2. Website Information and Remedies.Padfinders’s website is a technology platform owned and operated by Padfinders. The rental advertisements and related services posted on Padfinders’s website are procured and provided by Padfinders. In some cases, Padfinders provides certain technical support, marketing support, and customer support services to its subsidiaries and affiliates. In the case of any violation of our Agreement, Padfinders reserves the right to seek all remedies available by law and in equity for such violations, including termination of your use of Padfinders’s website. For purposes of our Agreement, the term "Website" may, at our option, include any current or future domestic co-branded websites, affiliated websites, private-label websites, and/or international websites in which Padfinders’s website currently participates or may participate in the future with regard to advertising services.
4. Content Requirements.To assure the value of Padfinders services, you agree that all of the information you have provided to Padfinders, whether online or otherwise, is accurate and complete. Lessors shall be solely liable for assuring that such advertisements are accurate and comply with all applicable laws. In addition, Lessors shall not:
- ask a Renter to wire funds, including by Western Union or MoneyGram.
- require a Renter to pay a nonrefundable lease application fee unless the Lessor has an actual or imminent vacancy.
- advertise on Padfinders’s website any Property for which the lease term will be less than 31 days.
5. Your License to Us.When you give us or otherwise authorize us to use content, you grant us a limited, non-exclusive, royalty-free, sublicensable right and license to copy, use, distribute, reproduce, modify, display, perform, create derivative works from, store and otherwise use the content, in any media known now or in the future, solely for the purposes and during the term of this Agreement, and you represent that you have sufficient rights in the content to make this grant.
6. Our License to You.Subject to the restrictions in the following sentence, Padfinders hereby authorizes you to view, copy, download and print the information and data ("Materials") available on Padfinders’s website, provided that: (1) if you are a Renter, the Materials are used solely for personal, noncommercial purposes and if you are a Lessor, the Materials are used only for the purposes of using the services expressly offered by Padfinders; (2) the Materials are not modified, republished, or redistributed; and (3) all copyright, trademark, service mark and other proprietary notices are reproduced as they appear in any such Materials. Any Materials that are produced or supplied by us in connection with your listing (including, without limitation, any ratings, reviews, regular or high definition photographs, regular, high definition or panoramic videos, and enhanced floorplan products purchased or provided by us) shall be owned by and remain our sole property and may not be copied or used by you for any purpose other than pursuant to your Advertising Agreement without our prior written consent. Without limiting the generality of the foregoing, as a Renter, you are only permitted to use Padfinders’s website to search for residential rentals, communicate with Lessors, and consider other move-related services; and as a Lessor, you are only permitted to use Padfinders’s website to advertise your Properties and communicate with Renters. Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark or copyright of Padfinders.
7. No Unauthorized Duplication.Except as otherwise stated herein, none of the content on the Website may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior written consent of Padfinders.
8. Trademarks.The term "Padfinders" and any other trademarks, trade names, logos and service marks, including Padfinders’s website are the property of Padfinders. You are not permitted to copy or otherwise use these Marks without the prior written consent of Padfinders or such other owner.
9. Access and Interference.Padfinders’s website may contain robot exclusion headers. Much of the information on Padfinders’s website is proprietary or is licensed to Padfinders’s website by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our prior written consent. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, use, reproduce, modify, create derivative works from, distribute or display any content provided by Padfinders without the prior written consent of Padfinders and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of Padfinders’s website or any activities conducted on Padfinders’s website; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to Padfinders’s website.
10. No Unlawful or Prohibited Use.As a condition of your use of Padfinders’s website, you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and any related activities, including the federal Fair Housing Act and any state and local fair housing laws. In addition, you warrant that you will not use Padfinders’s website in any way prohibited by these terms, conditions and notices. In addition, you will not:
- use Padfinders’s website if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from Padfinders’s website;
- use Padfinders’s website to advertise the Property owned by another person unless you are the duly authorized property manager, representative, or agent of the Property owner, and can bind such Property owner, and your representation of such person complies with all applicable laws;
- distribute or post spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm Padfinders’s website or the interests or property of Padfinders’s website users;
- copy, modify, republish or distribute content from the Website or our mobile applications or Padfinders’s copyrights and trademarks;
- impersonate another person or otherwise misrepresent your affiliation with another person or entity, conduct fraud, hide or attempt to hide your identity;
- provide inaccurate contact information or other information relative to your move or property;
- harvest or otherwise collect information about users, including email addresses, without their consent;
- offer Padfinders renters concessions less favorable than those offered to non-Padfinders renters;
- transmit to Padfinders’s website or any user any information or materials of any kind which (i) violate, plagiarize or infringe on the intellectual property or contractual rights of any third party; or (ii) are libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, tortious, invasive of another's privacy, hateful, or otherwise objectionable; or (iii) contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
11. Reporting Intellectual Property Infringement.Padfinders respects the intellectual property of others. If you believe that your rights have been infringed by content appearing on our Website, please email us at firstname.lastname@example.org to notify our designated agent. Please include the words "Notice of Infringement" in the subject line of the email. We reserve the right to remove content for any reason.
12. Links to Third-Party Websites.Padfinders’s website may contain links to websites operated by parties other than Padfinders. Such hyperlinks are provided for reference only. Padfinders does not control such websites and is not responsible for their content. Padfinders’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. If you decide to access any of the third party sites linked to this website, you do so entirely at your own risk.
