Effective date: 01/22/2020
Please read these Terms of Service (this "Agreement") carefully. Your use or access of the Site (as defined below) constitutes your consent to this Agreement.
By clicking or tapping any button or shadow marked "accept," "agree" or "OK" (or a similar term) in connection with this Agreement, or by accessing or using the Site, you agree to be bound by this Agreement and affirm that you are of legal age to enter into this Agreement where you live and have the legal capacity to enter into this Agreement.
If you are an individual accessing or using the Site on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an "Organization"), then you are agreeing to this Agreement on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to this Agreement. References to "you" and "your" in this Agreement will refer to both the individual using the Site and to any such Organization.
This Agreement contains a mandatory arbitration provision (unless you opt-out as set forth in section 19 below) that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or any other court proceedings, or class actions or class arbitrations of any kind.
We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.
Your clicking or tapping any button or shadow marked "Accept," "Agree" or "OK" (or a similar term) in connection with this Agreement, or your access or use of the Site, in each case following any changes to this Agreement will constitute your acceptance of such changes. The "Last Updated" legend above indicates when this Agreement was last changed. We may, at any time and without liability or prior notice, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users. We reserve the right to introduce new features or functionality for which the payment of fees may be required.
The Site is controlled or operated (or both) from the United States, and is not intended to subject Company to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site's availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
In connection with the Site, you must not:
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed for you to use the Site (including any applicable device data transmission charges).
The Site may make available information, data, materials, services, functionality or other resources (collectively, "Resources"), as well as references and links to such Resources. Resources may be made available by Company or by third parties, and may be made available for any purpose, including for general information purposes. We make no representations as to the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of any or all of the Resources and the Site, or any intellectual property rights therein. Resources are subject to change at any time without notice. To the fullest extent permitted under applicable law, we disclaim all liability and responsibility arising from any reliance placed on any Resources by you or any other user of the Site, or by anyone who may be informed of the of any Resources. We neither control nor endorse, nor have any obligation to monitor Resources made available by third parties ("Third Party Resources"), and we may block or disable access to any Third Party Resources (in whole or part) through the Site at any time. Certain Third Party Resources may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement will be deemed to be a representation or warranty by Company with respect to any Third Party Resources. In addition, the availability of any Third Party Resources through the Site does not imply our endorsement of, or our affiliation with, any provider of such Third Party Resources, nor does such availability create any legal relationship between you and any such provider.
Your use of Third Party Resources is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Resources (such as terms of service or privacy policies of the providers of such Third Party Resources).
The Company does not charge recurring service fees or subscriptions.
The Company charges a one time payment for dispute history on a per building basis. This only applies to buildings governed by the municipality of San Francisco. Payment for services outside of San Francisco will not be honored.
Any product, or service, offered by the Company in exchange for a fee will end after 1 year of payment, unless otherwise specified.
Some buildings may not have had disputes or disputes cannot be discovered. The Company puts resources at work to uncover this information. Refunds are not allowed under any circumstance.
Payment for dispute history is provided by Stripe, a specialized and secure online payment solution. These services are under the terms of Stripe Services Agreement.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. The Company does not accept any liability for such loss.
Certain Site functionality may provide you with the ability to make available certain Resources through or in connection with the Site (each such Resource, "Your Submission"). If you choose to make any of your personally identifiable or other information publicly available through the Site, you do so at your own risk. You retain ownership of Your Submissions, but you grant to us an unrestricted and fully paid up license (with right to sublicense) to use and otherwise exploit Your Submissions, in any format or media now known or later developed, in connection with our business activities related to the Site (including promotional purposes, such as testimonials).
In addition, if you provide to us any ideas, proposals, suggestions or other materials ("Feedback"), whether related to the Site or otherwise, such Feedback will be deemed Your Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Company under any fiduciary or other obligation.
You represent and warrant that (a) you have all rights necessary to grant the licenses granted in this section; (b) Your Submissions are complete and accurate; and (c) Your Submissions and your provision thereof to us (whether through and in connection with the Site or otherwise) are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party (including any intellectual property, publicity or privacy rights). You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding Your Submissions that you may have under any applicable law under any legal theory.
