Terms of Service for Renters
Welcome and thank you for your interest in Stipple (operated by Stipple, Inc. and its affiliates, collectively, "Stipple"). By clicking a registration or new account submission button, or by otherwise using Stipple's websites, networks, mobile applications, or other services provided by Stipple (collectively, the “Services”), or accessing any content provided by Stipple through the Services, you agree to be bound by the following terms of use, as updated from time to time ("Terms of Use").
Stipple does not, and the services are not intended to, provide financial or real estate advice. Stipple is not a financial or real estate broker or lender.
Stipple does not: (a) act as a real estate agent for you or any other user; (b) represent you or another user in the purchase, sale, leasing, or exchange of real property, including any negotiation thereof; or (c) lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property. Stipple assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that consumers take based on the Services or any other information available through or in connection with the Services.
Please note: where permitted by applicable law, this agreement contains a binding and final arbitration provision and class action waiver (section 14). Please read these terms carefully. by entering into this agreement, you acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions in section 14) and agree to all of its terms. if you do not agree to be bound by the terms and conditions of this agreement, you may not use or access the services.
Our Agreement
You are subscribing to use the Site as a renter. Your use of the Site is governed by these Terms of Service. By using the Site, you also agree to the Privacy Policy. Portions of the Site may have additional terms posted, which you must accept and observe in order to use those portions of the Site. These Terms of Service, along with the Privacy Policy and additional terms of the Site, make up the entire agreement between you and Stipple with respect to the Site, including all services offered through the Site, and supersedes prior agreements between you and Stipple.
Modifications
Stipple may modify these Terms of Service at any time by posting the modified Terms of Service on the Site or by notifying you by e-mail, at our option. All changes will be effective upon our posting or sending the e-mail and will only affect your use of the Site after the effective date of the change, unless we say otherwise in the notice. You are encouraged to regularly visit these Terms of Service on the Site. Your use of the Site after we provide notice of changes will be considered your agreement to those changes.
The Site is continually under development, and changes to it, including adding or deleting services and/or features, may be made at any time. Stipple will not be liable to you or to anyone else for any modifications to the Site. Your sole recourse for any modifications is to terminate your use of the Site.
Your Registration Information and Obligations
By registering as a renter to the Site, you certify that: (a) you are at least 18 years of age; and (b) you have provided (and you will maintain and update) true, accurate, current and complete information about yourself as prompted by our registration form (such information being the "Registration Data"). If any information you provide is (or we suspect maybe) untrue, inaccurate, not current or incomplete, Stipple has the right to immediately suspend or terminate your account and refuse further use by you of the Site.
You may only have one active renter account on the Site at any given time. You may not transfer your account to anyone else without our prior written consent. You must choose a user name and password for access to and use of the Site. You are responsible for maintaining the confidentiality of your user name and password and for all activities that occur through use of your account or under your user name and/or password. You agree to promptly notify us of any unauthorized use of your user name, password or any other breach of security that you become aware of involving or relating to the Site and its services by emailing us at feedback@Stipplere.com.
In order to maintain the security of your account, we recommend that you exit from your account at the end of each session, in particular when using a public or shared computer.
We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.
4. Use of the Site Subject to your full compliance with these Terms of Service, you may access and use the Site for your own personal purposes in finding an apartment to rent. All rights not expressly granted hereby are reserved by Stipple and its suppliers and licensors. Except as expressly authorized by Stipple, you may not use the Site, or any part of it, for any commercial purposes.
You agree not to access the Site by any means other than through the browser interface or mobile application we provide. Any automated means of accessing the Site, including through use of scripts, robots or web crawlers, is prohibited.
Our Proprietary Rights
The Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. The content on the Site, including text, information, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, "Materials") and the trademarks, service marks and logos on the Site ("Marks"), are, except as explicitly set forth on the Site, owned by or licensed to Stipple, subject to copyright and other intellectual property rights under the United States and foreign laws and international conventions.
