Last Updated: 14 September 2020
Please read these Terms before using the Site or the Services. By using the Site or the Services, you hereby represent, warrant, understand, agree to and accept these Terms in their entirety whether or not you register as a user of the Site or Services ("Registered Users"). If you object to anything in these Terms, do not use the Site or the Services.
These Terms are subject to change by Partners4Housing.com at any time, subject to the following notification process. We will notify you about material changes in these Terms by sending a notice to the email address registered in your account, or by placing a notice on our Site, so that you can choose whether to continue using our Services. Material changes will go into effect no less than thirty (30) days after we notify you. Non-material changes or clarifications will take effect immediately upon posting of the updated Terms on our Site. You should periodically check www.partners4housing.com/terms-of-use for updates. Any use of the Site or the Services by you after the posting of any changes will constitute your acceptance of such changes. These Terms supersede all prior versions of the Terms.
For purposes of these Terms, and except to the extent expressly excluded below, the "Site" shall mean www.Partners4Housing.com and any other websites, web pages, mobile applications and mobile websites operated by Partners4Housing.com ("Partners4Housing.com" or "we") in the United States, and the "Services" shall mean any of the various services that Partners4Housing.com provides through the Site or any other channels, including without limitation, over the telephone.
1. Description of Services; Limitations; User Responsibilities
1.1 About Our Services
Partners4Housing.com offers various Services to work with parents, family members and other caregivers (“Parent(s)”) of people with Intellectual and/or Developmental Disabilities (I/DD) (their “Loved Ones”) to:
· Guide Parents through the siloed social services system to maximize their services
· Help Parents find one another through an invitation-only roommate matching portal
· Give Parents the tools they need to set up and sustain a successful shared living home
We provide search functionality on the Site to allow Parents to narrow the pool of Parents they are interested in meeting based on their needs and preferences, and we provide a communications platform that allows Parents to communicate without sharing contact information.
We offer through Stripe, Inc., ("Stripe"), a third party, payment processing services. These services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these Terms, you also agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Partners4Housing.com enabling payment processing services through Stripe, you agree to provide Partners4Housing.com accurate and complete information about you, and you authorize Partners4Housing.com to share it and transaction information related to your use of the payment processing services provided by Stripe. Partners4Housing.com assumes no liability or responsibility for any payments you may make through this service, and all such payments are non-refundable. We offer through Square, Inc, ("Square"), a third party, payment processing services. These services are provided by Square and are subject to the Square General Terms of Service, which includes the Square Payment Terms (collectively, the "Square Services Agreement"). By agreeing to these Terms, you also agree to be bound by the Square Services Agreement, as the same may be modified by Square from time to time. As a condition of Partners4Housing.com enabling payment processing services through Square, you agree to provide Partners4Housing.com accurate and complete information about you, and you authorize Partners4Housing.com to share it and transaction information related to your use of the payment processing services provided by Square. Partners4Housing.com assumes no liability or responsibility for any payments you may make through this service, and all such payments are non-refundable.
The information about people with Intellectual and/or Developmental Disabilities (I/DD) is primarily user generated, and we do not control or vet user generated content for accuracy. Partners4Housing.com does not assume any responsibility for the accuracy or reliability of any information provided by Parents or Loved Ones on or off this Site or Services.
2. Eligibility to Use the Site and Services
By requesting to use, registering to use and/or using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof. You also represent and warrant that you meet the following eligibility criteria:
You must be the parent, guardian, sibling, or advocate of a person with disabilities and at least 18 years of age to access and use the Service. If you do not meet these requirements, do not register to use the Site or Services.
3. Rules for User Conduct and Use of Services
3.1. Registration, Posting, and Content Restrictions
The following rules pertain to "Content", defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through the Site or Services, or that other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles that you publish or display (hereinafter, "post"). By posting any Content while using our Service, you agree, represent, and warrant as follows:
· You are responsible for providing accurate, current, and complete information in connection with your registration for use of the Site and the Services.
