Terms Of Service
Date: August 1, 2013
These Terms and Conditions are a legal contract between you and HavenBrook Homes, LLC, its owners, officers and affiliated companies (“HavenBrook“) for the use of locating a rental home for you, which includes computer software and, as applicable, associated media, printed materials, and “online” or electronic documentation and information (collectively, the “Service“).
YOU ARE ONLY ALLOWED TO USE THE SERVICE IF YOU CAN ENTER INTO A BINDING CONTRACT WITH HAVENBROOK. BY REGISTERING TO USE THE SERVICE, OR BY INSTALLING, COPYING, OR OTHERWISE USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO SUCH TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE, THE ON-LINE APPLICATION, OR THE SERVICE, AND EXIT NOW.
Modification of These Terms
HavenBrook reserves the right to change or modify these Terms and Conditions of Use, or any policy or guideline of this Site or the Service, at any time and in our sole discretion. Please review these Terms and Conditions of Use and their version dates frequently, as changes or modification will be effective immediately upon posting of the revisions to the Site or Service. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site or Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications.
These Terms became effective on August 1, 2013. Any changes to our Terms will be communicated through our Website at least five (5) business days in advance of its effective date.
Fair Housing/Equal Housing Opportunity
HavenBrook is an Equal Housing Opportunity company, which means HavenBrook (as well as all of our affiliated entities and employees) complies with the Fair Housing Act and other applicable federal, state and local anti-housing discrimination laws. The federal Fair Housing Act prohibits discrimination in housing because of: Race/Color, National origin, Religion, Sex, Familial Status, Handicap (or disability). HavenBrook also operates in states and local jurisdictions which have additional fair housing laws and added protected classes. HavenBrook is also responsible for complying with those laws and regulations. As such, all rental properties identified in this Site are subject to the federal Fair Housing Act and its state law counterparts. HavenBrook will not knowingly permit or allow any discriminatory conduct in the rental of its properties that violates applicable law. Complaints concerning discriminatory practices in housing may be filed with the local office of the U.S. Department of Housing and Urban Development (“HUD“).
Access and Use of the Site
Access to and use of this website (the “Site”) and its contents are permitted only for finding a home for rent, and related payment services. Any other access to or use of this Site or its contents is unauthorized.
Please understand that all information submitted on the site might potentially be publicly accessible. Important and private information should be protected by you. We are not liable for protection of privacy of electronic mail or other information transferred through the internet or any other network provider that you may use.
Our network resources may not be used to impersonate another person or misrepresent authorization to act on behalf of others or us. All messages transmitted through the site should correctly identify the sender; you may not alter the attribution of origin in electronic mail messages or posting.
By registering, you certify that the information you provide on the registration form is accurate and pertains only to you. You agree to be honest with us and deal with us in good faith; you agree to refrain from making false representations, and you agree to provide us with up-to-date and accurate information, for which you are solely responsible. You are responsible for maintaining the confidentiality of the password you are assigned. Your password may not be shared with any other person. You are responsible for all actions taken or content added through your account. You agree to notify us promptly of any unauthorized use of your account.
We reserve the right to deactivate or suspend use of the Service by anyone for any reason or no reason at all.
No user of the Site or the Service may (1) take any action that imposes an unreasonable load on the site’s infrastructure, (2) use any device, software or routine to interfere or attempt to interfere with the proper working of the site or any activity being conducted on the site, (3) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the site, (4) delete or alter any material posted by any other person or entity, or (5) frame or link to any of the materials or information available from the site.
If you submit any information to our site, you agree not to (1) post or transmit anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) promote gambling, (3) post or transmit anything that violates the copyright or intellectual property rights of any person or entity, (4) post or transmit a virus or any other harmful component, or (5) contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication.
When retrieving information from our site, you are prohibited from (1) using or attempting to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search except for a normal browser, (2) aggregating, copying or duplicating any of the materials or information available from the site except for the small amount of materials and information temporarily required for an ordinary single use of the site, or (3) accessing data not intended for such user.
Should you decide to submit, enter or transmit through use of the Service information or materials of any kind, you are responsible for ensuring that you may do so and that such information and materials may be accessed, used, copied, distributed and adapted by other users of the Service (including HavenBrook or its host providers) without liability or restriction. You are responsible for making sure all information and materials that you originate or require are properly backed up so you have ready access thereto in the event of loss, corruption or interruption.
No Warranties, Limitation of Liability
THE SERVICE, THIS SITE, AND THE MATERIALS HEREIN ARE PROVIDED “AS IS, WHERE IS” AS AN ACCOMMODATION WITHOUT WARRANTY OF ANY KIND, ALL USE IS AT YOUR SOLE RISK; AND HAVENBROOK SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL HAVENBROOK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF USE, OR LOSS OF PROFITS) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE SERVICE. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY OR ERROR SHALL BE TO REQUEST THAT HAVENBROOK CORRECT THE MATTER OR, IF HAVENBROOK FAILS TO DO SO, TO DISCONTINUE USE OF THE SERVICE AT ONCE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Services Provided by Third Parties
Limitation of Claims
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
You agree to accept sole responsibility for any use of internet facilities conducted or permitted by you or your Clients; the conduct of any business, advertising, marketing or sales in connection therewith; and any negligent or illegal act or omission of you or your agents, contractors, servants, employees, or other users or accesses.
You agree to defend, indemnify, and hold HavenBrook harmless from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store, or otherwise transmit on or through the Site or the Service or your use of the Site and the Service, including, without limitation, any actual or threatened suit, demand, or claim made against HavenBrook arising out of or relating to the User Content, your conduct, your violation of these Terms and Conditions of Use, or your violation of the rights of any third party.
Subject to your full and continued compliance with these Terms and Conditions of Use, you are authorized to access; use and copy information and materials available through the Service only for purposes of finding a home to rent, or submitting payments. All materials on our Site or used in relation to the Service (herein the “Materials”), including but not limited to our trademarks, trade dress, trade names, logos, design, text, data compilations, search results, graphics, images, pictures, audio or video media files and other files, are proprietary property of HavenBrook, its suppliers, its licensors, or its users, and are protected by U.S. and international intellectual property laws, including but not limited to copyright and trademark laws. Our Materials cannot be copied, imitated, or used, in whole or in part, beyond the authorized uses, without our prior written permission. The information and Materials, including pages and content, may not be copied, distributed, modified, published, or transmitted in any other manner, including for use in creating other works, whether or not copyrightable, or to sell or promote other products. Violation of this policy may result in infringement of intellectual property and contractual rights of HavenBrook or third parties which is prohibited by law and could result in substantial civil and criminal penalties. You may not use any meta tags or any other “hidden text” utilizing “HavenBrook Homes”, “HavenBrook Partners”, or any other name, trademark, or product name of HavenBrook without our prior written permission.
Any claim or dispute arising out of or relating to these Terms and Conditions of Use or the Service will be settled by binding arbitration before a single arbitrator in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA“). Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Gwinnett County, Georgia, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either HavenBrook or you may by motion seek any interim or preliminary relief from a court of competent jurisdiction in Gwinnett County, Georgia, as necessary to protect the rights or property of the moving party.
Choice of Law
These Terms and Conditions of Use are governed by the laws of the State of Georgia without regard to its conflict of law provisions.