Terms and Conditions
Introduction and Agreement
These Terms of Service apply to the services offered by Cribrater, LLC (“Cribrater”) in connection with the Cribrater mobile applications as well as related websites, as well as any publicly available versions that may be offered through a distribution partner (collectively the “App”). You may have arrived at a version of the App from a distribution partner’s website or mobile application, in which case, that partner may be identified at the top of this page. Any individual who visits, views, accesses or uses any version of the App, including through a bot or other automated means, (“You” or “User”) is bound by these Terms of Service. By using the App, You represent and warrant that You are at least eighteen (18) years of age and You hereby agree to be bound by all of the following provisions of these Terms of Service, which form a legally binding contract between You and Cribrater. You further represent and warrant that You are not a competitor of Cribrater or any of its affiliates. If You do not agree to these Terms of Service, You are prohibited from accessing the App and must immediately discontinue such access. By accessing the App, You consent to the collection and use of certain information, as specified in the Privacy Statement.
The App is an online marketplace for apartment hunters and landlords. Cribrater does not guarantee or ensure any apartment or any transaction between a renter and landlord. You are strongly encouraged to personally inspect any apartment prior to: signing any lease documentation; providing personal information such as a social security number on a lease application; or wiring or otherwise sending money for any deposit, rent payment or application fee. By using the App, you acknowledge that published rents and availabilities are subject to change at the sole discretion of the property owner or manager at any time and without further notice. App MaterialsAll information and content available on this App (collectively, “Materials”) is protected by copyright and other intellectual property laws. The Materials are owned by Cribrater and its affiliates, and/or their respective licensors and suppliers (collectively, “Licensors”). The Materials are intended for personal and noncommercial use only. You may not copy, reproduce, sell, license, publish, distribute, modify, display, perform, combine, create a derivative work from, re-post or otherwise use any portion of the Materials in any other way or for any other purpose without the prior written consent of Cribrater. Requests regarding use of the Materials for any purpose other than personal, noncommercial use should be directed to firstname.lastname@example.org.
Claims of Copyright Infringement
Cribrater and its affiliates respect the intellectual property rights of others, and asks those posting or transmitting any Content to or through the App to do the same. If You believe that your work has been copied and/or infringed on this App, you may notify Cribrater according to the notice requirements of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (“DMCA”) by sending the following information to Cribrater’s DMCA Registered Agent by email to email@example.com: A description of the copyrighted work that you claim has been infringed; Identification of the material you claim is infringing, including a description of where such material is located; Your address, telephone number, and e-mail address; A signed statement that the information in your notice is accurate, that you have a good-faith belief that the identified use is not authorized by the copyright owner, its agent, or the law, and under penalty of perjury, that that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
You acknowledge that the Materials includes certain trademarks, service marks, and other indicia of source (together “Marks”) that are owned by Cribrater, its affiliates, Licensors and others. You agree not to copy, use, infringe or dilute the Marks. You further agree that You will not alter or remove any Mark, copyright notice or other notice from the Materials or any copy thereof. The “Cribrater” name and logo are trademarks of Cribrater. Other product and company names herein may be trademarks of their respective owners.
By submitting ads, photos, descriptions, data, or other information (“Content”) to the App, You hereby grant to Cribrater, its affiliates, and its parent and related companies a royalty-free, perpetual, irrevocable, nonexclusive, fully transferable, fully sublicenseable right and license to copy, modify, display, distribute, perform, create derivative works from, store, and otherwise use and exploit all such Content in any form, media, software or technology of any kind now existing or developed in the future. You further grant to Cribrater, its affiliates, and its parent and related companies, a royalty-free right and license to use Your name, image and likeness in connection with the reproduction or distribution of the Content. This App may offer opportunities for Users 18 years of age and older to submit Content that express their opinions and share their ideas, for example in a consumer blogging format (“Opinion Content”). Cribrater and its affiliates do not endorse the accuracy or reliability of any Opinion Content. If You decide to submit Opinion Content, please use Your best judgment and be respectful of other individuals. By posting or submitting Opinion Content, You agree to abide by these Terms of Service. You may not use the App to engage in any Prohibited Activities (as defined below). Uploading copyrighted or other proprietary material of any kind on the App without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability.
Given the nature of the App and the volume of messages and postings, except as otherwise provided in these Terms of Service or other applicable terms, Cribrater cannot and does not monitor all of the Content posted or transmitted by You and other third-party information providers. Cribrater reserves the right, in its sole discretion, to monitor, refuse to publish, remove, delete, move or edit any Content without notice, at any time for any reason. By using the App, You expressly agree that Cribrater (a) will not be liable for any claims, actions or judgments arising out of or related to any Content and (b) may monitor, refuse to publish, remove, delete, move or edit any Content without notice at any time for any reason, without liability and without providing a refund. You further expressly agree that You are solely responsible for any and all Content You submit to the App.
