These Terms of Service ("Terms") govern your access to and use of FreeHouse, or any FreeHouse mobile applications or related websites, including the functionality or content provided therein ( collectively, the "Services") as provided by FreeHouse, LLC (FreeHouse, LLC, a Limited Liability Corporation, collectively with its agents, representatives, consultants, employees, officers, and directors, “FreeHouse”, “we”, or “us”), and any videos, information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the site or the Services, registered or unregistered, you, the person visiting this Site, (“you”, “User”, “Owner”, or “Guest”) agree to be bound by these Terms. If you are accessing the Services as an agent, property manager, or other representative of a legal entity or property owner, you represent and warrant that you have the authority to bind that legal entity or property owner to the terms of this agreement. THIS IS A BINDING LEGAL AGREEMENT BETWEEN YOU AND FREEHOUSE. IF YOU DO NOT AGREE, YOU MAY NOT USE THE SERVICES.
You may use the Services only if you can form a binding contract with FreeHouse under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. We reserve the right at any time to limit or discontinue a User’s access to the Services if, in our sole discretion, such User has violated any of these Terms and Conditions.
FreeHouse reserves the right to modify these Terms at any time. The most current version can be found at http://freehouse.com/Terms. If a revision, in our sole discretion, is material we will notify you via posting notice through the Services or by notification through email to the email associated with your account. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us by deleting your account and discontinuing use of the Services. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
2. Use of the Services
What We Do:
FreeHouse was created by backcountry explorers for backcountry explorers. Our aim is to share travel and experiences through providing access to off the grid accommodations. We are a service provider only, connecting Users so they may rent out or reserve properties, and, as such, we are not parties to any agreements between Owners or Guests, nor are we insurers. FreeHouse provides rental listings and facilitates rental bookings for Users.
The term “Owner” may include the legal owner of the property, or any other authorized property manager, agent, or representative.
When you submit a property to rent through FreeHouse, you represent and warrant that you are an Owner with the legal authority to do so and to accept these Terms and Conditions with respect to the legal owner if you are acting as an agent.
The term “Guest” may include any individual using the Services, registered or unregistered, who searches property listings, submits booking inquiries, or reserves a property through the Services. Guests represent and warrant that they are capable of legally entering into a binding contract with FreeHouse and with Owners, that they have not misrepresented their identity, and that any booking inquiries submitted by them are valid.
A User is any individual or organization accessing the site or Services in any manner.
Agreements Strictly between Owners and Guests
FreeHouse is not a party to any agreements between Owners and Guests. By using the Services, you agree that any legal remedy or liability you seek related to the actions or omissions of other Users or third parties, including, but not limited to Listings, will be limited to a claim against the specific User or third party. You agree not to seek legal remedy from FreeHouse or involve FreeHouse on any theory of liability with respect to such actions or omissions. We do not own or manage any properties listed on our Services and we specifically disclaim any and all liability related to any and all Listings or premises represented by Listings, including, but not limited to, the safety of the premises, the fitness of the premises, the legality of the premises or the actions or omissions of Owners or Guests, including the accuracy of Listings, as defined herein below. Separate terms and conditions, rental contracts, or waivers may apply to some reservations and purchase of travel-related goods and services that you select. Please read these terms and conditions carefully. You agree to abide by the terms or conditions of purchase imposed by any Owner or other supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the Owner or supplier's rules and restrictions regarding availability and use of accommodations, products, or services. By using our Services, both Owners and Guests agree to be bound by and abide by all local rules, codes, laws, licensing requirements, tax requirements, zoning ordinances, safety and compliance laws or regulations, or any other governing code that may pertain to the property. Owners further agree to use best practices to safeguard personal or financial data or information that they may obtain through the course of business in accordance with legal or regulatory requirements. We may share information with respect to Users if required, in our sole discretion, due to legal or administrative proceedings.
