Terms of Use and Service

Last revised date: March 1, 2016

The following terms of service (“Terms”) govern your use of ProperSee Inc D/B/A Housequarters’ (“Housequarters,” “we” or “us”) website available at [www.housequarters.com] and all content or information therein and any subdomains thereof (collectively, the “Website”), products, services, content and mobile applications, including any iOS application available via the Apple, Inc. (“Apple”) App Store (the “iOS Application”) (the “Services”).

  1. CHANGES
  2. We may periodically modify or supplement these Terms. If we make material changes to the Terms we will notify you via the Services (e.g., by posting a notice on the Website or providing notice via our applications or email) indicating that the Terms have been changed. All amended Terms become effective upon the earlier of (i) your use of the Services after such revisions have been posted and (ii) seven days after such revisions have been posted. If you do not agree with any changes to the Terms you must notify us of such disagreement and cease using the Services.

    We may modify the Services from time to time, including adding or deleting content or features or disabling certain aspects of the Services. We will try to give you notice when we make a material change to the Services that would adversely affect you.

  3. USE OF THE SERVICES
  4. Acceptance. These Terms are a binding contract between you and Housequarters. You must agree to and accept all of the Terms, which include our Privacy Policy located at www.housequarters.com/privacy, or you may not access or use the Services. Your access or use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services.

    PLEASE NOTE THAT THESE TERMS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

    Eligibility.The Services are intended solely for users who are 18 years of age or older, and any registration, use or access to the Services by anyone under 18 is strictly prohibited and in violation of these Terms. By using the Services, you represent to us that you are 18 years of age or older and are legally competent to enter into and agree to these Terms. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at info@housequarters.com.

    Account. In order to use the Services, you may be required to sign up for an account, and select a password and user name (“Housequarters User ID”). You agree to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Housequarters User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission (including via email or other notification through the Services). If you wish to transfer your account to a third party or to share data from your account with a third party (e.g., if you are offering your home for sale or have sold your home), please contact us at info@housequarters.com. Except solely as previously authorized by Housequarters in writing (including via email or other notification through the Services), you may not share your account or password with anyone, and you must protect the security of your account and your password. You are solely responsible for any activity associated with your account.

    Notifications. By providing your mobile phone number and using the Services, you hereby affirmatively consent to our use of your mobile phone number for calls and texts in order to perform and improve upon the Services. Housequarters will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply.

  5. CONTENT; LICENSES
  6. Content. The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Housequarters and its licensors. Except as explicitly provided herein, nothing in these Terms will be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Content. Use of the Content for any purpose not expressly permitted by these Terms is strictly prohibited. For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, rights of privacy, trademark, trade dress and service mark rights, goodwill, trade secret rights and all other intellectual property or proprietary rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

    End User License Grant. Subject to the terms and conditions of these Terms, Housequarters hereby grants you a non-exclusive, limited, non-transferable, freely revocable license (without the right of sublicense) to use the Services for your personal, noncommercial use only and as permitted by the features of the Services. Housequarters reserves all rights not expressly granted herein in the Services and the Content. Housequarters may terminate this license at any time for any reason or no reason.

    Restrictions. You agree to only use the Services only in a manner that complies with all laws that apply to you. You may not data mine, scrape, crawl, or use any robot other automatic device, script, technology or processes that send automated queries to the Website, or use other similar methods or tools, to gather or extract Content from the Services. In addition, you may not use the Services to compile data (or any other portion of the Content) in a manner that is used or usable by a competitive product or service. You may not link to the Website or any portion of the Services (including linking to a specific portion of the Services or framing Content in any way) and you may not employ script searches or search results from the Website in a manner that results in the display of any Content on a third party website or elsewhere. You may not modify the manner in which the Services are displayed or function, including framing, scraping or any other technique that would alter the display of the Website, applications or the visual display of the Services, including the Content. You may not use any device, software or routine to interfere or attempt to interfere with the proper functioning and display of the Website or the applications or the proper operation and usage of the Services by any other users or third parties. A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

    iOS Application. The following additional terms also apply to the iOS Application:

    1. Both you and Housequarters acknowledge that the Terms are concluded between you and Housequarters only, and not with Apple, and that Apple is not responsible for the iOS Application, Content or Services;
    2. The iOS Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicenseable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
    3. You will only use the iOS Application in connection with an Apple device that you own or control;
    4. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS Application;
    5. In the event of any failure of the iOS Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
    6. You acknowledge and agree that Housequarters, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the iOS Application including, but not limited to: (i) product liability claims; (ii) any claim that the iOS Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation;
    7. You acknowledge and agree that, in the event of any third party claim that the iOS Application or your possession and use of the iOS Application infringes that third party’s intellectual property rights, Housequarters, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim to the extent required by these Terms;
    8. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
    9. Both you and Housequarters acknowledge and agree that, in your use of the iOS Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
    10. Both you and Housequarters acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.

