Agreement Between You and hotigloos.com. Thank you for using our services
available at www.hotigloos.com (the "Website"). The following terms and
Your License to Us. When you give us or otherwise authorize us to use content, you grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyright, publicity and database rights related to the content, in any media known now or in the future, and you represent that you have sufficient rights in the content to make this grant.
Our License to You. Hotigloos.com hereby authorizes you to view, copy, download and print the information and data ("Materials") available on this Website, provided that: (1) if you are a Renter, the Materials are used solely for personal, noncommercial purposes and if you are a Lessor, the Materials are used only for the purposes of using the services expressly offered by Hotigloos.com; Without limiting the generality of the foregoing, as a Renter, you are only permitted to use this Website to search for residential rentals, communicate with Lessors, and consider other move-related services; and as a Lessor, you are only permitted to use this Website to advertise your Properties and communicate with Renters; (2) the Materials are not modified, republished, or redistributed; and (3) all copyright, trademark, service mark and other proprietary notices are reproduced as they appear in any such Materials. Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark or copyright of Hotigloos.com.
No Unauthorized Duplication. Except as otherwise stated herein, none of the content on the Website may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of Hotigloos.com.
Trademarks. The term "Hotigloos.com" and any other trademarks, trade names, logos and service marks, (collectively, the "Marks") displayed on this Website are the property of Hotigloos.com or other third parties. You are not permitted to copy or otherwise use these Marks without the prior written consent of Hotigloos.com or such other owner.
Access and Interference. This Website may contain robot exclusion headers. Much of the information on the Website is proprietary or is licensed to Hotigloos.com by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from the Website without the prior expressed written permission of Hotigloos.com and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
No Unlawful or Prohibited Use. As a condition of your use of this Website, you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and any related activities, including the Fair Housing Act. In addition, you warrant that you will not use this Website in any way prohibited by these terms, conditions and notices. In addition, you will not:
use the Website if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Website;
use the Website to advertise the Property owned by another person unless you are the duly authorized property manager, representative, or agent of the Property owner, and can bind such Property owner, and your representation of such person complies with all applicable laws;
distribute or post spam, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm Hotigloos.com or the interests or property of Hotigloos.com users;
copy, modify, republish or distribute content from the Website or Hotigloos.com's copyrights and trademarks;
impersonate another person or otherwise misrepresent your affiliation with another person or entity, conduct fraud, hide or attempt to hide your identity;
provide inaccurate contact information or other information relative to your move or property;
harvest or otherwise collect information about users, including email addresses, without their consent;
transmit to Hotigloos.com or any user any information or materials of any kind which (i) violate, plagiarize or infringe on the intellectual property or contractual rights of any third party; or (ii) are libelous, defamatory, obscene, pornographic, abusive; or (iii) contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Reporting Intellectual Property Infringement. Hotigloos.com respects the intellectual property of others. If you believe that your rights have been infringed by content appearing on our Website, please click here to notify our designated agent. We reserve the right to remove content for any reason.
Links to Third-Party Websites. The Website may contain links to websites operated by parties other than Hotigloos.com. Such hyperlinks are provided for reference only. Hotigloos.com does not control such websites and is not responsible for their contents. Hotigloos.com's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. If you decide to access any of the third party sites linked to this website, you do so entirely at your own risk.
General Disclaimer. Although Hotigloos.com has attempted to provide accurate information on the Website, Hotigloos.com assumes no responsibility for the accuracy of the information. All information provided on this Website is provided "as is" with all faults without warranty of any kind, either express or implied. Hotigloos.com hereby disclaims all warranties, express or implied, including, without limitation, those of merchantability, fitness for a particular purpose, title and noninfringement or arising from a course of dealing, usage or trade practice, except to the extent such disclaimers are held to be legally invalid.
Limitation on Liability. Neither Hotigloos.com, its parent, affiliates, or subsidiaries, or any of their respective directors, employees, agents, vendors or suppliers will be liable for any direct, indirect, special, punitive, consequential or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use the Website or any Hotigloos.com advertisement, or damages from the use of or reliance on the information present on this Website, even if Hotigloos.com has been advised of the possibility of such damages.
Modification of the Website. Hotigloos.com (and/or its suppliers) reserves the right in its sole discretion to improve, modify or remove any information or content appearing on the Website. Hotigloos.com may discontinue or revise any or all aspects of the Website in its sole discretion and without prior notice. Without limiting the foregoing, Hotigloos.com reserves the right to change the terms, conditions, and notices under which this Website is offered at any time. Unless otherwise provided in our Agreement, all amended terms automatically take effect upon acceptance for new users, or 30 days after they are posted on the website for all other users. It is your responsibility to check terms and conditions of this Agreement at the time of each use.
Privacy. We view the protection of users' privacy as a very important principle. We do not sell or rent your personal information to third parties. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices.
Release. Because Hotigloos.com is an advertising venue, in the event that you have a dispute with one or more users, you release Hotigloos.com, its parent and affiliates (and its respective officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Nature of Hotigloos.com Services. Hotigloos.com operates a platform for Lessors desiring to advertise residential rental properties with available units, and the advertisements on the Website are based on information provided by the Lessors. Accordingly, Hotigloos.com is not responsible in any way for the content in any such advertisements, nor is Hotigloos.com responsible for any actual lease transaction between a potential Renter and a Lessor.
Hotigloos.com does not render legal, brokerage, or other professional advice or services to either its Renter or Lessor customers.
Services Not Provided. Without limiting the generality of the foregoing, you acknowledge and agree as follows:
Hotigloos.com does not participate in any actual lease transactions, including, without limitation, negotiations, discussions, or proposals, and you expressly waive any requirement that purports to impose on Hotigloos.com an obligation to perform any services other than those expressly undertaken by Hotigloos.com;
Hotigloos.com does not render legal, brokerage, or other professional advice or services; in the event you desire or need such services, Hotigloos.com strongly advises you to secure the same;
Hotigloos.com is not undertaking any, and has no, duties to either Renters or Lessors, including, without limitation, the obligation to inspect rental properties, to verify the veracity of information contained in an advertisement, or to interview or otherwise screen Renters;
Hotigloos.com is not responsible for the content of, nor does it endorse, the third-party websites to which you may link using this Website;
Hotigloos.com does not guarantee the accuracy of any information available on this Website, and is not responsible for any errors, omissions, or misrepresentations, whether made by Lessors, Renters or otherwise and all information obtained on this Website must be verified independently;
Hotigloos.com may make changes to its products and/or services and this Website at any time and without notifying you or receiving your consent; and
While Hotigloos.com complies with applicable state and federal laws, including federal civil rights laws, Hotigloos.com cannot guarantee that its users so comply. Accordingly, Hotigloos.com assumes no liability for Renters' and/or Lessors' failures to comply with such laws.
Indemnity. You will indemnify and hold us (and our officers, directors, agents, affiliates, subsidiaries, joint ventures and employees), harmless from any cost, liability, charge, penalties, claim or demand, including reasonable attorneys' fees, court costs, and other costs of collection, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party; or incurred by us as a result of your default under this Agreement.
Resolution of Disputes. If a dispute arises between you and Hotigloos.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Hotigloos.com agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by emailing us. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Disputes. This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any Claim or dispute you may have against Hotigloos.com must be resolved by a court located in Los Angeles County, California. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California, for the purpose of litigating all such Claims or disputes.
General. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Hotigloos.com may rely on your electronic signature to create a binding valid agreement. From time to time Hotigloos.com may send facsimiles or emails regarding its products and services, or shall call customers regarding Hotigloos.com's products and services, and you hereby expressly consent to receiving such emails, facsimiles and telephone calls.