Important: Please read carefully
These Terms of Service (this "Agreement") are a legal agreement between You, individually or on behalf of the entity You represent ("You", "Your", "Lessee", "Lessor", "Partner", "Member" or "Guest") and Mansion Group Inc. ("Mansion", "We", or "Us"). Mansion requires that all individuals and entities visiting any Mansion websites, including www.Mansion.io and its subdomains, as well as all other web properties owned by Mansion, including any mobile versions (collectively, the "Website") agree to the following terms. Mansion also provides a downloadable mobile software application for accessing Mansions services (the "App"). The software, functionality, and services that We provide through the Website and App are referred to as the "Services." By accessing the Services, You acknowledge that (i) You have read, understood and accepted the following terms and conditions; and (ii) You have had the opportunity to review the applicable terms of service governing any online marketplace or other third-party service from which you downloaded the App. The Services are provided by Mansion for the purpose of facilitating Your use of the Mansion services. Through the Services, You may utilize incorporated software to view information, receive an estimate, book a rental, and communicate with Mansion. The Services may also provide information and links related to other Mansion products and services, and third party products and services. By accessing, creating a user account, or otherwise using the Services, You represent to Us that You are at least 18 years old and You agree to be bound by the terms of this Agreement. This Agreement governs Your use of the Website and App only - Mansions Rental Agreement ("Member Contract") continues to govern Your rental and use of Mansion properties. IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, MANSION IS UNWILLING TO LICENSE THE SERVICES TO YOU, NO LICENSE IS GRANTED, AND YOU ARE NOT AUTHORIZED TO INSTALL OR USE THE APP OR OTHERWISE ACCESS THE SERVICES.
By accessing our Services, you agree to abide by all applicable local, state, national, and international laws and regulations in your use of our Services. Our Services are intended only for personal, non-commercial use by U.S. residents aged 18 years and over. If you do not qualify, please immediately discontinue use of our Services. We reserve the right to refuse to provide our Services to anyone at any time.
We reserve the right to restrict certain of our Services to registered users. In the event that any of our Services requires you to register prior to our granting you access, you agree to provide accurate, current, and complete account information, including but not limited to your name, address, telephone number, and email address, and to update this information as necessary to keep it accurate, current, and complete. You may not sell, transfer, or assign your account with us to anyone else. You are responsible for maintaining the confidentiality of your account name and password, and for all activities that occur while logged in under your account. You agree to notify us immediately at firstname.lastname@example.org of any unauthorized use of your account.
Mansion grants to you a limited, non-exclusive, non-transferable license to access and use our Services in accordance with the terms and conditions set forth in this Agreement. Mansion reserves all right, title and interest not expressly granted under this license to the fullest extent permitted by law. Any use of our Services not specifically permitted under this Agreement is strictly prohibited. You agree not to sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.
All content and materials available through our Services, including, but not limited to text, images, audio, video, interfaces, information, data, and computer code, are the property of Mansion (collectively, our "Content"). Our Content, including any content licensed to us by third party content providers (the "Providers"), is protected by U.S. and international intellectual property laws and treaties. You are permitted to access our Content only through our Services and you may not copy, modify, sell, reproduce, distribute, republish, display, post, create derivative or collective works from, or transmit in any form our Content, in whole or in part, without our prior written consent, which may be subsequently revoked at our sole discretion. You may not reverse engineer or reverse compile any of our Services or the technology used to operate our Services. Nothing in this Agreement grants you any license or right to use our Content except as expressly stated in this Agreement.
You agree that you will not use our Services in any manner that infringes the rights of any third party. If you are a copyright holder and believe your work has been used in our Services in a way that constitutes copyright infringement, please send a notice of infringement under the Digital Millennium Copyright Act ("DMCA") to: Mansion, c/o Legal Team 10919 Robinson Rock Court Charlotte, NC 28277 Phone: +1 (309) 868-6939 Email: email@example.com To find out what to include in the notice, click here to read the DMCA.
