TERMS OF SERVICE
Terms and Conditions of Use
(Effective as of January 12, 2017)
Welcome to Casaide. We aim to uphold the highest level of professionalism and ethics in the real estate industry.
If you need legal, tax or other advice, consult with a professional in that field.
This is an agreement (“Agreement”) between Casaide Inc. and its affiliates (“Casaide”, "we", "our" or "us"), Casaide.com (the “Site”) and affiliated sites, any Casaide services (“Service”), and you (“you”, “your” or “user(s)”), a user of the Site and Service. Any data, text, photos, media, or other communications submitted by you shall be referred to as “Content” throughout this Agreement.
Equal Housing Opportunity. We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status or national origin.
- In order to use our Service, you must meet a number of conditions, including but not limited to:
- If you are an agent or other real estate professional using our Site or Service to find buyers or sellers of property, you must be licensed as a real estate agent or otherwise authorized to act in such as a capacity (such as by being a licensed lawyer) in the jurisdiction in relation to which you intend to market your services.
- You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service.
- Compliance with Laws. You represent and warrant that: (i) you have the authority to, and are of legal age in your jurisdiction to, bind yourself to this Agreement and must not be less than 18 years of age; (ii) your use of the Service will be solely for purposes that are permitted by this Agreement; (iii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party; and (iv) your use of the Service will comply with all local, state and federal laws, rules, and regulations, and with all other Casaide policies.
- If you sign up for the Service, you will create a personalized account which includes a unique username and a password to access the Service and to receive messages from Casaide. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You agree to notify Casaide immediately of any unauthorized use of account, or any other breaches of security. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your computer, mobile device, or other computing device and/or account.
- We’re a real estate broker and a platform that assists in connecting users looking to complete a property transaction (“Buyers”) with real estate agents or other real estate professionals (“Real Estate Agents”). As Casaide is only a platform, we do not endorse or otherwise verify the reliability of any Real Estate Agents that is not affiliated with our brokerage. Users agree to assume all liability for the use of our Service and agree to hold Casaide harmless for any losses arising from or relating to your use of our Service. No fiduciary relationship, agency, joint venture or partnership is created between any users of the Service and Casaide. You agree that Casaide is not a party to any contracts entered between you and any other third parties encountered through our Site and Service.
- Modification of Service
- We reserve the right to alter, update, or remove our Service at any time. We may conduct such modifications to our Service for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Service for security, legal or other purposes.
- Casaide May Monitor Interactions. At our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
Our License Grant to You
- When using our Service, you are responsible for your use of Casaide, and for any use of Casaide made using your account. Specifically, you agree that:
- You will not copy, distribute or disclose any part of the Site or the Service in any medium, including without limitation by any automated or non-automated “scraping”;
- If you are a Real Estate Agent you will comply with any state laws and state regulations, and your use of our Site and Service will not violate any laws, rules, or obligations that you may have with any state or any other third party;
- You are using this Site for noncommercial and personal reasons;
- Your use of our Site and Service does not violate any prior obligation, contract, or agreement that you may have with a third party.
- You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or Service;
- You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You will not collect or harvest any personally identifiable information, including account names, from the Service;
- You agree not to stalk, harass, bully or harm another individual who uses our Site or Service;
- You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
- You agree that you will not hold Casaide responsible for your use of our Site;
- You agree not to violate any requirements, procedures, policies or regulations of networks connected to us;
- You agree not to interfere with or disrupt the Site or Service;
- You agree not to hack, spam or phish us or other users;
- You agree to provide truthful and accurate content;
- You agree to not violate any law or regulation and you are responsible for such violations;
- You will not use our Site to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent content;
- You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a third party’s website, such as by requesting its removal from a search engine;
- You will not upload any Content to our Site that includes any third party intellectual property unless you have permission from the owner to use such Content.
- If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Service may at our discretion be terminated or suspended. We may also suspend or terminate your access to Casaide if we feel that any of your activities through our Site or Service may harm our rights. Generally, we will provide an explanation for any suspension or termination of your use of any of our Services, but we reserve the right to suspend or terminate any account at any time without notice or explanation.
