www.doghouseproperties.com
WEB SITE TERMS OF USE.
Last Updated: December 23, 2005
Welcome to www.doghouseproperties.com (the “Web Site”), the Web Site for pet-friendly rental listings.
The services and products provided by Dog House Properties, LLC ("doghouse properties") through the Web Site (“Services” or “Products”) and the use of the Web Site are governed by these terms and conditions (the “Terms and Conditions”). By accessing or using the Services and Products or the Web Site or by registering on the Web Site, you agree that (1) you have read and familiarized yourself with these Terms and Conditions, (2) you understand the Terms and Conditions, and (3) you are bound by the Terms and Conditions in your use of these Services, Products and/or the Web Site. If you do not agree to the Terms and Conditions, you may not access or use the Services, Products or the Web Site. The Terms and Conditions together with any additional terms and conditions specific to a particular Service or Product (incorporated herein by reference), constitute the entire agreement (the “Agreement”) between doghouse properties and you regarding this subject matter and supersede and replace any and all prior or contemporaneous agreements between the parties regarding such subject matter.
Doghouse properties provides Web Site access for landlords to list and advertise pet friendly rental properties. Doghouse properties is not, nor does it represent that it is, a real estate broker or salesperson under the laws of the state of its organization, nor under the laws of any other state or governmental entity. Doghouse properties does not provide, garner, or render legal or professional advice, nor does it engage in any transaction (including but not limited to leasing property) or the negotiations leading to any transaction that may or may not occur due to your access to this Web Site. Dog House Properties is not a fiduciary and as such, owes you no fiduciary duties. Doghouse properties is not is not responsible for the content of the third-party websites to which you may link using this website, nor does it endorse such sites.
Doghouse properties does not represent or warrant the accuracy of any information provided on this Web Site. Any information provided by doghouse properties and this Web Site and any transaction that you may enter pursuant to such information is entered into solely at your own risk.
USE, REGISTRATION AND ELIGIBILITY
The Services, Products and the Web Site are only available to persons with the legal capacity to enter into this Agreement. Doghouse properties may, in its sole and absolute discretion, refuse to allow use of the Web Site or accept a person’s, or entity’s, registration and may, at any time after accepting registration, refuse to permit a person’s, or entity’s, continuing use of the Services, Products and/or Web Site for any reason or for no reason, in doghouse properties’s sole discretion.
CHANGES TO SERVICES, PRODUCTS, WEB SITE AND TERMS AND CONDITIONS
You acknowledge and agree that doghouse properties may change, modify, amend, suspend or discontinue any aspect of the Services, Products, Terms of Use, Privacy Policy, and/or the Web Site, at any time, without notice and without liability to you or to any third party. Doghouse properties reserves the right to impose limits on certain features of the Services, the Products or the Web Site, at any time, without notice and without liability to you or to any third party. Further, you acknowledge and agree that doghouse properties may amend any or all of the Terms and Conditions, at any time, at doghouse properties’s sole discretion, without notice. Any amendment of the Terms and Conditions will be reflected on the Web Site and therefore you are encouraged to periodically review the Terms and Conditions posted on the Web Site. Use of the Services, Products and the Web Site constitutes acceptance of the Terms and Conditions, including any amendments thereto.
PASSWORD AND SECURITY
You may be required to register to use the Web Site. During registration, you may be prompted to select a user name and a user password. You agree that you will immediately notify doghouse properties by electronic mail of any unauthorized use of your user name or user password to security@doghouseproperties.com.
USER INFORMATION
You may be requested to provide information to doghouse properties during the registration process found on the Web Site and during the course of the use of the Services, Products and the Web Site (the “User Information”). You represent and warrant: (1) that all User Information is accurate and complete at the time of registration, and (2) that the User Information will be updated by you, if needed, when you return to the Web Site. Subject to the terms of the doghouse properties Privacy Policy, you grant to doghouse properties a non-exclusive, world-wide, perpetual, royalty-free and irrevocable license to use the User Information, for any purposes in connection with the Services, the Products, or the Web Site.
