AGB
Inhaltsverzeichnis
Geltungsbereich
Vertragsschluss
Widerrufsrecht
Preise und Zahlungsbedingungen
Liefer- und Versandbedingungen
Vertragsdauer und Vertragsbeendigung bei Abonnementverträgen für Waren
Eigentumsvorbehalt
Mängelhaftung (Gewährleistung)
Haftung
Einlösung von Aktionsgutscheinen
Einlösung von Geschenkgutscheinen
Anwendbares Recht
Gerichtsstand
Alternative Streitbeilegung
Definitions
FIND Real Estate LLC, together with its affiliates, subsidiaries, parents, successors, assigns, and any entities operating under its trade names or doing business as FIND Group, FIND Properties, or FIND Advisors (collectively, “FIND Real Estate Affiliates”), shall be deemed collectively referred to as “FIND Real Estate” for purposes of this Agreement. Any rights, obligations, or representations made by or on behalf of FIND Real Estate shall apply equally to all such affiliated or related entities.
1.1 Applicability
These Terms of Service apply to all users of the Services, including, without limitation, users who seek rental or sales listings or seek to have rental or sales listings posted, and users who are contributors of comments, reviews, photos, video, content, information, and other materials or services, registered or otherwise.
1.2 Eligibility
Eligibility Requirements. You represent and warrant that you are at least eighteen (18) years of age and that you have the right, authority, and capacity to enter into, perform your obligations under, and abide by these Terms of Service. If you are under the age of 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules, and regulations applicable to you. The right to access the Services is revoked where use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule, or regulation. Further, unless otherwise mutually agreed in writing, the Services are offered only for your use and not for the use or benefit of any third party; and in any event, each person receiving the benefit of the Services must agree to and abide by these Terms of Service as a condition to our obligations.
Non-U.S. Users. The Services are controlled and offered by us from our facilities in the United States of America. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law. By providing information in connection with the Services, you consent to the transfer of your information to, and storage of your information in, the United States, the laws of which may not be as stringent as the laws of the country in which you reside.
1.3 What We Do
Our Services. In addition to the services we offer in person, the Services include online platforms on which people or entities that wish (and have the right) to rent, lease, or sublet their properties (“Landlords”) or sell their properties (“Sellers”) may propose to us property listings (“Listings”), and people who wish to rent, lease, or sublease (“Renters”) or buy (“Buyers”) such properties may search for, obtain information regarding, and potentially complete transactions with respect to, such properties. We do not own, operate, or have any control over the properties or Listings. Please Be Smart. You understand and agree that we are not a party to any agreement you enter into with any other user, whether or not that agreement is provided through the Services, and you acknowledge that you are solely responsible for your interactions, correspondence, and transactions with other users of the Services, whether on the Site, the Applications, in person, or otherwise. Please exercise good judgment and common sense; conduct all necessary, appropriate, and prudent inquiries, investigations, research, and due diligence; and take all necessary precautions when interacting with others or publicly posting Content. For purposes of these Terms of Service, the term “Content” includes, without limitation, Listings, information, data, text, inquiries, photographs, videos, virtual tours, audio clips, written posts, reviews, feedback, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services, as well as, all User Content (as defined in Section 8 below).
Advertising. Some Services may be supported by advertising revenue, and you hereby agree that we may display advertising, promotions, sponsored Listings, and the like in connection with the Services on, around, and in connection with your User Content. Registration
Account. To utilize certain Services, you will be required to register for an account (an “Account”). You must provide accurate and complete information and keep your Account information updated. You shall not select or use as a username a name (i) of another person with the intent to impersonate that person; (ii) subject to any rights of a person other than you without appropriate authorization; or (iii) that is otherwise offensive, vulgar, or obscene. You are solely responsible for the activity that occurs on your Account and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services, any breach of security, or any unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account either directly or through a request made to us.
License Grant
License. Subject to these Terms of Service, we grant each user of the Services a non-exclusive, non-sublicensable, and non-transferable license to access and use the Services and access, download, and display locally, all Content therein for your personal, non-commercial purposes. Any reproduction, modification, distribution, storage, or other use of the Services, or any Content therein for any other purpose, is expressly prohibited without prior written permission from us. You shall not sell, license, rent, share, publish, or otherwise use or exploit any Content outside the Services for commercial use, in connection with the provision of services to a third party, or in any way that violates any third party right. Without limiting the foregoing, no real estate broker, salesperson, agent, or similar state licensed real estate professional may market or make commercial use of the Content in any way, including, without limitation, advertising our property listings, copying our Content for commercial use, or contacting our customers or the owners or sellers of any properties listed on the Services.
Availability of Content. We do not guarantee that any Content will be made available through the Services. We reserve the right, but not the obligation, to (i) remove, edit, or modify any Content in our sole discretion, at any time, without notice to you, and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all, and (ii) remove or block any Content from the Services.
2.1 Rules of Conduct
No Prohibited Use. As a condition of use, you shall not use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services.
Don’t Abuse the Service. You shall not (i) manipulate the price or description of any Listing without proper authorization; (ii) interfere with other users’ Listings; (iii) recruit, solicit, or encourage any other user to use third party services or websites that are competitive to ours; (iv) use the Services to find a Listing, Landlord, Buyer, Seller, or Renter and then complete a transaction independent of the Services in order to circumvent the obligation to pay any fees related to our provision of the Services; (v) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (vi) interfere or attempt to interfere with the proper working of the Services or any activities conducted in connection with the Services; (vii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (viii) run any form of auto-responder or “spam” on the Services; (ix) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (x) harvest or scrape any Content from the Services; (xi) take any action in violation of our guidelines and policies; (xii) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including, without limitation, any Application), except to the limited extent that applicable laws specifically prohibit such restriction; (xiii) modify, translate, or otherwise create derivative works of any part of the Services; or (xiv) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
Our Additional Rights. We also reserve the right, without any obligation, to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Service, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; (v) fulfill your requests for services; or (vi) protect the rights, property or safety of us, our users, and the public. You acknowledge and agree that we may, but have no obligation to, conduct background checks, reference checks, and credit checks on any users of the Services.
