You must agree to this ToU in order to use the Service. If you use the Service, or click to accept or agree to this ToU if presented to you in a user interface for the Service, we will understand this as your acceptance of this ToU and your agreement to all of its terms and conditions. By accepting this ToU or using the Service, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside. If you do not accept this ToU, then you may not use the Service. If you are using the Service on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your employer or such other entity to this ToU. If you do not have such authority, then you may not use the Service on behalf of your employer or such other entity and you must discontinue all use of the Service immediately.
2.1. No Agent or Broker Relationship. The Site and the Service provide an online venue which landlords, landlord representatives, brokers, property managers, sub-lessors and potential renters can use to find and exchange information in connection with potential transactions involving residential real estate and, if they choose, to arrange transactions with one another. HSR is not a listing agent, licensed real estate professional, or brokerage agent, and it does not counsel parties to real estate rental transactions, assess the qualifications of potential tenants, physically show properties, or negotiate rental leases or sales contracts. No brokerage relationship or any agency or fiduciary relationship is intended to be or shall be deemed to have been created between HSR and any user of the services provided by HSR. Additionally, real estate transactions are governed by various laws, practices and customs for which HSR shall not be liable. You are advised to seek the help of a licensed real estate professional and/or a real estate attorney to help in the negotiation and completion of any real estate transaction. In addition to our Service, the Site may contain listings or other information from third parties. We do not control and are not responsible for the content of these parties
2.2. Provision of the Service. You are responsible for any Internet connection and telecommunications fees and charges that you incur when accessing the Service.
2.3. Termination of Service. HSR reserves the right to deny service to any person or entity at HSR’s sole and absolute discretion. You acknowledge and agree that HSR may stop providing the Service or restrict your use of the Service at any time, without notifying you in advance, for any reason or no reason, including, without limitation, for any violation of this ToU or if HSR suspects that you have used any aspect of the Service to conduct any fraudulent or illegal activity. If HSR disables your access to your account, you may be prevented from accessing the Service, your account details or any materials contained in your account.
3.1. Account. To access certain aspects of the Service, you must have an account. You can create an account by completing the registration process. You may be required to provide information about yourself as part of the registration process or your continued use of the Service. You agree that any registration information that you submit to HSR will be correct, accurate and up to date.
3.2. Fees. You agree to pay all applicable fees and taxes incurred by you or anyone using your account. Unless otherwise noted, all currency references are in U.S. dollars. Prices are subject to change without notice until a booking has been confirmed. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. HSR may, from time to time, modify, amend, or supplement its pricing and billing procedures, and such changes shall be effective immediately upon posting a link to an update of this ToU or posting such changes elsewhere on the Site. If there is a dispute regarding your payment of fees, or the Service, HSR shall have the right to terminate your account without prior notice. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
3.3. Account Security. Maintaining account security is very important. You are solely responsible for maintaining the confidentiality of your account password. You agree to notify HSR immediately if you become aware of any unauthorized use of your password or of your account.
3.4. Account Sharing or Transfers. Accounts are registered to you personally and may not be sold, traded, gifted or otherwise transferred at any time under any circumstances. You may not share your account with, or disclose your password to, anyone else.
3.5. Cancellation by You. You have the right to cancel your account at any time. You may cancel your account by contacting us via email at info(at)HSR(dotted)com
3.6. Termination by HSR. HSR may at any time terminate your account if:
- a. HSR determines that you are (i) in breach of or otherwise acting inconsistently with this ToU or (ii) engaging in fraudulent or illegal activities or other conduct that may result in liability to HSR;
- b. HSR determines it is required by law to terminate your account; or
- c. HSR decides to stop providing the Service or critical portions of the Service.
3.7. Effect of Account Termination or Cancellation. If you voluntarily terminate your account, you may be able to reactivate that account at any time. Accounts terminated by HSR for any type of abuse including, without limitation, a violation of this ToU, may not be reactivated for any reason.