Cribrater does not accept unsolicited content or ideas for use or publication in its programming or in other digital, electronic or print media except as expressly permitted by the App. Cribrater and its affiliates shall not be responsible for the similarity of any of its content or programming in any media to Content or ideas transmitted to the App.
You hereby represent, warrant and agree that (a) You have all necessary authority, rights and permissions to submit the Content to the App, (b) the Content does not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or any other intellectual property or other right of any third party, including any rights of privacy or publicity, (c) the Content and Your use of the App does not and will not violate any applicable federal, state, or local law or regulation including, but not limited to, any fair housing laws or regulations or applicable real estate licensure or brokerage regulations, or cause injury to any person, (d) the Content is complete, truthful, accurate and not misleading, (e) the Content has not been submitted in order to mislead, deceive or defraud or seek to mislead, deceive or defraud any other User of the App, and (f) You will not mislead, deceive, defraud, seek to mislead, deceive or defraud, make any misrepresentations to, or seek to make misrepresentations to, any other User of the App. You acknowledge that these representations concern facts that are material to Cribrater. You agree to release, defend, indemnify and hold Cribrater, its affiliates, Licensors, and their respective officers, directors, employees, agents and contractors harmless from and against any and all claims, costs, demands or expenses, including attorneys’ fees, arising from (i) any distribution, publication, refusal to publish, removal, deletion, movement, editing or other use of the Content You provide, (ii) Your use of the App or any reliance on the Materials, (iii) Your breach of these Terms of Service or (iv) any actual, prospective or terminated sale, lease or other transaction between You and a third party.
You shall not: (a) submit Content that is patently offensive to the online community, such as content that reflects or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engage in activity or submit Content that could be harmful to minors; (c) engage in activity or submit Content that harasses or advocates harassment of another person; (d) engage in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” to others; (e) engage in activity, submit Content, or promote information, that is fraudulent, false, misleading, inaccurate and/or constitutes a misrepresentation, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submit Content that contains restricted or password-only access pages, or hidden pages or images; (g) submit Content that displays pornographic or sexually explicit material of any kind; (h) submit Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (i) engage in activities or submit Content that solicit passwords or personally identifiable information from others for unlawful purposes; (j) engage in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes; (k) use the App to advertise or promote products and services to Cribrater advertisers or to solicit Cribrater advertisers in any manner; (l) use any robot, spider or other automatic device, or a manual process, to access, monitor or copy web pages or the Materials contained in the App or for any other unauthorized purpose; (m) use any device, software or routine to interfere or attempt to interfere with the proper working of the App; (n) decompile, reverse engineer, disassemble or otherwise attempt to obtain the source code for the Software; or (o) take any action that imposes an unreasonable or disproportionately large load on Cribrater’s hardware and software infrastructure.
Compliance with Fair Housing Laws
All Content is subject to federal fair housing laws, which make it illegal to indicate in any advertisement any preference, limitation, or discrimination because of race, color, religion, sex, physical or mental disability, and/or familial status. Your state jurisdiction may also prohibit any preferences based on sexual orientation, marital status, ancestry, source of income, or other criteria. If You have any question about the fair housing laws and housing discrimination in general, please call Your local fair housing agency or the U.S. Department of Housing and Urban Development. For a list of all fair housing groups, go to the Housing Rights Center’s website at www.hud.gov.
Add a Listing Terms of Service
By listing an eligible property through the App, you acknowledge and agree to the following: (a) You represent and warrant that: (i) the property is eligible to be listed within the App; (ii) You own or have the right to advertise the property You are listing; (iii) You have the right to lease the property; (iv) You are willing to lease the advertised property at the price and on any other terms specified in your listing; (v) You will not use the App for any fraudulent, false, misleading or deceptive activity; (vi) all Content that You provide to Cribrater is truthful, accurate and complete and comply with all local, state and federal laws and regulations, including without limitation, fair housing laws; (vii) Uou have all the rights necessary to post Your listings using the App including the Materials contained therein; and (viii) photos You upload to the App will only show the property listed for rent. (b) Cribrater reserves the right to, but is under no obligation to and does not assume any obligation to, review listings added to the App before and/or after they are posted to the App. If Cribrater determines, in its sole and exclusive discretion, that You are engaging in any unfair, deceptive, false, misleading or fraudulent practices, or that Your listing violates any laws or guidelines, Cribrater reserves the right to reject or immediately remove Your listing from the App without notice and without liability, as described above.