    Feedback. If you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, or feature requests relating to the Services (“Feedback”), then you hereby grant to Housequarters a world-wide, royalty free, irrevocable, perpetual license to use, incorporate and otherwise exploit any Feedback in connection with the Services and any of Housequarters’s or any of its successors’ or affiliates’ businesses, products, technology, services, specifications or other documentation.

  7. THIRD PARTIES
  8. The Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Housequarters. Housequarters does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website or service from the Services, you do so at your own risk, and you understand that these Terms and the Privacy Policy do not apply to your use of such websites or services. You expressly acknowledge and agree that Housequarters shall not be responsible or liable, directly or indirectly, for any damage or loss arising from your use of any third-party website, service, or content.

  9. PRIVACY
  10. You understand that by using the Services you consent to the collection, storage, use and disclosure of your information, including personally identifiable information, and aggregate data as set forth in and in accordance with our Privacy Policy, and to have your information, including personally identifiable information, and aggregate data collected, stored, used, transferred to and processed in the United States.

  11. PAYMENT AND RELATED TERMS
  12. Housequarters offers subscriptions to the Services, including paid subscriptions. If you elect to use paid aspects of the Services, you agree (i) that we may charge you for the full amount of any subscription-based Services at the beginning of your subscription, and then on a monthly or annual basis thereafter until you or we cancel your subscription, (ii) to the pricing and payment terms we may provide to you via the Services, as updated by Housequarters from time to time, and (iii) to provide our third party payment processor with a credit card, debit card, or other payment method acceptable to our third party payment processor as consideration for such Services. You agree that paid aspects of the Services may include estimated pricing. If you opt to purchase such Services, you will be asked to authorize any applicable estimate and acknowledge that the final pricing for such Services is subject to change. You agree that the cost of any one-time Service is separate from and in addition to any subscription fees for the Services.

    All financial transactions made in connection with the Services will be processed by a third party payment processor in accordance with their respective terms of use, privacy policy, and any other applicable payment terms and conditions. We encourage you to learn about the practices of such third party. In no event will Housequarters be responsible for the actions or inactions of any third party payment processor, including, but not limited to, system downtime or payment service outages.

    You may cancel your subscription with us at any time; provided that if you have authorized any Services that (i) are in progress, you will be responsible to pay for the full amount of such Services, and (ii) are scheduled to occur within 48 hours of your notice of cancellation (“Pending Services”), you may be responsible to pay a minimum fee, if applicable, and you will be advised of fee at the time you book the applicable Pending Service. If you have prepaid an unused portion of the Services (excluding Pending Services) prior to our receipt of your cancellation notice, including any subscription fees, you may be eligible for a refund from Housequarters. However, you acknowledge and agree that Housequarters has no obligation to provide a refund for any services purchased on or through the Services. Further, in the event that Housequarters suspends or terminates your use of the Services or these Terms, you understand and agree that Housequarters has no obligation to provide, and you may not receive, a refund of any kind, including for any subscription fees for any portion of the Services, or for anything else.

    You may cancel any authorized Services (excluding Pending Services) without incurring fees or penalties by providing notice to Housequarters at any time 48 hours prior to the scheduled time for performance of the Services. If you wish to cancel a Pending Service prior to the scheduled time for performance of the Services, you may be responsible to pay a minimum fee, if applicable, and you will be advised of fee at the time you book the applicable Pending Service. If you wish to cancel any Services that are in progress, you will be responsible to pay for the full amount of such Services.

    All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. You will pay any applicable fees, taxes, assessments and charges relating to any such purchases, transactions or other monetary transaction interactions relating to the Services.

