Last Updated January 14, 2019
Loftium Inc (Loftium) owns and operates the website www.loftium.com (the Site). The Site, together with all of the materials, documents, text, images, graphics, animation, videos and other information and content (Content) and any and all services provided at the Site, are collectively referred to as the Service.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SERVICE, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO AGREE TO THE TERMS OF SERVICE, THEN DO NOT REGISTER FOR, ACCESS OR USE THE SERVICE OR THE SITE. COMPLETING OUR REGISTRATION PROCESS OR OTHERWISE ACCESSING OR USING ALL OR ANY PART OF THE SERVICE OR THE SITE WILL CONSTITUTE ACCEPTANCE OF, AND CREATE A LEGALLY ENFORCEABLE CONTRACT UNDER WHICH YOU AGREE TO BE BOUND BY, ALL OF THESE TERMS OF SERVICE, WITHOUT MODIFICATION.
Loftium reserves the right, at its sole discretion, to update, modify or replace the Terms of Service (including any Policy), in whole or in part, at any time. Loftium will use reasonable efforts to provide notice of any material change in advance of the effective date of that change. Change notices may be communicated by postings at the Site, by email or otherwise. In any case, you should periodically check the Policies and other Terms of Service for changes. Continued access or use of the Service or the Site following any change to the Terms of Service constitutes your acceptance of those changes. The Terms of Service may not otherwise be amended, as they apply to you, except by a written agreement executed by you and Loftium.
Loftium may update, modify, suspend or terminate the Service (including without limitation, the Site or any Content), in whole or in part, at any time, at its sole and absolute discretion, without liability to Loftium.
Only individuals who are at least 18 years old and who are interested in leasing or renting real estate in the markets Loftium serves are eligible to use or access the Service. If you do not meet these qualifications, then you are prohibited from accessing, registering for or using the Service. By accessing and using the Service, you represent and warrant to Loftium that you meet the foregoing eligibility requirements and that your use of the Service does not violate or conflict with any applicable laws or regulations. However, even if you satisfy the foregoing eligibility requirements, subject to compliance with applicable laws and regulations, Loftium may refuse to offer or continue offering the Service to any person and may change its eligibility criteria from time to time in its sole discretion without liability to Loftium.
Along with the other eligibility requirements set forth above, access to certain aspects of the Service is contingent upon registering for an account on the Site. You may elect to register for an account on the Site to use the Service, at your sole discretion, but failure to register for an account will limit the Service you will be able to access and use.
If you do not register for the Service, you may still visit the Site and use certain general features of the Service (such as, for example, browsing the homepage) but not the most advanced features, like scheduling a tour (Tour) of a property for rent. Even if you do not register for an account, your use of the Site and any portion of the Service will still be subject to these Terms of Service.
If you choose to register for an account, then you will be required to provide Loftium with current, complete and accurate information, as more specifically required by then current procedures and operational prompts. You will be required to provide at least the following information in order to establish your account and register for and use advanced Service features: name, email address, telephone number, and password and certain preferences and permissions. You are required to maintain and update your registration data from time to time, to ensure that it is always current, complete and accurate. You may be required to provide additional information that is necessary to provide you with advanced Service features. This information varies depending on the Service you would like to use.
Loftium may terminate or revoke your account and refuse to permit you to use the Service, at any time, in its sole discretion. You are solely responsible for maintaining the confidentiality of your access credentials and other account information, and you will be solely liable for any and all activities under your account. You agree to notify Loftium immediately of any unauthorized use of your account or any other breach of security related to the Service or the Site.
Fees and Payments.
Loftium currently makes the majority of the Service available without charge. However, each person desiring to use the Service is responsible for procuring all equipment and devices needed to connect to the Service (such as, for example, mobile devices, computers, Internet services and cellular data services), and is also responsible for the safety and security of such equipment and devices.
Not Affiliated With Airbnb.