Claims on Security Deposit or Damages
Owners must state in their listings the amounts of any security deposits or other fees, including cleaning fees or any other applicable fees. Owners are strongly encouraged to use rental agreements and ensure that Guests execute such agreements. The terms of the rental agreement must not conflict with listing terms. If an Owner retains a security deposit or makes any other claim for damages, any such claim is between Owner and Guest and FreeHouse is not a party to nor an arbiter of any such claim. FreeHouse does not provide insurance or any other method of guarantee, and is not liable for any loss or damage to the property, injuries to Guests, or any other type of loss or damages. We encourage all Owners to carefully review any insurance policies held to determine coverage in case of loss or damage. Some homeowner policies may not cover rental or other commercial activities, and FreeHouse provides no underwriting, guarantee, or other insurance to Owners should the property incur damage or casualty. By using the Services, Owners represent and warrant that they either have or will obtain and that they will maintain appropriate insurance coverage which adequately covers their property prior to accepting any bookings through the Services.
Cancellation policies are set by Owners and are not controlled by FreeHouse. Owners must include the cancellation policy in the listing. In the case of any cancellation, FreeHouse cancellation fees work as such:
Cancellation, full refund due: If a renter cancels before the cancellation period and receives a full refund, they forfeit the 12% reservation and 3% transaction fees paid. The owner will be refunded the 3% transaction fee from FreeHouse.
Cancellation, partial refund due: If a renter cancels within the cancellation period and receives a partial refund, they forfeit the 12% reservation and 3% transaction fees paid. FreeHouse will retain the 3% transaction fee.
Cancellation, no refund: If the renter cancels and receives no refund, FreeHouse retains the 12% reservation fee and 3% transaction fee. The owner retains their rental fee.
If the owner must cancel a reservation, the renter is refunded 100%. FreeHouse refunds the 12% reservation fee and the 3% transaction fee to the renter. The owner refunds the rental fee. *FreeHouse will charge the owner a 3% transaction fee, as that is a hard cost to us.
Rental contracts provided by Owners must conform to Listing details, but in the event a rental agreement conflicts with the Listing details, Owners are solely liable for any such discrepancy and Guests agree to hold harmless FreeHouse and its affiliates. If a rental contract is required, Owners must disclose the terms of the rental contract and transmit the agreement through the FreeHouse Services once the Owner accepts a rental. We encourage Owners who utilize rental contracts to ensure they receive a signed contract prior to approving the booking and charging the Guest.
Owners agree to respond to any booking requests within 24 hours. Owners further agree to use commercially reasonable efforts to process authorized payments from Guests within 24 hours.
In order to accept rentals, all Owners must register for a merchant account (the “Merchant Account”) through the third party provider linked by the Services. Owners solely control the Merchant Account and all disputes, including, but not limited to, damages, security deposits, cancellations, processing fees, chargebacks, etc., are strictly between Owners, Guests, and the third party provider. FreeHouse is not a party to transactions between Owners and Guests. FreeHouse fees for our Services are determined on a percentage scale of the total rental amount. The fees for our Services are determined at the time of booking and such fees are subject to change. We will list the fees on the site or disclose the fee structure in other communications with Owners. Owners collect the rental fees directly from Guests according to the terms of the Listing and any other rental agreement or conditions imposed by the Owner, and remit the service fees due to us. Service fees are applied to all rental transactions facilitated through FreeHouse. FreeHouse does not access, obtain, or retain any financial data with respect to Users and we disclaim all liability with respect to any such data or information.
By using the Services, you acknowledge and accept that, except for tax obligations due on the amounts we retain for our Services, FreeHouse is not liable for and does not collect taxes for remittance to applicable taxing authorities. Owners must submit a valid W-9 contemporaneous with creating a Listing. Owners are responsible for collecting and remitting any applicable taxes. FreeHouse does not act as a co-vendor with the Owner with whom Guests make reservations. Taxability and the appropriate tax rate vary greatly by location and Owners, by using the Services, represent and warrant that they are liable for and will remit all applicable local, state, federal, or other taxes due on any transaction through the Services. FreeHouse does not and is not liable for calculating appropriate tax rates on transactions and Owners, by using the Services, agree to hold FreeHouse harmless for any tax which may be imposed by any regulatory authority and to indemnify FreeHouse for any such taxes.
