the Application and Services by making certain purchases, including in-app purchases, or undertaking certain activities. Please review the specific terms for your applicable purchase. Prices are subject to change. In the event the Residential Services are discontinued for any reason, purchases will terminate, and no refund will be made.
- Free Trials. We may offer free trials from time to time. Failure to cancel your free trial during the stated period will result in you being charged for the associated purchases beginning at the end of the trial period. For more details, please review the specific terms of the free trial offer.
- Refund Policy. Residential does not guarantee refunds of any additional Services which you have purchased for lack of usage or dissatisfaction. Any purchases made through the Services are nonrefundable.
- Data Importation. The Services may allow you to import contact information from a contact list or other data sources created by another program not affiliated with Residential. If you choose to import data into Residential from any other source, you represent that you have the authority to import that data and that your importation of that data does not violate the rights or terms of any third-party and does not violate any applicable civil or criminal law.
- III. MODIFICATIONS
Residential reserves the right to change or modify any of the terms and conditions contained in these Terms or any policy governing the use of the Services, at any time, by posting the new terms on the Website or Application. The most current version of these Terms will be located on the Application and on the Website. You understand and agree that your access to or use of the Services is governed by the then-current Terms that are effective at the time of your access to or use of the Services. If we make material changes to these Terms, we will not notify you by email, but only by updating the "Updated" date indicated at the top of this page with the date that revisions to these Terms were last made. You should revisit these Terms on a regular basis as revised versions will be binding upon you. Any such modification will be effective upon our posting of such new Terms. You understand and agree that your continued access to or use of the Services after the effective date of modifications to the Terms indicates your acceptance of the modifications.
- IV. INTELLECTUAL PROPERTY RIGHTS
- Ownership. We hold and retain all and any title and interest in and to Residential, as well as in any intellectual property right associated with Residential and, therefore, nothing in these Terms will be interpreted as a transfer, in whole or in part, of rights in Residential to You or any other third party. For the purposes of these Terms, “Intellectual Property Rights” means all intellectual property and other similar proprietary rights in any jurisdiction, whether owned or held for use under license, whether registered or unregistered, including such rights in and to: (i) trademarks, service marks, certification marks, logos, trade names, and the goodwill associated with the foregoing; (ii) patents and patent applications, and any and all divisions, continuations, reissues, reexaminations, and extensions thereof; (iii) writings and other works of authorship; (iv) trade secrets, business, technical and know-how information, business processes, non-public information, proprietary information and confidential information, and rights to limit the use or disclosure thereof by any person; (v) software, including data files, source code, object code, application programming interfaces, databases and other software-related specifications and documentation; (vi) domain names, uniform resource locators, and Internet addresses; (vii) any and all technical information, software, specifications, drawings, records, documentation, ideas, knowledge, invention disclosures or other data; (viii) claims, causes of action and defenses relating to the enforcement of any of the foregoing.
- Your Obligations. You may only use the Application and the Services for your own personal use. You may not use the Services for any commercial use. You may not use, receive or view, copies of source code, schematics, master copies, design materials or other information used by You in creating, developing or implementing the Application, including updates or modifications thereto. Without limiting the foregoing, You shall have no rights to receive any source code for the Application and shall not reverse engineer, disassemble or decompile, or otherwise attempt to derive source code for the Application for any purpose.
- Prohibitions. You must not do, or permit others to do, any of the following: (a) copy or modify the Application in any way, except as expressly permitted in these Terms; (b) remove or modify Residential's copyright notices, trademark, logo, legend or other notice of ownership from any originals or copies of the Application or Services; (c) attempt to view, read, modify, reverse compile, reverse assemble, disassemble or print the Application's source code or object code or other runtime objects or files distributed with the Application; (d) otherwise reverse engineer, modify or copy the look and feel, functionality or user interface of any portion of the Application or Services; (e) rent, lease, distribute (or redistribute), provide or otherwise make available the Application or Services, in any form, to any third party; (f) use the Application or Services to process the data of third parties; or (g) use, install, or make available the Application, in whole or in part, through a wide area network including but not limited to World Wide Web sites, intranets, or Application Service Providers (ASP). In addition, You will not violate or attempt to violate the security of Residential' networks or servers, including accessing data not intended for You, logging into a server or account which You are not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper written request and authorization, or attempting to interfere with service to any user, host or network, including by means of submitting a virus, overloading, flooding, spamming, mail bombing or crashing. You are also prohibited from taking any actions in violation of the prohibitions and requirements set forth in Section XII below.
