Cazamio TERMS OF SERVICE
Please read the following terms of service (“Terms of Service”) carefully as they contain important information about your legal rights, remedies and obligations. This Cazamio Platform (as defined below) is licensed, not sold, to you, by Cazamio LLC (“Cazamio”) for use strictly in accordance with these Terms of Service, which are an agreement between you and Cazamio, and, by accessing, using, downloading or installing the Cazamio Platform (as defined below), you agree to comply with and be bound by these Terms of Service, as same may be amended from time to time, at Cazamio’s sole discretion. These Terms of Service constitute a legally binding agreement between you and Cazamio governing your access to and use of the Cazamio Platform, including any subdomains thereof, and any other websites through which Cazamio makes the Cazamio Platform available If Cazamio updates or upgrades the Cazamio Platform, such updates or upgrades shall be subject to these Terms of Service unless the Cazamio Platform is expressly provided to you under different, or additional terms and conditions, in which case, those different, or additional terms and conditions (which may include the payment of additional fees), shall apply.
Please note that Section 17 of these Terms of Service contains an arbitration clause and class action waiver that applies to all Cazamio users. If you reside in the United States, this provision applies to all disputes with Cazamio. It affects how disputes with Cazamio are resolved. By accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
“Cazamio Platform” includes, without limitation, the Cazamio “app” or application, whether for mobile, tablet, or other smart device applications (collectively, the “Application”), the Cazamio website, including any subdomains thereof, and any other websites through which Cazamio makes its services available (collectively, the “Website”), and any services specific to or associated with the Application or the Website, including software code, scripts, interfaces, graphics, displays, text, images, artwork, audio or video clips, documentation and other components or content, including any Property listings, and any updates, modifications or enhancements to these items
“Lock” shall mean those door-locking devices and associated radio connectivity technology used in connection with the Cazamio Platform, including both its software and hardware components, including, but not limited to, a Hune brand door lock and mortise manufactured in China by Jiangment Keyu Intelligence Co., Ltd., an affiliated enterprise of Hong Kong Keyu Group, with electronic components, including PCB (printed circuit board) and BLE/RFID (bluetooth low energy/radio-frequency identification) manufactured in Korea by Chahoo Ltd, or such comparable Lock as may be used in connection with the Cazamio Platform from time to time to give potential tenants access to view Properties.
“Property” shall mean any real property, including any building, apartment and any place of dwelling, listed or described on the Cazamio Platform. As used herein, Property shall include both the land and building or complex in which such Property is located, as well as any equipment, facilities and systems located in or on same.
“You” in these Terms of Service refers to you, an individual, and/or to the company on whose behalf you accept these Terms of Service.
Your use of the Cazamio Platform may also be governed by terms and conditions required by (i) the manufacturer and other providers of the Lock and its hardware and software components, (ii) the online store or other applicable distributor through which you obtained the Cazamio Platform, and (iii) any other third part services or software used or which enable the Cazamio Platform (the “Related Agreements”). However, the foregoing shall not have the effect of limiting, encumbering or otherwise restricting Cazamio’s rights and remedies or your obligations under these Terms of Service, or waiving any restrictions on your rights to use the Cazamio Platform under these Terms of Service.
This Cazamio Platform is not intended for use by persons under the age of 18. If you are under 18 years old, you may not use the Cazamio Platform or provide Cazamio with any personally identifiable information.
By clicking the “Accept” button or downloading, installing or using the Cazamio Platform or accessing or using the Cazamio platform, you affirm that you are at least 18 years old, that you have carefully read these Terms of Service and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representation and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
1.1 The Cazamio Platform provides an online platform for the owners, landlords and managing agents of Property, or their representatives (“Landlords”, which shall include Users that are Landlords) and prospective tenants (“Tenants”, which shall include Users that are Tenants, and, together with Landlords, “Users”) with a compatible mobile device to post and view Properties available for rent (“Property Listings”) and to complete most aspects of the apartment rental process, without the involvement of a real estate broker, including using the Lock remotely to give Tenants access to view apartments, and allowing Landlords and Tenants to communicate and transact directly with one another through the screening, application and leasing process (“Listing Services”). Additional functionality may be added to the Cazamio Platform in the future as part of new Cazamio Platform releases. A detailed description of the features in the most recent Cazamio Platform release can be found at _____________________.
1.2 As the provider of the Cazamio Platform, Cazamio does not act as an owner of Properties, or create, sell, resell, provide, control, manage, offer, deliver, or supply any Property Listings or Listings Services, negotiate with or behalf of either Tenants or Landlords, or advertise Properties for Landlords. Landlords alone are responsible for their Property Listings and Listing Services. When Landlords and Tenants make or accept an offer regarding a Property Listing, or enter into any agreement relating to same, they are entering into a contract directly with the other User. Cazamio is not and does not become a party to or other participant in any contractual relationship between Users, nor is Cazamio a Landlord, owner, real estate broker or agent or insurer or acting as such. Cazamio is not acting as an agent in any capacity for any User.
1.3 While we may help facilitate the resolution of disputes, Cazamio has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Property Listings, (ii) the truth or accuracy of any Property Listings, or descriptions, ratings, reviews, or other User Content (as defined herein) or (iii) the performance or conduct of any User or third party. Cazamio does not endorse any User, Property Listing or Listing Services or the Lock. Any references to a User being verified, screened or background checked (or similar language) only indicate that the User has completed a relevant verification, screening or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Cazamio about any User, including of the User’s identity or background or whether the User is trustworthy, safe or suitable either to view any Property or as a Tenant. You should always exercise due diligence and care when deciding whether to inspect, visit or rent any Property, participate in any Listing Services, or communicate, interact, meet or transact with other Users, whether online or in person. Images, photographs, floorplans and depictions of Properties are submitted by Users, not Cazamio, and are intended only to provide a likeness of a Property and are therefore not an endorsement by Cazamio of any User or Property.
1.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any User’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (or enable Landlords to) (i) ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Users, (ii) screen Users against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a User, obtain reports from tenant “black lists”, public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
1.5 If you access or download the Cazamio Platform from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the Cazamio Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
1.6 Cazamio may make the access to and use of the Cazamio Platform, or certain areas or features of same, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting User ratings or reviews thresholds, or history on the Cazamio Platform.
1.7 If you choose to use the Cazamio Platform as a Landlord, your relationship with Cazamio is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Cazamio for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Cazamio.
