Last Updated: December 7, 2022
A “Service” is considered to be any housingCrowdfund product or service offered on the housingCrowdfund Platform. In addition to this General Agreement every Service provided by housingCrowdfund has an additional set of terms outlined in the agreement for that Service (the “Service Agreement”). When User subscribes to a Service the User agrees to the Service Agreement for that Service. Before every Login the User agrees to review the General Agreement and the Service Agreements to see if any updates have been made since the User's previous Login. Every time a User enters a Login on the Platform, the User acknowledges reading, understanding and agreeing to all of the terms outlined in the General Agreement and all of the terms outlined in the Service Agreements for any service to which User is subscribed. Every time a Login is made the User is agreeing to the most recent version of the General Agreement and all Service Agreements and any updates that may have occurred to those agreements since the User's previous Login.
housingCrowdfund may make updates to this General Agreement and any Service Agreement at any time without notification to the User and it is the sole responsibility of the User to review the General Agreement and the Service Agreements before each Login to see if any of the agreements have been updated since the User's last Login. The General Agreement and the Service Agreements contain a "Last Updated" entry at the top of the agreement that indicates the last date that the agreement was updated. As long as User has access to a Service the User is considered a “Subscriber” to that Service. All Service Terms, for any Service that the User is a Subscriber, are considered a part of this General Agreement. The Service Terms will govern in any instance where there is a conflict between Service Terms and this General Agreement. If the User is a Subscriber to more than one Service, then the User agrees to all of the Service Agreements for all of the Services to which the User is a Subscriber and all of those Service Agreements are considered a part of this General Agreement.
The General Agreement is made and entered into by and between User and housingCrowdfund and it applies to all User activities on the Platform and any Login made on the Platform. If you have been assigned a username and password by housingCrowdfund then you are considered the User in this General Agreement. A username and password combination (the “Credentials”) assigned to the User are specific to the User and should not be shared with anyone. User agrees not to share the Credentials with anyone and to notify housingCrowdfund if anyone gains access to the Credentials. For businesses that have more than one individual that will use the Platform, each individual who will access the Platform is required to have their own Credentials.
If at any time User has any disagreement with housingCrowdfund regarding this General Agreement or the use of the Platform or any other type of disagreement, and in the case that the disagreement cannot be resolved directly between User and housingCrowdfund, then User agrees to Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association (the “AAA Rules”). User agrees to follow AAA Rules for any type of claim against housingCrowdfund (a “Legal Claim”). User agrees that any Legal Claim will be settled using AAA Rules and all processes and information related to such Legal Claim will be confidential and binding. User agrees that any Legal Claim will be settled individually and not as part of a class action proceeding.
All arbitration hearings will be held in a location that is mutually agreed upon between the User and housingCrowdfund with hearings being held in San Francisco, California if User and housingCrowdfund cannot mutually agree upon another location. The User and housingCrowdfund will choose a mutually selected arbitrator. If User and housingCrowdfund cannot agree upon an arbitrator within ten (10) days of the receipt of a Demand for Arbitration from the User, then User and housingCrowdfund agree to let the American Arbitration Association appoint an arbitrator.
The decision and any award if made that is rendered by the arbitrator shall be final and binding on both User and housingCrowdfund. housingCrowdfund does not waive any rights to any legal action in any state or federal court for any monetary amounts owed to housingCrowdfund by the User. User hereby waives any right to object to the jurisdiction or venue chosen by housingCrowdfund for any claim that housingCrowdfund may bring against the User.
USER UNDERSTANDS AND ACKNOWLEDGES THAT USER IS WAIVING THE RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE AND USER IS WAIVING THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION PROCEEDING INVOLVING housingCrowdfund. housingCrowdfund IS NOT WAIVING ANY RIGHTS TO ANY LEGAL ACTION AGAINST THE USER.
User agrees to indemnify and hold harmless housingCrowdfund and its employees, agents, officers, and directors from any legal claims without limitation (the “Claims”) that arise from the User's use of the Platform and interactions with any housingCrowdfund employees, agents, officers, and directors though any means of communication. User takes sole responsibility for all activities engaged in by the User on the Platform. housingCrowdfund does not review User information or transactions for accuracy or legality. housingCrowdfund assumes all information provided by the User to be accurate and complete and for all transactions to be in accordance with any rule, regulation, or law to which the transaction may be subject. User takes full responsibility without limitation for any information that User has provided that housingCrowdfund shares with any third-party. User represents and warrants that all information provide by User is accurate and complete and that User has the authority to provide any information that User shares with housingCrowdfund through the Platform or any other means of communication.