- When submitting any Content, please ensure that such Content is accurate. We are not required to host, display, or distribute any of your posts and we may refuse to accept or transmit any Content or delete your Content at any time. You understand that when using the Service you may be exposed to Content from a variety of sources, and that we’re not responsible for the accuracy, validity, or usefulness of Content created by others. You agree that you are solely responsible for any Content submitted and that we cannot guarantee the absolute safety and security of any such information. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Casaide with respect thereto, and agree to indemnify and hold Casaide, its owners/operators, affiliates, and/ or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. When you submit any Content to us, you grant Casaide and its affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your Content and anything we may make with your Content through Casaide or any other medium currently invented or invented in the future. We reserve the right to display advertisements in connection with your Content, and to use your Content to advertise and promote Casaide. Additionally, although you own all Content submitted by you, we own all layouts, arrangement, metadata and images that are used to render your Content through our Service. By submitting any Content to our Site and Service, you hereby represent and warrant that you own all rights to your Content or, alternatively, that you have the right to give us the license described above. You also promise that you have paid and will pay in full all fees or other payments related to the use of your post. Finally, you agree that your post does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
Public Display of Content
- When submitting any Content to us, you understand that this Content may be viewable by the public or other users. It is recommended that Content that you submit to our Site and Service be tasteful and up to community standards. You agree that we at our sole discretion may remove any Content that we determine is not up to community standards.
Compliance With All Laws and Regulations
- Casaide is not responsible for your violation of any laws while using our Site and Service. Users must comply with all local, state, or federal laws regarding your use of our Site and Service. Our Site and Service is void where prohibited.
Intellectual Property Notice
- Casaide retains all ownership of our intellectual property, including our copyrights, patents, and trademarks.
- No Transfer. Casaide retains ownership of all intellectual property rights of any kind related to the Website and Service, including applicable copyrights, patents, trademarks and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Website and the Service may be the trademarks of other third parties. This Agreement does not transfer from us to you any Casaide or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with us. We reserve all rights that are not expressly granted to you under this Agreement.
- Any trademarks that appear, are displayed, or are used on the Website or as part of the Service are that are registered or common law trademarks or service marks of Casaide, Inc. may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from Casaide, except as an integral part of any authorized copy of the Content.
Real Estate Agent License Status
- License Status Notification. As a Real Estate Agent using our Site and Service, you agree to notify us immediately of any changes in the status of any real estate licenses held by you. Additionally, you will notify us of any pending actions that may affect the status of any real estate licenses. Failure of a Real Estate Agent to notify Casaide may result in suspension or termination of the Service and/or legal action.
Real Estate Agent Subscription Billing
- Recurring Billing. By starting your Casaide membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Casaide service, such as taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
- No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
- Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the "Settings" link, available at the top of the pages of the Casaide website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
- Cancellation. You may cancel your Casaide membership at any time. To cancel, go to the "Your Account" page on our website and follow the instructions for cancellation. We reserve the right to cancel your Casaide membership and subscription.
Copyright Infringement and DMCA Policy
- If you believe that material located on or linked to by Casaide violates your copyright, please notify Casaide in accordance with our Digital Millennium Copyright Act Policy.
- Termination of Repeat Infringer Accounts. Casaide respects the intellectual property rights of others and requests that our Users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we will terminate a User’s access to and use of the Website if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of Casaide or others. We may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
- DMCA Takedown Notices. If you are a copyright owner or an agent of a copyright owner and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending a properly formatted take-down notice to Casaide at email@example.com.
- Response To DMCA Takedown Notices. If Casaide takes action in response to an infringement notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by that party to Casaide.
- Counter-Notices. If you believe that your User-Generated Content that has been removed from the Website is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content you submitted to the Website, you may send a properly formatted counter-notice to Casaide using the contact information set forth above.
- Response to DMCA Counter-Notices. If a counter-notice is received by Casaide, Casaide may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content will be reinstated on the Website in 10 to 14 business days after receipt of the counter-notice.
