www.doghouseproperties.com
WEB SITE TERMS OF USE.
Last Updated: June 13, 2007
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 ("DHP") 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 DHP and you regarding this subject matter and supersede and replace any and all prior or contemporaneous agreements between the parties regarding such subject matter.
DHP provides Web Site access for landlords to list and advertise pet friendly rental properties. DHP 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. DHP 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. DHP is not a fiduciary and as such, owes you no fiduciary duties. DHP 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.
DHP does not represent or warrant the accuracy of any information provided on this Web Site. All postings, messages, text, files, images, photos, video, sound, or other material (“Content”) posted on, transmitted, through, or linked from the Service, are the sole responsibility of the person who originated the content. DHP does not control, and is not responsible for Content made available through this Service. DHP makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained on the Service. But, you acknowledge that DHP shall have the right in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating our Terms and Conditions, or without reason. Any information provided by DHP 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. DHP 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 DHP’s sole discretion.
CHANGES TO SERVICES, PRODUCTS, WEB SITE AND TERMS AND CONDITIONS
You acknowledge and agree that DHP 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. DHP 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 DHP may amend any or all of the Terms and Conditions, at any time, at DHP’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 DHP 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 DHP 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 DHP Privacy Policy, you grant to DHP 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 DHP Privacy Policy are incorporated by reference into these Terms and Conditions. You are encouraged to periodically review the DHP 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, spam, 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).
DHP 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 DHP.
Any credit card payments, charges, wire transfers, or other means of payment to DHP for listing property or for any other charge or expense may appear on your statement as Dog House, Doghouse, Dog House Prop, doghouse properties, or any other variation of the DHP company name, or the name of its third party service providers.
INDEMNITY
You agree to indemnify and hold DHP, 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
DHP 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 DHP, 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 DHP 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 DHP 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 DHP 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 DHP 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 DHP (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. DHP 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. DHP 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. DHP 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 DHP 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. DHP EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY USER.
LIMITATION OF LIABILITY
IN NO EVENT SHALL DHP 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 DHP 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 DHP: 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 DHP 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 DHP 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
DHP, www.doghouseproperties.com, and the logos thereof may be trademarks or service marks, or registered trademarks or service marks of DHP. No display or use of such marks may be made without the prior written permission of DHP.
All materials provided on this Web site (the "Materials"), and the selection, arrangement and display thereof, are the copyrighted works of DHP 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 DHP.