Loftium uses the property short-term rental services offered by Airbnb, Inc. (Airbnb) pursuant to its standard contractual terms, including, without limitation, the terms and conditions set forth on Airbnb.com and any other affiliated websites. Airbnb does not own or control Loftium, in whole or in part. Loftium does not represent or warrant that Airbnb will be its only provider of property short-term rental services, not does Loftium guarantee that it will always be able to obtain those services from Airbnb. By using the Site or the Service, you acknowledge and agree that Loftium and Airbnb are not affiliates or under common ownership or control, and that Loftium shall have no liability whatsoever for the products or services provided or offered by Airbnb.
Loftium will not collect personally identifiable information from any person who is actually known to us to be under the age of 13. If we become aware that a person under 13 has provided personally identifiable information, Loftium will take steps to remove such information and terminate that individual's account, access and use of the Service.
Service Data and Analytics.
Loftium collects, stores, processes and analyzes Service Data (defined below) and produces related Analytics (defined below). Accordingly, whenever you interact with the Service, a variety of technologies are employed to automatically or passively collect Service Data.
The term Service Data means all data and information that are provided by you or collected by Loftium during registration and subsequent use of the Service, and all other data and information about you that are otherwise discerned or collected by Loftium based on your access and use of the Service. For clarity, Service Data includes, but is not limited to: Personal Data; browser type; device type; device identifiers; operating system; time of day; identification of Site page views; use of particular Service features (such as, for example, viewing or responding to real estate listings). At no time will an application produced by Loftium in connection with the Service access, collect or store any of the personal contacts or photographs or any other information stored on your device without your permission.
The term Analytics means user profiles and statistics, metrics, abstractions and other analyses that are based on or derived from the Service, Service Data and/or your use of the Service (including without limitation, measurements of Service usage and performance), which are developed in a manner that does not disclose the identity of any user (such as, in the aggregate with other data, results and measurements) and that does not disclose any specific Service Data (unless in aggregated or de-identified form).
You hereby authorize Loftium to collect, store and use your Service Data (and to exploit Analytics) in the manner and for the purposes described in these Terms of Service, including without limitation, to: use Service Data to communicate with you (including by email); include, copy, disclose, distribute, transmit and display Service Data in communications between you and others who provide products or services related to the Service (Professionals) that have been engaged in connection with the Service; access, record, collect, copy, store, process, analyze and use Service Data to provide the Service (including with regard to the use of Personal Data in messaging between you and Professionals); develop, improve, extend and test the Service (and underlying technology platforms); to design, develop and produce Analytics; market and promote Loftium and the Service using Analytics; and disclose, distribute and transmit Analytics to Professionals and other third parties.
Forums and User Content.
The Site includes generally available blogs where users may post user-supplied content (User Content) that relates to Loftium-supplied Content or that otherwise is of interest to them (including without limitation, information related to Professionals). You agree not post any confidential content or other information that you should or desire to keep secret, and acknowledge that all User Content you post will be publicly available.
Loftium does not undertake to pre-screen, authenticate, validate, monitor, moderate or edit any User Content. However, Loftium and its agents have the right, at any time and at their sole discretion, to remove any User Content that, in Loftium's sole judgment, does not comply with the Terms of Service or otherwise appears illegal, harmful, objectionable or inaccurate. Loftium is not responsible for any failure or delay in removing any such content or data.
Because Loftium does not review the substance of User Content, Loftium does not make any representations or warranties whatsoever regarding the User Content. User Content or any other information provided by other users of the Site or Service may, despite the prohibitions set forth in the Terms of Service, be illegal, harmful, inaccurate or deceptive. Furthermore, Loftium cannot verify the identity of every user who submits User Content. Therefore, the purported source of any User Content may not be correct or accurate. By accessing and using any User Content, you acknowledge that all such access and use is at your own risk, and that Loftium has no liability whatsoever for any User Content. Loftium makes no representations or warranties whatsoever regarding any User Content, including, without limitations, representations regarding its completeness, accuracy, source, or fitness for any purpose.
By submitting any User Content, you represent and warrant that any User Content you submit is, to the best of your knowledge, true and correct in all respects. Furthermore, you represent and warrant that any User Content you submit is not subject to any copyright, trademark, patent, or other similar intellectual property rights that would prohibit you from submitting or posting all or any portion of the User Content at issue.
