PadMapper Inc. ("PadMapper", "we" or "us") operates this website and any related smartphone or mobile application (collectively, the "Website") and the PadMapper online real estate marketplace offered through the Website (the "Services"). These terms of use are entered into by and between you and PadMapper. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the "Agreement"), govern your access to and use of the Website and the Services, whether as a guest or a registered user.
Please read this Agreement carefully before you start to use the Website. By using the Website or the Services, or by clicking to accept or agree to this Agreement when this option is made available to you, you agree to comply with and be bound by this Agreement, our Privacy Policy, incorporated herein by reference (the "Privacy Policy"), and such other policies and procedures as may be incorporated herein under Section 7 of this Agreement. If the individual clicking to accept or agree to this Agreement is doing so on behalf of an entity and registers such entity with this Website, then you (the individual) represent and warrant that you have authority to bind such entity and enter into this Agreement on its behalf, and all further references to "you" shall be to such entity. If you do not agree to this Agreement or the Privacy Policy, you must not access or use the Website or the Services.
The Website and the Services are offered and available to users who are 18 years of age or older. By using the Website or the Services, you, the user, represent and warrant that you are of legal age to form a binding contract with PadMapper and meet all of the eligibility requirements set forth herein. If you do not meet these requirements, you must not access or use the Website or the Services.
Each of PadMapper's service clients may be subject to one or more separate written agreements with PadMapper or with each other (each, a "Service Agreement"). This Agreement applies only to use of the Website and the Services and in no way affects the terms and conditions of any Service Agreement.
This version of this Agreement became effective on May 27, 2021 and amends, restates and replaces any version effective prior to such date. We reserve the right, in our sole our our sole discretion, to modify this Agreement, in whole or in part, at any time, with or without your consent. Notification of any amendment will be posted on the Website and will be effective immediately. You are under an obligation to review the current version of this Agreement and other PadMapper policies before using the Website or the Services. All amendments are effective immediately when we post them, and apply to all access to and use of the Website and the Services thereafter. Your use of the Website or the Services following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
To subscribe for certain Services and obtain access to password-protected areas of the Website, you must establish a PadMapper account by providing us with current, complete and accurate information as prompted by the online enrollment form and by selecting a password, the confidentiality of which shall be your responsibility. You may not use anyone else's PadMapper account in connection with your use of the Services, or permit anyone else to use the Services or to access password-protected areas of the Website using your PadMapper account. You agree to notify PadMapper immediately of any actual or suspected unauthorized use of your PadMapper account, or any other breach of security.
Certain Services may be subject to fees charged by PadMapper ("Fees") which will be identified at the point of purchase of such Services. Additional functionality and services may be offered or provided by us from time to time and these will be described on the Website. Services requiring Fees which have not been previously agreed upon will be notified to you, and your agreement to be responsible for any such additional Fees will be required, before any such additional Fees will be applied. We will charge your credit card for applicable authorized Fees and you understand that, once charged, such Fees are non-refundable. If PadMapper does not receive payment from the issuer of the credit card associated with your PadMapper account, you agree to pay all amounts due upon demand directly to PadMapper, and PadMapper further reserves the right to either suspend or terminate your PadMapper account and your access to the Services in such circumstances.
The Website and the Services provide only a neutral online venue which landlords, landlord representatives, brokers, property managers, sub-lessors (collectively, "Listing Parties") and potential renters can use to find and exchange information in connection with potential transactions involving real estate and, if they choose, to arrange transactions with one another. PadMapper does not counsel parties to real estate transactions, assess the qualifications of potential tenants, show properties, or negotiate rental or sales contracts. No brokerage relationship or any agency or fiduciary relationship is intended to be or shall be deemed to have been created between PadMapper and any user of the Website or Services. Additionally, real estate transactions are complicated and are governed by various laws, practices and customs. Users are advised to seek the help of a licensed real estate professional and/or a real estate attorney to help in the negotiation and completion of any real estate transaction.
You acknowledge that if you use the Services as a potential renter of a property listed on the Website, submitting an electronic rental application in relation to, a property listed on the Website, information that you submit through the Website (subject to the terms of the Privacy Policy) will be visible to Listing Parties associated with such property and used by them in assessing your qualifications as a tenant.
We have no control over the conduct of our users or the truth or accuracy of the information that users post on the Website. We do not endorse any persons who use or register for our Services, whether as renters or Listing Parties. We make no verification of information that any user submits to the Website. We make no representations about properties advertised on the Website, about the Listing Parties responsible for presenting such properties, about the accuracy of information provided by such Listing Parties, or about the financial capabilities of, or the accuracy of information provided by, prospective renters.
