A. This is an Agreement between you and GPSmyCity.com (hereafter “Us”, “We”, “HoodPad”, or “Company”), and this Agreement governs both, your legal rights with regards to HoodPad.com (hereafter “Website”), the Service offered by HoodPad.com.
B. You explicitly and implicitly agree to be bound by the terms and conditions of these Terms each time you access our Website or use our Services. If you do not wish to be so bound, please do not use or access our Website or our Services.
C. We may amend these Terms at any time, by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur, so you are encouraged to check these Terms often.
II. Our Service
A. If you are a home buyer or renter, HoodPad helps you explore and compare neighborhoods you may be considering for settling in. Our Neighborhood Guides showcase neighborhood amenities, such as schools and child care services, shopping centers, restaurants and cafes, entertainment and recreation venues, medical facilities, as well as the housing availability in the area.
B. If you are a real estate agent, you may publish Neighborhood Guides on our Website and receive home buyer referrals from HoodPad.
IV. Account Registration
A. There are three (3) types of access to the HoodPad Website and Service:
2. Member – A User who has registered with our Website;
3. Agent – A Real Estate agent who has registered with our Website and/or who has provided a Neighborhood Guide.
HoodPad requires you to register with our Website as a Member or Agent By registering, you are legally representing that, to the best of your knowledge and belief, your registration information is truthful, accurate and complete.
B. You understand that HoodPad may review your membership before you will be allowed access to the Service. Members/Agents can choose their own user name and password You understand and agree that you are responsible for maintaining the secrecy of your password and for activities occurring under your account You should change your password promptly and notify us if you believe that others are accessing your account To protect yourself and HoodPad, you understand and agree that you will not loan your user name or password to others
V. Right to Refuse Membership
HoodPad has sole discretion in determining whether to accept a Member/Agent for our Service. We may refuse membership to anyone without the need to provide explanation HoodPad has no liability, whatsoever, for such denial or later termination of membership.
VI. Copyrights and Trademarks
A. Unless otherwise noted, all materials, including, without limitation, logos, brand names, images, designs, photographs, video clips, and written and other materials, that appear as part of this Website, are copyrights, trademarks, service marks, trade dress and/or other intellectual property, whether registered or unregistered (hereafter, "Intellectual Property") owned, controlled or licensed by HoodPad.
B. This Website, as a whole, is protected by copyright and trade dress. Nothing on this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on the Website, without the prior written permission of the Intellectual Property owner.
VII. Links to Third-Party Websites
A. Our Website may contain links to Websites owned or operated by parties other than our Company. Such links are provided for your reference only. We do not monitor or control outside Websites, and we are not responsible for their content.
B. HoodPad's inclusion of links to an outside Website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor; nor does HoodPad's inclusion of a link imply that HoodPad is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website.
VIII. Content Disclaimer
A. Postings on the Website are made at such times as we may determine, in our sole discretion. You should not assume that the information contained on this Website has been updated or otherwise contains the most current information. HoodPad does not review past Member or Agent postings to determine whether they remain accurate, and information contained in such postings may have been superseded.
B. THE INFORMATION AND MATERIALS IN THIS WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
C. HOODPAD SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY PROFESSIONAL INFORMATION OR ADVICE YOU ENCOUNTER ON OR THROUGH OUR WEBSITE, AND ANY USE OR RELIANCE ON PROFESSIONAL INFORMATION OR ADVICE IS SOLELY AT YOUR OWN RISK.
IX. No Warranties; Exclusion of Liability; Indemnification
A. THIS WEBSITE IS OPERATED BY COMPANY ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND ITS RESPECTIVE AFFILIATES MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT A WARRANTY, EXPRESS OR IMPLIED. COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
B. COMPANY SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS WEBSITE.
C. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER COMPANY OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEBSITE, THE MATERIALS ON THIS WEBSITE, THE DELAY OR INABILITY TO USE THIS WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL COMPANY LIABILITY, FOR ANY DAMAGE CLAIM, EXCEED $10.
D. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
E. COMPANY MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THIS WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
F. You agree to defend, indemnify and hold Company harmless from, and against, any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of this Website or our Services.