13. General Disclaimer.Although Padfinders has attempted to provide accurate information on the Website, Padfinders assumes no responsibility for the accuracy of the information. All information provided on Padfinders’s website is provided "as is" with all faults without warranty of any kind, either express or implied. Padfinders hereby disclaims all warranties, express or implied, including, without limitation, those of merchantability, fitness for a particular purpose, title and noninfringement or arising from a course of dealing, usage or trade practice, except to the extent such disclaimers are held to be legally invalid.
14. Limitation on Liability.Neither Padfinders, its affiliates, or subsidiaries, or any of their respective directors, employees, agents, vendors or suppliers will be liable for any direct, indirect, special, punitive, consequential or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use the Website or any Padfinders advertisement, or damages from the use of or reliance on the information present on Padfinders’s website, even if Padfinders has been advised of the possibility of such damages.
15. Modification of the Website.Padfinders (and/or its suppliers) reserves the right in its sole discretion to improve, modify or remove any information or content appearing on the Website or mobile applications. Padfinders may discontinue or revise any or all aspects of the Website or mobile applications in its sole discretion and without prior notice. Without limiting the foregoing, Padfinders reserves the right to change the terms, conditions, and notices under which this Website or mobile applications are offered at any time. Unless otherwise provided in our Agreement, all amended terms automatically take effect upon acceptance for new users, or 30 days after they are posted on Padfinders’s website for all other users. It is your responsibility to check terms and conditions of this Agreement at the time of each use.
17. Release.Because Padfinders’s website is an advertising venue, in the event that you have a dispute with one or more users, you release Padfinders and its affiliates (and its respective officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
18. Nature of Padfinders Services.Padfinders operates a platform for Lessors desiring to advertise residential rental properties with available units, and the advertisements on Padfinders’s website are based on information provided by the Lessors. Accordingly, Padfinders is not responsible in any way for the content in any such advertisements, nor is Padfinders responsible for any actual lease transaction between a potential Renter and a Lessor. Padfinders does not render legal, brokerage, or other professional advice or services to either its Renter or Lessor customers.
19. Services Not Provided.Without limiting the generality of the foregoing, you acknowledge and agree as follows:
- Padfinders does not participate in any actual lease transactions, including, without limitation, negotiations, discussions, or proposals, and you expressly waive any requirement that purports to impose on Padfinders an obligation to perform any services other than those expressly undertaken by Padfinders;
- Padfinders does not render legal, brokerage, or other professional advice or services; in the event you desire or need such services, Padfinders strongly advises you to secure the same;
- Padfinders is not undertaking any, and has no, duties to either Renters or Lessors, including, without limitation, the obligation to inspect rental properties, to verify the veracity of information contained in an advertisement, or to interview or otherwise screen Renters;
- Padfinders is not responsible for the content of, nor does it endorse, the third-party websites to which you may link using this Website;
- Padfinders does not guarantee the accuracy of any information available on Padfinders’s website, and is not responsible for any errors, omissions, or misrepresentations, whether made by Lessors, Renters or otherwise and all information obtained on this Website must be verified independently;
- Padfinders may make changes to its products and/or services and this Website or mobile applications at any time and without notifying you or receiving your consent; and
- While Padfinders complies with applicable state and federal laws, including federal civil rights laws, Padfinders cannot guarantee that its users so comply. Accordingly, Padfinders assumes no liability for Renters' and/or Lessors' failures to comply with such laws.
20. Indemnity.You will indemnify and hold us (and our officers, directors, agents, affiliates, subsidiaries, joint ventures and employees), harmless from any cost, liability, charge, penalties, claim or demand, including reasonable attorneys' fees, court costs, and other costs of collection, made by any third party due to or arising out of any advertisement you place with us, your breach of this Agreement, or your violation of any law or the rights of a third party; or incurred by us as a result of your default under this Agreement.
21. Default and Remedies.Without limiting any other provision in this Agreement, in the event you default under this Agreement, including without limitation, by failing to pay us the specified advertising fees when due (if you are a Lessor), we will have the right to exercise any or all of the following remedies: (1) we can suspend any or all of your advertisements from Padfinders’s website - (2) we can terminate this Agreement; (3) we can ban your future use of Padfinders’s website; (4) we can impose interest on your past due amounts equal to the lesser of 1.5% per month or the maximum rate allowed by law; (5) we can impose an administrative service fee equal to five percent (5%) of all amounts past due; (6) we can reserve the right to condition your continued use of Padfinders services on requirements such as a fee increase, submission of a security deposit; and/or fee prepayment; and (7) we can exercise any and all rights and remedies available to us at law and in equity.
22. Resolution of Disputes.If a dispute arises between you and Padfinders, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Padfinders agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by calling 866.454.7912, Monday-Friday, 9 a.m. to 6 p.m ET. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
- Law and Forum for Disputes. This Agreement shall be governed in all respects by the laws of the State of Florida, without regard to conflict of law provisions. You agree that any Claim or dispute you may have against Padfinders must be resolved by a court located in Charlotte, North Carolina, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Charlotte, North Carolina, for the purpose of litigating all such Claims or disputes.
- Arbitration Option. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, he/she shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Improperly Filed Claims. All Claims you bring against us must be resolved in accordance with this Resolution of Disputes Section. All Claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a Claim contrary to the Resolution of Disputes Section, Padfinders may recover attorneys' fees and costs up to $1,000, provided that Padfinders has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.
23. Notices.Except as explicitly stated otherwise, notices should be sent to us at the address on your Contractual Agreement and notices to you will be sent to the email address you provide to Padfinders during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, if you are a Lessor, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.