Prohibited Activities
You agree that you will not, nor will you permit any third party to:
(a) sublicense, resell, transfer, or assign to a third party your account or use or allow anyone else to use your account on behalf of someone else;
(b) modify, copy or create derivative works of the Site or any Materials, or use the Site, or any part of it, in connection with a competitive product or service;
(c) attempt to access, download, decompile or reverse engineer the software and technology through which Stipple provides the Site;
(d) except with Stipple's prior express permission, create Internet "links" to the Site or "frame" or "mirror" the Site (or any portion of it) on any other server or wireless or Internet-based device;
(e) attempt to gain unauthorized access to the Site or use any unauthorized means to modify or reroute the Site (or attempt to do so), including by robots, spiders or other automated device, process or means to access any portion of the Site, or to disable or circumvent any technological measure we use to control or limit access or to protect our rights;
(f) use the Site and its services in any manner which could damage, disable or overburden the Site or interfere with anyone else's authorized use and enjoyment of the Site, or send or store material containing software viruses, worms, Trojan horses or other harmful code;
(g) use the Site for an illegal purpose or to induce or encourage illegal activities, or
(h) post any content, or engage in behavior or otherwise use the Site in a manner, that is harassing, infringing, libelous, invasive of another's privacy, harmful, threatening, fraudulent, deceptive, obscene, or otherwise unlawful or tortious, or that would give rise to civil liability. You may not remove, deface or obscure any of our or our providers', suppliers' or licensors' copyright, trademark and other proprietary notices on, in or associated with the Site.
Other Users and Third Parties
The Site is used by other renters and by agents or landlords. The manner in which we may disclose information about you to agents/landlords and others is provided in the Privacy Policy. In addition, the Site also may link to third party sites not owned or controlled by Stipple. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s) or any content therein.
Stipple is in no way liable for the actions of any users of the Site, or for the contents of any third party websites. The opinions expressed by users do not necessarily represent those of Stipple, nor is Stipple responsible in any way for the words or actions of such persons or entities.
Canceling Your Account
Your Stipple Account will continue in effect unless and until you cancel your Premium Account or we terminate it. You must cancel your Premium Account before it renews each month or year in order to avoid billing the next month's or year's fees to your credit card. Stipple will bill the monthly or yearly fees associated with your Premium Account to the credit card you provide to us during registration (or to a different credit card if you change your account information).
Stipple Premium Accounts are prepaid and are non-refundable. Stipple does not provide refunds or credits for any partial months or years. You may cancel your Stipple Premium Account at any time, and cancellation will be effective immediately but you will retain access to the features that came with your Premium Account through the remainder of the period already paid. If you wish to cancel your Premium Account you may do so via your "Account Settings > Billing" page. Should you elect to cancel your Premium Account, please note that you will not be issued a refund for the most recently (or any previously) charged monthly fees.
Stipple reserves the right to refuse service, or to terminate service, to any user at any time and for any reason, including but not limited to for any violation of these Terms of Service.
You may terminate your use of the Site and its services at any time.
By signing up for a Stipple Premium Account and providing Stipple with your payment account information, you hereby agree to these payment terms and conditions.
Ownership Of Your Content
You retain ownership of all intellectual property rights in any content submitted by you in the course of using the Services ("Content"). Stipple does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services to you.
Access To Our Services
We do not provide you with the equipment to access our Services. You are responsible for all fees charged by third parties related to your access and use of our Services (e.g., charges by Internet service providers). We reserve the right to modify or discontinue, temporarily or permanently, all or any portion of our Services without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of our Services. We also reserve the right, in our sole discretion, to reject, refuse to post, or remove any material that you post or submit for posting, and to restrict, suspend, or terminate your access to our Services at any time, for any or no reason, with or without prior notice, and without liability.
Disclaimer of Warranties
The site, including all services, is provided on an "as is" and "as available" basis, and we expressly disclaim all warranties of any kind either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
We do not warrant that (a) the site will be error-free, uninterrupted or secure, (b) defects will be corrected, (c) your use of the site will meet your requirements, or (d) any content or information on the site is correct, reliable, current or complete.
No advice or information, whether oral or written, obtained through or from the site or from any agent of Stipple creates any warranty not expressly stated in these terms of service.
Limitations of Liability
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND ALL OF ITS SERVICES IS AT YOUR OWN RISK. As part of this assumption of risk, you acknowledge and agree that you are solely responsible for evaluating the legitimacy, accuracy and quality of agent's or landlord's contact and/or listing information.