- We do not guarantee that the Site will always be available, work, or be accessible at any particular time. Although we aim to provide you with accurate data and content through our Site and Service, please be aware that our Service and any information found within it are offered “as-is.” Only users who are eligible to use our Site or Service may do so. We reserve the right to terminate access for anyone for any reason. You agree that any information listed by us or a third party on our Site and Service may be inaccurate, unsubstantiated or possibly even incorrect. We cannot guarantee that using our Service will give you any desired results. We do not endorse, represent, warrant, or otherwise verify any third parties who use our Service or post Content on our Site. We assume no responsibility for the accuracy or completeness of any information listed on our Site. You assume all responsibility for any such information listed on our Site. You agree to release us from any liability that we may have to in relation to your use of our Site and Service. You agree that it is your responsibility to verify any credentials of any third parties you may encounter through our Site and Service. You agree that we are not responsible for verifying the licensing of any Real Estate Agents and that you are solely responsible for such verification.
Representations and Warranties
- THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER CASAIDE NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) ANY SERVICES OFFERED THROUGH THE CASAIDE SERVICE; (C) OUR CONTENT AND ANY USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO CASAIDE OR VIA THE SERVICE. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUSES. CASAIDE DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. CASAIDE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. CASAIDE DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF CASAIDE’S SERVICES WILL RESULT IN THE IDENTIFICATION OF A REAL ESTATE AGENT WHO WILL BE ABLE TO SUCCESSFULLY CONCLUDE YOUR DESIRED REAL ESTATE TRANSACTION, OR THAT ANY REAL ESTATE SALES OR LEASE AGREEMENT THAT YOU CONTEMPLATE OR ENTER INTO, WITH OR WITHOUT THE ASSISTANCE OF A REAL ESTATE AGENT, WILL BE CLOSED OR BE CONSUMMATED, OR WILL OCCUR WITHOUT RISK TO YOU. WE RELY ON VARIOUS SOURCES OF INFORMATION IN IDENTIFYING THE REAL ESTATE AGENTS FOUND ON CASAIDE, BUT DO NOT VERIFY THE ACCURACY OF SUCH INFORMATION. OUR REFERENCE TO OR SUGGESTION THAT YOU ENGAGE ANY REAL ESTATE AGENT THROUGH THE SERVICES OR OTHERWISE DOES NOT MEAN OR IMPLY THAT CASAIDE IS ASSUMING ANY RESPONSIBILITY FOR THE ACTUAL SERVICES RENDERED TO YOU BY ANY REAL ESTATE AGENT OR OUR SPONSORSHIP OF, OR AFFILIATION WITH ANY SUCH REAL ESTATE AGENT. CASAIDE DOES NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND CASAIDE SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THIS AGREEMENT. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. CASAIDE DOES NOT ENDORSE ANY CONTENT OR PRODUCTS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT OR PRODUCTS FOUND ON OR THROUGH CASAIDE. IN THE EVENT OF ANY ISSUE OR PROBLEM WITH THE SERVICES FOUND THROUGH THIS CASAIDE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS THROUGH THIS AGREEMENT.
Limitation of Liability and Release
- IN NO EVENT SHALL CASAIDE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE WEBSITE OR OUR SERVICES DUE TO ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SERVICE, (III) ANY INTERRUPTION,MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR APP TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) ANY FAILURE OF ANY THIRD PARTY INFORMATION OR PRODUCTS LISTED AND SOLD ON OUR SITE AND SERVICE, INCLUDING ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL , (VI) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR (VII) ANY ERRORS OR OMISSIONS IN OUR SITE OR SERVICE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR SITE OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future. IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. CASAIDE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. YOUR ABILITY TO USE OUR SITE AND SERVICE IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT WE MAY BE FOUND LIABLE TO YOU FOR ANY ISSUES REGARDING OUR SITE AND SERVICE, YOU AGREE OUR TOTAL LIABILITY TO YOU WILL NOT EXCEED $100 USD OR THE TOTAL AMOUNT YOU SPENT WHILE USING OUR SITE AND SERVICE WITHIN THE LAST SIX MONTHS, WHICHEVER IS GREATER.
