www.AWAYISH.com Privacy Policy

10.    THIRD-PARTY LINKS, PRODUCTS AND SERVICES. 

 

10.1 Third Party Websites and Services. The Site may contain links or voice accessibility to third-party websites or resources including but not limited to sites with information about specific rental properties. Access to such third-party websites, services or resources are included solely for the convenience of Users, and do not constitute any endorsement or approval by Awayish LLC of the third-parties, anyone sponsoring these sites or their products or services, or the products or services themselves. We make no representations or warranties, express or implied, with respect to the information provided on the Site or any third-party website or service which may be accessed from the Site, including any representations or warranties as to accuracy or completeness. Because Awayish LLC has no control over third-party websites, resources, products or services, you acknowledge and agree that Awayish LLC is not responsible or liable for, and does not endorse, the availability, accuracy, completeness or authenticity of information available through such websites, resources, products or services, your use or your exchange of any information with such websites or services, or the content, statements, representations, advertising, products, properties, services or other materials available on such third-party sites. You acknowledge and agree that Awayish LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, or services available on or through any such site or resource. If you decide to access any such third-party websites, products, resources or services, or to transact with any such third-party for their products, properties or services, you do so entirely at your own risk. By leaving the Site, you may be subject to the terms and conditions and the privacy policies or other terms and conditions of such third-party websites. You acknowledge and understand that Awayish LLC does not (a) provide legal, brokerage or other professional advice or services to any property managers, owners or others who list properties or otherwise use the Site or the Services, (b) participate in any negotiations with respect to leases or other transactions involving third-parties, or (c) guarantee, endorse or ensure a rental property or any lease or other transaction between a User and property manager, owner or any other person or entity. 

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10.2 Google® Maps. The Site utilizes Google Maps and related content licensed to Awayish LLC by Google and its licensors. By using the Google Maps features available on the Site, you are agreeing to be bound by the applicable policies, terms and conditions of Google.

 

11.    OWNERSHIP. You acknowledge and agree that the Site and the Services use and contain content, information and proprietary and confidential technology owned by or licensed to Awayish LLC, and protected by applicable intellectual property and other laws and international treaties (collectively, “Awayish LLC Content”). The Awayish LLC Content displayed on or through the Site and Services includes, without limitation, information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials is copyrighted by Awayish LLC and its licensors under United States and international copyright laws. All rights reserved. You agree not to reproduce, copy, display, store, perform, re-post, publish, transmit, distribute, sell, offer for sale, license, modify, create derivative works, or otherwise use or exploit for any commercial purposes any or all of the Awayish LLC Content, the Site or access to the Site in any way without the prior written permission of Awayish LLC. All content on the Site that is not Awayish LLC Content is the property and responsibility of other parties. You must abide by all copyright notices, information, or restrictions contained in or attached to any Awayish LLC Content. Awayish LLC, the Awayish LLC logo, Awayish LLC, the Awayish LLC logo and all other registered and unregistered marks used in connection with the Site and the Services (the “Awayish LLC Marks”) are trademarks, trade names, or service marks of Awayish LLC unless otherwise indicated. You are not authorized to use or display the Awayish LLC Marks, without the prior express written permission of Awayish LLC. Ownership of all Awayish LLC Marks and the goodwill associated therewith remains with Awayish LLC. All other trademarks are the property of their respective owners.

 

12.    INDEMNITY. You agree to indemnify, defend and hold Awayish LLC and its officers, directors, employees, shareholders, successors, agents, affiliates, subsidiaries and relevant third parties including advertisers, distribution partners, referral partners, service providers, licensors, licensees, consultants and contractors (collectively the “Awayish LLC Indemnified Parties”) harmless from and against any claims, liabilities, losses, costs, damages or expenses including reasonable attorneys’ fees and costs, directly or indirectly, arising out of or in any way relating to: (a) your negligence or misconduct; (b) your information or material contributed to or submitted through the Site or the Services, including without limitation information associated with Your Account; (c) your conduct, including your use of the Site and the Services; (d) your connection to the Site; (e) any violation or breach of these Terms; (f) any violation or infringement of any intellectual property, privacy, publicity, confidentiality or proprietary rights of any third-party as a result of your use of the Site or Services; (g) your use of the electronic signature lease execution functionality of Awayish LLC, including without limitation, the sufficiency of an electronic signature or the enforceability of an electronically signed lease; or (h) your use of Awayish LLC Resident Services voice activated commands via third parties including but not limited to Amazon Alexa and Echo services (collectively, the “Claims”). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the Awayish LLC Indemnified Parties. Awayish LLC shall have the right, in its sole discretion, to select its own legal counsel to defend Awayish LLC from any Claims (but by doing so shall not excuse your indemnity obligations) and you shall be solely responsible for the payment of all of Awayish LLC’s reasonable attorneys’ fees incurred in connection therewith. You shall notify Awayish LLC immediately if you become aware of any actual or potential claims, suits, actions, allegations or charges that could affect your or Awayish LLC’s ability to fully perform their respective duties or to exercise its rights under these Terms. You shall not, without the prior written approval of Awayish LLC, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for Awayish LLC. 

 

13.    DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE: 

 

13.1 YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES AND ALL OTHER MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. WITH RESPECT TO THE SITE AND INFORMATION AND MATERIAL IN THE SITE, Awayish LLC AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE. 

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13.2 Awayish LLC AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTY: (A) REGARDING THE SECURITY, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS AND PERFORMANCE OF THE SITE OR THE SERVICES; (B) REGARDING THE SERVICES, ADVICE, INFORMATION OR LINKS OBTAINED THROUGH THE SITE; (C) THAT THE SITE OR THE SERVICES, OR ANY INFORMATION AND MATERIALS THEREIN, WILL MEET YOUR REQUIREMENTS; (D) THAT THE SITE OR THE SERVICES, OR ANY FUNCTIONS CONTAINED IN THE SITE, WILL BE ERROR-FREE, SECURE, TIMELY, OR UNINTERRUPTED; (E) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (F) THAT ANY ERRORS IN THE SITE OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED; OR (G) THAT THE SITE AND ITS CONTENTS AND SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS. 

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13.3 ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. 

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13.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Awayish LLC OR FROM YOUR USE OF THE SITE OR SERVICES, SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS OR WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

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14.    LIMITATION OF LIABILITY. 

 

14.1 Awayish LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, SUCCESSORS, AGENTS, AFFILIATES, SUBSIDIARIES AND RELEVANT THIRD PARTIES INCLUDING ADVERTISERS, DISTRIBUTION PARTNERS, REFERRAL PARTNERS, SERVICE PROVIDERS, LICENSORS, LICENSEES, CONSULTANTS AND CONTRACTORS (COLLECTIVELY THE “Awayish LLC ENTITIES”) WILL NOT BE LIABLE FOR: 

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(A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA OR PROFITS, COST OF PROCURING SUBSTITUTE PRODUCTS OR BUSINESS INTERRUPTION), WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR ACCESS AND USE OF OR INABILITY TO ACCESS OR USE THE SITE AND/ OR ANY Awayish LLC SERVICE, ANY MATERIALS AVAILABLE TO YOU FROM OR THROUGH THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THE Awayish LLC PARTIES, OR ANY OF THEM, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; 

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(B) THE CONTENTS OF ANY COMMUNICATION, MESSAGE, OR INFORMATION POSTED BY YOU OR OTHER THIRD PARTIES; 

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(C) THE CONTENT, SERVICES OR INFORMATION PROVIDED BY ANY WEBSITE PURPORTING TO BE OPERATED BY Awayish LLC OR ITS AFFILIATES, BUT NOT ACTUALLY AFFILIATED WITH, CONTROLLED, OWNED, OR OPERATED BY AWAYISH LLC;

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 (D) THE CONTENT OF ANY WEBSITE NOT CONTROLLED, OWNED, OR OPERATED BY AWAYISH LLC THAT IS ACCESSED FROM OR LINKED TO THIS SITE; AND/OR 

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(E) ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. 

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14.2 You acknowledge that the limitations set forth above are an essential basis of the bargain and of the allocation of risks between the parties. Some states or jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue use of the Site and Services. 

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15.    ENFORCEMENT. Awayish LLC does not assume responsibility to you or others for any failure by Awayish LLC to enforce the provisions contained in the Terms. 

