Effective Date: March 22, 2019
YOUR USE OF THE SERVICES (AS DEFINED BELOW) IS SUBJECT TO THE TERMS OF THIS LEGAL AGREEMENT (THESE “TERMS” OR THIS “AGREEMENT”) BETWEEN YOU AND JUNE HOMES US, INC. (“June Homes”, “WE”, OR “US”) WHICH HAS A PRINCIPAL PLACE OF BUSINESS LOCATED AT 315 W 36th St, Floor 8, New York, NY 10018
IN ORDER TO USE OUR WEB SITES, MOBILE WEB SITES, APPLICATIONS OR SERVICES, OR THE INFORMATION, CONTENT OR SERVICES CONTAINED THEREIN (REFERRED TO COLLECTIVELY AS THE “SERVICES”), YOU MUST FIRST AGREE TO THESE TERMS. YOU MAY NOT USE THE SERVICES IF YOU DO NOT ACCEPT THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICES.
YOU MAY NOT USE THE SERVICES AND MAY NOT ACCEPT THE TERMS IF (A) YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US (I.E. YOU MUST BE AT LEAST 18 YEARS OF AGE OR AT LEAST 13 YEARS OF AGE AND ACCOMPANIED BY AN ADULT WHO WILL BE RESPONSIBLE FOR YOUR ACTIONS), OR (B) YOU ARE A PERSON BARRED FROM RECEIVING THE SERVICES UNDER THE LAWS OF THE UNITED STATES OR OTHER COUNTRIES INCLUDING THE COUNTRY IN WHICH YOU ARE RESIDENT OR FROM WHICH YOU USE THE SITE.
IF THERE IS ANY CONTRADICTION BETWEEN WHAT THIS AGREEMENT STATES AND WHAT ANY OTHER AGREEMENT, TERMS OF SERVICE, OR CONTENT STATE ON ANY SITE, APPLICATION OR OTHERWISE, THEN THESE TERMS SHALL TAKE PRECEDENCE.
If you have any questions regarding these Terms, please direct any inquires to us through this firstname.lastname@example.org
Before you continue, you should print or save a local copy of these Terms for your records.
2. Your Use of the Services
In order to access the Services, you may be required to provide information about yourself (such as name, address, password, e-mail address, identification, and/or contact details) as part of the registration process for the Services, or as part of your continued use of the Services. You agree that any registration information you give to us will always be accurate, correct and up to date.
You agree to use the Services only for purposes that are permitted by (a) this Agreement; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
You agree not to access (or attempt to access) the Services by any means other than through the interface that is provided by us. You specifically agree not to access (or attempt to access) the Services through any automated means (including use of scripts or web crawlers).
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
You agree that you will not reproduce, duplicate, or copy any portion of the Services for any purpose.
You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which we may suffer) of any such breach.
If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. We strongly recommend that minors 13 years of age or older ask their parents for permission before sending any information about themselves to anyone over the internet and we encourage parents to teach their children about safe internet use practices.
3. Your passwords and account security
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
Accordingly, you agree that you will be solely responsible to us for all activities that occur under your account.
If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately through this link.
To sign up for the Services, you may be required to register for an account on the Services (an “Account”). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene.
4. Privacy and your personal information
We are part of Google AdWords Remarketing program. Google Remarketing may assign a cookie to track visitors coming and leaving pages or areas of a website. This information is then used to generate Remarketing List of visitors that left the Sites from that particular area or page and may be used to tailor and serve ad content on the Google Display Network that target these groups of users.
4. Privacy and your personal information
WE DO NOT PUBLISH CONTENT AND THE SERVICES DO NOT INCLUDE CONTENT THAT IS TARGETED TO CHILDREN
If you are under age 13, please do not attempt to use the Services or provide any personal information about yourself to us. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible.
We strongly recommend that minors 13 years of age or older ask their parents for permission before sending any information about themselves to anyone over the Internet and we encourage parents to teach their children about safe internet use practices.
