Cazizo Terms of Service

These Cazizo Terms of Service (the “Terms of Service”) govern your use of the websites, applications and other services (collectively, the “Services”) provided by Cazizo LLC (“Cazizo”). Your access or use of any portion of the Services constitutes your unconditional agreement to be bound by these Terms of Service. IF YOU DO NOT ACCEPT THE TERMS OF SERVICE YOU ARE PROHIBITED FROM USING OR ACCESSING THE SERVICES.

  1. Eligibility; Registration. Use of the Services is limited to United States residents at 18 years of age. Access to certain features of the Services requires you to create a user account. You represent and warrant that the sign-up information you provide is accurate and you are strictly prohibited from providing false or misleading sign-up information, including using a name, email address or contact information that is not your own. Except as specifically permitted herein, you will not share your account with or permit account access by any other person. You are responsible for maintaining the secrecy of your account login credentials and are liable for all activities that occur on your account. You agree to immediately notify Cazizo of any unauthorized use of your account security. Cazizo reserves the right to suspend or cancel any account for any reason.
  2. Use.
    1. Subject to your compliance with these Terms of Service and payment of all fees (if applicable), Cazizo grants to you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Services solely for the Purpose. As used herein, “Purpose” means your own use of the Services to (i) obtain information about residential real estate listed for lease, rental or sale on the Services (“Listings”); (ii) communicate with agents or brokers who have posted such Listings; (iii) create a user account; (iv) post reviews of Listings, agents and brokers; and, if you are a Professional user in good standing, (v) post, revise, manage and promote your Listings; (vi) communicate with users of who request information about your Listings; and (vii) use the features provided by your Professional account.
    2. You shall not (i) distribute, re-license, sell, lease, transfer, encumber, assign or make available for public use the Services or any portion thereof; (ii) interfere or attempt to interfere with the proper operation of the Services or any activities conducted through the Services or disable or bypass any measures that Cazizo may use to prevent or restrict access to any Services; (iii) use any robot, spider, tracking pixels, cookies or other device to retrieve, index, scrape, data mine or in any way gather information, content or other materials from the Services, provided, the foregoing shall not prohibit crawling and indexing functions performed by public search engine providers for purposes of generating search engine results; (iv) decipher, decompile, disassemble, reverse engineer, simulate, derive or attempt to discover any source code or underlying structure, ideas or algorithms from the Services; (v) create any derivative work or modification of the Services; (vi) remove, obscure or alter any proprietary notices; (vii) use the Services for any benchmarking purposes or for application service provider, timesharing, service bureau or competitive purposes, or any purpose other than as contemplated by these Terms of Service; (viii) perform any activities likely to have a detrimental impact on the functionality of the Services; (ix) harm or disparage Cazizo or any other user; (x) use or access the Services to create any software or service similar to or competitive with the Services; or (xi) use the Services other than in accordance with these Terms of Service and all applicable laws and regulations.
    3. Professional users may promote their listings at an additional cost through promotional features offered by Cazizo. Use of the Services to advertise, promote, offer or sell other goods and services is strictly prohibited.
    4. To be eligible for a Professional account, you must be a licensed broker or agent in good standing, submit your license number during the account registration process and keep this information up to date at all times. Cazizo may confirm your licensure through a search of public records and you authorize Cazizo to use the information you provide for this purpose. Broker account holders and administrators may access and manage the accounts, including Listings, of any agents registered under such broker’s license.
  3. Content.
    1. Elements of the Services may allow you and other users to post or upload content including images, text, video, listings, reviews and other information and media (“Content”). Cazizo is not responsible for Content provided by users or other third parties and disclaims all liability therefor. Content you post or upload will be publicly visible and Cazizo is under no obligation to maintain the confidentiality of any Content or for the activities of third parties with respect to such Content, including any use, misuse or infringement of such Content.
    2. By uploading Content, you agree to and hereby do grant, and do represent and warrant that you have the right to grant, Cazizo a royalty-free, fully paid up, perpetual, irrevocable, fully sub-licensable, worldwide license to use, copy, display, store, modify, host, process, deliver, transmit, prepare derivative works from, translate, and perform such Content in connection with the Services and for such other purposes as Cazizo determines. You are solely responsible for any Content or other material that you post, upload, submit or distribute through the Services. Cazizo has no obligation to store, back-up or display Content and disclaims any responsibility for deleted, lost, corrupted or inaccessible Content. Cazizo reserves the right to modify or remove Content in its sole discretion.
    3. You shall not post or upload any Content that (a) infringes any copyright, trademark, patent, trade secret, right of publicity or other right of any person or entity; (b) is unlawful, discriminatory, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive, tortious, obscene, offensive, vulgar, pornographic, profane or is otherwise inappropriate as determined by Cazizo in its sole discretion; (c) contains any virus, worm, malicious code, Trojan horse, time bomb, spyware, malware or other computer code, file or program designed, intended or likely to disrupt, damage, limit or interfere with the proper function of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Cazizo or any person or entity; (d) encourages illegal activity; or (e) falsely suggests or implies sponsorship or endorsement by Cazizo.