    You agree that you have the right to grant Housequarters and its third party providers access to the applicable premises to perform the Services. You are responsible for securing all permits, licenses and/or renewals required by any government authority for Housequarters to complete your authorized Services except where explicitly stated in project work orders from Housequarters. You are also responsible for all fees, taxes, assessments and charges associated with any required permits, licenses and/or renewals. Housequarters will assist you in responding to requests for information from the permit, license and/or renewal-issuing government authority. You are responsible for providing Housequarters with a copy of all necessary permits, licenses and/or renewals issued by the government authority. If your address at which the Services will be performed is subject to any easements, covenants, or other legal encumbrances that could affect the delivery of the Services, you agree to advise Housequarters. You are responsible for ensuring that work areas are free of preexisting physical or environmental hazards, building/zoning code violations, or other violations of applicable law, rules, regulations, ordinances, or codes. You agree to keep pets away from work areas. You agree to keep posted permits on display at all times to the extent required by applicable law. You agree that if you or anyone you control interferes with or delays the Services, you may be subject to transportation/storage charges or other resulting charges. YOU ASSUME THE RISK AND THE FULL LIABILITY OF PHYSICALLY ASSISTING WITH THE SERVICES.

    Payment for Service Order. Upon the conclusion of the Services or based on set fee schedule in the Work Order, you will pay HOUSEQUARTERS in full for the Services. Payment will be made automatically to the credit card you have on file within two (2) days of completion or scheduled date as described in the Work Order. If payment is not made, the amount owed shall incur interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) until all amounts owed, including the interest, have been paid in full, and a $25 or 2% (Whichever is greater) returned charge fee for any returned payment fees incurred. In addition, you agree to bear all of our costs of collection, including our attorneys' fees and other legal expenses.

  13. TERMINATION
  14. We may terminate these Terms, or terminate, suspend or restrict your access to the Services, in the event that you violate any of the Terms or for any other reason, with or without notice or cause. Upon termination or suspension, your right to access the Website, applications and use the Services will immediately cease. We may discontinue, temporarily or permanently, all or part of the Services with or without notice. If your access to the Services is suspended or terminated by us you agree that you will not attempt to access the Services by any alias or other disguised or fraudulent identity or otherwise without our express prior written approval. If you wish to terminate your account, including any subscription, and cease use of the Services, you may do so at any time, by contacting us at info@housequarters.com. Provisions that, by their nature, should survive termination of these Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations, limitations of liability and terms regarding disputes between you and Housequarters.

    NO WARRANTY. The Services may be unavailable from time to time for maintenance or other reasons. Housequarters shall have no responsibility for any interruption, delay in operation or transmission, unauthorized access to, or alteration of, the Services or any Content. ALL USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES AND ANY CONTENT AND INFORMATION PRESENTED ON THE WEBSITE OR VIA THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, TIMELINESS, ACCURACY, COMPLETENESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR SAFETY. HOUSEQUARTERS AND ITS AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, “HOUSEQUARTERS PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE WEBSITE, CONTENT OR SERVICES, OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE OR SERVICES AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION OR OTHER INFORMATION STORED THEREIN. THE HOUSEQUARTERS PARTIES DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE OR PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR OTHER ADVERTISING, AND NONE OF THE HOUSEQUARTERS PARTIES WILL BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS EXPRESSLY PROVIDED HEREIN.

    WITHOUT LIMITING THE FOREGOING, NEITHER THE HOUSEQUARTERS PARTIES NOR THEIR LICENSORS WARRANT THAT ACCESS TO THE WEBSITE, CONTENT, AND SERVICES WILL BE UNINTERRUPTED OR THAT THE WEBSITE, CONTENT AND SERVICES WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. NEITHER THE HOUSEQUARTERS PARTIES NOR THEIR LICENSORS WARRANT THAT THE SERVICES ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. HOUSEQUARTERS IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF YOU OR ANY USER.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

    IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THESE TERMS, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE AND ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

    LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL THE HOUSEQUARTERS PARTIES OR THEIR LICENSORS BE LIABLE TO YOU OR ANY THIRD PERSON CLAIMING THROUGH OR UNDER YOU FOR ANY LOST DATA, LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, OR FOR ANY COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, OR FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, ARISING FROM YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, INCLUDING THE WEBSITE AND OUR APPLICATIONS, OR ANY OF THE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE OR OUR APPLICATIONS, EVEN IF THE HOUSEQUARTERS PARTIES ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE HOUSEQUARTERS PARTIES SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM OR IN RELATION TO HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES, OR YOUR INTERACTIONS WITH THE HOUSEQUARTERS PARTIES OR ANY OTHER USE OF THE SERVICES.