You agree that you will not use our Services to: (a) impersonate any person or entity or misrepresent your affiliation with any person or entity; (b) engage in spamming, flooding, harvesting of email addresses or other personal information, spidering, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or any other information, including specifically, property listings available through our Services; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the computer code comprising or in any way making up a part of our Services; (d) violate any applicable local, state, national or international law; (e) send chain letters or pyramid schemes via our Services; or (f) attempt to gain unauthorized access to other computer systems through our Services. You agree that you will not use our Services in any manner that could damage, disable, overburden, or impair our Services or interfere with any other party's use and enjoyment of our Services.
If you submit to us or post through our Services any property offer request, property listing, testimonial, comment, review, suggestion, or any work of authorship (collectively, a "submission") including, without limitation, submissions about any of our products or services, such submission will not be confidential or secret, and may be used by us in any manner. Please do not submit or send any submission to us that you consider contains confidential or proprietary information. No submission sent to us will be considered or treated as confidential information. We do not pre-screen submissions and we will have no obligation to read any particular submission submitted or sent to us. By submitting or sending a submission to us, you: (a) represent and warrant that the submission is original to you, that no other party has any rights thereto, and that any moral rights in such submission have been waived, and (b) grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. Mansion, ON BEHALF OF ITSELF, ITS AFFILIATES, AND THE PROVIDERS, DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE.
YOU USE OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES, AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING ANY COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH OUR SERVICES), OR THE LOSS OF DATA THAT MAY RESULT FROM THE USE OF OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES. ADDITIONALLY, YOU VISIT MANSION'S REAL PROPERTY AND SURROUNDING PREMISES (COLLECTIVELY, THE "PREMISES") AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ANY AND ALL RISK FOR ANY PROPERTY DAMAGE OR LOSS, OR BODILY, MENTAL, OR PERSONAL INJURY, INCLUDING DEATH, RELATING TO OR ARISING FROM VISITING THE PREMISES.
You acknowledge and agree that Mansion is not engaged in rendering legal, tax or other professional services. If legal, tax or other professional assistance is required, including but not limited to the review of agreements and forms made available to you through our Services, the services of a competent professional should be sought.
In no event shall Mansion be held liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with your use of our Services or our Content or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure in any way related to our Services or our Content, including but not limited to the inaccuracy of any reports, tools, analyses, agreements, or forms available through our Services or our Content. You agree that neither Mansion, its affiliates, nor any of their respective employees, or agents involved in the creation, production and distribution of our Services or our Content, is liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use or attempted use of our Services or our Content, including but not limited to any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials accessed through our services. Additionally, you agree that Mansion is not liable or responsible for any defamatory, offensive or illegal conduct of third parties. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, NOTHING IN THIS AGREEMENT SHALL AFFECT WARRANTIES OR LEGAL RIGHTS, INCLUDING BUT NOT LIMITED TO RIGHTS TO DAMAGES, WHICH ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless Mansion, its officers, directors, employees, affiliates, agents, and licensors from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of or in any way related to (i) any violation or alleged violation by you of the terms and conditions of this Agreement or any applicable law; (ii) your access, use, or misuse of our Services or our Content; and/or (iii) any infringement by you of the copyright or intellectual property rights of any third party. You must not settle any such claim or matter without the prior written consent of Mansion. We reserve the right, at our own expense, to assume the exclusive defense and control of any claim subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.
This Agreement will be governed by the laws of the state of California, without regard to its provisions relating to conflict of laws.
Our failure to enforce any of our rights or to act with respect to a breach by you or others of this Agreement does not constitute a waiver of any rights and will not limit our rights with respect to that breach or any subsequent breaches. No waiver by Mansion of any of the provisions in this Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of Mansion. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. We may assign this Agreement, or certain of our rights or obligations under this Agreement, to any party at any time without notice to you. You may not assign your rights or obligations under this Agreement, by operation of law or otherwise, without the prior written consent of Mansion.
If you provide, or have provided, a telephone number to us, you expressly agree that we may contact you at that number in order to provide you with informational and service messages, including via text message and/or by using automated telephone technology. Standard message and data rates may apply. You can opt-out of text messages by replying "STOP" to the sender. You represent and warrant that you are the authorized subscriber for the telephone number(s) you have provided. Please be aware that we may record or monitor telephone calls for quality assurance. If you provide, or have provided, an email or mail address to us, you agree that we may provide notices to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately.