User Rules and Conduct.
The Service is provided only for your own personal use in accordance with these Terms of Service and any other written agreements between you and Loftium (the Authorized Use). Any unauthorized use of the Service (including without limitation, accessing any aspect of the Service for which you are not authorized, or any commercial use by you inconsistent with these Terms of Service or any other written agreement between you and Loftium) is expressly prohibited. You are solely responsible for all acts or omissions that occur under your account and password, including messaging conducted via the Service and User Content posted to or transmitted via the Service.
As a condition of using the Site or the Service, you agree not to use the Service for any purpose that is unlawful, or that is prohibited by the Terms of Service, or for any other purpose other than the Authorized Use. You agree to abide by all applicable laws, regulations and rules that apply to your use and access of the Site or the Service. Without limiting the restrictions on your use of the Site or the Service elsewhere in these Terms of Service or in any other agreement between you and Loftium, you shall not take any action or provide any Service Data or User Content (using any communications service, survey, blog or other aspect of the Service) that in any respect:
Loftium may, at its sole discretion, immediately suspend or terminate your access to the Service should your conduct fail (or appear to fail) to strictly conform to any provision of this section or any other section of these Terms of Service.
Loftium has no obligation to monitor the Service or any user's use thereof. However, Loftium reserves the right at any time and without notice to monitor, review, copy, retain or disclose any information as may reasonably be necessary to satisfy any applicable law, regulation, legal process or governmental request or investigation (including any inquiry from law enforcement).
You may be able to access or communicate with the Service from, and you may be able to link or communicate from the Service to, applications, devices, distribution platforms and websites owned and operated by Professionals or other third parties. These other applications, devices, platforms and websites are not operated or controlled by Loftium, and you agree that Loftium is not responsible for the availability, accuracy, legality, appropriateness or any other aspect of the content or function of such applications, devices, platforms and websites. Any such connection to or from the Service does not constitute or imply any guarantee or endorsement by Loftium of that application, device, platform or website or any association with its operators. Additional or different terms and conditions (including without limitation, privacy and security practices) apply when you access and use such other applications, devices, platforms and websites.
Advertising and Promotions.
At this time, the Service does not include advertisements or promotions for or offers from Professionals or other third parties. However, Loftium reserves the right to add advertisements, promotions, or other offers to the Site or the Service at any time in its sole discretion.
The Service (including the Site, Content and underlying technology platforms) are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, and Loftium (and its applicable affiliates and licensors) shall own and retain all rights, title and interests (including all intellectual property and proprietary rights) therein and thereto. Unless and only to the extent expressly authorized by Loftium, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any part of the Service or Content. However, unless the Service states or implements a different restriction, you may download, reproduce or transmit a reasonable number of copies of Content for your Authorized Use; provided, that you retain all copyright and other proprietary notices or other attribution contained therein. Your systematic retrieval of data or other Content from the Service to create or compile, directly or indirectly, a collection, database or directory is strictly prohibited without Loftium's express prior written permission.
If you desire to access or use the Service or Content for any purpose other than Authorized Use, then you must first secure permission from Loftium or other owner of that Content.
Reproducing, copying or distributing any Content or any design elements from the Site for any other purpose is strictly prohibited without Loftium's express prior written permission, which may be granted or withheld in Loftium’s sole and absolute discretion. Attempting to access or use the Site, Service or Content for any purpose not expressly permitted in the Terms of Service is prohibited.
All rights not expressly granted herein are reserved by Loftium.
User Content License.
Subject to the license granted below, as between you and Loftium, you represent and warrant to Loftium that you own all rights, title and interests (including all intellectual property and proprietary rights) in and to your User Content, and that posting or submitting such User Content on the Site does not violate or infringe upon the rights of any other person or entity, or require the consent of any other person or entity. By uploading, posting, submitting or otherwise distributing User Content of any kind to Loftium, the Site or other aspect of the Service:
You agree not to contribute any User Content unless you have all of the rights necessary to grant the license and make the warranties described above. Furthermore, if you become aware that any User Content you post or submit violates any of the representations, warranties or other covenants set forth in these Terms of Service, you shall immediately notify Loftium in writing of such violation.