1.8 To promote the Cazamio Platform, Property Listings and other User Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Users who speak different languages, Property Listings and other User Content may be translated, in whole or in part, into other languages. Cazamio cannot guarantee the accuracy or quality of such translations and Users are responsible for reviewing and verifying the accuracy of such translations. The Cazamio Platform may contain translations powered by Google. Google and Cazamio disclaim all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and noninfringement.
2.3 Term and Termination. This License shall be effective until terminated. Cazamio may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to you hereunder with or without prior notice. Furthermore, if you fail to comply with any terms and conditions of this License, then this License and any rights afforded to you hereunder shall terminate automatically, without any notice or other action by Cazamio. Upon the termination of this License, you shall cease all use of the Cazamio Platform, uninstall the Cazamio Platform and remove any Property Listings you have made through the Cazamio Platform. Cazamio may, without notice to you, disable the Cazamio Platform and remove your Property Listings. Cazamio will not be liable to you or any third party for compensation, indemnity, or damages of any sort as a result of terminating this License, and termination of this License will be without prejudice to any other rights or remedies Cazamio may have, now or in the future. These obligations survive termination of this License.
2.4 Cazamio reserves the right to modify these Terms of Service at any time in accordance with this provision. If we make changes to these Terms of Service, we will post the revised Terms on the Cazamio Platform. Unless a modification shall be urgent, requiring less notice, we will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms of Service, you may terminate the License with immediate effect. We will inform you about your right to terminate the License in the notification email. If you do not terminate your License before the date the revised Terms of Service become effective, your continued access to or use of the Cazamio Platform will constitute acceptance of the revised Terms of Service.
3.1 You must register an account (“Cazamio Account”) to access and use certain features of the Cazamio Platform, such as posting a Property Listing or scheduling an inspection of a Property. If you are registering a Cazamio Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms of Service.
3.2 You can register a Cazamio Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google. You have the ability to disable the connection between your Cazamio Account and your social networking account at any time, by accessing the ____________ section of the Cazamio Platform at ________________.
3.3 You must provide accurate, current and complete information during the registration process and keep your Cazamio Account and public Cazamio Account profile page information up-to-date at all times.
3.4 You may not register more than one (1) Cazamio Account unless Cazamio authorizes you to do so, or install, use or permit the Cazamio Platform to exist on more than one Device at a time or on any other mobile device or computer;
3.5 You may not assign or otherwise transfer your Cazamio Account to another party.
3.6 You are responsible for maintaining the confidentiality and security of your Cazamio Account credentials and may not disclose your credentials to any third party. You must immediately notify Cazamio if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Cazamio Account. You are liable for any and all activities conducted through your Cazamio Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
3.7 When this License has been terminated, you are not entitled to a restoration of your Cazamio Account or any of your User Content. If your access to or use of the Cazamio Platform has been limited or your Cazamio Account has been suspended or this License has been terminated by us, you may not register a new Cazamio Account or attempt to access and use the Cazamio Platform through other Cazamio Accounts.
4.1 Cazamio may charge fees to Landlord Users and/or Tenant Users in consideration for the use of the Cazamio Platform and rental of the Lock (collectively, “Platform Fees”). More information about the applicable Platform Fees apply can be found at _________________________.
4.2 Excepting any Platform Fees collectible pursuant to Section 4.4, below, any applicable Platform Fees (including any applicable Taxes) will be displayed to a Landlord or Tenant prior to posting a Property Listing or scheduling a visit or inspection to a Property
4.3 You are responsible for paying any Platform Fees that you owe to Cazamio.
4.4. Finder’s Fee.
4.4.1 You agree that Cazamio is acting as a finder for any Landlord Users, and that, by providing the Cazamio Plaform, Cazamio is facilitating an introduction to Tenants seeking to rent Properties. In the event that any Tenant contacts you regarding a Property Listing through the platform, and it results in the Property being rented by said Tenant, a flat fee (“Finder’s Fee”) shall be paid to Cazamio, as finder, upon the closing of the lease for the Property.
4.4.2 As a condition to entering into the agreement set forth in this provision (“Finder’s Fee Agreement”), Cazamio represents that the Cazamio Platform is made available to Tenants seeking to rent Property, and that the Cazamio Platform facilitates an introduction to Tenants that may be interested in the Property featured in your Property Listing.
4.4.3 Landlord Users acknowledge and agree that Cazamio’s duties in connection with the Finder’s Fee shall be limited to facilitating introductions to potential Tenants through the Cazamio Platform, and Cazamio is not permitted to advertise any Property featured in a Property Listing, to act as a fiduciary or agent for any Landlord User, or be in any involved in negotiations for the rental of the Property in question.
4.4.4 Finders Fees vary based on the location of the Property, and are subject to change. The applicable Finders Fees are due and payable and collected by Cazamio as set forth at ___________________.
4.4.5 You acknowledge and agree that Cazamio’s business may be funded in whole or in part through the collection of Finders Fees, and that the collection of these fees subsidizes the Platform Fees that would otherwise be necessary to support the Cazamio Platform. Accordingly, you agree that if, at any point, this Finders Fee provision and the collection of Finders Fees pursuant to same should be held to be unenforceable by a court having jurisdiction, or become prohibited by applicable law, or, if Cazamio, in its sole discretion, should determine that a Finders Fee has been challenged or is susceptible to challenge, Cazamio may collect, as Platform Fees, a sum equal to any such Finders Fees that would otherwise have become from a Landlord due pursuant to these Terms of Service. You acknowledge and agree that this is a just and equitable result in the event that any Finders Fees shall not be collectible, and that you are estopped from claiming to the contrary.
4.4.6 Cazamio reserves the right to change the Platform Fees and Finders Fees at any time, and will provide Users notice of any fee changes prior to the effective date of same. Except as otherwise provided on the Cazamio Platform, Platform Fees and Finders Fees are nonrefundable.
