Last Updated May 15, 2018
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.
Welcome to PropertyClub, operated by PropertyClub, Inc, (hereafter referred to as PropertyClub”, “we”, “us”, or “our”). PropertyClub provides an online platform that connects Listers (defined below) to Renters (defined below), and helps facilitate certain aspects of the rental process (collectively, the “Services”).
By using PropertyClub’s Website, Mobile App or Services (collectively, the “Site”), you agree to comply with and be legally bound by the following Terms of Service (the “Terms”).
These Terms of Service constitute a binding legal agreement between you and PropertyClub. If you do not agree to these Terms, you are not authorized and have no right to obtain information from or otherwise continue using the Website, App or Services.
“Content” means text, images, graphics, video, software audio, information or other materials available through the Site.“Lister” means a Member who creates a Listing via the the Services.“Listing” means a rental that is listed as available for rent via the Site.“Member” means a person who has completed PropertyClub’s account registration process.“Member Content” means all Content, including, but not limited to Listings, reviews, and photos, that a Member or other users of the Site, posts, publishes, uploads, submits transmits, or makes available through the Site.“Renter” means a Member who desires to rent or lease a Listing.
1. Our Agreement
PropertyClub reserves the right to modify these Terms, at any time and without prior notice, by posting the modified Terms on PropertyClub or by notifying you by email, at our option. All changes will be effective upon out posting or sending the email and will only affect your use of PropertyClub after the effective date of the change, unless we say otherwise in the notice. Your use of PropertyClub after we provide notice of changes will be considered your agreement to those changes.
PropertyClub is continually under development, and changes to it, including adding or deleting services and/or features, may be made at any time. We will not be liable to you or to anyone else for any modifications to PropertyClub. Should you disagree with any modifications your sole recourse is to terminate your use of PropertyClub. PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.
3. Account Registration and Obligations
In order to access certain features of PropertyClub, such as to create a Listing, you must register to create an account (a PropertyClub Account”) and become a Member. You may register to join the Site directly via the Site or as described below:
You may also register to join PropertyClub by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook and LinkedIn); each such account, a “Third Party Account”, via our Site, as described below. As part of the functionality of the Site you may link your PropertyClub Account with Third Part Accounts by either: (i) providing your Third Party Account login information to PropertyClub through the Site; or (ii) allowing PropertyClub to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to PropertyClub and/or grant PropertyClub access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating PropertyClub to pay any fees or making PropertyClub subject to any usage limitations imposed by such third party service providers. By granting PropertyClub access to any Third Party Accounts, you understand that PropertyClub will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site via your PropertyClub Account and PropertyClub Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your PropertyClub Account on the Site. Please note that if a Third Party Account or associated service becomes unavailable or PropertyClub’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your PropertyClub Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. PropertyClub makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and PropertyClub is not responsible for any SNS Content.
By registering as a Renter on the Site, you certify and/or agree to the following: (a) that you have provided accurate, current, and complete information during the registration process and that you will update such information to ensure its accuracy. (b) that you may not have more than one (1) active PropertyClub Account. PropertyClub reserves the right to suspend or terminate your PropertyClub Account and your access to the Site if you create more than on (1) PropertyClub Account or if any information provided during the registration process or thereafter proves to be untrue, inaccurate, not current, or incomplete. (c) that it is your responsibility to safeguard your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your PropertyClub Account, whether or not you have authorized such actives or actions. (d) that you will immediately notify PropertyClub of any unauthorized use of your PropertyClub Account by emailing us at [email protected].
WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
4. Use of the Site
Subject to your full compliance with these Terms, you may access and use the Site for your own personal purposes in finding an apartment to rent or lease. All rights not expressly granted are reserved by PropertyClub and its suppliers and licensors. Except as expressly authorized by PropertyClub, you may not use the Site, or any part of it, for any commercial purposes.
You agree not to access the Site by any means other than through the browser interface we provide or your mobile device. Any automated means of accessing the Site, including through use of scripts, robots, or web crawlers, is strictly prohibited.
