IMPORTANT- PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE WEBSITE LOCATED AT WWW.MANAGECASA.COM, THE MANAGECASA SERVICES (DEFINED IN SECTION 1 BELOW) OR ANY PART THEREOF. YOUR USE OF THE MANAGECASA SERVICE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. MANAGECASA MAY MAKE CHANGES TO THE CONTENT AND REPORTS OFFERED ON THE SERVICES AT ANY TIME. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE MANAGECASA SERVICE OR BY DOWNLOADING CONTENT OR REPORTS OR POSTING ANY CONTENT FROM OR ON THE MANAGECASA SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED AN ACCOUNT TO USE THE MANAGECASA SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE MANAGECASA SERVICE.
NO WARRANTIES AND LIMITED LIABILITY; ARBITRATION: THESE TERMS PROVIDE YOU WITH CERTAIN LEGAL RIGHTS, BUT YOU MAY HAVE OTHER, ADDITIONAL LEGAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION, AS EXPLAINED IN SECTIONS 15 (“WARRANTY DISCLAIMER”) AND 16 (“LIMITATION OF LIABILITY”). PLEASE BE ADVISED THAT MANAGECASA DOES NOT PROVIDE WARRANTIES FOR THE MANAGECASA SERVICE, AND THESE TERMS LIMIT OUR LIABILITY TO YOU. PLEASE SEE SECTIONS 15 AND 16 FOR DETAILS. THESE TERMS REQUIRE THE USE OF BINDING ARBITRATION TO RESOLVE DISPUTES RATHER THAN JURY TRIALS, AND SPECIFICALLY PRECLUDE CLASS ACTIONS. PLEASE SEE SECTION 19 (“DISPUTE RESOLUTION AND BINDING ARBITRATION”) FOR DETAILS, INCLUDING INSTRUCTIONS TO FOLLOW TO OPT OUT OF BINDING ARBITRATION AND THE CLASS ACTION WAIVER.
YOU MUST BE AGE 18 OR OLDER TO USE THE SERVICES. IF YOU ARE UNDER AGE 18 YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION TO USE THE SERVICES, AS WELL AS HAVE THEM READ AND AGREE TO THESE TERMS. YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE OR THAT YOU ARE THE PARENT OR LEGAL GUARDIAN OF A USER THAT IS AT LEAST 16 YEARS OF AGE, AND YOU AGREE TO THESE TERMS. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A USER OF THE SERVICES AND YOU HAVE QUESTIONS ABOUT THE SERVICES OR THESE TERMS, PLEASE CONTACT US AT INFO@MANAGECASA.COM.
When using particular services or materials through or in connection with the ManageCasa Service, you will be subject to any posted rules applicable to such services or materials that may contain terms and conditions or other operating rules, policies and procedures in addition to those in the terms (“Additional Terms”). All such Additional Terms are hereby incorporated by reference into these Terms. In the event of any conflict with these Terms and the Additional Terms, the Additional Terms shall control solely with respect to the subject matter covered by such Additional Terms.
If you have any questions, comments, or concerns regarding these Terms or the ManageCasa Service, please contact us at email@example.com.
The ManageCasa Service enables you to manage real estate properties, record bookkeeping records, store and track documents, submit and receive maintenance requests, generate rent invoices, record and pay bills and other related property management services.
In these Terms, “User” means anyone who accesses and/or registers to use the ManageCasa Service, including without limitation, homeowners, property managers, property owners, landlords, tenants, service providers and contractors. Users that register for an account to manage a property or properties, such as a landlord or property manager or as a contractor or service provider that provides services to properties, will be deemed the administrator of its account (the “Administrator”), and may invite other users (subject to the payment of additional fees, if any) who may interact with them through, and access and use, the ManageCasa Service in connection the use of its account (“Authorized Users”). Authorized Users will be considered to be in a micro-community for such Administrators account, and the Administrator is solely responsible for designating permissions and roles for each Authorized User. The Administrator shall be solely responsible, and is jointly and severally liable for, its Authorized Users use of the ManageCasa Service under its account and their compliance with these Terms.
