TERMS OF SERVICE OF AIROWNR.COM
Last updated: August 21, 2017
AirOwnr, Inc. (“AirOwnr”) is a California licensed real estate broker (California B.R.E. License # 02014079). AirOwnr has been established to facilitate the purchase, sale and management of rental residential real estate properties (the “Services”). The Services are accessible at www.AirOwnr.com and at other websites through which AirOwnr makes the Services available (the “Site”) “), as well as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application”). The Services include assisting owners/buyers to identify residential real estate properties to purchase and to rent on a long or short term basis and providing owners/buyers with access to residential real estate related information.
1. BINDING EFFECT. This is a binding agreement. By using this Site or any of the Services , you agree to abide by these Terms of Service, as they may be amended byAirOwnr from time to time in its sole discretion. If at any time you find these Terms of Service unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
OWNERS/BUYERS OF PROPERTY FOR RENTAL PURPOSES SHOULD UNDERSTAND HOW THE LAWS WORK IN THE RESPECTIVE AREAS IN WHICH THEY PURCHASE PROPERTIES. SOME AREAS HAVE LAWS THAT RESTRICT THEIR ABILITY TO RENT RESIDENTIAL REAL ESTATE FOR SHORT PERIODS. THESE LAWS ARE OFTEN PART OF A CITY OR COUNTY’S ZONING OR ADMINISTRATIVE CODES. IN MANY AREAS, LANDLORDS MUST REGISTER THEIR SERVICES, OR OBTAIN A PERMIT OR LICENSE BEFORE RENTING A PROPERTY OR ACCEPTING RENTERS. IN MOST, IF NOT ALL LOCAL GOVERNMENTS, LANDLORDS MUST PAY A LOCAL OCCUPANCY (OR SIMILAR) TAX ON RENTAL INCOME FROM SHORT-TERM RENTALS. CERTAIN TYPES OF SHORT-TERM BOOKINGS MAY BE PROHIBITED ALTOGETHER. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. OWNERS/BUYERS SHOULD REVIEW LOCAL LAWS BEFORE LISTING THEIR PROPERTY FOR RENT. CERTAIN RESIDENTIAL PROPERTY ARE SUBJECT TO HOME OWNER ASSOCIATION OR CONDOMINIUM ASSOCIATIONS RULES (“HOA”) WHICH LIMIT OR PROHIBIT SHORT TERM RENTALS. OWNERS/BUYERS SHOULD REVIEW HOA RUES BEFORE LISTING THEIR PROPERTY FOR RENTAL. IN ADDITION, YOU SHOULD REVIEW THE PROVISIONS OF PARAGRAPH 19 OF THESE TERMS OF SERVICE, WHICH ADDRESS CERTAIN MATTERS RELATED TO THE SERVICES AS THEY RELATE TO REAL ESTATE.
THESE TERMS OF SERVICE CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH AIROWNR ARE RESOLVED. BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.
2. MODIFICATIONS. AirOwnr reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms of Service at any time and without prior notice. If we modify these Terms of Service, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the “Last Updated” date at the top of these Terms of Service. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms.
3. USE OF THE SERVICE; AIROWNR CLIENT MEMBER; TERM AND TERMINATION. You may access the Service by becoming an AirOwnr Client Member, and by agreeing to abide by AirOwnr’s policies, as well as any other agreements AirOwnr may require.
(a) Term. Your AirOwnr Client Membership is valid for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or AirOwnr terminate the Agreement as described below.
(b) Termination for Convenience. You may terminate your AirOwnr Client Membership at any time by sending us an email at email@example.com. AirOwnr may terminate this Agreement for convenience at any time by giving you 30 days’ notice via email to your registered email address.
(c) Consequences of a Breach.
(i) AirOwnr may immediately, without notice terminate this Agreement if (i) you have materially breached these Terms of Service, including but not limited to any breach of your warranties outlined in these Terms of Service or breach of the “User Conduct” provisions in these Terms of Service, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the AirOwnr Client Membership registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) AirOwnr believes in good faith that such action is reasonably necessary to protect the safety or property of other AirOwnr Client Members, AirOwnr or third parties, for fraud prevention, risk assessment, security or investigation purposes. In addition AirOwnr may deactivate AirOwnr Client Content, limit your use of or access to your AirOwnr Client Membership and access to the Site, Application or Services, temporarily or permanently revoke any special status associated with your AirOwnr Client Membership, or temporarily or permanently suspend your AirOwnr Client Membership if (i) you have breached these Terms of Service or our Policies, including material and non-material breaches, or (ii) AirOwnr believes in good faith that such action is reasonably necessary to protect the safety or property of AirOwnr Client Members, AirOwnr or third parties, for fraud prevention, risk assessment, security or investigation purposes.