A “Service Period” is defined as any period of time during which the User is a Subscriber to a Service. Services are paid for in advance for a period that is typically equal to a calendar month and Service Periods and payments may be prorated when a service is started or stopped on any date other than the first of a month. When User subscribes to a Service the User may choose to enter a bank account, credit card, or other allowable form of payment and save that payment information in order to pay future bills automatically (an “Automatic Payment”). User may alternatively choose not to save payment information and make payments when payments are due by entering an allowable form of payment into the Platform to pay a bill or invoice (a “Manual Payment”). If the User chooses Automatic Payment, then the payment method provided by the User (the “Payment Method”) will be charged on or before the date when the Service Period begins. If the User chooses not to enroll in Automatic Payment, instead choosing Manual Payment, or opts out of the automatic payment method after choosing Automatic Payment, then payment for a Service is due before the beginning of the Service Period. Failure to pay for a Service before the beginning of a Service Period will result in the suspension of the service.
Fees for each Service are subject to change without prior notice from housingCrowdfund. For the first month of a Service the Service Payment is due before the service can begin, unless otherwise specified by housingCrowdfund. Once a User has Subscribed to a Service, a monthly invoice for Services will be issued to User prior to the start of the Service Period for which the invoice is due. When an invoice is received the User has the option to cancel any Service included in the invoice. If the User does not cancel the services and has enrolled in automatic payment, then the invoice will be paid in full using the Payment Method on or before the start of the Service Period. By not cancelling a Service before the start of a Service Period the User is agreeing to the fees outlined in the invoice including any increases in fees. If a User has chosen manual payment and does not pay the any fees due before the start of the Service Period for which the invoice has been issued, then housingCrowdfund can cancel the Service at the end of the last day of the last month for which fees have been paid. No refunds will be issued for Service Periods when the User does not use a service.
User agrees to reimburse housingCrowdfund for any taxes that housingCrowdfund is charged by any federal, state, or local government. User also agrees to pay any fees that housingCrowdfund may charge for added products or services that User chooses as part of any Service. Additional charges may include but are not limited to setup fees, processing fees, and special service fees. Fees that are past due are subject to penalties and interest at the maximum rate permitted by law. If housingCrowdfund is unable to collect past due fees, then User is responsible for any attorneys' fees and any other cost of collection as permitted by law.
If User changed to a Service that is more expensive than an existing Service, or adds additional Services, then User is responsible for paying the increased and prorated fee for the present Service Period at the time the change in Service is made. If User makes a change in Service, or cancels one or more Services, then housingCrowdfund has 30 days from the cancellation or change to issue any refunds that result from the change or cancellation. If User chooses to downgrade or cancel a Service, then the change in Service and any subsequent changes in fess will not take effect until the beginning for the next service period.
Use of Services
The only individuals who can make changes to how a Service is administrated are individuals who have been assigned administrative privileges for the business's account. The individual who subscribes a business to its first Service will be designated as the businesses initial Account Administrator (the “Administrator”). The Administrator can assign administration privileges to other users who are subscribed to the business's account. The Administrator can also transfer the role of Administrator to another individual. Only individuals who are legally authorized to enter a business into an agreement and bind the business to that agreement are authorized to be the Administrator for a business's account.
User is responsible for all actions taken through the User's account. Any Login made using the User's Credentials are assumed to be made by the User. The User is prohibited from giving anyone their Credentials and User agrees to take reasonable steps to secure and keep confidential the User's Credentials. If User discovers that someone else has gained access to their Credentials, then User must notify housingCrowdfund immediately. All users on the Site must sign up for their own Credentials. housingCrowdfund has the right to suspend Credentials and bock any Login involving User's Credentials, if housingCrowdfund has any reason to believe that the Login is being used by anyone other than User or if housingCrowdfund discovers that any activity on the Site is in violation of Company Policies.
It is the sole responsibility of the User to provide housingCrowdfund with the information require to provide the User any Service. Failure to provide the information required to provide a Service may delay Service features and such delays are not grounds for refunds of any Service fees. User represents and warrants that User has the authority to provide any information that is entered into the Site by the User or provided to housingCrowdfund through any other means of communication. All Services provided by housingCrowdfund are based on the assumption that the User has provided complete and accurate information. User is solely responsible for the accuracy and completeness of any information provided to housingCrowdfund and for updating any information to ensure that it stays accurate and complete.
User is required to review all information created by housingCrowdfund to ensure that the information is accurate and complete. Any information, including but not limited to payments, reports, filings, and other documents and materials, must be reviewed by User. Any posting of payments or filings or sharing of any documents or information with any individual or organization as part of a Service (a “Post”) will be shared with the User before the Post is transmitted to any other individual or organization. The User is solely responsible for reviewed all information in all Posts for accuracy and completeness. It is the sole responsibility of User to notify housingCrowdfund of any errors in a Post before the Post is made to any individual or organization. housingCrowdfund is not responsible for any errors in any Posts.
