Terms of Service
Last Revised: November 2, 2023
Housetable Operations, LLC and Housetable, Inc. ("Housetable", "we", "us", "our") provide services (described below) to you through the website located at www.housetable.com
(the "Site") and related services (collectively, such services, including any new features and applications, and the Site, the "Service(s)"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service"). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, an email notification, or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except for changes addressing new functions of the Services or changes made for legal reasons, which will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER:
1. YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST HOUSETABLE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
2. YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
3. YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
Access and Use of the Service
The Service is designed to provide an online service for renovation home loan customers.
Your Registration Obligations
Your Registration Obligations
a. Immediately notify Housetable of any unauthorized use of your password or account, or any other breach of security.
b. Ensure that you exit from your account at the end of each session when accessing the Service.Housetable will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service
Housetable reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Housetable will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service
General Practices Regarding Use and Storage
You acknowledge that Housetable may establish general practices and limits concerning use of the Service, including without limitation, the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Housetable's servers on your behalf. You agree that Housetable has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Housetable reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Housetable reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Service includes certain services that are available via a mobile device, including:
I. Immediately notify Housetable of any unauthorized use of your password or account, or any other breach of security.
II. The ability to browse the Service and the Site from a mobile device.
III. The ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services").
To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Housetable and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Housetable account information to ensure that your messages are not sent to the person that acquires your old number.
Conditions of Use
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "upload"), or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Housetable. Housetable reserves the right to investigate and take appropriate legal action against anyone who, in Housetable's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
a. Email or otherwise upload any content that:
I. Infringes any intellectual property or other proprietary rights of any party do not have a right to upload under any law or under contractual or fiduciary relationships.
II. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, or hardware or telecommunications equipment.
III. Poses or creates a privacy or security risk to any person.
IV. Constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation.
V. Is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable.
VI. In the sole judgment of Housetable, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Housetable or its users to any harm or liability of any type.
b. Interfere with or disrupt the Service, or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
c. Violate any applicable local, state, national or international law, or any regulations having the force of law.
d. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
e. Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
f. Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized.
g. Further or promote any criminal activity or enterprise or provide instructional information about illegal activities.
h. Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Housetable is paid fees by lenders for the services Housetable provides to lenders. To the extent the Service or any portion thereof is made available for any fee to you, you will be required to provide Housetable information regarding your credit card or other payment instrument. You represent and warrant to Housetable that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Housetable the applicable fees in accordance with the terms of such plan and these Terms of Service. You hereby authorize Housetable to bill your payment instrument to pay any charges so incurred. If you dispute any charges you must let Housetable know within thirty (30) days after the date that Housetable charges you. We reserve the right to change Housetable's prices. If Housetable does change prices, Housetable will provide notice of the change on the Site or in email to you, at Housetable's option, at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on Housetable's net income.
Special Notice for International Use; Export Controls:
Software (as defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Apple-Enabled Software Applications
Housetable offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. ("Apple") or third parties that operate using the Android operating system, which is owned by Google Inc. ("Google" which, together with Apple, is referred to herein as the "Marketplace Provider"; such software together with the Apple-Enabled Software, the "Marketplace-Enabled Software"). With respect to the Marketplace Enabled Software, in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
Housetable and you acknowledge that these Terms of Service are concluded between Housetable and you only, and not with the Marketplace Provider, and that as between Housetable and the Marketplace Provider, Housetable, not the Marketplace Provider, is solely responsible for the Marketplace-Enabled Software and the content thereof.
You may not use the Marketplace-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Marketplace-Enabled Software in, or otherwise be in conflict with, the applicable marketplace terms of service ("App Store Terms of Service").
Your license to use the Marketplace-Enabled Software is limited to a non-transferable license to use the Marketplace-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
The Marketplace Provider has no obligation whatsoever to provide any maintenance or support services with respect to the Marketplace-Enabled Software.
The Marketplace Provider is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Marketplace-Enabled Software to conform to any applicable warranty, you may notify the Marketplace Provider, and the Marketplace Provider will refund the purchase price for the Marketplace-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, the Marketplace Provider will have no other warranty obligation whatsoever with respect to the Marketplace-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Housetable's sole responsibility, to the extent it cannot be disclaimed under applicable law.