5. June Homes Membership
As part of the Services, you may apply to become a member of the June Homes community (such members, “Member” “Membership”). Members have access to certain services, including access to accommodations in June Homes’ network of communities. An application for June Homes Membership may involve multiple steps, including: (i) providing certain personal details, such as your name, email address and phone number; (ii) answering several optional questions about yourself, such as budget for accomodations, commuting desires and other housing preferences; (iii) providing payment information to a third-party payment processor that we use (the “Payment Processor”) such as direct debit information for an account with a financial institution or a credit card for the purpose of future processing of any payments to us that you authorize, such as June Homes Membership, deposit and housing rental fees; (iv) electing to share certain personally identifiable information with third party websites, services or applications for the purposes of running a background or credit check; (v) agreeing to pay the Membership Fee; and (vi) a brief phone interview with one of our team members. We reserve the right to review applications for June Homes Membership to confirm that the applicant meets the criteria for membership, as determined in our sole discretion. We may reject or approve applications for June Homes Membership in our sole discretion.
6. Electronic Communications
When you use any Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages through the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
7. User Content
Visitors may post reviews, comments, and other content and communications; and submit suggestions, ideas, comments, questions, or other information, so long as you do not:
- violate any law or regulation;
- violate or infringe other people’s intellectual property, privacy, publicity, or other legal rights;
- transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- send unsolicited or unauthorized advertising or commercial communications, such as spam;
- transmit any malicious or unsolicited software;
- stalk, harass, defame or harm another individual;
- impersonate or misrepresent your affiliation with someone else;
- use any means to “scrape,” “crawl,” or “spider” any Web pages contained in the Services (although we may allow operators of public search engines to use spiders to index materials for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, provided we reserve the right to revoke these exceptions); or
- interfere with or disrupt the Services.
You agree that by submitting communications or content that such submission is non-confidential for all purposes. If you do post content or submit material, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.
We make no claims or promises about the quality, accuracy, or reliability of any recommendations, reviews, comments, or other content available on or through our Services. We are not liable for any loss or damage that might arise from your reliance on any recommendations or other content on or through the Services.
8. Proprietary Ownership
The information and materials provided on or through the Services, including any content, data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links (collectively, the “Materials”) are owned exclusively by us or our licensors, and are intended to educate and inform you about our products and services offered or described on the Services. Subject to your compliance with these Terms, you may use the Materials solely for your personal, non-commercial use, provided that you do not remove any copyright or other proprietary notices contained therein. Subject to your compliance with these Terms, we grant you a limited license to use the Services and Materials for your personal use only; provided that you may not use, reproduce, modify, display, publicly perform, distribute, create derivative works of or circumvent any technological measure that effectively controls access to the Services and/or Materials in any way including, without limitation, by manual or automatic device or process, for any purpose. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with us. Use of the Services and Materials for any purpose other than as expressly authorized in these Terms is a violation of our copyrights and other proprietary rights, and is strictly prohibited.
Except as expressly set forth in these Terms, the Services, including all software, databases, proprietary information, documentation, software, contents, computer codes, ideas, know-how and Materials (and all modifications and derivative works thereof and any intellectual property and other rights relating thereto or contained therein) including, without limitation, the selection, compilations, sequence and “look and feel” and arrangement of items, is owned and operated by us and will remain our exclusive property. You acknowledge that the Services and Materials are protected by copyright, trademark and other laws. You further acknowledge that you do not acquire any ownership rights by using the Services or the Materials. You shall not challenge, contest or otherwise impair our ownership of the Services and Materials and the content therein.
The trademarks, logos, and service marks displayed on the Services (collectively the “Trademarks”) are registered and unregistered trademarks of us and our advertisers, licensors, suppliers and others. The Trademarks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not offered by us, in any manner that is likely to cause confusion with customers, or in any manner that disparages us. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of us, our licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and we will aggressively enforce our intellectual property rights in such Trademarks, including via civil and criminal proceedings.