3. Content on the Services
Our Services are driven, in part, by content created and submitted by users and by content created by us. Collectively, the term “Content” for purposes of these Terms means, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, comments, information, data, text, software, files, graphics, and interactive features which may be generated, provided, made accessible, or transmitted by FreeHouse or a User through the Services. As such, Listings, reviews, and any other information appearing on the Services are Content.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services, including Listings. Nor do we endorse any opinions expressed via the Services. Under no circumstances will FreeHouse be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any infringement, loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
When a User submits Content, understand that you are taking responsibility for such Content. You are responsible for your use of the Services and for the consequences of any Content you provide. This includes the use of your Content by other users and our third party partners. Your Content must not infringe on intellectual property rights held by any other party. Your Content may be syndicated, broadcast, distributed, or published by our partners. If you do not have the right to submit Content for such use, it may subject you to liability. FreeHouse will not be responsible or liable for any use of your Content by FreeHouse in accordance with these Terms. When you submit Content, you represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any Content that you submit.
Our Rights to User submitted Content
You retain ownership rights to Content you submit, post or display on or through the Services. However, when you transmit, post, or display Content through the Services, you grant us a license to the Content. The license is an irrevocable worldwide, universal, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), modify, create derivative works, publish, transmit, display, and distribute such Content in any and all media or distribution methods now known or unknown. This license includes the right for FreeHouse to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with FreeHouse for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by FreeHouse, or other companies, organizations or individuals who partner with FreeHouse, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
Our Rights to Content created by Us
We retain all rights to all Content created by us, including, but not limited to photos, text, graphics, video, and collective presentation of Content, whether user created or created by us (“FreeHouse Content”).
Your Rights to Content
FreeHouse gives you a revocable, personal, non-assignable and non-exclusive license to use the site, including Content and FreeHouse Content, as part of the Services. Such license only extends to use on our Site for the purposes designated herein, including, but not limited to, renting, listing, reviewing, or other appropriate usage. You may use the Services solely in accordance with these Terms. Any rights not expressly granted to you are reserved to FreeHouse, including all right, title, and interest in and to the Services and any Content therein, which are protected by copyright, trademark, and other laws of both the United States and foreign countries. All other usage is expressly forbidden unless granted in writing by us. Therefore, Owners do not have the right to use any FreeHouse Content or other Content in any manner other than on our Services. Owners may not link to the FreeHouse Content, nor may they duplicate the FreeHouse Content for usage on any other site.
Owners may submit photos, descriptions, requirements, or other pertinent details describing property (“Listings”). Such Listings must conform to our requirements and may be altered or edited by us to conform to such requirements. We may also provide photos, text, or other details for Listings. Notwithstanding the foregoing, FreeHouse is not responsible for the accuracy or validity of any Content or Listings or for breaches of contract with respect to Listings or rentals. Owners are responsible for reviewing all Listings and information therein regarding their property for accuracy. Owners are solely liable for any misrepresentations or inaccuracies with respect to their Listings. When an Owner submits a property for Listing, the Owner represents and warrants that the property, and the rental thereof, is in compliance with all local or national codes or laws, and that such Listing does not breach any other agreements.
Listings must include price, general location, cancellation policy, security or damage deposit, any other rental agreement terms, and all associated fees, deposits, and deposit schedules. Owners must review all such Listings for accuracy as Owners are solely responsible for their Listings even if FreeHouse has contributed photos or text to such listings. FreeHouse does not represent or warrant that any of the copy, content, reviews, locations, suitability, pricing, or
availability information on the Site is accurate or updated. We do not assume the obligation to verify location or accuracy of any such Listings. We do, however, encourage Users to notify us if a property does not match the Listing criteria. Rental agreements provided by Owners must conform to Listing details, but in the event a rental agreement conflicts with the Listing details, Owners are solely liable for any such discrepancy and Guests agree to hold harmless FreeHouse and its affiliates. Listings may not include identifying information or links to other sites. Although Listings may not contain outward links to other sites, Owners may link inbound to FreeHouse from other sites. Additionally, Owners must offer the property at the same rental price as the price offered on any other sites for the same property. If a rental agreement is required, Owners must disclose the terms of the rental agreement and transmit the agreement through the FreeHouse Services once the Owner accepts a rental. We encourage Owners who utilize rental contracts to ensure they receive a signed contract prior to approving the booking and charging the Guest.