To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall Stipple or any of its licensors, suppliers, agents or service providers be liable for any direct, incidental, indirect, punitive, special or consequential damages that result from the use of, or the inability to use, the site or services, even if we have been advised of the possibility of such damages.
In any event, if the above limitations and exclusions are not enforceable or do not apply, Stipple's aggregate liability otherwise in connection with the Site and its services shall not exceed the amounts, if any, actually paid by you to Stipple for the Site and its services in the 12-month period prior to the event giving rise to such liability.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations may not apply to you.
The exclusions and limitations of liability in these terms of service will apply notwithstanding any failure of essential purpose of any limited remedy.
Indemnification
You agree to indemnify and hold Stipple, its employees, suppliers, licensors and agents (and its and their successors, officers, directors and employees) harmless from and against any and all claims, demands, costs, liabilities, judgments, losses, expenses and damages (including attorneys' fees) in connection with your use of the Site, including any of its services.
Digital Millennium Copyright Act Compliance
In accordance with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512), Stipple has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, account holders who are deemed to be repeat infringers. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide Stipple's copyright agent the following written information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail 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;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Before sending a notice to Stipple, you should confirm that you are the copyright owner or have rights to the copyright, which the DMCA requires. Contact information for Stipple Copyright Agent for notice of claims of copyright infringement is provided below.
Attn: Stipple
Address: 134 N 4th Street Brooklyn NY 11249
Email address: compliance@Stipplere.com
Governing Law; Dispute Resolution
These Terms of Service will be governed in accordance with the laws of the state of New York, without regard to its principles of conflict of laws. You agree that the terms of the Uniform Computer Information Transactions Act, to the extent applicable to the Site and your access and use thereof, if at all, does not apply to these Terms of Service.
Any dispute relating to the Site or these Terms of Service will be submitted to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Any arbitration shall be conducted in New York City. Judgment on the award rendered may be entered in any court having jurisdiction thereof.
Further, except as noted below, to the fullest extent permitted by law, you and Stipple agree that no class, collective, aggregate, or representative actions can be asserted in arbitration, litigation, or otherwise ("Class Action Waiver"). All claims must be brought solely in your or Stipple’s individual capacity, and not as a plaintiff or class member in any purported class, representative, aggregated, or collective proceeding.
Subject to the above the parties hereby waive any rights they may have to trial by jury in regard to claims covered by this agreement. to the fullest extent permitted by law, the parties further waive any rights they may have to pursue or participate in a class, collective, aggregate, or representative action pertaining to any such claims between them.
If the Class Action Waiver, or any other provision of this section requiring that claims be brought only on an individual basis and not on a class, collective, or representative basis, is determined to be invalid or unenforceable with respect to any particular claim, then that claim shall not proceed in arbitration but rather will be resolved in a court of competent jurisdiction. If that happens, however, the arbitration provisions in this section will still be fully enforceable as to all other claims, which must be resolved in arbitration on an individual basis. Any arbitrable claims will be resolved before non-arbitrable claims, which the parties will jointly request to be stayed pending the conclusion of arbitration.
Nothing in this section precludes any party from filing or participating in administrative proceedings before state, provincial/territorial, or federal agencies to address alleged violations of law enforced by those agencies. Further, to the extent a party would have to file a timely administrative charge or complaint as a prerequisite to filing a claim in court, the party must do the same before submitting a claim to arbitration under these Terms of Service. Upon receipt of a right-to-sue letter or similar administrative determination, however, the claim can only be resolved in individual arbitration pursuant to the terms of these Terms of Service.
This section also does not prevent any party from applying to a court of competent jurisdiction for any interim or provisional relief available under the law that is necessary to protect the rights of that party, pending the establishment of the arbitral tribunal. This section further does not prevent any party from filing any claim that otherwise qualifies in small claims court on an individual basis.
Electronic Communications
You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by us. Notices and communications to Stipple must be sent to the applicable address given in these Terms of Service or to feedback@Stipplere.com.