- V. THIRD-PARTY SERVICES
The Services may use or provide access to one or more third-parties to process payments, process account or user registrations, or provide other services. Residential does not make any representation or warranty with respect to such third party Services, and is not responsible for their accuracy, sufficiency, veracity, completeness, or timeliness. You are responsible for confirming the sufficiency and reliability of any third party Services, and you hereby release Residential from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such Services. Your interactions with any of these third-parties is controlled by the terms and conditions imposed by those third-parties. Any disputes arising regarding a third-party's services must be resolved directly between user and the third-party. Residential, in its sole discretion, and without notice to you or any user, may subcontract any Services to be performed by a third-party.
- VI. USER-GENERATED CONTENT
- User Content License. You expressly acknowledge and agree that by using the Service or otherwise providing, transmitting or recording any User Content, You hereby grant Us (and warrant and represent that You have the right to grant Us), and our affiliates, a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to use, store, copy, perform, display, distribute, prepare derivative works of, or incorporate into other works, and otherwise use your User Content, such rights to be used solely in connection with and for the purposes of operating the Service.
- Rules of Conduct. In addition to all other obligations and terms stated in these Terms, you agree to abide by any rules of conduct or community guidelines posted on the Website or Application. Residential reserves the right to exclude or suspend any user who violates these rules of conduct, and reserves the right, but does not undertake an affirmative obligation, to remove, screen, or edit any content which is contrary to these rules without prior notice. User Content does not necessarily reflect the opinion of Residential.
- Communications Decency: Residential is only a distributer, and not the publisher or speaker, of any User Content. As such, Residential cannot be held liable for making available any User Content which may be false or inaccurate. Any information or opinions contained in the User Content made available through the services are those of their respective authors alone. Residential does not guarantee the accuracy, completeness, or truthfulness of any User Content. Under no circumstances will Residential be responsible for any loss or damage resulting from any person's reliance on any User Content.
- Reservation of Rights: Residential reserves the right to remove or not remove any User Content from the Services for any reason or no reason at all, in Residential's sole discretion. This reservation includes the exclusive right to decide whether to publish, withdraw, postpone, or alter any User Content. Residential reserves the right, but does not undertake any affirmative obligation, to screen, monitor, or filter User Content.
- Information Storage and Access: Residential reserves the right, in its sole discretion, to determine whether and how long to store User Content and user data. Residential will not be responsible for any liability related to the deletion or removal or any data or content maintained on the Services or Residential's servers.
- Suggestions: By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third-parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Residential and its users any claims and assertions of any rights, whether intellectual property rights or otherwise, contained in such Feedback.
- VII. DMCA NOTICE
- Notification. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Residential’s designated copyright agent in accordance with Title 17, United States Code, Section 512(c)(2). Notifications of claimed infringement should be forwarded to Residential’s designated agent at:
By Mail: 5701 Lindero Canyon Rd., Westlake Village, CA 91362
By Email: firstname.lastname@example.org
After receiving a valid DMCA notification of claimed infringement, we will process and investigate the claim and will take appropriate actions under the DMCA, including expeditiously removing or disabling access to any material claimed to be infringing or claimed to be the subject of infringing activity. We will take reasonable steps promptly to notify the user who submitted the material that we have removed or disabled access to such material.
- Counter-Notification. If you posted or submitted material to Residential which Residential removed or disabled access to pursuant to a DMCA notification of claimed infringement, and you believe your material is not infringing and the material was removed or disabled as a result of a mistake or misidentification, you may send a counter-notification.
- VIII. DEVICE AND WIRELESS CARRIER LIMITATIONS AND DISCLAIMERS
While Residential attempts to provide all Application features to all users, use of the Application and the Services may be limited for some or all users due to conditions outside of Residential's control. As a result, not all advertised features may always be available to you. Some of these conditions include, but are not limited to, the following: Your mobile device or your wireless carrier may limit the features available to you. Your data or messaging plan may limit your use of the Services. Your wireless voice and/or data signal may make access to the Applications or some of its feature intermittent or unavailable. The Application and its features may not be available in some geographic locations.
Residential is not liable, and expressly disclaims any representations or warranties, regarding access to the Application or its services or features through a particular wireless carrier, network, or plan, on a particular device, or in a particular location. Residential does not guarantee that the Services will always be accessible or available. You are solely responsible for any costs you incur to access the Application through your mobile device.
