Last Updated as of September 15th 2016
Haus Inc. (9828958 CANADA INC.) and its affiliates, successors and assigns (“Haus”, “9828958 CANADA INC.”, “we”, “our” or “us”) respects your privacy and is committed to adhering to protecting the identity of visitors to the Haus website (available at http://www.myhaus.co, the “Website”), the Application and/or any other aspect of our Services. The Terms are applicable to (1) non-registered visitors of the Website (each, a “Guest”), (2) registered home owners and tenants (each, a “Member”), and (3) to anyone else who accesses the Services. The terms “you”, “your”, “User” and “Users” refer to Guests, Members, and/or any other users of the Services.
BY VISITING THE WEBSITE, DOWNLOADING THE HAUS APPLICATION, AND USING THE SERVICES, YOU UNEQUIVOCALLY AND UNAMBIGUOUSLY CONSENT TO THE COLLECTION AND PROCESSING IN THE UNITED STATES OF ANY INFORMATION COLLECTED OR OBTAINED BY US THROUGH VOLUNTARY SUBMISSIONS, AND THAT U.S. LAW GOVERNS ANY SUCH COLLECTION AND PROCESSING.
We collect certain personal information (“Personal Information”) so we can improve our Services and enhance your experience. Any of the below activities with regard to the collection of usage information may be performed on our behalf by our Vendors (as defined in Section 4, below) and other service providers.
While you may access some of the Services without registration, many of the Services require registration, as more fully set forth in the Terms. Upon registration to the Services, creation of a Listing, communication with us or with fellow Users, or if you otherwise use our Services, you may be required or otherwise have the option to submit certain information, some of which may personally identify you. Such information may include any questions, comments or problems you report to us, your first and last name, your geo-location (if you assent), Third-Party Account (defined below) profile and login information, Third-Party Account contact lists and information about and photos of your Third-Party Account contacts who might be common Third-Party Account contacts with other Haus Users, profile/Unit images, tags, age, preferred move-in date, preferred rental duration, rental description, Unit amenities, Unit location, videos, phone number, home address, date of birth, e-mail address, credit card information, biographical information, username and password. You are solely responsible for ensuring the accuracy of the Personal Information you submit.
Information Automatically Collected. We may automatically collect information about Users, such as, the type of device you used and its operating system; the pages accessed most frequently and how pages are used; materials downloaded; search terms entered; the last login time; the last time you updated your account; or the time you created a Listing or otherwise published something through the Services. In the event that you login to your Haus account through our Facebook login system or otherwise access social media platforms via our Services, for example by logging into Instagram for the purposes of uploading photos to our Services or LinkedIn for providing certain other information (collectively, “Third-Party Accounts”), you authorize us to access the information you made publicly available on such Third-Party Accounts, including without limitation, your Instagram photos and, with respect to your Facebook account, the following: your Facebook profile (consistent with your Facebook privacy settings), your email address, interests, likes, gender, birthday, education, relationship interest, current city, photos, personal description and any other information made available to us via Facebook (collectively, “Facebook Content”). Subject to the privacy settings that you have set in your Facebook account, personally identifiable information that you post to Facebook will be available on and through your Haus account on the Services.
We and/or our Vendors (as defined in Section 4 below) automatically receive and collect information from or about the computers, phones, or other devices where you install or access our Services, depending on the permissions you’ve granted, such as IP addresses, unique device identifiers, the URLs of websites you arrive at the Services from or leave the Services to go to, your type of browser and language, access times, the content of any undeleted cookies that your browser previously accepted from us, your operating system, your mobile provider, your mobile device, and your ISP. We may use such information to better understand how Users use our Services, to analyze trends, administer the Services, prevent fraud, and gather broad demographic information, such as country of origin.
We currently use Sendgrid and Google Analytics to help us understand how you find and interact with our Services. We never share any information we obtain from Google Analytics with any third parties for advertising or any other purpose unless compelled to do so by valid legal process. You may be able to opt-out of Google’s collection. Please visit Google’s Ads Preferences Manager or the Google Analytics opt-out browser add-on for more information.
We use your information to help us provide and support our Services, including to:
We are able to deliver our Services, personalize content, and make suggestions for you by using this information to understand how you use and interact with our Services and the people or things you’re connected to and interested in through our Services.
We conduct surveys and research, test features in development, and analyze the information we have to evaluate, customize and improve products and Services, develop new products or features, and conduct audits and troubleshooting activities.