Housetable and you acknowledge that Housetable, not the Marketplace Provider, is responsible for addressing any claims of you or any third party relating to the Marketplace-Enabled Software or your possession and/or use of that Marketplace-Enabled Software, including, but not limited to:
I. Product liability claims.
II. Any claim that the Marketplace-Enabled Software fails to conform to any applicable legal or regulatory requirement.
III. Claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Marketplace-Enabled Software or the end-user's possession and use of that Marketplace-Enabled Software infringes that third party's intellectual property rights, as between Housetable and the Marketplace Provider, Housetable, not the Marketplace Provider, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that:
I. You are not 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.
II. You are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints or claims with respect to the Marketplace-Enabled Software, they should be directed to Housetable as follows:
Housetable and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
The Google Play marketplace is owned and operated by Google. Your use of Google Play is governed by a legal agreement between you and Google consisting of the Google Terms of Service and the Google Play Terms of Service. In addition, your use of Google Play is subject to the Google Play Business and Program Policies. The Google Play Market Terms of Service, Google Play Business and Program Policies, and Google Terms of Service will take precedence in that order in the event of a conflict between them, to the extent of such conflict.
Intellectual Property Rights
Special Notice for International Use; Export Controls:
You acknowledge and agree that the Service may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Housetable, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Housetable from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Housetable, its affiliates and its partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Housetable.
The Housetable name and logos are trademarks and service marks of Housetable (collectively the "Housetable Trademarks"). Other Housetable, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Housetable. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Housetable Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Housetable Trademarks will inure to Housetable's exclusive benefit.
Third Party Material
Under no circumstances will Housetable be liable in any way for any content or materials of any third parties (including users), including but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Housetable does not pre-screen content, but that Housetable and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Housetable and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Housetable, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service
With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, "User Content"), you represent and warrant that you own all rights, titles, and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Housetable and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to Housetable are non-confidential and Housetable will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Housetable may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
a. Comply with legal process, applicable laws or government requests.
b. Enforce these Terms of Service.
c. Respond to claims that any content violates the rights of third parties.
d. Protect the rights, property, or personal safety of Housetable, its users and the public.
You understand that the technical processing and transmission of the Service, including your content, may involve (i) transmissions over various networks and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Housetable respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Housetable of your infringement claim in accordance with the procedure set forth below.
Housetable will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Housetable's copyright agent at email@example.com
(Subject line: "DMCA Takedown Request").
To be effective, the notification must be in writing and contain the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
A description of the copyrighted work or other intellectual property that you claim has been infringed.
A description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service.
Your address, telephone number, and email address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner or the copyright owner's agent, pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the copyright agent:
Your physical or electronic signature.
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled.
A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content.
your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located in New York, New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.If a counter-notice is received by the copyright agent, Housetable will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.
In accordance with the DMCA and other applicable law, Housetable has adopted a policy of terminating, in appropriate circumstances and at Housetable's sole discretion, users who are deemed to be repeat infringers. Housetable may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites and Accounts
Third Party Websites:
The Service, or third parties, may provide links or other access to other sites and resources on the Internet. Housetable has no control over such sites and resources and Housetable is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Housetable will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Housetable is not liable for any loss or claim that you may have against any such third party.
Third Party Accounts:
When you use this Service, you may provide Housetable or its affiliates with the information needed to access third-party sites designed by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. In providing the necessary information to access these sites and information on your behalf, you are authorizing such access and use. For all purposes hereof, you hereby grant Housetable, its affiliates, and a limited power of attorney, and you hereby appoint Housetable or its affiliates as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN HOUSETABLE ACCESSES AND RETRIEVES INFORMATION FROM THIRD-PARTY SITES, HOUSETABLE AND ITS AFFILIATES ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third-party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the service is not endorsed or sponsored by any third-party account providers accessible through the service. You acknowledge that through the use of this service, Housetable shall have access to your account credentials, including, but not limited to login, username, and passwords.
In addition, to facilitate third-party services, Housetable may be required to obtain your explicit consent for disclosure and/or use of the information you have provided to Housetable. You agree to provide, and authorize Housetable to use and disclose, as necessary, your identifying information for the purpose of making the Services you choose available to you. You understand that, in using third-party services, you may also be required to separately agree to the terms and conditions governing the use or provision of such third-party services.