Jurisdictional Issues
This Site is controlled and operated by Stipple by its (and, as applicable, its suppliers' and licensors') offices in the United States. Stipple makes no representation that materials or content on or available through the Site are appropriate or available for use in all locations worldwide. You are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Site and its services from jurisdictions where the contents of the Site and its services are illegal or penalized is prohibited.
Feedback
If you provide to us in any way any suggestions or comments regarding the Site, you agree that we (and our providers, suppliers and licensors) may use, share, commercialize and exploit any and all such feedback without obligation or liability to you or any third party, in perpetuity. You agree not to submit any feedback that is subject to any third party rights.
No Third-Party Beneficiaries or Rights
These Terms of Service do not create any private right of action on the part of any third party or any reasonable expectation that the Site or Services will not contain any content that is prohibited by these Terms of Service.
Special Admonition for Services Relating to Financial Matters
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning investments or real estate transactions, please read the above Sections 5, 6 and 10 again. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for investing or real estate transaction purposes. Stipple and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any investment or real estate transaction decisions based on such information.
Equal Housing Opportunity
Stipple is pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the areas we serve, and to compliance with all applicable human rights legislation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, sexual orientation, gender identity or expression, handicap, familial status, national origin, or other legally protected group.
Credit Check & Application
In connection with my application for this apartment, I authorize all banks, corporations, companies, Credit agencies, accountants, persons and Employers, to release any information that they have shown me to Stipple Tenant Date Verification Co. Inc., or its agency and I release them from any and all liability or responsibility from doing so. Further, I authorize the procurement of an investigative consumer report and understand that such a report may contain information about my background, character and personal reputation. I understand this notice will also apply to future update reports that may be requested. I understand that any misrepresentation by me may be the cause of rejection by the landlord.Stipple is committed to compliance with all federal, state, and local fair housing laws.Stipple will not discriminate against any person because of race, color, religion, national origin, sex, familial status, disability, sexuality, gender identity, lawful source of income or any other specific classes protected by applicable law.
Signature
Typing or signing my full name below where is requested via email or through Stipplere.com qualifies as your legally binding signature as per the uniform electronic transactions act (ueta).
New York state Disclosure form
A. New York State Disclosure Form for Buyer & Seller https://www.dos.ny.gov/forms/licensing/1736-a.pdf.
B.New York State Disclosure Form for Landlord & Tenant https://www.dos.ny.gov/forms/licensing/1735-f.pdf
Miscellaneous
If any portion of these Terms of Service is unenforceable, such portion is severable and will not affect the enforceability of the remainder of these Terms of Service. Failure to exercise or enforce any right or term of these Terms of Service is not a waiver. No waiver of any right under these Terms of Service is effective unless and to the extent in writing signed by an authorized representative of Stipple.
A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in any proceedings, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms of Service or your access to and use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms of Service are personal to you and you may not assign these Terms of Service, or your rights or obligations hereunder, to any third party, without our consent. Any attempted assignment without such consent is void. Any provision of these Terms of Service (including all other incorporated terms) that is intended by its terms to survive termination will survive.
Terms of Service for Agents & Brokers
Welcome to Stipplere.com and its apartment rental services for renters and agents/landlords (the "Site"). The Site is owned by Stipple, Inc.. ("Stipple", "we," "us," or "our"). BY USING THE SITE, YOU AGREE TO THESE TERMS OF SERVICE. If you are using the Site on behalf of any entity, you represent that you have authority to bind the entity to these Terms of Service, and the words "you" and "your" refer to such entity as well. If you do not have such authority or you otherwise do not accept these Terms of Service, you are not authorized to use the Site.
Stipple does not, and the services are not intended to, provide financial or real estate advice. Stipple is not a financial or real estate broker or lender.
Stipple does not: (a) act as a real estate agent for you or any other user; (b) represent you or another user in the the purchase, sale, leasing, or exchange of real property, including any negotiation thereof; or (c) lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property. Stipple assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that consumers take based on the services or any other information available through or in connection with the services.
Please note: where permitted by applicable law, this agreement contains a binding and final arbitration provision and class action waiver (section 15). Please read these terms carefully. by entering into this agreement, you acknowledge that you understand this agreement (including the dispute resolution and arbitration provisions in section 15) and agree to all of its terms. if you do not agree to be bound by the terms and conditions of this agreement, you may not use or access the services.
