WEBSITE TERMS OF SERVICE
Updated on September 13, 2017
Welcome to the Short-Term Rental Watch website located at strwatch.com (the “Site”). The Site is owned and operated by Healthy Neighborhoods Network, Inc. (“Company”, “we”, “us”, and “our”). The terms “you”, “your”, or “yourself” refer to anyone accessing or using the Site. These website Terms of Service (“Terms”) set forth the legally binding terms and conditions that govern your use of the Site.
PLEASE REVIEW THESE TERMS CAREFULLY. In the event of a dispute, these Terms limit your remedies and require arbitration on an individual basis without jury trials or class actions. By accessing or using the Site, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms. If you do not agree with all of the provisions of these Terms, do not access or use the Site.
- Site Use.
- Permission to Use the Site. Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to access and use the Site solely for your own personal, noncommercial use. Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that: (a) Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof; (b) Company will have no obligation to provide you with any support or maintenance services in connection with the Site; and (c) Company has no obligation to monitor any information, content or other materials you may view or access on or through the Site (“Content”), including text, comments, communications, User Content (defined below), data, images, graphics, advertisements, photos, sounds, music, videos, audiovisual combinations, interactive features, software, scripts and Links (defined below).
- To access and use this Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms.
- User Accounts. In order to use certain features of the Site, you must register for an account (“Account”), and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all Account registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may terminate your Account at any time for any reason by following the instructions on the Site. Company may suspend or terminate your Account at any time, for any or no reason, with or without prior notice or explanation, and without liability of any kind.
- Account Responsibilities.You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security related to your Account. Company will not be liable for any loss or damage arising from your failure to comply with the above requirements.
- Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any of its Content; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site (including Content) may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
- Excluding User Content (defined below) that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its Content are owned by Company or Company’s suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth herein. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
- Feedback and Suggestions. If you provide Company with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
- User Content and Restrictions.
- “User Content” means any and all information and content that a user posts or uploads to, or uses with, the Site, such as text, comments, pictures or video clips. You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate these Terms, including the restrictions on prohibited User Content below. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates these Terms. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
- Prohibited User Content and Activities. You agree not to post, submit or distribute any User Content that: (a) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (b) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (c) is harmful to minors in any way; or (d) violates any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to do any of the following in connection with the Site: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) harvest, collect, gather or assemble information or data regarding other users, including e-mail or physical addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vii) use software or automated agents or scripts to scrape or mine data from the Site, or produce multiple Accounts, or to generate automated searches, requests, or queries (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
- Our Right to Use Your User Content. We may use your User Content in a variety of ways, including displaying it on the Site and other websites and media outlets, using it in advertising, creating derivative works from it, and allowing others to do the same. You hereby grant to Company a worldwide, non-exclusive, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content for any purpose and in any media or manner. You hereby irrevocably waive, and agree to cause to be waived, any claims and assertions of moral rights or attribution with respect to your User Content.
- We reserve the right, but have no obligation, to review any User Content, and to investigate and take appropriate action against you in our sole discretion if you violate the restrictions set forth below or any other provision of these Terms, or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account, and reporting you to law enforcement authorities.
- You agree to indemnify and hold Company (including its officers, directors, shareholders, employees, and agents) harmless from any and all liabilities, claims, demands, actions, suits, losses, obligations, judgments, proceedings, damages, expenses and costs (including reasonable attorneys’ fees) arising from or related to (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws, rules or regulations, or (d) your User Content. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- Third Party Content.
- Ads and Links. The Site may include advertisements and links to other websites, products, services and content provided by third parties or other users of the Site (“Links”). You access Links at your own risk, and should apply a suitable level of caution and discretion in doing so. Company is not responsible for, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to, any Links, including any websites, products, services, content or information related thereto. When you click on a Link, you are interacting with a third party, not with us, and the applicable third party’s terms and policies apply, including its privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before providing information or proceeding with any transaction related to a Link.
- Other Users. Each Site user is solely responsible for its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Site users are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any other Site user, we are under no obligation to become involved.
- THE SITE IS PROVIDED ON AN “AS-IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, IN CONNECTION WITH THE SITE AND ITS CONTENT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY OF DATA. IN PARTICULAR, COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE VALIDITY, LEGALITY OR ACCURACY OF ANY CONTENT OR INFORMATION AVAILABLE ON THE SITE. COMPANY DOES NOT REPRESENT THAT (1) THE SITE CONTENT WILL BE ACCURATE, RELIABLE, TIMELY OR USEFUL, OR WILL BE MONITORED OR VETTED, (2) ANY MISSTATEMENTS, ERRORS OR DEFECTS RELATED TO THE SITE OR ITS CONTENT WILL BE CORRECTED, (3) THE SITE WILL OPERATE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (4) YOU WILL RECEIVE ANY SPECIFIC RESULTS FROM USING THE SITE, OR (5) THE SITE IS FREE OF COMPUTER BUGS, VIRUSES OR OTHER HARMFUL CONTENT OR MATERIALS.