 

16.    TERMINATION. You agree that Awayish LLC, in our sole discretion and with or without notice, may terminate your use of the Site or any part thereof, or any or all of the Services, for any reason, including without limitation, for lack of use by you or if Awayish LLC believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Awayish LLC may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, or any or all of the Services with or without notice. You agree that any termination of your access to the Site under any provision of the Terms may be effected without prior notice, and acknowledge and agree that Awayish LLC may immediately bar any further access to the Site. Further, you agree that Awayish LLC shall not be liable to you or any third party for any termination of your access to the Site or the Services. 

 

17.    AUTHORITY. You hereby represent and warrant to Awayish LLC that: (a) you have all the requisite power and authority, corporate or otherwise, to enter into the binding contract created by these Terms, conduct yourself and your business and to execute, deliver, and perform all of your obligations under this Agreement; (b) you have the right to submit and use your Information and Materials in the manner you have done so to or through the Site and/or through Your Account; (c) you have the right to grant the licenses granted under these Terms; (d) your performance under these Terms and/or the rights granted herein do not and will not conflict with or result in a breach or violation of any of the terms or provisions, or constitute a default under any contract or agreement, to which you are currently bound or will become bound in the future; and (e) your performance under these Terms will comply with all applicable laws, rules and regulations (including, without limitation, export control, privacy and obscenity laws), domestic or foreign. 

 

18.    Reserved. 

 

19.    INTERACTIVE AREAS. 

 

19.1 Use of Interactive Areas. On the Site and/or as part of the Services, Awayish LLC may provide areas that allow for User interaction, including bulletin boards, chat areas, forums, blogs, instant messaging, frequently asked questions, or other message and communications features (the “Interactive Areas”) for posting user feedback, comments, messages or other input (“Comments”). You acknowledge that all Interactive Areas are public and not private and that any information or content, including Information and Material, that you post to an Interactive Area may be read by others and that Awayish LLC has no obligation to protect such information. Awayish LLC recommends that you do not post or otherwise disseminate any personally identifiable information in the Interactive Area. Additionally, you agree to post only Comments that are proper, lawful, and related to the particular discussion or the Interactive Area itself. Without limitation, you may not post Comments or engage in any other activity on the Site that: 

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(a) defames, threatens, abuses or otherwise violates the legal rights of others; 

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(b) is harmful to children, profane, obscene, indecent or racially or ethnically offensive;

 

(c) infringes another’s rights to intellectual property, publicity, or privacy; 

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(d) collects or stores personal information about other Site users; 

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(e) contains advertisements, promotions, commercial solicitations, contests or surveys (unless you have our written consent to do so); 

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(f) contains, transmits or disseminates spam, chain letters, or information intended to assist in the placement of a bet or wager; 

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(g) contains, transmits or disseminates viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another’s computer, the Site, or any software, hardware or other related equipment; 

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(h) disrupts or otherwise interferes with the Site or the networks or servers used by Awayish LLC; 

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(i) impersonates any person or entity or misrepresent your connection or affiliation with a person or entity; or

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 (j) constitutes illegal activity. 

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19.2 Submissions to Interactive Areas. You understand and acknowledge that, subject and pursuant to the licenses set forth hereunder, Awayish LLC may display your Comments on the Site and use them for other marketing and business activities. In addition, Awayish LLC reserves the right in its sole discretion to reject use of Comments, delete Comments from the Site for any reason, and edit Comments for both content and format. Awayish LLC further reserves the right to terminate your access to the Site or to any Interactive Area at any time without notice for any reason whatsoever. Awayish LLC does not endorse or control the Comments or information found in any Interactive Area and, therefore, Awayish LLC specifically disclaims any liability with regard to the Interactive Areas and any actions resulting from your participation in them.

 

19.3 Digital Millennium Copyright Act (“DMCA”) Notice. Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the “Act”), Awayish LLC reserves the right, but not the obligation, to terminate your right to use the Site if Awayish LLC determines in its sole and absolute discretion, that you are involved in any activity that may be infringing, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing. Awayish LLC accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to the Act, Awayish LLC has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. You may contact the designated agent of Awayish LLC to receive notification of claimed infringement at: Info@Awayish.com or via mail Attn: DMCA Agent – Legal Department, Awayish LLC , c/o Awayish LLC, 1609 County Road 42 W., Unit #329, Burnsville, MN 55306. Awayish LLC respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the designated agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. 

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20.    GENERAL. 