Our Agreement
You are subscribing to use the Site as an agent or a landlord. Your use of the Site is governed by these Terms of Service. By using the Site, you also agree to the Privacy Policy. Portions of the Site may have additional terms posted, which you must observe in order to use those portions of the Site. These Terms of Service, along with the Privacy Policy and additional terms of the Site, make up the entire agreement between you and Stipple with respect to the Site, including all services offered through the Site, and this agreement supersedes prior agreements between you and Stipple.
Modifications
Stipple may modify these Terms of Service at any time by posting the modified Terms of Service on the Site or by notifying you by email, at our option. All changes will be effective upon our posting or sending the e-mail and will only affect your use of the Site after the effective date of the change, unless we say otherwise in the notice. You are encouraged to regularly visit these Terms of Service on the Site. Your use of the Site after we provide notice of changes will be considered your agreement to those changes.
The Site is continually under development, and changes to it, including adding or deleting services and/or features, may be made at any time. Stipple will not be liable to you or to anyone else for any modifications to the Site. Your sole recourse for any modifications is to terminate your use of the Site as provided below.
Your Registration Information and Obligations
By registering as an agent/landlord on the Site, you certify that: (a) you are at least 18 years of age; and (b) you have provided (and you will maintain and update) true, accurate, current and complete information about yourself as prompted by our registration form. Real estate agents, salespeople, and brokers must, at all relevant times, be in full compliance with their state's real estate licensing rules. For example, a New York real estate salesperson must, at all relevant times, be licensed as a real estate salesperson in NY and their license must be properly parked with a licensed real estate broker pursuant to NY Department of State rules. If any information you provide is (or we suspect may be) untrue, inaccurate, not current or incomplete, Stipple has the right to immediately suspend or terminate your account and refuse further use by you of the Site without refund.
You may only have one active account on the Site at any given time. You may not transfer your account to anyone else without our prior written consent. You must choose a user name and password for access to and use of the Site. You are responsible for maintaining the confidentiality of your user name and password and for all activities that occur through use of your account or under your user name and/or password. You agree to promptly notify us of any unauthorized use of your user name, password or any other breach of security that you become aware of involving or relating to the Site and its services by emailing us at feedback@Stipplere.com. In order to maintain the security of your account, we recommend that you exit from your account at the end of each session, in particular when using a public or shared computer.
we explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.
Use of the Site
Subject to your full compliance with these Terms of Service, you may access and use the Site for your own business purposes in (in the case of agents) assisting renters in securing apartment leases or (in the case of landlords) obtaining renters for your rental properties. All rights not expressly granted are reserved by Stipple and its suppliers and licensors. Except as expressly authorized by Stipple, you may not use the Site, or any part of it, for any commercial purposes or for the benefit of any third party.
You agree not to access the Site by any means other than through the browser interface or mobile application we provide - any automated means of accessing the Site, including through use of scripts, robots or web crawlers, is prohibited.
A valid credit card is required to subscribe to our Service. After your first purchase, your credit card information will be saved by our payment service gateway partner, Stripe. This is to ensure full protection of your billing information, as Stipple does not store your complete billing information. You agree to these terms by making a purchase.
Auto-Renewal. Stipple plans will automatically renew to preserve continuity of the services. Plans, including those that were discounted, will auto-renew at the regular price in effect on the date the user subscribed, unless Stipple notifies the user of a price change. If the user has not cancelled their plan or turned off the auto-renew function within the specified time after receiving notice of a price change, the user's plan will auto-renew at the price indicated in the notice.
Cancellation. In order to cancel and not be charged for renewal, the user must cancel before their renewal date. If the user does not cancel, the plan will auto-renew as described in the "Auto-Renewal Policy" section. To cancel a plan, please contact Stipple at support@Stipplere.com, or go into "account" and select to cancel their plan.
For monthly plans, where the agent/landlord has not spent any Pro credits, we offer a five-business-day full refund policy. However, refunds will not be issued if we do not receive the request for refund within five business days of the charge in question. It may take up to 5-10 business days for your refund to be processed.