Certain terms and conditions are specific to certain of our Services. We've broken those out below.
If you received a Mansion Home Value, Market Trend Report, Value Forecast, and/or Mansion Estimated Offer (collectively referred to herein as a "Mansion Estimate") from Mansion, that Mansion Estimate was calculated using publicly-available information and Mansion's proprietary valuation model built by our in-house team of real estate valuation professionals. It typically takes into account hundreds of data sets related to your home and its location including but not limited to data provided by you & collected from third party services such as HouseCanary. Importantly, the Mansion Estimate is not an appraisal, and is not an offer to rent and/or purchase your home from that amount. It is merely an invitation for you to request an offer to lease your home (a "Mansion Offer").
A Mansion Offer is an offer by Mansion to lease a home. You will be eligible to receive a Mansion Offer after you provide us with information about your home and (i) you are the owner or represent the owner of the home, (ii) the home is in one of our service areas, and (iii) the home meets our parameters, which may change from time to time for a given service area under our sole discretion. In making you a Mansion Offer, Mansion is not acting as your real estate agent or broker. Mansion is merely acting as, or on behalf of, a lessee of your property. As a lessor, you have the right, and it is your responsibility, to independently evaluate and decide whether to accept the Mansion Offer.
Your Mansion Offer will be calculated using publicly-available information, our proprietary valuation model, and the information you give us, like your unique home features and upgrades, and in some cases a visual inspection of your home. Importantly, a Mansion Offer is not an appraisal. It is the lease price Mansion is willing to pay for your home over an agreed upon period, subject to additional terms, conditions, and fees outlined in the offer.
Your Mansion Offer will reflect a figure for Mansion's service charges if any apply based on your offer. This service charge is intended to cover the expenses Mansion incurs in improving and leasing your home, including lost revenues from any early termination of the offer by you. Service charges will vary dependent on anticipated costs for the particular home and anticipated lost revenues from early termination. It does not include negotiated repairs costs or third party charges related to your legal requirements to maintain the home.
If you accept a Mansion Offer, you agree to the following additional terms and conditions regarding the lease of your home. We may modify this Agreement from time to time, so please review this Agreement at the time the Mansion Lease Contract (the "Master Lease") governing your home lease is executed. In the event of any conflict between the Master Lease and the terms of this Agreement or the terms of the Mansion Offer, the provision in the Master Lease shall prevail to the fullest extent permitted by law. When leasing to Mansion, the Master Lease is entered into based upon home information represented by the seller prior to a walk-thru/home assessment. Mansion reserves the right to request repairs or a price reduction should the home not accurately reflect the home information provided. In the event the parties do not agree to the repair request or price reduction, then either party may cancel the transaction.
Please ensure you've contacted the U.S. Postal Service to set up address forwarding to your new address effective as of your move-out date. Also, be sure to update your address anywhere that you regularly order packages from. Once your Mansion lease has closed, we disclaim all liability for any mail or packages delivered to the property.
By accessing any home leased by Mansion (a "Mansion Property"), you certify and agree you are entering the home with the express purpose of (1) evaluating the home for potential lease/purchase, or (2) engaged in authorized business with Mansion. You acknowledge that each access request grants up to 1 hour of time in the home, unless you have express permission from Mansion for extended on-site presence. Mansion may revoke permission to access one or more of its homes at any time. If you are asked to leave one Mansion Property, you lose permission to go to any future Mansion Property unless you receive notification otherwise from Mansion.
