TERMS OF SERVICE
Welcome to Homeward’s Terms of Service.
Prop Innovation Inc. operates Homeward’s website and related mobile app and software. These Terms of Service (the “Terms”) govern the use of Prop Innovation’s services (the “Services”), which include that website, software, and mobile app, as well as information, data, text, images, videos, audio files, and other materials uploaded to or downloaded from, stored on, obtained via, or transmitted through the Services (collectively, the “Content”).
Please read these Terms carefully. By accessing or using the Services or by clicking to accept the Terms when that option is made available to you, you agree to be bound by these Terms. If you do not agree, do not access or use the Services.
SECTION 1 – THE SERVICES
Through the Services, Prop Innovation provides a digital platform to facilitate all aspects of property management. The Services assist with a wide-range of important tasks, such as promoting available rental units, streamlining rental applications, conducting secure tenant screening, managing online payment of rent, security deposits, and fees, automating reminders of important dates (e.g., move-in/move-out dates), managing maintenance requests, and other similar tasks. Importantly, Prop Innovation is not a party to any underlying transaction and does not guarantee or authenticate any Content provided by its users. Further, Prop Innovation is not a real estate agent or broker and does not screen properties or listings or offer any advice regarding the suitability of properties, landlords, or tenants.
SECTION 2 – USER RESPONSIBILITIES
You are solely responsible for your use of the Services and the Content. You must use the Services and the Content in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
In order to access certain features of the Services, you must register a user account. All information you provide as part of this process must be complete and accurate. You agree not let any other person or entity use your account. You are responsible for the actions taken by your account and for safeguarding your username and password. Prop Innovation encourages you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols). Prop Innovation is not liable for any loss or damage arising from your failure to do so. If you know of or reasonably suspect a breach of security related to your account, you must immediately notify Prop Innovation and modify your login information. Prop Innovation reserves the right to remove or reclaim usernames for any reason.
Landlord Accounts. Only landlords and their authorized property managers may set up and use landlord accounts, post rental listings, and accept rental applications via the Services. Third-party brokers (and anyone else not specifically authorized to accept and evaluate rental property applications on behalf of a property owner) may NOT use any of the landlord features provided by the Services.
Tenant Accounts. Only actual tenants and prospective tenants may set up or use tenant accounts. Landlords, brokers, and other third parties may not submit rental applications on behalf of prospective tenants and may not configure, authorize, or initiate rent payments, credit or background check report orders, or other transactions on behalf of tenants or prospective tenants, even if the tenant or prospective tenant has given their permission.
C.Use and Conduct Restrictions
You are allowed to use the Services as long as you follow the basic rules described in these Terms. If Prop Innovation suspects that you have violated any of the rules below or elsewhere in these Terms, Prop Innovation has the right to terminate your use of the Services and to take other actions it deems appropriate. You agree not to: (i) breach this agreement; (ii) copy, distribute, license, or sell the Services, any component of the Services (such as computer code), or any Content not owned by you (unless the Content is expressly licensed to you for such purpose); (iii) reverse engineer, decompile, or attempt to derive the source code for underlying software or other intellectual property used to provide the Services (except to the extent applicable law prohibits restrictions on reverse engineering); (iv) attempt to gain unauthorized access to the Services, the Content, or the computers, servers, and networks connected to the Services; (v) probe, scan, or test the vulnerability of any system or network related to the Services or breach or circumvent Prop Innovation’s security measures; (vi) access or search, or attempt to access or search, the Services or the Content by any means (automated or otherwise) other than through currently available, published interfaces; (vii) interfere with or disrupt the Services or servers or networks connected to the Services (including by transmitting worms, viruses, spyware, malware, or disruptive code); (viii) use the Services or the Content to spam, phish, pharm, pretext, spider, crawl, or scrape; (ix) use the Services or the Content for any illegal or unauthorized purpose; (x) use the Services or the Content, or cause the Services or the Content, to infringe upon or violate any intellectual property or proprietary rights; (xi) use the Services to harass, defame, slander, or intimidate; (xii) advertise, solicit, or transmit advertisements via the Services (except as expressly authorized by the Services), or disclose or distribute any information about Prop Innovation’s users for marketing purposes, without Prop Innovation’s prior approval; and (xiii) engage in any act that Prop Innovation deems to be in conflict with the spirit or intent of the Services or these Terms.