PRIVACY POLICY
The terms of the doghouse properties Privacy Policy are incorporated by reference into these Terms and Conditions. You are encouraged to periodically review the doghouse properties Privacy Policy posted on the Web Site at www.doghouseproperties.com/privacypolicy
USER CONDUCT
You are solely responsible for all conduct and transmissions that take place while using the Services, Products and/or Web Site. You represent, warrant and covenant that your use of the Services, Products and Web Site shall not:
(a) violate any applicable local, state, national or international law, statute, ordinance, rule or regulation;
(b) interfere with or disrupt computer networks connected to the Services, Products or the Web Site;
(c) impersonate any other person or entity, or make any misrepresentation as to your employment by or affiliation with any other person or entity;
(d) forge or in any manner manipulate identifiers in order to disguise the origin of any User Information;
(e) upload, post, transmit, publish, or distribute any material or information for which you do not have all necessary rights;
(f) upload, post, transmit, publish, or distribute any material which infringes, violates, breaches or otherwise contravenes the rights of any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
(g) interfere with or disrupt the use of the Services, Products or the Web Site by any other user, nor "stalk", threaten, or in any manner harass another user;
(h) upload, post, transmit, publish, or distribute any unauthorized or unsolicited advertising, solicitations, offers for the sale of services, unsolicited communications, or offers for any "investment opportunities" (except as may be permitted by the use of the Services, the Products or the Web Site as provided for herein);
(i) upload, post, transmit, publish, or distribute any material or information which contains a computer virus, worms, or other code, files or programs intending in any manner to disrupt, harm, destroy or interfere with the functioning of the Services, the Products, the Web Site, or that of other computer systems;
(j) use the Services, the Products or the Web Site in such a manner as to gain unauthorized entry or access to the computer systems of others;
(k) upload, post, transmit, publish or distribute any material or information which constitutes or encourages conduct that would constitute a criminal offense, give rise to other liability, or otherwise violate applicable law;
(l) upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable; or
(m) reproduce, copy, modify, sell, distribute or otherwise exploit for any commercial purposes the Services, the Products or the Web Site, or any component thereof (including, but not limited to any materials or information accessible through the Web Site).
Doghouse properties grants you a personal, non-transferable and non-exclusive license to download, print, view, copy, and email information and materials provided on the Web Site so long as the purpose of said license is for the renting or leasing of such properties and that you are in the market for such property. This license does not give you any rights to any intellectual property owned or used by doghouse properties.
Any credit card payments, charges, wire transfers, or other means of payment to doghouse properties for listing property or for any other charge or expense may appear on your statement as Dog House, Doghouse, Dog House Prop, or any other variation of the doghouse properties company name, or the name of its third party service providers.
INDEMNITY
You agree to indemnify and hold doghouse properties, and its subsidiaries, affiliates, directors, officers, agents, partners, employees, successors and assigns harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of the User Information, your use of the Services, Products or the Web Site, your violation of the Terms and Conditions, the Agreement and/or the Privacy Policy, your violation of any rights of another, or your violation of any federal, state or other law, rule, regulation in the United States or any other country in the world or any breach of any of your representations, warranties and/or covenants related thereto.
TERMINATION
Doghouse properties expressly reserves the right to terminate the use of, or to refuse to permit the use of, the Services, the Products and/or the Web Site by any person or entity, in the sole discretion of doghouse properties, for any reason or for no reason and without notice.
NO RELATIONSHIP
You acknowledge and agree that your use of the Services, Products and/or the Web Site does not make you or doghouse properties an agent, representative, broker, employee, partner, or joint venturer of the other party. This Agreement shall not be interpreted or construed to create an association, joint venture, agency, franchise or partnership between the parties or to impose any partnership obligation or liability upon either party.
LINKS TO THIRD PARTIES
The Web Site may provide links to the Web sites or services of others but these links do not constitute an endorsement by doghouse properties of such sites or services, or the products, content, materials or information presented or made available by such other sites. You acknowledge and agree that doghouse properties is not responsible for any damages or losses caused or alleged to have been caused by the use of any third party sites, or from the services, products, content, material, or information presented by or made available through such other sites.
USE AND DOWNLOADING INFORMATION/MATERIAL
You hereby release doghouse properties and its subsidiaries, affiliates, directors, officers, agents, partners and employees, and any successors and assigns from any and all actual or alleged damages which may result from you using and/or downloading any information or materials from the Web Site.
GOVERNING LAW; ARBITRATION
This Agreement shall be construed and enforced in accordance with the laws of the State of South Carolina without regard to the choice of law principles thereof. You agree that any and all disputes or controversies of any nature between them arising at any time shall be determined by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") before a single neutral arbitrator ("Arbitrator"). The Arbitrator shall be an attorney or retired judge with at least ten (10) years experience in the software industry and shall be mutually agreed upon by you and doghouse properties (collectively, "the parties"). If the parties are unable to agree on an Arbitrator, the Arbitrator shall be appointed by the AAA. The fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law. The parties shall be entitled to conduct discovery in accordance with the South Carolina Rules of Civil Procedure, provided that (a) the Arbitrator must authorize such discovery in advance based on findings that the material sought is relevant to the issues in dispute and that the nature and scope of such discovery is reasonable under the circumstances, and (b) discovery shall be limited to depositions and production of documents unless the Arbitrator finds that another method of discovery (e.g., interrogatories) is the most reasonable and cost efficient method of obtaining the information sought. There shall be a record of the proceedings at the arbitration hearing and the Arbitrator shall issue a Statement of Decision setting forth the factual and legal basis for the Arbitrator's decision. If neither party gives written notice requesting an appeal within ten (10) business days after the issuance of the Statement of Decision, the Arbitrator's decision shall be final and binding as to all matters of substance and procedure, and may be enforced by a petition to the South Carolina Court of Common Pleas, which may be made ex parte, for confirmation and enforcement of the award. If either party gives written notice requesting an appeal within ten (10) business days after the issuance of the Statement of Decision, the award of the Arbitrator shall be appealed to three (3) neutral arbitrators (the "Appellate Arbitrators"), each of whom shall have the same qualifications and be selected through the same procedure as the Arbitrator. The appealing party shall file its appellate brief within thirty (30) days after its written notice requesting the appeal and the other party shall file its brief within thirty (30) days thereafter. The Appellate Arbitrators shall thereupon review the decision of the Arbitrator applying the same standards of review and all of the same presumptions) as if the Appellate Arbitrators were the South Carolina Court of Appeals reviewing a judgment of the South Carolina Court of Common Pleas, except that the Appellate Arbitrators shall in all cases issue a final award and shall not remand the matter to the Arbitrator. The decision of the Appellate Arbitrators shall be final and binding as to all matters of substance and procedure, and may be enforced by a petition to the South Carolina Court of Common Pleas, which may be made ex parte, for confirmation and enforcement of the award. The party appealing the decision of the Arbitrator shall pay all costs and expenses of the appeal, including the fees of the Appellate Arbitrators and the reasonable outside attorneys' fees of the opposing party, unless the decision of the Arbitrator is reversed, in which event the expenses of the appeal shall be borne as determined by the Appellate Arbitrators. The Arbitrator shall have the power to enter temporary restraining orders, preliminary and permanent injunctions. The provisions of this paragraph shall supersede any inconsistent provisions of any prior agreement between the parties.