We may (but have no obligation to) monitor, moderate and/or analyze your use of the Site, and monitor, moderate, analyze, alter and/or remove Resources before or after they appear on the Site. We may disclose information regarding your access to and use of the Site, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
Subject to your compliance with this Agreement, and solely for so long as you are permitted by Company to use the Site, you may view and use any portion of the Site to which we provide you access under this Agreement, solely in accordance with the functionality that we make available to you, solely for your personal, non-commercial use.
Company's Proprietary Rights. As between you and us, we and our licensors own the Site, which is protected by proprietary rights and laws. All trade names, trademarks, service marks, logos and copyrightable works available through the Site are the property of their respective owners and nothing contained on the Site should be construed as granting any right to use any trade names, trademarks, service marks, logos or copyrightable works without the express prior written consent of the owner. Our trade names, trademarks and service marks include "PADFEVER" and any associated logos. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion.
To the fullest extent permitted under applicable law: (a) the Site, Resources (including any Third Party Resources) and Transaction Information are made available to you on an "As Is," "Where Is" and "Where Available" basis, without any warranties and conditions of any kind, whether express, implied or statutory; and (b) Company disclaims all warranties and conditions with respect to the Site, any Resources (including any Third Party Resources) and Transaction Information, including the warranties of merchantability, fitness for a particular purpose, non-infringement and title. All disclaimers of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both Company and its affiliates and their respective owners, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers, and their respective successors and assigns (collectively, the "Company Parties").
We do not guarantee that the Site is or will remain updated, complete, correct or secure, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. Accordingly, you should verify all information on the Site before relying on it, and all decisions (including Transactions) based on information contained on the Site are your sole responsibility and we will have no liability for such decisions. If you become aware of any inaccuracies or unauthorized alterations to the Site, contact us at email@example.com with a description of such inaccuracy or alteration and its location on the Site.
We will not be liable for: (x) any inaccuracy, error, delay in or omission of (1) any information, including Transaction Information or (2) the transmission or delivery of information, including Transaction Information, and (y) any loss or damage arising from any event beyond our reasonable control, including but not limited to: flood, extraordinary weather conditions, earthquake, other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure or equipment or software malfunction.
To the fullest extent permitted under applicable law: (a) no Company Party will be liable for any direct, indirect, incidental, consequential, special, exemplary or punitive damages of any kind arising out of or in connection with the Site or this Agreement, under any contract, tort (including negligence), strict liability or other theory, including damages for diminution of value, loss of profits, loss of revenue, loss of business, work stoppage, loss of use or data, loss of goodwill, loss of other intangibles, loss of security of Your Submissions (including unauthorized interception by third parties of any of Your Submissions), computer failure or malfunction, or other loss (collectively, "losses"), even if advised in advance of the possibility of such losses; (b) without limiting the foregoing, no Company Party will be liable for damages of any kind resulting from your use of or inability to use the Site or from any Resources (including any Third Party Resources), including from any Virus that may be transmitted in connection therewith; (c) your sole and exclusive remedy for dissatisfaction with the Site or any Resources (including any Third Party Resources) is to stop using the Site; and (d) the maximum aggregate liability of all Company Parties, collectively, for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, will be equal to the lesser of (i) the total amount, if any, paid by you in Fees to Company under this Agreement during the six (6)-month period immediately prior to the date of the event giving rise to the last cause of action to arise hereunder; and (ii) 50 U.S. dollars ($50). All limitations of liability of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both Company and the each of the other Company Parties.
You hereby release the Company Parties from liability for any and all losses arising out of or in connection with the Site or this Agreement. Further, if you have a dispute with one or more third parties in connection with a Transaction, you hereby release the Company Parties from liability for any and all losses in connection with such disputes.
Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights. For the avoidance of doubt, if you are a resident of the State of New Jersey, the immediately preceding sentence does not apply to you.