Third Party Websites and Accounts
No Professional Advice
Unless specifically included with the Services, Housetable is not in the business of providing real estate, legal, financial, accounting, tax, or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
Housetable Is Not a Lender
Housetable does not make loans or credit decisions in connection with loans. Housetable's services are only administrative. You should rely on your own judgment in deciding which available loan product, terms or lender best suits your needs and financial means. The lender is solely responsible for its services to you, and you agree that Housetable shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services. You understand that lenders may keep your loan request information and any other information provided by Housetable or received by them in the processing of your loan request, whether or not you are qualified for a loan with them or if you make a loan with them. You agree to notify any particular lender directly if you no longer want to receive communications from them.
Housetable Does Not Take Applications
Housetable does not take loan applications because it does not ask you to provide your Social Security Number to obtain a credit report. You will have to complete a formal application with any lender you choose before it will make a credit decision. As part of the Service, we may provide you functionality and facilities that help you gather, store and transmit documents and information you may be required to provide a lender to obtain a loan. You decide which, if any, lender to send your documents and information to and you send your documents and information using our functionality and facilities. We are not responsible for any documents and information sent to any lenders and how any lender uses your documents and information.
No Loan Guarantees
Housetable does not guarantee acceptance into any particular loan program or specific loan terms or conditions with any lender; loan approval standards are established and maintained solely by individual lenders. Housetable may provide loan estimate functionality and any estimates are not binding. The actual rates, fees, payments and loan terms offered may vary from any estimate and may be higher. Housetable does not guarantee that the loan terms or rates offered and made available by lenders are the best terms or lowest rates available in the market. Nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement.
You are responsible for securely managing your password(s) for the Services and to contact Housetable if you become aware of any unauthorized access to your account. You are the only person authorized to use your user ID and password and for maintaining the confidentiality of your user ID and password. You shall not permit or allow other persons to have access to or use your user ID and password. You are responsible for the use of the Services under your user ID. You must remember your user ID and password to electronically transfer your personal information into another transaction.
Indemnity and Release
You agree to release, indemnify and hold Housetable and its affiliates and their officers, employees, directors and agents (collectively, "Indemnitees") harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. 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." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HOUSETABLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. HOUSETABLE MAKES NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HOUSETABLE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HOUSETABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM:
a. THE USE OR THE INABILITY TO USE THE SERVICE.
b. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE.
c. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
d. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE.
e. ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL HOUSETABLE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID HOUSETABLE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITY" ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Dispute Resolution By Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
a. Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the Arbitration Agreement ("Arbitration Agreement"). You agree that any and all disputes or claims these have arisen or may arise between you and Housetable, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and Housetable are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND HOUSETABLE AGREE THAT EACH 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 OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND HOUSETABLE 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 THAT PARTY'S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
c. Pre-Arbitration Dispute Resolution
Housetable is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at firstname.lastname@example.org. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Housetable should be sent to 106 West 32nd Street, New York, NY 10001 ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Housetable and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Housetable may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Housetable or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Housetable is entitled.
d. Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Consumer Arbitration Rules (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org.
Information about the AAA Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page, http://www.adr.org/consumer_arbitration.
If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Housetable and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Housetable agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
e. Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Housetable will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Housetable will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Housetable will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys' fees will be governed by the AAA Rules.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.
h. Future Changes to Arbitration Agreement
Notwithstanding any provision in these Terms of Service to the contrary, Housetable agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Housetable written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
You agree that Housetable, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Housetable believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Housetable may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Housetable may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Housetable will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Housetable will have no liability or responsibility with respect thereto.
Housetable reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and Housetable and govern your use of the Service, superseding any prior agreements between you and Housetable with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software.
These Terms of Service will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Housetable agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York, New York. The failure of Housetable to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. 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. You may not assign these Terms of Service without the prior written consent of Housetable, but Housetable may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us via email at email@example.com,
by mail at 106 West 32nd Street, New York, NY 10001 or via phone at 1 (855) 906-3510 Questions? Concerns? Suggestions? Please contact us via email at firstname.lastname@example.org,
mail at 106 West 32nd Street, New York, NY 10001 or via phone at 1(855) 906-3510 to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.