4.5 Lock Security Deposit. Cazamio reserves the right to require that Landlords deposit a security deposit to protect against loss or damage to the Lock and to charge same to Landlord in connection with providing a Lock for any Property Listing (“Lock Security Deposit”). The Lock Security Deposit will be the replacement cost of the Lock, plus a $75.00 administrative fee. In the event that the Lock shall not be returned within the agreed upon time, or within the amount of time specified by Cazamio in any notice given to the Landlord, or if Cazamio shall determine, in Cazamio’s sole discretion, that the Lock is in any way damaged, inoperable, or that its functionality has been impaired, the Landlord shall forfeit the Security Deposit and waive and all right or claim to same. Landlords acknowledge and agree that any Security Deposit deposited with Cazamio and charged in connection with any Property Listing represents fair consideration for the cost to Cazamio of replacing the Lock. Cazamio shall have no obligation to repair a damaged Lock or to salvage same for parts to offset the cost of Lock and Cazamio may, in its sole discretion, treat a damaged Lock as unsalvageable, even if it retains limited functionality, and retain the full amount of the Lock Security Deposit. If the Lock is returned on time and undamaged, as determined by Cazamio, in its sole discretion, the Security Deposit shall be returned and refunded to the Landlord within thirty (30) days of receipt by Cazamio.
5.1 Tax regulations or other applicable laws may require Cazamio to collect appropriate tax information from Users. If a User fails to provide us with documentation that we determine to be sufficient to satisfy our obligations, we reserve the right to suspend or terminate this License and the rights afforded to you hereunder with or without prior notice.
5.2 Landlord Users understand that any appropriate governmental agency, department and/or authority where your Property is located may require taxes to be collected or paid in connection with the Property and/or the collection of Rent (as defined below) and to be remitted to the respective tax Authority.
6.1 When creating a Property Listing through the Cazamio Platform you must: (i) provide complete and accurate information about your Property Listing and any Listing Services (such as listing description, location, and availability); (ii) disclose any deficiencies, restrictions and requirements that apply (such an income, credit worthiness or references); and, (iii) provide any other pertinent information requested by Cazamio. You are responsible for keeping your Property Listing information (including calendar availability) up-to-date at all times. You may only list one Property per Property Listing. Any terms and conditions included in your Property Listing must not conflict with these Terms of Service.
6.2 You agree that you will not make any Property Listing featuring a Property that you do not yourself own or have proper written authorization to make available for rent through the Cazamio Platform.
6.3 User Content (as defined below) used in your Property Listings must accurately reflect the quality and condition of the Property. Cazamio reserves the right to require that Property Listings have a minimum number of representative photographs of a certain format, size and resolution
6.4 You are solely responsible for setting a rent for your Property Listing, including any and all additional rents, charges and fees (“Rent”). Once a Tenant requests an inspection or viewing of your Property Listing, you may not request that the Tenant pays a higher Rent than in the Property Listing.
6.5 If you choose to require a security deposit or additional rent or fees for your Property, you must specify this in your Property Listing. Landlords are not permitted to ask for a security deposit or additional rent or fees outside of the Cazamio Platform. Cazamio does not take or accept security deposits for or on behalf of Users, is not responsible for administering, accepting or resolving any claims by Users relating to security deposits and expressly disclaims any and all liability arising from any security deposits accepted or deposited by Users in connection with a Property Listing.
6.6 You represent, acknowledge and agree that any Property Listing will be true as to the following and that a Property Listing shall be promptly removed if, at any time, they cease to be true: (i) that the Property is not subject to a lease, that it is available to be rented and free of occupants; (ii) the amount of the Rent; (iii) the description of the Property, including any amenities.
6.7 You acknowledge that it is contrary to applicable law and/or Cazamio’s policy, to discriminate against or harass any Tenant on the basis of race, color, national origin, citizenship status or alienage, religion, gender, gender identity, physical or mental disability or handicap, medical condition, marital status, familial status (includes families with children under the age of 18 and pregnant and elderly persons), sex, age or sexual orientation or lawful occupation, and you agree that you will not engage in such discrimination or otherwise engage in any abusive or disruptive behavior
6.8 You acknowledge that, pursuant to applicable law and/or Cazamio’s policy, if a Tenant’s rental application is denied because of negative or insufficient information obtained from a consumer reporting agency, a higher rent is charged, or the terms of their tenancy are affected by such information, the Tenant must be informed of the following: (i) the reason that the Tenant was rejected or charged a higher rent; (ii) the name and address of the agency that reported the negative information: and, (iii) the Tenaant’s right to obtain a free copy of the report by requesting it from that agency within 60 days, and that they can dispute the report’s accuracy and add their own “consumer statement”.
6.9 Cazamio recommends that Landlords obtain appropriate insurance for their Listing Services. Please review any respective insurance policy carefully, and, in particular, make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Tenants and other occupants either while viewing or inspecting a Property or during any eventual tenancy.
6.10 Cazamio reserved the right to control, at its sole discretion, the placement and ranking of Property Listings in search results on the Cazamio Platform, which may vary and depend on a variety of factors, including, but not limited to, Tenant search parameters and preferences, Rent, Landlord requirements, number and quality of photographs in the Property Listing, customer service history and User reviews and ratings.
6.11 You represent and warrant that any Property Listing and the leasing of any Property featured in such Property Listing will (i) not breach any agreements you have entered into with any third parties, such as homeowners associations, condominiums, cooperatives, or other agreements, and (ii) comply with all applicable laws (such as zoning and housing laws), tax requirements, and other rules and regulations (including having all required permits, licenses and registrations).
6.12 As a Landlord, you assume sole responsibility for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Property, excluding the Tenant and invitees, roommates and co-occupants of the Tenant, if applicable.
6.13 Assumption of Responsibility. You assume sole responsibility for testing the suitability and safety of the Lock for use at any Property that you list on the Cazamio Platform, including the safety of any other users of the Cazamio Platform and any other occupants of the Property. You warrant and represent that you have inspected any Property listed in a Property Listing to confirm the safety of the Property for inspection, viewing and occupancy, including, the following: (i) that the portion of the Property to be leased is free of any and all occupants; (ii) that all fire safety equipment, including, but not limited to, smoke detectors, fire alarms, carbon monoxide detectors, sprinklers and extinguishers, that are either advisable or required by applicable law, are in place and in working order; (iii) that the Property complies with all applicable accessibility requirements, including, but not limited to, the Americans with Disabilities Act (“ADA”); (iv) that all legally required or advisable security measures have been taken, including, but not limited to, security guards or other personnel, working locks and doors, lights, and intercoms; and, (v) that any stairs, elevators, floors or any other areas of the Property to which the Tenant will have access have been physically inspected and are in good condition and working order.