SECTION 3 – PAYMENT
Funder Transfer. The Services allow users to send payment to, and receive payment from, other users. For example, tenants may use the Services to pay rent, security deposits, and fees to landlords. Prop Innovation does not impose a fee for processing these payments from a checking account (via the ACH network), but there is a processing fee for such payments made by credit or debit card. The exact processing fee will be displayed at the time you authorize the corresponding payment.
Service Fees. Prop Innovation does not currently charge a fee for the Services, except to the extent expressly authorized in these Terms. However, Prop Innovation’s third-party service providers may charge fees in connection with the services they provide related to the Services. For example, Prop Innovation’s third-party credit reporting agency and background check reporting agency charge fees in connection with those services. Those third-party service providers will display the applicable fee at the time you authorize the corresponding payment. Further, Prop Innovation reserves the right to add new fee-based services or impose fees on existing features at any time, provided that you will be provided with 15-day written notice before any new fee is imposed.
All online payments via the Services are processed by Stripe. By using any payment feature of the Services, you agree to be bound by Stripe’s Connected Account Agreement (available at https://stripe.com/connect/acount-terms), in addition to these Terms.
When you authorize your selected online payment method to be charged via the Services, you are expressly authorizing Prop Innovation and Stripe to charge that payment method for the authorized amount and to use and share your information related to your selected payment method for that purpose.
When you authorize the Services to transfer money into your bank account, you are expressly authorizing Prop Innovation and Stripe to transfer funds sent to you by other users into your bank account and to use and share information related to your bank account for that purpose.
In the event you elect to make or receive payments on a recurring basis (e.g., monthly rent), you expressly authorize Prop Innovation and Stripe to charge your selected payment method and/or transfer money into your bank account on a recurring basis without further authorization for each recurring charge or deposit.
C. Payment Information
D.Chargebacks & Reversals
If a payor, payor’s bank, or payor’s card issuer initiates a reversal, chargeback, or dispute of a payment made to you via the Services, you authorize Prop Innovation and its third-party payment providers to reverse or otherwise debit funds from your account in accordance with applicable financial institution and network policies and procedures. In the event Prop Innovation is unable to reverse or otherwise debit funds from your account, you agree promptly to deposit such funds into your applicable account upon Prop Innovation’s request. Prop Innovation may also initiate a reversal or other debit, or take other actions it determines to be appropriate, if Prop Innovation believes fraud or other abuse of the Services has occurred.
Prop Innovation never takes custody of money that you transfer to other users via the Services and is not responsible for what those recipients may do with payments you make. For example, if you are a tenant who paid your security deposit via the Services, Prop Innovation is not responsible for whether your landlord returns your deposit. FURTHER, PROP INNOVATION IS NOT A COLLECTION COMPANY AND DOES NOT GUARANTEE PAYMENT BY ANY USER. EACH USER ASSUMES THE FULL RISK OF ANY TRANSACTION PERFORMED THROUGH THE SERVICES.
SECTION 4 – RENTAL APPLICATIONS / CREDIT REPORTS / BACKGROUND CHECKS
The Services allow landlords to request, and prospective tenants to submit, rental applications. If you are a landlord, you agree that you will only use the information that you receive from a rental application to evaluate that tenant’s or prospective tenant’s rental application and for no other purpose. Further, you agree to use all such information in compliance with applicable law.
B.Credit Reports & Background Checks
The Services allow landlords to request credit reports and background check reports from prospective tenants and prospective tenants to order a single-use copy of their credit report and background check report and share those reports with the requesting landlord.
Tenants. If you are a prospective tenant who elects to use this feature, you will be redirected from the Services to a third-party service provider and asked to provide personal information, such as your social security number and name, to allow that third-party service provider to run the necessary checks and generate the requested reports. Prop Innovation does not have access to the information you provide to the third-party service provider (e.g., your social security number), nor does Prop Innovation store this information on its servers. By using this feature, you authorize (i) the third-party service provider to share the results of your credit check and/or background check and any resulting reports with Prop Innovation, (ii) Prop Innovation and the third-party service provider to share those results and reports with the applicable landlord, and (iii) the applicable landlord to use those results and reports to evaluate your rental application, as set forth in the Terms. Once Prop Innovation receives a report from its third-party service provider, Prop Innovation will store a copy of that report for 58 days in order to provide adequate review time and then, at the end of that period, delete the report. Under the Terms, the applicable landlord is required to only use those reports to evaluate you as a prospective tenant and in compliance with applicable law. Further, you certify that you are ordering such reports, and will use such reports, for the purpose of furnishing the reports to a prospective landlord in connection with your rental application via the Services and for no other purpose. You agree not to share any credit report or background check report obtained via the Services with anyone other than as allowed using the sharing mechanism provided by the Services.