(ii) In case of non-material breaches and where appropriate, you will be given notice of any measure by AirOwnr and an opportunity to resolve the issue to AirOwnr’s reasonable satisfaction.
(iii) If you or we terminate your AirOwnr Client Membership, we do not have an obligation to delete or return to you any of your AirOwnr Client Member Content. When this Agreement has been terminated, you are not entitled to a restoration of your AirOwnr Client Membership or any of your AirOwnr Client Member Content. If your access to or use of the Site, Application and Services has been limited or your AirOwnr Client Membership has been suspended or this Agreement has been terminated by us, you may not register a new AirOwnr Client Membership or attempt to access and use the Site, Application and Services through other AirOwnr Client Memberships.
(iv) If you or we terminate this Agreement, the clauses of these Terms of Service that reasonably should survive termination of the Agreement will remain in effect.
4. USER CONDUCT. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of the Site, Application, Services and Content, you may not and you agree that you will not:
(a) violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax laws and regulations;
(b) use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;
(d) use the Site, Application, Services or Content for any commercial or other purposes that are not expressly permitted by these Terms of Service;
(e) copy, store or otherwise access or use any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms of Service;
(f) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(g) interfere with or damage the Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(h) use the Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(i) use the Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to purchase or lodging in a private residence;
(j) “stalk” or harass any other user of the Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user;
(k) register for more than one AirOwnr Client Membership or register for an AirOwnr Client Membership on behalf of an individual other than yourself;
(l) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(m) use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Content;
(n) post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
(o) systematically retrieve data or other content from the Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
(p) use, display, mirror or frame the Site, Application, Services or Content, or any individual element within the Site, Application, Services or Content, AirOwnr’s name, any AirOwnr trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without AirOwnr’s express written consent;
(q) access, tamper with, or use non-public areas of the Site, Application or Services, AirOwnr’s computer systems, or the technical delivery systems of AirOwnr’s providers;
(r) attempt to probe, scan, or test the vulnerability of any AirOwnr system or network or breach any security or authentication measures;
(s) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by AirOwnr or any of AirOwnr’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
(t) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
(u) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Content; or
(v) advocate, encourage, or assist any third party in doing any of the foregoing.
AirOwnr has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify AirOwnr immediately on any unauthorized use of your account, user name, or password. AirOwnr shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by AirOwnr, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
AirOwnr may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against AirOwnr or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms of Service, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of AirOwnr, its users, or members of the public. You acknowledge that AirOwnr has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms of Service, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms of Service. AirOwnr reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that AirOwnr, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms of Service or otherwise harmful to the Site, Application or Services.
6. USER CONTENT. You grant AirOwnr a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting AirOwnr, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of AirOwnr, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that AirOwnr may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
7. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
8. COPYRIGHT INFRINGEMENT. AirOwnr has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. AirOwnr has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of AirOwnr or of a third party, or otherwise violated any intellectual property laws or regulations. AirOwnr’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want AirOwnr to delete, edit, or disable the material in question, you must provide AirOwnr with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit AirOwnr to locate the material; (d) information reasonably sufficient to permit AirOwnr to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to AirOwnr’s designated agent at:
9. ALLEGED VIOLATIONS. AirOwnr reserves the right to terminate your use of the Service and/or the Site. To ensure that AirOwnr provides a high quality experience for you and for other users of the Site and the Service, you agree that AirOwnr or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. AirOwnr does not intend to disclose the existence or occurrence of such an investigation unless required by law, but AirOwnr reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if AirOwnr believes that you have violated any of the Terms of Service, furnished AirOwnr with false or misleading information, or interfered with use of the Site or the Service by others.
10. NO WARRANTIES. AIROWNR HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AIROWNR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. AIROWNR DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
11. LIMITED LIABILITY. AIROWNR’S LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
12. AFFILIATED SITES. AirOwnr has no control over, and no liability for any third party websites or materials. AirOwnr works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither AirOwnr nor the Site has control over the content and performance of these partner and affiliate sites, AirOwnr makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and AirOwnr assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that AirOwnr makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Service shall govern your use of any and all third party content.