5. Responsibility for Content
1. No Obligation to Pre-Screen Content. You acknowledge that PropertyClub has no obligation to pre-screen Content (including, but not limited to, Member Content), although PropertyClub reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any Content, including, but not limited to Listings, reviews, and photos, you upload, transmit, distribute, post, email or otherwise make available (“Make Available”) to PropertyClub (“Your Content”), including without limitation chat, text, or voice communications. In the event that PropertyClub pre-screens, refuses or removes any Content, you acknowledge that PropertyClub will do so for PropertyClub’s benefit, not yours. Without limiting the foregoing, PropertyClub shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
2. Storage. Unless expressly agreed to by PropertyClub in writing elsewhere, PropertyClub has no obligation to store any of Your Content that you Make Available on the Site. PropertyClub has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Site.
6. Ownership and Licenses
1. Ownership. The Site is protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, including all associated intellectual property rights are the exclusive property of PropertyClub and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site.
2. Your Content. PropertyClub does not claim ownership of Your Content. However, when you post or publish Your Content on the Site, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or incorporate it in other words in any form, media, or technology now known or later developed. You hereby grant to PropertyClub a fully paid, irrevocable, worldwide, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense through multiple tiers of sublicenses, to use, copy, modify, distribute, publicly display, publicly perform, digitally transmit, and otherwise exploit such Your Content on, through, or by means of the Site.
3. Proprietary Rights Notice. The Site contains proprietary and confidential information that is available only to registered Members and is protected by applicable intellectual property and other laws. All trademarks, service marks, logos, and trade names (“Marks”) and all text, information, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like (collectively, “Materials”), are owned by or licensed to PropertyClub, subject to copyright and other intellectual property rights under the Unites States and foreign laws and international conventions.
4. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to PropertyClub through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that PropertyClub has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to PropertyClub a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Site.
7. Prohibited Activities
You agree that you will not, nor will you permit any third part to:
(a) use the Site for an illegal purpose or to induce or encourage illegal actives;
(b) modify, copy or create derivative works of the Site or any Materials, or use the Site, or any part of it, without PropertyClub’s prior written approval;
(c) recruit or otherwise solicit any Member to join third party services or websites that are competitive to PropertyClub;
(d) use the Site for any commercial or other purposes that are not expressly permitted by these Terms;
(e) use the Site to distribute, post or submit any unsolicited commercial email (“Spam”) or advertisements unrelated to rentals in a private residence;
(f) use, display, mirror, or frame the Site, or any individual element within the Site, our name, logo, trademarks, or other proprietary information, or the design and layout of any page or form contained within a page, without PropertyClub’s express written consent;
(g) use the Site and its services in any manner which could interfere with, damage, disable or overburden the Site or interfere with anyone else’s authorized use and enjoyment of the Site;
(h) interfere with or damage the Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods of technology;
(i) remove, deface, or obscure any of our providers’, suppliers’, or licensors’ copyright, trademark and other proprietary notices on, in or associated with the Site;
(j) post any content, or engage in behavior or otherwise use the Site in a manner, that (i) that violates, or encourages conduct that would violate, any applicable law or regulation or that is otherwise unlawful or tortious, or that would give rise to civil liability, (ii) is violent, threatening, or promotes violence or actions that are threatening to another person, (iii) is fraudulent, misleading, or deceptive, (iv) is defamatory, vulgar, obscene or pornographic, (v) promotes illegal activities or substances, (vi) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
(k) attempt to probe, scan, or test the vulnerability of any PropertyClub network or system, or to breach any security or authentication measures;
(l) use any software, devices, scripts, robots, web crawlers, other means or processes to access the Site or any web pages or Services contained within the Site;
(m) copy, store or otherwise access any information contained on the Site for purposes not expressly permitted by these Terms;
(n) use automated scripts to collect information from the Site, or to otherwise interact with the Site;
(o) access or attempt to access, or tamper with non-public areas of the Site, or any of PropertyClub’s systems or technology;
(p) avoid, bypass, remove, deactivate, impair, or otherwise circumvent any measure implemented by PropertyClub, or any other third party to protect the Site;
(q) attempt to access, download, decipher, decompile or reverse engineer any of the software and technology used by PropertyClub to provide the Site; or
(r) encourage, or assist any third party in doing any of the foregoing.
8. Other Users and Third Parties
PropertyClub is in no way liable for the actions of any Member or other users of the Site, or for the contents of any third party web sites. The opinions expressed by Members and other users do not necessarily represent those of PropertyClub, nor is PropertyClub responsible in any way for the words or actions of such persons or entities. In particular, you are solely responsible for determining whether to accept any contact provided by a Lister Member and whether to provide your contact information to such Member, and for any and all interactions and transactions with such Member.