Administrators must be either a licensed contractor in their jurisdiction or a professional property manager to create an account to manage a property or properties in connection with the use of the ManageCasa Service.
To use the ManageCasa Service, you will need to sign up for an account. You can only create one account with us and may not transfer your account to anyone else without our prior written permission. You will be required to specify your User role(s), such as property manager, landlord, homeowner, service provider, contractor and/or tenant. In registering an account, you agree to provide and maintain up to date information that is true, accurate, current, up to date, and complete. You agree that you will not create an account (i) using a false identity or information, or (ii) if you have been previously removed or banned by us from use of the ManageCasa Service, or any part thereof. You understand and agree that you are solely responsible for maintaining the confidentiality of and protecting your password to your account. You are solely responsible for any activity originating from your account, regardless of whether such activity is authorized by you. You agree to notify us immediately of any unauthorized use of your account.
ManageCasa only authorizes you to use the ManageCasa Service, Content and Reports for your own personal use or your internal business use to manage properties and communicate with other Users regarding properties under your account, all in compliance with all applicable laws. You may not resell or make available to any third party the ManageCasa Service or any Content or Reports (other than your own Submissions), except as expressly permitted in these Terms. Any Content or Reports you access through the ManageCasa Service is licensed and we permit you to view and use the Content and Reports solely for your own personal use or internal business use.
“Content” means any information or materials displayed on the ManageCasa Service, such as, text, graphics, data, articles, photos, images, illustrations, and so forth. Any sample forms such as sample lease documents are licensed hereunder as Content and they are examples only.
“Reports” means any statements, work order, invoice and/or report generated through the ManageCasa Service, such as income statements.
“Submissions” means any Content you as a User posts, uploads, shares, stores, or otherwise provides through the ManageCasa Service, including without limitation, Content provided in connection with use of the Webpage Tools (as defined below), such as by way of example, maintenance requests, communications between Users, User uploaded documents such as rental applications, lease documents.
ManageCasa does not represent, warrant or guarantee that any sample forms or sample lease documents comply with applicable laws in your jurisdiction and does not guarantee the accuracy of any Reports. ManageCasa is not an attorney, a law firm or accounting firm, and can only provide self-help services at your specific direction. Users assume all risks of using sample forms and sample lease documents and Reports. The ManageCasa Service is not a substitute for the advice of an attorney or accountant and if you need legal or accounting advice for your specific matter, or if your document needs are too complex to be addressed by our sample documents, you should consult a licensed attorney, accountant and/or relator in your area. At no time is an attorney-client relationship or any other special relationship created between Users and ManageCasa or any employee or other person associated with ManageCasa, and any information you provide us is not protected by attorney-client privilege or as work product. You are and will be representing yourself in any matter you undertake using the ManageCasa Service. We provide online tools and materials to assist you with the preparation, execution and storage of your own property documents and related information.
ManageCasa may provide limited support services regarding the use of the ManageCasa Service in its sole discretion, including, without limitation, training, data migration and onboarding. You agree that you may be required to pay ManageCasa’s current rates and enter into a separate consulting agreement for certain services, as you and ManageCasa mutually agree.
If you are using the ManageCasa Service and register as a property manager, landlord, homeowner, service provider, or contractor, you hereby agree that ManageCasa shall have the right, but not the obligation, to include your name and logo as a customer who uses the ManageCasa Service and in other marketing materials promoting the ManageCasa Service.
If your subscription for the ManageCasa Service includes the use of ManageCasa’s tools to self-publish a business or property website and/or webpages available as a feature of the Platform (the “Webpage Tools”), in addition to the terms and conditions set forth in these Terms, the terms and conditions available at managecasa.com/terms/customer-marketing-website/ (the “Webpage Terms”) shall govern your access and use of and the Webpage Tools, and are incorporated into and made a part of these Terms. In the event of any conflict between these Terms and Webpage Terms, the Webpage Terms shall control solely with respect to the use of the Webpage Tools. For the avoidance of doubt, the term “Services” as used in these Terms, shall include, without limitation, the Webpage Tools.