If you chose to enable the "Repost Scheduler" for any given listing, You agree that your listing will be automatically reposted, at your expense, until You modify or disable the Repost Scheduler. Your failure to deactivate the Repost Scheduler on any given listing will not entitle You to a refund of credits spent by the Repost Scheduler in reposting that listing. Please contact support@Stipplere.com should you have any questions concerning use of the Repost Scheduler.
Our Proprietary Rights
The Site contains proprietary and confidential information that is available only to registered users and is protected by applicable intellectual property and other laws. The content on the Site, including text, information, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, "Materials") and the trademarks, service marks and logos on the Site ("Marks"), are owned by or licensed to Stipple, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.
Prohibited Activities
You agree that you will not, nor will you permit any third party to:
(a) sublicense, resell, transfer, or assign to a third party your account or use or allow anyone else to use your account on behalf of someone else;
(b) modify, copy or create derivative works of the Site or any Materials, or use the Site, or any part of it, in connection with a competitive product or service;
(c) attempt to access, download, decompile or reverse engineer the software and technology through which Stipple provides the Site;
(d) except with Stipple's prior express permission, create Internet "links" to the Site or "frame" or "mirror" the Site (or any portion of it) on any other server or wireless or Internet-based device;
(e) attempt to gain unauthorized access to the Site or use any unauthorized means to modify or reroute the Site (or attempt to do so), including by robots, spiders or other automated device, process or means to access any portion of the Site, or to disable or circumvent any technological measure we use to control or limit access or to protect our rights;
(f) use the Site in any manner which could damage, disable or overburden the Site or interfere with anyone else's authorized use and enjoyment of the Site, or send or store material containing software viruses, worms, Trojan horses or other harmful code;
(g) use the Site for an illegal purpose or to induce or encourage illegal activities, or
(h) post any content, or to engage in behavior or otherwise use the Site in a manner, that is harassing, infringing, libelous, invasive of another's privacy, harmful, threatening, fraudulent, deceptive, obscene, or otherwise unlawful or tortious, or that would give rise to civil liability. You may not remove, deface or obscure any of our or our providers', suppliers' or licensors' copyright, trademark and other proprietary notices on, in or associated with the Site.
(i) post any content that violates any US federal, state or local law relating to fair housing, which prohibit discrimination against any person because of race, color, religion, gender, handicap, familial status, or national origin.
Your Membership Account & Payments
You’ll be turning on automatic renewal for your Stipple Premium membership, and auto- recharge and pay for recharging account based on account setting. Your membership will be renewed Monthly and the charge will appear on your default credit/debit card associated with your email on file.
I give permission to Stipple to automatically charge the default credit/debit card associated with my email to renew my monthly membership, subject to the following:
I will be billed on a Monthly basis for US$ 99. Taxes may apply. For a total of 100 of Stipple coins
I can cancel automatic renewal at any time up to 24 hours before my renewal date by unchecking the Auto-Renew Stipple Premium Membership subscription.
Stipple will notify me of the upcoming charge before processing my automatic renewal.
If Stipple changes the membership price, I will be notified of the new price before I am charged and can opt-out by canceling Stipple Premium Membership billing & payments in your account.
If the payment for my membership cannot be transacted for any reason, Stipple will not process my automatic renewal and will notify me with instructions on how to manually renew my membership.
Your Listings
As between you and us, all information and other content regarding apartment listings that you upload to the Site (collectively, "Your Listings") will remain your intellectual property.
You agree that by submitting Your Listings to the Site you grant to Stipple and its providers and agents a royalty-free, worldwide, full paid-up, irrevocable, non-exclusive right and license to store, use, reproduce, modify and distribute, in accordance with these Terms of Service, Your Listings as part of the operation of the Site, including but not limited to technical maintenance, software development, debugging, and backup purposes. You acknowledge and agree that we may use third party technical service providers, such as hosting providers and storage or server operators, third party payment processors, web hosting services providers and web analytics ("Service Providers"), who may have access to Your Listings for purposes of providing services to Stipple.