· You will register your account in your own legal name, even if you are seeking care for another individual or family member.
· Unless otherwise permitted by Partners4Housing.com, all Content you post will be in English as the Site and Services generally are not supported in any other languages.
· You are solely responsible for any Content that you post on the Site or Services or transmit to other users of the Site or Services. You will not post on the Site or Services, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any Content emanates from Partners4Housing.com where this is not the case. You will not provide inaccurate, misleading, defamatory, or false information to Partners4Housing.com or to any other user of the Site or Services, and all opinions stated as part of any Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others, including without limitation that you have authorization from a parent or guardian of any minor who is the subject of any Content you post to post such Content. The following is a partial list of the kind of content that is prohibited on the Site or as part of the Service. You may not post, upload, display or otherwise make available Content (either on or off the Site) that:
o constitutes or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
o constitutes or advocates for harassment or intimidation of another person;
o requests money from, or is intended to otherwise defraud, other users of the Site or Service;
o involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming" (or "spimming", "phishing", "trolling" or similar activities);
o promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
o impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
o publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
· You understand and agree that Partners4Housing.com may, but is not obligated to, monitor or review any Content you post on the Site or as part of a Service, and may in its sole discretion, review, edit, and delete any Content, in each case in whole or in part, that in the sole judgment of Partners4Housing.com violates these Terms or which Partners4Housing.com determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or Services or others.
· You have the right, and hereby grant, to Partners4Housing.com, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, transferable, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by Partners4Housing.com will not infringe or violate the rights of any third party.
· Your use of the Services, including but not limited to the Content you post on the Site, shall be in accordance with any and all applicable laws and regulations. You agree that the Company may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Site or Services in the future; or (v) protect the rights, property or personal safety of the Company or any other person.(Partners4Housing.com is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.)
· You will not post any telephone numbers, street addresses, last names, URLs or email addresses in areas of your Member profile that may be viewed by other Members. You agree that any Content you place on the Site or Services may be viewed by other Members. (Partners4Housing, Inc. reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates this provision, including removing the offending communication from the Site or Service and terminating or suspending the membership of such violators.)
· You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify Partners4Housing, Inc. of any disclosure or unauthorized use of your username or password or any other breach of security and ensure that you log out from your account at the end of each session.
We welcome your feedback and questions about the Site and Services. However, you agree that any comments, ideas, messages, questions, suggestions, or other communications you send to us or share with us through any channel (including, without limitation, the Site, email, telephone, surveys, and our social media accounts) shall be and remain the exclusive property of Partners4Housing.com and we may use all such communications, all without notice to, consent from, or compensation to you.
Opinions, advice, statements, offers, or other information or content made available on the Site or through the Services, but not directly by Partners4Housing.com, are those of their respective authors. Such authors are solely responsible for such content. Partners4Housing.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will Partners4Housing.com be responsible for any loss or damage resulting from your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service.
Partners4Housing.com disclaims any liability whatsoever for any misstatements and/or misrepresentations made by any users of the Site or the Services. Users hereby represent, understand and agree to hold Partners4Housing.com harmless for any misstatements and/or misrepresentations made by or on behalf of them on this Site or the Services or in any other venue.
3.3. Prohibited Uses
By using the Site or Services of Partners4Housing.com, you agree that you will not under any circumstances:
· use the Site, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
· use the Site or Services for any fraudulent or unlawful purpose, for any purpose not expressly intended by Partners4Housing.com or for the promotion of illegal activities;
· impersonate any person or entity or misrepresent facts about any person or entity;
· harass, abuse or harm another person or group, or attempt to do so;
· use another user's Partners4Housing.com account;
· post any Content or act in any manner that is prohibited pursuant to these Terms;
· express or imply that any statements you make are endorsed by Partners4Housing.com without our specific prior written consent;
· provide false or inaccurate information when registering an account on Partners4Housing.com, using the Services or communicating with other Registered Users;
· interfere or attempt to interfere with the proper functioning of Partners4Housing.com's Services;
· make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
· use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages;
· collect usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site or the Services;
· bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data (whether manually or through automated means);
· use the communication systems provided by or contacts made on Partners4Housing.com for any commercial solicitation purposes;
· sell or otherwise transfer the access granted under these Terms or rent the Service;
· use of the Services other than for their intended purpose;
· publish or link to malicious content intended to damage or disrupt another user's browser or computer; or
· attempt to do any of the acts described in this Section or assist or permit any person in engaging in any of the acts described in this Section.