4. Use Requirements.
4.1. License Grant. Subject to the terms and conditions of this ToU, HSR hereby grants you a limited, non-exclusive, personal, non-sublicensable, non-assignable license to use the Site solely in accordance with this ToU and any rules, restrictions or documentation set forth by HSR from time to time.
4.2. Updates. You acknowledge and agree that HSR may update the Service from time to time with or without notifying you, and may add or remove features or functions to the Service at any time in its sole discretion. You acknowledge and agree that HSR has no obligation to make the Service available to you, make any subsequent versions of the Site available to you or to continue to support the Service in any way. You acknowledge that your access to the Service may not be continuous, features may change during your use of the Service, and HSR may terminate your access to the Service or stop offering the Service at any time.
4.3. Communications with HSR. HSR uses email and other electronic means to stay in touch with our users. Additionally, we may contact you via the Site or telephone. For contractual purposes, you (a) consent to receive communications from us in an electronic form via the email address and you have submitted or via the chat service available directly through the Site; (b) consent to be contacted by phone or physical mail; and (3) agree that all of the ToU, agreements, notices, policies, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper.
5. Restrictions and Conditions of Use.
5.1. Use of the Service. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, materials, data or services obtained from the Service. HSR reserves the right to add or remove information, content or Services from the Site at any time at its sole discretion.
5.2. Accessing the Service. You agree not to access, or attempt to access, the Service by any means other than through the user interface provided through the Site. You specifically agree not to access, or attempt to access, the Service through any automated means (including, without limitation, through the use of scripts, bots, spiders or web crawlers) and you agree to comply with the instructions contained in any robots.txt file present on the Site.
5.3. No Violation of Laws. You agree that you will not, in connection with your use of the Service, violate any applicable law, ordinance, rule, regulation or treaty. Without limiting the foregoing, you agree that you will not make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
5.4. Use Restrictions. You may not connect to or use the Service in any way that is not expressly permitted by this ToU.
- a. You may not: (i) remove any proprietary notices from the Service; (ii) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Service; (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity without the prior written consent of HSR; or (iv) make any false, misleading or deceptive statement or representation regarding HSR or the Service.
- b. Without limiting the foregoing, you agree that you will not: (i) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Service (or any servers, systems or networks connected to the Service) or otherwise attempt to obstruct, disrupt or interfere with the operation of the Service or any other person’s or entity’s use of the Service (or any servers, systems or networks connected to the Service); (ii) attempt to gain unauthorized access to the Site, the Service, accounts registered to other users, or any servers, systems or networks connected to the Service; (iii) use the Service for any commercial purpose unless consistent with this ToU and the intended use of the same, or for the benefit of any third party, or charge any person or entity, or receive any compensation for, the use of the Service, unless you are specifically authorized to do so in a separate written agreement with HSR; (iv) use the Service to develop, generate, transmit or store information that is defamatory, harmful, abusive, obscene or hateful; (iv) use the Service to perform any unsolicited commercial communication not permitted by applicable law; or (v) use the Service to engage in any activity that (A) constitutes harassment or a violation of privacy or threatens other people or groups of people; (B) is harmful to children in any manner; (C) constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s identity (whether a real identity or online nickname or alias); or (D) violates any applicable law, ordinance, rule, regulation or treaty.
- c. Without limiting the foregoing, you agree that you will not use the Service for any other unlawful, prohibited, abnormal or unusual activity as determined by HSR in its sole discretion.
5.5. No Data Mining or Harmful Code. You agree that you will not (a) obtain or attempt to obtain any information from the Service including, without limitation, email addresses or mobile phone numbers of other account holders or other data; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Service, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, any aspect of the Service.
5.6. Violation of this ToU. You acknowledge and agree that you are solely responsible, and HSR has no responsibility or liability to you or any other person or entity, for any breach by you of this ToU or for the consequences of any such breach. HSR may at its option, terminate its relationship with you, or may suspend your account immediately if it determines you are using the Service contrary to the restrictions found in this Section 7 or any other terms of this ToU.