6.14 You agree that any photograph, videotape, or film of a Tenant or other person that may be made or that you may have access through the Cazamio Platform, shall be made and used solely for security purposes and you shall defend, indemnify and hold harmless Cazamio, and its agents, directors, officers and employees, at your sole expense, from any loss, damage, claim, cost, fee, penalty, fine or expense incurred or suffered by Cazamio by reason of any claim (including, but not limited to, invasion of privacy, misappropriation, violation of the right of publicity and/or intentional or negligent infliction of emotional distress) arising out of or in connection with any photograph, videotape, or film made or accessed through the Cazamio Platform.
6.15 You acknowledge that, as a Landlord, it is illegal to demand a fee or “key money” in order to rent a Property and agree that no such fee or “key money” will be collected in connection with any Property Listing or otherwise through the Cazamio Platform.
7.1 Subject to meeting any requirements (such as completing any verification processes or background check) set by Cazamio and the Landlord, you can view or schedule a time to view Properties featured on Property Listings on the Cazamio Platform.
7.2 You understand and agree that, by scheduling a viewing or inspection of a Property (“Viewing”), you are granted only a limited license by the Landlord for the sole purpose of entering the Property for a brief inspection to determine whether you are interesting in renting the Property, and the Landlord (only where and to the extent permitted by applicable law) retains the right to re-enter the Property.
7.3 By scheduling a Viewing, you agree to leave the Property within the time the Landlord specifies in the Property Listing. If you stay past the agreed upon time without the Landlord’s consent, any license to view the Property shall automatically terminate, and you be considered a trespasser on the Property without the Landlord’s consent and the Landlord is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Landlord, a fee of $_____________ to cover the inconvenience suffered by the Landlord, and any legal expenses that may be incurred by the Landlord to make you leave (collectively, “Late fees”). Cazamio reserves the right to collect Late Fees from you on the Landlord’s behalf.
7.4 You agree that you will not schedule a Viewing of any Property if you will not actually be attending the Viewing yourself
7.5 Before and during any Viewing, you must at all times adhere to the Landlord’s instructions for the Property, whether communicated by the Landlord or provided in the Property Listing.
7.6 You acknowledge that you may be recorded, photographed, videotaped, or filmed by the Landlord, using the Cazamio Platform or otherwise, for security purposes and consent to same. You hereby release Cazamio, and its agents, directors, officers and employees from any and all claims, demands, costs, and liability that may arise from the use of these recordings, photographs, videotapes, or films, and/or any reproductions of same, in any form, as described above, arising out of being recorded, photographed, videotaped, or filmed, including any claim that the Landlord acted outside of the scope of your consent in the making or publication, display or broadcast of any such recording.
7.7 You are responsible for leaving the Property in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Property, excluding the Landlord (and the Landlord’s agent or any other individual the Landlord invites to the Property, if applicable).
8.1 At the Landlord’s option, some Property Listings may provide the option of allowing a Tenant to pay a non-refundable fee to the Landlord to “hold” or reserve a Property for an amount of time (“Hold Fee”), the duration of time of the hold and the fee to be determined by the Landlord and specified by the Landlord on the Property Listing
8.2 Any Landlord accepting a Hold Fee represents and agrees that the Hold Fee shall be calculated based solely on actual costs to the Landlord associated with holding the Property (e.g., pro-rated rent, management and handling fees, etc.), and that any Hold Fee will not be calculated based on, or constitute, liquidated damages.
8.3 In the event that a Tenant does not rent a Property for which the Tenant has paid the Landlord a Hold Fee, the Landlord shall be entitled to keep any Hold Fees paid to it by the Tenant and Tenants agree that the Hold Fee represent good and fair consideration for the actual costs to the Landlord of not renting the Property during the time of the hold and waive and relinquish any and all rights and claims to the Hold Fee.
8.4 In the event that a Tenant rents a Property for which the Tenant has paid the Landlord a Hold Fee, the Landlord agrees that a sum equal to the Hold Fee shall be applied as a credit against the first month’s rent for the Property.
8.5 Cazamio does not receive or hold the Hold Fees or any portion of same and is not responsible for same. Any agreement regarding Hold Fees is solely between the Landlord and Tenant, Cazamio shall have no obligations or liability to either User with respect to any Hold Fees. Notwithstanding the foregoing, in the event that Cazamio shall determine, at its sole discretion, that a Hold Fee shall not have been properly applied pursuant to a Tenant’s rent, as required under Terms of Service, Cazamio reserves the right, but shall not have the obligation, to collect from, and charge to, any such Landlord, the amount of the Hold Fee and refund same to the Tenant
9.1 If a Landlord claims, and provides evidence, that you have damaged a Property or any personal or other property at a Property (“Damage Claim”), the Landlord can seek payment from you by submitting a Damage Claim with Cazamio. If a Landlord submits a Damage Claim to Cazamio, you will be given an opportunity to respond. If you agree to pay the Landlord, or Cazamio determines, in its sole discretion, that you are responsible for the Damage Claim, Cazamio reserves the right, but shall have no obligation, to collect any such sums from you required to cover the Damage Claim, up to the sum of $_________, and pursue any remedies available to Cazamio in this regard in situations in which you are responsible for a Damage Claim.
9.2 While Cazamio shall have no obligations with respect to any Damage Claim, and expressly disclaims any obligation, both to Landlords and Tenants, to take any action with respect to any Damage Claim, as well as any liability arising from same, Users agree to cooperate with and assist Cazamio in good faith, and to provide Cazamio with such information and take such actions as may be reasonably requested by Cazamio in connection with any Damage Claims or other complaints or claims made by Users relating to Property or any personal or other property located at a Property. A User shall, at Cazamio’s option and at no cost to the User, participate in mediation or a similar resolution process with another User, which process will be conducted by Cazamio or a third party selected by Cazamio or its insurer, with respect to losses for which a User is requesting payment from another User.
9.3 If you are a Tenant, you understand and agree that Cazamio may make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to a Property or any personal or other property located at a Property. You agree to cooperate with and assist Cazamio in good faith, and to provide Cazamio with such information as may be reasonably requested by Cazamio, to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as Cazamio may reasonably request to assist Cazamio in accomplishing the foregoing.
10.1 Within a certain timeframe after leasing a Property, each User may leave a public review or rating about the other User or Property . Any ratings or reviews reflect the opinion of individual Users and do not reflect the opinion of Cazamio. Ratings and reviews are not verified by Cazamio for accuracy and may be incorrect or misleading.