X. Providing Community Content to HoodPad
A. You understand that, as an Agent registered on our Website, you may submit community information content (hereafter “Content”) by using your account on our Website You may include 3rd party works in your Content only if such works are in the public domain or under license, such as GNU or Creative Common
B. Company has the sole right to accept or to refuse submitted Content, with or without reason You can also submit changes to your Content after you have submitted it However, Company has sole discretion in whether to include such changes. You understand that you are solely responsible for any expenses you incur in the creation or maintenance of your Content.
C. Agent agrees to defend, indemnify and hold Company harmless from, and against, any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your submitted Content.
XI. Intellectual Property Rights in the Content Agents Provide
Agents understand that by submitting any Content to Company, you grant us an exclusive, perpetual, non-revocable license in such Content If Company opts to not publish Content you submitted, this license expires after 90 days of the original submission date.
XII. No Royalties in the Content Agents Provide
Agents understand that you will not receive any form of monetary compensation for any Content published on our Website Company will provide you referrals as prospective home buyers attempt to contact you on our Website or using our mobile applications Company explicitly does not guarantee the number of referrals you will receive over any given period of time or that you will receive any referral at all by publishing Content on our Website.
XIII. Third Party Articles
From time to time, the Website may contain articles or other information, from third parties, that we feel may be of interest to Members. While we attempt to provide information that is accurate, we do not represent that all information contained in such articles, or obtained from third parties, is correct. Publication of third party articles shall not be deemed an endorsement by Company. The opinions contained in any such article are not necessarily the opinion of Company.
XIV. Correction of Errors and Inaccuracies
A. The information on the Website may contain typographical errors or inaccuracies and may not be complete or current. We, therefore, reserve the right to correct any errors, inaccuracies or omissions and to change or update information, at any time, without prior notice (including after Agent has submitted Content). We apologize for any inconvenience this may cause our users.
B. Although Company may pre-screen and edit Agent Content, such screening and edits are strictly for quality control, related to spelling, grammatical errors, readability and image quality. Agents are solely responsible for content accuracy.
XV. User/Member Contributions, Testimonials and Opinions
You understand that our Website and any newsletters or emails you may receive from us or our affiliates may include advertisements, user-contributed materials (such as blogs or discussion groups), testimonials and opinions from other individuals, including, but not limited to, Users/Members/Agents of our Website, service providers and other industry professionals You understand and agree that such advertisements, User/Member/Agent-contributed materials, testimonials and opinions are considered those of the individual that gave them and, in no way, represents a warranty of our Services Furthermore, you understand and agree that we are in no way liable for Member and Agent submitted Content, and your reliance on it.
XVI. Rules of Conduct While Using Our Website
A. As a User of our Website, you understand that Content posted by our Agents is the sole responsibility of the Agent from which such Content originated. Users agree that they are solely responsible for all feedback or comments that they upload, post or otherwise transmit through the Website
B. We do not endorse any opinions or advice expressed by any users, ,members and agents of our Services We do not have any obligation to monitor, nor do we take responsibility for, your information, public information or information posted by other Users/Members/Agents.
C. We are not responsible for the monitoring or filtering of any Content or other post Should any Content or post be deemed illegal by such laws having jurisdiction over the User/Member/Agent, we will cooperate with authorities and submit all necessary information to them.
D. If any of Member feedback or comments are reported to us as being offensive or inappropriate, we may demand that Member retract or modify the questionable post within 24 hours of being notified Should Member fail to meet such a request, we have the sole discretion to immediately terminate the Member account, without notification We also have sole discretion to prohibit the Member from rejoining our Website again.
E. We have sole discretion to refuse any content made available on the Website without any explanation We also have the sole discretion to remove any existing content from our Website without any explanation.
F. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, we have adopted a policy of terminating or restricting the functionality of Members, who, as determined by the appropriate circumstances and at our sole discretion, are deemed to be copyright infringers, repeat or otherwise.
G. You understand that you are solely responsible for your interactions with other Users/Members/Agents our Website We reserve the right to monitor disputes between you and other Users/Members/Agents, as are brought to our attention, but you understand that we are in no way obligated to do so.
H. Finally, all users of our Website understand and agree to the following rules of conduct while using our Website, of which we have sole discretion in determining whether you have violated such rules:
2. You agree to not in any way attempt to use any method to gain unauthorized access to any paid features of our Website.
3. You agree to not copy, print (except for personal use), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of our Website, its content, and our Service.
4. You agree to not use our Website or any content obtained from it to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism.