We may use your information to recommend certain Listings, send you marketing communications and push notifications, communicate with you about our Services, updates, promotional offers, and let you know about our policies and Terms. These communications may be made via email or social media (if you have made such social media information publicly available or through your Haus account registration). We also send communications to followers of our Instagram, Facebook and/or Twitter accounts via such third party channels. We also use your information to respond to you when you contact us, to provide customer support, and prevent potentially prohibited or illegal activities. You may opt out of certain communications in accordance with the procedures set forth in Section 5 below.
We use the information we have to improve our measurement systems so we can measure the effectiveness and reach of our Services.
We use the information we have to help verify accounts and activity, and to promote safety and security on our Services, such as by investigating suspicious activity or violations of our Terms or policies. We work hard to protect your account using teams of engineers, automated systems, and advanced technology such as encryption and machine learning.
The information we collect is stored on a secure, password-protected server and only authorized personnel have access to your information. Haus uses third-party Vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology required to run the Services and Haus owns the code, databases and all rights therein.
We use industry-standard encryption technologies with respect to the receipt and transfer of Personal Information you submit. Nevertheless, despite our best efforts, no transmission over the Internet and no data storage method can be guaranteed to be safe 100% of the time. Haus cannot guarantee that your end User data stored on our servers may not be accessed, disclosed, altered, or destroyed by breach of any of our industry standard physical, technical, or managerial safeguards. When you enter sensitive information (such as a credit card number) we encrypt such information using secure socket layer technology (SSL). The Haus Services, Website, Application and related software is hosted on servers in the United States. By using the Services, you consent to the transfer and storage of your information (including your Personal Information) in the United States and its use in accordance with the purposes for which it was originally collected.
Your password is the key to your account. We urge to you to use unique numbers, letters and special characters, and to keep your password secure. You agree to immediately notify Haus of any unauthorized use of your password or account or any other breach of security and we recommend that you exit from your account at the end of each session, especially where you are accessing the Services on a public computer. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify Haus if/when you desire to cancel your account. We are not responsible or liable for any loss or damage arising from your failure to comply with this or any other provision.
Haus will never request your password via email. If you receive an email or other correspondence requesting that you provide any sensitive information (including your password or credit card information) via email or to a website that does not seem to be affiliated with our Services, or that otherwise seems suspicious to you, please do not provide such information, and report such request to us.
In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we will endeavor to do so as promptly as possible under the circumstances. You consent to our use of email as a means of such notification.
When you create an account, we create a basic personal profile page for you. When you post a Listing, Users can view the information you made publicly available thereon and can click your account name to see your basic profile.
Haus may share certain information to our third-party vendors when it is necessary to provide you with our Services, or when we believe that doing so is reasonably necessary to comply with the law or law enforcement, to prevent fraud or abuse, or to protect our legal rights. These third-party vendors include, without limitation, business associates, analytics, asset storage, search, chat, image upload and e-mail processing and management vendors and other partners, employees, consultants, service providers, customer-support personnel, credit card processing companies (if you purchase anything through the Services), and vendors that assist us in collecting and/or processing information or delivering items that you order, such as IBM Cloud (collectively “Vendors”). Vendors are governed by obligations to protect the confidentiality and security of such information to at least the same degree as we do. These Vendors are restricted from using the information for any purpose other than helping us to provide products these Services. You understand that these Vendors may store certain information on servers located outside of Canada.
We may also disclose aggregate statistics regarding User behavior as a measure of interest in, and use of, our Services in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual User.
We may transfer information about you to another company in connection with a reorganization, merger, sale, acquisition or liquidation involving all or part of Haus.
We reserve the right to retain and disclose your information and any other data produced by Haus therefrom, from both open and closed accounts, to the extent necessary to, comply with applicable law, prevent fraud, assist with any investigations, judicial proceeding, court order or legal process, enforce our Terms, and take actions we deem necessary to protect the rights, property, safety or integrity of Haus or our Users.
HAUS SHALL HAVE NO LIABILITY FOR DISCLOSURE OF INFORMATION OBTAINED DUE TO ERRORS IN TRANSMISSION OR THE UNAUTHORIZED INTERVENTION OF THIRD PARTIES. FURTHER, IF YOU POST ANY OF YOUR PERSONAL INFORMATION IN PUBLIC AREAS OF THE WEBSITE, SUCH INFORMATION MAY BE COLLECTED AND USED BY OTHERS OVER WHOM WE HAVE NO CONTROL. WE ARE NOT RESPONSIBLE FOR THE USE MADE BY THIRD PARTIES OF INFORMATION YOU POST OR OTHERWISE MAKE AVAILABLE IN PUBLIC AREAS OF THE WEBSITE.