10.2 Ratings and reviews by Users must be fair, truthful and factual and may not contain any abusive, offensive or defamatory language. Ratings and reviews must comply with Cazamio’s User-Submitted Content policy, as set forth in these Terms of Service.
10.3 Users are prohibited from manipulating the ratings and reviews system in any manner, such as instructing a third party to write a positive or negative review about another User.
11.1 General. You acknowledge that the Cazamio Platform utilizes, may contain links to, and/or may permit access to, Property Listings, products, services, websites, advertisements, promotions, recommendations, advice, information, and materials created and provided, created or manufactured by other Users, advertisers, publishers, content collaborators, marketing agents, vendors, manufacturers and other third parties, including, but not limited to, the Lock (“Third Party Content, Products and Services”).
11.2 Disclaimer. You acknowledge that Cazamio does not approve, test, investigate, monitor, represent or endorse the Third Party Content, Products and Services (including any third party websites accessed through the Cazamio Platform). Furthermore, your access to and use of the Third Party Content, Products and Services is at your sole discretion and risk, and Cazamio shall have no liability to you arising out of or in connection with your access to and use of the Third Party Content, Products and Services. Cazamio is not responsible or liable for the availability, accuracy, safety or suitability of such Third Party Content, Products and Services, or the content, products, or services available from same.
11.3 Product Liability Indemnification. Landlords agree to defend, indemnify and hold harmless Cazamio, and its agents, directors, officers and employees, at their sole expense, from any loss, damage, claim, cost, fee or expense incurred or suffered by Cazamio by reason of any claim (including, but not limited to, any actual or alleged personal injury, damage, death or other consequence occurring to any person as a result, directly or indirectly, of the use of the Lock) by any third party, including other users of the Cazamio Platform occupants, arising out of or in connection with the use of the Lock at any Property that you list on the Cazamio Platform and from any Viewing scheduled at and/or from any Property that you list, including, but not limited to, any alleged condition or defect in same.
11.4 Third Party Terms of Service. You acknowledge and agree that your access to and use of the Third Party Content, Products and Services and any correspondence or business dealings between you and any third party using the Cazamio Platform may be subject to different terms and conditions and privacy practices and are governed by and may require your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. You assume all risks arising out of your use of the Third Party Content, Products and Services or resulting from your transaction of business over the internet and with any third party, and you agree that Cazamio and its collaborators, suppliers, and licensors are not responsible or liable for any loss or result of the presence of information about or links to any third parties. Furthermore, you acknowledge and agree that the License granted herein does not grant you any license to (i) the Third Party Content, Products and Services; (ii) any products, services, processes or technology described in or offered by the Third Party Content, Products and Services; or (iii) any copyright, trademark, patent or other intellectual property right in the Third Party Content, Products and Services or any products, services, processes or technology described or offered therein. You agree that you will not use Third Party Content, Products and Services in a manner that would infringe or violate the rights of any other party, and that Cazamio and its collaborators, suppliers, and licensors are not in any way responsible for any such use by you.
11.5 Endorsements. You acknowledge and agree that providing access to or otherwise utilizing or referencing any Third Party Content, Products and Services does not constitute or imply any endorsement of same by Cazamio. Cazamio reserves the right to restrict or deny access to any Third Party Content, Products and Services otherwise accessible through the Cazamio Platform, although Cazamio has no obligation to restrict or deny access, even if requested by you.
11.6 Inaccurate or Inappropriate Materials. You understand that by accessing and using the Third Party Content, Products and Services, you may encounter information, materials and subject matter (i) that are incomplete or inaccurate; (ii) that you or others may deem offensive, indecent, or objectionable; (iii) which may or may not be identified as having explicit language, and (iv) that automatically and unintentionally appears in search results, as a link or reference to objectionable material. Notwithstanding the foregoing, you agree to use the Third Party Content, Products and Services at your sole risk and that Cazamio and its collaborators, suppliers, and licensors shall have no liability to you for information, material or subject matter that is found to be incomplete, inaccurate, offensive, indecent, or objectionable.
12.1 The Cazamio Platform contains features that allow you, as well as other Users, to create, submit, upload, post, send, receive, store and display content through the Cazamio Platform, including data, information, text, photos, audio, video, floor plans, or other materials, documents and information (“User Content”).
12.2 You may not use or allow others to use the Cazamio Platform, directly or indirectly through your Device or wireless number, nor upload, distribute, transmit, communicate, link to, public or access any User Content, using or otherwise in connection with the Cazamio Platform, that (a) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (b) libelous or defamatory; (c) vulgar, obscene, pornographic, sexually offensive or explicit; (d) harmful, abusive, harassing, violent, threatening or hateful, or promoting same or that constitutes “bullying”, whether against an individual or a group; (e) racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive; (f) violates, or encourages any conduct that would violate, any applicable law or regulation or the rights of others, or would give rise to civil liability; (g) infringes, misappropriates or violates any patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy or other intellectual property right, or any proprietary or personal rights or confidentiality obligations of others; (h) violates these Terms of Service or any other Cazamio policy.
You are solely responsible and liable for any such activity, behavior, use and conduct. This means that you, and not Cazamio or its collaborators, suppliers, or licensors, are entirely responsible for all User Contant that you provide or post via the Cazamio Platform
You are responsible for ensuring that your Property Listing is true and accurately represented in any User Content and you will stop using, and will promptly remove, any User Content submitted by you on or through the Cazamio Platform if it is no longer true or accurately represent your Property Listing, if you no longer own or manage the featured Property, or if your Cazamio Account is terminated or suspended for any reason.
12.4 You understand that Cazamio’s business may be funded in whole or in part through advertising. You understand and agree that the Cazamio Platform may include advertisements, and that these may be necessary to support the Cazamio Platform. To help make the advertisements relevant and useful to you, Cazamio may serve advertisements based on the information we collect from you or in relation to your interaction on our Platform.
12.5 Cazamio may access, preserve, monitor and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Cazamio or to comply with legal process (for example, subpoenas or warrants); (ii) enforce or administer our agreements with Users, such as these Terms of Service; (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes; or (iv) protect the rights, property or safety of Cazamio, its Users, or members of the public. You acknowledge that Cazamio has no obligation to monitor your access to or use of the Cazamio Platform or that of other Users, or to review, remove, filter, disable access to or edit any User Content, but Cazamio reserves the right to do so, without prior notice.
