Introduction and Agreement
These Terms & Conditions of Service (“Terms”) apply to the services offered by Perchin LLC (“perch’n®” and “ppx”) in connection with the perch’n® website at perchn.com and related mobile applications (separately and collectively, the “Site”). Any individual (“You”) who visits, views, accesses or uses any version of the Site, including through a bot or other automated means, who may be identified as “Renter” or “User” or “Roommate” or “Property Manager” or “Landlord” or an “Agent” of a Property Manager or Landlord' or an “Advertiser” or a “Buyer” or a “Seller” or a “Broker”, is bound by these Terms. These Terms form an “Agreement” between Perchin LLC (“perch’n”® or “ppx” or “We” and “Us”) on the one hand, and You as an individual or any corporate or business entity that You represent (collectively, “You” or “Your”) on the other hand. We provide for Your use the perch’n® and the ppx application and service (collectively referred to as the “Service”), which shall mean the Internet web pages, screens, documentation, spreadsheets, photographs text, images, software, data, databases, organization, design and other content and information of any kind that are accessible through the Service, as well as all updates, enhancements and modifications of the Service, and all intellectual property contained through the Service. In addition, the meaning of Service shall include all correspondence, emails, and attachments to emails or data sent by the Service. For clarity in this statement, the Site is included in the Service.
You acknowledge: that (1) these terms govern your use of the Site and (2) these terms constitute a binding contract between You and Us, even though they are digital and not physically signed by You an Us. By using the Service,You represent and warrant that You are at least eighteen (18) years of age and You hereby agree to be bound by all of the following provisions of these Terms, which form a legally binding contract between You and Us. You further represent and warrant that You are not a competitor of perch’n® or ppx or any of its affiliates. If You do not agree to these Terms, You are prohibited from accessing the Service and must immediately discontinue such access. By accessing the Service, You consent to the collection and use of certain information, as specified in the Privacy Statement.
The Site and Service if for Advertising and Information Purposes Only
The Site and Service is an online advertising and information service for renters, roommate seekers, landlords, property managers, agents of landlords and property managers, advertisers and property investors and brokers who are engaged in the rental housing market near college campuses, including renters advertising furnishings or other housing related items for sale. To clarify, (1) We do not broker, lease, or sublease apartments directly and is not a party to any transaction between landlords (including, as applicable, property management companies and/or property managers or brokers/agents of companies or managers) and renters; perch’n® and ppx are not licensed real estate brokers/agents and do not provide real estate brokerage services in connection with property listings, and (2) perch’n® and ppx do not provide mortgage brokerage services, insurance brokerage services or and any other brokerage services.
As a result, perch’n® does not (a) guarantee or ensure any rental housing or any transaction between a renter and a landlord, between a renter and a property manager or between a renter and an agent for the owner or property manager, or between a renter and an advertiser or between a landlord or an agent of a landlord and an advertiser or (b) collect or process payment or execute any lease or sublease documentation on behalf of renters, landlords or agents of landlords, or (c) broker, lease, or sublease or offer to broker, lease or sublease, or own any housing. You are strongly encouraged to personally inspect any housing advertised for rent prior to: signing any lease documentation; providing personal information such as a social security number on a lease application; or wiring or otherwise sending money for any deposit, rent payment or application fee. By using the Service, you acknowledge that published rents and availabilities are subject to change at the sole discretion of the property owner or manager or agent representing the listing at any time and without further notice. As ppx is not a broker, notwithstanding use of ppx in connection with the buying and selling of real estate properties, any real estate transaction is governed by legal documents and the terms agreed to between the Seller and the Buyer. Please note: ppx is not a party to and is not responsible for any real estate transaction. See statements for “Terms of Service of perch’n® Property Management” and “Terms of Service for ppx” for more further specific notice on these services and applications on the Site.
All information and content available on the Service and Site (collectively, 'Materials') is protected by copyright and other intellectual property laws. The Materials are owned by perch'n®, ppx and Perchin LLC. You may not copy, reproduce, sell, license, publish, distribute, modify, display, perform, combine, create a derivative work from, otherwise use any portion of the Materials in any other way or for any other purpose without our prior written consent except for reposting on social media using the clearly defined social media sharing icons on the Service and Site.
You are on notice that perch'n® and its affiliates do not endorse, sponsor or guarantee any linked websites and we are not responsible in any way for any advice, content, information, practices, products or services related to or made available through such linked websites unless we make an explicit endorsement for a specific product. Users are encouraged to do their own due diligence in regard to all information from third-party websites, including any that may be endorsed by us.