These Terms shall remain effective until terminated in accordance with its terms. We reserve the right to immediately terminate these Terms, and/or your access to and use of the Services or any portion thereof, at any time and for any reason, with or without cause, including but not limited to repeated unauthorized postings of copyrighted works. Upon termination of these Terms, your right to use the Services shall immediately cease, and you shall destroy all Materials obtained from the Services and all copies thereof. You agree that any termination of your access to or use of the Services may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with them, and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Services or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
10. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR OUR SUBSIDIARIES, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND US. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE SERVICES, ANY CONTENT THEREOF, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
You agree to defend, indemnify and hold harmless our company, together with our subsidiaries, affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any content you post, store or otherwise transmit on or through the Services, or your use of or inability to use the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the content, your conduct, your violation of this Agreement or your violation of the rights of any third party.
12. Dispute Resolution and Class Action Waiver
All disputes between you and us arising or relating to: (a) this Agreement; (b) the Services; (c) any advertisement or promotion relating to this Agreement or the Services; (d) transactions effectuated through this Services; (e) any use of our websites; or (f) the relationship which results from this Agreement (including relationships with third parties who are not party to this Agreement) shall be resolved by binding individual arbitration under the American Arbitration Association’s rules for consumer-related disputes in Los Angeles, California. YOU WILL NOT PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT. If this class action waiver is found to be unenforceable in a particular case, then this arbitration agreement shall be null and void in that case. This Agreement shall be governed by the Federal Arbitration Act and, where consistent, California law. Notwithstanding this, you agree that we shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. We reserve the right to change this dispute resolution provision, but any such changes will not apply to disputes filed before the effective date of the amendment. This provision will survive the termination of your right to use the Services.
The manner, mode and extent of advertising by us on the Services are subject to change without specific notice to you.
In consideration for us granting you access to and use of the Services, you agree that we may place such advertising on the Services.
14. Other content
The Services may include hyperlinks to third party Web sites, services, products, content or resources. We may have no control over any third party Web sites or resources which are provided by companies or persons other than us.
You acknowledge and agree that we are not responsible for the availability of any such hyperlinks or such external third party Web sites, services, products, content or resources, and do not endorse any such advertising, products or other materials.
You acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the availability of those external third party Web sites, services, products, content or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, our hyperlinks, Web sites or resources.
15. Rules for Sweepstakes, Contests and Games
16. Connectivity; Mobile
Normal carrier charges and taxes may apply to any Materials you access from the Services. We are not responsible for any surcharges you incur from your cell phone or internet service provider as a result of the use of the Services. With respect to mobile versions or applications, your carriers’ normal rates and fees, including text messaging and data fees may apply to your use of the Services. In the event you change or deactivate your mobile telephone number, you will endeavor to update your account information within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
17. Changes to this Agreement
We may make changes to this Agreement from time to time.
You understand and agree that if you use the Services after the date on which this Agreement has changed, your use is acceptance of the updated Agreement.
18. General Legal Terms
The Terms constitute the whole legal agreement between you and us and govern your use of the Services (but excluding any services which we may provide to you under a separate written agreement), and completely replace any prior agreements between you and us in relation to the Services.
You agree that we may provide you with notices, including those regarding changes to this Agreement, by email, regular mail, or postings on the Services including by updating these Terms. You consent to receive e-mails from us, which may include commercial e-mails.
You agree that if we do not exercise or enforce any legal right or remedy which is contained in this Agreement (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from this Agreement without affecting the rest of this Agreement. The remaining provisions of this Agreement will continue to be valid and enforceable.
You acknowledge and agree that each member of the group of companies of which we are the parent or affiliate shall be third party beneficiaries to this Agreement and that such other companies shall be entitled to directly enforce, and rely upon, any provision of this Agreement which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to this Agreement.