Limitations on Use
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, FreeHouse computer systems, or the technical delivery systems of FreeHouse providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by FreeHouse (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with FreeHouse; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services; (vi) copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the Content in any way; (vii) use the Site for any purpose other than to research or advertise rentals or to make legitimate inquiries to Users; (viii) transmit false or fraudulent information, including, but not limited to, making a reservation or inquiry under false pretenses; or (ix) direct Users to listings offered on alternative sites or attempt to solicit or book through other means. Such list is not exhaustive and we reserve the right to ban any User who, in our sole discretion, uses the Site for contrary purposes.
Changes to Services
FreeHouse may change the form and nature of the Services that we provide at any time without prior notice. In addition, FreeHouse may discontinue or suspend Services (or any features within the Services including Content) to you or to Users generally at any time without notice. FreeHouse also retains the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
4. Account and Passwords
Certain features or Services offered on or through FreeHouse or third parties linked to FreeHouse may require you to create an account, including setting up a login ID and password (“Account”). You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your Account. Should you suffer or expect loss, theft, or unauthorized use of your Account, you must notify us immediately. We encourage you to use care and appropriate security measures when choosing a password to be used with your Account and with other accounts that you may connect to your FreeHouse Account. You may not use anyone else’s Account at any time without the express permission and consent of the holder of that Account. By using our Services, you acknowledge and agree that neither FreeHouse nor its affiliates or linked third parties will have any liability to any User for any unauthorized transaction made using any User’s Account, and that the unauthorized use of your Account could cause you to incur liability to FreeHouse, its affiliates, or other Users.
Communications From Us
Sometimes we need to make announcements or send administrative messages. Those announcements and messages may be in the form of notifications on the Services or through email and are considered part of the FreeHouse Services, and you may not be able to opt out from receiving some of those announcements or messages.
The Internet can never be completely secure. Therefore, by using the Services, you agree and understand that, despite our efforts, any message or information you send to the Services may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. In addition, individuals may misrepresent their identity, and, as such, Owners and Guests are encouraged to communicate through the Services. FreeHouse, its affiliates, officers, directors, agents, or employees are not liable for any fraud, identity theft, or other misrepresentation perpetrated through the Services.
6.Disclaimers and Limitations of Liability
This section limits the liability of FreeHouse and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the " FreeHouse Entities"). Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
Services Available "AS-IS"
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, FREEHOUSE ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT TO THE FULL EXTENT PROVIDED BY LAW.