Nothing in this paragraph shall prevent either party from seeking interlocutory and/or injunctive relief from a court of competent jurisdiction pursuant to the preceding paragraph.
THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
DISCLAIMER OF WARRANTIES
THE SERVICES, PRODUCTS AND THE WEB SITE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS, SERVICES, PRODUCTS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES, PRODUCTS OR THE WEB SITE, ARE PROVIDED ON AN “AS IS”, “WHERE IS”, “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DOGHOUSE PROPERTIES DOES NOT WARRANT THAT THE SERVICES, PRODUCTS OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED, MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES, PRODUCTS OR THE WEB SITE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY SOFTWARE, PRODUCTS, SERVICES OR OTHER MATERIALS USED IN CONNECTION WITH THE SERVICES, PRODUCTS OR THE WEB SITE, WILL BE TIMELY, SECURED, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. DOGHOUSE PROPERTIES MAKES NO WARRANTY THAT THE SERVICES, THE PRODUCTS OR THE WEB SITE WILL MEET USER’S REQUIREMENTS, AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OTHER THAN THOSE EXPRESSLY MADE IN CONJUNCTION WITH THE PROVISION OF THE SERVICES AND/OR PRODUCTS. IF A USER IS, DISSATISFIED WITH THE SERVICES, PRODUCTS OR THE WEB SITE, THE USER’S SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES, PRODUCTS AND/OR THE WEB SITE. DOGHOUSE PROPERTIES MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY SERVICES, PRODUCTS OR GOODS PURCHASED OR OBTAINED THROUGH THE SERVICES, THE PRODUCTS OR THE WEB SITE, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES, THE PRODUCTS OR THE WEB SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN OBTAINED BY USER FROM DOGHOUSE PROPERTIES OR THROUGH THE SERVICES, THE PRODUCTS OR WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN CONJUNCTION WITH THE SALE OF THE SERVICES OR THE PRODUCTS. DOGHOUSE PROPERTIES EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY USER.
LIMITATION OF LIABILITY
IN NO EVENT SHALL DOGHOUSE PROPERTIES BE LIABLE FOR ANY DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, THE PRODUCTS, THE WEB SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, LOST GOODWILL OR LOST SALES. IN NO EVENT SHALL THE TOTAL LIABILITY OF DOGHOUSE PROPERTIES TO A USER FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR THE USE OF THE SERVICES, PRODUCTS OR THE WEB SITE EXCEED, IN THE AGGREGATE, ONE HUNDRED ($100.00) DOLLARS. THE FOREGOING LIMITATION SHALL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
NOTICES
Notices shall be given:
To doghouse properties: To be valid, notices must be sent by e-mail (notices@doghouseproperties.com) and by certified mail, return receipt requested, to Dog House Properties, LLC, P.O. Box 21671 Charleston, SC 29413, or to such other address as may be designated from time to time.
To User: Notices to you will be sent by e-mail to the e-mail address reflected in your registration information. Notices to you shall be deemed to have been received twenty-four hours after the e-mail is sent. Notices to doghouse properties shall be deemed to have been given three days after the date of mailing by certified mail, return-receipt requested.
SEVERABILITY
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.
WAIVER
The failure of doghouse properties to exercise or enforce any right or provision of the Agreement will not be deemed a waiver of such right or provision.
TRADEMARKS AND COPYRIGHT
Doghouse properties, www.doghouseproperties.com, and the logos thereof may be trademarks or service marks, or registered trademarks or service marks of doghouse properties. No display or use of such marks may be made without the prior written permission of doghouse properties.
All materials provided on this Web site (the "Materials"), and the selection, arrangement and display thereof, are the copyrighted works of doghouse properties and/or its vendors or suppliers. The Materials herein are protected by worldwide copyright and other intellectual property laws. Except as permitted herein, none of the Materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means without the prior express written permission of doghouse properties.