Deactivating Your Account. Upon your request, or in the event we terminate your account in accordance with our Terms, we will deactivate your registered account within ten (10) days of Haus’s receipt of such request.
Opt In/Out. You have the right to "opt in" and "opt out" of certain of our uses of your Personal Information and may change your preferences regarding such uses at any time. For example, we may use your email for transactional and promotional purposes. Emails we send you may contain code that enables our database to track your usage of the emails we send you, such usage includes whether the email was opened and what links (if any) were clicked.
You may also opt out by sending a request via postal mail to:
Haus | 9828958 CANADA INC.
135 Firgrove Cres.
Toronto, ON. M3N 1K5
You must be 18 years of age or older and able to form legally binding contracts with us to use the Services. By using our Services, you represent and warrant that you meet these qualifications. Haus does not knowingly collect or solicit any information from anyone under the age of 18 or knowingly allow such persons to register for the Services. The Services are not directed at children under the age of 18. In the event that we learn that we have collected Personal Information from a child under age 18 without parental consent, we will delete that information as quickly as possible.
We may provide tools that enable you to share information, including Personal Information, with others, through our internal communication tools, social media and in other ways. Should you choose to use such tools, please exercise caution when sharing such information. We will not share this information in this manner without you directing it to do so. Please note, however, that certain information and communications you post to and process through the Services may be available publicly. We do not share or sell any email address and/or phone numbers of non-Users to whom you have contacted and which you provide to us via our Services. To request the removal of this information from our database, you may opt out by following the instructions included in the email, or contact Haus at email@example.com.
Haus Inc. (9828958 CANADA INC.) and its affiliates, successors and assigns (“Haus”, “9828958 CANADA INC.”, “we”, “our” or “us”) is the owner and operator of the website, available at www.myhaus.co (“Website”), and the Haus Content (as defined in Section 14, below), features, data, information, tools, updates, code, software and mobile applications, e-mail notifications, newsletters, blog posts, products or any other services or materials provided by us (collectively, “Service” or “Services.” For the avoidance of doubt, the Website is included in the Services).
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING, USING AND/OR CREATING AN ACCOUNT ON THE SERVICES, CONSUMMATING A FINANCIAL TRANSACTION VIA THE SERVICES OR COMMUNICATING WITH USERS THROUGH THE SERVICES, YOU ARE AFFIRMING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.
You acknowledge that the Terms constitute a contract between you and Haus, even though they are electronic and not physically signed by you and Haus, and that they govern your use of the Services.
You agree that your access to and use of the Services is subject to these Terms and all applicable laws, and that any such access or use is undertaken at your own risk.
THE SERVICES ARE A PLATFORM FOR LISTERS (DEFINED IN SECTION 4, BELOW) TO CREATE LISTINGS (DEFINED IN SECTION, 4 BELOW) AND GUESTS, MOVERS (DEFINED IN SECTION 4, BELOW), AND/OR FOR MEMBERS TO LEARN ABOUT AND RENTAL UNITS (DEFINED IN SECTION 4, BELOW) DIRECTLY FROM THOSE LISTERS.