Users, including, without limitation, any Users that have a business or property page on the ManageCasa Service or any landlords or property managers, are not employees or agents of ManageCasa. ManageCasa acts as an intermediary to facilitate communications and certain payment transactions between Users. The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular situation or property may differ depending on your location and information typically discovered through in-person evaluations or visits. For example, contractors may be licensed by or have experience in only particular locations or types of projects.
Certain features of the ManageCasa Service allow you to charge, receive, and/or make payments to other Users through the Service (“Transactions”). ManageCasa uses a third party payment processor to facilitate Transactions through the ManageCasa Service. By creating a Transaction in which you are charging or requesting payment from another User, you represent and warrant that you are authorized and entitled to generate such Transaction pursuant to you rental, services or other agreement with the applicable User. If you provide a payment method in connection with a Transaction in which you are making a payment to another User, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; and (ii) authorize the applicable User and the third party payment processor to charge you for the applicable fees for the Transaction using your payment method.
If you set up, or agree, to pay a certain Transaction on a recurring basis, you acknowledge and agree that that the fees for such recurring Transaction will be automatically billed on the applicable due date for such recurring Transaction, and you authorize the applicable User and the third party payment processor to charge you for the applicable fees for the Transaction using your payment method.
If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, the Transaction may be suspended or cancelled. YOU ACKNOWLEDGE AND AGREE THAT ANY PROBLEMS OR DISPUTES BETWEEN YOU AND ANOTHER USER WITH RESPECT TO ANY TRANSACTIONS MUST BE RESOLVED SOLELY BETWEEN YOU AND THE APPLICABLE USER.
Certain uses of the ManageCasa Service are provided free of charge. When you purchase a subscription, you are expressly agreeing that ManageCasa is permitted to bill you the applicable fees, any applicable tax and any other charges you may incur with ManageCasa in connection with such subscription as set forth on the payment page and that the fees will be billed to the credit card or account you provide in accordance with the billing terms in effect at the time a fee or charge is due and payable. Subscriptions will automatically renew for monthly period unless you have selected a subscription that renews annually. You may elect not to renew your subscription at any time by following the instructions in your account. Fees for each payment period are due in advance of the next payment period.
If payment is not received or cannot be charged to your credit card account for any reason in advance, ManageCasa reserves the right to either suspend or terminate your access to the ManageCasa Service and terminate these Terms. All fees are non-refundable.
Your subscription may limit your use of the ManageCasa Service to assisting you with a certain number of units. You may upgrade your subscription at any time. You may downgrade your subscription in advance of the next renewal date or automatic billing cycle (i.e. for monthly subscriptions, prior to the start of the next subscription month and for annual subscriptions, prior to the start of the next year). Please check your account for instructions on how to upgrades or downgrade your subscription.
By using the ManageCasa Service, you consent to receiving electronic communications from ManageCasa. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the ManageCasa Service. These electronic communications are part of your relationship with ManageCasa and you receive them as part of your purchase. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
You acknowledge and agree that you are solely responsible for all Submissions that you make available through the ManageCasa Service. Accordingly, you represent and warrant that: (i) you are the original creator and writer of all Submissions that you make available through the ManageCasa Service or you have all rights, licenses, consents and releases that are necessary to grant the licenses hereunder to ManageCasa as contemplated under these Terms; (ii) neither the Submissions nor your posting, uploading, publication, submission or transmittal of the Submissions or ManageCasa’s use of the Submissions (or any portion thereof) on, through or by means of the ManageCasa Service will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and (iii) your Submissions and your postings will not defame any person, business, location or property.
Submissions are not private or confidential and may be read, viewed and used by other Users to whom a User provides access. Any other Users may read, view and use Submissions on business pages. You are responsible for your Submissions. You are fully responsible for all Submissions you contribute, in any manner, to the ManageCasa Service, and for the accuracy of the same, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it, and that ManageCasa shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of your Submissions in any and all media, whether now known or hereafter created, or have any liability to you or any third party as a result of any use of your Submissions as authorized in these Terms.
