Updated March 13, 2022
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.
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.
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:
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.
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, email@example.com.
7. 3rd Party/Linked Services/Sent information.
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:
(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.
(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
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.
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.
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.
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 firstname.lastname@example.org.
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.”