Further, in order to protect the integrity of the Site and the Services, Partners4Housing.com reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site or the Services.
Partners4Housing.com reserves the right, in its sole discretion, to immediately terminate your access to all or part of the Partners4Housing.com Site and/or Services, to remove your profile and/or any content posted by or about you from the Site or Services, and/or to terminate your account with Partners4Housing.com, with or without notice for any reason or no reason in its sole discretion, including without limitation if Partners4Housing.com should determine that you are not eligible to use the Services, have violated any terms stated herein or in any of the Additional Terms, are not suitable for participation as a Registered User, have mis-used or mis-appropriated Site or Services content, including but not limited to use on a "mirrored," competitive, or third-party site. Upon termination, Partners4Housing.com shall be under no obligation to provide you with a copy of any content posted by or about you on the Site or Services. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.
Following any termination of any individual's use of the Site or the Services, Partners4Housing.com reserves the right to send a notice thereof to other Registered Users with whom we believe the individual has corresponded. Our decision to terminate an individual's registration and/or to notify other Registered Users with whom we believe the individual has corresponded does not constitute, and should not be interpreted or used as information bearing on, the individual's character, general reputation, personal characteristics, or mode of living.
6. Links To External Sites
Links from the Site to external sites (including external sites that are framed by Partners4Housing.com) or inclusion of advertisements and other third-party content do not constitute an endorsement by Partners4Housing.com of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such third-party content, but are for users' reference and convenience.
Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. Partners4Housing.com does not control such sites and is not responsible for their content.
7. Payment and Refund Policy
In order to utilize some Partners4Housing.com Services or product offerings, the user of such Services or product offerings must pay Partners4Housing.com either a recurring subscription, one-time, or other fees. In addition, the user is responsible for any state or local sales taxes associated with the Services or product offerings purchased.
7.1. Billing and Payment
If you sign up for a Partners4Housing.com paid membership subscription, you agree to pay Partners4Housing.com all subscription charges associated with the plan you subscribe to as described on the Site or Services at the time you subscribe and provide your payment information. You also authorize Partners4Housing.com, or a third-party payment processor that works on our behalf, to charge your chosen payment method according to the terms of the plan to which you subscribe. The subscription period and the amount and frequency of the charges will vary depending on the subscription plan you select. Partners4Housing.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
To the extent you elect to purchase other Services or product offerings we may offer for a fee, you authorize Partners4Housing.com to charge your chosen payment provider for the Services and/or products you purchase. You agree that if Partners4Housing.com already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional Services/products you purchase.
7.2. Automatic Subscription Renewal and Cancellation
PARTNERS4HOUSING.COM PAID MEMBERSHIP SUBSCRIPTIONS WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY THE USER. AFTER YOUR INITIAL SUBSCRIPTION COMMITMENT PERIOD, AND AGAIN AFTER ANY SUBSEQUENT SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL EQUIVALENT PERIOD AS THE SUBSCRIPTION TERM YOU ORIGINALLY SELECT AND AT THE SUBSCRIPTION RATE AND FREQUENCY DISCLOSED ON THE SITE AT THE TIME OF RENEWAL UNLESS OTHERWISE PROVIDED AT THE TIME YOU SUBSCRIBED. IF YOU SIGN UP FOR A PAYMENT PLAN THAT ALLOWS YOU TO BE CHARGED MONTHLY OVER THE SUBSCRIPTION PERIOD AND YOU DECIDE TO CANCEL YOUR SUBSCRIPTION DURING THE SUBSCRIPTION PERIOD, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL CONTINUE TO BE BILLED FOR THE SUBSCRIPTION ON A MONTHLY BASIS UNTIL ITS ORIGINALLY SCHEDULED EXPIRATION DATE.