The Site employs third-party Application Interfaces (“APIs”) in order to provide valuable services to our users. Any time that You choose such a third-party service, You acknowledge that while using the API, You are subject to the terms and conditions of that API.
Claims of Copyright Infringement
As perch'n®, ppx and Perchin LLC respect the intellectual property rights of others, we ask those posting or transmitting any Content to or through the Site to do the same. If You believe that your work has been copied and/or infringed on this Site, you may notify perch'n® according to the notice requirements of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) ('DMCA') by sending the following information to the DMCA Registered Agent either by mail to Perchin LLC, P.O. Box 93 Harriman, N.Y 10926 or by email to email@example.com
- A description of the copyrighted work that you claim has been infringed;
- Identification of the material you claim is infringing, including a description of where such material is located;
- Your address, telephone number, and e-mail address;
- Asigned statement that the information in your notice is accurate, that you havea good-faith belief that the identified use is not authorized by the copyright owner, its agent, or the law, and under penalty of perjury, that that you arethe copyright owner or are authorized to act on the copyright owner's behalf.
You acknowledge that the Materials includes certain trademarks, service marks, and other indicia of source (together “Marks”) that are owned by perch'n®. You agree not to copy, use, infringe or dilute the Marks. You further agree that You will not alter or remove any Mark, copyright notice or other notice from the Materials or any copy thereof. The perch'n® and ppx names and logos are trademarks of Perchin LLC.
All software contained in this Site ('Software'), is owned by Perchin LLC and is protected by copyright and other intellectual property laws, as well as international treaty provisions. Any unauthorized access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.
If You operate a website and wish to link to the Site, You must link to the Site's home page (www.perchn.com) and/or You may also link to other pages found on the Site given that no manipulation to the canonical URL has occurred specifically, but not limited to, the addition or removal of any unique values, parameters or subfolders needed to render a page on the Site. However, perch'n reserves the right to disavow, reject or terminate any links to the Materials or the Site.
By submitting ads, photos, descriptions, data, or other information ('Content') to the Site in connection with a listing, You hereby grant to perch'n®, ppxand its affiliates, and its parent and related companies a royalty-free, perpetual, irrevocable, nonexclusive, fully transferable, fully sublicenseable right and license to copy, modify, display, distribute, perform, create derivative works from, store, and otherwise use and exploit all such Content in any form, media, software or technology of any kind now existing or developed in the future. You further grant to perch'n, ppx and its affiliates, and its parent and related companies, a royalty-free right and license to use Your name, image and likeness in connection with the reproduction or distribution of the Content. This Site may offer opportunities for Users 18 years of age and older to submit Content that express their opinions and share their ideas, for example in a chat format ('Opinion Content'). Reliability of any Opinion Content nor its accuracy is not endorsed by perch'n®, ppx and its affiliates. If You decide to submit Opinion Content, please use Your best judgment and be respectful of other individuals. By posting or submitting Opinion Content, You agree to abide by these Terms of Service. You may not use the Site to engage in any Prohibited Activities (as defined below). Uploading copyrighted or other proprietary material of any kind on the Site without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability.
Rights Reserved by perch’n® and ppx
Given the nature of the Site and the volume of messages and postings, except as otherwise provided in these Terms of Service or other applicable terms, perch'n® and ppx cannot and do not monitor all of the Content posted or transmitted by You and other third-party information providers. However, perch'n® and ppx reserves the right, in their sole discretion, to monitor, refuse to publish, remove, delete, move or edit any Content without notice, at any time for any reason. By using the Site,You expressly agree that perch'n® and ppx (a) will not be liable for any claims, actions or judgments arising out of or related to any Content and (b) may monitor, refuse to publish, remove, delete, move or edit any Content without notice at any time for any reason, without liability and without providing a refund. You further expressly agree that You are solely responsible for any and all Content You submit to the Site.
