“athearth.com” and “AtHearth” are operated by AtHearth, Inc.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OUR SERVICE.
The App Services are provided by AtHearth through the App and may be located on third party websites and/or applications as a link from an add-on service to, or otherwise in connection with, such websites and/or applications provided, sponsored or controlled by third parties. Nothing contained in any of the App Services is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. AtHearth expressly does not guaranty price, terms, products, availability and/or services offered by any advertiser. For all of the App Services, AtHearth is not involved in any transactions between you and any of its advertisers, and as such, is neither responsible for nor guarantees price or performance of any goods, services or information provided by advertisers. By using the App Services, you agree to release AtHearth from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of transactions with third parties.
1. Ownership of Our Content
The materials used and displayed on the App and App Services, including but not limited to text, photographs, artwork, visual graphics, video, music, sound and any other content in any format (collectively, “Content”), as well as trademarks, service marks, logos and names are owned by, and/or are the copyrighted or copyrightable work belonging to, AtHearth and/or its clients, vendors, suppliers, distributors or other entities with whom AtHearth conducts business (“Business Partners”) and such Content is merely licensed to you for your use of the App and App Services. Under no circumstances has any Content been sold to you by AtHearth or its Business Partners.
Furthermore, AtHearth does not assert copyrights (or grant any rights) to the underlying images, data, information, descriptions or other Content related to real estate listings that may be provided through our App or App Services. AtHearth uses these images, data, information, descriptions and other Content, as provided by third party Business Partners, to generate search results for our users in order to facilitate their viewing and ultimately renting, leasing or buying real estate property. Thus, any use of the Content available or made accessible through the App or App Services is subject to the copyright and/or other intellectual property owner's permission and/or the requirements of applicable law. AtHearth does assert copyright and other intellectual property rights in connection with its software, search engine, search results and associated technologies and compilations, as applicable and available by law.
Thus, while AtHearth grants each user a limited license to use this Content as discussed in greater detail below, you acknowledge that this Content is protected by intellectual property laws and other federal and state laws.
2. Use of Your Content
AtHearth and its licensees may publicly display advertisements, promotional material and other information on our App. Such materials may include content posted, published or otherwise displayed on our App by you, may include derivatives of such content, and may be placed anywhere on our App. Users are not entitled to any compensation for such advertisements or promotions.
4. Modification and Removal of Content
We encourage our users to enjoy all the services that we provide on the App and through the App Services, including user-created content and sharing information. User content may not necessarily reflect the opinion of AtHearth. We reserve the right to monitor, screen, edit and/or remove user content on the App at our sole discretion and without notice to you.
Restrictions on Use of the App
1. User Eligibility
2. Registration of a User Account
Users must register to create a User Account either through a third party login (e.g., Facebook) or by creating a User Account through AtHearth. Your User Account is password protected. As a user, you are accountable for the protection of your password and must notify AtHearth immediately in case of unauthorized use of your User Account. In registering your User Account through the App, AtHearth requires that you provide us with basic information including your name and email address. You must provide complete and accurate information; you may not create a fictitious User Account nor impersonate another person. For your User Name, you may create any name as long as you do not impersonate another person.
Upon registering a User Account, you agree to receive communications in connection with the App, including marketing, advertising and updates as to our products and services. You can opt-out of these communications by unsubscribing.
3. Grant of Limited License
AtHearth grants each user a limited license to access the App and the App Services, which expressly does not include the right for any user to do any of the following, which are strictly prohibited:
sell, advertise, market or make commercial use of the App or App Services or any of the Content;
intentionally, systematically, electronically or otherwise collect, gather, mine or extract data, information or any of the Content provided on the App, including but not limited the use of spiders, robots or other data mining and extraction methods;
utilize any method of framing or other technology with the intent to facilitate public access to proprietary Content for any text, images or other Content on the App;
use any components of the Content, App or App Services to operate other applications or services, whether electronic, online or otherwise;
copy, publish, display, disseminate or distribute to any third party any of the Content provided on the App, including but not limited to reproducing or publishing such data, information or any Content on another website, blog, app or publication in any format on any media; or
create any derivative uses of the Content, App or App Services.
Except for the limited license granted to you to use the App and App Services, AtHearth does not convey to you any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of the App, App Services, Business Partner or third party.
4. User Access and Suspension of Accounts
5. User Acknowledgements, Representations and Assumptions of Risk
You acknowledge that, as part of the services on the App, you may access Content provided by third parties, including AtHearth’s Business Partners, relating to real estate listings or other goods or services leased or sold by those third parties. Under no circumstances does AtHearth approve, endorse, confirm, guaranty, attest to the accuracy, reliability, completeness or timeliness of, or sponsor any of these third party listings, goods or services or any of the information, data, images or other Content provided therein.
Your further acknowledge that AtHearth has no responsibility or liability in connection with these listings, goods, services or information. Rather, it is the responsibility of each user to properly vet, research and assess these listings, postings and Content and AtHearth strongly encourages you to do so.
You acknowledge and agree that your use of the App and App Services permits AtHearth to automatically download and install updates from time to time related to the App or App Services designed to enhance, debug or improved upon the App and App Services and may include, among others, new software, new features or functions, new versions and updates to existing versions.
Real Estate Services
AtHearth does not assume any liability or responsibility for the actions, omissions, goods, services or real estate property of any of its Business Partners and/or any real estate professionals. The data, information, images and other Content provided on the App and through the App Services are owned by, and were provided by third parties and not by AtHearth. AtHearth does not and cannot assume any liability or responsibility for the accuracy, completeness or timeliness of any of the real estate Content provided to you through the App or App Services.
THE CONTENT, APP AND APP SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS APP, INCLUDING ALL CONTENT, INFORMATION OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE APP, IS DONE SO AT YOUR SOLE RISK. AtHearth DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE. AtHearth DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, TIMELY, RELIABLE, CURRENT, OR ERROR-FREE. AtHearth IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.
Disclaimer of Responsibility for Any and All Third Party Content
Because you acknowledge that AtHearth is not a publisher of Content supplied by third parties (including its Business Partners) and users of the App , you agree that AtHearth has no more editorial control over such Content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users , are those of the respective author(s) or distributor(s) and not AtHearth. In many instances, the Content available through the App represents the opinions and judgments of the respective information providers or users . AtHearth does not endorse, and is not responsible for the accuracy, completeness, timeliness or reliability of any opinion, advice, statement or offer made on the App by any third party.
AtHearth, ITS CONTRACTORS, LICENSORS OR BUSINESS PARTNERS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR USE OR ACCESS OF, OR YOUR INABILITY TO USE OR ACCESS, THE APP OR APP SERVICES OR ARISING OUT OF ANY ACTION TAKEN IN RELIANCE UPON, IN RESPONSE TO, OR AS A RESULT OF, ANY INFORMATION OR CONTENT AVAILABLE ON THE APP OR ARISING OUT OF YOUR USE OR PURCHASE OF ANY SERVICES OR GOODS LISTED, OFFERED OR MADE AVAILABLE TO YOU THROUGH THE APP.
YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST AtHearth, ITS CONTRACTORS, LICENSORS OR BUSINESS PARTNERS ARISING OUT OF YOUR USE OR ACCESS OF THIS APP OR APP SERVICES.
Choice of Law and Venue