If you provide Loftium with any idea, recommendation, suggestion or other feedback regarding possible corrections, changes, improvements or extensions related to the Service or Content (collectively, Feedback), in any form or by any means (whether through the Service or any survey, or by direct communication (e.g., email) with Loftium or any of its officers, directors, employees or representatives), then you:
Loftium may immediately terminate your access to all or any part of the Site or the Service at any time, with or without cause, with or without notice. You may elect to terminate the Service and your Service registration and account at any time by going to the Account in your profile and choosing "delete my account."
Upon any termination, your access to and use of the Service shall automatically cease, and you shall immediately stop accessing and using the Service and Content. However, regardless of any such termination, (a) all obligations that accrued prior to the effective date of termination (including payment obligations, if any) and all of Loftium’s remedies for your breach of the Terms of Service shall survive, (b) Loftium may retain and use Service Data in the manner described herein, but without disclosing any Service Data unless in aggregated or de-identified form and (c) the provisions of those sections of the Terms of Service that should reasonably be understood to continue in effect shall survive (including without limitation, the sections Service Data and Analytics, Proprietary Rights, User Content License, Feedback License, No Warranties, Limitation of Liability and Indemnification). After termination, Loftium has no obligation to maintain any Service Data or User Content.
Please note that the termination of your Service registration and account does not modify, terminate or otherwise impact your or Loftium's rights and obligations under existing written agreements between you and Loftium that have already been entered into, if any. These agreements shall continue in full force and effect according to their terms unless and until terminated by you or Loftium in accordance with their terms.
THE SITE, CONTENT AND ALL OTHER ASPECTS OF THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE SITE, CONTENT AND ALL OTHER ASPECTS OF THE SERVICE ARE PROVIDED BY LOFTIUM WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF ACCURACY, INTEGRATION, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY LOFTIUM. LOFTIUM AND ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS DO NOT WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; (D) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED. USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
THE FOREGOING DISCLAIMERS AND LIMITATIONS ARE SUBJECT TO ANY APPLICABLE LAW, ORDINANCE, RULE OR REGULATION.
Limitation of Liability.
You agree that Loftium (and its affiliates and licensors) shall not be responsible or liable for any unauthorized access to, alteration or use of your account, transmissions or data, or for any material or data sent or received or not sent or received through the Service.
IN NO EVENT SHALL LOFTIUM (OR ITS AFFILIATES OR LICENSORS) BE LIABLE CONCERNING ANY SUBJECT MATTER RELATED TO THE SITE, CONTENT OR OTHER ASPECTS OF THE SERVICE, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGIES, GOODS OR SERVICES, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) DAMAGES, IN THE AGGREGATE, IN EXCESS OF AMOUNTS PAID TO LOFTIUM PURSUANT TO THESE TERMS OF SERVICE FOR YOUR USE OF THE SERVICE OR US$100.00, WHICHEVER IS GREATER, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS HEREIN AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED IN THESE TERMS OF SERVICE.
THE FOREGOING DISCLAIMERS AND LIMITATIONS ARE SUBJECT TO ANY APPLICABLE LAW, ORDINANCE, RULE OR REGULATION.
Release and Waiver.
You release, waive, and promise never to assert against Loftium, its affiliates, licensors, and business partners, any claim related to or resulting from (i) your use of any User Content (including any information about you) posted by any other user or (ii) your access to or use of the Site or the Service, excluding any such claim that may be asserted under any other written agreement between you and Loftium or that may not be waived under any applicable law.
At your cost and expense, you agree to indemnify, defend and hold harmless Loftium, its affiliates and licensors and its and their officers, directors, employees, contractors and representatives (Indemnitees) against any action or suit that arises out of any transaction or other dealings between you and any other user or any Professional, your use or misuse of the Service, or your breach of any of your representations, warranties or covenants under the Terms of Service, including, without limitation, any related fees, costs and expenses (including without limitation, penalties and reasonable attorneys' fees). In addition, Loftium reserves the right to assume the exclusive defense and control of any matter subject to the foregoing indemnity, in which event you will assist and cooperate with Loftium in asserting any available defenses.