All of Your Listings must be apartments that are currently open, and all information you provide regarding Your Listings must be accurate, including their true bedroom count, amenities, and price. You are responsible for promptly updating information regarding Your Listings, including removing from the Site listings that are no longer available. Any breach of these obligations will entitle Stipple to immediately suspend or terminate your account on the Site and to remove your coins without refund.
You represent that you have the right to provide, and allow use pursuant to these Terms of Service, all of your listings to the Site without violation of any third party rights, these Terms of Service or any laws or regulations. You acknowledge that Stipple does not pre-screen your listings, but that Stipple and its designees have the right (but not the obligation) to refuse or remove any of your listings from the Site that violates these Terms of Service, as determined by Stipple in its discretion. Stipple is not responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any of your listings.
You understand that the technical processing and transmission of the Site, including Your Listings, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Other Users and Third Parties
The Site is used by other agents/landlords and by renters. In addition, the Site may link to third party sites not owned or controlled by Stipple. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s) or any content therein.
Stipple is in no way liable for the actions of any other user of the Site, or for the contents of any third party web sites. The opinions expressed by other users do not necessarily represent those of Stipple, nor is Stipple responsible in any way for the words or actions of such persons or entities. You are solely responsible for determining whether to extend any contact to a renter and for any and all interactions and transactions with such renter. Further, Stipple is not responsible for collection from or payment by renters of any commissions or other amounts owed to you based on use of the Site.
Refusal and Termination of Services
Stipple reserves the right to refuse service, or to terminate service, to any user at any time and for any reason, including but not limited to for any violation of these Terms of Service.
You may terminate your use of the Site and its services at any time.
You are responsible for paying all amounts owed to Stipple regardless of termination of your use of the Site. Upon any termination, we will be under no obligation to provide a monetary refund to you, even if any money is available in your wallet or account on the Site. Upon any termination of your account, we reserve the right to permanently delete all of Your Listings and to terminate your access to and use of the services.
Disclaimer of Warranties
The site, including all services, is provided on an "as is" and "as available" basis, and we expressly disclaim all warranties of any kind either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
We do not warrant that (a) the site will be error-free, uninterrupted or secure, (b) defects will be corrected, (c) your use of the site will meet your requirements, or (d) any content or information on the site is correct, reliable, current or complete. no advice or information, whether oral or written, obtained through or from the site or from any agent of Stipple creates any warranty not expressly stated in these terms of service.
Limitations of Liability
You understand and agree that your use of the site and all of its services is at your own risk.
To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall Stipple or any of its licensors, suppliers, agents or service providers be liable for any direct, incidental, indirect, punitive, special or consequential damages that result from the use of, or the inability to use, the site or services, even if we have been advised of the possibility of such damages.
In any event, if the above limitations and exclusions are not enforceable or do not apply, Stipple's aggregate liability otherwise in connection with the Site and its services shall not exceed the amounts, if any, actually paid by you to Stipple for the Site and its services in the 12-month period prior to the event giving rise to such liability.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations may not apply to you.
The exclusions and limitations of liability in these terms of service will apply notwithstanding any failure of essential purpose of any limited remedy.
Indemnification
You agree to indemnify and hold Stipple, its employees, suppliers, licensors and agents (and its and their successors, officers, directors and employees) harmless from and against any and all claims, demands, costs, liabilities, judgments, losses, expenses and damages (including attorneys' fees) in connection with your use of the Site, including any of its services.
Digital Millennium Copyright Act Compliance
In accordance with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512), Stipple has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, account holders who are deemed to be repeat infringers. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide Stipple's copyright agent the following written information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- Your statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- Your statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Before sending a notice to Stipple, you should confirm that you are the copyright owner or have rights to the copyright, which the DMCA requires. Contact information for Stipple Copyright Agent for notice of claims of copyright infringement is provided below.
Attn: Stipple Compliance Departmen
t134 N 4th Street Brooklyn NY 11249
Or by email to: compliance@Stipplere.com
Governing Law; Dispute Resolution
These Terms of Service will be governed in accordance with the laws of the state of New York, without regard to its principles of conflict of laws. You agree that the terms of the Uniform Computer Information Transactions Act, to the extent applicable to the Site and your access and use thereof, if at all, does not apply to these Terms of Service.