You acknowledge that any breach of these binding Terms and Conditions, including without limitation the restrictions on competitor access and the sections “App Material,” “Representations/Indemnity,” and “Prohibited Activities,” or any unauthorized use of the App, is a material breach of the Agreement and will cause irreparable harm and injury to Cribrater, for which there is no adequate remedy at law. Thus, in addition to all other remedies available at law or in equity, You agree that in the event of such breach Cribrater shall be entitled to injunctive or other equitable relief, whether or not liquidated damages are available without the requirement that Cribrater post a bond. Material breach of these binding Terms and Conditions harms the integrity, functionality, and reputation of Cribrater; detracts from Users’ trust in and use of the App; and damages the business of Cribrater. Accordingly, You acknowledge and agree that Cribrater incurs actual damages, which are extremely difficult or impossible to quantify, as a result of material breach of this these binding Terms and Conditions. For the avoidance of doubt, such damages would not constitute an adequate remedy at law or in any way affect Your agreement that Cribrater would be entitled to injunctive or other equitable relief in the event of such breach.
YOU EXPRESSLY AGREE THAT USE OF THE APP AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. CRIBRATER, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE APP, THE SOFTWARE, THE CONTENT, THE MATERIALS, THE APARTMENTS LISTED OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE APP, THE SOFTWARE, THE CONTENT, THE MATERIALS AND THE APARTMENTS LISTED ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AND CRIBRATER, ITS AFFILIATES, AND THEIR RESPECTIVE THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT. CRIBRATER AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE RENTER OF ANY APARTMENT AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE APARTMENT; AS TO THE AVAILBILITIES, RENT, LEASE TERMS, SECURITY DEPOSIT, OR APPLICATION FEES, IF ANY; OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT AN APARTMENT APPEARING IN THE APP. CRIBRATER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. CRIBRATER RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE APP OR IN THE CONTENT. ALL APARTMENTS ARE SUBJECT TO PRIOR LEASE. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING AN APARTMENT MUST BE ADDRESSED WITH THE LANDLORD AND/OR PROPERTY MANAGEMENT COMPANY PRIOR TO LEASING OF THE APARTMENT. CRIBRATER DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU REGARDING THE APARTMENTS LISTED IN THE APP INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT YOU WILL LEASE YOUR APARTMENT, OBTAIN AN ACCEPTABLE RENT FOR YOUR APARTMENT, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED RENTERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR APARTMENT FOR RENT. FOR PURPOSES OF THIS WARRANTY DISCLAIMER, “THIRD-PARTY LICENSOR” DOES NOT INCLUDE YOU. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You.
Limitation of Liability
CRIBRATER, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE APP, THE SOFTWARE, CONTENT, THE MATERIALS, THE APARTMENTS LISTED IN THE APP, THESE TERMS OF SERVICE OR OTHERWISE (THE “SERVICE”), INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE. IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF CRIBRATER, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO CRIBRATER. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN CRIBRATER AND YOU. THE SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CRIBRATER CREATES ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. FOR PURPOSES OF THIS LIMITATION OF LIABILITY, “THIRD-PARTY LICENSOR” DOES NOT INCLUDE YOU. Some states do not allow the exclusion or limitation of incidental or consequential damages of implied warranties, so the above exclusion or limitation may not apply to You.
Termination of Service
You understand and agree that in Cribraters sole discretion, and without prior notice, Your access to this App may be terminated or suspended, and Cribrater may exercise any other remedy available and remove any Content, if it believes that Your use of the App and/or any Content You provide (a) violates (i) these Terms of Service, (ii) the rights of Cribrater, its affiliates, a Licensor, or another User, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent or unlawful activity of any nature. You agree that monetary damages may not provide a sufficient remedy to Cribrater for violations of these Terms of Service, and You consent to injunctive or other equitable relief for such violations without the requirement that Cribrater post a bond. Cribrater is not required to provide any refund to You if Your use is terminated as a result of Cribrater’s determination, in its sole discretion, that You have violated these Terms of Service.
These Terms of Service may be changed at any time and You will be notified of any such changes by an updated posting of the new Terms of Service on this page of the App. Your continued use of the App after the posting of any amended Terms of Service shall constitute Your agreement to be bound by any such changes. Cribrater may modify, suspend, discontinue or restrict the use of any portion of the App without notice or liability. These Terms of Service will be governed by and construed in accordance with the laws of the State of New York without regard to its conflicts of law provisions. You hereby agree that any cause of action You may have with respect to the App must be exclusively filed in the federal or state courts located in New York County, New York, within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts in New York County, New York and waive any objection based on forum non conveniens. As a condition of using this App, You agree that all causes of action arising out of or connected with this App shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of these Terms of Service will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect. Failure by Cribrater to enforce any provision of this Terms of Service will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Service. These Terms of Service and any other terms and conditions or policies applying to Your use of the App, constitute the entire agreement between the parties regarding the subject matter hereof. Nothing contained herein shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties. Notwithstanding anything to the contrary herein, if you and Cribrater have entered into a separate written Cribrater advertising contract, the terms and conditions of such contract shall control with respect to any term that is inconsistent with these Terms of Service. IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES TO THESE TERMS OF SERVICE, PLEASE EXIT THE SERVICE IMMEDIATELY. ©2018 Cribrater, LLC Last updated: February 14, 2018