Although we may offer features through the Services (including through third-party service providers we engage) which are intended to assist Listing Parties and potential renters to assess the appropriateness of, and to negotiate and consummate transactions among themselves, PadMapper does not conduct any screening, background investigations or credit checks on any individual's character, creditworthiness or rental history, nor any investigations of the existence or actual state of any property listed. All aspects of transactions between users of the Website and Services, including the existence, quality, safety or legality of the properties advertised, the truth or accuracy of listings, the ability of Listing Parties to rent a property or the ability of renters to pay for rental properties are solely the responsibility of each user and therefore users of the Website and the Services should perform all appropriate due diligence, including visiting in person any listed property, before entering into a rental contract or any other transaction with respect to such property. We strongly discourage renters from sharing sensitive confidential information directly with purported Listing Parties, or wiring funds to such parties, based solely on electronic solicitations from such parties.
By using the Services, you agree that PadMapper, a landlord, a property manager or other similar individual or entity may contact you via email, text message, phone or autodialer for any purpose.
All software used on the Website is proprietary to us or to third parties, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or reduction of such software to human-readable form is prohibited.
The PadMapper name and logo, the PadLister name and logo, and all related names, logos, product and service names, designs and slogans are registered or unregistered trademarks of PadMapper or its affiliates or licensors, and may not be used in connection with any service or products other than those provided by PadMapper, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PadMapper. Any use of such marks, or any others displayed on the Website, will inure solely to the benefit of their respective owners.
The Website and Services are the property of PadMapper. Except as expressly provided below in the case of User Data (as defined below), all the data, information, text, images (including video), designs, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on or made available through the Website, and any of the foregoing sent to you by e-mail or other means (collectively, the "Site Content") are owned by PadMapper, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
PadMapper authorizes you to use the Services and access, view, use, download and print the Site Content subject to the following conditions:
Except as expressly permitted above, modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Services, the Site Content, or any portion of the Site Content, is strictly prohibited without the prior written permission of PadMapper. If you violate any of the foregoing conditions, your right to use the Services and the Site Content will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or the Site Content is transferred to you, and all rights not expressly granted are reserved by PadMapper. Any use of the Services or the Site Content not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws. You agree, and represent and warrant, that your use of the Services, the Website and the Site Content, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Services, the Website, the Site Content or your use of them, and you will be solely responsible for your own individual violations of any of them.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time:
You are solely responsible for all data that you upload or transmit with us through the Website or the Services (collectively, the "User Data"). Do not transmit User Data you do not have permission to send to PadMapper. You are responsible for creating backup copies of any User Data. By providing us with User Data you:
PadMapper is under no obligation to edit or control User Data that you transmit, and will not be in any way responsible or liable for User Data or your use of it. Subject to the rights granted to us in this Agreement, you own all of your User Data and any intellectual property rights associated with your User Data.
PadMapper reserves the right, in its sole discretion:
You acknowledge that PadMapper has no obligation to do any of these things.
Even after you remove information from your profile or delete your account, we may retain certain information to prevent identity theft and other misconduct even if deletion has been requested. Removed and deleted information may persist in backup copies indefinitely, but will not be available to others.
In connection with your use of the Website and Services, you agree that you shall comply with any written policies and procedures for the Website and Services set forth at https://www.padmapper.com/tos.
You shall:
The Website may contain links to third-party websites or applications and our Services may include third-party content that we do not control, maintain or endorse. You expressly acknowledge and agree that we are in no way responsible or liable for any such third-party websites or applications, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites or applications. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. PADMAPPER ENCOURAGES YOU TO REVIEW ALL POLICIES, RULES, TERMS AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF EACH AND ANY THIRD PARTY SITE OR APPLICATION THAT YOU VISIT OR USE. PADMAPPER DISCLAIMS ANY HARM THAT MAY RESULT FROM YOUR CHOICE TO USE ANY THIRD PARTY SERVICES, INCLUDING, BUT NOT LIMITED TO, THIRD PARTY SERVICES HOSTED ON THE SITE WHICH MAY ASK TO ACCESS, AND MAY RETAIN, YOUR PERSONAL INFORMATION. YOU AGREE THAT YOUR USE OF THIRD PARTY SERVICES IS AT YOUR OWN RISK.