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20.1 Governing Law. For all legal proceedings arising out of use of the Site and/or relating to the Terms, these Terms and the relationship between you and Awayish LLC shall, irrespective of any choice of laws rules, be governed by and construed in accordance with the laws of the State of Minnesota. You and Awayish LLC hereby irrevocably and unconditionally submit to the jurisdiction of courts located in the County of Hennepin (Minnesota) or the court of competent jurisdiction closest thereto if no court of competent jurisdiction resides therein, and the parties consent to the personal jurisdiction of such courts and expressly waive any right they may otherwise have to cause any such action or proceeding to be brought or tried elsewhere. You and Awayish LLC irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum. 

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20.2 Assignment. You may not assign or transfer this Agreement, in whole or in part, without the prior written consent of Awayish LLC, which may be granted or withheld by Awayish LLC in its sole discretion. Any attempted assignment in violation of this Section will be null and void and of no force or effect. Awayish LLC may assign this Agreement freely at any time without notice. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party’s permitted successors and assigns. 

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20.3 Waiver. The failure to exercise or enforce any right or provision shall not affect Awayish LLC’s right to exercise or enforce such right or provision at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. 

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20.4 Severability. If any portion of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and, notwithstanding such finding, the remaining provisions of these Terms shall remain in full force and effect. 

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20.5 Entire Agreement. These Terms, the terms incorporated herein, and any other terms agreed to in writing by the parties or by way of your use of the Site or the Services shall constitute the entire and exclusive understanding and agreement between you and Awayish LLC regarding this subject matter and shall supersede any and all prior or contemporaneous representations or understandings relating to this subject matter. 

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20.6 Time Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms or use of the Site must be filed within 1 year after such claim or cause of action arose or be forever barred. 

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AWAYISH LLC AGREEMENT FOR PROPERTY OWNERS AND MANAGERS

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IMPORTANT – PLEASE READ CAREFULLY. THIS AWAYISH LLC AGREEMENT FOR PROPERTY OWNERS AND MANAGERS, ALONG WITH ANY OTHER TERMS THAT MAY BE POSTED ON AWAYISH LLC WITH RESPECT TO A PARTICULAR AWAYISH LLC SERVICE AND/OR ANY SEPARATE WRITTEN AGREEMENT OR CONTRACT PROVIDING OTHER TERMS AND CONDITIONS THAT INCORPORATE THIS AGREEMENT BY REFERENCE (“AGREEMENT“), STATES THE TERMS AND CONDITIONS UNDER WHICH YOU, THE PROPERTY OWNER OR MANAGER (“Client” or “you“), MAY USE THE AWAYISH LLC PLATFORM INCLUDING THE AWAYISH LLC WEBSITE, SERVICES (AS DEFINED BELOW) AND ANY OF ITS DOWNLOADABLE MOBILE APPLICATIONS (“Awayish LLC“). READ THIS AGREEMENT CAREFULLY AND COMPLETELY AS IT SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF AWAYISH LLC. BY CLICKING THE “I ACCEPT” BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE AWAYISH LLC.

Awayish LLC, (collectively, with its subsidiaries and affiliates, “Awayish LLC,” “we,” or “us“) provides Awayish LLC to you conditioned upon your acceptance, without modification, of the terms, conditions and notices contained in this Agreement. Awayish LLC is owned and operated by Awayish LLC. Since 2021, Awayish LLC has been dedicated to the design, development, and support of property management software. Throughout the Agreement, all references to “Awayish LLC” shall include any websites of affiliates and subsidiaries of Awayish LLC Systems, Inc. that are involved with the provision of the services through and/or the operation of Awayish LLC.

Awayish LLC is a technology platform that facilitates the development and delivery of innovative renter-related services including, without limitation, property marketing, apartment listing, availability, application and screening, digital lease execution, rental and utilities payment, 24/7 call center service and self-service advertising (the “Services“). Awayish LLC allows prospects and residents (of properties utilizing Awayish LLC) (“Renters“) to take advantage of a range of services designed to make their relationship with you as pleasant as possible.

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1.      AWAYISH LLC IS NOT A PARTY TO RENTAL TRANSACTIONS.