FreeHouse Entities disclaim all responsibility and liability for and make no warranty for the Content or Services, including, but not limited to listed properties with respect to: (a) the reliability, accuracy, completeness, timeliness, or security of the Services or any Content; (b) whether the Content or Services, including, but not limited to listed properties, will meet your requirements or expectations; (c) any harm to your property, person, computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content, or any third party that may be linked from the Services or Content; or (d) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. No advice or information, whether oral or written, obtained from FreeHouse Entities or through the Services, will create any warranty not expressly made herein.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FREEHOUSE OR ITS AFFILIATED ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY INJURY TO PERSONS, LOSS OR DAMAGE OF PROPERTY, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (a) BOOKINGS MADE THROUGH THE SERVICES; (b) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (c) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (d) ANY CONTENT OBTAINED FROM THE SERVICES, INCLUDING, BUT NOT LIMITED TO LISTED PROPERTIES; OR (e) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FREEHOUSE OR ITS AFFILIATED ENTITIES EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT FREEHOUSE OR ITS AFFILIATED ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SERVICES OR ANY THIRD PARTY PROVIDER OR WEBSITE THAT MAY BE ACCESSED FROM FREEHOUSE, INCLUDING ANY SOCIAL MEDIA SITE OR PAYMENT PROCESSOR, YOU HEREBY AGREE TO RELEASE AND FOREVER DISCHARGE EACH MEMBER OF FREEHOUSE, ITS AGENTS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND ANY OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SERVICES.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD EACH MEMBER OF THE FREEHOUSE GROUP HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SERVICES OR OTHERWISE RELATING TO THE BUSINESS CONDUCTED ON THE SITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSETED BY OTHER USERS OR YOUR ACCOUNT TO THE SITE, ANY USE OF ANY SERVICE PROVIDED BY A THIRD PARTY PROVIDER, ANY USE OF A SERVICE OFFERED BY US WHICH INTERACTS WITH A THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY SOCIAL MEDIA SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES, AND COVENANTS MADE BY YOU HEREIN, INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTEHRWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
7. General Terms
Before pursuing formal legal action, we encourage you to contact us to seek a resolution.
You may end this Agreement with us by deactivating your accounts and ending your use of the Services. Should you end this Agreement, we retain the right to use Content submitted by you as granted under these Terms.
We may terminate your account, block your access to, or otherwise deny your usage of the Services and access to the Content at any time for any reason without notice. In the event we terminate your account or deny your usage in any manner, we retain the right to use Content submitted by you as granted under these Terms.
Waiver and Severability
The failure of FreeHouse to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Colorado without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Denver, Colorado, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
We may revise these Terms from time to time, the most current version will always be at http://freehouse.com/terms. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 10 above. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by FreeHouse, LLC. If you have any questions about these Terms, please contact us at: firstname.lastname@example.org.
What Information Do We Collect?
Our Services are not directed to persons under 18, and we do not intentionally collect personal information from people under the age of 18.
The information we gather enables us to personalize, improve and continue to operate the Services. In connection with certain aspects of the Services, we may request, collect and/or display some of your Personal Information. As of now, we have not enabled the Account Registration feature. However, when such features are enabled, we will collect the following types of information from our users.
What Information Will We Collect?
When you create an Account, you will provide information that could be Personal Information, such as your username, password and email address. You acknowledge that this information may be personal to you, and by creating an account on the Services and providing Personal Information to us, you allow others, including us, to identify you and therefore may not be anonymous. We may use your Account Information to contact you with administrative emails regarding your account, or to contact you regarding our Services. We may also use your Account Information to help connect you with other users.
You may have the ability to unsubscribe from these messages, but we reserve the right to contact you when we believe it is necessary, such as for account recovery purposes.
Some features of the Services will allow you to provide content to the Services, such as written comments, photos, property descriptions, videos, and other media or text. All content submitted by you to the Services may be retained by us indefinitely, even after you terminate your account. Some of the content submitted by you may contain personally identifying information, and in such case, we are not liable for such information.
IP Address Information and Other Information Collected Automatically:
We automatically receive and record information from your web browser when you interact with the Services, including your IP address and cookie information. This information is used for fighting spam/malware and also to facilitate collection of data concerning your interaction with the Services (e.g., what links you have clicked on).
Generally, the Services automatically collect usage information, such as the number and frequency of visitors to the Site. We may use this data in aggregate form, that is, as a statistical measure, but not in a manner that would identify you personally. This type of aggregate data enables us and third parties authorized by us to figure out how often individuals use parts of the Services so that we can analyze and improve them.
We may receive a confirmation when you open an email from us. We use this confirmation to improve our customer service.
Information Collected Using Cookies:
aspects of the Services and may associate that information with your Account if you have one. Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. We strongly recommend that you leave cookies active, because they enable you to take advantage the most attractive features of the Services.