By submitting your Submissions to the ManageCasa Service, you grant ManageCasa a worldwide, royalty-free, fully paid up, perpetual and irrevocable license to use, publicly perform, publicly display, modify and distribute your own Submissions. Subject to the foregoing, you continue to have the right to use your Submissions in any way you choose. You also hereby grant each user of the ManageCasa Service a non-exclusive license to access your Submissions through the ManageCasa Service, and to use, reproduce, distribute, display and perform such Submissions as permitted through the functionality of the ManageCasa Service and under these Terms. You understand and agree that if you delete your account, it may not be possible to completely delete that content from ManageCasa’s records, and that your Submissions may remain viewable elsewhere as part of the ManageCasa Service and to the extent that they were downloaded or stored by other Users.
The Content is protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the ManageCasa Service, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including ManageCasa’s) rights.
ManageCasa owns all rights, title and interest in and to all of its patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights in and to the ManageCasa Service as well as all Content. You will not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in these Terms), creative derivative works based on, or otherwise exploit any of the ManageCasa Service. To the extent you provide any suggestions or feedback regarding the functioning, features, and other characteristics of the ManageCasa Service, or other materials or services provided or made available by ManageCasa hereunder (“Feedback”) you hereby license such Feedback to ManageCasa on a worldwide, perpetual, irrevocable, non-exclusive, freely-transferable, fully paid, and royalty-free basis, for ManageCasa to use and exploit in any manner and for any purpose.
We do not conduct any verification of Users that signup and/or register to use the ManageCasa Service. ManageCasa does not represent, warrant or guarantee the User’s identity and whether the User is trustworthy. You are solely responsible to make your own decisions about the suitability of others whom you contact or interact with via the ManageCasa Service. ManageCasa does not endorse, is not responsible for, and make no representations as to any businesses that have business pages on the ManageCasa Service or their Submissions on their business pages or the manner in which they provide their services.
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the ManageCasa Service or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the ManageCasa Service. ManageCasa reserves the right to bar any such activity.
You may not probe, scan or test the vulnerability of the ManageCasa Service or any network connected to the ManageCasa Service, nor breach the security or authentication measures on the ManageCasa Service or any network connected to the ManageCasa Service. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the ManageCasa Service, or any other customer of ManageCasa, or exploit the ManageCasa Service or any service or information made available or offered by or through the ManageCasa Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the ManageCasa Service.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to ManageCasa on or through the ManageCasa Service. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the ManageCasa Service. In connection with your use of the ManageCasa Service and/or in submitting Submissions, you may not and you agree that you will not:
ManageCasa has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
To the extent allowed by applicable law, ManageCasa may access, preserve and disclose any of your Submissions or information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against ManageCasa or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of ManageCasa , its users, or members of the public . You acknowledge that ManageCasa has no obligation to monitor your access to or use of the ManageCasa Service or to review or edit any Submissions, but has the right to do so for the purpose of operating and improving the ManageCasa Service (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. ManageCasa reserves the right, at any time and without prior notice, to remove or disable access to any Content or Submissions that ManageCasa, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the ManageCasa Service. ManageCasa may suspend or terminate any User account or access to the ManageCasa Service at any time, for violation of these Terms or for no reason. If ManageCasa terminates your subscription to use the ManageCasa Service and these Terms without cause, ManageCasa may elect to provide you with a pro-rated refund for the remainder of the current payment period that will be unused.
The ManageCasa Service may contain links to, or otherwise may allow you to connect to and use certain third party products, services or software under separate terms and conditions (collectively, “Other Services”) in conjunction with the ManageCasa Service. For example, if you request to obtain an insurance quote or home warranty plan through the ManageCasa Service or request a background check, you will be transferred to a third party’s Other Service. If you decide to access and use such Other Services, be advised that Your use is governed solely by the terms and conditions of such Other Services, and ManageCasa does not endorse, is not responsible for, and make no representations as to such Other Services, their content or the manner in which they handle your data. ManageCasa is not liable for any damage or loss caused or alleged to be caused by or in connection with your access or use of any such Other Services, or your reliance on the privacy practices or other policies of such Other Services.
