Introduction and Agreement
These Terms & Conditions apply to the services offered by Perchin LLC (“perch’n”) in connection with the perch’n website and related mobile applications (the “Site”). Any individual who visits, views, accesses or uses any version of the Site, including through a bot or other automated means (“You”) who may be identified as “Renter” or “User” or “Roommate” or “Property Manager” or “Landlord” on the Site is bound by these Terms of Service. By using the Site, 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 & Conditions, which form a legally binding contract between You and perch’n. You further represent and warrant that You are not a competitor of perch’n or any of its affiliates. If You do not agree to these Terms of Service, You are prohibited from accessing the Site and must immediately discontinue such access.
By accessing the Site, You consent to the collection and use of certain information, as specified in the Privacy Statement.
perch’n is an Advertising and Information Service
The Site is an online advertising and information service for renters, roommate seekers, landlords, property managers and renters engaged in selling or buying furnishings or other housing related items. perch’n does 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) and renters. As a result, perch’n does not (a) guarantee or ensure any rental housing or any transaction between a renter and landlord, (b) collect or process payment or execute any lease or sublease documentation on behalf of renters or 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 Site, you acknowledge that published rents and availabilities are subject to change at the sole discretion of the property owner or manager at any time and without further notice.
All information and content available on this Site (collectively, “Materials”) is protected by copyright and other intellectual property laws. The Materials are owned by perch’n. The Materials are intended for personal and noncommercial use only. You may not copy, reproduce, sell, license, publish, distribute, modify, display, perform, combine, create a derivative work from, re-post or otherwise use any portion of the Materials in any other way or for any other purpose without the prior written consent of perch’n.
The site (or Website) 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
perch’n respects the intellectual property rights of others, and asks 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 perch’n’s DMCA Registered Agent either by mail to Perchin LLC, P.O. Box 93 Harriman, N.Y 10926 or by email to admin@Perchn.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;
- A signed statement that the information in your notice is accurate, that you have a 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 are the 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 name and logo are trademarks of perch’n.
All software contained in this Site (“Software”), is owned by perch’n 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. 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, 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, 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”). perch’n and its affiliates do not endorse the accuracy or reliability of any Opinion Content. 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.
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 cannot and does not monitor all of the Content posted or transmitted by You and other third-party information providers. perch’n reserves the right, in its 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 (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.
perch’n does not accept unsolicited content or ideas for use or publication in its programming or in other digital, electronic or print media except in connection with the Forums, chat rooms and bulletin boards on the Site. perch’n and its affiliates shall not be responsible for the similarity of any of its content or programming in any media to Content or ideas transmitted 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’n. You agree to release, defend, indemnify and hold perch’n, 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.
You shall 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 perch’n’s hardware and software infrastructure.
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 at www.hud.gov.
Add a Listing Terms of Service
By listing an eligible property through the Site’s Free Listing service (“My Property Manager”), you acknowledge and agree to the Add a Listing Terms of Service, which are available at My Property Manager Terms of Service, at http://perchn.com/my-property-manager-terms-of-service/.
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, 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 shall be entitled to injunctive or other equitable relief, whether or not liquidated damages are available without the requirement that perch’n post a bond.
Mp>Material breach of these binding Terms and Conditions harms the integrity, functionality, and reputation of perch’n; detracts from Users’ trust in and use of the Site; and damages the business of perch’n. Accordingly,You acknowledge and agree that perch’n 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 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. perch’n DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS, THE LISTING SERVICE OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS AND THE LISTING SERVICE ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AND perch’n SPECIFICALLY DISCLAIMS 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 MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE RENTER OF AS TO 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 INFORMATION ABOUT ANY HOUSING APPEARING ON THE SITE. perch’n DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. perch’n RESERVES THE RIGHT, IN ITS SOLE DISCRETION, 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 MANAGEMENT COMPANY PRIOR TO LEASING OF THE PREMISES. perch’n DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU REGARDING THE LISTING SERVICE INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT YOU WILL LEASE HOUSING, RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED RENTERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR HOUSING FOR RENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You.
Limitation of Liability
perch’n SHALL IN NO EVENT 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 SERVICE, 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, 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. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN perch’n 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 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 perch’n’s sole discretion, and without prior notice, Your access to this Site may be terminated or suspended, and perch’n 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 or another User, 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 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 post a bond. perch’n is not required to provide any refund to You if Your use is terminated as a result of perch’n's determination, in its sole discretion, that You have violated these Terms of Service.
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. perch’n may modify, suspend, discontinue or restrict the use of any portion of the Site without notice or liability. These Terms of Service will be governed by and construed in accordance with the laws of the Commonwealth 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 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 have entered into a separate written perch’n 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.
© 2016 Perchin LLC.
Last updated: October 24, 2016