By entering a Mansion Property, you acknowledge and agree that you will not, and will not assist or enable others, to: breach or circumvent any applicable law, or terms of this Agreement; access the home if under the age of 18; smoke, vape, consume alcohol, or use any illicit or illegal substances on the Premises; abandon, leave behind, dump, or otherwise discard any property including, but not limited to, flyers, pamphlets, marketing or promotional materials, trash, garbage, waste product, or any other type of personal property on the Premises without the express consent of Mansion; remove any property from the Premises other than marketing or promotional materials provided by Mansion for such use; use any facilities in the home including, but not limited to, pools, showers, and appliances other than for the purpose of examining them in the course of reasonable evaluation for purchasing the home; request access other than through a method authorized by Mansion (authorized methods include the Mansion Mobile App, text-to-enter, and a phone call to Mansion's Customer Support line); enter the home other than through the front door; bring any weapon including, but not limited to guns, knives, blunt-force objects, and projectiles into the home or surrounding yard; avoid, bypass, remove, deactivate, impair, or otherwise attempt to circumvent any technological or security measure implemented by Mansion or any other third party to protect Mansion Properties and their contents and surroundings, Services, customers, and/or visitors; or violate or infringe anyone else's rights or otherwise cause harm to anyone. If, in accessing an Mansion Property, whether through an authorized method or not, you provide access to any individuals who have not expressly accepted this Agreement, you accept financial responsibility for their behavior including for any breaches by them of Section 2.3 of this Agreement. By accessing any Mansion Property, you accept responsibility for any damage you cause to the Premises and, to the fullest extent permitted by law, any bodily, mental, or personal injury, including death, relating to or arising from accessing or visiting the Premises.
If you contract to lease a home from Mansion ("Lessor"), you ("Lessee") agree to the following additional terms and conditions regarding your lease of the property (the "Property"). We may modify this Agreement from time to time, so please review this Agreement at the time the Lease and Member Contract (the "Member Contract") governing your property lease is executed. In the event of any conflict between the Member Contract and the terms of this Agreement, the provision in the Member Contract shall prevail to the fullest extent permitted by law. Lessor has provided Lessee with an opportunity to inspect the Property, and strongly encourages Lessee to seek a visual inspection digitally or in-person prior to executing the Member Contract. Lessee further recognizes Lessor has not resided in the Property and has limited knowledge thereof. Accordingly, to the fullest extent permitted by law in the applicable jurisdiction and under the terms of the Member Contract: LESSEE AGREES THAT LESSEE IS LEASING THE PROPERTY ON AN "AS IS, WHERE IS AND WITH ALL FAULTS BASIS" WITHOUT REPRESENTATIONS, WARRANTIES OR COVENANTS, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION OR VALUE OF THE PROPERTY, THE PRESENCE OR ABSENCE OF HAZARDOUS SUBSTANCES IN, ON OR UNDER THE PROPERTY, THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE LAW, OR EXPENSES ASSOCIATED WITH, THE PROPERTY. LESSEE REPRESENTS THAT IT HAS HAD AMPLE OPPORTUNITY TO OBTAIN LEGAL AND OTHER PROFESSIONAL COUNSEL OF ITS CHOOSING, AND THAT IT IS RELYING SOLELY ON ITS OWN INDEPENDENT JUDGMENT AND THAT OF ITS OWN PROFESSIONAL CONSULTANTS, IF ANY, IN ENTERING INTO THE MEMBER CONTRACT AND LEASING THE PROPERTY.
Mansion wholly owns two real estate brokerages, Mansion Brokerage LLC and Mansion Brokerage Inc. (collectively, the "Mansion Brokerages"). These brokerages have contractual relationships with certain multiple listing services (MLSs) that allow them to show you certain pictures and data related to listed and previously listed properties. Unless you are a licensed agent, you agree: to use this data only for personal use, and not for commercial uses; that you will not redistribute or otherwise use the data except in connection with your consideration of the purchase or sale of an individual property; and that the MLS that supplies the data owns such data and has proprietary rights and copyright to such data.
In the event you choose to lease a Mansion Property or lease your home to Mansion, one of the Mansion Brokerages will represent Mansion in the transaction as the lessee or as the lessor or as the property manager.
At your request, a Mansion Brokerage can refer you to a third-party agent that can represent you in your home purchase or sale ("Mansion Partner Agent"), and you may be eligible for promotions for working with that agent. Should you choose to work with that agent, the referring brokerage will receive a referral fee. However, we never require you to choose any particular agent to buy or sell a home.
In our Charlotte service area, you have the option to be represented by an agent at a Mansion Brokerage (a "Mansion Brokerage Agent") in your home purchase or home sale, and you may be eligible for promotions for working with that agent. Please note, however, that a Mansion Brokerage Agent will not be able to represent you if you purchase a Mansion Home, or in any other transaction where one of the Mansion Brokerages is the brokerage representing the seller. In that case, you remain welcome to work with a Mansion Partner Agent or another agent of your choice.