In the event that you submit ideas or suggestions for the Website, Site Content or Services ("Services Comments"), the Services Comments will be deemed, and will remain, the sole property of PadMapper. None of the Services Comments will be subject to any obligation of confidence on the part of PadMapper, and PadMapper will not be liable for any use or disclosure of any Services Comments. Without limiting the foregoing, PadMapper will be entitled to unrestricted use and other exploitation of the Services Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Services Comments.
BY USING THE WEBSITE OR SERVICES, YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF OTHER USERS WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR USER OR USERS WHO CAUSED YOU HARM. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE WEBSITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY POTENTIAL OR CONSUMMATED TRANSACTION), AND IN CONSIDERATION OF OUR PROVISION OF THE SERVICES, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE PADMAPPER AND EACH OF ITS AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE WEBSITE OR SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: 'A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.'
YOU AGREE TO INDEMNIFY AND HOLD PADMAPPER (AND EACH OF OUR OFFICERS, DIRECTORS, AND EMPLOYEES) HARMLESS FROM ANY THIRD-PARTY CLAIM, DEMAND, ACTION, DAMAGE, LOSS, COST OR EXPENSE, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES OR ALLEGING FACTS OR CIRCUMSTANCES THAT, IF TRUE, COULD CONSTITUTE YOUR BREACH OF ANY OF THESE TERMS. WE WILL CONTROL ANY SUCH DEFENSE AND RELATED SETTLEMENT AND YOU AGREE TO REASONABLY ASSIST US THEREWITH AT YOUR EXPENSE.
The Website and Services are operated by PadMapper from the United States, and PadMapper does not represent or warrant that use of the Website or Services is lawful in other jurisdictions. All matters arising from or relating to this Agreement, the Website or to the use and operation of the Services shall be governed by the substantive laws of the State of California, without regard to its conflicts of laws principles. Without derogation of the obligation to arbitrate set forth in Section 14 below, you and we agree to submit to the personal jurisdiction of the state and federal courts located in San Francisco, California. The Uniform Computer Information Transactions Act shall not apply to this Agreement. If you gain access to the Services from locations outside the United States, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Services or Site Content in violation of U.S. export laws or regulations.
All disputes arising out of or relating to this Agreement, the Website or the Services shall be resolved exclusively by binding arbitration before a single arbitrator (the "Arbitrator") in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the "AAA") then in effect (for information on the AAA and its rules, see www.adr.org.) and the further procedures set forth herein, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. The arbitration shall be conducted in San Francisco, California, unless the Arbitrator shall determine that that venue is not reasonably convenient to all parties, in which case the Arbitrator shall determine another venue that is. In the event that the AAA is unavailable or unwilling to administer the arbitration, and the parties are unable to agree to a substitute, a substitute shall be appointed by the court. The Arbitrator shall have authority to issue any and all remedies authorized by law. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 2 et seq. Notwithstanding any rules of the AAA to the contrary, any claims shall be adjudicated on an individual basis only, and YOU WAIVE ANY RIGHT TO BRING ANY CLAIM AS A REPRESENTATIVE OF A PROPOSED CLASS, ON AN AGGREGATED OR MASS BASIS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO CONSOLIDATE ARBITRATION PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES THERETO. Any award rendered by the Arbitrator shall be final, conclusive and binding upon the parties hereto. In connection with any arbitration proceeding pursuant to this Agreement, unless the Arbitrator shall determine otherwise, each party shall bear its own costs and expenses. Notwithstanding the foregoing, you may at your option file an individual claim in any small claims court for disputes or claims within the scope of its subject matter jurisdiction if such court has personal jurisdiction. PadMapper does not hereby waive any defense that such jurisdiction may be lacking in your state. Without derogation of the parties' obligation to arbitrate as set forth herein, for any claims other than those in small claims court, jurisdiction for any court proceedings arising out of or relating to this Agreement, the Website or the Services shall be vested exclusively in, and venue shall be laid in, the state or federal courts sitting San Francisco, California except that, following confirmation of an arbitration award in a state or federal court in San Francisco, California, a judgment arising therefrom may be executed in any court of competent jurisdiction.
No delay or omission by PadMapper in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by PadMapper of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, "including" means "including but not limited to" If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and PadMapper regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You shall not assign or transfer this Agreement or any right or obligation hereunder to any third party. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a "signing" for all purposes.
PadMapper complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material posted on the Website you may contact our Designated Agent at the following address:
PadMapper, Inc. c/o DMCA Agent, 555 Montgomery Street #1300, San Francisco CA 94111, Email: [email protected].
Any notice alleging that materials hosted by or distributed through the Website infringe intellectual property rights must include the following information:
Counter Notices
If material that you have posted to the Website has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following: