Membership privileges are granted by Shared Address to individuals exclusively and are granted specifically to the subscribing registered member only. No employee, independent contractor, agent, or affiliate of a competing real estate information service is permitted to access any of the Password Protected Areas of the Shared Address web site without express written permission from Shared Address. Membership rights cannot be assigned, sub-licensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of Shared Address. Shared Address requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the Shared Address system. Members are not permitted to share their individual login information with others. Shared Address has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, refuses to abide by the Listing Policies as posted and displayed on the Shared Address website, or abuses their rights related to the Shared Address service. Upon registration, which is free for members seeking an apartment to share, Customer becomes a Member. A Member seeking apartment space to share may conduct searches of the Shared Address available apartment space listings Service, and can access a subset of results referred to as Match Results, matching the Customer’s designated search parameters. Upon registration for Customers who want to list available apartment space to share, Customer becomes a Member. A Member who lists their apartment space to share on the Service will agree to pay a fee designated on the “List your apartment” page of the SharedAddress.com website. Customer’s listings will only become part of the database of listings to be utilized in the Match Results analysis of Customers seeking apartment space to share. Upon registration for Customers who elect to use the Shared Address service, Customer becomes a Member.
Shared Address utilizes email as a vital and primary communication channel with customers. As a registered user, Customers hereby acknowledge and grant Shared Address the permission to communicate with customers via email (as well as other communication channels such as phone and fax) for any purposes Shared Address determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. Shared Address will use best efforts to honor Customer’s request to opt out of marketing messages, but under no circumstances will Shared Address have any liability for sending any email to its registered users/customers. By becoming a member of Shared Address, Inc., you acknowledge and agree that Shared Address, Inc. may record telephone and other electronic communications it has with you for Shared Address, Inc.’s internal business purposes, including but not limited to training and quality assurance purposes.
Submission and Administration of Listings
Listings that are not renewed at the conclusion of the customer-elected Plan period will be automatically eliminated from, and are no longer viewable, on the SharedAddress.com website. Customer agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each listing data to Shared Address unless the Customer has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the shared apartment space on the Customer’s website or on Shared Address’ website. Specifically, Customer will not submit a photograph if Customer received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph on the Shared Address website. The Company may, in its sole discretion but without any obligation to search for such, remove listings that are alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Customers who are alleged to have submitted listings or other information in violation of this Agreement. The Company will, in its sole discretion, terminate the membership of, and refuse service to, any Customer who repeatedly or knowingly violates this Agreement. Customer agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active shared apartment space listings on the Shared Address website. Additionally, the Customer agrees to allow submitted shared apartment space listing(s), or any part therein, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer’s website, the Shared Address website and other Shared Address partner websites. The Company shall have the sole authority to choose the manner in which any listing will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Shared Address website and Company shall have the right to modify the shared apartment space listing in the exercise of its rights under this Agreement. The Customer (a) represents and warrants that all Shared Office space listings and associated information provided by the Customer will be accurate; (b) agrees that the Customer will not permit the posting of a shared apartment space listing on the Shared Address system under a name other than the entity with the full legal authority to post the listing; (c) agrees to administer the listing provided by the Customer and maintain their accuracy at all times. The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the listings posted on the Customer’s website or on the Shared Address website. The Company accepts no responsibility for checking the accuracy of information submitted by the Customer. While the Company shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to Shared Address. Shared Address may add digital watermarks to certain parts of your listing, including photographs. We add these digital watermarks to protect against the copying or further distribution of your photographs without your permission.
Use of Information
Customer agrees to treat all information obtained from the Service, including listings, and any information otherwise made available to Customer in the Service (individually and collectively, the “Content”) as proprietary to Shared Address. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of Shared Address. Shared Address does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer’s own risk. Customer may access the active shared apartment space listings in the Service solely to obtain initial information from which further evaluation and investigation may commence.
Shared Address listing information is PROVIDED SOLELY FOR GENERAL INFORMATION, AND DOES NOT CONSTITUTE REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED BY Shared Address, CUSTOMER SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
Customer shall limit access to and use of Shared Address’ active shared apartment space listings and member directory to personal and internal use, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to Customer in the Service, for or in connection with any other listing service or device. Customer further shall not use the Service in any other manner for or in connection with any other listing service or device. Customer shall not use the Shared Address Service as part of any effort to compete with Shared Address, including without limitation using the Shared Address Service to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential Shared Address customer, nor shall Customer remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the Shared Address Service. Customer shall not use any robot, spider or other automated process to monitor, data mine or copy Shared Address products, services or information; de-compile, decode or reverse engineer Shared Address software; or use Shared Address products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory or other illegal purposes. Customers violating these specific terms, specifically those customers searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership and will be assessed an excessive use fee of $500.
Passwords/Logins Members, registered users and Customers are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under your account, login or password. Shared Address is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, login information or password and/or failure to comply with the terms and conditions set forth in the Membership Privileges, Use of Information or Ownership and License Grant sections of this agreement that relate to confidentiality of account, login or password information.
Customer agrees to pay for all products ordered through the Shared Address web site or via the Shared Address sales team using the payment method indicated, and provides Shared Address express authorization to charge said fees to the Customer’s payment provider at time of purchase or renewal. Fees owed depend on the specific type and quantity of Shared Address products and services ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered products and services. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, Shared Address may immediately cease to provide any and all products and services to the customer. The fees paid are non-refundable, regardless of whether the listing is terminated prior to the end of the then-current billing period.
If Customer has a question about a charge, Customer should contact the Shared Address Client Services at support@SharedAddress.com or at 888-999-0039. The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Customers of any such changes.
It is the Customer’s responsibility to promptly provide Shared Address with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made online via the “Manage Profile” link once Customer has logged into www.SharedAddress.com. Shared Address does not validate all credit card information required by the Customer’s payment provider to secure payment.
The Customer must notify Shared Address about any billing problems or discrepancies within 90 days after charges first appear on their Account statement. If it is not brought to Shared Address’ attention within 90 days, Customer agrees to waive their right to dispute such problems or discrepancies.
Unsolicited Commercial Email (Spam)
Shared Address prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). Customers may not use the Email Member service or other email services that Shared Address offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. Shared Address has the right to revoke the privileges of any customer or company that breaches these terms.
Shared Address reserves the right to terminate a Customer’s membership at any time without prior notice with or without cause. Cause for termination includes, but is not limited to, breaches or violations of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by you, discontinuance or material modification of Shared Address services, nonpayment of fees owed by you in connection with Shared Address services, account inactivity or technical or security issues. Upon termination, Shared Address shall have no obligation to maintain or forward any content in your account.
Ownership and License Grant
Shared Address retains all rights (including Intellectual Property Rights as defined below), title and interest in the Shared Address Web site, Shared Address Space List, brochures, database, Proprietary Matching System technology, and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Shared Address products and services hereunder. Customer will not and will not allow others to: reverse engineer, de-compile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of Shared Address’ technology or delete or alter author attributes or copyright notices. Customer shall use the Shared Address system solely for their own use and shall not allow others to use the Shared Address system under or through that Customer’s login ID/email and password.
Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
Limitation of Liability and Indemnification IN NO EVENT SHALL Shared Address BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE CUSTOMER ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF Shared Address’ SERVICES, OR CUSTOMER’S FAILURE TO KEEP CUSTOMER’S LOGIN AND/OR PASSWORD SECURE AND CONFIDENT) ARISING OUT OF THIS AGREEMENT. Customer’s exclusive remedy, and Shared Address’ entire liability under this Agreement shall be a refund to Customer of the fees paid to Shared Address hereunder, and in no event will Shared Address’ liability for any reason exceed such fee. Shared Address (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer’s use of the products and services, and Customer shall indemnify Shared Address (and Shared Address’s officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other than Customer arising from Customer’s use or application of the products or services. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.
THE LISTINGS AND SERVICES OF SHARED ADDRESS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. SHARED ADDRESS MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS OR SHARED ADDRESS CUSTOMER PROVIDED INFORMATION, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND SHARED ADDRESS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBERANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. SHARED ADDRESS MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO SHARED ADDRESS’ SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM SHARED ADDRESS’ WEB SITE, INCLUDING LISTINGS AND SERVICES ARE ACCESSED AT CUSTOMER’S OWN DISCRETION AND RISK, AND CUSTOMER WAIVES ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO CUSTOMER’S COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SHARED ADDRESS OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
Maps and Directions Disclaimer
Links to Third Party Sites
Other Rights of Shared Address, Inc.
Customer agrees that Shared Address shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet for unrestricted use by Shared Address customers and partners. Shared Address shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. Shared Address shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Listings. Shared Address reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on Shared Address’ web site, located at http://www.SharedAddress.com.
If you believe that your work has been copied onto Shared Address in a way that constitutes copyright infringement, please provide Shared Address’ copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Shared Address that your copyrighted material has been infringed.
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on Shared Address, with identifying information for the listing, if applicable;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Address for Shared Address’ copyright agent:
940 Lincoln Road, Suite 314
Miami Beach, FL 33139
Attn: Rick Tuckerman
We may forward any notice(s) of alleged infringement pursuant to this Section to the person(s) who provided the allegedly infringing content.
This Agreement, and the products and services provided by Shared Address, shall be governed by the laws of the State of Florida, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Dade County, Florida for the adjudication of any disputes or claims arising out of and/or related to this Agreement. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect.
This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sub-licensed or otherwise transferred by Customer without the prior written consent of Shared Address, which retains the right to withhold consent in its sole discretion.
Waiver and Severability
The failure of Shared Address to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, Customer agrees that the remaining terms and provisions remain in full force and effect.
All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Chief Financial Officer at Shared Address.
The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.