You hereby represent, warrant and agree that (a) You have all necessary authority, rights and permissions to submit the Content to the Site, (b) the Content does not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or any other intellectual property or other right of any third party, including any rights of privacy or publicity, (c) the Content and Your use of the Site does not and will not violate any applicable federal, state, or local law or regulation including, but not limited to, any fair housing laws or regulations or applicable real estate licensure or brokerage regulations, or cause injury to any person, (d) the Content is complete, truthful, accurate and not misleading, (e) the Content has not been submitted in order to mislead, deceive or defraud or seek to mislead, deceive or defraud any other User of the Site, and (f) You will not mislead, deceive, defraud, seek to mislead, deceive or defraud, make any misrepresentations to, or seek to make misrepresentations to, any other User of the Site. You acknowledge that these representations concern facts that are material to perch'® and ppx. You agree to release, defend, indemnify and hold perch'n®, ppx and its affiliates, licensors, and their respective officers, directors, employees, agents and contractors harmless from and against any and all claims, costs, demands or expenses, including attorneys' fees, arising from (i) any distribution, publication, refusal to publish, removal, deletion, movement, editing or other use of the Content You provide,(ii) Your use of the Site or any reliance on the Materials, (iii) Your breach of these Terms of Service or (iv) any actual, prospective or terminated sale, lease or other transaction between You and a third party.
These activities are prohibited on the Site and You agree that you shall not engage in these and similar activities. You will not:
- submit Content that is patently offensive to the online community, such as content that reflects or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- engage in activity or submit Content that could be harmful to minors;
- engage in activity or submit Content that harasses or advocates harassment of another person;
- engage in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” to others;
- engage in activity, submit Content, or promote information, that is fraudulent, false, misleading, inaccurate and/or constitutes a misrepresentation, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- submit Content that contains restricted or password-only access pages, or hidden pages or images;
- submit Content that displays pornographic or sexually explicit material of any kind;
- submit Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- engage in activities or submit Content that solicit passwords or personally identifiable information from others for unlawful purposes;
- engage in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes;
- use the Site's lead forms and/or toll-free numbers to advertise or promote products and services to perch'n® advertisers or to solicit perch'n® advertisers in any manner;
- use any robot, spider or other automatic device, or a manual process, to access, monitor or copy web pages or the Materials contained in the Site or for any other unauthorized purpose;
- use any device, software or routine to interfere or attempt to interfere with the proper working of the Site;
- decompile, reverse engineer, disassemble or otherwise attempt to obtain the source code for the Software; or
- take any action that imposes an unreasonable or disproportionately large load on hardware and software infrastructure utilized by perch’n® or ppx.
Compliance with Fair Housing Laws
All Content is subject to federal fair housing laws, which make it illegal to indicate in any advertisement any preference, limitation, or discrimination because of race, color, religion, sex, physical or mental disability, and/or familial status. Your state jurisdiction may also prohibit any preferences based on sexual orientation, marital status, ancestry, source of income, or other criteria. If You have any question about the fair housing laws and housing discrimination in general, please call Your local fair housing agency or the U.S. Department of Housing and Urban Development. For a list of all fair housing groups, go to the Housing Rights Center's website a www.hud.gov.
Add a Rental Listing Terms of Service
By adding a rental listing for an eligible property through the Site’s Free Listing service (“perch’n® Property Management”), you acknowledge and agree to add this listing in compliance with these Terms of Service and additional terms, which are available at perch’n® Property Management Terms of Service, at http://perchn.com/my-property-manager-terms-of-service/.
Add a Property for Sale Terms of Service
By adding an investment property for sale through the Site’s ppx listing service (“perch’n® Property Exchange”), You acknowledge and agree to add this listing in compliance with these Terms of Service and additional terms which are available at perch’n® PPX Terms of Service, at https://ppx.perchn.com/terms.php#tosppx.
Remedies for perch’n® and ppx in Case of Breach
You acknowledge that any breach of these binding Terms and Conditions, including without limitation the restrictions on competitor access and the sections “Site Material”, “Representations/Indemnity”, and “Prohibited Activities,” or any unauthorized use of the Site, is a material breach of the Agreement and will cause irreparable harm and injury to perch'n® and ppx, for which there is no adequate remedy at law. Thus, in addition to all other remedies available at law or in equity, You agree that in the event of such breach perch'n® and ppx shall be entitled to injunctive or other equitable relief, whether or not liquidated damages are available without the requirement that perch'n® or ppx post a bond. You agree that material breach of these binding Terms and Conditions harms the integrity, functionality, and reputation of perch'n® and ppx; detracts from Users' trust in and use of the Site; and damages the business of perch'n® and ppx. Accordingly, You acknowledge and agree that perch'n® and ppx incurs actual damages, which are extremely difficult or impossible to quantify, as a result of material breach of this these binding Terms and Conditions. For the avoidance of doubt, such damages would not constitute an adequate remedy at law or in any way affect Your agreement that perch'n® and ppx would be entitled to injunctive or other equitable relief in the event of such breach.