    IN NO EVENT SHALL THE HOUSEQUARTERS PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNTS, IF ANY, YOU PAID TO US FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

    YOU AGREE THAT THE ABOVE LIMITATIONS OF LIABILITY TOGETHER WITH THE OTHER PROVISIONS IN THESE TERMS THAT LIMIT LIABILITY ARE ESSENTIAL TERMS OF THESE TERMS AND THAT HOUSEQUARTERS WOULD NOT BE WILLING TO GRANT YOU THE RIGHTS SET FORTH IN THESE TERMS BUT FOR SUCH LIMITATIONS OF LIABILITY; YOU ARE AGREEING TO THESE LIMITATIONS OF LIABILITY TO INDUCE HOUSEQUARTERS TO GRANT YOU THE RIGHTS SET FORTH IN THESE TERMS.

    Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.

    The Services are made available from Housequarters’s facilities in the United States. Housequarters makes no representations that the Services are appropriate or available for use your geographic location, whether within or outside of the United States. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.

    INDEMNITY. You agree to indemnify and hold the Housequarters Parties harmless from any claim, cause of action, suit, proceeding, or demand, whether brought by third parties or otherwise, due to or arising out of your breach of these Terms and any use of the Services other than as expressly permitted in these Terms, and to pay any and all losses, liabilities, damages, costs or expenses, judgments and awards, including reasonable attorneys’ fees and costs. The foregoing indemnity obligations will survive any termination of the Terms or your use of the Services. Housequarters may, at its own expense, assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this section. You agree not to settle any matter subject to the foregoing indemnification obligations without the express consent and approval of Housequarters.

  15. ARBITRATION AND GOVERNING LAW
  16. There may be instances when you feel that HOUSEQUARTERS may not be fulfilling its obligations or you may have a different type of problem or dispute that needs special attention. In those instances, HOUSEQUARTERS is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with HOUSEQUARTERS, you acknowledge and agree that you will first give HOUSEQUARTERS an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute within thirty days of the Services being performed by sending an email to: info@housequarters.com.

    You then agree to negotiate with HOUSEQUARTERS in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after HOUSEQUARTERS's receipt of your written description of it, you agree to the further dispute resolution provisions below.

    You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of the Site, the Services, any booked and performed Service Order(s), and these Terms and Conditions, shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate HOUSEQUARTERS's or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by HOUSEQUARTERS and/or the applicable third party(ies). You and we acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision).

    Arbitration under these Terms and Conditions shall be conducted by the American Arbitration Association (the "AAA"). For claims of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes will apply; for claims over $75,000, the AAA's Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Upon your filing of the arbitration demand, we will pay all filing, administration and arbitrator fees for claims that total less than $75,000. For claims that total more than $75,000, the payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration Rules. You and we agree to pay our own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith with HOUSEQUARTERS as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys' fees and costs. Except for claims determined to be frivolous, HOUSEQUARTERS agrees not to seek an award of attorneys' fees in arbitration even if an award is otherwise available under applicable law. As a limited exception to the agreement to arbitrate, you and we agree that you may take Claims to small claims court, if your Claims qualify for hearing by such court.

    To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THESE TERMS AND CONDITIONS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE OR THE SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.

    WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND HOUSEQUARTERS BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.

    In no event shall any claim, action or proceeding by you related in any way to the Site, the Services, or these Terms and Conditions be instituted more than one (1) year after the cause of action arose.

    Governing Law. These Terms are governed by the AAA and the internal laws of the Commonwealth of Massachusetts, without reference to principles of conflicts of laws or choice of law rules. For any actions for which either party retains the right to seek injunctive or other equitable relief, at Housequarters’s request, you agree to submit to the personal jurisdiction of a state court located in Suffolk Country, Massachusetts or the United States District Court for the District of Massachusetts, and you hereby waive all defenses for lack of personal jurisdiction and forum non conveniens with respect to such courts.

  17. MISCELLANEOUS
  18. Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Housequarters’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

    Notices. Housequarters may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, “push” mobile notification, written or hard copy notice, or through posting of such notice on our Website or Services, as determined by Housequarters in our sole discretion. Housequarters reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification in accordance with these Terms and the Privacy Policy.