Subject to all terms and conditions of this Agreement, Mansion hereby grants You a nonexclusive, personal, non-transferable, non-assignable, limited right and license to use and access the Services and to download the App in accordance with this Agreement and any and all agreements and documents executed by You or delivered by Mansion (the "License"). We may discontinue some or all functionality of the Services at any time and for any reason, and we may also modify the Services to make them unavailable or inoperable. We may also terminate Your right to use or access the Services at any time and for any reason, including any breach or violation of this Agreement or the Mansion Rental Agreement, and Mansion reserves any and all remedies and rights at law or in equity in connection with any such breach or violation.
The Services are offered and provided to You subject to this Agreement as well as any other terms, conditions, or rules that we may post on the Website or the App from time to time, which are incorporated into this Agreement by reference. Mansion reserves the right to update this Agreement at any time without notice to You. If this Agreement is modified, we will post the updated Agreement on the Website, and any use of the Services after we post the revised Agreement constitutes agreement to the new terms. Your use or access to the Services may be subject to additional or different terms and conditions, as may be specified from time to time, including the following:
If a Guest books a reservation for a Mansion rental ("Stay"), Mansion is under no obligation to provide access to a Stay until the Guest provides payment and agrees to the terms of a Rental Agreement in a form provided by Mansion ("Rental Agreement" and "Member Contract").
By providing payment information, Guest agrees to purchase a Stay from Mansion ("Stay" or "Reservation"). The terms relating to payment by Guest are set forth within Sections of the Rental Agreement, and are incorporated herein by reference.
The terms relating to cancellation of a Stay are set forth within the Rental Agreement, and are incorporated herein by reference. In addition to the grounds for cancellation within the Rental Agreement, a Stay shall be deemed cancelled if Guest does not accept the terms of the Rental Agreement within four (4) days of Booking.
The terms relating to Stay changes are set forth within the Rental Agreement, and are incorporated herein by reference.
The Services are protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. All rights in the Services and the content displayed via the Services are reserved to Mansion and/or its licensors. No right to use any trademark or trade name of Mansion is granted to You hereunder other than the right to display the Mansion marks that are placed on the Services and the Mansion messages when they are rendered in the Services, in which case such marks may not be altered or removed by You without written approval by Mansion.
You expressly agree not to upload, post, modify, distribute, email, transmit, or otherwise make available any User Content that comprises any of the following ("Prohibited User Content"): (a) is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise injurious to third parties; (b) is protected by any patent, trademark, trade secret, copyright or other intellectual or proprietary right, unless You own such rights or have received all necessary consent; (c) constitutes a false, inaccurate, or misleading statement or omission; (d) impersonates any person or entity or otherwise misrepresents Your affiliation with a person or entity, or interfere with someone else's use of the Services; (e) constitutes a charity request, petition for signatures, chain letter, letter or information relating to one or more pyramid schemes, advertising or solicitation for funds, political campaigning, mass mailing, any form of unsolicited commercial email or "spam," or an offering or dissemination of fraudulent goods, services, schemes or promotions; (f) is sent via unsolicited email, if such email could reasonably be expected to provoke complaints from its recipients; (g) is harmful, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information; and/or (h) violates any applicable local, state, national or international law. You agree to indemnify Mansion for any claims or damages arising out of Your use, creation or posting of Prohibited User Content. The submission of information or materials to Mansion shall in no way prevent the purchase, manufacture, or use of similar products, services, plans, and ideas by Mansion for any purpose whatsoever. In addition, You grant Mansion the right, in any form now or hereafter known, to reproduce, use, disclose, distribute, transmit, create derivative works from, and publicly display and perform, any User Content You submit through the Services.
