Terms and Conditions – Customer

General Terms of Service

These Terms of Service (the “Agreement”) are an agreement between Anadar Professional Services LLC (“Anadar Professional Services”, “APS”, “housingbrokers.com, “us”, “our”, or the “Company”) and you (“User” or “Customer” or “Client” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Anadar Professional Services and of the housingbrokers.com or Anadar Professional Services website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.

1. Additional Policies and Agreements
   • Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
     • Privacy Policy
   • Additional terms may also apply to certain Services and are incorporated by reference herein as applicable.
2. Account Eligibility
   • By registering for or using the Services, you represent and warrant that: You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of, or access to, the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
   • If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
   • It is your responsibility to provide accurate, current, and complete information on the registration forms or during information gathering, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts, is accurate, correct, and complete at all times. Anadar is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may do so through your account on the website to update your contact information or by contacting our support on the website. Providing false contact information of any kind may result in the termination of your account.
   • You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
   • The Service and any data you provide to us is hosted in the United States (U.S.) unless otherwise provided. If you access the Service from outside of the U.S., you are voluntarily transferring information (potentially including personally-identifiable information) and content to the U.S. and you are agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of the U.S., and not necessarily of the jurisdiction in which you are located.
3. Anadar Content
   • Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “Anadar Content”), are the proprietary property of APS or APS’s licensors. APS Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from any APS Content. Any use of APS Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any APS Content. All rights to use APS Content that is not expressly granted in this Agreement are reserved by APS and APS’s licensors.
   • Once you have taken delivery of a website, you may use or modify the content on your site but you may not redistribute the content without permission.
4. User Content
   • APS exercises no control over and accepts no responsibility for, User Content   You hereby agree to indemnify APS for any impact from hosting or using your user content as described here as relates to intellectual property, libel, slander, or related issues.
   • For sites that we develop for you, we may implement a template Privacy Policy, which is often required for various regulatory requirements or for using certain online services (e.g. Google Analytics, Affiliate Programs).  This is provided as a starting point only and we are not responsible for ensuring that it protects you or your business in any way.  You are responsible for ensuring that your Privacy Policy meets legal and contractual requirements and that it meets the needs of your business.

5. Compliance with Applicable Law

• You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is located regarding User Content, User Websites, online activities, email, and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside. The Services are controlled and operated by us from our offices within the United States (although we may share data with third parties around the world to assist us in providing the Services as further described in our Privacy Policy and we make no representation that the Services are appropriate or available for use in other locations. Those who access the Services from other locations do so at their own initiative and risk and are fully responsible for compliance with all applicable laws in those locations. We do not offer or support the Services where prohibited by law.
• For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR). To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such personal data on your behalf.

6. Third-Party Products and Services

• Third-Party Providers

APS may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third-party provider. Discounts, promotions, and special third party offers may be subject to additional restrictions and limitations by the third-party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing. APS does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third-party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third-party providers. APS is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

• APS as Reseller or Licensor

APS may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services (“Non-APS Products”). APS shall not be responsible for any changes in the Services that cause any Non-APS Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-APS Products, either sold, licensed or provided by APS to you will not be deemed a breach of APS’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-APS Product are limited to those rights extended to you by the manufacturer or provision of such Non-APS Product or Service. You are entitled to use any Non-APS Product or Service supplied by APS only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-APS Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-APS Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.In the event of a failure of a third-party service or product, APS liability will be limited to no more than your price paid and we will be responsible, in the case of services or products that we use to provide you the Services, only insofar as we are responsible for working with the third-party to restore the product or service or for identifying a replacement for the contracted functionality or service.  Otherwise, APS will bear no liability for the failure or reduction of such service or product.  Specifically, APS may use another provider for hosting services which we then manage as part of the Services requested, including shared hosting.  We may, at our discretion, also subcontract for work on websites including, but not limited to, website design, content creation, and related functions.

• APS as Reseller or Licensor

Marketing lists are compiled and researched by a third-party.  While every effort is made to ensure their accuracy and usefulness, such products are provided as-is.  APS makes no claim of accuracy or completeness and takes no responsibility for their use, up to and including email services that we provide from such lists.  All such services are provided as-is with no warranties or guarantees, express or implied.

• Third-Party Websites

The Services may contain links to other websites that are not owned or controlled by APS (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third-Party Sites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.

7. Prohibited Persons

The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or re-export, or permit the export or reexport, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated Nationals or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, APS also does not register and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.

8. Billing and Payment Information

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• Taxes
  • Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to APS’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
• Fraud
  • It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. APS may report any such misuse or fraudulent use, as determined in APS’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions, and/or credit card companies.
• Invoice Disputes
  • You have ninety (90) days to dispute any charge or payment processed by APS. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
• Payment Card Industry Security Standard Disclaimer.
  • APS complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of our customer’s data and billing information. However, you are solely responsible for the security of the data and billing information on your User Website. APS does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.  This applies to sites we build as part of Services for the Customer as well, though every effort will be made to design the site so that it is PCI compliant.

9. Money-Back and Service Guarantee.

• Website Deployment

All websites are provided as-is. We make no claim of accuracy, completeness, or functionality.

• On-going Support

We take no responsibility for one-time purchases and do not provide any free support for such services.  Our liability is limited to a refund of money paid for any product or service not delivered in a reasonable timeframe.

10. Cancellations and Refunds

• Payment Methods

We typically expect payment through our website using payment cards, PayPal, and similar electronic means.

• Refund Eligibility

Refunds are only available for any product or service not delivered in a reasonable timeframe.

11. Price Changes

APS reserves the right to change prices or any other charges at any time. Price changes will only affect future purchases.

12. Limitation of Liability

IN NO EVENT WILL APS ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF APS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, APS’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO APS FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

13. Indemnification

You agree to indemnify, defend and hold harmless APS, our affiliates, and their respective officers, directors, employees, and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.

14. Arbitration

By using the Services, you hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning or arising out of this Agreement. The arbitration will be conducted before a single arbitrator chosen by APS and will be held at the AAA location chosen by APS in Connecticut. Payment of all filing, administrative and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, APS will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this paragraph. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The arbitrator’s authority to resolve and make written awards is limited to claims between you and APS alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against APS in violation of this paragraph, you agree to pay APS’s reasonable costs and attorneys’ fees incurred in connection with our enforcement of this paragraph.

15. Independent Contractor

APS and User are independent contractors and nothing contained in this Agreement places APS and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party or to obligate or bind the other party in any manner whatsoever.

16. Governing Law; Jurisdiction

Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement, or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of Connecticut. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

17. Disclaimer

APS shall not be responsible for any damages your business may suffer. APS makes no warranties of any kind, expressed or implied for the Services. APS disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by APS or our employees.

18. Limited Warranty

THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, APS AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES, PROVIDED HEREUNDER. APS AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. APS AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA, TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

19. Entire Agreement

This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations, and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.

20. Headings

The headings herein are for convenience only and are not part of this Agreement.

21. Changes to the Agreement or the Services

APS may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the APS website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.APS reserves the right to modify, change, or discontinue any aspect of the Services at any time.

22. Severability

If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.

23. Waiver

No failure or delay by you or APS to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.

24. Assignment; Successors

You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of APS. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. APS may assign our rights and obligations under this Agreement and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

25. Force Majeure

Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

26. Third-Party Beneficiaries

Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against the user as if it were a party to this Agreement.  This file was last modified: May 11, 2020

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