Terms of Agreement

PadTime Terms of Use

Date of Last Modification: March 23rd 2018

The Agreement. Welcome to PadTime Live. Please read on to learn the rules and restrictions that govern your use of our website, products, services and applications (the “Services”).

These Terms of Use (the “Terms”) are a binding contract between you and PadTime, Inc. (“PadTime”, “we” or “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services.

PLEASE NOTE THAT PADTIME DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE AVAILABLITY, FITNESS, LAWFULNESS, OR OTHER CHARACTERISTICS OF THE HOUSING THAT AGENTS MAY MAKE AVAILABLE ON THE PLATFORM. IF YOU ARE AN AGENT, YOU SHOULD REVIEW LOCAL LAWS BEFORE LISTING HOUSING ON THE SERVICES, AND IF YOU DO NOT OWN THE HOUSING YOU MUST RECEIVE THE NECESSARY PERMISSIONS TO LIST THE HOUSING. YOU UNDERSTAND AND AGREE THAT PADTIME IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN YOU AND OTHER USERS, NOR IS PADTIME AN AGENT OR INSURER. PADTIME HAS NO CONTROL OVER THE CONDUCT OF ITS USERS AND DISCLAIMS ALL LIABILITY WITH RESPECT TO THESE TRANSACTIONS TO THE MAXIMUM EXTENT PERMITTED BY LAW.

PLEASE NOTE THAT, EXCEPT AS PROVIDED BELOW, THESE TERMS REQUIRE RESOLUTION OF DISPUTES THROUGH USE OF AN ARBITRATION SERVICE. YOU HEREBY AGREE THAT ALL DISPUTES ARISING FROM, RELATED TO, OR IN CONNECTION WITH YOUR USE OF THE SERVICES WILL BE RESOLVED IN ACCORDANCE WITH THE ARBITRATION AND GOVERNING LAW PROVISIONS SET FORTH IN SECTION 22 BELOW.

Modification. PadTime reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. If we modify these Terms, we will either post a notification of the modification on our website or otherwise provide you with notice of the change. The date of the last modification will also be posted at the beginning of these Terms. It is your responsibility to check from time to time for updates. By continuing to access or use the Services, you are indicating that you agree to be bound by any modified Terms.

Privacy Policy. Our Privacy Policy (https://padtimelive.com/privacy-policy) discusses how we collect, process, and disclose personal information through these Services. Please read that policy carefully.

Eligibility. The Services are intended solely for persons who are at least 18 years old. By using the Services you represent and warrant that you are at least 18 years old. If you are not 18 or older, you may not use the Services.

Explanation of Service and Relevant Definitions. The Services enable users to search for and view available housing (each, a “Housing”) to rent or purchase (the “Prospective Tenants”), and to post and show Housing if they are licensed real estate agents (the “Agents”). Although you can see certain information about Housing through the Services without registering for an account, you are required to create an account for access to certain features of the Services (the “User Account”), including the ability to post Housing through the Services and view the Housing through live video on the Services. Please see Section 6 below for more information about User Accounts.

User Accounts. You may be required to sign up for a User Account, and select a password and user name (the “User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your User ID a name that you don’t have the right to use, a name that misrepresents your affiliation with another person or entity, or another person’s name with the intent to impersonate that person.

Registration with SNS. You may be allowed to create a User Account on the Services by logging into your account with certain third-party social networking sites ("SNS,” including, but not limited to, Facebook and Google). You may link your User Account with a SNS by either: (i) providing your SNS account login information to us through the Services; or (ii) allowing us to access your SNS. PLEASE NOTE THAT YOUR RELATIONSHIPS WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS ARE GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND THOSE AGREEMENTS WILL DETERMINE WHAT INFORMATION WE WILL BE ABLE TO ACCESS AND USE THROUGH THOSE SOCIAL NETWORKING SITES. Your PadTime profile and User Account will be created for your use of the Services based on the personal information you provide us or that we obtain via an SNS. If you create a User Account via an SNS, you may still be required to provide certain additional information to complete registration.

Registration without SNS. If you do not use an SNS to create a User Account, you will be required to disclose certain personal information in order to create a User Account and PadTime profile. Please see our Privacy Policy for an explanation of the information that you will be asked to provide in order to create a User Account.

Termination of User Account. If you would like us to terminate your User Account, please contact us at admin@padtimelive.com. Upon receipt of your request, and except as set forth below, we will remove your User Account and your associated information from the Services within a reasonable time period. You may also terminate your User Account at anytime through the Services. Please note that any information you have submitted to publicly accessible areas of the Services (such as a rating or message board) may not be removable. Pursuant to Section 14, if we intend to remove your User Account, we will try to provide advance notice to you prior to our removal of your User Account so that you are able to retrieve any important Content (defined below) you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of PadTime.

Security of User Account. If you create a User Account, you are responsible for maintaining the security of your User Account, and you are fully responsible for all activities that occur under the User Account and any other actions taken in connection with the User Account. You must immediately notify PadTime of any unauthorized uses of your User Account, or any other breaches of security. PadTime will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. You may not transfer your User Account to anyone else without our prior written permission. You may not share your User Account with others.

Agent Representation and Warranties. If you are an Agent using the Services, you represent and warrant that:

you are a licensed real estate agent;

you have all necessary authority and permission to post and show the Housing that you list on the Services;

if you use the Services on behalf of a company, partnership, association, or other entity, you have the capacity to enter into these Terms on behalf of the entity, or an authorized representative of the entity has agreed to bind the entity to these Terms;

you have or your employer or your associated Agent has the authority to enter into a contract with a Prospective Tenant for the Housing that you post on the Services; and

you shall only use information about Prospective Tenants that you receive through the Services to show and rent or sell Housing to Prospective Tenants.

Acceptable Use. PadTime hereby grants you permission to use the Services, provided such use is in compliance with these Terms, and you further specifically agree that your use will adhere to the following restrictions and obligations:

Unless you are an Agent, you may only use the Services for personal use. If you are an Agent, you may use the Services to provide information to Prospective Tenants via the Services or, where authorized, take actions on behalf of your consumer clients such as posting Housing for rent. If you wish to create an organizational or business account, please contact PadTime at admin@padtimelive.com.

The Services may be used only for transactions in residential real estate and may not be used for transactions in commercial real estate, which includes, without limitation, commercially zoned properties, timeshares, and vacation rentals.

You may only use the Services for lawful activity. It is your responsibility to comply with all applicable local, state, and federal laws and regulations. In addition, you may not use the Services in any manner that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.

You may not interfere with or damage the Services, including, without limitation, through the use of viruses, bots, harmful code, denial-of-service attacks, backdoors, packet or IP address spoofing, forged routing, or any similar methods or technology.

Except as authorized through the Services, you may not copy, rip, or capture any content encountered on the Services. This includes bulk copying or "scraping" any portion of the Services’ content using a bot or other tool.

You may not use the Services to upload, transmit, or promote any material that constitutes junk mail, spam, or commercial offers. You may not use the Services to upload, transmit, or promote any material that infringes or violates the intellectual property rights or any other rights of anyone else (including PadTime).

You may not decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services.

Google Maps. Some of the Services implement the Google Maps web mapping service. Your use of Google Maps is subject to Google's terms of use, located at http://www.google.com/intl/en_us/help/terms_maps.html.

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