Terms of ServiceLast udpated February 22, 2016
IMPORTANT- IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE WEBSITE LOCATED AT WWW.MANAGECASA.COM OR THE SERVICES AVAILABLE ON THE WEBSITE. YOUR USE OF THE WEBSITE AND SERVICES (COLLECTIVVELY REFERRED TO AS "SERVICES") SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. MANAGECASA MAY MAKE CHANGES TO THE CONTENT OFFERED ON THE SERVICES AT ANY TIME. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SERVICES, 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 WITH THE SITE AND APP. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.
NOTE: THESE TERMS CONTAINS A BINDING ARBITRATION PROVISION AND TIME LIMIT ON SUBMITTING CLAIMS THAT AFFECT YOUR RIGHTS. PLEASE READ THESE TERMS CAREFULLY. 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 13 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.
In these Terms, "User" means anyone who accesses and/or registers for our Services, including without limitation, property managers, landlords and tenants. Users that create a property page, such as a landlord or property manager, will control who may interact with them through the Services on their property page and these users will be considered to be in a micro-community for such property.
Users must be either a licensed contractor in their jurisdiction, a relator or a professional property manager to create a business page on the Services.
ManageCasa can change these Terms at any time. If ManageCasa changes any of these Terms, ManageCasa will post the updated terms. ManageCasa may also send registered users that have submitted their email address a notice of the change to these Terms. Your continued use of the Services after such changes have been posted acknowledges your agreement to the new Terms. Therefore, you should check the Terms on the Services periodically for updates and changes.
To use the Services, 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.
Use of the Services
ManageCasa only authorizes you to use the Services and Content for your own personal use or your internal business use to manage properties and communicate with other Users regarding properties, all in compliance with all applicable laws. You may not resell or the Services or any Content therein (other than your own Submissions). Any Content you access through the Services is licensed and we permit you to view and use the Content solely for your own personal use or internal business use.
"Content" means any information or materials displayed on the Services, 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.
"Submissions" means any Content you as a User posts, uploads, shares, stores, or otherwise provides through the Services, 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. ManageCasa is not an attorney or a law firm, and can only provide self-help services at your specific direction. Users assume all risks of using sample forms and sample lease documents. Our Services are not substitutes for the advice of an attorney and if you need legal 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 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 Services. We provide online tools and materials to assist you with the preparation, execution and storage of your own property documents and related information.
Users, including, without limitation, any Users that have a business page on the Services or any landlords or property managers, are not employees or agents of ManageCasa. ManageCasa acts as an intermediary to facilitate communications 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.
ManageCasa currently does not charge Users to use our Services but ManageCasa reserves the right to charge Users at any time for all or part of the Services. By using the Services, 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 Services. 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.
When ManageCasa commences charging fees for the use of the Services, you acknowledge and agree that ManageCasa will automatically charge your credit card or PayPal account on record with ManageCasa in accordance with ManageCasa's then-current payment terms.
You acknowledge and agree that you are solely responsible for all Submissions that you make available through the Services. Accordingly, you represent and warrant that: (i) you are the original creator and writer of all Submissions that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant the licenses hereunder to ManageCasa thas 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 Services 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 others according to the parameters the User that sets up the property page has set for their micro-community. 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 Services, 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 Services, 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 Services a non-exclusive license to access your Submissions through the Services, and to use, reproduce, distribute, display and perform such Submissions as permitted through the functionality of the Services 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 Services and to the extent that they were downloaded or stored by other Users.
Protection of Content
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 Services, 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 Services 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 Services.
We do not conduct any verification of Users to signup on the Services. 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 Services. ManageCasa does not endorse, is not responsible for, and make no representations as to any businesses that have business pages on the Services 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 Services 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 Services. ManageCasa reserves the right to bar any such activity.
You may not probe, scan or test the vulnerability of the Services or any network connected to the Services, nor breach the security or authentication measures on the Services or any network connected to the Services. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Services, or any other customer of ManageCasa, or exploit the Services or any service or information made available or offered by or through the Services, 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 Services.