12.6 Under no circumstances will Cazamio or its collaborators, suppliers, or licensors be liable in any way for any User Content, including, but not limited to, any errors or omissions in same, or any loss or damage of any kind, including damages or injury to person or property, incurred as a result of the use of any such User Content posted, emailed, transmitted or otherwise made available via the Cazamio Platform.
12.7 If you provide User Content through the Cazamio Platform, you grant Cazamio a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable and transferable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed and to exercise the same rights with respect to such works without compensation or attribution to you. You also hereby waive any moral rights in your User Content. Cazamio is under no obligation to post or use any User Content you may provide and Cazamio may remove your User Content at any time in its sole discretion. You agree that Cazamio is not under any obligation of confidentiality, express or implied, with respect to your User Content. You represent and warrant that you own or otherwise control all necessary rights, consents and permissions to your User Content necessary to submit such material and to grant Cazamio all of the license rights granted herein. You are solely responsible for all User Content that you make available on or through the Cazamio Platform. Accordingly, you represent and warrant that you either are the sole and exclusive owner of all User Content that you make available on or through the Cazamio Platform or you have all rights, licenses, consents and releases that are necessary to grant to Cazamio the rights in and to such User Content, as contemplated under these Terms of Service.
12.8 If you or Cazamio terminates this Agreement, Cazamio does not have an obligation to return to you any of your User Content, including, but not limited to, any reviews or feedback, or to discontinue use of same.
12.9 You acknowledge and agree that Cazamio shall have the right to use any User Content in advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Property Listing or otherwise, without further notice or compensation to you.
13.1 Rights to Cazamio Platform. You acknowledge and agree that the Cazamio Platform, and any copies thereof (including without limitation any copy that you download, install, or use on your Device), and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated with same under the laws of the United States and other countries are, and shall remain, the property of Cazamio or its collaborators, licensors, or suppliers. Furthermore, you acknowledge and agree that the source and object code of the Cazamio Platform and the format, directories, queries, algorithms, structure and organization of the Cazamio Platform are the exclusive intellectual property and proprietary and confidential information of Cazamio and its collaborators, licensors and suppliers. Title to the Cazamio Platform shall remain with Cazamio. Cazamio and its collaborators, licensors, and suppliers reserve the right to change, suspend, terminate, remove, impose limits on the use of or access to, disable access to, or require the return of or removal of the Cazamio Platform (or any copy thereof) at any time, without notice, and will have no liability for doing so. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Cazamio Platform or User Content, except to the extent you are the legal owner of the User Content or as expressly permitted in these Terms of Service. Except as expressly stated herein, you are not granted any license or intellectual property rights in or to the Cazamio Platform by implication, estoppel or other legal theory, and all rights in and to the Cazamio Platform not expressly granted in this License are hereby reserved and retained by Cazamio. These obligations survive termination of this License.
13.2 Cazamio Marks. You acknowledge and agree that the company name “Cazamio”, “Cazamio.com” and “Cazamio LLC” and its related logos and all related trademarks, trade names, product and service names, design marks, slogans and source identifiers of Cazamio (the “Cazamio Marks”) are the property of Cazamio. All Cazamio Marks used on or in connection with the Cazamio Platform are trademarks or registered trademarks of Cazamio in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Cazamio Platform and/or User Content are used for identification purposes only and may be the property of their respective owners. You will not You are not authorized to use the Cazamio Marks in any advertising, publicity or in any other commercial manner without the prior written consent of Cazamio, which may be withheld for any or no reason. These obligations survive termination of this License.
13.3 You will not: (a) decompile, decrypt, reverse engineer, disassemble, or attempt to derive the source code of the Cazamio Platform or the software used to provide the Cazamio Platform, even for research purposes; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Cazamio Platform; (c) remove, alter or obscure any Cazamio Marks or other proprietary rights notices, including those Cazamio’s collaborators, suppliers or licensors, incorporated in or accompanying the Cazamio Platform or User Content; (d) dilute, tarnish or otherwise harm the Cazamio brand in any way, including through unauthorized use of User Content, registering and/or using Cazamio or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Cazamio domains, trademarks, taglines or promotional campaigns; (e) use, display, mirror or frame the Cazamio Platform, or any individual element within the Cazamio Platform, Cazamio’s name, any Cazamio Mark or other proprietary information, or the layout and design of any page or form contained on a page in the Cazamio Platform, without Cazamio’s express written consent; or (f) advocate, encourage, or assist any third party in doing any of the foregoing.
Cazamio respects copyright law and expects its users to do the same. It is Cazamio’s policy to terminate in appropriate circumstances the Accounts of Users who infringe or are believed to be repeatedly infringing the rights of copyright holders.
YOU ACKNOWLEDGE AND AGREE THAT THE CAZAMIO PLATFORM, INCLUDING ALL CONTENT ACCESSED THEREBY AND/OR CONTAINED THEREIN, AND ANY PROPERTY FEATURED IN A PROPERTY LISTING THEREON, IS PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND THE ENTIRE RISK AS TO SATISFACTORY SAFETY, QUALITY, SUITABILITY, RELIABILITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. YOUR USE OF OR RELIANCE UPON THE CAZAMIO PLATFORM AND ANY THIRD PARTY CONTENT, PRODUCTS AND SERVICES ACCESSED THEREBY, AS WELL AS ANY DECISION TO VIEW, INSPECT, VISIT OR RENT ANY PROPERTY FEATURED IN A PROPERTY LISTING, IS AT YOUR SOLE RISK AND DISCRETION.
CAZAMIO AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS (FOR PURPOSES OF THIS SECTION, HEREINAFTER “CAZAMIO”) HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE CAZAMIO PLATFORM, THIRD PARTY CONTENT, PRODUCTS AND SERVICES, AND ANY PROPERTIES FEATURED IN ANY PROPERTY LISTINGS, WHETHER ORAL, EXPRESS, IMPLIED OR STATUTORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE OF THE PARTIES, OR THE NATURE OR CONTEXT OF THIS LICENSE, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. FURTHERMORE, CAZAMIO MAKES NO WARRANTY THAT THE CAZAMIO PLATFORM OR THIRD PARTY CONTENT, PRODUCTS, AND SERVICES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPED, ACCURATE, RELIABLE, TIMELY, SECURE, SAFE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR ERROR-FREE.