Unless as otherwise specifically stated in this Agreement, or as agreed upon in writing between You and Mansion, You may not, and You agree not to: (a) collect or use, in any manner and for any reason not specifically associated with Your permitted use of the Services under the terms of this Agreement, any information or descriptions on or related to the Services; (b) separate any individual component of the Services for use; (c) "frame" or use inclusion techniques to enclose any Mansion trademark, logo, Service, or other content on the Website within another website or within any other digital content; (d) use any data mining, scrapers, robots, or similar data gathering or extraction methods to obtain content or information from the Services; (e) distribute, modify, license, resell, or make any commercial use of the Services or any content on the Services apart from using the Services for their intended uses; (f) use the Services in any manner that violates a third party's intellectual property rights, including the rights of copyright owners in any content that You use or modify in connection with the Services; (g) attempt to gain unauthorized access to the Services or any third-party accounts by any means, including hacking or password mining; (h) use the Services in any way or for any purpose that is unlawful or prohibited by this Agreement; or (i) use the Services in any way that could damage or overburden the Services and interfere with any Mansion server or networking equipment, Mansion provision of the Services, or any user's use or enjoyment of the Services. You agree to abide by all laws and regulations in effect regarding Your use of the Services, including without limitation, its unauthorized use in connection with any copyrighted content. You may not authorize or assist any third party to do any of the things prohibited in this section.
Mansion may from time to time, in its sole discretion, make updates, modifications, supplements or new versions of the Services, or portions thereof, available to You under this Agreement. Mansion may also provide support to You to support Your use of the Services. However, Mansion has no obligation to do so or to provide any bug fixes, modifications, updates or technical support.
Keeping your information private and secure is incredibly important to us. This section explains what we collect and why we collect it.
Please note: we only collect what we need and we only share when it's necessary to help you out.
9.1.1 Your name & Address are collected so we can properly identify you and for billing/address verification purposes.
9.1.2 Your email address is collected as this will be a primary way we may communicate with you regarding notices, property information, receipts, and more.
9.1.3 Your mobile phone number is collected as this will be a primary way we may communicate with you regarding pressing matters such as access codes, instructions, and more.
9.1.4 Integrated Sign-On Services allow Mansion to easily authenticate you as a user while also gaining access to information you approve to be shared with us by the provider. Information we request includes email address and basic profile information.
More Information on how Mansion & Integrated Sign-On Services work.
9.1.5 Your Payment Information is collected when necessary and is tokenized and stored by our payment processing partner Stripe. Mansion does not store any raw credit card or payment information provided directly within our systems and we have limited direct access and controls over the payment information which includes information only about the transactions we have processed with your approval.
9.1.6 App & Device Usage Statistics may allows us to collect data from your smartphone. We aggregate and anonymize this data to look for statistical patterns that can help us give you, and all our users, more precise information, as well as to improve overall performance and experience.
9.2 Does Mansion share my information with others?
We will not share or sell your information for marketing purposes. We will share certain personal information with our partners and providers in order run our service and to resolve an incident. For example, we may share your name, address, and phone number with a handyman to resolve a property issue. We may also share non-personally identifiable information in order to improve our modeling and perform aggregate reporting, including by use of Google Analytics and other related services provided by analytics providers (for more information on how Google Analytics collects and processes data visit: https://policies.google.com/privacy/partners).
You may not share Your user account information with others or allow third parties to use Your Mansion login credentials at any time or for any reason unless otherwise allowed in writing by Mansion. You warrant, and Mansion may assume and rely on the assumption, that any and all activity and use of the Services under Your user account is done by You. You are solely responsible for maintaining the security of Your username, password, and all other user account information, and You agree that Mansion will not be liable for any loss or damages resulting from the use of Your account by others.
Use of the Services requires an internet connection and may result in charges from Your cellular service provider if viewed on a mobile device. Mansion is not responsible for any such charges. Mansion is also not liable for any disruption, failure, or malfunction of the Internet or other service providers or for any other situation or event that is out of Mansion's direct control. Mansion IS NOT RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF YOUR CELLULAR COMMUNICATION OR INTERNET SERVICE PROVIDERS, ANY APP MARKETPLACE PROVIDER, OR UNAVAILABILITY OR ERRORS ASSOCIATED WITH THEIR SYSTEMS OR SERVICES.