Third Pary Information
User is required to provide any and all information that User receives from third parties that could affect any Service provided by housingCrowdfund. User is also required to provide housingCrowdfund with any notices that it receives from any third party regarding any Service that has been provided by housingCrowdfund. Those notices include but are not limited to notice from third parties regarding any errors that they have received involving a Post from housingCrowdfund or Service provided by housingCrowdfund.
User understands that whenever User clicks, taps, or in any other way chooses a button that confirms or submits any information received from housingCrowdfund or provided by housingCrowdfund it has the same effect as User providing a written signature.
In order to verify the User's identity, User gives housingCrowdfund the permission to gather, verify, save, and share User information including but not limited to the User's full and legal name, address, driver's license information, social security number, and any other information that can allow housingCrowdfund to verify User's identity. User also provides housingCrowdfund with consent to request and obtain credit reports for the User and for any business to which housingCrowdfund provides services. housingCrowdfund has the right to refuse any Service to any User for any reason.
Third-Party Products and Services
housingCrowdfund may elect to offer third party products and services or to market third-party products or services through its website or by other means of communication. Any third-party products or services that are presented to User by housingCrowdfund are not meant as an endorsement of those products or services by housingCrowdfund even if housingCrowdfund received compensation for marketing the product or service. Any links to third-party website, promotions, or information that are on the Site are provided by housingCrowdfund only as a convenience and housingCrowdfund does not take any responsibility for any information, claims, or actions related to the third-party. User agrees to take all risk associated with any interactions with third parties.
housingCrowdfund may offer to integrate third-party products and services into the Services offered by housingCrowdfund. User agrees to take all risk associated with using any third-party products or services that may be accessible through an housingCrowdfund service. All third-party products or services are not endorsed or supported by housingCrowdfund. Any access that User has to third-party products or services through an housingCrowdfund service are only provided by housingCrowdfund or integrated into an housingCrowdfund service for the convenience of the User. The User is responsible for understanding all rules, responsibilities, and agreements associated with using any third-party service. User agrees to indemnify housingCrowdfund for, from and against any and all claims made by any third-party whose product or service the User accesses through a Service provided by housingCrowdfund or through the Site.
Some third-party services that are integrated into housingCrowdfund services my require housingCrowdfund to share information with the third-party. By electing to receive third-party services through an housingCrowdfund service, User authorizes housingCrowdfund to share User information with the third-party and receive User information from the third-party. That information can include but is not limited to personal information and business information that can include bank account information or other payment method information for authorizing payments. The User take full responsibility for the accuracy of all information that is shared by housingCrowdfund with any third party as stated in the Indemnification section in this General Agreement.
User takes sole responsibility for all information and content in any format that is shared with housingCrowdfund or entered into the Site or uploaded to the Site or uploaded and stored in any housingCrowdfund database (the “User Content”). User represents and warrants that User owns or has the right to provide all of the User Content that User makes available through the Platform or available to housingCrowdfund through any other means of communication. It is not the responsibility of housingCrowdfund to verify the accuracy or legality of any information presented by the User or posted by User through the Platform and housingCrowdfund is not obligated to review or remove any information posted by User to the Site. However, housingCrowdfund retains the right to review any information provide or posted by the User and share that information with law enforcement in the case of an investigation into the User.
User understands that information removed by the User may not be completely removed and may continue to exist in some format in housingCrowdfund databases or some other storage as a record of User activity. User does not hold housingCrowdfund liable for failure to remove any User information from the Site or delete any User information from any housingCrowdfund database.
User agrees not to copy, use, or share any templates, documents, media, and other material on any page of the Site (the “housingCrowdfund Content”). User also agrees not to provide anyone with access to housingCrowdfund, its Services, or its website through sharing of the User Login or downloads of any Site pages or downloads of content or screenshots of any pages or content. housingCrowdfund and any licensors of any third-party content posted on the Site maintain exclusive ownership of their content and User agrees not to copy, reproduce, or share any of the Site content without the written consent of housingCrowdfund and the written consent any other licensor who has claims to the ownership of the content.
Consent to Receive Messages
User agrees to allow housingCrowdfund and any of its employees and agents to send message to User though email to any email address provided by the user and through text message to any phone number provided by the User. User can opt out of any contact method by changing their contact information or contacting housingCrowdfund to specify preferred methods of communication. However, regardless of User's preferred methods of communication, housingCrowdfund retains the right to use any method to contact that User has provided at any time to contact the User regarding the collection of past due payments, security related issues, or any other issue that housingCrowdfund deems important.