You hereby expressly consent to the transmission, collection, storage, processing and use of your Service Data (including Personal Data) to, from and within the United States, in addition to the country where you are located (if not the United States). Loftium makes no representation that the Service is accessible, appropriate or legally available for use in locations within or outside the United States, and accessing and using the Service (including with regard to the provision, collection or processing of Personal Data and other types of Service Data) is prohibited from territories where doing so would be illegal. Your use or access of the Service from any location whatsoever, within our outside of the United States, shall be at your own initiative and risk, and you are responsible to comply with all laws, ordinances, rules and regulations applicable to your use of and access to the Site and the Service.
Governing Law; Arbitration.
A printed version of the Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Service (including any Policy) to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Loftium agree that you must commence any claim or cause of action arising out of or related to the Service within 1 year after the claim or cause of action arose. Otherwise, you are permanently barred from asserting any such claim or cause of action.
The Terms of Service shall be governed by and construed in accordance with the laws of the State of Washington, USA, excluding its conflicts of law rules. In the event of any conflict between US and foreign laws, regulations and rules, US laws, regulations and rules shall govern. Neither the United Nations Convention on Contracts for the International Sale of Goods nor any implementation of the Uniform Computer Information Transactions Act in any jurisdiction shall apply under these Terms of Service.
Except that either party may seek an injunction or other equitable relief from any court of competent jurisdiction, all disputes between the parties arising out of or in relation to or in connection with the Terms of Service shall be settled by binding arbitration in accordance with the JAMS streamlined arbitration rules and procedures then in force, by one neutral arbitrator appointed in accordance with the rules. The arbitration shall take place in Seattle, Washington, USA. The proceedings shall be in English, all evidence shall be in English (or translated into English) and the governing law shall be as set forth herein. The arbitrator's decision shall be in writing and shall comply with all terms and conditions in the applicable version of the Terms of Service. The decision and award rendered shall be final and binding on both parties. The parties acknowledge and agree that the Terms of Service and any award rendered pursuant hereto shall be governed by the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Judgment on the award may be entered in any court of competent jurisdiction.
ANY ARBITRATION UNDER THESE TERMS OF SERVICE WILL TAKE PLACE ONLY ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS OF SERVICE, YOU AND LOFTIUM ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.
Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Service, including without limitation, this section.
The Terms of Service (including all then current Policies) are the entire agreement between you and Loftium with respect to access, use and operation of the Service, and supersede all prior or contemporaneous communications, proposals and agreements (whether oral, written or electronic) between you and Loftium with respect to the Service. However, these Terms of Service shall be read in conjunction with any other written agreement between you and Loftium. If there are any inconsistencies between these Terms or Service and any other written agreement between you and Loftium, the terms of any written agreement executed by you and Loftium shall control. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remainder of such provision and the remainder of the Terms of Service will otherwise remain in full force and effect and enforceable. Any such severed provision shall be enforced to the maximum extent permitted by applicable law.
Your rights and obligations under the Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with Loftium's prior written consent. Loftium may subcontract, delegate, assign or otherwise transfer any or all of its rights, licenses and obligations hereunder without your consent. All waivers, consents and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of the Service or Terms of Service, and neither party has any authority of any kind to bind the other in any respect. All notices under these Terms of Service will be in writing, in English and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail or express courier, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email.
Copyright and Trademark Notices.
The Terms of Service, the Site and all Content provided by Loftium are copyright © 2016-2019 Loftium Inc and/or its licensors or suppliers.
LOFTIUM™ is the trademark of Loftium. The names and logos of companies, products or services mentioned in the Terms of Service, at the Site or in any Content are be the trademarks or service marks of their respective owners, and shall not be deemed to create any endorsement or association between Loftium and such owners.
If you have any questions regarding the Terms of Service or your dealings with the Service, please contact us at:
Attn: Terms of Service
1101 E Pike St, Suite 201 Seattle WA 98122
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