IN ADDITION TO THE STATEMENTS SET FORTH IN SECTIONS 17 AND 18 HEREIN, YOU UNDERSTAND THAT NO FINANCIAL TRANSACTIONS MAY BE MADE BETWEEN USERS VIA THE SERVICES, AND HAUS SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH ANY FINANCIAL TRANSACTION MADE OR ATTEMPTED TO BE MADE BETWEEN OR BY USERS OF THE SERVICES. HAUS IS NOT RESPONSIBLE FOR CONDUCTING CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS AND DOES NOT CONDUCT ANY SUCH CHECKS OR SCREENINGS. HAUS DOES NOT REVIEW OR VISIT ANY UNIT, NOR DOES IT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS MADE BY ITS USERS AND IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS WHEN INTERACTING WITH OTHER USERS, MEETING IN PERSON, SENDING MONEY TO ANOTHER USER OR OTHERWISE SHARING PERSONAL INFORMATION. YOU UNDERSTAND AND AGREE THAT HAUS IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN MEMBERS OR ANYONE ELSE, NOR IS HAUS A REAL ESTATE BROKER, AGENT OR INSURER. HAUS DOES NOT CONTROL, ENDORSE, HAVE ANY ASSOCIATION WITH, TAKE ANY RESPONSIBILITY FOR OR OTHERWISE MAKE ANY CLAIMS, REPRESENTATIONS, GUARANTEES OR WARRANTIES REGARDING, THE ACCURACY OR QUALITY OF ANY CONTENT IN CONNECTION WITH ANY UNITS OR LISTINGS (EACH DEFINED IN SECTION 4, BELOW), THE CONDUCT OF ANY USER OR A USER’S COMPLIANCE WITH RELEVANT LAWS OR REGULATIONS, THE LEGALITY OR SUITABILITY OF ANY UNIT OR ITS LANDLORDS, TENANTS, OR ANY OTHER RELATED THIRD PARTY IN CONNECTION WITH THE FOREGOING AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. HAUS CANNOT AND DOES NOT MAKE ANY GUARANTEES OF THE CREDIT WORTHINESS, HONESTY, BEHAVIOR, RENTAL HISTORY OR ABILITY TO PAY RENT OF ANY OF THE USERS OF OUR SERVICES.
IF ANY DAMAGE OR LOSS RESULTS FROM YOUR USE OF OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY FOR SUCH LOSS. ACCORDINGLY, ALL TRANSACTIONS ARE MADE OR ACCEPTED AT THE USER'S OWN RISK.
If you have any questions about the Terms or any of our other policies, please contact us at firstname.lastname@example.org
From time to time we will review the Terms to ensure they accurately reflect developments in the law and our business operations. We reserve the right to update and revise the Terms at any time. Any new features or tools that are added to the current Services shall also be subject to these Terms. If we do update the Terms, we will notify you here, as well as by doing one or more of the following: 1) posting a notice and link to the updated Terms the next time you log into the Services, at which point you must assent to such updated Terms in order to complete login; 2) posting a pop-up notice and link to the updated Terms on the Website; 3) e-mailing you a notice and link to the updated Terms; or 4) notifying you via RSS feed or pursuant to your user-configured notification preferences in connection with updates to these Terms.
You should review these Terms each time you newly engage with our Services. You will be deemed to have accepted these Terms, as updated, if you continue to use the Services after you receive notice of such updated Terms. We reserve the right to discontinue the Services or any part thereof at any time.
By accessing the Services you affirm that you are fully able and competent to enter into and comply with the Terms and that all the information you submit is accurate and truthful. We only permit individuals who are at least 18 years old and who can form legally binding contracts with us to use the Services.
These Services are solely available in the United States. If you access Haus from outside the United States, you do so at your own risk. You agree that you will not use the Services in any country or in any manner prohibited by United States export control laws or any other law, restrictions, or regulations that apply to you. You can only use or receive the Services to the extent applicable laws do not bar you from doing so.
By using the Services, you represent and warrant that you meet all eligibility requirements we outline in these Terms. We may still refuse to let certain people access or use the Services. We may also change our eligibility criteria at any time. We reserve the right, but are not obligated, to further limit the access of our Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.
While you may access some of the Services without registration, much of the content available through our Services requires registration, including without limitation, communicating with a Lister (defined in this Section 4, below) via the Services.
You are solely responsible for any activity that occurs through your account. In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your account at all times. Incorrect or outdated information may lead to errors or delays, for which we will not be responsible.
You are solely responsible for maintaining the security of your account and login credentials. You should never publish, distribute, or post login information for your account. We are not liable for any damages or loss caused from any unauthorized account actions. You are responsible for maintaining the confidentiality of your login, password, and account and for all activities that occur under your login or account, including any consequence resulting from your failure to do so. Please notify Haus at email@example.com immediately if you become aware of any unauthorized use of your account. You may not (a) share your account information or (b) use another person’s account.
Members. As a registered Member of our Services, you may act in one or more of the following capacities:
“Lister” – A Lister shall refer to those individuals that make available for rent a portion of their residential residence (the “Unit”) to prospective “Movers” (defined in this Section 4, below) by posting certain information about the Unit via our Services (the “Listing”). To create a Listing, you will be asked a variety of questions about the Unit, including, but not limited to, the location, size, features, and availability of the Unit and pricing and related rules and financial terms. Listings will be made publicly available via the Services;
“Movers” – A Mover shall refer to those individuals that use the Services to search for Units that are available for rent by Listers for the purpose of consummating a rental transaction with the Lister (the “Transaction”).