  4. Listing Guidelines. You are responsible to ensure that your Listings (a) are authorized by the relevant property owner or management company, as applicable, (b) comply with all applicable laws and regulations, including those pertaining to fair housing and nondiscrimination, and (c) are accurate and not misleading in all material respects, including address, unit number, amenities, photographs, pricing, and all other information provided. Listings that violate the foregoing are subject to immediate removal and intentional or repeated violations may result in the suspension or termination of your account. If you believe that a Listing does not comply with these guidelines, please notify Cazizo at Support@cazizo.com.
  5. Third Party Materials. The Services may include links to third party websites, services or other materials (“Third Party Materials”). Cazizo does not control or endorse, and disclaims all responsibility or liability for, any Third Party Materials or elements thereof. You are solely responsible to review the terms and conditions applicable to such Third Party Materials.
  6. Termination.
    1. These Terms of Service and your account are subject to termination by Cazizo immediately if (a) you violate any term of these Terms of Service, (b) you fail to timely pay a fee, (c) you are or become engaged in a business that is competitive with Cazizo’s business, or (d) you become insolvent, declare bankruptcy or a receiver or trustee is appointed for you. You or Cazizo may also terminate these Terms of Service at any time for convenience.
    2. In the event of Cazizo’s termination pursuant to (a) – (d) above or your termination for convenience, Cazizo is under no obligation to provide a refund of any fees received from you or to apply such fees to future use of Services. In the event of Cazizo’s termination for convenience, you shall be entitled to request a pro-rata refund of unused pre-paid fees.
    3. Upon expiration or termination of these Terms of Service for any reason, you shall immediately cease using the Services. Cazizo may delete any Content, information, files or materials in or related to your account, and Cazizo will have no obligation whatsoever to save or make any such Content, information, files or materials available to you or any other party. You agree that Cazizo will have no liability whatsoever to you or any other party related to termination of access to your account or as a result of the deletion or loss of any Content, information, files or materials in or related to your account.
    4. Upon expiration or termination, all rights, obligations and licenses of the parties shall cease, except that all obligations that accrued prior to the effective date of expiration or termination and remedies for breach of these Terms of Service shall survive, as shall any provisions of these Terms of Service that, by their nature, survive termination.
  7. Intellectual Property. Cazizo shall retain all intellectual property rights pertaining to the Services, including but not limited to copyright, trademark and patent rights and all rights not expressly granted herein are reserved by Cazizo. Content shall be subject to Cazizo’s DMCA policy presently available at www.cazizo.com/dmca which is incorporated by reference herein.
  8. Disclaimer. EXCEPT AS OTHERWISE PROVIDED AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS OTHERWISE PROVIDED, USE OF THE SERVICES IS AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF EXERCISING THE RIGHTS GRANTED UNDER THESE TERMS OF SERVICE AND ASSUME ALL RISKS ASSOCIATED THEREWITH, INCLUDING BUT NOT LIMITED TO THE RISKS AND COSTS OF PROGRAM ERRORS, COMPLIANCE WITH APPLICABLE LAWS, DAMAGE TO OR LOSS OF DATA, PROGRAMS OR EQUIPMENT, SUITABILITY FOR HOSTING AND UNAVAILABILITY OR INTERRUPTION. CAZIZO IS NOT RESPONSIBLE FOR ANY ERRORS IN THE INFORMATION OR CONTENT DISPLAYED THROUGH THE SERVICES, INCLUDING THE ACCURACY OF LISTING INFORMATION.
  9. Privacy. Exercise of the rights and licenses granted hereunder shall be subject to Cazizo’s Privacy Policy, currently located at www.cazizo.com/privacypolicy which is incorporated by reference herein. Cazizo will not sell or share your information or data to third parties without your prior consent. However, information you provide for purposes of contacting or communicating with third parties (e.g. inquiries to listing agents) will be shared therewith. Cazizo may use your information and data to: deliver the Services; manage your account; provide customer support; perform data analysis; communicate with you; market goods and services to you; develop and display content and advertising tailored to your interests; enforce our Terms of Service; manage our business; and perform functions otherwise described to you at the time of collection.
  10. Fees and Payment. Fees for use of the Services are published at www.cazizo.com/pricing. Cazizo may modify the fees for Services at any time by written notice. You agree to timely pay in U.S. Dollars all fees due for your use of the Services. Cazizo reserves the right to withhold or suspend your access to Services if fees are not timely paid. Such suspension shall not affect your duty to pay all fees due or constitute termination of these Terms of Service absent Cazizo’s notice of termination. All Fees are non-refundable except as otherwise provided in these Terms of Service. You shall be responsible to pay all Taxes (except Cazizo’s corporate taxes) and all other charges (for example, currency exchange settlements) due in connection with the fees and your use of the Services. Periodic (e.g., monthly) fees are billed in advance and you must provide a valid form of payment (e.g., credit card or debit card account) and accurate billing information. You hereby authorize Cazizo to charge all fees incurred to the designated payment form and acknowledge that periodic fees may be charged automatically and without separate authorization.
