Last Revised: February 2018
2. Binding Agreement.
5. Accessing HouseRater Sites and Account Security.
We reserve the right to withdraw or amend HouseRater Sites, and any content, functionality and services we provide on the HouseRater Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the HouseRater Sites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the HouseRater Sites, or the entire Site, to users, including registered users.
You are responsible for:
Making all arrangements necessary for you to have access to the HouseRater Sites.
6. Electronic Communications.
When you use the HouseRater Sites, or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating your prior express written consent to be contacted by us regarding HouseRater products and services via automated technology. You consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on the HouseRater Sites and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
7. Other Costs and Fees.
In order to use the HouseRater Sites, you are required to use the Internet, and appropriate computing equipment. You may incur costs or be charged fees by third-parties for such use and you agree you are solely responsible for and shall pay such other costs and fees separate from HouseRater software fees. You may be subject to separate third-party terms and conditions for using the Internet, or computing equipment.
8. Term and Termination.
9. The Company’s Obligations.
10. Intellectual Property Rights.
The HouseRater Sites and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by HouseRater, LLC, or its affiliates, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
The Company name, the Company logo, “HouseRater”, and all related names, logos, product and service names, designs and slogans, in any form, are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the HouseRater Sites are the trademarks of their respective owners.
12. Right to Use the HouseRater Sites.
13. Security Risks.
14. Prohibited Uses.
15. Reliance on Information Posted.
We do not warrant the accuracy, completeness or usefulness of this content. Any reliance you place on such content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such content by you or any other visitor to the HouseRater Sites, or by anyone who may be informed of any of its contents. The HouseRater Sites may include content provided by third parties. Any statements and opinions expressed in content provided by third parties is solely the responsibility of the third party and do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any content provided by any third parties.
16. Changes to the HouseRater Sites.
We may update the content on the HouseRater Sites from time to time, but their content is not necessarily complete or up-to-date. We may, but are not obligated to, notify you of any changes to the HouseRater Sites. Any of the content on the HouseRater Sites may be out of date at any given time, and we are under no obligation to update such material.
17. Online Purchase and Other Terms and Conditions.
18. Links from the Site.
If the HouseRater Sites contain links to other sites and resources provided by third parties, such links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the HouseRater Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites, which may or may not be posted on those websites and which we are not obligated to provide to you.
19. Disclaimer of Warranties.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the HouseRater Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE HOUSERATER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE HOUSERATER SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE HOUSERATER SITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE HOUSERATER SITES ARE AT YOUR OWN RISK. THE HOUSERATER SITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE HOUSERATER SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE HOUSERATER SITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE HOUSERATER SITES, THEIR CONTENT OR ANY SERVICES OR INFORMATION OBTAINED THROUGH THE HOUSERATER SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT HOUSERATER SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE HOUSERATER SITES OR ANY SERVICES OR INFORMATION OBTAINED THROUGH THE HOUSERATER SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
20. Limitation on Liability.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE HOUSERATER SITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE HOUSERATER SITES OR ANY WEBSITES LINKED TO THEM OR ANY SERVICES OR INFORMATION OBTAINED THROUGH THE HOUSERATER SITES OR ANY WEBSITES LINKED TO THEM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
22. Governing Law and Jurisdiction.
23. WAIVER OF RIGHT TO BRING A CLASS ACTION LAWSUIT.
IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, MANAGERS, SHAREHOLDERS, EMPLOYEES, OR AGENTS (COLLECTIVELY, “RELATED PARTIES”), BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING A CLAIM THROUGH YOU) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUES, SAVINGS, GOODWILL, OR DATA ARISING OUT OF OR RELATING TO THE SERVICES, DATA, THESE TERMS, OR YOUR USE OF OR INABILITY TO USE THE HOUSERATER SITES.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY OR RELATED PARTIES EXCEED THE LESSER OF THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR YOUR USE OF THE HOUSERATER SITES OR ONE THOUSAND DOLLARS ($1,000.00) FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE HOUSERATER SITES, THESE TERMS, OR YOUR USE OF OR INABILITY TO USE THE HOUSERATER SITES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, AND REGARDLESS OF WHETHER THE COMPANY OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY.
THE FOREGOING LIMITATIONS ON LIABILITY DOES NOT APPLY TO ANY LIABILITY WHICH CANNOT LAWFULLY BE EXCLUDED OR LIMITED.
24. LIMITATION ON TIME TO FILE CLAIMS.
25. Waiver and Severability.
27. Successors and Assigns.
28. Force Majeure.
The Company will not be liable for any failure or delay in performance caused by reasons beyond its reasonable control, including acts of God, acts of any governmental authority, strikes or labor disputes, acts of war or terrorism, fire, severe weather or natural disasters, or other similar events (each a “Force Majeure Event”). Without limiting the foregoing, Company will not be responsible for any loss or unavailability of the HouseRater Sites, registration data, personal information or other information that results from a cause over which it does not have direct control, including failure of electronic or mechanical equipment, computer viruses, unauthorized access, theft, operator errors, fiber optic cable cuts, interruption or failure of telecommunication or digital transmission links, Internet failures or delays, or other similar events. The foregoing notwithstanding, you agree and acknowledge that under no circumstances will your lack of funds or inability to access funds or similar circumstances be considered a Force Majeure Event under this subsection.
