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Term & Condition Agreement
TERMS OF USE
Updated March 13, 2022
By using our websites, networks, or other Sharing Spaces, Inc. products, tools or services (collectively, the “Services”), or accessing any content we provide through the Services, you agree to be bound by the following terms of use, as updated from time to time (the “Terms of Use”). While we have worked to make our Site and all the features on our Site compatible with the most commonly used browsers, we cannot represent or guarantee that every feature will work with your browser.
1. Eligibility; Accounts and Registration. You represent that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In addition, you affirm that you have not previously been removed from or suspended from using the Services; and your registration and your use of the Services is in compliance with all applicable laws and regulations. To access some features of the Services, you may be required to register for an account and agree to a Product’s Terms, which may be incorporated herein or available on a separate Sharing Spaces, Inc. site. When you register for an account you will be asked to provide us with some information about yourself, such as email address, phone number, or other contact information. By providing such information, you agree that the information is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you are responsible for all actions taken via your account. You may not share your user account(s) with others. Unless you have entered into a commercial agreement with us permitting you to use the Services for transactions on behalf of another person, you may only use the Services for transactions on your own behalf.
2. Role of Sharing Spaces, Inc.
A. Real Property Marketing and Locating Services. Sharing Spaces, Inc. offers through its websites and networks an opportunity for property managers and owners to market and for prospective tenants to locate available housing opportunities. Except for the specific opportunities provided on its websites to market and to locate available housing, Sharing Spaces, Inc. shall not be deemed the User’s broker in any real estate transaction. In the event the User desires Sharing Spaces, Inc. to provide additional real estate broker services, including, but not limited to shared housing services, corporate housing services, student housing services or roommate matching, the terms of such additional engagement shall be memorialized within a written agreement signed by both parties. Sharing Spaces, Inc. shall not have any obligation to provide any additional real estate broker services until all necessary parties have executed a formal definitive written agreement describing the additional real estate broker services to be performed and all agreed upon terms of such engagement.
B. No Advice of Any Kind. The Services provided by Sharing Spaces, Inc. may assist you in performing tasks in a real estate transaction. However, the Services are not intended to provide you with any advice of any kind, including financial, real estate, legal or related advice unless explicitly specified by the terms of use for a particular Service (each a “Product’s Terms”). The Services may include advertisements. Sharing Spaces may deliver advertisements to you based on the information we collect through the Services. See the Privacy Policy for more details.
C. No Legal Advice. This web site (the "Site") is a general service that provides legal information over the internet. Sharing Spaces, Inc. is not a law firm and its broker and agents are not attorneys, DO NOT provide legal advice, and are not acting as your attorney. Any user of any information or documents provided by or on behalf of Sharing Spaces, Inc. should consult its own attorney for legal advice. The information contained in the Site is general legal information and should not be construed as legal advice to be applied to any specific factual situation. If you are unsure whether your particular situation requires that a document be changed, you should consult an attorney.
Any use of the Site DOES NOT create or constitute an attorney-client relationship between Sharing Spaces, Inc. or any employee of or other person associated with Sharing Spaces, Inc. and a user of the Site. As the law differs in each legal jurisdiction and may be interpreted or applied differently depending on your location or situation, the information or use of documents on the Site is not a substitute for the advice of an attorney.
3. Use of the Services; Restrictions.
A. Use of the Services. As long as you comply with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, revocable, personal, license to use the Services for your personal use. If you are a real estate or mortgage professional acting in your professional capacity, to the extent permitted by applicable law, you may additionally use the Services to provide information to your clients and to take actions on your clients’ behalf (“Pro Use”). If you use the Services for a Pro Use, you represent and warrant that you have obtained all required authorizations and consents from your client. Except as expressly stated herein, these Terms of Use do not provide you with a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party web sites or otherwise. The Services may include software for use in connection with the Services.
B. Use of Content. Subject to these Terms of Use, you may copy information from the Services without the aid of any automated processes and only as necessary for your personal use or Pro Use to view, save, print, fax and/or e-mail such information. Notwithstanding the foregoing, the aggregate level data provided (the “Aggregate Data”) may be used for non-personal uses, e.g., real estate market analysis. You may only display and distribute derivative works of the Aggregate Data (e.g., within a graph), so long as Sharing Spaces, Inc. is cited as a source on every page where the Aggregate Data is displayed, including “Data Provided by Sharing Spaces, Inc.” Such citation may not include any of our logos without our prior written approval or imply any relationship between you and Sharing Spaces, Inc. beyond that Sharing Spaces, Inc. is the source of the Aggregate Data. You are prohibited from displaying any other Sharing Spaces, Inc. data without our prior written approval.