- IX. REPRESENTATIONS, WARRANTIES, AND DISCLAIMERS
Residential does not represent or warrant and expressly disclaims any warranty that (i) any information provided by the Services will be accurate, (ii) the Services will be error-free or accessible at all times, (iii) defects will be corrected, (iv) the Services or the server that makes the Services available, are free of viruses or other harmful component, (v) the use or the results of the use of the Services or the materials made available as part of the Services will be correct, accurate, timely, or otherwise reliable, or (vi) that the Services will be supported on all web browsers or mobile operating systems.
It is expressly understood by all users that the Application and the Services may be from time to time be inaccessible, inoperable, or may not provide all features as a result of multiple factors which may or may not be within Residential's control. These factors may include, but are not limited to, variables in internet, telecommunications, data, cellular or satellite services provided by your wireless carrier to your mobile device, geographic limitations, poor wireless signal strength, periodic maintenance to the Services, malfunctions in the Application or the Services, limitations due to your particular mobile device, or any other reason which may prevent the Application and its services from being accessible at all times. Residential disclaims any liability as a result of any user's inability to access or use the Application or the Services at a particular time, location, on a particular device, or using a particular wireless provider.
Further, Residential expressly disclaims any representation or warranty relating to any products or services displayed, described, advertised, reviewed, recommended, linked to, or pictured on the Services. Residential does not endorse any such products or services and does not warrant that any such products or services are available, will meet the user's needs, are appropriate for any particular use, or are of any certain quality. Residential does not guarantee that any product or service descriptions, reviews, portrayals, specifications, or the like are accurate. Under no circumstances will Residential be responsible for any loss or damage resulting from any person's reliance on any such product or service descriptions, reviews, or specifications contained on the Services.
THE SERVICES ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY RESIDENTIAL EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE AND YOU EXPRESSLY AGREE THAT YOUR USE AND RELANCE UPON ANY AND ALL OF THE SERVICES OR CONTENT IS AT YOUR OWN RISK.
RESIDENTIAL DOES NOT WARRANT THAT THESE SERVICES WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, THAT THE OPERATION OF THE WEBSITE OR APPLICATION WILL BE UNINTERRUPTED, THAT ANY DEFECT WILL BE CORRECTED, THAT SERVICES WILL BE SUPPORTED ON ALL WEB BROWSERS OR MOBILE OPERATING SYSTEMS, AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR PRODUCTS PROVIDED THROUGH THE SERVICES, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORM THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICES.
When you use the Application on your mobile device, your wireless service carrier may charge you data rates, message fees, and related fees.
- X. HYPERLINKS
- XI. COMPLIANCE AND PROHIBITED ACTIONS
You will not use the Services in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third-parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, or other proprietary or property right, false advertising, telemarketing, unfair competition, defamation, invasion of privacy, or other federal or state law, rule, or regulation.
You further represent and warrant that you will not use the Website, the Application, or the Services to defraud, cause harm, wrongly obtain anything of value, send indecent or obscene content, or to annoy, abuse, threaten, harass, or send repeated messages to another person. You represent and warrant that you do not have any intent to commit any of the foregoing actions. You represent and warrant that you will not use the Website, the Application, or the Services for any commercial purposes.
- XII. INDEMNIFICATION
You agree to indemnify, hold harmless and defend Residential, its managers, members, directors, employees, agents, or affiliates (collectively the "Indemnified Parties") at your expense, against any and all third-party claims, actions, proceedings, and suits brought against any of the Indemnified Parties, and against all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties arising out of or relating to (i) your breach of any term or condition of these Terms, (ii) your Posting of User Content, (iii) your use of the Services, or (iv) your unauthorized use of the Services. In such a case, the Indemnified Party or Parties will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. The Indemnified Party or Parties will reserve the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
- XIII. LIMITATIONS OF LIABILITY
RESIDENTIAL WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY (A) DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, (B) LOSS OF PROFITS, (C) LOSS OF DATA OR INFORMATION, OR (D) REPUTATIONAL HARM, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF RESIDENTIAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING SET FORTH IN THESE TERMS TO THE CONTRARY, RESIDENTIAL'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (1) THE AGGREGATE FEES PAID BY YOU FOR THE SERVICES SUBJECT TO THESE TERMS DURING THE PREVIOUS TWELVE (12) MONTHS, OR (2) ONE HUNDRED U.S. DOLLARS (USD). YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH RESIDENTIAL AND ANY RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
- XIV. TERMINATION
- XV. PRIVACY
Residential may contact you via any method of communication you submitted through the services, including, but not limited to, email, cell phone, or text message. By providing Residential your contact information, you agree to receive communications from Residential.