You may cancel your paid membership subscription at any time by following the instructions on your account settings page or contacting Partners4Housing.com's customer service department at helpteam@Partners4Housing.com. If you cancel your subscription, you typically will be permitted to use your subscription until the end of your then-current subscription term. Your subscription will not be renewed after your then-current term expires, but your payment method will be charged, and you will be required to pay, any cancellation or other fees associated with your early termination and disclosed to you at the time you signed up for the subscription plan.
7.3. Free Trial Offers
Partners4Housing.com may offer limited-time free trial subscriptions to certain users from time-to-time. Users who sign up for a Partners4Housing.com Service on a free trial basis may have limited access to the Service and/or features of the Site. If a user signs up for a free trial subscription, unless he or she cancels before the expiration of the free trial period, the user will be charged the price then in effect for a subscription to the Service, unless otherwise informed by Partners4Housing.com at the time of original subscription. If a user does not want to continue with the Service after the expiration of the free trial period, the user must downgrade or cancel their subscription, and request a refund of the subscription fee within thirty (30) days of being charged the subscription fee for the Service. Upon cancellation, user’s credit card will be refunded for the amount of the most recent subscription charge so long as he or she has not used the subscription after the expiration of the free trial period.
7.4. Refund Policy
Except as set forth in these Terms or as described on the Site at the time you make a purchase, all payments for services/products are non-refundable and there are no refunds or credits for unused or partially used services/products or service/product cancellations. Notwithstanding the foregoing, if you have a paid membership subscription that is automatically renewed, we will refund the most recent charge to your credit card if: (i) you have not used your subscription during the current subscription renewal period and (ii) you downgrade or cancel your membership and request a refund of the most recent charge to your credit card within thirty (30) days of the most recent charge. Any such refunds will apply only to the most recent charge, regardless of how such refund request is made, for example, whether to Partners4Housing.com or to your credit card company. Partners4Housing.com does not provide refunds or credits under any other circumstances, unless it determines at its sole discretion that a refund or credit is warranted due to extenuating circumstances, such as a duplicate account.
8. Proprietary Rights
Partners4Housing, Inc. owns and retains all proprietary rights in the Website and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Website contains the copyrighted material, trademarks, and other proprietary information of Partners4Housing, Inc. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Website or through the Service, without first obtaining the prior written consent of Partners4Housing, Inc. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
9. Modifications to Service.
Partners4Housing, Inc. reserves the right at any time to modify or discontinue, temporarily or permanently, the Website or the Service (or any part thereof) with or without notice. You agree that Partners4Housing, Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
10. Release of Liability for Conduct and Disputes
By using this Site or our Services, you hereby represent, understand, and expressly agree to hold Partners4Housing.com harmless for any claim or controversy that may arise out of the actions of or relationship between you and any person with Intellectual and/or Developmental Disabilities (I/DD), their Parent, their Loved Ones, or other user(s) of the Site.
11. Age Restrictions
Partners4Housing.com is intended for people 18 or over. Partners4Housing.com will not knowingly collect any information from individuals under 13. Should we determine that you do not meet the age requirements for using our Site or Services, your registration will be terminated immediately.