Haus Right to Terminate. We reserve the right to refuse registration, to suspend, block, prevent access to, cancel, or otherwise terminate an account and/or your right to use the Services at any time, with or without cause, in our sole discretion and without prior notice to you. We may refuse to accept or may cancel any registration, whether or not the registration has been confirmed, for any or no reason, and without liability to you or anyone else. We also reserve the right to limit or prohibit all activity, including registrations that, in our sole judgment, appear to be malicious or unlawful. In the event of termination, your obligations under these Terms will continue.
Your Right to Terminate. You can terminate your account by emailing us at firstname.lastname@example.org. However, any license granted by you under these Terms shall survive even after your account has been terminated. In addition, copies of User Content (as defined in Section 10, below) may have been retained as part of our routine backups. Notwithstanding the foregoing, any restrictions, reservations of rights and confidentiality as set forth herein shall remain in full force and effect upon the termination of this Agreement.
If you or Haus terminates or deactivates your account, you may lose all of your data, content, User Content (as defined in Section 10, below), history and other account usage information.
You are solely responsible for the payment of any fees incurred in connection with your use of the Services, including without limitation, those fees associated with the rental of a Unit. As stated above, Haus is not responsible or liable in any way whatsoever for any financial transactions made or attempted between or by Users of the Services.
You will be able to access aspects of the Services on compatible mobile devices (through an Internet-enabled mobile device on which you have downloaded or can otherwise access the applicable application, collectively an “Application”). Standard data and usage charges instituted by your mobile carrier may apply and, accordingly, you should check with your mobile carrier regarding the terms of your individual data or usage plan.
These Terms only govern the use of our Services. We may block access to certain Services (or certain features or content thereof) at any time for any reason. It is your responsibility to make sure your use of the Services is legal where you use them.
We do not warrant that the quality of any of our Services, products, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected. You acknowledge that we may establish general practices and limits concerning use of our Services, including but not limited to matters pertaining to the number and size of emails, time that User Content (defined in Section 10, below) and other information will remain on our Services, limitations on what User Content (defined in Section 10, below) may be posted and when and how long we will retain it. We may at any time destroy or log off accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion.
If you access our Services, you may come across content that you find offensive or upsetting. Your sole remedy is to simply stop viewing the content.
Due to maintenance, security or capacity issues, and also to some events over which we may not influence (force majeure, equipment malfunction, power failures, hostile attacks, etc.), Haus may be temporarily suspended or affected. We shall use our best commercially reasonable efforts to correct any errors and minimize any disruption, inaccessibility and/or inoperability of Haus, whether scheduled or not. Where feasible, we will endeavor to provide forty-eight (48) hours advance notice to you in the event of any scheduled downtime.
We may modify, update, or discontinue the Services (including any of their features) at any time without liability to you or anyone else. However, we will make a reasonable effort to notify you before we make such a change. Users shall bear sole responsibility for backing up their User Content (defined in Section 10, below) and all other content or materials in connection therewith. If the modified Services are not acceptable to you, your only recourse is to cease using the Services.
License to User Content. We do not claim any ownership rights to User Content. We do, however, require certain licenses from you, as set forth in these Terms, in order to operate and enable the Services, and to advertise, market or otherwise promote the Services. For example, we need to be able to transmit, store and copy User Content in order to display it to you and other Users or prospective Users, to create backups to prevent data loss, and anything else Haus deems necessary to provide the Services. Your acceptance of the Terms gives us the permission to do so and grants us any rights necessary to provide the Services to you. This permission includes allowing us to use third-party service providers in the operation and administration of the Services, and the rights granted to us are extended to these third parties to the degree necessary.
Haus Access. We will not access, view, display or listen to any User Content, except as set forth in the Terms and as reasonably necessary to perform the Services, including to monitor your conduct and misuse. Actions reasonably necessary to perform the Services may include (but are not limited to) (a) advertising, marketing or otherwise promoting the Services; (b) responding to support requests and facilitating communication among Guests and Members; (c) detecting, preventing, or otherwise addressing fraud, security, unlawful, or technical issues; and (d) enforcing these Terms. We reserve the right to review, remove, block, or modify any content on the Services, including User Content, without notice or further obligation to you.