Mansion DOES NOT PROMISE THAT THE SERVICES OR ANY FUNCTIONALITY THEREOF WILL BE ERROR-FREE OR UNINTERRRUPTED OR THAT YOUR USE OF THE SERVICES WILL PROVIDE SPECIFIC RESULTS. THE SERVICES ARE PROVIDED BY Mansion "AS-IS" AND "AS-AVAILABLE" WITHOUT ANY OTHER WARRANTY OR REPRESENTATION OF ANY KIND. Mansion CANNOT ENSURE THAT THE SERVICES OR ANY FILES OR OTHER DATA YOU DOWNLOAD IN RELATION TO THE SERVICES WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. YOUR USE OF THE SERVICES, AND THE RESULTS AND PERFORMANCE ACHIEVED USING THE SERVICES, IS AT YOUR OWN RISK. Mansion DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE WITH RESPECT TO THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Mansion BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR SPECIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, ANY PROVISION OF OR FAILURE TO PROVIDE SUPPORT, OR OTHERWISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF Mansion, AND EVEN IF Mansion HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If, notwithstanding the other provisions of this Agreement, Mansion is found to be liable to You for any damage or loss which arises out of or is in any way connected with Your use of the Services, Mansion's liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to the Services paid in the six months prior to the date of the initial claim made against Mansion, or (2) US$200.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to You.
You hereby release, and shall defend, indemnify, and hold harmless, Mansion and its owners, officers, members, managers, directors, shareholders, subsidiaries, joint-ventures, partners, suppliers, employees, agents, licensors, and licensees from and against any and all claims, actions, suits, proceedings, demands, losses, liabilities, damages, judgments, settlements, penalties, costs, and expenses (including without limitation all reasonable attorneys' fees), known and unknown, arising out of (i) Your use of the Services; or (ii) any violation or breach of this Agreement. If you are a California resident, you waive California Civil Code §1542, which says: "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."
Without limiting its rights and remedies, if You fail to comply with the terms and conditions of this Agreement, Mansion may, in its sole discretion, terminate this Agreement upon any such failure. Upon termination of this Agreement, You must promptly cease all use of the Services and discontinue exercising all rights granted by this Agreement. Sections 3, 4, and 8 through 19 of this Agreement will survive any termination of this Agreement.
This Agreement shall be construed and controlled by the laws of the State of North Carolina without reference to its choice of law provisions, and Guest consents to exclusive jurisdiction and venue in the federal courts sitting in North Carolina, unless no federal jurisdiction exists, in which case Guest consents to exclusive jurisdiction and venue in the applicable Washington State Court located in Spokane, Washington. You waive all defenses of lack of personal jurisdiction and forum non conveniens.
This Agreement constitutes an individual consent by You to be bound by the terms of this Agreement and is the entire agreement between You and Mansion with regard to Your use of the Services, and any and all other written or oral agreements or understandings previously existing between You and Mansion with respect to such use are hereby superseded and cancelled. To the extent there are any conflicts or inconsistencies between this Agreement and any other such agreement, policy or documentation, the Rental Agreement shall control, then this Agreement.
Notwithstanding the foregoing, if you booked your Reservation using Airbnb, Booking.com, or a similar online travel agency platform (each an "OTA"), to the extent there are any conflicts or inconsistencies between the applicable OTA's terms and conditions relating to your Reservation and the terms of the Rental Agreement, the OTA's terms and conditions will supersede the Rental Agreement and the terms of this Agreement.
Although the Services are accessible worldwide, not all features, products, or services discussed, referenced, provided or offered through or on the Services are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Mansion reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made available through the Services is void where prohibited. If You choose to access the Services from outside the United States, You do so on Your own initiative and You are solely responsible for complying with applicable local laws.
By providing Your cellular telephone number to Mansion, You expressly consent to receive calls and text messages from Mansion, which may include information about Your account or Your Booking with Mansion or pre-recorded and/or pre-prepared advertising messages by or on behalf of Mansion.
If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of this Agreement, so that this Agreement shall remain in full force and effect. Mansion's failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by Mansion of any provision or any right it has to enforce this Agreement, nor shall any course of conduct between Mansion and You or any other party be deemed to modify any provision of this Agreement. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties. You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties. This Agreement was last modified on April 15, 2020. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY Mansion.