13. INDEMNITY. You agree to indemnify AirOwnr for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless AirOwnr, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. AirOwnr will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
14. COPYRIGHT. All contents of Site or Service are: Copyright © 2017 AirOwnr, 811 Wilshire Blvd, STE 1680, Los Angeles, CA, 90017. All rights reserved.
15. GOVERNING LAW. These Terms of Service shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles, California, in all disputes arising out of or related to the use of the Site or Service.
16. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Service to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Service shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
17. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by AirOwnr or by any third party.
18. CALIFORNIA USE ONLY. The Site is controlled and operated by AirOwnr from its offices in the State of California. AirOwnr makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as AirOwnr’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
19. TERMS AND CONDITIONS FOR REAL ESTATE SERVICES.
(b) MLS Terms of Service.
(i) Before an AirOwnr Agent can show you pictures and prices of sold homes, or show your comments on active listings from AirOwnr Agents, the AirOwnr Agents MLS data providers require you to acknowledge that you’re considering AirOwnr as your real estate agent.
(ii) You are entering into a lawful consumer-broker relationship with AirOwnr as defined by applicable state law. You have no obligation to work with AirOwnr and you can terminate your account with AirOwnr any time.
(iii) You have a bona fide interest in the purchase, sale, or lease of real estate through AirOwnr.
(iv) You will not copy, redistribute, or retransmit any of the information provided except in connection with your consideration of the purchase or sale of an individual property.
(v) You acknowledge that the individual multiple listing service (MLS), which supplies the listing data, owns such data and you acknowledge the validity of the MLS’s copyright to such data.
(c) Registration. You must register for an AirOwnr Client Membership to see complete home listings. This is required by our licenses with various MLSs. You also must register before you can participate in forums or submit content. By registering for an AirOwnr Client Membership you are agreeing to these Terms of Service as well as the MLS Terms of Service, and other terms and conditions which AirOwnr may apply to the Service and to AirOwnr Client Membership. You will also be asked to sign a California Association of Realtors- Buyers Representation Agreement- Non-Exclusive form. You are responsible for all activities related to the Services that occur through your account and password. It is your responsibility to keep your AirOwnr profile information accurate. You agree to keep your password confidential, not use others’ accounts, nor permit others to use your account. By providing us with your email address and establishing an AirOwnr Client Membership, you are giving us permission to send you electronic newsletters and email notifications that are provided as services by AirOwnr.com. Of course, you may elect to opt-out of the receipt of these services at any time by simply responding to the service that you received.
(d) Equal Housing Opportunity. We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.
(e) Your Submissions and Community Guidelines
(i) Material You Submit – You may submit feedback, ideas, reviews, comments, photos, or other content to AirOwnr and the Sites (“Submissions”). All Submissions must comply with the AirOwnr Community Guidelines below. You represent that you own or control all of the rights to your Submissions and that the Submissions do not violate these Terms of Service, including our Community Guidelines, or the rights of any third party. You are solely responsible for your Submissions. AirOwnr may, but is not obligated to, monitor and edit or remove Submissions, and has no obligation to store Submissions.
(ii) AirOwnr Community Guidelines
(A) Be respectful. We welcome debate, but we will not tolerate disrespectful language or personal attacks. Please avoid controversial topics such as politics, race, religion, and sexuality. We reserve the right to edit or remove any controversial content.
(B) No solicitation. Real estate agents and other professionals are welcome here, but not to promote your services.
(C) No spamming. Please do not post advertising, junk mail, spam, scams or chain letters.
(D) No illegal or offensive posts. Any content that contains illegal, inflammatory, libelous, obscene or pornographic material will be removed.
(E) No public posting of private information or other people’s unpublished contact information. This also includes communications from community administrators and moderators.
(F) Moderation. We reserve the right to monitor content and delete or retain content in our sole discretion.
(iii) License – You grant AirOwnr a perpetual, unlimited right to use, reproduce, modify, distribute, and display your Submissions worldwide in any media. AirOwnr may, but is not obligated to, post the name you associate with the Submission. Additionally, you grant AirOwnr a perpetual unlimited license to use, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to AirOwnr, without any further consent, notice and/or compensation to you or to any third parties.