Disclaimers. In addition to any disclaimers otherwise set forth herein, Haus does not pre-screen, control or endorse the content or data contributed by you and we make no claims or representations regarding any content we do not create. Unless explicitly stated, we do not endorse or have any associations with third-party sites or resources that we may link to on the Services. We take no responsibility related to User Content or third party content or any actions resulting from your use of any part of the Services. If any damage or loss results from your use of, reliance on, or any other connection between you and any content or data that any third party makes available, you acknowledge and agree that we are not responsible or liable, directly or indirectly. When you access third party resources on the Internet or through the Services, you do so at your own risk.
In addition to any other act that Haus in its sole discretion deems to be misuse, you may not:
take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers’ infrastructure;
interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
bypass, circumvent, or attempt to bypass or circumvent, any measures we may use to prevent or restrict access to the Services, including without limitation other accounts, computer systems or networks connected to the Services;
copy, modify, host, stream, sublicense, or resell the Services;
enable or allow others to use the Services using your account information;
use the Services to construct any kind of database;
use the Services for commercial purposes or on behalf of a commercial entity;
access or attempt to access the Services by any means other than the interface we provided or authorized;
reverse engineer or access the Haus in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of Haus, or (iii) copy any ideas, features, functions or graphics of Haus;
frame or mirror any part or content of Haus;
re-identify or discover the identity of certain anonymous parties presented to you;
use or share content or engage in behavior that violates anyone’s intellectual property rights;
upload or share any content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another’s privacy, or hateful;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
attempt to disable, impair, or destroy the Services;
use the Services to upload, post, transmit, or otherwise make available any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
publish anyone’s identification documents or sensitive financial information;
disrupt, interfere with, or inhibit any other User from using the Services (such as stalking, intimidating, or harassing others, inciting others to commit violence, or harming minors in any way);
engage in chain letters, junk mail, pyramid schemes, spamming, or other unsolicited messages;
place advertisement of any products or services in the Services;
manipulate identifiers in order to disguise the origin of any of User Content or other content;
upload, post, transmit, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
use any data mining or similar data gathering and extraction methods in connection with the Services;
violate any applicable law;
violate these Terms;
collect or store personal data about other Users in connection with any of the prohibited conduct and activities set forth above.
These obligations shall survive termination.
You are responsible for your conduct, User Content and all communications and disputes with others while using the Services. We are not responsible for the accuracy, appropriateness, or legality of your conduct, User Content or any other information you may post, submit, make available or access by using the Services.
You acknowledge that we do not pre-screen User Content and that Haus has no obligation to monitor any information on the Services. Nevertheless, you acknowledge that Haus and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any of User Content that is available via the Services. We may also review User Content transmitted through non-public mechanisms (such as non-public channels within the Services) where we deem appropriate, including for violations of the Terms or in response to a User complaint. You must evaluate, and bear all risks associated with, the use of User Content and any other content you submit.
You shall comply with any codes of conduct, policies, storage limitations, or other notices Haus provides or publishes in connection with the Services. You shall promptly notify Haus if you learn of a security breach related to the Services.
By, uploading or posting User Content or any other content to, interacting with other Users on, or otherwise engaging in, the Services, you represent, warrant and covenant that (a) you have all necessary rights, permits, licenses, permissions and approvals to (i) use, submit, or share such User Content, (ii) grant the licenses in these Terms, and (iii) consummate a Transaction with a fellow User or other related parties; (b) your actions are not in violation of any pre-existing contractual obligations with any third parties, including without limitation, homeowners associations, condominium, lease or rental agreements; (c) your actions are not in violation of any applicable local, state or federal law, including without limitation the Fair Housing Act, as amended, and any zoning and other laws governing rentals or residential properties; (d) all information your provide is truthful and accurate; and (e) such User Content and any other of your activities in connection with your use of the Services, and Haus’s exercise of all rights and licenses granted by you in the Terms, do not and will not violate, infringe, or misappropriate any third party’s contractual, copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does such User Content contain any matter that is defamatory, obscene, libelous, unlawful, threatening, abusive, tortious, offensive or harassing. You agree to pay for all royalties, fees, and any other monies owing any person by reason of User Content you post on or through the Services.