C. User Content. You agree that you are responsible and that you shall pay for all data charges you incur by using the Services. You also understand that your “User Content” may be viewable by others on the Internet. You agree that you are solely responsible for your User Content and any claims arising therefrom, and that Sharing Spaces, Inc. is not responsible or liable for any User Content or claims arising therefrom. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen, and delete User Content at any time and for any reason. You agree to provide true, accurate, current, and complete information within your listing. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Sharing Spaces, Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Sharing Spaces, Inc. has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You retain all ownership rights in your User Content. However, by submitting User Content to Sharing Spaces, Inc., you hereby grant us an irrevocable, nonexclusive, worldwide, perpetual, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, edit, publish, create derivative works from, distribute, perform, promote, exhibit, and display such User Content in any and all media or distribution methods, now known or later developed (the "User Content License"). Without limiting the foregoing, when you submit User Content to Sharing Spaces, Inc., you agree that the User Content License accords Sharing Spaces, Inc. the right to sublicense such User Content to other companies, organizations, or individuals in any and all media or distribution methods, now known or later developed. No use of User Content in accordance with the User Content License shall entitle you to any compensation from Sharing Spaces, Inc., or any other companies, organizations, or individuals.
4. Prohibited Use. BY USING THE SERVICES, YOU AGREE NOT TO:
- reproduce, modify, distribute, display or otherwise provide access to the Services, except as explicitly permitted by any Product’s Terms to the extent applicable to that product’s Services;
- create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services;
- provide/post/authorize a link to any of the Services (including but not limited to an agent profile page) from a third-party website that is not a real estate-related website owned or operated by a real estate or lending professional or institution;
- remove or modify any copyright or other intellectual property notices that appear in the Services;
- distribute or post spam or other unsolicited messages, chain letters, pyramid schemes, or similar communications through the Services;
- use the Services in any way that is unlawful, or harms Sharing Spaces, Inc. its service providers, suppliers or any other user;
- use any of Sharing Spaces, Inc. trademarks as part of your screen name or email address on the Services;
- use the Services in any way to discriminate against any individual or class of individuals protected under federal, state or local laws, or which may have a discriminatory impact against any individual or class of individuals, or which otherwise promotes illegal, racist or discriminatory activities or outcomes;
- impersonate another person, misrepresent your affiliation with another person or entity, or make any representation to any third party under false pretenses;
- upload invalid data, viruses, worms, or other software agents to the Services;
- post, reproduce, publicly display, or otherwise make accessible any content, which we, in our sole judgement and discretion, consider illegal, offensive or objectionable including without limitation content that harasses, discriminates, demeans, threatens or disparages any individual or class of individuals;
- reproduce, publicly display, or otherwise make accessible on or through any other website, application, or service any reviews, ratings, or profile information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services, except as explicitly permitted by us for a particular portion of the Services;
- interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures we may use to prevent or restrict access to the Services;
- access or use any of the Services to develop competitive products or services; or
- conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, or any other automated activity with the purpose of obtaining information from the Services) on the Services;
- attempt to, or permit or encourage any third party to, do any of the above.
5. Account Security. During use of the Sharing Spaces, Inc. website, you accept all responsibility for any activity that occurs while logged into your account. You are responsible for making sure that you keep your password secure and safe. You agree that you will not share your password with others or do anything that might jeopardize the security of your account, including sharing your password with or logging in through unauthorized third-party applications or clients. If you use any such application or client, you acknowledge and agree that Sharing Spaces, Inc. will have no responsibility for any actions taken by those applications or clients, such as any breach of or unauthorized use of your account information or messages.
6. Fees.
A. Generally. You may be required to pay fees to access certain features of the Services. All fees are in U.S. dollars and are non-refundable. If we change the fees for all or part of any of the Services, including by adding fees or charges, we will provide you advance notice of those changes. If you do not accept the changes, we may discontinue providing the applicable part of the Services to you. Our authorized third-party payment processors will charge the payment method you specified at the time of purchase or as agreed to as part of the selected Service. You authorize us to charge all fees as described in these Terms of Use for the Services you select to that payment method. If you pay any fees with a credit card, we may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
B. Subscriptions. The Services may include features that allow for automatically recurring payments for periodic charges (“Subscription Service”). If you decide to activate a Subscription Service, you authorize us to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). We may change the subscription fee for any subsequent subscription period but will provide you advance notice of any increase before it applies. Unless otherwise stated in your Product’s Terms, you may cancel a Subscription Service through the settings page in your account; by contacting us at, service@sharingspaces.net.
