Terms of Services
Starcity Properties, Inc.
Although this document (“Terms” or “Agreement”) forms a legal contract—and inevitably reads like a legal contract— the bulk of the clauses are simply designed to ensure you have a clear idea of how to use our Services, and what you can expect from Starcity Properties, Inc. (“Starcity”, “we”, “us” or “our”). Please read these Terms of Service (“Terms” or “Agreement”) and Starcity Properties, Inc.’s (“Starcity,” “we”, “us” or “our”) fully and carefully before using www.starcity.com (the “Site”) and the services, features, content or applications offered by Starcity Properties, Inc. (together with the Site, the “Services”).
Acceptance of Terms of Service: By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms and all other operating rules, policies and procedures that we may posted on the Site from time to time. Any such posting is incorporated by reference and each of which may be updated from time to time without notice to you. Certain of the Services, such as being granted a membership in a Starcity community, may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are also incorporated into these Terms of Service. These Terms apply to anyone who uses our Services, including, without limitation, users who contribute content, information, and other materials or services, registered or otherwise. Eligibility: You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party. Registration: For certain Services, you may be required to register for an account on the Site (“Account”). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. Your Account information may include information that is personal to you, such as your name, email address and phone number (collectively, “Account Information”). You may only provide your own Account Information details. You may not provide Account Information of any third person. You must update your Account Information to reflect any change to your personal details. If at any time any portion of your Account Information is inaccurate or incomplete, or if you otherwise violate these Terms of Service, we may in our sole discretion and without advance notice choose to suspend or terminate your access to Services, your Account or both.
You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You have the ability to delete your Account by sending a request to firstname.lastname@example.org.
You agree to take reasonable precautions and exercise the utmost personal care in all interactions with other users or Members or any other individual you come into contact with through the Services, particularly if you decide to meet such users, Members or individuals in person. You understand and agree that we make no guarantees, express or implied, regarding your compatibility with users, Members or other individuals you meet through the Services, including any fellow Starcity community residents or neighbors. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals. We strongly advise you to use the utmost caution before sharing any personally identifiable information with others, including users and Members. We do not and cannot assure you that it is safe for you to have direct contact with any other individual that you come into contact with through the Services. If you believe that any individual is harassing you or is otherwise using personal information about you for unlawful purposes, we encourage you to first inform local law enforcement authorities, and then to contact us at email@example.com so that we may take appropriate action.
Governing Law and Jurisdiction: These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, including its conflicts of law rules, and the United States of America. YOU AGREE THAT ANY DISPUTE (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) ARISING FROM OR RELATING TO THE SUBJECT MATTER OF THESE TERMS OF SERVICE OR YOUR RELATIONSHIP WITH US SHALL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE WAIVING THE ABILITY TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service. Modification: We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes. Miscellaneous: Entire Agreement and Severability: These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Force Majeure: We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. Assignment: These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent. Agency: No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect. Notices: Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to firstname.lastname@example.org. No Waiver: Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive comLet me pliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives. Headings: The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation. Contact: You may contact us at the following address: Starcity Properties, Inc. 995 Market St., 2nd Floor, San Francisco, CA 94103 Effective Date of Terms of Service: July 14, 2016