Only the intellectual property rights owner or the owner’s authorized agent is permitted to report potentially infringing materials to ManageCasa Inc. as set forth below. If you are not the intellectual property rights owner or the owner’s authorized agent, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms.
Notification: ManageCasa respects the intellectual property rights of others, and we require you to do the same when using and the ManageCasa Service.
ManageCasa may, in appropriate circumstances and at our discretion, terminate service and/or access to this website or services for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our website or services, please provide ManageCasa’s designated agent the following information:
C/o DMCA Agent
44 Tehama St
San Francisco, CA 94105
By Phone: +1.415.886.3535
By Email: firstname.lastname@example.org
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If you are a user who posted allegedly infringing material and who received notification to that effect from ManageCasa, you may elect to send us a counter notice. To be effective, such counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see Section 512(g)(3) of the Copyright Act to confirm these requirements):
Such written notice should be sent to our designated agent as follows:
C/o DMCA Agent
44 Tehama St
San Francisco, CA, 94105
By Phone: +1.415.886.3535
By Email: email@example.com
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
IF THERE IS A DISPUTE BETWEEN USERS ON THE MANAGECASA SERVICE, OR BETWEEN USERS AND ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY TRANSACTIONS BETWEEN USERS, YOU AGREE THAT MANAGECASA IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS, YOU RELEASE MANAGECASA, ITS OFFICERS, EMPLOYEES, AGENTS, AND SUCCESSORS FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE MANAGECASA SERVICE. IF YOU ARE A CALIFORNIA RESIDENT, YOU SHALL AND HEREBY DO 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.”
MANAGECASA DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE MANAGECASA SERVICE, AND WE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY, OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE MANAGECASA SERVICE. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED THROUGH THE MANAGECASA SERVICE. ANY CONTENT, REPORTS OR MANAGECASA SERVICE OFFERED (WHETHER OR NOT FOLLOWING SUCH RECOMMENDATIONS AND SUGGESTIONS) THROUGH THE MANAGECASA SERVICE ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND FROM MANAGECASA OR OTHERS. THE SERVICES, REPORTS AND CONTENT ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL MANAGECASA BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO MANAGECASA IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold ManageCasa, its affiliates, officers, agents, employees, and partners harmless for and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the ManageCasa Service (including any actions taken by a third party using your account and including arising out of your Submissions), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), if you have an account, we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof.
Definitions. As used in this Dispute Resolution and Binding Arbitration Provision (“Arbitration Provision”), the terms “ManageCasa,” “we,” “us,” and “our” refer to ManageCasa Inc., including its subsidiaries and agents; The word “Disputes” means all claims, disputes, or controversies between User and us of any nature or kind, whether pre-existing, present, or future, that arise from or relate to the ManageCasa Service. This includes but is not limited to disagreements about the validity, enforceability, or scope of this Arbitration Provision.
Informal Efforts to Resolve Dispute. If a dispute arises between User and ManageCasa, User should first attempt to resolve it by contacting our Customer Service Center at (800) 998-6627 or by sending the details of User’s complaint, including User’s contact information for a response, to the address or email address listed below. We will attempt in good faith to resolve all Disputes submitted this way within fifteen (15) days of receipt.
Agreement to Arbitrate; Right to Opt Out. If informal efforts to resolve Disputes fail or are not used, User agrees that any and all Disputes will be resolved exclusively by binding arbitration as described herein, except that: (i) User may assert Disputes in a small claims court in the United States if User’s Disputes meet the court’s jurisdictional requirements; and (ii) either party may pursue Disputes and relief in a court of competent jurisdiction regarding the validity and/or infringement of a party’s intellectual property rights.
Arbitration Fees. The allocation and payment of all filing, administration and arbitrator fees will be governed by the American Arbitration Association (“AAA”) rules which limit the amount a consumer is required to pay. If the arbitrator determines that User’s Disputes are not frivolous applying the standards of the Federal Rules of Civil Procedure, we agree to reimburse User the amount of all filing, administration and arbitrator fees User is required to pay for the arbitration.