Information Related to Advertising and the Use of Web Beacons:
To support and enhance the Services, we may serve advertisements, and also allow third parties advertisements, through the Services. These advertisements are sometimes targeted and served to particular users and may come from third party companies called “ad networks.” Ad networks include third party ad servers, ad agencies, ad technology vendors and research firms.
Advertisements served through the Services may be targeted to users who fit a certain general profile category may be based on anonymized information inferred from information provided to us by a user, including Personal Information (e.g., gender or age), may be based on the Services usage patterns of particular users, or may be based on your activity on Third Party Services. We do not provide Personal Information to any ad networks for use outside of the Services.
To increase the effectiveness of ad delivery, we may deliver a file (known as a “web beacon”) from an ad network to you through the Services. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites.
Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit or set their own cookies, just as if you had requested a web page from their site.
We collect statistical information about how both unregistered and registered users, collectively, use the Services (“Aggregate Information”). Some of this information is derived from Personal Information. This statistical information is not Personal Information and cannot be tied back to you, your Account or your web browser.
How, and With Whom, Is My Information Shared?
The Services are designed to help you share information with others. As a result, some of the information generated through the Services is shared publicly or with third parties.
Public Information about Your Activity on the Services:
Some of your activity on and through the Services is public by default. This may include, but is not limited to, content you have posted publicly on the Site or otherwise through the Services.
Please also remember that if you choose to provide Personal Information using certain public features of the Services, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our control and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Services.
IP Address Information:
Information You Elect to Share:
We share Aggregate Information with our partners, service providers and other persons with whom we conduct business. We share this type of statistical data so that our partners can understand how and how often people use our Services and their services or websites, which facilitates improving both their services and how our Services interface with them. In addition, these third parties may share with us non-private, aggregated or otherwise non Personal Information about you that they have independently developed or acquired.
Email Communications with Us:
As part of the Services, you may occasionally receive email and other communications from us, such as communications relating to your Account. Communications relating to your Account will only be sent for purposes important to the Services, such as password recovery.
User Profile Information:
User profile information including your username and other information you enter may be displayed to other users to facilitate user interaction within the Services. We will not directly reveal user email addresses to other users.
As stated above, we do not currently collect financial information, as that information is collected and stored by our Payment Processor.
Information Shared with Our Agents:
We employ and contract with people and other entities that perform certain tasks on our behalf and who are under our control (our “Agents”). We may need to share Personal Information with our Agents in order to provide products or services to you. Unless we tell you differently, our Agents do not have any right to use Personal Information or other information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information with our Agents.
Information Disclosed Pursuant to Business Transfers:
In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.
Information Disclosed for Our Protection and the Protection of Others:
We also reserve the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof,
(iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention.
Information We Share With Your Consent:
Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.
Is Information About Me Secure?
When Account registration is enabled, your Account information will be protected by a password for your privacy and security. You need to prevent unauthorized access to your Account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your Account.
We seek to protect Account information to ensure that it is kept private; however, we cannot guarantee the security of any Account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
We otherwise store all of our information, including your IP address information, using industry-standard techniques. We do not guarantee or warrant that such techniques will prevent unauthorized access to information about you that we store, Personal Information or otherwise.
What Information of Mine Can I Access?
Once Account registration is enabled, if you are a registered user, you can access information associated with your Account by logging into the Services. Registered and unregistered users can access and delete cookies through their web browser settings.
How Can I Delete My Account?
Should you ever decide to delete your Account, you may do so by emailing us. If you terminate your Account, any association between your Account and information we store will no longer be accessible through your Account. However, given the nature of sharing on the Services, any public activity on your Account prior to deletion will remain stored on our servers and will remain accessible to the public.
What Choices Do I Have Regarding My Information?
You can use many of the features of the Services without registering, thereby limiting the type of information that we collect.
You can delete your Account. Please note that we will need to verify that you have the authority to delete the Account, and activity generated prior to deletion will remain stored by us and may be publicly accessible.
What If I Have Questions or Concerns?
If you have any questions or concerns regarding privacy using the Services, please send us a detailed message. We will make every effort to resolve your concerns.
Effective Date: 9/1/2016