- You agree to defend, indemnify and hold harmless Casaide, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- your use of and access to the Casaide Site and Service; your violation of any term of these Terms of Service; any claim that your actions caused harm, injury, or damage to a third party; your violation of any third party right, including without limitation any copyright, property, or privacy right.
- This defense and indemnification obligation will survive this Agreement and your use of the Casaide Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
- You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
- Casaide or its users may post links to third party websites on its Site, which may include information that we have no control over. Whether you access third party websites through a link on our Site, or as a consequence of using our Service, you acknowledge that you are aware that these third party websites are not screened for privacy or security issues by us, and you release us from any liability for the conduct of these third party websites. Furthermore, Casaide does not endorse, verify, or otherwise ensure the accuracy of any information posted or linked through third party websites including any services or products sold by such third parties.
Termination of Your Service
- If we determine that any of your actions may harm Casaide, we may terminate or suspend your account, or our Service without notice, though we will strive to provide a timely explanation in most cases. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You agree that we are not required to provide you with access to our Site and Service and may terminate our Site and Service at any time and for any reason.
- You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
- We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Service. Your continued use of the Service after the effective date of a revised version of this Agreement constitutes your acceptance of its terms.
- The communications between you and Casaide use electronic means, whether you visit the Site or Service or send Casaide e-mails, or whether Casaide posts notices on the Site or Service or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from Casaide in an electronic form; (2) agree that all terms, conditions, agreements, contracts, notices, disclosures, and other communications that Casaide provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. By submitting your contact information to us, you consent to being contacted by email, text message, or phone to receive updates and company information and related marketing. The foregoing does not affect your statutory rights.
- Legal Notice To Casaide Must Be In Writing. Communications made through email or the Service’s private messaging system will not constitute legal notice to Casaide or any of our officers, employees, agents or representatives in any situation where notice to Casaide is required by contract or any law or regulation.
Choice of Law
- Governing Law. Except to the extent applicable law provides otherwise, this Agreement between you and Casaide and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of Delaware, without regard to conflict of law provisions. You and Casaide agree to submit to the exclusive jurisdiction and venue of the courts located in the City of Wilmington and County of New Castle, Delaware, except as provided below in this Agreement. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
- Severability. If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Casaide to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
- Limitation of Term of Action. You agree that any cause of action related to or arising out of your relationship with Casaide must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
- Arbitration. Should a dispute arise between you and Casaide, we would like to provide you with a neutral and cost-effective means of resolving the dispute quickly. Therefore, for any claim (except for claims for injunctive or equitable relief or claims regarding intellectual property rights) under this Agreement , either party may elect to resolve any dispute arising under this Agreement through binding non-appearance-based arbitration. The party electing arbitration must initiate it 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 will be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration will 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.
- You and Casaide agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
- Section Headings and Summaries Non-Binding. Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
Last revised: January 12, 2017.
By email at: firstname.lastname@example.org
What Information We Collect:
The information we collect generally falls into three categories: personal information you provide voluntarily, tracking information we may collect as you use our Services; and information and statistics collected from third parties.
- Information Collected Automatically: We may receive and store certain types of information whenever you interact with the Services. We automatically receive and record information from your browser, including your IP address, search queries, cookie information, mobile device identification and the listings and pages you request. We also record the details of your activity on the Services. This information may be used by us to develop new services or improve the Services.
- Information Collected from Third Parties: If you choose to register on our Site or otherwise link your Casaide account with a third party’s service, we may receive information about you directly from those services. We may receive additional information about you, such as demographic data, employment information, social media networking and imprints or fraud detection information, from third party partners and service providers and combine it with other information that we have about you. Specific and limited to our Agents, we may collect information about our Agents from Casaide provided third party email and phone service providers.
- Aggregate Information: We collect statistical information about how both users, collectively, use the Services ("Aggregate Information"). Some of this information is derived from Personal Information. This statistical information is not Personal Information and cannot be tied back to you. This type of aggregate data enables us to figure out how often users use parts of the Services so that we can make the Services appealing to as many users as possible, and improve the Services.
