Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations.
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Propzie website. Our services, platform, Site and Apps are collectively referred to as the "Propzie Platform” (the "Service") operated by Propzie, Inc a Delaware Company (Propzie,” "us", "we", or "our") the User of Propzie Platform is sometimes referred to as "you," "your," "host," or "Guest".
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and certain services of the Propzie Platform” may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions.
If you disagree with any part of the terms, then you must immediately stop using the Propzie Platform.
NOW THEREFORE, in consideration of the mutual covenants and Agreements set forth below and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties covenant and agree as follows:
Owner who utilizes the services holds a vested title to Unit (any property of Owner for which Owner is using the Propzie Platform) or is a co-Owner with authority to enter into this Agreement on behalf of all.
The Owner may list property or properties online, find Tenants and/or Guests, control availability and everything related to the Owner’s abilities on the Propzie Platform.
The Propzie Platform provides services to Owners who register on the Site. The Service assists Owners with properly marketing their Accommodations, including suggesting an optimal price for the listing of an Accommodation.
The Service helps Hosts by interacting with potential Tenants to answer questions and arrange for rentals.
The Loding Platform may also arrange the Service’s Contractors to provide rental management services before, during and after the rental, including scheduling professional cleanings and handling unexpected events such as lockouts.
The Service also provides a centralized dashboard on the Site to Owners to set preferences, listing terms and to monitor and manage their properties.
The Propzie Platform also may assist Hosts with marketing their listings by publishing listings on multiple Third Party Platforms. In addition to these Terms, Owners are subject to the Owner Services Agreement, which is incorporated into these Terms.
You shall NOT use the Propzie Platform (including but not limited to any Submission Areas) to do any of the following:
Owner agrees that Propzie Agents shall have the authority to act as limited agents on the Owner’s behalf solely for the purpose of performing services as provided in this Agreement.
Owner hereby grants to Propzie Agents the exclusive right to act on the behalf of the Owner in providing rental and management services for Unit.
Propzie is hereby authorized to enter into occupancy Agreements conveying the right of exclusive occupancy of Unit to Guests, and collect rents, taxes, and security deposits from Guests on behalf of Owner.
In its sole discretion, Propzie may provide the following services as Propzie Value Added Services to the rental of the Unit:
Cleaning, which may include linen services, is a add service associated with rental of the Unit that is paid for by Owner. The cost of cleaning is established in the sole discretion of Propzie.
Cleaning of the Unit will be accomplished upon the departure of each Guest or Tenant, is limited to ordinary housekeeping, and does not include maintenance, repairs, or replacements of any real or personal property in or about the Unit.
Propzie may provide additional housekeeping and/or linen services as requested by Guest, Tenant or Owner for an additional fee to be agreed to and paid for by the party requesting the additional service. Owner may elect to clean Unit following Owner’s personal use of Unit.
If Owner elects to clean Unit, Owner shall give Propzie 72 hours’ notice of the election. If Owner elects to clean Unit and, on Propzie’s inspection preceding a Guest occupancy, Propzie in its sole discretion deems further housekeeping and linen service is necessary to properly prepare Unit for occupancy, Propzie may perform the services at Owner’s expense and deduct the service fee from the amounts paid to Owner for occupancy.
Propzie maintains accounting records of all receipts, expenditures, disbursements and reservations regarding the operations of Unit, which records will be available for Owner’s inspection on the Propzie Platform.
Propzie agrees to use due diligence in the performance of its services under this Agreement.
A statement record for each month of operation will be delivered by email to Owner by the 1th day of the following month.
A Guest or Tenant during the period of occupancy under a reservation or lease entered into by Propzie can expect Owner will not enter Unit or otherwise disturb the Guest or Tenant without prior written consent from Propzie.
Owner reserves the right to occupy and use Unit for other than rental purposes, except for periods during which Propzie has entered into reservations or leases of Unit with Guests or Tenants.
Owner will not exercise his right to occupy without first giving Propzie a written seven-day notice of intent to occupy which specifies the period of occupancy.
Should Owner interfere with a Guest’s reservation or a Tenant’s lease entered into by Propzie without Propzie’s prior consent, Owner will on demand pay any costs incurred by Propzie to transfer the Guest or Tenant to suitable replacement accommodations.
Owner agrees to the following:
Propzie Platform is not responsible for damage or reasonable wear and tear to your eligible property if the damage is caused by the Guest or Tenant nor is it responsible for any other damage that may occur to your property through the use of any of Propzie Platform’s services.
No other insurance of any kind is included with the contract of services through Propzie unless otherwise specifically provided for and Propzie is not responsible for any of the Owner’s damaged or missing property through the Owner’s use of the Propzie Platform.
Should the Owner decide to purchase insurance to protect the Owner from potential damaged or missing property, Propzie will represent the Owner and obtain Host Protection Insurance that is available to protect the Owner’s property.
In such an instance, the Owner will be protected from damages to the Owner’s property according to the terms of the insurance policy that is obtained on the Owner’s behalf.
Mediante notificação de danos ou perda de itens, a Propzie tentará informar ao hóspede ou locatário específico responsável pelo dano ou perda e fará uma solicitação ao mesmo.
Owner shall immediately report to Propzie any damages to Unit or items of personal property missing from Unit which Propzie did not observe on its previous inspections as each Guest vacated.
Upon notice of damage or loss of items, Propzie will attempt to establish the specific Guest or Tenant responsible for the damage or loss and shall make a demand to the Guest or Tenant.
Propzie shall utilize its best efforts to obtain restitution from the Guest.
Owner, not Propzie, is responsible for the following:
The total gross rent charged each Guest for occupancy of the Unit will be set by Owner. The gross rent amount is the sum of:
Rent include taxes, cleaning fees, other charges for services that are provided by Propzie and charged separately to the Guest at the discretion of Propzie.
Propzie may reimburse itself from gross rents for any costs associated with rental of the Unit, including but not limited to credit card fees, and travel or reservation agent fees.
Rent remaining after deductions for any costs associated with rental of the Unit constitutes net rent. Rent payable to the Owner is the net rent remaining after Propzie is compensated from net rent starting at 1.5% to 18% of the rent for Propzie Value Added and any other amounts due Propzie or others as provided for in this Agreement..
Propzie shall disburse rent payable to the Owner within 5 days of receipt of gross rent from Guest or Tenant, payment of all applicable taxes, security deposits, cleaning fees or other charges, reimbursement of Propzie for any costs associated with rental of the Unit, and compensation of Propzie for Propzie.
Disbursements to Owner shall be deposited into the bank account designated by Owner defined in §9. Payments and disbursements of funds under this Agreement may be made by EFT (Bank Transfer) only.
Propzie shall not bear any responsibility for delays caused by bank procedures or processing time associated with any payment methods.
In the event a Guest or Tenant takes possession of Unit and is moved for any reason to another Unit, the rent collected for the entire length of the Guest’s or Tenant’s stay in both units will be allocated to Host’s Unit pro rata based on the number of nights the Guest or Tenant stayed in the respective units.
In the event a dispute arises with a Guest or Tenant, on or after taking possession of the Unit, and for any reason, which is resolved by a reduction in rent, the gross rent amount shall be the amount collected in settlement of the dispute. This shall not serve to reduce the compensation of Propzie for Propzie Value Added Services, and shall not serve to reduce the amount payable for costs associated with rental of the Unit.
The security deposit collected by Propzie shall be returned to the Guest or Tenant upon cancellation prior to occupancy by Guest due to death, sudden serious illness or injury to Guest or an immediate family member, war, acts of God, government regulations, disaster, civil disorder, failure of transportation facilities or other like emergencies; and/or the expiration of the Guest’s occupancy, less any charges for damage, excessive wear and tear and extra cleaning determined to exist by Propzie on inspection concurrent with the Guest vacating Unit, in compliance with applicable state statutes.
Propzie may refund a Guest’s or Tenant’s rent and security deposit, at the sole discretion of Propzie, without reductions if a reasonable likelihood exists of a continuing dispute or litigation with the Guest or Tenant arising for any reason. In such an event, Propzie is not liable to Owner for unpaid rents.
In the event the collection of rent or an eviction of a Guest shall become necessary, all collection or eviction expenses shall be Owner’s responsibility, including attorney fees.
Propzie makes no representation to Owner about the amount of rental income Owner may anticipate receiving under this Agreement.
However, the rental income from reservations under this Agreement will be derived solely from operations of Unit, there being no pooling of income or expenses with other units.
During the term of this Agreement, Owner may use the Propzie Platform for your personal use only (or for the use of a person, including a company or other organization that you validly represent).
Owner may use the Propzie Platform to request Professional Services solely with respect to a location where the Owner is legally authorized to have Professional Services performed.
Owner may not use the Propzie Platform for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent.
Owner agrees that an order for Professional Services is an offer, which is only accepted when the Owner receives a confirmation of the order.
Owner agreea to treat Professionals courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Professionals to enable them to supply Professional Services.
Owner agrees to communicate any complaints to us and not to the Professionals. Owner agrees to comply with our complaint policies and other policies designated on the Site.
Owner acknowledges that their selected Professional may be unavailable from time to time, e.g. due to illness, vacation or leaving the Propzie Platform. Professionals agree to provide Professional Services in accordance with all applicable laws and regulations and with the Service Agreement.
Os serviços adicionais devem ser acordados e pagos pelo Proprietário, solicitando os serviços adicionais especificados na Plataforma Propzie.
Add-on services are to be agreed to and paid by the Owner requesting the additional services specified in the Propzie Platform.
Propzie's cleaner partners will use their best efforts to maintain all furniture and furnishings in first class condition by periodically eliminating build-up of normal wear and tear imposed on Unit by its occupants, which may require painting and repair, or replacement of such items as light bulbs, fixtures and furnishings.
Propzie add-on service “key exchange” shall provide all personnel necessary to accomplish Guests check-in and check-out, key services, and on-site inspections of Unit both preceding and following each occupancy as add-on services.
Propzie charges $4 (four dollars) as a basic supplies fee to provide the Guest or Tenant with cleaning and linen services, Propzie add-on service “cleaning” shall provide clean Unit on departure of each Guest, limited to ordinary housekeeping operations and excluding maintenance due to damages or wear and tear such as carpet cleaning, laundry of drapes, cleaning of windows and any wall-mounted mirror, or the repair or replacement of property damaged or removed by a Guest or Tenant; and to provide fresh linen services at the beginning of each occupancy under a reservation, which includes bed sheets, bath towels, wash cloths and kitchen towels.
Propzie to provide additional maid services and linen service as requested by Guests or Tenants during their occupancy, or by Owner at the beginning or during Host’s occupancy, for a special services fee to be agreed to and paid by the party requesting the additional services.
Owner may elect to clean Unit following Owner’s personal use of Unit.
If Owner elects to clean Unit, Owner agrees to give Propzie 72 hours’ notice of the election. The cleaning fee charged to Owner for cleaning by Propzie will be discounted 20% from the cleaning fee charged Guests.
If Owner elects to clean Unit on Owner’s vacating of Unit and, on Propzie's inspection preceding a Guest occupancy, Propzie in its sole discretion deems further housekeeping and linen service is necessary to properly prepare Unit for occupancy, Propzie may perform the services at Host’s expense and deduct the service fee from Host’s share of rents.
Propzie shall maintain accounting record of all receipts, expenditures, disbursements and reservations regarding the operations of Unit, which records will be available for Host’s online.
Propzie shall maintain accounting record of all receipts, expenditures, disbursements and reservations regarding the operations of Unit, which records will be available for Host’s online.
Propzie provides a software platform which allows you to connect with independent Professionals.
Propzie is not the employer of any Professional. You acknowledge that we do not supervise, direct, or control a Professional’s work or Professional Services performed in any manner.
A Professional provides services to you as an independent contractor, and is not an employee, joint venture, partner, agent, or franchisee of Propzie for any purpose whatsoever.
Use of Lockbox. Propzie provides lockboxes to eligible Owners based on geography and booking appointment history.
However, Propzie is only sourcing or providing Owners with lockboxes. Propzie has no information about the lockbox codes except for the information inputted by Owner via the Propzie Platform at Owner’s option.
Propzie strongly recommends changing the lockbox code after each service. Owner assumes full responsibility for changing the lockbox code after each service and protecting the identity of the lockbox code from third-parties. Owner further covenants and agrees that you will not misuse or abuse the lockbox in anyway.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that:
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
We are constantly updating product and service offerings on the Service.
We may experience delays in updating information on the Service and in our advertising on other web sites.
The information found on the Service may contain errors or inaccuracies and may not be complete or current.
Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Services billing cycles are set on a weekly basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Propzie, Inc cancels it.
You may cancel your Services Subscription renewal either through your online account management page or by contacting Hausroof Realty Group LLC dba Propzie Home Services’ customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription.
You shall provide Propzie with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Propzie to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Propzie Home Services will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Propzie, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Propzie will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your Agreement to pay the modified Subscription fee amount.
In the event that you are given a code through which you may refer a friend to the Propzie Platform in exchange for a referral credit, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded.
By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code.
You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion.
Propzie referral credits are redeemable only for Professional Services. Propzie referral credits have no cash value and are not redeemable for cash unless otherwise required by law.
Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. For questions or additional information, contact us at firstname.lastname@example.org
Except when required by law, paid Subscription fees are non-refundable.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content").
You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service.
However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Propzie has the right but not the obligation to monitor and edit all Content provided by Users. In addition, Content found on or through this Service are the property of Propzie or used with permission.
You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times.
Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account.
You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service.
You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to email@example.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims".
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
What are Cookies?
Cookies are small pieces of text sent to your web browser by a website you visit.
A cookie file is stored in your web browser and allows the Service or a third-party to recognize you and make your next visit easier and the Service more useful to you.
Cookies can be "persistent" or "session" cookies. Persistent cookies remain on your personal computer or mobile device when you go offline, while session cookies are deleted as soon as you close your web browser.
When you use and access the Service, we may place a number of cookies files in your web browser.
We use both session and persistent cookies on the Service and we use different types of cookies to run the Service:
We may use essential cookies to authenticate users and prevent fraudulent use of user accounts.
We may use preferences cookies to remember information that changes the way the Service behaves or looks, such as the "remember me" functionality of a registered user or a user's language preference.
We may use analytics cookies to track information how the Service is used so that we can make improvements.
We may also use analytics cookies to test new advertisements, pages, features or new functionality of the Service to see how our users react to them.
In addition to our own cookies, we may also use various third-parties cookies to report usage statistics of the Service, deliver advertisements on and through the Service, and so on.
What are Your Choices Regarding Cookies?
Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Propzie, Inc. and its licensors.
The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Propzie, Inc.
Our Service may contain links to third party web sites or services that are not owned or controlled by Propzie.
Propzie has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services.
We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Propzie shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
This Agreement shall commence on the sign up date and end on the first occurrence of the following events:
If, on termination of this Agreement, reservations exist for Unit beyond the termination date, then the following applies:
USE OF THE PROPZIE PLATFORM IS ENTIRELY AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PROPZIE PLATFORM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, NEITHER PROPZIE NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE PROPZIE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE;
NOR DO THEY MAKE ANY WARRANTY AS TO ANY CONTENT AVAILABLE IN OR THROUGH THE PROPZIE PLATFORM; NOR DO THEY MAKE ANY WARRANTY AS TO ANY PROFESSIONAL'S REGISTRATION, PROFESSIONAL ACCREDITATION OR LICENSE;
NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PROPZIE PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES, PROFESSIONAL SERVICES, OR ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE PROPZIE PLATFORM OR THIS AGREEMENT.
NEITHER PROPZIE NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PROPZIE PLATFORM (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY Host OR PROFESSIONALS).
NEITHER PROPZIE NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE PROPZIE PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
PROPZIE AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
YOU AGREE NOT TO HOLD PROPZIE, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, "MEMBERS") LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, "LIABILITIES") THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE PROPZIE PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY PROPZIE OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL PROPZIE OR MEMBERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PROPZIE PLATFORM OR ANY SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME.
UNDER NO CIRCUMSTANCES WILL PROPZIE OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PROPZIE PLATFORM OR ANY SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME.
PROPZIE AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE PROPZIE PLATOFRM, THE PROFESSIONAL SERVICES, THE MERCHANDISE OR THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT PROPZIE OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (1) TOTAL FEES PAID BY YOU TO PROPZIE DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. OR (2) $5,000.
PROPZIE AND MEMBERS EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE PROPZIE PLATFORM. THE PROPZIE PLATFORM IS ONLY A VENUE FOR CONNECTING USERS.
TO THE EXTENT THAT THE PROPZIE PLATFORM CONNECTS A USER TO A THIRD PARTY PROVIDER FOR THE PURPOSES OF PROVIDING MERCHANDISE HEREUNDER, PROPZIE WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE PROPZIE FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY SERVICE PROVIDER.
BECAUSE PROPZIE IS NOT INVOLVED IN THE ACTUAL CONTACT BETWEEN USERS OR IN THE COMPLETION OF ANY PROFESSIONAL SERVICE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE PROPZIE AND MEMBERS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.
YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
THE QUALITY OF THE PROFESSIONAL SERVICES AND/OR THE MERCHANDISE SCHEDULED OR REQUESTED THROUGH THE USE OF THE PROPZIE PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THE PROFESSIONAL WHO ULTIMATELY PROVIDES SUCH PROFESSIONAL SERVICES TO YOU AND/OR THE THIRD PARTY MERCHANDISE PROVIDER.
YOU UNDERSTAND, THEREFORE, THAT BY USING THE PROPZIE PLATFORM, YOU MAY BE EXPOSED TO PROFESSIONAL SERVICES AND/OR MERCHANDISE THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE PROPZIE PLATOFRM, AND SUCH PROFESSIONAL, AT YOUR OWN RISK.
NOTHING IN THIS AGREEMENT OR THE PROPZIE PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND.
IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
BY USING THE PROPZIE PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE.
IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE PROPZIE PLATFORM. YOU ACCEPT THAT, AS A CORPORATION, PROPZIE HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES.
YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST PROPZIE’S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE.
WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT PROPZIE'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS PROPZIE.
EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
You hereby agree to indemnify, defend, and hold harmless Propzie, its licensors, and each such party's directors, officers, parent organizations, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys' fees and costs incurred), in connection with or resulting from, directly or indirectly:
Propzie reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification.
You will not, in any event, settle any such claim or matter without the prior written consent of Propzie.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.
If you do not agree to the new terms, you are no longer authorized to use the Service.
We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Propzie Platform or any content or information on the Propzie Platform with or without notice.
We will not be liable to any party for any modification or discontinuance of the Propzie Platform.
By utilizing the services represented by Propzie Home Services, you also agree that neither Propzie nor its agents, officers, Hosts, employees or representatives shall be or become liable for any loss, costs, expense, injury, accident or damage to person or property resulting directly or indirectly from (i) the acts, acts of any person, HOA, Condo Associations, government, city terms or other authorities, or in general from any cause, whether listed here or not, that is beyond the direct control of Propzie.
You acknowledge and agree that you alone are responsible for any and all liabilities resulting from our services.
Accordingly, you represent and warrant that your Unit and the booking of, or a Guest's or Tenant’s stay at the Unit, will not breach any Agreements you have entered into with any third parties, such as a homeowner's association, condominium association, lease or rental Agreements, and will be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, and rules and regulations that may apply to any Accommodation included in our Agreement (including having all required permits, licenses and registrations), and not conflict with the rights of third parties.