CAZAMIO MAKES NO GUARANTEE THAT ANY USER WILL COMPLY WITH ANY AGREEMENT REACHED OR CLAIMED TO HAVE BEEN REACHED WITH ANY OTHER USER, OR ANY OBLIGATION OF ANY KIND OWED OR CLAIMED TO BE OWED BY ONE USER TO ANOTHER, WILL BE SATISFIED, AND YOU ACKNOWLEDGE AGREE THAT CAZAMIO SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR SAME.
CAZAMIO DISCLAIMS ANY AND ALL LIABILITY FOR ANY ACTION (WHICH SHALL INCLUDE INACTION AND ACTION BY OMISSION) BY USERS AGAINST OTHER USERS AND THIRD PARTIES, WHETHER NEGLIGENT, INTENTIONAL, CRIMINAL OR OTHERWISE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CAZAMIO OR FROM THE CAZAMIO PLATFORM SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE THAT CAZAMIO AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HAVE NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE CAZAMIO PLATFORM.
YOU ACKNOWLEDGE THAT THE CAZAMIO PLATFORM IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE PERFORMANCE OF, USE OR MISUSE OF, FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE CAZAMIO PLATFORM COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE.
CAZAMIO AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE CAZAMIO PLATFORM WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR DEVICE OR ANY OTHER PIECE OF HARDWARE, SOFTWARE, EQUIPMENT OR DEVICE INSTALLED ON OR USED IN CONNECTION WITH YOUR DEVICE. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPATIBILITY AND INTEROPERABILITY PROBLEMS CAN CAUSE THE PERFORMANCE OF YOUR DEVICE TO DIMINISH OR FAIL COMPLETELY, AND MAY RESULT IN PERMANENT DAMAGE TO YOUR DEVICE, LOSS OF THE DATA LOCATED ON YOUR DEVICE, AND CORRUPTION OF THE SOFTWARE AND FILES LOCATED ON YOUR DEVICE. YOU ACKNOWLEDGE AND AGREE THAT CAZAMIO AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSSES SUFFERED, RESULTING FROM OR ARISING IN CONNECTION WITH COMPATIBILITY OR INTEROPERABILITY PROBLEMS. SHOULD THE CAZAMIO PLATFORM PROVE DEFECTIVE, YOU ASSUME THE ENTIRE BURDEN OF ALL NECESSARY EXPENSES, SERVICING, REPAIR, OR CORRECTION TO YOUR DEVICE.
CAZAMIO MAY RESTRICT AVAILABILITY OF THE CAZAMIO PLATFORM OR CERTAIN AREAS OR FEATURES THEREOF, IF THIS IS NECESSARY IN VIEW OF CAPACITY LIMITS, THE SECURITY OR INTEGRITY OF OUR SERVERS, OR TO CARRY OUT MAINTENANCE MEASURES THAT ENSURE THE PROPER OR IMPROVED FUNCTIONING OF THE CAZAMIO PLATFORM. CAZAMIO MAY IMPROVE, ENHANCE AND MODIFY THE CAZAMIO PLATFORM AND INTRODUCE NEW CAZAMIO SERVICES FROM TIME TO TIME.
EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL CAZAMIO, ITS COLLABORATORS, SUPPLIERS OR LICENSORS, NOR THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR DAMAGES, ACCIDENTS, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALE OR DISTRIBUTION OF, THE PERFORMANCE OR NON-PERFORMANCE, OR YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE CAZAMIO PLATFORM, ANY THIRD PARTY CONTENT, PRODUCTS AND SERVICES, REGARDLESS OF WHETHER THE DAMAGES ARISE FROM BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, THE DAMAGES WERE FORESEEABLE OR WHETHER SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CAZAMIO’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF ANY FEES PAID TO CAZAMIO DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THAT THE CLAIM ARISES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THESE OBLIGATIONS SURVIVE TERMINATION OF THIS LICENSE.
You shall indemnify, defend and hold harmless Cazamio and its collaborators, suppliers and licensors, and their officers, directors, agents and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) your access to or use of the Cazamio Platform or Third Party Content, Products and Services, including, but not limited to, the posting or submission of any Property Listing through the Cazamio Platform; (ii) the use, condition, leasing, renting or Viewing of a Property listed in a Property Listing by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with same; (iii) your Viewing of a Property and access to or use of the Property in connection with same, including any actions you take with respect to other persons or personal property during such a Viewing; (iv) any Hold Fee, including, but not limited to the failure to return or credit same; (v) your User Content or your use of any other User’s User Content; (vi) your breach of the License and/or these Terms and Conditions; (vii) your interaction, whether online or in person, with any other User or third party (viii) your violation of any law or regulation or failure to comply with any law or regulation, including, but not limited to, any failure to pay any required taxes; (ix) your negligence or willful misconduct; or (v) your violation of the rights of a third party. You will promptly notify Cazamio in writing of any third-party claim arising out of or in connection with your access to or use of the Cazamio Platform. These obligations survive termination of this License.
PLEASE READ THIS CAREFULLY AS IT AFFECTS YOUR RIGHTS. THE LICENSE IS SUBJECT TO THE FOLLOWING ARBITRATION PROVISIONS
While most Cazamio Platform questions and concerns can be addressed by contacting a Cazamio customer service representative, if Cazamio’s customer service department is unable to resolve a complaint or issue you may have to your satisfaction (or if Cazamio has been unable to resolve your dispute or issue informally), you agree to resolve any dispute through binding arbitration instead of in courts of general jurisdiction, and such arbitration is mandatory and final. Arbitration is an informal dispute resolution process that occurs outside of court and uses a neutral arbitrator instead of a judge or jury. While the arbitration process limits discovery and is subject to very limited review by courts, arbitrators can award the same damages and relief that a court can award. The award shall be final and binding on the parties and may be entered and enforced in any court having jurisdiction. Notwithstanding the foregoing, you may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, such as the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. This License evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this License
For purposes of this Section 9, references to “Cazamio,” “you,” “your” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of this Cazamio Platform, or of services or devices under this License.
17.1.1 You agree to arbitrate all disputes and claims you may have with us. This agreement to arbitrate is intended to be broadly interpreted and includes, but is not limited to: (a) claims arising out of or relating to the Cazamio Platform or any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (b) claims that arose before this License or any prior agreement (including, but not limited to, claims relating to advertising); (c) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (d) claims that may arise after the termination of this License.
