Updated Feb 14, 2023
WELCOME AND INTRODUCTION ACCEPTANCE OF TERMS Welcome to Placemate. This document is a binding legal agreement between you and Placemate, Inc. Please read it carefully before using Placemate or placemate.com. Throughout this Terms of Use, our company Placemate, Inc. is referred to as “Placemate”, “we”, “us” or “our” and you, the user, is referred to as “you” or “your.” These Terms may be referred to as the “Terms.” Throughout these Terms those providing home listings will be referred to as Home Providers and those seeking homes will be referred to as Renters. All Home Providers and Renters must be 18 years of age or older to use Placemate’s services. If you have any questions or concerns about these Terms, or our Online Services, please contact us at hello@placemate.com.
ACCEPTANCE OF TERMS If you do not agree to these Terms and the Placemate Privacy Policy, you are not authorized to access the placemate.com website, fill out our forms, send us information or engage in our services. If you do not agree with these Terms, or do not understand them, please exit the site immediately. Your use of the website will always be governed by these Terms and Privacy Policy posted at the time, whether you have read them or not. Placemate reserves the right to update and amend these Terms at any time and without prior warning to you. Any changes made to our Terms will be reflected through our website. It is your responsibility to read our Terms regularly. Placemate will not be responsible to you for any unwanted outcomes that arise due to non-compliance with these Terms. Please be advised that the services offered by Placemate are not available to users under 18 years of age.
Placemate’s ROLE (placemate.com) is a platform that enables Homeowners and property managers to list their available rental houses and Renters to look at the listings and communicate with each other.
Renters and Homeowners also acknowledge that Placemate is not a party to such Rental Agreements. Renters and Home Providers agree not to enter into any agreement that would in any way conflict, contravene, frustrate, or violate any of these Terms. Additionally, with the exception of its payment obligations hereunder once the product requires payment, Placemate disclaims all liability arising from or related to, any such agreements. Users acknowledge and agree that Placemate is a platform that facilitates connections but not a party to the agreement between Renter and Homeowner. Placemate recommends all platform users consult with their private insurance homeowners’ or renters’ insurance policies to understand exactly what is and what is not covered in the event of an occurrence. Placemate recommends all Homeowners platform users consult with an accountant to discuss tax implications as all rental income generated is taxable. Placemate takes no responsibility for actions or omissions of Homeowners or Renters including but not limited to their compliance with local city, county, state, or federal laws or regulations.
INAPPROPRIATE AND ILLEGAL CONTENT PROHIBITED You agree not to post or make available any inappropriate content on the Service including, but not limited to, libelous, defamatory, obscene, pornographic, abusive, or threatening content; content that advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; content that is misleading or not true; or advertise or otherwise solicits funds for goods or services. If you post inappropriate content, we may remove such content from our servers, and we may suspend or revoke your access to the Service, and we reserve the right to investigate and seek applicable remedies for violations of applicable law to the fullest extent of the law.
YOUR USE OF OTHERS’ INTELLECTUAL PROPERTY Although you may provide information and content to us and other users as part of your use of the Service, you agree to be respectful of others’ intellectual property rights. You may not upload, transmit, or otherwise distribute any information or content in violation of intellectual property laws or proprietary rights of any third parties. If you do not respect a third party’s intellectual property or proprietary rights, you are solely responsible for any violations of law. In addition, you are solely responsible for the infringement of third party rights caused by any information that is generated or submitted through your use of the Service. We take claims of intellectual property infringement seriously. As such, we reserve the right to suspend and/or revoke access to the Service for any user who is found to have infringed on the intellectual property rights of third parties, or us, or otherwise is found to have violated any intellectual property laws.
DIGITAL MILLENNIUM COPYRIGHT ACT We value your intellectual property rights. As such, we reserve the right to suspend and/or terminate any user’s account who is found to have infringed on the intellectual property rights of users, Placemate, or third parties, or who violated any laws related to intellectual property. In the event that you have a good faith belief that your intellectual property rights or the rights of someone else have been violated on our Service, and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information (as required by the Digital Millennium Copyright Act of 1998): (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 us to locate the material; (d) information reasonably sufficient to permit us 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 our designated agent at: Colin Frolich hello@placemate.com
INDEMNIFICATION As a Renter, you agree to release, defend, indemnify, and hold Placemate, Inc. and its affiliates and subsidiaries, and their officers, directors, advisors, employees and agents, harmless from and against any claims, liabilities, damages, including punitive damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (c) your User Content; (d) your (i) interaction with any Home Provider, (ii) arranging of an accommodation, or (iii) creation of a listing; and (e) the use, condition, or renting of an accommodation by you, including but not limited to any property damage, bodily injury, mental anguish, or any other injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a renting or use of an accommodation. As a Home Provider, you agree to release, defend, indemnify, and hold Placemate, Inc. and its affiliates and subsidiaries, and their officers, directors, advisors, employees and agents, harmless from and against any claims, liabilities, damages, including punitive damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your User Content; (c) your (i) interaction with any Renter, (ii) arranging of an accommodation, or (iii) creation of a listing; and (d) the use, condition or renting of an accommodation by you, including but not limited to any property damage, bodily injury, mental anguish, or any other injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of renting or use of an accommodation.
FAIR HOUSING Placemate’s practices comply with the Fair Housing Act to the fullest extent of the law. We serve all people regardless of race, religion, color, national origin, age, sex, sexual orientation, marital status, disability, presence of minor children, receipt of public assistance or gender identity.
DISPUTE RESOLUTION
In the interest of resolving disputes between you and Placemate, Inc. in the most expedient and cost-effective manner, you and Placemate agree that any dispute arising out of or in any way related to these Terms or your use of the Services will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms, Placemate’ Privacy Notice or your use of the Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Arbitration pursuant to this Section shall be confidential, and neither you, nor us, nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general). If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
YOU AND Placemate EACH HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. Nothing contained in this Section shall limit our ability to take action related to your access to the Service as provided in these Terms.
GOVERNING LAW, VENUE, & PERSONAL JURISDICTION These Terms shall be governed by the laws of the State of California, without regard to conflict of law provisions. In the event that a lawsuit is filed where permitted under the provisions above, or in the event that the provisions above are found not to apply to you or to a given dispute, we both agree that any judicial proceeding will be brought in the federal or state courts of Nevada County, CA. Both you and we consent to venue and personal jurisdiction there.
DISCLAIMER OF WARRANTIES; “AS IS” WE ARE MAKING THE SERVICE AVAILABLE “AS IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICE OR PARTICIPATE IN THE PROGRAM. WE DO NOT WARRANT THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. J. OUR INTELLECTUAL PROPERTY The software, including all files and images contained in the Service created by Placemate, and accompanying data (collectively “Our IP”) are the property of Placemate or are used with permission from third parties. As part of these Terms, we grant you a nonexclusive, nontransferable, and revocable license to use Our IP solely for the purposes for which it is intended. And, specifically, you may not sell, redistribute, download, export, or reproduce Our IP in any way. You also may not decompile, reverse- engineer, disassemble, or otherwise convert Our IP without our permission. This Section does not apply to any component of Our IP that may be offered under an open source license.
FORCE MAJEURE In no event shall the Placemate be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.