You will defend, indemnify and hold us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim, demand, liabilities, loss, expenses or damages, including without limitation reasonable attorneys’ fees, arising out of or related to your User Content or any other content you make available on the Services, your use of the Services, or your violation of these Terms.
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to product or service descriptions, pricing, promotions, offers, charges and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel transactions if any information in the Services is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information in the Services, except as required by law. No specified update or refresh date applied in the Services, should be taken to indicate that all information in the Services has been modified or updated.
Haus Content. Except as otherwise provided herein, the Services and all content appearing therein are the exclusive property of Haus or our licensors and is protected by United States and international copyright laws. All trademarks, service marks, and trade names that appear on the Services and the overall “look and feel” of the Services (including color combinations, button shapes, layout, design and all other graphical elements) (collectively the “Marks”) are proprietary to Haus, or the respective owners of such Marks (collectively, “Haus Content”). You may not display, reproduce, or otherwise use Haus Content, without first receiving written consent from us. You may not remove or otherwise modify any legal or trademark notices from any content we make available through the Services.
Scraping the Services or using other automated or manual means to take our content is expressly prohibited. Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
If you would like to request authorization to use the Haus Content beyond the terms of the license set forth below, please contact us at email@example.com.
Haus License. Subject to your compliance with these Terms and the law, you may access and use the Services and the Haus Content made available thereon (excluding software code). We (and our licensors) remain the sole owner of all right, title, and interest in the Services and Haus Content. We reserve all rights not granted under these Terms. In addition, any content that we provide to you is licensed on a personal, revocable, non-sublicensable, non-assignable and non-exclusive basis, not sold to you. You will not use, copy, adapt, modify, hack, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms. Our Services and Haus Content contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
Written Notification. Haus has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). You are hereby informed that Haus has adopted and reasonably implemented a policy that provides for the termination of access, in appropriate circumstances, to Users who are repeat copyright infringers. Haus may, in appropriate circumstances and at its discretion, disable and/or terminate access to Users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Haus’s Copyright Agent the following information (to be effective, the notification must be in writing and provided to our Copyright Agent):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material that you claim is infringing is located;
your address, telephone number, and, if available, email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Upon receipt of a valid written notification containing the information as outlined in 1 through 6 above, Haus shall, (1) remove or disable access to allegedly infringing content; (2) forward the written notification to the alleged infringer; and (3) take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the allegedly infringing content.
Counter Notification. To be effective, a counter notification must be a written communication provided to Haus’s DMCA Agent that includes substantially the following:
your physical or electronic signature;
identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
a statement, as follows: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and
your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located, or if your address is outside of the United States, for any judicial district in which Haus may be found, and that you will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a valid counter notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and Haus will comply with this requirement within a reasonable time (or as otherwise required by law), provided Haus’s DMCA Agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain you from engaging in infringing activity relating to the material on Haus’s network or system.
DMCA Agent. Haus’s agent for notice of claims of copyright or other intellectual property infringement can be reached via email at firstname.lastname@example.org
If you believe in good faith that any material posted on the Services infringes any of your rights other than in copyright, or is otherwise unlawful, you must send a notice to email@example.com, containing the following information:
Your name, physical address, e-mail address and phone number;
A description of the material posted on the Website that you believe violates your rights or is otherwise unlawful, and which parts of said materials you believe should be remedied or removed;
Identification of the location of the material on the Website;
If you believe that the material violates your rights, a statement as to the basis of the rights that you claim are violated;
If you believe that the material is unlawful or violates the rights of others, a statement as to the basis of this belief;
A statement under penalty of perjury that you have a good faith belief that use of the material in the manner complained of is not authorized and that the information you are providing is accurate to the best of your knowledge and in good faith; and,
Your physical or electronic signature.
If we receive a message that complies with all of these requirements, we will evaluate the submission, and if appropriate, in our sole discretion, we will take action. We may disclose your submission to the poster of the claimed violative material, or any other party.
IN ADDITION TO ANY DISCLAIMERS SET FORTH HEREIN, THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAUS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO (A) YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, YOUR COMMUNICATIONS WITH, AND TRANSACTIONS FACILITATED BY A FELLOW USER; (B) USER CONTENT; (C) ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HAUS OR THROUGH THE SERVICES; OR (D) ANY OTHER COMMUNICATIONS, TRANSACTIONS, CONTENT OR DATA ON THE SERVICES, WHETHER PROVIDED OR OWNED BY YOU, HAUS OR BY ANY THIRD PARTY OR USER, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, BUGS, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO THE SERVICES (“HARMFUL COMPONENTS”), AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
IN ADDITION, HAUS DOES NOT REPRESENT, WARRANT OR OTHERWISE ENDORSE THAT THE SERVICES OR ANY CONTENT, INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SERVICES ARE ACCURATE, COMPLETE, AVAILABLE, CURRENT, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES.
ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF HARMFUL COMPONENTS, WE DO NOT GUARANTEE OR WARRANT THAT THE SERVICES OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SERVICES DO NOT CONTAIN SUCH HARMFUL COMPONENTS. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH COMPONENTS. IF YOU RELY ON THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK.
In addition to the above, you understand and agree to the following:
Haus has no control over, and no duty to take any action regarding which Users access the Services, what content you access via the Services, what effects the content may have on you, how you may interpret or use the content, or what actions you may take as a result of your exposure to the content.
Haus is not responsible for the acts and omission of its Users. You release us from all liability related to our Services, the content you find on our Services and your reliance thereupon, your User Content, communications or other transactions facilitated via the Services, including financial transactions made between or by Users of the Services, or your use of and communications with a particular User.
The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. Your interactions with fellow Users found on or through the Services, including payment of rental fees, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such fellow User. Haus assumes no responsibility for a User’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations.
Haus is not responsible for others’ misuse of User Content or any other content submitted by you.
User Content may be transmitted or handled in an unencrypted manner if you use unencrypted gateways to connect to the Services. While Haus takes measures to ensure that information provided to its third party vendors and hosting partners is transmitted using reasonable security measures, it does not guarantee that those transmissions will be encrypted.
You are solely responsible for adequate security protection and backup of User Content. Haus shall have no liability to you for any unauthorized access or use of any of User Content or any corruption, deletion, or destruction of any of User Content.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HAUS, ITS AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AGENTS, AND LICENSORS, INCLUDING ANY THIRD PARTY PROVIDER, BE RESPONSIBLE FOR, OR LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, BUSINESS LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT OR USER CONTENT, COMMUNICATIONS OR TRANSACTIONS PROVIDED THROUGH OR OTHERWISE FACILITATED BY THE SERVICES OR ANY ERRORS OR OMISSIONS OR INACCURACIES IN THE SERVICES; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR THE SERVERS OF HAUS OR ITS THIRD PARTY PROVIDERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN BY; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (IV) ANY HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES EARNED BY US FOR THE THREE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY; OR (II) $100.00.
THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HAUS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Website may contain links to third-party websites or resources. You acknowledge and agree that Haus is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Haus of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You will be able to connect your Haus account to third party accounts. By connecting your Haus account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
If any part of these Terms is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.
Notwithstanding anything to the contrary herein, these Terms constitute the entire agreement between you and Haus and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these Services. Any rights not expressly granted herein are reserved.
We are not liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including—without limitation—mechanical, electronic or communications failure, or degradation.
You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.
If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver.
No party shall be liable to another party for failure perform its obligations under this Agreement if such failure is caused by any event or condition not reasonably within the control and anticipation of the affected party, including, without limitation, by fire, flood, typhoon, earthquake, explosion, strike, labor trouble or other industrial disturbance, unavoidable accident, war (declared or undeclared), act of terrorism, sabotage, embargo, riot, or any other cause beyond the control of the parties (“Force Majeure”), provided that the affected party promptly notifies the other party of the occurrence of such event or condition and takes reasonable steps necessary to resume performance of its obligations so interfered with.
The section and paragraph headings in these Terms are for convenience only and do not affect their interpretation. Whenever the words “include,” “includes” or “including” are used in the Terms, they shall be deemed to be followed by the words “without limitation.” Whenever the word “or” is used in the Terms, it shall not be deemed exclusive. All terms defined in the Terms shall have the defined meanings when used in any of the Terms unless otherwise defined therein. The definitions contained in the Terms are applicable to the singular as well as to the plural forms of such terms and to the masculine as well as to the feminine and neuter genders of such terms. Whenever the context requires, any pronouns used herein shall include the corresponding masculine, feminine or neuter forms.
You agree that regardless of any statute or law to the contrary, any claim or cause of action by you related to the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you have any questions, complaints, or claims with respect to the Services or any of the Haus agreements or Terms, you may contact us at firstname.lastname@example.org