- LIMITATION OF LIABILITY.
- YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSSES THAT ARISE FROM YOUR USE OF THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY (INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, BUSINESS OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SITE. IN PARTICULAR, YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, HARMFUL OR ILLEGAL CONTENT OR CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- TO THE FULLEST EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE SITE OR THESE TERMS SHALL BE LIMITED TO ONE HUNDRED US DOLLARS (U.S. $100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.
- THE LIMITATION OF LIABILITY IN THESE TERMS FORM PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY, AND SHALL APPLY TO ALL CAUSES AND CLAIMS OF LIABILITY REGARDLESS OF THE FORM OF ACTION (E.G. NEGLIGENCE, WARRANTY, TORT, BREACH OF CONTRACT), EVEN IF COMPANY HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH CLAIMS AND THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
- ARBITRATION AND CLASS ACTION WAIVER
- Agreement to Pre-Dispute Notification. These Terms provide for final, binding arbitration of all disputed claims. Company and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before proceedings are initiated. In the event of a dispute, you shall send a notice to Company briefly summarizing the claim and the request for relief to the following: 4629 Cass Street #300, San Diego, California 92109. If the dispute is not resolved within 60 days after notice is sent, you may proceed to initiate arbitration proceedings or any other proceedings authorized herein.
- Arbitration Agreement. Except to the limited extent noted below, any controversy, claim or dispute arising out of or relating to these Terms or your use of the Site shall be resolved by final and binding arbitration conducted by a single neutral arbitrator in San Diego County, California. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its rules and procedures, including the supplementary Consumer Arbitration Rules, as applicable (“Rules”). In the event of any conflict between the Rules and these Terms, these Terms shall govern. The parties will submit their arguments and evidence to the arbitrator in writing, and the arbitrator will make an award based only on those documents (i.e., a “Desk Arbitration”); provided, however, if a party makes a written request for a hearing within 10 days after the AAA acknowledges receipt of a claimant’s demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in a hearing by telephone. In no event shall any party be required to travel to San Diego County in order to participate in the arbitration. Payment of filing, administration, and arbitrator fees will be governed by the Rules.
- This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim. The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and enforcement in any court of competent jurisdiction.
- The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this arbitration agreement. In the event any litigation should arise between you and Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
- WAIVER OF CLASS OR CONSOLIDATED ACTIONS. EITHER OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR OTHER PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY SUCH PARTY’S INDIVIDUAL CLAIMS. ANY RELIEF AWARDED CANNOT AFFECT OTHER SITE USERS.
- All aspects of the arbitration proceeding, including the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce these Terms, to enforce an arbitration award, or to seek injunctive or equitable relief.
- Opting Out; Forum Selection. You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms by doing the following: Within thirty (30) days of accepting these Terms, you must send a signed notice to Company at 4629 Cass Street #300, San Diego, California 92109 that specifies (1) your name, (2) your mailing address and email address, and (3) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms. All other terms shall continue to apply, including the requirement to pre-dispute notification. Your notice must be received by the applicable 30-day deadline to be effective. Any non-arbitrated claims or disputes arising from or related to these Terms or your use of the Site will be resolved exclusively in the courts located in San Diego County, State of California, and each party agrees to submit to the personal jurisdiction and venue in that forum for any and all purposes.
- Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason in our sole discretion, including for any violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our database. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, any provisions which by their express terms or their nature are intended to survive termination of these Terms shall remain in effect, including Sections 1.6, 1.7, 2.3, 2.4, and 3 through 11.
- Copyright Policy. We respect the intellectual property of others and ask that Site users do the same. We have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is using the Site to unlawfully infringe another’s copyright(s), and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent at 4629 Cass Street #300 San Diego, California 92109 Email: GeneralCounsel@healthynn.org:
- your physical or electronic signature;
- identification of the copyrighted work that you claim to have been infringed;
- identification of the material on our Site that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
- Modification of Terms. We reserve the right to modify these Terms at any time, and such changes will take effect thirty (30) days following provision of notice to you (or immediately in the case of new users of the Site). Your continued use of the Site following notice of modification shall indicate your agreement to be bound by such revised Terms. In the event you don’t agree with any proposed modifications, please discontinue using the Site immediately.
- These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the remainder of these Terms shall continue in full force and effect to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
- Copyright and Trademark Information. Copyright © 2016 Healthy Neighborhoods Network, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
- Contact Information: 4629 Cass Street #300 San Diego, California 92109