How We Use Your Personal Information:
We use your personal information to (i) effectively and optimally provide content and Services to you; (ii) customize your online experience; (iii) provide you with personalized email and direct mail; (iv) help us improve the Website and Services; (v) to fulfill any other purpose for which you provide it; (vi) to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including billing and collection; (vii) to contact you regarding the Services or your account; (viii) in any other way we may describe when you provide the information; (ix) for any other purpose with your consent.
How Your Information May Be Shared:
We value your privacy and always place the utmost respect on it. We may share your information with third parties under limited circumstances.
- Third Party Partners and Service Providers. We may share your information with third-party partners and service providers who help us operate and maintain our Website or deliver our Services, including, but not limited to, the processing of payments, digital document signing, and storage of personal information. Any third-party service provider with whom we share your information will be restricted from using or disclosing your personal information for any purpose other than as necessary to provide the services for which the information was disclosed.
- Email Communications with Us and Other Users: As part of the Services, you may occasionally receive email and other communications from us, such as communications relating to promotions we are offering through the Services. You acknowledge and agree that by posting information on or through the Services, or requesting that we do so on your behalf, we and our Agents, the landlords, tenants, buyers or sellers relevant to your request for Services, and others may send you e-mail, contact you or engage in other communications that they determine in their sole discretion relate to your profile or use of the Services.
- For Legal Purposes. We will release information when we believe we are legally required to do so, such as in response to a court order or subpoena. We may also be required to release information if we are purchasing or selling a business, although in such cases your information would typically be covered by a non-disclosure agreement.
- Aggregate Information. We may disclose and/or sell to third parties non-personally-identifiable information and aggregate statistics, such as results from surveys, prediction requests or other requests for information, overall patterns or demographic reports, and information regarding user behavior as a measure of interest in, and use of, our Website and marketing materials. However, such disclosures will not describe or identify any individual user.
- Advertising; Third-party tracking; retargeting or analysis: We may from time to time, share User Information with third parties or permit third party-tracking, retargeting or data analysis across our Website or Service for our promotional purposes.
- Information Shared with Our Agents: We contract with people and other entities, including our independent contractor licensed real estate salespersons and brokers, ("Agents"), that may offer or provide services to you. We may share Personal Information with our Agents in connection with their provision of services to you related to the sale, purchase, lease or financing of properties and the advertising and marketing of such properties and related services. You hereby consent to our sharing of Personal Information with our Agents.
- Information Disclosed Pursuant to Business Transfers: In some cases, we may choose to buy or sell assets. User information is typically one of the transferred business assets. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.
- Information We Share in Connection with the Services Performed for You: The information you provide, including, without limitation, your profile information, search criteria, username, email, and address may be used to facilitate and provide the services for you and transactions within the Services. This may include, without limitation, sharing your Personal Information with potential landlords, owners, co-brokers, our Agents and our third party partners and service providers, as applicable, to your request for Services; and if you are landlord or owner, we may also share your Personal Information (such as name, listing address, etc.) to potential tenants, buyers, co-brokers, our Agents and our third party partners and service providers, as applicable, in connection with the Services.
We may use tracking technologies to collect information about your online activities over time and across third-party websites or other online services.
How To Opt-Out of Our Information Uses:
To subscribe to a service/product or register to use the Website, we require minimal personal and non-personal information. You may avoid the collection of personal information by not subscribing/registering or using the Website.
You cannot opt-out of our use of your information for legal purposes or to respond to a request that you initiated.
Updating or Correcting Your Information:
Please let us know if any information you have provided to us is incorrect or incomplete, and we will use reasonable efforts to update or correct it promptly.
We have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect. We maintain secure processes to collect, transmit, and store your personal information.
For password-protected features, we urge you to keep any online password we may provide you in a safe place and not to disclose it to anyone. Also be sure to sign-out and close your browser window when you have finished your visit, especially if you are sharing a computer with someone else or are using a computer in a public place, such as a library or Internet cafe.
Information Belonging to Minors:
We do not knowingly seek or collect personal information from children under the age of 18 on our Website. If we become aware that we have inadvertently received personal information from a visitor under the age of 18 on our Website, we will delete such information from our records.
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