Landlords. If you are a landlord requesting a credit report or a background check report from a prospective tenant, you certify that (i) you are making such request, and will use any reports received by such request, for the purpose of your own evaluation of the prospective tenant in connection with that tenant’s rental application and for no other purpose and (ii) you have familiarized yourself and will comply with the Fair Credit Reporting Act and any applicable state laws governing the use of consumer credit reports.
Prop Innovation is not responsible for the contents of any credit report or background check report or any credit score, whether correct or incorrect. Prop Innovation is not a credit bureau and does not control the contents of credit reports or background check reports, including reports obtained through the Services. Credit-report and background check-report functionality is provided by third-party agencies. Prop Innovation currently uses Transunion to provide services related to credit reports and background check reports. If you believe that any information contained in your credit report or background check report is inaccurate or incomplete, you have the right to dispute it. To dispute the contents of a report, please contact the administering entity identified on the applicable report.
In addition, given that third parties administer this component of the Services, this functionally may not be available for all users or at all times for various reasons, including reasons beyond Prop Innovation’s control. If you are unable to order, share, request, or view a credit report or background check report using the Services, you should contact the person requesting or being asked to provide the report via the contact information he or she has listed on the applicable account with Prop Innovation to discuss the matter directly. You may also contact Prop Innovation at firstname.lastname@example.org for assistance.
SECTION 5 – USER-PROVIDED CONTENT
Users may submit Content through or onto the Services. For example, a landlord may submit information about a rental unit via the Services or a tenant may fill out a rental application via the Services. All Content is the sole responsibility of the person or entity that originated that Content. Prop Innovation does not take responsibility for, independently verify, or warrant the accuracy or completeness of any user-provided Content.
By submitting Content, you represent that your Content: (i) is true, accurate, and not mis-leading; (ii) does not violate any laws, contractual restrictions, or other third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary right; and (iii) does not contain viruses, adware, spyware, worms, or other malicious code. You also represent that you have all the rights, power, and authority necessary to submit, and grant the rights granted in the Terms regarding, any Content originating with you. For example, if you use the Services to submit a rental application, order credit reports, order background check reports, transfer funds, or take any other similar action, you represent and warrant that you have the full right, power, and authority to take such action. You agree to accept full liability for all Content submitted by you or on your behalf.
C.License Grant & Assignment
You retain your rights in Content that you submit to the Services. But you grant Prop Innovation a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, and display that Content in any and all media or distribution methods (now known or later developed) solely for the following purposes: (i) to provide the Services; and (ii) to improve the Services.
Prop Innovation requests that you do not submit ideas about how to improve the Services to it. This is to avoid potential misunderstandings or disputes that may arise if the Services appear similar to an idea submitted by you. However, if, despite this request, you submit to Prop Innovation an idea, suggestion, recommendation, or other feedback regarding the Services (collectively, the “Feedback”), you agree that Prop Innovation has the right to use, disclose, reproduce, license, distribute, and exploit such Feedback as it sees fit, without obligation or restriction of any kind. By providing Feedback, you grant Prop Innovation a worldwide, perpetual, irrevocable, sublicenseable, fully-paid, and royalty-free license to use and exploit such Feedback in any manner and without compensation to you.
SECTION 6 – ALL CONTENT
A.Reliance on Content
Your use of, and reliance on, any Content, whether user-provided or not, is at your own risk. Prop Innovation does not endorse, support, or guarantee that such Content is complete, truthful, or reliable. Prop Innovation is not liable for any Content (including errors or omissions in the Content), nor any loss or damages resulting from the use of, or reliance on, that Content.
B.Right to Remove Content
Prop Innovation has the right, but not the obligation, to review, edit, refuse to post, delete, disable access to, or otherwise make unavailable any Content, including user-provided Content, without notice and for any reason.