Please note that Propzie assumes no responsibility for an Owner’s compliance with any Agreements with or duties to third parties, applicable laws, rules and regulations.
Propzie shall provide services as a liaison between Owner and any Guest or Tenant who may make a claim or have a dispute with Owner, and assist in negotiating the resolution of any such claim or dispute, but shall in no way be responsible for the solution to any such claim or dispute.
Owner agrees to give Propzie a written 30-day notice of Owner’s intent to place the property on the real estate market for sale.
Since it is not feasible to rent Unit while it is on the market for sale, Propzie may choose to terminate this Agreement after notice of the intent to sell.
Owner and his or her sales agent, if any, shall not show Unit to prospective buyers during any occupancy by a Guest or Tenant and will advise prospective buyers of any future reservations created under this Agreement.
Propzie may change the terms for management fees and charges in this Agreement by giving Owners a 30-day notice of change in terms, listing the terms which will apply to this Agreement after the 30-day period.
Propzie shall market and promote Owner’s Unit as a flexible rental, as well as units of other Owners who have also contracted with Propzie to locate Guests or Tenants.
Marketing and promotion of flexible rentals may require Propzie to employ the services of commissionable agents, such as travel and reservation agents, real estate brokers, and publishers, and distribution of brochures, posting of rental signs, or the use of other marketing techniques as Propzie deems appropriate.
Propzie is authorized for promotional purposes to make Unit available on a complimentary basis for up to five days per year to advance meeting planners, tour planners, travel writers, golf/ski/tennis professionals or celebrities and others related to bona fide flexible rental promotional activities.
Complimentary use of each Unit managed by Propzie will be equitably allocated between all units managed by Propzie, and where possible, shall be limited to days when Unit would not be occupied under a reservation.
Propzie shall provide all linens and cleaning services required during the complimentary use and be responsible for any damage to Unit occurring during the complimentary occupancy.
Propzie is authorized to offer promotional discounts from time to time to encourage and increase the occupancy of Unit.
Owner shall maintain a policy of liability insurance coverage for personal injury and property damage occurring on Unit, which policy shall be made available to Propzie on request.
The local taxing agency imposing and collecting transient occupancy taxes periodically audits Propzie's records for payment of these taxes.
In so doing, they obtain the address for Unit and Owner’s name for their records, as well as data on your rental activity or personal occupancy, which may cause an imposition of additional local and federal taxes for non-family occupancies and excess family occupancy.
This Agreement constitutes the entire understanding of the parties, and no other representations, statements, warranties or Agreements exist with respect to the subject matter of this Agreement.
You understand and agree that ALL communications regarding the Propzie Services must be between your local Propzie agent and Propzie's offices. All those signing below hereby certify that they will each, individually and collectively, make every possible effort to insure that neither you nor any other individual contacts any Guest or Tenant to ask questions and/or discuss matters related to this service Agreement but will instead convey all inquiries to your Propzie Agent who shall contact Propzie's office for assistance with the matter.
Before any party to this Agreement files an action on a dispute arising out of this Agreement which remains unresolved after 30 days of informal negotiations, the parties agree to enter into non-binding mediation administered by a neutral dispute resolution organization and undertake a good faith effort during mediation to settle the dispute.
The prevailing party in any dispute shall be entitled to attorney fees and costs, unless they proceed with litigation without first offering to enter into mediation to resolve the dispute. This Agreement shall be governed by the laws of the State of Florida.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire Agreement between us regarding our Service, and supersede and replace any prior Agreements we might have had between us regarding the Service.
All notices and demands under this Agreement between Owner and Propzie shall be emailed and addressed to Propzie Home Services at firstname.lastname@example.org or mailed to 1900 N Bayshore Drive Ste. 1A #138, Miami, FL, 33132 and Owner at Owners’s email or address on the Owner Information Page.
Any notice or demand mailed should be deemed delivered three days after deposit postage prepaid in the United States mail.