Equal Housing Opportunity. We are pledged to the letter and spirit of United States policy for the achievement of equal housing opportunity. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin. We endeavor to treat all parties fairly and honestly and to support equal housing opportunities. We encourage our users to do so as well.
2.2 User Content
User Content. All Listing, rental, or sales information, and other content added, created, uploaded, submitted, distributed, or posted in connection with the Services or otherwise provided by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to- date, and in compliance with all applicable laws, rules, and regulations.
The following standards apply to any and all User Content. You must ensure that all User Content posted by you complies with all applicable laws and regulations. Without limiting the foregoing, you must not post User Content that:
infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity or violates any law or contractual duty;
you know is false, misleading, untruthful, or inaccurate; is unlawful, threatening, discriminatory, hateful, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, or profane; contains or depicts nudity or sexual activity; promotes bigotry, racism, hatred, or harm against any individual or group; or is otherwise inappropriate as determined by us in our sole discretion;
constitutes unauthorized or unsolicited advertising, junk, or bulk e-mail (“spamming”);
contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party;
impersonates, bullies, stalks, or intimidates any person or entity, including any of our employees or representatives, or falsifies or misrepresents yourself or your personal information; or
includes any confidential information, violates the rights (including, without limitation, the rights of publicity and privacy and rights under a contract) of others, or otherwise contains any material that could give rise to any civil or criminal liability under applicable laws or regulations, or that otherwise may be in conflict with these Terms of Service.
License Grant. By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non- exclusive, perpetual, royalty-free, fully paid, sublicensable, and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Services and our (and our successors’ and assigns’) businesses, including, without limitation, for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. You also hereby do and shall grant each user of the Services a non-exclusive, perpetual license to access your User Content through the Services. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including, without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Intellectual Property Rights. You acknowledge and agree that the Services and the Content, including User Content provided by others, features, and functionality (including, without limitation, all content, information, data, items, materials, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by us, our licensors, or other providers of such material and are protected by United States and international intellectual property or proprietary rights laws. Our Site features Google Maps; please review Google’s privacy policy, legal notices, and terms of use.
No right, title, or interest in or to the Services or any Content provided in connection with the Services is transferred or otherwise granted to you under these Terms of Service. All right, title, or interest in or to the Services and the Content provided in connection with the Services (other than user contributions posted by you) are reserved by us. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, or other laws.
The names, logos, product and service names, designs, slogans, and other trademarks associated with the Services are ours and those of our licensors. You must not use any of the foregoing without our prior written permission. All other names, logos, product and service names, designs, slogans, and other trademarks used in connection with the Services are the trademarks of their respective owners.
2.3 Third Party Services
The Site and Applications may permit you to link to other websites, services, or resources on the Internet, and other websites, services, or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resource.
Certain features of the Services include third-party tools that are subject to additional terms, including but not limited to YouTube API Services. By using the Services, you agree to be bound by the YouTube Terms of Service.
Payment Processing
We do not store credit card information nor will we directly process or receive any credit card payments in connection with purchases made through the Site. Information entered on any checkout page will be directly transmitted to and processed by Stripe, Inc., PayPal, or Quickbooks, third-party payment processors. The processing of your payment will be subject to the terms, conditions and privacy policies of Stripe, Inc. We do not control, and cannot be held liable for, the security or performance of such payment processor and hereby expressly disclaim any and all liability with respect to the credit card processing to be performed by Stripe, Inc, PayPal, or Quickbooks.
In all instances, you will be responsible for payment of any and all fees and taxes which may be owed to any third party vendor by you through the use of the Services. We expressly disclaim any responsibility for changes related to pricing from any third-party vendor. In some states, we may collect any applicable sales tax amount from you and pay this to the relevant tax authority as required by law.
3.1 Termination
No Fiduciary Duty. Unless we have signed a state-mandated written agreement with you that states otherwise, we have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:
which users gain access to the Services;
which users gain access to the Services;
how you may interpret or use the Content.
No Responsibility. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and that you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not assume any responsibility or liability or make any warranties or guarantees that any Content you access on or through the Services is or will continue to be accurate, safe, or legal. All Content and information is subject to errors, omissions, changes in price, prior sale or rental, or withdrawal without notice. No representation, warranty, covenant, or guarantee is made as to the accuracy of any description. All measurements and square footages are approximate and may not be relied upon by you. All information should be confirmed by you.
DISCLAIMER. THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
Indemnification. You shall defend, indemnify, and hold harmless us, our affiliates, and each of our and their respective employees, contractors, directors, suppliers, licensors, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Services, Listings, Content, or otherwise from your User Content; (ii) violation of these Terms of Service; (iii) breach of any contract, or other agreement you enter into; (iv) personal injury, property damage, or other claims or damages relating to property defects, conditions, legality, or suitability; (v) your interactions or transactions with any other user; (vi) infringement by you, or any third party using your Account or identity in connection with the Services, of any intellectual property or other right of any person or entity; or (vii) any payments due and payable by you to any third party vendor in connection with the Services. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
Export Control. By using the Services, you represent and warrant that (i) neither you nor any Listing proposed by you, if any, is located in a 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, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of missiles or nuclear, chemical, or biological weapons. You may not use, export, re-export, import, or transfer the Services except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries; (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List; or (c) into any country or to any person or entity on any similar lists maintained in any applicable jurisdiction.