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK AND THAT perch'n® AND ppx DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS, THE LISTING SERVICES OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS AND THE RENTING AND FOR SALE LISTINGS SERVICES ARE PROVIDED ON AN “AS IS,”AS AVAILABLE” BASIS, AND perch'n® and ppx SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT. perch'n® AND ppx MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE RENTER OR BUYER OF ANY HOUSING REGARDING ITS EXISTENCE, OWNERSHIP OR CONDITION; AS TO THE ADVERTISED AVAILBILITIES, RENT, LEASE TERMS, SECURITY DEPOSIT, OR APPLICATION FEES, IF ANY; OR AS TO THE ACCURACY OR COMPLETENESS OF ANY FINANCIAL OR OTHER INFORMATION ABOUT ANY HOUSING APPEARING ON THE SITE. perch'n® AND ppx DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. IN ITS SOLE DISCRETION, perch'n® AND ppx RESERVE THE RIGHT, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT. ALL HOUSING IS SUBJECT TO PRIOR LEASE. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING HOUSING MUST BE ADDRESSED WITH THE LANDLORD AND/OR PROPERTY MANAGER PRIOR TO LEASING OF THE PREMISES. Both perch'n® and ppx DO NOT MAKE AND EXPRESSLY DISCLAIM ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU REGARDING THE LISTING SERVICES INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT YOU WILL LEASE OR SELL HOUSING, RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED RENTERS OR BUYERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR HOUSING FOR RENT OR SALE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You.
Limitation of Liability
IN NO EVENT SHALL perch'n® AND ppx BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, THE SOFTWARE, CONTENT, THE MATERIALS, THE LISTING SERVICES, THESE TERMS OF SERVICE OR OTHERWISE (THE “SERVICE”), INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE. IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF perch'n® OR ppx, ITS EMPLOYEES, AGENTS, AND CONTRACTORS FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO perch'n® OR ppx. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN perch'n® OR ppx AND YOU. THE SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM perch'n® OR ppx CREATES ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. Some states do not allow the exclusion or limitation of incidental or consequential damages of implied warranties, so the above exclusion or limitation may not apply to You.
Termination of Service
You understand and agree that in the sole discretion perch’n® or ppx, and without prior notice, Your access to this Site may be terminated or suspended, and perch'n® or ppx may exercise any other remedy available and remove any Content, if it believes that Your use of the Site and/or any Content You provide (a) violates (i) these Terms of Service, (ii) the rights of perch'n®, ppx or another User of the Site or Service, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent or unlawful activity of any nature. You agree that monetary damages may not provide a sufficient remedy to perch'n® and ppx for violations of these Terms of Service, and You consent to injunctive or other equitable relief for such violations without the requirement that perch'n® or ppx post a bond. If Your use is terminated as a result of a determination in the sole discretion of perch'n® or ppx that you have violated the Terms of Service outlined here and elsewhere on this Site, there is no requirement that a refund will be provided to You.
These Terms of Service may be changed at any time and You will be notified of any such changes by an updated posting of the new Terms of Service on this page of the Site. Your continued use of the Site after the posting of any amended Terms of Service shall constitute Your agreement to be bound by any such changes. Without notice or liability, perch'n® or ppx may modify, suspend, discontinue or restrict the use of any portion of the Site. These Terms of Service will be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflicts of law provisions. You hereby agree that any cause of action You may have with respect to the Site must be exclusively filed in the federal or state courts located in Delaware, within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts in Delaware, and waive any objection based on forum non conveniens. As a condition of using this Site, You agree that all causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of these Terms of Service will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect. Failure by perch'n® or ppx to enforce any provision of this Terms of Service will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Service. These Terms of Service and any other terms and conditions or policies applying to Your use of the Site, constitute the entire agreement between the parties regarding the subject matter hereof. Nothing contained herein shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties. Notwithstanding anything to the contrary herein, if you and perch'n® or ppx have entered into a separate written advertising contract, the terms and conditions of such contract shall control with respect to any term that is inconsistent with these Terms of Service. IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES TO THESE TERMS OF SERVICE, PLEASE EXIT THE SERVICE IMMEDIATELY.
© 2018 Perchin LLC.
Last updated: July 24, 2018