7. 3rd Party/Linked Services/Sent information.
A. Generally. The Services include links to third-party products, services, and websites, as well as materials provided by third parties, and may include functionality that allows for the distribution of your User Content or your personal information (collectively, your “User Information”) to third parties not under our control (each, a “Third-Party Provider”). Third-Party Providers are solely responsible for their services. You are responsible for your use and submission of User Information to any third party, and your dealings or business conducted with any third party arising in connection with the Services are solely between you and such third party. Your use of third-party sites, services, or products may be subject to associated third-party terms of use and privacy policies or other agreements, which you are solely responsible for complying with. We do not endorse, and take no responsibility for such products, services, web sites, and materials, or a Third-Party Provider’s use of your User Information. By using a tool that allows for User Information to be transferred, you agree that we may transfer the applicable User Information or other information to the applicable third-parties, which are not under our control. If you submit a contact form or otherwise indicate your interest in contacting a Third-Party Provider, you may receive telemarketing calls from the Third-Party Provider using the contact information you provided. Third-Party Providers may keep your contact information and any other information received by the Third-Party Provider in processing a contact or other request form. We are not responsible for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
B. Certain Third-Party Services.
Rental Products. If you choose to submit your information in order to submit a background or credit check by a third-party, you are subject to the terms as described in the third-party service. We do not process, or store background or credit check information related to third-party rental products and do not control how a landlord uses background or credit check information in evaluating applications they receive. We do not guarantee any acceptance by a landlord of an application but do require all landlords using the Services to comply with the Fair Housing Act and other applicable laws.
C. Additional Terms for Third Party Services. Certain aspects of the Services include third-party tools that are subject to additional third-party terms, including, but not limited to, the following:
(i) Google Maps. Some of the Services implement the Google Maps web mapping service. Your use of Google Maps is subject to Google’s terms of use, available at http://www.google.com/intl/en_us/help/terms_maps.html, and Google’s Privacy Policy, available at https://www.google.com/intl/ALL/policies/privacy/index.html.
(ii) Stripe. Some of the Services allow you to use Stripe Connect to make payments to other users and may include additional processing or application fees detailed when you choose to connect to Stripe. Your use of Stripe is subject to the Stripe Connected Account Agreement, available at https://stripe.com/us/connect-account/legal. Additionally, by using Stripe, you agree not to use Stripe (and the Services generally) for any Prohibited Business purposes, as listed at https://stripe.com/us/prohibited-businesses.
(iii) Experian. Some of the Services allow you to use the Experian Connect service to submit a request for a credit check be sent to a landlord. If you use the Experian services, you agree to the Experian Connect Terms and Conditions, available at https://connect.experian.com/legal/terms.html.
(iv) PayPal. Some of the Services allow you to use the PayPal service to make payments to other users or Sharing Spaces, Inc. and may include additional processing or fees detailed when you choose to connect to PayPal. Your use of PayPal is subject to the PayPal User Agreement available at PayPal User Agreement - PayPal US.
(v) RentSpree. Some of the Services allow you to use the RentSpree service to complete background and credit checks, purchase leases and complete tenant screening activities and may include additional processing or fees detailed when you choose to connect to RentSpree. Your use of RentSpree is subject to the RentSpree Terms of Use available at https://www.rentspree.com/terms-of-use
(vi) Roommates.com. Some of the Services allow you to use the roommates.com service to find a roommate and may include additional process or fees detailed when you choose to connect to roommates.com. Your use of roommates.com is subject to the roommates.com Terms of Service available at https://my.roommates.com/tos
8. Intellectual Property. The Services are owned and operated by Sharing Spaces, Inc. The user interfaces, design, information, data, code, products, software, graphics, and all other elements of the Services (the “Sharing Spaces, Inc. Materials”) that we provide are protected by intellectual property and other laws and are the property of Sharing Spaces, Inc. or third-party licensors. Except as expressly allowed by these Terms of Use, you may not make use of Sharing Spaces, Inc. Materials, and Sharing Spaces, Inc. reserve all rights to the Sharing Spaces, Inc. Materials and Services not granted expressly in these Terms of Use.
9. Feedback. If you choose to provide input and suggestions regarding the Services, including related to any of Sharing Spaces, Inc. Materials (“Feedback”), then you hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including to improve the Services or create other products and services.