- XVI. ADVERTISEMENTS
Residential may support the Services by using advertisements. These advertisements may be targeted to the content or information stored on or submitted through the Services. Advertisements may also be targeted based on information stored in cookies or similar objects on your computer or device, including cookies which track your internet usage across sites and over time. The manner, mode, and extent of advertising on the Services are subject to change without notice. Residential may place advertisements on the telephone calls or messages initiated through the Services or anywhere within the website or app. You agree that Residential may place advertising on the Services, and you agree not to block such advertising.
- XVII. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
- Notice for International Use; Export Controls. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and to comply with any other state or local laws affecting the transmission or posting of content or affecting the privacy of persons. You represent and warrant that you are not (a) located in or a national or resident of any country that is subject to U.S. trade sanctions, or (b) a person or entity on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or acting on behalf of any person or entity on such list.
- XIII. APPLICABLE LAW AND VENUE
These Terms shall be governed by and construed under the laws of the state of California, without reference to its conflicts of law principles. Any legal action or proceeding relating to access to, or use of, these Services is subject to the exclusive jurisdiction of the courts in Ventura County, California. You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to these Terms. Any notices to Residential must be sent to:
Inc Brands LLC
1301 S Capital Of Texas Hwy Suite 122
Austin, Texas 78746
via certified first class or overnight courier, and are deemed given upon receipt.
- XIX. ARBITRATION
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
The parties agree that this Terms of Service affects interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
The parties agree to settle all disputes, claims or controversies arising from these Terms only through arbitration conducted according to the then-current commercial arbitration rules of the American Arbitration Association, by a single neutral arbitrator and with place in Ventura County, California, United States, or such other place as the parties may jointly agree. The arbitrator’s decision and award shall be final and binding. To such purpose, it has been agreed that: (i) if We and/or You want to arbitrate a dispute, a written notice will be sent to the other party with a description of the dispute, all documents/information, and the proposed resolution; attempts shall be made to resolve the conflict and, if the dispute is not resolved within forty-five (45) days after receipt of the notice of arbitration, then the dispute will be submitted to formal arbitration; (ii) the arbitration shall be pursued only on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding; (iii) each party will be responsible for the respective costs relating to counsel, experts, and witnesses, as well as any other expenses related to arbitration; (iv) class actions and class arbitrations are prohibited; (v) if for any reason a claim proceeds in court rather than in arbitration, You and We each waive any right to a jury trial.
In case for any reason a Court or the arbitrator holds that this restriction is unacceptable or unenforceable, then this agreement to arbitrate does not apply and the dispute must be brought to the competent Courts of Ventura County, California. Furthermore, We may bring suit in court to enjoin infringement or other misuse of Our Intellectual Property Rights.
- XX. CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
Residential and you agree that Residential and you will resolve any disputes, claims or controversies on an individual basis, and that any claims arising out of or relating to these Terms of Service (such as with respect to their validity or enforceability), the Service, any person’s access to and/or use of the Service, and/or the provision of content, products, services, and/or technology on or through the Service will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Residential and you further agree that Residential and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to these Terms of Service (such as with respect to their validity or enforceability), the Service, any person’s access to and/or use of the Service, and/or the provision of content, products, services, and/or technology on or through the Service.
If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in California.
This Class Action Waiver section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of Residential, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to these Terms of Service (such as with respect to their validity or enforceability), and/or the Service, and/or any person’s access to and/or use of the Service, and/or the provision of content, services, and/or technology on or through the Service.
- XXI. MISCELLANEOUS
- Entire Agreement. These Terms represent the complete agreement between Us concerning its subject matter and supersedes all prior agreements and representations between the parties.
- Amendments. We may, in our sole discretion, amend these Terms at any time by posting a revised version thereof on the Website and Application.
- Severability. If any provision of these Terms is held to be unenforceable for any reason, the remainder of these Terms shall continue in full force and effect.
- No Implied Waiver. Any tolerance or silence by Us, even if on a continuous and reiterated basis, in relation to any breach or default by You of any provision of these Terms shall not be considered as a consent to such breaches and defaults and shall not affect the validity of the clause breached nor shall be construed as a waiver to any of the rights pertaining to Us pursuant to these Terms and/or the applicable Laws.
- Headings. The Section headings/titles in these Terms of Service are for convenience only and have no legal or contractual effect.
- Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.