29. Your Comments and Concerns.
Last Revised: February 2018
Purpose and Scope of Policy.
When you use the Site;
When you use the App; and
When you send HouseRater an email, text, and other electronic messages.
Type of Information We Collect on Our Site and App.
By which you may be personally identified, such as your first and last name, postal and e-mail addresses, telephone number, the name of your organization, billing information (such as credit card number, cardholder name and expiration date) or any other information the Site or App collects that is defined as personal or personally identifiable information under an applicable law, including any other identifier by which you may be contacted online or offline;
That is about you but individually does not identify you; and
About your internet connection, the equipment you use to access the Site or App and usage details.
You can choose not to provide information to us, but, in general, some information about you is required in order for you to register as a member, use the Service, ask us a question, or initiate other transactions on our Site or App.
HouseRater also collects non-personal information that you provide to us as follows:
Information that you provide by filling in forms on the Site or App. This includes information provided at the time of registering to use the Site or App, or using our Service through the Site or App. HouseRater may also ask you for information when you enter a promotion sponsored by HouseRater, and when you report a problem with the Site, App or the Service;
Records and copies of your correspondence (including email addresses) if you contact HouseRater or a third-party service provider;
Your responses to surveys that HouseRater might ask you to complete;
Details of transactions you carry out through our Site or App. You may be required to provide financial information before using our Service through the Site or App; and
Your search queries on the Site or App.
We also may use standard data tracking technologies to collect automatic data such as the following:
Cookies (or browser cookies). A cookie is a commonly used automated data collection tool. It is a small file placed on the hard drive of your computer or device by websites that you visit or emails you open. Cookies make websites work, or work more efficiently, for example, when you return to our Site, cookies enable us to remember information from prior visits, and cookies may save data such as screen preferences and pages viewed. If you wish, you can configure your browser to block cookies; however, your ability to access certain portions of the Site may be affected.
Web Beacons. Pages of our Site, App and our emails may contain small electronic files known as web beacons that permit us, for example, to count users who have visited those pages or opened an email and for other related Site statistics (for example, recording the popularity of certain Site content and verifying system and server integrity). Unlike cookies, you cannot decline web beacons. However, setting your browser to decline cookies or to prompt you for a response generally may keep web beacons from storing your activity.
Flash Cookies. These are similar to cookies, except that they can store more complex data to provide greater Site functionality and to remember your settings, preferences and navigation to, from, and on our Site. Flash cookies operate differently than regular browser cookies, and cannot be removed or blocked via regular web browser settings. To learn more about how to manage flash cookies, you can visit the Adobe website and follow the directions provided by Adobe with respect to the Flash settings and make changes as directed therein. Limiting the acceptance of flash cookies may reduce or impede the functionality of some Flash applications.
How We Use Your Information.
HouseRater may use Your Information that we collect or that you provide to HouseRater:
To present the Site or App and its contents to you.
To provide you with information, products or services that you request from HouseRater.
To fulfill any other purpose for which you provide it.
To provide you with notices about your account or subscription, including expiration and renewal notices.
To carry out HouseRater’s obligations and enforce HouseRater’s rights arising from any contracts entered into between you and HouseRater, including for billing and collection.
To notify you about changes to the Site or App or any products or services we offer or provide through it.
In any other way HouseRater may describe when you provide Your Information.
For any other purpose with your consent, or if lawful, without your consent.
Disclosure of Your Information.
HouseRater may disclose aggregated information about HouseRater’s users, and information that does not identify any person or entity, without restriction.
To HouseRater’s affiliates.
To contractors, service providers, and other third parties that HouseRater uses to support HouseRater’s business, the Service, the Site and the App.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of HouseRater’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by HouseRater about the users of the Site, the App and the Service is among the assets transferred.
To fulfill the purpose for which you provide it.
For any other purpose disclosed by HouseRater when you provide the information.
For any other purpose with your consent, or if lawful, without your consent.
HouseRater may also disclose your Personal Information:
To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
If HouseRater believes disclosure is necessary or appropriate to protect the rights, property, or safety of HouseRater, HouseRater’s customers, or others.
Third Party Websites and Links.
Information You Can Access.
If you create an account through our Site or App, we give you access to a range of information about your account and your interactions with us for the limited purpose of viewing and, in certain cases, updating that information.
Security and Data Retention.
The safety and security of Your Information also depends on you. Where HouseRater has given you (or where you have created) a password for access to certain parts of the Site or App, you are responsible for keeping the password confidential. HouseRater asks you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although HouseRater does its best to protect your information, HouseRater cannot guarantee the security of your information transmitted to the Site, the App or the Service. Any transmission of information is at your own risk. HouseRater is not responsible for circumvention of any privacy settings or security measures contained on the Site or App.