Any dispute relating to the Site or these Terms of Service will be submitted to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Any arbitration shall be conducted in New York City. Judgment on the award rendered may be entered in any court having jurisdiction thereof.
Further, except as noted below, to the fullest extent permitted by law, you and Stipple agree that no class, collective, aggregate, or representative actions can be asserted in arbitration, litigation, or otherwise ("Class Action Waiver"). All claims must be brought solely in your or Stipple’s individual capacity, and not as a plaintiff or class member in any purported class, representative, aggregated, or collective proceeding.
Subject to the above the parties hereby waive any rights they may have to trial by jury in regard to claims covered by this agreement. to the fullest extent permitted by law, the parties further waive any rights they may have to pursue or participate in a class, collective, aggregate, or representative action pertaining to any such claims between them.
If the Class Action Waiver, or any other provision of this section requiring that claims be brought only on an individual basis and not on a class, collective, or representative basis, is determined to be invalid or unenforceable with respect to any particular claim, then that claim shall not proceed in arbitration but rather will be resolved in a court of competent jurisdiction. If that happens, however, the arbitration provisions in this section will still be fully enforceable as to all other claims, which must be resolved in arbitration on an individual basis. Any arbitrable claims will be resolved before non-arbitrable claims, which the parties will jointly request to be stayed pending the conclusion of arbitration.
Nothing in this section precludes any party from filing or participating in administrative proceedings before state, provincial/territorial, or federal agencies to address alleged violations of law enforced by those agencies. Further, to the extent a party would have to file a timely administrative charge or complaint as a prerequisite to filing a claim in court, the party must do the same before submitting a claim to arbitration under these Terms of Service. Upon receipt of a right-to-sue letter or similar administrative determination, however, the claim can only be resolved in individual arbitration pursuant to the terms of these Terms of Service.
This section also does not prevent any party from applying to a court of competent jurisdiction for any interim or provisional relief available under the law that is necessary to protect the rights of that party, pending the establishment of the arbitral tribunal. This section further does not prevent any party from filing any claim that otherwise qualifies in small claims court on an individual basis.
Electronic Communications
You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by us. Notices and communications to Stipple must be sent to the applicable address given in these Terms of Service or to feedback@Stipplere.com.
Jurisdictional Issues
This Site is controlled and operated by Stipple by its (and, as applicable, its suppliers' and licensors') offices in the United States. Stipple makes no representation that materials or content on or available through the Site are appropriate or available for use in all locations worldwide. You are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Site and its services from jurisdictions where the contents of the Site and its services are illegal or penalized is prohibited.
No Third-Party Beneficiaries or Rights
These Terms of Service do not create any private right of action on the part of any third party or any reasonable expectation that the Site or Services will not contain any content that is prohibited by these Terms of Service.
Feedback
If you provide to us in any way any suggestions or comments regarding the Site, you agree that we (and our providers, suppliers and licensors) may use, share, commercialize and exploit any and all such feedback without obligation or liability to you or any third party, in perpetuity. You agree not to submit any feedback that is subject to any third party rights.
Special Admonition for Services Relating to Financial Matters
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning investments or real estate transactions, please read the above Sections 5, 6 and 10 again. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for investing or real estate transaction purposes. Stipple and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any investment or real estate transaction decisions based on such information.
Equal Housing Opportunity
Stipple is pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the areas we serve, and to compliance with all applicable human rights legislation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, sexual orientation, gender identity or expression, handicap, familial status, national origin, or other legally protected group.
Miscellaneous
If any portion of these Terms of Service is unenforceable, such portion is severable and will not affect the enforceability of the remainder of these Terms of Service. Failure to exercise or enforce any right or term of these Terms of Service is not a waiver. No waiver of any right under these Terms of Service is effective unless and to the extent in writing signed by an authorized representative of Stipple.
A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in any proceedings, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms of Service or your access to and use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms of Service are personal to you and you may not assign these Terms of Service, or your rights or obligations hereunder, to any third party, without our consent. Any attempted assignment without such consent is void. Any provision of these Terms of Service (including all other incorporated terms) that is intended by its terms to survive termination will survive.