SECTION 7 – PROP INNOVATION’S RIGHTS; YOUR LICENSE TO USE THE SERVICES
A.Prop Innovation’s Rights
All right, title, and interest in and to the Services and the Content (excluding user-provided Content) are Prop Innovation’s exclusive property. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries, as further discussed in Section 8.
Prop Innovation grants you a limited, personal, non-sublicenseable, royalty-free, non-assignable, and non-exclusive license to use any software, patented or proprietary protocol, and other intellectual property that Prop Innovation provides to you as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Prop Innovation in the manner permitted by these Terms. You agree not to use the Services or related intellectual property for any other purpose.
SECTION 8 – INTELLECTUAL PROPERTY
The trademarks, service marks, logos, and other distinctive brand features used as part of or displayed through the Services (the “Trademarks”) are registered or unregistered trademarks of Prop Innovation or third parties. You may not use any of these Trademarks without the prior, written approval from the trademark owner. Nothing related to the Services grants you, expressly or implicitly, any right or license to use any of these Trademarks or may be construed to mean Prop Innovation has the authority to grant any right or license on behalf of any third-party trademark owner.
Much of the Content throughout the Services is protected by copyright laws and may be covered by other restrictions as well. Such Content is proprietary to Prop Innovation or used consistent with the owner’s permission or applicable law or regulation. Prop Innovation retains all rights it may hold, including copyright, in its Content. Copyrights and other proprietary rights in the Content may also subsist in individuals and entities other than, or in addition to, Prop Innovation. Prop Innovation expressly prohibits the copying of any such protected Content, except as expressly permitted by these Terms.
C.Reservation of Rights
All rights not expressly granted by Prop Innovation herein are specifically reserved. Subject to Section 7(B), nothing in the Services or these Terms grants, expressly or implicitly, any right or license to use any content or property of any third party, or may be construed to mean that Prop Innovation has the authority to grant any right or license on behalf of any third party.
Prop Innovation reserves the right to remove Content alleged to be infringing without prior notice, at its discretion, and without liability to you. Prop Innovation will respond to notices of alleged copyright infringement that comply with applicable law and that are properly provided to it. Prop Innovation’s designated copyright agent for notice of alleged copyright infringement is:
Prop Innovation Inc.
1644 Casale Rd pacific palisades CA 90272
SECTION 9 – PRIVACY
, is incorporated into the Terms by reference. You understand that by using the Services you consent to the collection and use of your information as detailed in that policy.
SECTION 10 – TERMINATING THIS AGREEMENT
These Terms apply until you or Prop Innovation terminate this agreement. In the event you have created a user account and want to terminate this agreement, you must do so via the Services’ cancellation feature or by sending an email to email@example.com that clearly states you would like to deactivate your account. In the event you have not created a user account, you may end this agreement simply by no longer accessing the Services. Prop Innovation may cease providing you with all or part of the Services and terminate this agreement at any time for any reason. This section doesn’t affect Prop Innovation’s rights to change, limit, or stop providing the Services without prior notice. When this agreement terminates, all of the Terms terminate, except that the following sections will continue to apply: 4 (Rental Applications / Credit Reports / Background Checks), 5 (User-Provided Content), 6 (All Content), 7A (Prop Innovation’s Rights), 8 (Intellectual Property), 9 (Privacy), 11 (Disclaimers and Limitations of Liability), and 12 (Miscellaneous).
SECTION 11 – DISCLAIMERS AND LIMITATIONS OF LIABILITY
Please read this section carefully since it limits the liability of Prop Innovation and its parents, subsidiaries, affiliates, related companies, managers, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Prop Innovation Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result, the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have that may not be lawfully limited.
A. The Services are Available “As-Is”
Your use of the Services and the Content is at your own risk. You agree that the Services (including its related services and features) are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE PROP INNOVATION ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP, AND NONINFRINGEMENT.
The Prop Innovation Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security, or reliability of the Services or the Content, whether user-supplied or not; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or Content; (iii) the deletion of, or the failure to store or to transmit, Content and other communications maintained by the Prop Innovation Entities; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, prompt, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Prop Innovation Entities or through the Services will create any warranty not expressly made herein.
The Services may contain links to third-party websites and resources. The Prop Innovation Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Prop Innovation Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROP INNOVATION ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE SERVICES; (II) THE CONTENT; (III) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES; (IV) ANY ERRORS OR OMISSIONS IN THE SERVICES OR THE CONTENT; OR (V) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY THROUGH THE SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE PROP INNOVATION ENTITIES EXCEED THE GREATER OF $2,000 OR THE AMOUNT YOU PAID PROP INNOVATION, IF ANY.