Arbitration Rules. The arbitration will be conducted by the “AAA” under its rules if User is a resident of the United States; if User’s use of the ManageCasa Service has been principally for personal or household use, the AAA’s Supplementary Procedures for Consumer-Related Disputes will also apply. If User is a resident of a country other than the United States, the arbitration will be conducted by the AAA’s International Centre for Dispute Resolution with venue in San Francisco, California, USA, under its rules for international arbitration. The Parties agree to submit to the personal jurisdiction of the U.S. federal court for the Northern District of California, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event of a conflict or inconsistency between the applicable arbitration rules and this Arbitration Provision, this Arbitration Provision shall govern and control.
The arbitration will be conducted in the English language by a single arbitrator who is an attorney-at-law with experience in consumer and technology transactions and who is also a member of the AAA National Roster of Arbitrators. If the parties can’t agree on a mutually acceptable arbitrator within fifteen (15) days after the arbitration is initiated, then the AAA will pick a neutral arbitrator who meets the qualifications. The AAA’s rules are available at www.adr.org, or by calling 1-800-778-7879 from inside the United States or +1-212-484-4181 from outside the United States.
Initiating Arbitration. To begin an arbitration proceeding, User must follow the procedures specified by the applicable AAA rules as described on their website at www.adr.org.
Time Restriction. USER MUST FILE A COMPLAINT WITH AAA OR A PERMITTED COURT WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A CLAIM, OR USER WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS OR DISPUTE.
Arbitration Process. Because appearing in person for arbitration can be unduly burdensome in the circumstances, arbitration under this Arbitration Provision shall not require any personal appearance by the parties or witnesses unless mutually agreed. Either or both parties may participate by written submissions, telephone calls, or other means of remote communication as allowed by the arbitrator. The arbitration proceedings will be conducted in the English language at a location designated by the AAA that is the most convenient for User.
The arbitration can only decide Disputes between User and ManageCasa, and may not consolidate or join the claims of other persons that may have similar claims. There shall be no pre-arbitration discovery except as provided for in the applicable AAA rules. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information.
In conducting the arbitration proceeding, the arbitrator will apply the law of the State of California (without regard to its conflicts of law provisions) including U.S. federal law for matters covered by federal law (e.g. the Federal Arbitration Act). At the request of any party, the arbitrator shall provide a brief written explanation of the basis for the decision and award. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding on the parties except for any right to appeal under the AAA rules or the Federal Arbitration Act.
Enhanced Recovery. If the arbitrator rules in User’s favor on the merits of any Claim brought against us and issues a damages award in User’s favor that is greater in monetary value than our last written settlement offer made before written submissions are made to the arbitrator, then when the judgment is final we will pay User the damage award judgment plus fifty percent (150%) up to US$1,000 over and above the damages award, plus User’s reasonable attorneys’ fees for the arbitration proceeding.
Confidentiality. User and we shall keep confidential any information exchanged during the arbitration as well as the decision of the arbitrator made with respect to any Claim(s) arbitrated under this Arbitration Provision and, with the exception of disclosure to User’s or our attorneys, accountants, auditors, and other legal or financial advisors, neither party shall disclose such information or decision to any other person unless required to do so by law.
Continuing Obligation to Arbitrate; Severability. This Arbitration Provision shall survive termination of User’s access to or use of any ManageCasa Service and related agreements. If any portion of this Arbitration Provision is deemed invalid or unenforceable at law, such invalid or unenforceable provision will be interpreted, construed or reformed to the extent required to make it valid and enforceable, and this shall not invalidate the remaining portions of this Arbitration Provision.
ManageCasa Customer Service Center Address:
44 Tehama St
San Fransisco, CA 94105
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the ManageCasa Service, provided that ManageCasa may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and ManageCasa agree that these Terms, the Webpage Terms, and any Additional Terms are the complete and exclusive statement of the mutual understanding between you and ManageCasa, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind ManageCasa in any respect whatsoever. You and ManageCasa agree there are no third party beneficiaries intended under these Terms. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your account, in any way (by operation of law or otherwise) without ManageCasa’s prior written consent. We may freely transfer, assign, or delegate these Terms and our rights and obligations without consent.