12. Disclaimers; Limitations; Waivers; Indemnification
12.1. No Warranty
THE INFORMATION AND MATERIALS CONTAINED ON THE SITE, INCLUDING TEXT, GRAPHICS, INFORMATION, LINKS OR OTHER ITEMS ARE PROVIDED "AS IS," "AS AVAILABLE." FURTHER, OPINIONS, ADVICE, STATEMENTS, OFFERS, OR OTHER INFORMATION OR CONTENT MADE AVAILABLE THROUGH THE SERVICES, BUT NOT DIRECTLY BY PARTNERS4HOUSING.COM, ARE THOSE OF THEIR RESPECTIVE AUTHORS, AND SHOULD NOT NECESSARILY BE RELIED UPON. SUCH AUTHORS ARE SOLELY RESPONSIBLE FOR SUCH CONTENT. PARTNERS4HOUSING.COM DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION OR MATERIALS ON THE SITE OR SERVICES; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN PARTNERS4HOUSING.COM; (3) WARRANT THAT YOUR USE OF THE SITE OR SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PARTNERS4HOUSING.COM EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.
12.2. Assumption of Risk
Partners4Housing does not investigate the background of its users or the truth or falsity of any representations made by users of the Site or the Services. You assume all risk when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with users of the Site or the Services. You should make such independent investigation as you deem appropriate of potential roommates and others that you meet through the Site and Services. Partners4Housing does not warrant that roommate matches are scientifically valid, suitable or that they will produce good results. It is always possible that matched roommates or their Parents or Loved Ones will conflict or that a match could result in negative consequences. You assume all risk of such conflicts and consequences.
12.3. Limitation of Liability
Incidental Damages and Aggregate Liability. In no event will Partners4Housing.com be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any communications distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Partners4Housing.com, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES SHALL PARTNERS4HOUSING.COM'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU TO PARTNERS4HOUSING.COM FOR THE USE OF ANY SERVICES IN THE TWELVE (12) MONTHS PRECEDING SUCH CLAIM OR THE AMOUNT PAYABLE BY YOU TO PARTNERS4HOUSING FOR THE SPECIFIC SERVICES OUT OF WHICH SUCH CLAIM ARISES (WHICHEVER IS GREATER).
No Liability for non-Partners4Housing.com Actions. IN NO EVENT WILL PARTNERS4HOUSING.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE UNDER ANY CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION ACTS OR OMISSIONS IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES OR ANY AGREEMENT OR RELATIONSHIP FORMED USING THE SITE OR SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, MEDICAL EXPENSES, LOST WAGES, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Site or Services is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Partners4Housing.com makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
13. Copyright Notices/Complaints
It is Partners4Housing.com's policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act ("DMCA"). If you believe any materials accessible on or from our Site or Services infringe your copyright, you may request removal of those materials (or access thereto) from the Site or Services by contacting Partners4Housing.com's copyright agent (identified below) and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
Partners4Housing.com's agent for copyright issues relating to this Site or Services is as follows:
13110 NE 177TH Pl # 184
Woodinville, WA, 98072-5740 United States
In an effort to protect the rights of copyright owners, Partners4Housing.com maintains a policy for the termination, in appropriate circumstances, of Members and other users of this Site or Services who are repeat infringers.