    Any questions about pricing, complaints, or inquiries about Housequarters must be addressed to our agent for notice and sent via certified mail to:

    Notification of Consumer Rights Complaint or Pricing Inquiry:

    ProperSee Inc D/B/A Housequarters

    121 Loring Road

    Winthrop, MA 02152

    Contact: info@housequarters.com

    Telephone: 617-657-4776

    California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

    General. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Housequarters may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Housequarters agree that these Terms, together with the Privacy Policy, are the complete and exclusive statement of the mutual understanding between you and Housequarters, and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. The headings and captions contained herein will not be considered to be part of these Terms but are for convenience only. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venturer of Housequarters, and you do not have any authority of any kind to bind Housequarters in any respect whatsoever. Except as expressly set forth in the section above regarding the iOS Application, you and Housequarters agree there are no third party beneficiaries intended under these Terms. Unless stated otherwise, all remedies provided for in these Terms shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.

    The failure of the HOUSEQUARTERS Parties to insist upon strict adherence to any term of these Terms and Conditions shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of these Terms and Conditions.

    You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this Site, the Services, or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The "Disclaimer; Limitation of Liability" provisions of these Terms and Conditions are for the benefit of HOUSEQUARTERS Parties as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

  19. MLS Terms of Use
  20. Before we can show you pictures and prices of sold homes, or show you comments on active listings, our MLS data providers require you to acknowledge that you're considering Housequarters as your real estate agent.

    NOTE: you have no obligation to work with a Housequarters Agent to buy or sell a home. You can choose to work with us or not.

    • You are entering into a lawful consumer-broker relationship with Housequarters as defined by applicable state law. You have no obligation to work with Housequarters and you can terminate your account with Housequarters any time. Any information you obtain from the Housequarters website is intended for your personal, non-commercial use.
    • You have a bona fide interest in the purchase, sale, or lease of real estate on the Housequarters website.
    • 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.
    • 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.
    • Housequarters also explicitly authorizes MLS employees, MLS members, or their duly authorized representatives to access Housequarters' website for the purposes of verifying compliance with MLS rules and monitoring the display of Participants' listings on Housequarters' site.

    Information Aggregation Housequarters is not responsible for any errors in displayed information or delays in displaying information. All information on the Sites is either transmitted to Housequarters from other entities or persons or was obtained through publicly available government sources. Issues of data accuracy may be brought to the attention of Housequarters by sending feedback but it is likely that such information accuracy cannot be corrected by Housequarters and the entity or person that generated the information must be appealed to. For example: incorrect listing information can only be changed by the third party listing agent under our terms with the MLSs.

    You must register for a Housequarters account 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 a Housequarters account you are agreeing to these Terms of Use as well as the MLS Terms of Use. You are responsible for all activities related to the Services that occur through your account and password. It is your responsibility to keep your Housequarters profile information accurate. You agree to keep your password confidential, not use others' accounts, nor permit others to use your account. Housequarters reserves the right to terminate accounts in its discretion.

  21. Multiple Listing Service Property Information Network (MLSPIN) - Boston Area MLS
  22. The property listing data and information, or the Images, set forth herein were provided to MLS Property Information Network, Inc. from third party sources, including sellers, lessors and public records, and were compiled by MLS Property Information Network, Inc. The property listing data and information, and the Images, are for the personal, non-commercial use of consumers having a good faith interest in purchasing or leasing listed properties of the type displayed to them and may not be used for any purpose other than to identify prospective properties which such consumers may have a good faith interest in purchasing or leasing. MLS Property Information Network, Inc. and its subscribers disclaim any and all representations and warranties as to the accuracy of the property listing data and information, or as to the accuracy of any of the Images, set forth herein.

  23. Severability; Interpretation
  24. If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in these Terms and Conditions, the term "including" shall be deemed to be followed by the words "without limitation."

  25. Entire Agreement
  26. This Agreement, together with any Service Orders, signed estimates and invoices, constitutes the entire and only Agreement between HOUSEQUARTERS and each user of this Site and/or the Services with respect to the subject matter of these Terms and Conditions and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of these Terms and Conditions.

  27. Contact Information
  28. If you have any comments or questions regarding these Terms and Conditions, or wish to report any violation of these Terms and Conditions, please contact us at info@housequarters.com. We will address any issue to the best of our abilities as soon as possible.