17.1.2 If you intend to seek arbitration, you must first send to Cazamio, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Cazamio should be addressed to: Cazamio c/o Ephron-Mandel & Howard, LLP, 299 Broadway, Suite 1615, New York, NY 10007 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If Cazamio and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Cazamio may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Cazamio or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Cazamio is entitled. The Notice must be sent within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after one year from you knew or should have known of the controversy, claim, dispute or breach.
17.1.3 The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this License, and will be administered by the AAA. The AAA Rules and appropriate forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this License. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. The right to a hearing will be determined by the AAA Rules and, unless Cazamio and you agree otherwise, any arbitration hearings will take place in New York, New York and the hearing will be conducted in, and the award given in, English. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based
17.1.4 YOUAGREE THAT YOU MAY BRING A CLAIM AGAINST CAZAMIO ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING
17.1.5 YOU AGREE THAT, BY ENTERING INTO THE LICENSE, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY.
17.1.6 Further, unless you and Cazamio agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
17.1.7 Notwithstanding any provision in this License to the contrary, if Cazamio makes any future change to this arbitration provision (other than a change to the Notice Address) while this License is in effect, you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
17.1.8 There shall be one arbitrator agreed to by the parties within thirty (30) days of receipt by Cazamio of the Notice, or if the parties shall be unable to agree, one arbitrator shall be appointed by the AAA in accordance with the AAA Rules. If the amount in controversy in shall exceed $250,000.00, however, there shall be three arbitrators. One arbitrator shall be appointed by each party, and the third presiding arbitrator shall be appointed by agreement of the two party-appointed arbitrators within fourteen (14) days of the appointment of the second arbitrator or if the arbitrators shall be unable to agree, one arbitrator shall be appointed by the AAA in accordance with the AAA Rules
17.1.9 If you are a sovereign entity, you hereby waive any sovereign or other applicable immunity and consent to be bound by this arbitration agreement.
17.1.10 The arbitrator(s) shall be limited to compensatory damages in the remedies and relief that they may award. Punitive, special and consequential damages may not be awarded and the arbitrator(s) may not award interim relief. Either party may apply to any court with jurisdiction for interim or conservatory relief, including without limitation a proceeding to compel arbitration.
17.1.11 Each party shall pay its own proportionate share of arbitrator fees and expenses (plus the fees and expenses of the arbitrator it designated (if there are three arbitrators) and the arbitration fees and expenses of the AAA. However, the cost of the arbitration proceeding and any proceeding in court to confirm or to vacate any arbitration award, as applicable (including, without limitation, reasonable attorneys’ fees and costs), shall be borne by the unsuccessful party, as determined by the arbitrators, and shall be awarded as part of the arbitrator’s award. The arbitrator(s) shall be entitled to award the foregoing arbitration and administrative fees and expenses as damages in his/her discretion.
17.1.12 You agree that you may not disclose the existence, content, or results of any arbitration hereunder without Cazamio’s prior written consent.
17.1.13 The foregoing arbitration provision shall survive termination of this License.
The following provisions survive termination of this License:
18.1 Governing Law, Limitation on Actions. The License shall be deemed to take place in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. To the maximum extent permitted by applicable law, you and Cazamio agree that any cause of action arising out of or relating to the Cazamio Platform or your use of the Cazamio Platform must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
18.2 Contact Information.In the event that you have a question, complaint or claim regarding your use of the Cazamio Platform, please call contact Customer Service by visiting ____________________ or calling ___________________.
18.3 Severability. If any provision of this License is held to be invalid or unenforceable with respect to a party, the remainder of this License, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this License shall be valid and enforceable to the fullest extent permitted by law.
18.4 Waiver. Except as provided herein, the failure to exercise a right or require performance of an obligation under this License shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
18.5 Jurisdictional Issues, Export Control. This Cazamio Platform is intended for use within the United States of America. Cazamio makes no representation that this Cazamio Platform is appropriate or available for use in other locations. If you choose to access or use the Cazamio Platform from other locations, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Cazamio Platform from jurisdictions in which the Cazamio Platform, in whole or in part, is illegal or penalized is prohibited. You may not use or otherwise export or re-export the Cazamio Platform except as authorized by United States law and the laws of the jurisdiction(s) in which the Cazamio Platform was obtained. You represent and warrant that you are not (a) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) listed on any U.S. Government list of prohibited or restricted parties, including the Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. You also agree that you will not use the Cazamio Platform for any purposes prohibited by United States law
18.6 U.S. Government Restricted Rights. The Cazamio Platform was developed at private expense and is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraphs (a) through (d) of the Commercial Computer Software - Restricted Rights clause at Federal Acquisition Regulations (“FAR”) 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS and in similar clauses in the NASA FAR Supplement, and their successors, and all other Federal laws and regulations that protect Licensor rights in privately developed commercial software.
18.7 Performance or Benchmark Testing. You may not disclose the results of any benchmark test using the Cazamio Platform to any third party without Cazamio’s prior written approval.
18.8 Modification or Amendment. Cazamio may modify or amend these Terms of Service or the License at any time, with or without notice to you, by posting a copy of the modified or amended License or Terms of Service through the Cazamio Platform. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the Cazamio Platform following the date in which the modified or amended License or Terms of Service are made available through the Cazamio Platform.
18.9 Survival. Any provisions of this License or Terms of Service which by their express language or by their context are intended to survive the termination of this License shall survive such termination
18.10 Third Party Beneficiaries. Except as explicitly provided in this License, nothing contained in this License is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person.
18.11 Notice. Unless specified otherwise, any notices or other communications to Users permitted or required under the License, these Terms of Service or relating to the Cazamio Platform, will be in writing and given by Cazamio via email to the email provided by the User at the time of the creation of the User’s Account, Cazamio Platform notification or text message or SMS message to the phone number provided by the User. The date of receipt will be deemed the date on which Cazamio transmits the notice.
18.12 No Transfer by You. You may not rent, lease, lend, sublicense, assign or transfer the Cazamio Platform, this License or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect. These obligations survive termination of this License. Cazamio may assign this License without restriction.
18.13 Entire Agreement. This License and Terms of Service, including the documents incorporated herein by reference, constitute the entire agreement with respect to the use of the Cazamio Platform licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.