5. You agree to not upload, post, or otherwise transmit any content to Company, our affiliates, our Website, or our Users and Members:
b. That you do not have a right to transmit under any law or under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).
c. That infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party You upload, post, or otherwise transmit any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
d. That interferes with or disrupts the Service or servers or networks connected to the Service, or disobeys any requirements, procedures, policies or regulations of networks connected to the Service.
e. That intentionally or unintentionally violate any applicable local, state, national or international law.
f. That collects or stores personal data about other users, through programmatic or any other means.
g. That promotes or provides instructional information about illegal activities; promotes hate, physical harm or injury against any group or individual; or promotes any act of cruelty to animals This may include, but is not limited to offers of prostitution, the illegal sale of firearms, instructions on how to commit crimes, selling alcohol to minors, etc.
h. That is in any way considered unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
i. That makes publicly available on our Website, any private information of any third party, including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers or credit card numbers.
j. That, in our sole discretion, is objectionable or which restricts or inhibits any other person from using or enjoying our Website or that may expose our affiliates, Agents, Members, users, or us, to any harm or liability.
6. You agree not to use automated scripts to collect information from or otherwise interact with our Services or our Website.
7. You agree not to use our Website or Services to “stalk” or otherwise harass another person, whether they are a user of our Website or not.
8. You agree not to harvest or collect email addresses or other contact information from users of our Website, for the purposes of sending unsolicited emails or other unsolicited communications.
9. For Members, you agree that while we do not claim ownership in any of your comments, feedback or other posts, when you post to our Website, you authorize and direct us to make such copies, thereof, as we deem necessary, in order to facilitate the posting and storage of such content on our Website Also, by doing this, you also automatically grant and warrant that you have the right to grant us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such content for any purpose, on or in connection with our Website or the promotion, thereof, to prepare derivative works of or incorporate into other works, such content, and to grant and authorize sublicenses of the foregoing You may remove your posts from our Website at any time, and if you choose to do so, the license granted above will automatically expire, however, you acknowledge that we may retain archived copies of your posts.
10. For Members and Agents, you agree that your interaction with our Website and use of our Services in no way creates an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship, between you and Company.
11. For Members and Agents, you agree to provide Company with a valid, current email address, both at the time of registration, and to update us, from time to time, when your email changes.
12. For Members, you agree to not attempt to use another Member’s account without direct authorization from that Member and Company.
13. For Members, you agree not to register for more than one Member account, not to register for a Member account on behalf of an individual other than yourself, or not to register for a Member account on behalf of any group or entity, without direct authorization from Company.
XVII. Contacting Us/Feedback, Postings and Communications
A. If you have any questions about these Terms, our Services or the Website, please contact us at info@HoodPad.com.
B. Although Company will, in most circumstances, be able to receive your e-mail or other information provided through this Website (including, without limitation, service requests and other submissions), we do not guarantee that we will receive all such email or other information timely or accurately, and we shall not be legally obligated to read, act on or respond to, any such e-mail or other information. Be aware that Internet email, typically, is not secure.
C. All comments, feedback, correspondence, suggestions, ideas and other submissions, disclosed, submitted or offered to Company, through our Website or otherwise disclosed, submitted or offered in connection with your use of our Website, including, without limitation, postings in any chat room (collectively, "Communication") shall be, and remain the property of Company. Such disclosure, submission or offer of any Communication shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Communication. Accordingly, we will own, exclusively, all such rights, titles and interests, and shall not be limited, in any way, in its use, commercial or otherwise.
D. Company is, and shall be, under no obligation
2. To pay you, or anyone else, any compensation for any Communication; or
3. To respond to your Communication.
E. You agree that no Communication submitted by you to this Website will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Communication submitted by you to this Website will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Communication you make and we are not responsible for any falsehoods or inaccuracies in the information you provide to us, through our Website.
F. You agree that Company may use, and/or disclose, information about your demographics and use of our Website and Services, in any manner that does not reveal your identity. You agree that Company may (but shall not be obligated to) send email to you for the purpose of advising you of changes or additions to our Website, about any of our Services, or for such other purpose(s) as we deem appropriate.