User understands that their Login and any Service may be suspended if User posts any content that the User does not have the authority to post or any content that is considered inappropriate. housingCrowdfund is not responsible for monitoring or reviewing any User posted content on the Site. However, housingCrowdfund retains the right to remove any content from the Site at its sole discretion.
housingCrowdfund may provide User with the ability to sign documents electronically either through an housingCrowdfund signature service or a third-party signature service. When User signs using an electronic signature the User agrees that the electronic signature has the same effect as providing a written signature and that the User has reviewed and verified and agrees to all of the information in the document that the User is electronically signing. It is the responsibility of the User to understand the enforceability of electronic signatures and electronic documents. Some State and Federal laws make electronic signatures unenforceable on some documents and housingCrowdfund does not represent or warranty the validity or enforceability of any document signed by electronic signature.
housingCrowdfund does not guarantee the availability of the Platform. The Platform is subject to service and maintenance outages, loss of data, hacks, corruption, and other vulnerabilities. In ability to access the Platform at any time does not give the User any right to any form of refund of Service fees.
Loss of Data
housingCrowdfund does not guarantee the safety and security of information entered on its platform or stored on any server. Date can be lost, corrupted, or stolen and it is the sole responsibility of the User to maintain backups of all personal and business data that is entered using the Platform or submitted to housingCrowdfund by any other means of communication.
Use of the housingCrowdfund Platform or any housingCrowdfund Service is for process automaton purposes only.
housingCrowdfund does not provide any advice, guidance, or any other consulting services. Nothing on the housingCrowdfund platform or through any housingCrowdfund Service should be considered as providing professional, financial, or legal advice. All information posted by housingCrowdfund through its Platform and through its Services are made available without any warranty or guarantees of any kind and it is not the responsibility of housingCrowdfund to monitor or review the accuracy or legality of any information the User provides or anything produced by housingCrowdfund using User provided information. housingCrowdfund does not guarantee the functioning or reliability of any of its Service or its Platform and any content provided through its Services or on its Platform. housingCrowdfund does not warranty or support or endorse or promote in any way any third-party content on the housingCrowdfund Platform or referenced on the Platform or accessible by hyperlink on the Platform.
Limits on liability
All products and services provided by housingCrowdfund are provided "as is" with no guarantees to safety, security, or accuracy. housingCrowdfund is not responsible for the actions of any User or any User information or User content. User is solely responsible for checking the accuracy of all products or services provided by housingCrowdfund and User takes sole responsibility for ensuring that all information provided to housingCrowdfund and all information included in housingCrowdfund products and services are accurate and complete. Under no circumstances will housingCrowdfund be liable to User for any lost information or data. Under no circumstance will housingCrowdfund be liable to User for any lost revenues or profits arising out of or related to the use of any housingCrowdfund product or service. Any aggregate liability that may arise relating to the use of housingCrowdfund products or services will not exceed the great of $100 or the amount User has paid for housingCrowdfund products and services over the past twelve months.
This General Agreement shall stay in force and full effect as long as User is a Subscriber to any housingCrowdfund product or service. housingCrowdfund has the right to suspend User's access, close any and all User accounts, and delete any and all information associated with User accounts without notice to the User and at any time housingCrowdfund has any reason to believe that User has violated any terms of this General Agreement or for any other reason that housingCrowdfund deems it appropriate to suspend, terminate, or delete any User account and any User information. It is the sole responsibility of the User to keep backups of all information provided to housingCrowdfund and any information generated by housingCrowdfund for the User and at no time does housingCrowdfund guarantee that such information can or will be available to the User by housingCrowdfund. housingCrowdfund does not guarantee or warranty in any way that the information that it receives from the User or generates for the User will be saved or made available at any time in the future. User understands and agrees that all information provided by the User to housingCrowdfund and all information provided to the User by housingCrowdfund can at any time be deleted by housingCrowdfund with housingCrowdfund having the right to maintain or delete all User information at housingCrowdfund sole discretion.
This General Agreement is the entire agreement between User and housingCrowdfund regarding the use of any housingCrowdfund product or service or Platform. This General Agreement supersedes any prior agreements. If any of the terms in the General Agreement are found to be unenforceable, then all remaining terms will remain in full force and effect. Failure to enforce any terms of this General Agreement is not considered a waver of the General Agreement or any of its terms. A Login is not transferrable and should not be used by anyone other than the User to whom it was assigned and as such the terms of this General Agreement are not transferrable. Any and all actions taken through the Login assigned to the User, whether with or without the user's knowledge, are the sole responsibility of the User. If at any time a new Login in whole or part is changed by User or housingCrowdfund or the User is issued a new or additional Login, then all of the terms of this General Agreement apply to the User under the new Login and the action of the User entering any username and password is a defined as a “Login” and constitutes the User agreeing to all of the terms of this General Agreement.