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1.1 Awayish LLC serves as a platform for Property Managers to advertise rental properties and for Renters and Property Managers to engage in activities and transactions pertaining to the rental of such properties. Awayish LLC does not own or manage any properties listed on Awayish LLC, does not act as an agent or broker on behalf of Client in connection any properties listed on Awayish LLC, and does not enter into rental contracts for those properties. Although Awayish LLC may provide the Services and Awayish LLC to enable Renters and Clients to enter into communications and leases for specific properties, Awayish LLC is not involved in any way in the transactions between Renters and Client other than facilitating such communications and providing a means for digital signature execution of leases by Renters and Client, and except for transactions for services expressly entered into between Awayish LLC and Renters. As a result, Client and Awayish LLC agree that Awayish LLC will not be liable under any circumstances for contracts entered into between Renters and Client or any other interactions between Renters and Client.

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1.2 Awayish LLC encourages all users of Awayish LLC, including Renters, to engage in responsible use of Awayish LLC and to exercise sound judgment when entering into property rental transactions. However, in the event that you have a dispute with a Renter or another property owner, property manager or advertiser on Awayish LLC, you release Awayish LLC from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

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2.      RELATIONSHIP TO OTHER AWAYISH LLC SERVICES AND SOFTWARE. Any services or software provided to Client by Awayish LLC, whether or not the services or software can be accessed through, interface with, or otherwise provide access to Awayish LLC, are governed by the terms and conditions of agreements between Client and Awayish LLC specific to those services or software (“Awayish LLC Separate Agreement“) and not by this Agreement. To the extent any provisions of this Agreement conflict with any provisions of a Awayish LLC Separate Agreement, then such provisions of the Awayish LLC Separate Agreement shall control. This Agreement is not intended to modify or supersede, in any way, a Awayish LLC Separate Agreement unless Awayish LLC and Client expressly agree otherwise in a writing signed by both.

 

3.      ACCESS AND USE OF THE SITE.

 

3.1 Awayish LLC is providing you with the information and functionality of Awayish LLC (except for the information that is provided by you and by third parties). You are responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet, and any telephone, wireless or other connection and service fees associated with such access.

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3.2 Awayish LLC has the right, but not the obligation, to take any of the following actions without providing any prior notice to you: (i) change or terminate all or any part of Awayish LLC; (ii) restrict or terminate your access to all or any part of Awayish LLC; or (iii) refuse, move, or remove any content that is available on the Site and any material that you submit to the Site.

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3.3 Subject to your compliance with this Agreement, Awayish LLC hereby grants you permission to access and use Awayish LLC, provided that you shall not (and shall not allow any third party to): (i) engage in commercial use of Awayish LLC or any content on Awayish LLC not provided by you, except for the purpose of engaging in rental-related activities with Renters; (ii) reproduce, copy, display, store, perform, re-post, publish, transmit, distribute, sell, offer for sale, license, modify, create derivative works, or otherwise use any portion of the content offered on Awayish LLC for other than your own use; (iii) remove any copyright, trademark or other proprietary rights notices contained in or on Awayish LLC or in or on any content or other material obtained via Awayish LLC; (iv) use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of Awayish LLC, including, but not limited to, for purposes of constructing or populating a searchable database of business or property reviews; (v) collect or harvest any information about other users or members (including usernames and/or email addresses) for any purpose; (vi) reformat or frame any portion of the web pages that are part of Awayish LLC; (vii) create accounts by automated means or under false, misleading or fraudulent pretenses; (viii) create or transmit unwanted electronic communications such as “spam” to other users or members of Awayish LLC or otherwise interfere with other users’ or members’ enjoyment of Awayish LLC; (ix) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; (x) use Awayish LLC to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, including any material that may be deemed threatening or obscene; (xi) copy or modify the HTML code used to generate web pages on Awayish LLC; (xii) use any device, software or procedure that interferes with the proper working of Awayish LLC, or otherwise attempt to interfere with the proper working of Awayish LLC; (xiii) take any action that imposes, or may impose in Awayish LLC’s sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; (xiv) modify, adapt, translate, or reverse engineer any portion of Awayish LLC except for content provided by you; or (xv) use Awayish LLC, intentionally or unintentionally, to violate any applicable local, state, national or international law or regulation, including, but not limited to, Fair Housing and privacy laws and regulations.

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3.4 Services provided on Awayish LLC (further described above) may include a user management function that allows Clients to create user groups, granting the Client users in such user group the right, or permission, to access and use certain Services. Such Services may include, but are not limited to, Services that incur or require the payment of additional Fees. Client expressly understands and agrees that Client shall pay any Fees for Services incurred by Client users’ use of any such Services.