(iv) Disclaimer – AirOwnr takes no responsibility and assumes no liability for any Submissions posted by you or any third party. We may not monitor or control the Submissions posted via the Services and, we cannot take responsibility for such Submissions. Any use or reliance on any Submissions or materials posted via the Services or obtained by you through the Services is at your own risk. Therefore, if you have an idea or information that you would like to keep confidential or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any forum, or elsewhere on the Sites. AIROWNR IS NOT RESPONSIBLE FOR ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANYTHING YOU POST ON AIROWNR.
(v) Forums – AirOwnr may offer forums where you can post your observations and comments on designated topics. AirOwnr Client Members may be able to create forum topic threads. AirOwnr, in its sole discretion, may close or transfer threads, or remove content from them if the content violates this Agreement or others’ intellectual property rights. Please note that everything you share in a forum may be seen and used by other users of the Services.
(vi) Open Book – We publish local reviews of real estate service providers (title companies, escrow companies, lenders, home inspectors, lawyers, and others) in our Open Book section of the Sites. Only AirOwnr Clients Members who have closed a real estate transaction with AirOwnr or with a Partner Agent, as defined in Section 6, are allowed to submit reviews. We publish the reviews, even if they are not good. If we have an email address for the provider, we let them know that they have been reviewed and allow them to respond. Providers or AirOwnr clients who have questions can contact firstname.lastname@example.org.
(vii) Not an Investment Advisor. AirOwnr is not an investment adviser, is not advising on securities and is not utilizing the AirOwnr Website to provide investment or other advice, and no information or material available through the AirOwnr Website shall constitute investment advice. No material available through the AirOwnr Website shall be used or considered as an offer to sell or a solicitation of any offer to buy securities of any product. Offers can only be made where lawful under, and in compliance with, applicable law. AirOwnr does not provide investment advisory, tax, legal or financial services, and recommends that you consult a licensed real estate, tax, legal, accounting or investment professional to perform an independent analysis before making decisions regarding the purchase or sale of real estate.
(viii) Website Information and Analysis. Any information, variables, analysis and calculation results shown regarding individual properties and/or the real estate market (whether in a large or particularized area) are for illustrative purposes only and should not be relied on as your sole or primary means for making real estate investment decisions. AirOwnr has not verified the information and makes no guarantee, warranty or representation about it. Though care has been taken to ensure that the information comes from reliable and verified sources, users are advised to perform their own checks and due diligence. AirOwnr shall not be held responsible for any information appearing on the Site. Any data presented is subject to significant assumptions. While AirOwnr believes the assumptions used to generate this data are reasonable, these assumptions are subjective in nature and other assumptions may also be reasonable. Different assumptions may result in materially different results and, given the uncertainty about future events, there can be no assurances about any prospective results. Users should satisfy themselves that they understand the assumptions used and their effect on the expected results and recognize that any expected results can and will likely be materially different. Prospective buyers should understand that they may lose some or all of their investment.
(ix) Not a Lender. AirOwnr is not a lender and the exact terms of any loan used to finance real estate acquisitions will be decided between the lender and the borrower. Any loan-related information provided by AirOwnr is for informational purposes only. Actual loan terms and conditions may vary based upon the loan amount, the amount of the down payment, the terms of the loan and a number of other factors. Any information shown related to financing is subject to credit and other approvals.
(x) Listings. It is possible that AirOwnr Agents will share the listing details of properties with other users. At the time of acting on a specific listing, it is possible that the properties are in escrow or already sold. In such situations, AirOwnr may share the listings of other available properties.
20. DISPUTE RESOLUTION. If you reside in the United States, you and AirOwnr agree that any dispute, claim or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site, Application or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and AirOwnr are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding. Further, unless both you and AirOwnr otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
(a) Arbitration Rules and Governing Law. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1–800–778–7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
(b) Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
(c) Arbitration Location and Procedure. Unless you and AirOwnr otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and AirOwnr submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
(d) Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. AirOwnr will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
(e) Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
(f) Changes. Notwithstanding any provisions to the contrary in these Terms of Service, if AirOwnr changes this “Dispute Resolution” section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of AirOwnr’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and AirOwnr in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
21. FEEDBACK. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us, through the “Contact” section of the Site and Application. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of AirOwnr and you hereby irrevocably assign to AirOwnr and agree to irrevocably assign to AirOwnr all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At AirOwnr’s request and expense, you will execute documents and take such further acts as AirOwnr may reasonably request to assist AirOwnr to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
22. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.