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 Services. 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 Services. In connection with your use of the Services and/or in submitting Submissions, you may not and you agree that you will not:
• register for more than one ManageCasa Account or register for a ManageCasa Account on behalf of an individual other than yourself;
• contact a User for any purpose other than related to a business page or a property page on the Services;
• recruit or otherwise solicit any other User to join third-party services or websites that are competitive to ManageCasa, without ManageCasa's prior written approval or include listings or links to third party websites in your Submissions;
• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
• use automated scripts to collect information from or otherwise interact with the Services;
• submit any false or misleading Submissions or information, or submit any information about a property or service you do not intend to honor;
• violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, landlord-tenant laws, zoning restrictions and tax regulations;
• use the Services or Content for any other commercial purposes that are not expressly permitted by these Terms;
• copy, store or otherwise access any information contained on the Services for purposes not expressly permitted by these Terms;
• infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
• interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
• use our Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
• "stalk" or harass any other user of our Services, or collect or store any personally identifiable information about any other user other than for purposes of obtaining answers and providing answers in accordance with these Terms;
• post, upload, publish, submit or transmit any Submissions that: (i) copies someone else's work or infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
• systematically retrieve data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
• use, display, mirror or frame the Services or any individual element within the Services, ManageCasa's name, any ManageCasa trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without ManageCasa's express written consent;
• access, tamper with, or use non-public areas of the Services, ManageCasa's computer systems, or the technical delivery systems of ManageCasa's providers;
• attempt to probe, scan, or test the vulnerability of any ManageCasa system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by ManageCasa or any of ManageCasa's providers or any other third party (including another user) to protect the Services;
• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services; or
• advocate, encourage, or assist any third party in doing any of the foregoing.
ManageCasa has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
ManageCasa may access, preserve and disclose any of your 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 Services or to review or edit any Submissions, but has the right to do so for the purpose of operating and improving the Services (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 that ManageCasa, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services. ManageCasa may suspend or terminate any User account or access to the Services at any time, for violation of these Terms or for no reason.
Third Party Links
The Services 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 Services. For example, if you request to obtain an insurance quote through the Services 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.
Copyright and Trademark Infringements
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 MANAGECASA website and services.
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:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a full list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the website or services, and information reasonably sufficient to permit MANAGECASA to locate the material.
• Information sufficient to permit MANAGECASA to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• MANAGECASA's agent for notice of claims of copyright or trademark infringement on this website or services can be reached as follows:
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):
• Your physical or electronic signature.
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which MANAGECASA may be found, and that you will accept service of process from the person who provided notification of a complaint of allegedly infringing materials or an agent of such person.
Such written notice should be sent to our designated agent as follows:
PO Box 4311
Foster City, CA, 94404
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 Services, or between Users and any third party, 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 our Services. 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."
Warranty Disclaimer. ManageCasa does not make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered through the Services. Any Content or Services offered (whether or not following such recommendations and suggestions) through the Services are provided "AS IS" and without any warranty of any kind from ManageCasa or others. THE SERVICES 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.
Limitation of Liability. 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 (III) 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.
Indemnity. 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 Services (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).
Dispute Resolution and Binding Arbitration Provision
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.
1. Dispute Resolution and Binding Arbitration Provision
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 "Claims" 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 Platform Service(s). 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 Claims submitted this way within fifteen (15) days of receipt.
Agreement to Arbitrate; Right to Opt Out. If informal efforts to resolve Claims fail or are not used, User agrees that any and all Claims will be resolved exclusively by binding arbitration as described herein, except that: (i) User may assert Claims in a small claims court in the United States if User's Claims meet the court's jurisdictional requirements; and (ii) either party may pursue Claims 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 Claims 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 Platform Service(s) 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 Claim(s) between User and us, 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 Platform Service(s) 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
Miscellaneous. 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 Services, 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 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 Services account, in any way (by operation of law or otherwise) without ManageCasa's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.