To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless each Company Party from and against all claims, liabilities, losses, costs, expenses and fees (including attorneys' fees and expenses) arising out of or relating to (a) your use of, or activities in connection with, the Site (including Your Submissions); or (b) any breach or alleged breach of any of the provisions of this Agreement by you.
This Agreement is effective until terminated. Company may terminate this Agreement or suspend your right to use the Site at any time and without prior notice, for any or no reason, including if Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or have engaged in any Prohibited Activity. Upon any such termination or suspension, your right to use the Site will immediately cease, and Company may, without liability to you or any third party, immediately deactivate or delete Your Submissions and all associated materials, without any obligation to provide any further access to such materials. The preamble and Sections 2, 3, 5, 8-9 and 11-23 will survive any termination of this Agreement.
This Agreement, your use of (including any access to) the Site and all related matters are governed solely by, and construed solely in accordance with, the laws of the United States (including federal arbitration law) and the State of California, U.S.A., without regard to its principles of conflicts of law that would cause the application of the laws of any other jurisdiction, and regardless of your location. Except for disputes that qualify for small claims court, or to the extent this provision is expressly prohibited by law, all disputes arising out of or related to this Agreement, your use of (including any access to) the Site (including all Transactions) and all related matters, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that Company and you are each waiving the right to trial by a jury to the maximum extent permitted by applicable law. You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class arbitration or class action. If you do not want to be bound by this arbitration provision, you may opt out. In order to opt out of this arbitration provision, you must notify us by email writing that you do not want to resolve disputes with us by arbitration, and such notice should be delivered by email to firstname.lastname@example.org, within 30 days of the earlier of (a) the date you first access or use the Site; (b) the date you click or tap any button or shadow marked "accept," "agree" or "ok" (or a similar term) in connection with this Agreement; and (c) the date you download the mobile application.
We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that Company does not endorse any of the products or services listed on such site.
If you have a question or complaint regarding the Site, please send an e-mail to email@example.com. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.
At all times during the utilization of this service, you shall have in effect all licenses, permits and authorizations that are legally necessary or commercially advisable to utilize this service. You shall at all times abide by all local, regional, and international laws, and rules and regulations applicable to its activities including, but not limited to (1) the United States Foreign Corrupt Trade Practices Act of 1977, as amended, (2) U.S. Export Administration Regulations, (3) International Traffic in Arms Regulation, (4) USA Patriot Act, as amended, (5) U.S. Treasury regulations, (5) anti-dumping laws, and (6) all other U.S. and other countries' laws and regulations relating to international trade and investment activities. If you are provided notice, correspondence, subpoena, or other contact that a governmental investigation has been initiated related to your utilization of this service, you shall immediately notify the Company in writing of the investigation or inquiry. You agree to assist the Company in responding to or defending against any governmental inquiry into your compliance with the applicable laws.
You warrant and represent to Padfever, Inc. that neither you nor any of your officers, directors, employees, agents, or other representatives has performed or will perform any of the following acts in connection with this Agreement or utilization of the service, any compensation paid or to be paid hereunder, any payment made or to be made hereunder, or any other transactions involving the business interests of the Company: offer or promise to pay, or authorize the payment of, any money, or give or promise to give, or authorize the giving of, any services or anything else of value, either directly or through a third party, to any official or employee of a public international organization or of any government, or of any agencies or subdivisions thereof, or of any public international organizations or governmental instrumentalities, or to any political party or official thereof or to any candidate for political office for the purpose of (i) influencing any act or decision of that person in his official capacity, including a decision to fail to perform his official functions with such government or instrumentalities, (ii) inducing such person to use his influence with such government or instrumentalities to affect or influence any act or decision thereof or (iii) securing any improper advantage.
You possess and/or agree to obtain all licenses, governmental approvals and permits necessary to utilize the service. You further agree to obtain, at your own expense, any necessary export licenses or other governmental authorizations, and carry out all formalities necessary to utilize the platform.
This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company. If any provision or portion thereof of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision or portion thereof will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without consent or other restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term "including" or variations thereof in this Agreement will be construed as if followed by the phrase "without limitation." This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Company relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Site or by any other reasonable means. Without limitation, a printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.