10. Deactivation/Deletion /Changes to Agreement. You may deactivate your account at any time by selecting “deactivate account” in your account settings. You can delete your account and all of your account data by submitting a request to “delete your data” at service@sharingspaces.net. If you deactivate or delete your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Services. If you violate any provision of these Terms of Use, your permission from Sharing Spaces, Inc. to use the Services will terminate automatically. In addition, we may, in our sole discretion, deactivate, suspend, or terminate your access to your account and the Services at any time for any reason, with or without notice. We may alter, suspend or discontinue the Services or any portion of the Services without notice. We will not be liable whatsoever for any change to the Services or any suspension or termination of your access to, or use of the Services. We reserve the right to change these Terms of Use at any time in our sole discretion on a going-forward basis. We will make commercially reasonable efforts to notify you of any material changes to these Terms of Use. Your continued use of the Services after any updates are effective will represent your agreement to the revised version of the Terms of Use. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of, and agreement to, any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use.
11. Privacy Policy.
Privacy Policy. Sharing Spaces, Inc. may collect, use, store, and disclose personal information in accordance with our Privacy Policy. Please consult the Privacy Policy for more information, which is incorporated into, and made a part of, these Terms of Use.
12. Note to Users outside the state of California. The Services are hosted in the state of California, and in the United States. If you are a user accessing the Services from any other state or country, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from the state of California and the United States laws, please be advised that through your continued use of the Services, which are governed by U.S. law, you are transferring your personal information to the United States and you consent to that transfer.
13. Indemnification. You agree to indemnify, defend, and hold harmless Sharing Spaces, Inc., and its respective directors, officers, employees, and agents from any and all claims, demands, damages of any kind, including reasonable attorneys’ fees and costs arising out of any of the following: (a) any claim made by any third party due to or arising out of your access to or use of the Services; (b) your breach of these Terms of Use; (c) your violation of any law or the rights of a third party; (d) any dispute or issue between you and any third party; (e) any User Content you upload to, or otherwise make available through, the Services; (f) your negligent or willful misconduct; and (g) any other party’s access to or use of the Services using your account and password. Sharing Spaces, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with Sharing Spaces, Inc. and its defense of that claim.
14. No Warranties. SHARING SPACES, INC. PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHARING SPACES, INC. MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SHARING SPACES, INC. EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING SHARING SPACES, INC. OR THE SERVICES THAT IS NOT EXPRESSIVELY STATED IN THESE TERMS OF USE. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, YOUR DEALING WITH ANY OTHER USER, AND ANY MATERIALS, INCLUDING ALL USER AND SHARING SPACES, INC. MATERIALS, AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINMENT OF MATERIALS THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, ARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF THOSE MATERIALS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OR WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
15. Limitation of Liability/Exclusive Remedy. IN NO EVENT WILL SHARING SPACES, INC. BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE SERVICES OR ANY MATERIALS ON THE SERVICES, OR THE CONDUCT OF OTHER USERS OF THE SERVICES, WHETHER BASED ON: (A) BREACH OF CONTRACT; (B) BREACH OF WARRANTY; (C) NEGLIGENCE; OR (D) ANY OTHER CAUSE OF ACTION, EVEN IF SHARING SPACES, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SHARING SPACES, INC. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE AGGREGATE LIABILITY OF SHARING SPACES. INC. TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS OF USE, WHETHER UNDER CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (1) THE AMOUNT YOU HAVE PAID TO SHARING SPACES, INC. FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENTS OR CIRCUMSTANCES GIVING RISE TO THE CLAIMS; OR (2) $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS OF USE. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT OF THE PARTIES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.
16. Dispute Resolution
The Parties agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, in Kern County, California, before resorting to court action. Mediation fees, if any, shall be divided equally among the Parties. The mediator shall be an attorney with at least five (5) years of real estate experience. If the Parties cannot agree on a mediator, they shall each select a mediator within fifteen (15) days of any request to mediate and the mediators selected shall agree on the person to serve as the mediator. If, for any dispute or claim to which this paragraph applies, any party commences a court action without first attempting to resolve the matter through mediation, or refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney’s fees, even if they would otherwise be available to that party in any such action.
17. Choice of Law; Disputes. These Terms of Use are governed by the laws of the State of California, without giving effect to its conflict of laws’ provisions. You agree to submit to the personal and exclusive jurisdiction and venue in the state and federal courts sitting in Kern County, California for any and all disputes, claims and actions arising from or in connection with the Services or otherwise under these Terms of Use. Sharing Spaces, Inc. operates the Services from its offices in California, and we make no representation that the Services are appropriate or available for use in other locations.