  11. Representations and Warranties. You represent and warrant that (a) you are at least eighteen (18) years old, (b) all information provided during the registration process is true, accurate and complete, and you will promptly update your registration information with any changes thereto, (c) you are not a resident of (and will not use the Services in) a country that the U.S. government has embargoed for use of the Services, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations, (d) your Content conforms to the standards set forth in the Section of these Terms of Service titled Content; (e) your use of the Services shall not be for the purpose of harassing, abusing, threatening or otherwise violating the legal rights of others, (f) your use of the Services is in compliance with all applicable laws and regulations, and (xiv) except for your own personal information, you will not share, pass or transfer any personally identifiable information to Cazizo.
  12. Limitation of Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW OR TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF ITS LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE, IN NO EVENT SHALL CAZIZO BE LIABLE UNDER ANY EQUITY, COMMON LAW, CONTRACT, ESTOPPEL, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER THEORY (REGARDLESS OF THE FORM OF ACTION) (A) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, REVENUES, SAVINGS, CUSTOMERS, OPPORTUNITIES OR GOODWILL), (B) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL OR (C) FOR ANY LOSS, CORRUPTION OR INACCURACY OF CONTENT, LOSS OR INTERRUPTION OF USE OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, EVEN IF CAZIZO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY AGREES AND DOES WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT AGAINST THE OTHER PARTY FOR ANY MATTER WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF SERVICE. NO ACTION, SUIT OR PROCEEDING SHALL BE BROUGHT AGAINST CAZIZO MORE THAN ONE YEAR AFTER THE DATE OF RELATED SERVICES UNDER THESE TERMS OF SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST CAZIZO WITH RESPECT TO THESE TERMS OF SERVICE OR THE SERVICES IS TO DISCONTINUE USING THE SERVICES.
  13. Release. You hereby release Cazizo, its employees, officers, affiliates and agents from all liability related to any and all claims you may assert against any third party arising out of the Services. You further waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
  14. Basis of the Bargain. YOU AGREE THAT THE SECTIONS TITLED DISCLAIMER, LIMITATION OF LIABILITY AND RELEASE FAIRLY ALLOCATE THE RISKS BETWEEN THE PARTIES AND ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES SUCH THAT THE PARTIES WOULD NOT HAVE ENTERED INTO THESE TERMS OF SERVICE WITHOUT SUCH SECTIONS.
  15. Indemnity. Except as otherwise set forth in these Terms of Service, you will indemnify, defend and hold harmless Cazizo, its employees, officers, affiliates and agents from and against all claims, and for all resulting losses (including attorney’s fees) that result or arise from claims, which in whole or in part, pertain to or arise from your use of the Services, any breach of your representations and warranties or violations of your obligations under the Section titled Use. You will pay all amounts agreed to in a monetary settlement of such claims and all losses that result or arise from such claims. Notwithstanding the foregoing, you shall have no duty to indemnify or defend Cazizo from claims which primarily allege that Services, as provided to you by Cazizo and used in accordance with these Terms of Service, infringe the intellectual property rights of a third party.
  16. Choice of Law; Arbitration.
    1. These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York. This section is governed by the Federal Arbitration Act.
    2. You and Cazizo agree to submit to mandatory binding arbitration any and all Claims under this Agreement. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO CLAIMS COVERED BY THIS AGREEMENT. The arbitration shall be conducted through JAMS before a single neutral arbitrator mutually selected by the parties, or, if they cannot agree, pursuant to JAMS Streamlined Arbitration Rules and Procedures. The arbitrator shall also have the sole and exclusive authority to determine the enforceability, interpretation, and implementation of these Terms of Service. The arbitrator shall issue a written decision that contains the essential findings and conclusions on which the decision is based. Each party will pay the fees for their its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. Notwithstanding the foregoing, a party may apply to a court of competent jurisdiction for interim or provisional relief that is necessary to protect the rights of that party, pending the commencement of arbitration. Except as may be required by law or as necessary to enforce the arbitrator’s award, neither a party shall disclose the results of any arbitration hereunder without the prior written consent of the other party.
  17. Modification. Cazizo may modify these Terms of Service at any time in its sole discretion and such modifications shall take effect and be binding on you on the earliest date on which they are posted to Cazizo’s publicly available website. No one other than Cazizo has the right to modify these Terms of Service.
  18. General. These Terms of Service constitute the entire agreement between you and Cazizo with respect to the subject matter hereof and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. You agree and certify that you will not export or re-export, directly or indirectly, the Services contrary to the laws of the United States or any other country from or to which such export or re-export may occur. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of the Terms of Service shall be enforced to the maximum extent permissible so as to effectuate the intent of the parties, and the remainder of these Terms of Service shall continue in full force and effect. Cazizo may assign these Terms of Service, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Service, or assign, transfer or sublicense your rights, if any, in the Services. No term or provision of these Terms of Service shall be deemed waived by Cazizo and no breach excused by Cazizo, unless such waiver or consent shall be in writing and signed by Cazizo. Any consent by Cazizo to, or waiver of, a breach by you whether expressed or implied, shall not constitute consent to, waiver of, or excuse for, any other breach or any subsequent breach, except as may be expressly provided by Cazizo.
Last Revised: March 14, 2019