6. Fair House
6.1. We comply with section 3604(c) of the Federal Fair Housing Act
. This law generally prohibits stating, in any notice or ad for the sale or rental of a dwelling, a discriminatory preference based on any of the following protected categories: Race or Color, National Origin, Religion, Sex, Familial Status or Disability. The Fair Housing Act provides additional protections, and limited exceptions, that are explained in publications from the U.S. Department of Housing and Urban Development
(“HUD”) and the Department of Justice
. State and local laws may apply as well. We will block or remove any listings that we are notified of that we reasonably believe may violate these laws. All submissions and use of the Services are subject to the federal and California fair housing laws which make it illegal to indicate in any advertisement “any preference, limitation, or discrimination because of race, color, religion, sex, physical or mental disability, familial status (e.g. “No children” or “Not suitable for Children”), sexual orientation, ancestry, marital status, or source of income (e.g. “No Section 8” is prohibited). Your local jurisdiction may impose additional requirements. Complaints alleging discrimination in housing may be filed with the nearest office of the HUD, or by calling HUD’s toll free number, 1-800-669-9777 (voice), or 1-800-543-8294 (TDD).
7.1. Links from the Site. The Site may contain links to websites operated by other parties. HSR provides these links to other websites as a convenience and use of these websites is at your own risk. The linked websites are not under the control of HSR and HSR is not responsible for the content available on the other websites. Such links do not imply HSR’s endorsement of information or material on any other website and HSR disclaims all liability with regard to your access to and use of such linked websites.
7.2. Links to the Site. Unless otherwise set forth in a written agreement between you and HSR, if you link to the Site from any other location, you must adhere to HSR’s linking policy as follows: (a) the appearance, position and other aspects of any link to the Site may not be such as to damage or dilute the goodwill associated with HSR’s or its licensors’ names and trademarks; (b) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with HSR; and (c) when selected, the link to the Site must display the Site on full-screen and not within a “frame” on the linking website, unless such “frame” is displayed using code provided by HSR and used with HSR’s approval. HSR reserves the right to revoke its consent to the link at any time and in its sole discretion.
8. Intellectual Property.
8.1. Trademarks. The HSR name and logo are trademarks and service marks of HSR. Unless permitted in a separate written agreement with HSR, you do not have the right to use any of HSR’s trademarks, service marks or logos and your unauthorized use of any of these may be a violation of federal and state trademark laws.
8.2. Ownership. You acknowledge and agree that HSR (or its licensors) owns all right, title and interest in and to the Service, including all intellectual property and proprietary rights recognized anywhere in the world at any time and that the Service is protected by U.S. and international copyright laws. Further, you acknowledge that the Service may contain information that HSR has designated as confidential, and you agree not to disclose such information without HSR’s prior written consent.
10. Children. The Service is not directed toward children under 18 years of age, and HSR does not knowingly collect information from children under 18 or allow them to create an account or access account features. If you are under 18 years of age, please do not submit any personal information about yourself to HSR.
11. DISCLAIMER OF WARRANTIES.
11.1. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
11.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HSR EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
11.3. HSR MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY MATERIALS, INFORMATION OR DATA AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SERVICE UNLESS EXPLICITLY STATED.
11.4. HSR DOES NOT REPRESENT OR WARRANT THAT (a) YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (b) THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS; (d) DEFECTS IN THE OPERATION OF THE SERVICE WILL BE CORRECTED; OR (e) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11.5. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICE IS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE OR OTHER DEVICE OR ANY LOSS OF DATA RESULTING FROM DOWNLOADING OR OBTAINING SUCH MATERIAL. Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you. In such states or jurisdictions, the liability of HSR and the Related Parties shall be limited to the fullest extent permitted by law.
12. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY.
12.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HSR AND ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) SHALL NOT BE LIABLE TO YOU UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR:
- a. ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES—INCLUDING LOSS OF PROFITS, USE, DATA, OR GOODWILL—ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON INFORMATION CONTAINED ON THE HSR BLOG), EVEN IF HSR OR THE RELATED PARTIES HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES;
- b. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; OR
- c. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY MATERIALS, INFORMATION OR DATA MAINTAINED BY OR THROUGH YOUR USE OF THE SERVICE.