18. General. You agree not to export from anywhere any part of the Services provided to you, or any direct product thereof, except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. All Services used by the U.S. Government are provided with the commercial license rights described herein. These Terms of Use may only be amended by a written agreement signed by authorized representatives of the parties to these Terms of Use. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Services. Our failure to act with respect to a breach, or our choice to otherwise waive breach, by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use, and all expressly incorporated terms and agreements, constitute the entire agreement between you and Sharing Spaces, Inc. with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and Sharing Spaces, Inc. with respect to the Services.
19. Consent to Communications. By using the Services, you consent to receive certain electronic communications from us as further described in the Privacy Policy. Please read the Privacy Policy to learn more. You agree that any notices, agreements, disclosures, surveys, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
20. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
21. Contact Information, Notices and License Disclosures. The Services are offered by Sharing Spaces, Inc., located at 8200 Stockdale Hwy, Ste. M10-PMB 349, Bakersfield, CA 93311. You may contact Sharing Spaces, Inc. by sending correspondence to that address or emailing service@sharingspaces.net.
22. Miscellaneous
A. Headings. The headings in this Agreement are included for convenience only, and shall neither affect the construction or interpretation of any provision in this Agreement, nor affect any of the rights or obligations of the parties to this Agreement.
B. Ambiguities. Each party has fully reviewed this Agreement, and any rule of construction, to the effect that ambiguities are to be resolved against the drafting party, shall not apply in interpreting this Agreement.
C. Attorney’s Fees. If any litigation is commenced between the parties to this Agreement concerning the Property, this Agreement, or the rights and duties of either party with respect to this Agreement, the party prevailing in the litigation shall be entitled, in addition to any other relief that may be granted in the litigation, to reasonable attorneys’ fees and litigation costs in the litigation, that shall be determined by the court in the litigation or in a separate action brought for that purpose.
D. Waiver. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective, unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
E. Binding on Heirs. The provisions of this Agreement shall be binding on and shall inure to the benefit of both of the parties and to their respective heirs, executors, administrators, successors, and assigns, but nothing in this paragraph shall be construed as a consent to any assignment of this Agreement or any interest in it, absent a separate written consent to any assignment of this Agreement.
F. Agreement Severable. In the event any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of the Agreement shall be deemed severable and shall not be affected thereby, provided such remaining portions or provisions can be construed in substance to constitute the agreement which the Parties intended to enter into in the first instance and not change any material term of this Agreement.
G. Entire Agreement. This Agreement contains the entire agreement, contract and understanding, whether oral or written, express or implied, between the parties and constitutes an integration of their entire agreement, contract and understanding, and accurately and correctly sets forth both the rights, duties, obligations and responsibilities of the parties to the other party as of the date of its execution.
H. No Oral Modifications. This Agreement may not be changed or modified except by a writing executed by both of the parties.
I. California Law Applies. This Agreement shall be construed, enforced, governed by and interpreted pursuant to the internal laws, and not the law of conflicts, of the State of California applicable to agreements, contracts and understandings made and to be performed in such state. The parties further agree that this Agreement is made and is to be performed in Kern County, California, and therefore that the only proper venue for any litigation shall be the Kern County Superior Court.
J. Shared Housing/COVID-19 Acknowledgment. You acknowledge that Sharing Spaces, Inc. cannot guarantee that you will not become infected with the Coronavirus/COVID-19. You understand that there is a risk of contracting the Coronavirus/COVID-19 when having a roommate, sharing a room or sharing an apartment or house with other people. You voluntarily seek services provided by Sharing Spaces, Inc. and acknowledge that you are risking exposure to the Coronavirus/COVID19 while sharing a room, apartment or house with other people. You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to yourself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that you may experience or incur in connection with your sharing a room, apartment or house with other tenants. On your behalf, and on behalf of your heirs and any personal representatives, you hereby fully and irrevocably release, covenant not to sue, discharge, and hold harmless Sharing Space, Inc., its employees, agents, representatives, and owners, of and from any and all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. You understand and agree that this release includes any claims based on the actions, omissions, or negligence of Sharing Spaces, Inc. its employees, agents, and representatives, whether a Coronavirus/COVID-19 infection occurs before, during, or after sharing a room, apartment or house with the assistance of Sharing Spaces, Inc.
This Release includes Claims of which User is presently unaware or which User does not presently suspect to exist, which if known by User, would materially affect User’s release of Sharing Spaces, Inc., its employees, agents, representatives and owners. In connection with the release given in this Section, User hereby expressly waives any right User may have under any statute or common law principle that would exclude from this release any such unknown or not yet existing claims.
User hereby acknowledge that User has read, understands and waives Section 1542 of the California Civil Code of the State of California, which provides as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