THE LIMITATIONS OF THIS SUBSECTION APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE PROP INNOVATION ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU AGREE THAT, IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF PROP INNOVATION’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT, OR OTHER CONTENT OWNED OR CONTROLLED BY THE PROP INNOVATION ENTITIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION, OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE PROP INNOVATION ENTITIES.
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND EXPRESSLY WAIVE THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA (AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY), WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You hereby indemnify the Prop Innovation Entities from any demand, damages, liability, expenses, and losses, including reasonable attorneys’ fees, relating to any third-party claim, suit, action, or proceeding related to or arising out of (i) your use or misuse of the Services, the Content, or any information or materials that you obtain from the foregoing; (ii) any Content provided or submitted by you; (iii) any breach or alleged breach by you of these Terms; and (iv) any misrepresentation made by you in connection with this agreement. Prop Innovation reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
SECTION 12 – MISCELLANEOUS
The Services are always evolving and may change from time to time without notice. Prop Innovation may stop (permanently or temporarily) providing the Services (or any feature) to you or to users generally and may not be able to provide you with notice. Further, Prop Innovation may modify the Services at its discretion. New features will be subject to these Terms.
B.Changes to Terms
Prop Innovation may revise these Terms from time to time. The most current version will always be located here. If the revision, in Prop Innovation’s discretion, is material, Prop Innovation will notify you via email to the email address associated with your account or by posting notice to its website. In consideration for your access to the Services, you agree to check back here from time to time to determine if the Terms have been revised. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
C. User Requirements
In order to use the Services, you must be a U.S. resident, 18-years-old or older, and able to form a binding contract. By using the Services, you promise you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, do not access or use the Services.
If you are accessing or using the Services on behalf of a company, you represent that you have authority to bind that company to this agreement, and in such case, “you” and “your” refer to that company throughout this agreement.
E.Waiver and Severability
Prop Innovation’s failure to enforce any right or provision in these Terms is not a waiver of that right or provision. Any waiver must be in writing and signed by an authorized Prop Innovation representative. In the event that any provision of these Terms (in whole or in part) is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary and the remaining provisions of these Terms will remain in effect.
F. Controlling Law and Arbitration
The Terms and any related actions are governed by California law, without regard to or application of California’s conflict of law provisions or those of any other jurisdiction, including your state or country of residence. YOU AGREE THAT ANY CAUSE OF ACTION, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATED TO THE USE OF THE SERVICES OR THE CONTENT BETWEEN PROP INNOVATION AND YOURSELF OR AS TO THE CONSTRUCTION, INTERPRETATION, AND EFFECT OF THIS AGREEMENT MUST BE SUBMITTED EXCLUSIVELY TO ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION, IN ACCORDANCE WITH ITS APPLICABLE RULES, IN LOS ANGELES, CALIFORNIA. AN AWARD OF ARBITRATION MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION. You agree that you and Prop Innovation are each waiving the right to a trial by jury and to participate in a class action or class arbitration. The following is a list of exceptions to the foregoing dispute resolution requirements:
- Either you or Prop Innovation may assert claims, if they qualify, in small claims court in Los Angeles, California without first engaging in arbitration.
- Prop Innovation may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Services without first engaging in arbitration.
- Prop Innovation may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any intellectual property infringement without first engaging in arbitration.
- If the agreement to arbitrate is found to be unenforceable, then you agree that any resulting judicial proceedings will be brought in the federal or state courts of Los Angeles, California, and by your use of the Services you expressly consent to venue and personal jurisdiction of those courts.
G. Entire Agreement
The Terms are the entire and exclusive agreement between Prop Innovation and you regarding the Services and Content (excluding any separate agreement with Prop Innovation that is in addition to these Terms), and these Terms supersede and replace any prior agreements between Prop Innovation and you regarding the Services and Content.
The headings in this agreement are inserted for reference only and do not limit the scope, extent, or intent of the agreement or its provisions. As used in this agreement, the words “include” and “including,” and variations, are considered to be followed by the words “without limitation.”
The Services are operated and provided by:
Prop Innovation Inc.
1644 Casale Rd Pacific palisades CA 90272