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4.      SERVICES NOT PROVIDED. You acknowledge and agree that Awayish LLC does not provide the following services through Awayish LLC or as a part of its Services, and bears no responsibility or liability for the following activities, among others:

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• Lease transactions, including without limitation, negotiations, offers, agreements, establishing rents or fees, or any related communications (although the Services do facilitate these transactions between Property Managers and Renters);

• Legal, brokerage or other related professional services or advice;

• Inspection, screening or pre-approval of rental properties;

• Verification, screening or pre-approval of property listings; or

• Evaluation, screening or pre-approval of other advertisers who post listings or other content on Awayish LLC.

• In the event that you need or desire such services or need assistance with such services, you are responsible for obtaining them from a third party.

 

 

1. ACCOUNT REGISTRATION AND USE. In order to use the Client features of Awayish LLC, you will have to register and create a password-protected account (“Your Account”) and/or submit information, content, photos, data or other material (“Information” or “Material”).

 

1. MODIFICATIONS. Awayish LLC may modify or update this Agreement from time to time, in its sole discretion, and reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, Awayish LLC (or any part thereof) or any or all of the Services, or any feature thereof, with or without notice and without liability to you. You agree that Awayish LLC has no responsibility or liability for the failure of Awayish LLC and the deletion of other content maintained or transmitted by Awayish LLC. You further agree that Awayish LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of Awayish LLC. Modifications to this Agreement, including, but not limited to, any Awayish LLC Requirements, will be posted on the relevant area of Awayish LLC and will be effective immediately upon posting. You can review the most current version of this Agreement at any time by accessing this Agreement on Awayish LLC. You agree to review this Agreement from time to time to ensure you are updated as to any modifications. By continuing to use Awayish LLC or Services following any such modification, you accept and agree to be bound by such modifications. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE AND EXCLUSIVE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF Awayish LLC. ADDITIONAL REQUIREMENTS. Specific Services may be subject to fees (including, for clarity, additional fees not identified or specifically described in the Awayish LLC Separate Agreement), additional guidelines, technical and non-technical specifications, and other requirements, terms, rules, or policies of Awayish LLC that are not set forth in this Agreement (“Awayish LLC Requirements“). The Awayish LLC Requirements will be posted on Awayish LLC or the applicable screens or page(s) throughout Awayish LLC. All such Awayish LLC Requirements are hereby incorporated by reference into this Agreement. In the event of a conflict between the Awayish LLC Requirements and this Agreement, the terms of the Awayish LLC Requirements shall govern. You may impose your own requirements on Renters in connection with rent-related transactions and activities, but any such requirements imposed by you are separate from the Awayish LLC Requirements and this Agreement and Awayish LLC shall have no responsibility or obligation for requirements imposed by you on Renters.

 

1. USER-CONTRIBUTED CONTENT.

 

6.1  Awayish LLC has no responsibility or duty to review, approve or pre-screen any content posted on Awayish LLC by any third party (including you), and Awayish LLC is not responsible for such content. Client understands that all property listings, lease agreements, rental terms, personal information, financial information, postings, messages, text, images, photos, files, video, key word data and other advertising content and other information, documents or other materials posted on Awayish LLC or transmitted through or in connection with the Service by Client, Renters or other advertisers (the “User Content“) are the sole responsibility of Client or any other entity or person from whom such User Content originated. Awayish LLC disclaims any and all liability relating to the User Content. Awayish LLC does not guarantee, and you will not hold Awayish LLC responsible for, the User Content (including the accuracy or truth of such User Content), any services offered by any Client, advertisers or third parties on Awayish LLC, or the nature, safety, quality, condition, management of any rental units or properties advertised on Awayish LLC or Client’s or third parties’ compliance with any laws, regulations or rules that may be applicable. Client agrees that Client bears the responsibility to evaluate, and bears all risks associated with, the use of any User Content, and that under no circumstances will Awayish LLC be liable for any User Content or for any damage or loss of any kind incurred as a result of the use of any User Content.

6.2 Awayish LLC reserves the right (but does not have the obligation) in its sole discretion to delete or refuse to post any User Content that violates the letter or spirit of any applicable agreements between Awayish LLC and the entity or individual posting or seeking to post the content, or for any other reason.