14. Agreement to Arbitrate
14.1. Agreement to Arbitrate
You agree that all claims relating to or arising out of these Terms or the breach thereof, whether sounding in contract, tort, or otherwise that have arisen or may arise between you and Partners4Housing.com or a Partners4Housing.com Affiliate, whether relating to these Terms (including any alleged breach thereof), the Services, the Site, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with these Terms, except you may assert individual claims in small claims court, if your claims qualify. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
14.2. 13.2 Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND PARTNERS4HOUSING.COM AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION, ACTION OR PROCEEDING. UNLESS BOTH YOU AND PARTNERS4HOUSING.COM EXPRESSLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AGAINST PARTNERS4HOUSING.COM AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER PARTNERS4HOUSING.COM USERS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
14.3. Pre-Arbitration Dispute Resolution
Partners4Housing.com is always interested in resolving disputes amicably and efficiently. So before you commence arbitration, we suggest that you contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You may contact us via email at helpteam@Partners4Housing.com or at Partners4Housing.com, Inc., Attn: Legal Department, 13110 NE 177TH Pl # 184 Woodinville, WA, 98072-5740 United States
14.4. Arbitration Procedures
If we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration and not in courts of general jurisdiction. Arbitration will be conducted by a neutral arbitrator in accordance with the rules of JAMS that are in effect at the time the arbitration is initiated (collectively referred to as the "JAMS Rules"), as modified by this Section, and excluding the JAMS Class Action Procedures. For information on JAMS, please visit its website, https://www.jamsadr.com/. Information about JAMS's Rules and fees for consumer disputes can be found at the JAMS consumer arbitration page, https://www.jamsadr.com/rules-comprehensive-arbitration/. If there is any inconsistency between the JAMS Rules and this Section, the terms of this Section will control unless the arbitrator determines that the application of the inconsistent Section terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
To commence an arbitration against Partners4Housing.com, you must write a demand for arbitration that includes a description of the dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com. You should send three copies of the Demand, plus the appropriate filing fee, to JAMS at 1420 Fifth Ave., Suite 1650,Seattle, WA 98101, and send one copy to Partners4Housing.com at Partners4Housing.com, Inc., Attn: Legal Department, 13110 NE 177TH Pl # 184 Woodinville, WA, 98072-5740 United States. For more information, see the JAMS arbitration rules and forms, https://www.jamsadr.com/rules-download/. You may represent yourself in the arbitration or be represented by an attorney or another representative. Once we receive your arbitration claim, we may assert any counterclaims we may have against you.
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less you or Partners4Housing.com may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Partners4Housing.com subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or Partners4Housing.com unless the arbitrator requires otherwise.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise and all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Washington, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Partners4Housing.com users but is bound by rulings in prior arbitrations involving the same Partners4Housing.com user to the extent required by applicable law.
14.5. Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the JAMS Rules, unless otherwise provided in these Terms. If you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Partners4Housing.com will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Partners4Housing.com will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Partners4Housing.com for all fees associated with the arbitration paid by Partners4Housing.com on your behalf that you otherwise would be obligated to pay under the JAMS rules.
All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
15. Governing Law and Jurisdiction
These Terms, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise, shall be governed by the laws of the State of Washington, including Washington's statutes of limitations governing your claim, without giving effect to its principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of sections herein pertaining to Arbitration.
Unless you and we agree otherwise, in the event that the sections herein pertaining to Arbitration are found not to apply to you or to a particular claim or dispute (except for small-claims court actions), as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Partners4Housing.com must be resolved exclusively by a state or federal court located in the State of Washington. You and Partners4Housing.com agree to submit to the personal jurisdiction of the courts located within the State of Washington for the purpose of litigating all such claims or disputes.
16. Consent to Electronic Communication
By using the Site or Services of Partners4Housing.com, you agree to allow Partners4Housing.com to communicate with you electronically, and you consent to electronic delivery of notices, documents, or products from Partners4Housing.com via the Partners4Housing.com Site, mobile application, online messaging platform, or e-mail. You also agree to check your Partners4Housing.com account, alerts, and messages, and the e-mail account reflected on your Partners4Housing.com on a reasonably regular basis to stay apprised of important notices and information about your account.
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor, or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver. This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to the use of the Services and any acts or omissions of Partners4Housing.com and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties.
18. Assignment and Severability
This Agreement may not be assigned by you without the prior written approval of Partners4Housing.com but may be assigned without your consent by Partners4Housing.com to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. If any of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term shall be enforced only to the extent it is enforceable, shall otherwise be deemed severed from these Terms, shall not affect the validity and enforceability of any remaining provisions, and the remaining terms shall survive and remain in full force and effect and continue to be binding and enforceable.
19. Force Majeure
If the performance of any part of this Agreement by either party is prevented, hindered, delayed, or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God, or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered, or delayed by such causes.
20. Contact Information
If you have any questions or need further information as to the Site or Services provided by Partners4Housing.com, or need to notify Partners4Housing.com as to any matters relating to the Site or Services please contact Partners4Housing.com at:
13110 NE 177TH Pl # 184