XVIII. Termination/Cancellation of Your Account
A. For Members and Agents, you understand and agree that if you violate any provision of these Terms, Company may, solely at its own discretion, terminate your account In most cases, if Company does terminate your account, we will send you an email stating that your account is being terminated to the email address you have listed in your account profile However, as explained above, there are several circumstances where you may not receive any notice due to the degree of egregiousness of your actions.
B. Should you voluntarily wish to cancel your account, you understand and agree that when you cancel your account with our Services, you are automatically locked out of the Member portions of our Website, and your access to it is immediately terminated.
C. You also understand and agree that if your account is terminated/canceled, you will lose your profile, content and/or other Membership information that you have on file at that time, and that this information cannot be reclaimed or transferred to another account.
A. You agree that the laws of the State of Nevada, USA, govern these Terms and your use of our Website and Services. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Las Vegas, Nevada, USA, in all disputes
2. In which our Website, Services and/or these Terms is an issue or a material fact; or
3. In which our Website, Services and/or these Terms is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization.
B. Use of our Website is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms, including, without limitation, this paragraph and the warranty, disclaimers and liability exclusions, above Company endeavors to comply with all legal requirements known to it, in creating and maintaining our Website, but makes no representation that materials on our Website are appropriate or available for use in any particular jurisdiction. Use of our Website is unauthorized in any jurisdiction where all or any portion of our Website may violate any legal requirements, and you agree not to access our Website in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of these Terms, is at your own risk, and if any part of these Terms is invalid or unenforceable under applicable law, the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision(s) that most closely matches the intent of the original provision(s), and the remainder of these Terms shall govern such use.
C. Any claim, dispute or controversy arising out of, relating to or concerning our Website, Services and/or these Terms, shall be decided by binding arbitration, in accordance with the Rules of the American Arbitration Association, and any such arbitration proceedings shall be brought and held, exclusively, in Las Vegas, Nevada, USA. The decisions of the arbitrators shall be final, binding and conclusive upon all parties involved, and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.
D. You agree that Company may, at any time and without notice, change the terms, conditions and notices under which our Website and Services are offered.
E. Company's performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Company's right to comply with law enforcement requests or requirements, relating to your use of our Website or Services, or information provided to, or gathered by, us, with respect to such use.
G. These Terms constitute the entire agreement between you and Company, with respect to our Website and Services. These Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company, with respect to our Website or Services. No modification of these Terms shall be effective, unless it is authored by us or is physically signed by an officer of our Company. Any alleged waiver of any breach of these Terms shall not be deemed to be a waiver of any future breach. A printed version of these Terms and/or of any notice given by Company, in electronic form, shall be admissible in judicial or administrative proceedings, based upon or relating to, these Terms or your use of our Website or Services, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by us, in printed form.
XX. Advertisements and Promotions
Company may run advertisements and promotions from Agents or other third parties, on our Website. Your business dealings or correspondence with, or participation in promotions of, Agents or other third parties, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Company advertisers on our Website.
XXI. Professional Advertising and Communications
It is solely the responsibility of real estate professionals to ensure that any information or advertisements they post or place on our Website (including, without limitation, any Professional Information), and any communications they may have with prospective clients through our Website or Services, fully comply with all applicable laws and rules of professional conduct, including those concerning the unauthorized practice of real estate agents, and those regulating the form, manner or content of communications with clients, advertising or other related matters.
XXII. Mobile Application Additional Terms
A. The HoodPad Mobile Application is subject to all of the terms and conditions contained in these Terms The Mobile Application is available for electronic handheld devices running Apple’s iOS and Android OS. Company will use reasonable efforts to make the Mobile Application available at all times However, you acknowledge that the Mobile Application is provided over the Internet and mobile networks, and so the quality and availability may be affected by factors outside Company’s control.
B. Company does not accept any responsibility, whatsoever, for the unavailability of the Mobile Application, nor for any difficulty or inability to download or access content or other communication system failure which might result in the Mobile Application being unavailable.
C. Company owns the underlying Mobile Application software code Company grants you a worldwide, non-exclusive, royalty-free revocable license to use the Mobile Application for personal use, in accordance with these Terms.
D. You will not allow third parties, on your behalf, to make or distribute copies of the Mobile Application, nor attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Mobile Application or create derivative works, of any kind, whatsoever.
E. Company reserves the right to amend, modify or remove the Mobile Application from use.
XXIII. Effective Date
These Terms were last updated and became effective on the 23rd day of March 2015.