9. Refusal and Termination of Services
You understand that PropertyClub may, at our discretion, without any liability to you, with or without cause , with or without prior notice and at any time: (a) terminate or deactivate your PropertyClub Account, and (b) terminate these Terms or your access to the Site. Upon termination of membership your right to use the Site or any service provided by PropertyClub is automatically terminated immediately. Upon termination of membership or access to the Site, you must destroy all materials obtained from the Site and all related documentation, copies, and installations thereof. PropertyClub will not have any liability whatsoever to you for any suspension or termination, including for the deletion of Your Content.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND THAT THE SITE IS PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. PropertyClub EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. PropertyClub MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PropertyClub MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, THE SERVICES OR CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE.
11. Limitations of Liability
NEITHER PropertyClub NOR ANY OF ITS SUPPLIERS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, INCLUDING LOST PROFITS, LOSS OF DATA OR ANY DAMAGES OR COSTS DUE TO LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS (EXCLUDING PropertyClub’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT), FROM THE USE OF OR INABILITY TO USE THE SITE, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE FROM YOUR LISTING OF ANY RENTAL VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PropertyClub HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL PropertyClub’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE , EXCEED: (A) THE AMOUNTS YOU HAVE PAID TO PropertyClub AS A RESULT OF YOUR USE OF THE SITE IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT(S) GIVING RISE TO THE LIABILITY (B) IN THE EVENT YOU HAVE NOT PAID PropertyClub ANY AMOUNTS DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT(S) GIVING RISE TO LIABILITY, ONE HUNDRED DOLLARS ($100).. THE LIMITATIONS ON DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PropertyClub AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
BY USING THIS SITE YOU AGREE TO INDEMNIFY, RELEASE, DEFEND, AND HOLD PropertyClub AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HARMLESS FROM ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) YOUR ACCESS TO OR USE OF THE SITE OR YOUR VIOLATION OF THESE TERMS; (B) YOUR CONTENT; (C)YOUR INTERACTION WITH ANY MEMBER; OR (D) YOUR LISTING(S).
13. Electronic Communications
You agree that the communications between you and PropertyClub may be conducted through electronic means, whether you visit the Site or send PropertyClub emails, or whether PropertyClub posts notices on the Site or communicates with you via email. For contractual purposes you consent to receive electronic communications and notices from PropertyClub and agree that any notice or communication you receive from PropertyClub by electronic means shall be equivalent to communication in writing and shall have the same force and effect as if they were in writing and signed by us. Communications sent to us must be sent to the applicable address given in these Terms or to [email protected]ropertyclub.nyc.
14. Governing Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the State of New York and the United States of America, without regard to its conflict-of-law provisions except where federal law including the Federal Arbitration Act apply. In any circumstance where the Arbitration Agreement below in the next section permits the parties to litigate in court, you and we agree to submit to the personal jurisdiction of the state and federal courts located in New York, New York. Arbitration Agreement:
By using the Site in any way, you unconditionally consent and agree that: (i) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the officers, directors and employees of PropertyClub and its parent, subsidiaries, affiliates (all such individuals and entities collectively referred to herein as the “Company Entities”) arising out of, relating to, or connected in any way with the Site or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in New York, New York; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of this Agreement and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Site; (v) the arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a className or representative basis, arbitration can decide only your and/or the applicable Company Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against you or any Company Entity; (viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Company Entity exceed $125 USD, and your are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, PropertyClub agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, PropertyClub will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (ix) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor PropertyClub shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
15. Digital Millennium Copyright Act
PropertyClub respects copyright law and expects its users to do the same. As such, PropertyClub complies with the provisions of the Digital Millennium Copyright Act (17 U.S.C. § 512), and has implemented procedures for receiving written notification of claimed infringements. If you have any complaints or objections to material posted on the Site you may contact our designated agent at the following address:
Attn: DCMA Agent
25 Broadway, suite 5021
New York, NY 10004
If you believe in good faith that your intellectual property rights have been infringed, you must include the following information via written notice:
* A physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
* A description of the copyrighted work or other intellectual property that is allegedly infringed;
* Identification of the material which you claim to be infringing and where it is on the Site;
* Your address, telephone number, and email address;
* A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
* A statement by you that, under penalty of perjury, the above information is accurate and that you are the copyright or intellectual property owner or that you are authorized to act on behalf of the owner of the allegedly infringed exclusive right.