12.2. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF HSR OR ANY OF THE RELATED PARTIES EXCEED THE GREATER OF (a) THE TRANSACTION FEES PAID TO HSR IN RESPECT OF THE TRANSACTION(S) ON THE SITE GIVING RISE TO THE CLAIM OR (b) ONE HUNDRED DOLLARS ($100). Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of HSR and the Related Parties shall be limited to the fullest extent permitted by law.
13. Indemnification. You agree to defend, indemnify and hold HSR and the Related Parties harmless from and against any and all claims, demands, liabilities damages and losses including, without limitation, reasonable attorneys’ fees, resulting from or arising out of (a) your use of the Service; or (b) your breach of this ToU or any other policies that HSR may issue for the Service from time to time.
14. Governing Law; Jurisdiction. This ToU is governed by California law, without regard to conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and HSR agree that, except as otherwise provided in Section 15 below, the state and federal courts located in the County of Los Angeles, California will have exclusive jurisdiction of all disputes arising out of or related to this ToU or your use of the Service and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, HSR shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.
15. Binding Arbitration.
15.1. Arbitration Procedures.
You and HSR agree that, except as provided in Section 16.4
below, all disputes, controversies and claims related to this ToU (each a “Claim
”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules
”) and under the terms set forth in this ToU. In the event of a conflict between the terms set forth in this Section 15 and the JAMS Rules, the terms in this Section 16
will control and prevail.
Except as otherwise set forth in Section 16.4, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and HSR will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this ToU, (a) you and HSR may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
15.2. Location. The arbitration will take place in Los Angeles, California, unless the parties agree to video, phone or internet connection appearances.
15.3. Limitations. You and HSR agree that any arbitration shall be limited to the Claim between HSR and you individually. YOU AND HSR AGREE THAT (a) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (b) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (c) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
15.4. Exceptions to Arbitration. You and HSR agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Claim seeking to enforce or protect, or concerning the validity of, any of HSR’s intellectual property rights; (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
15.5. Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
15.6. Severability. You and HSR agree that if any portion of this Section 15 is found illegal or unenforceable (except any portion of Section 15.4), that portion shall be severed and the remainder of the section shall be given full force and effect. If Section 15.4 is found to be illegal or unenforceable then neither you nor HSR will elect to arbitrate any Claim falling within that portion of Section 15.4 found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the County of Los Angeles, California, United States of America, and you and HSR agree to submit to the personal jurisdiction of that court.
16.1. ToU Revisions. This ToU may only be revised in a writing signed by HSR or published by HSR on the Site.
16.2. U.S. Resident. HSR is hosted and operated entirely in the United States and is subject to United States law. Please do not provide us with any information if you live outside of the United States. If you are from a jurisdiction outside of the United States, please notify us so that we may take necessary action. This may include terminating your access and deleting your information. We are committed to resolving those issues, so if you have any questions about how we collect or use your information you may email us. If you choose to access the Service from a location outside of the United States, you do so on your own initiative, and you are responsible for compliance with applicable local laws.
16.3. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and HSR as a result of this ToU or your use of the Service.
16.4. Assignment. HSR may assign its rights under this ToU to any person or entity without your consent. The rights granted to you under this ToU may not be assigned without HSR’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.
16.5. Severability. If any part of this ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.
16.6. Attorneys’ Fees. In the event any litigation or arbitration is brought by either party in connection with this ToU, except as otherwise provided in Section 16.5, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
16.7. No Waiver. Our failure to enforce any provision of this ToU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by HSR of any provision, condition or requirement of this ToU shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.
All notices given by you or required under this ToU shall be in writing and sent to info(at)HSR(dotted)com
16.9. Equitable Remedies. You acknowledge and agree that HSR would be irreparably damaged if the terms of this ToU were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this ToU, in addition to such other remedies as we may otherwise have available to us under applicable laws.
16.10. Entire Agreement. This ToU, including the documents referenced in this ToU, constitutes the entire agreement between you and HSR with respect to the Service and supersedes any and all prior agreements between you and HSR relating to the Service.