User Agreement
Welcome to TheXedList.com
This TheXedlist.com User Agreement ("Terms") applies to your access to and use of the websites, mobile apps, widgets, APIs, emails, and other online products and services (collectively, the “Services”) provided by theXedlist.com. (“theXedlist,” “we,” “us,” or “our”).
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you are prohibited from accessing or using our Services.
1. Accessing to the Services
By using the Services, you state that:
- You are at least 18 years old and over the minimum age required by the laws of your country of residence to access and use the Services;
- You can form a binding contract with theXedlist.com, or, if you are over 18 but under the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms;
- You are not barred from using the Services under all applicable laws; and
- You have not been permanently suspended or removed from the Services.
2. Using the Services
Subject to your complete and ongoing compliance with these Terms, We grants you a personal, non-transferable, non-exclusive, revocable, limited license to access and use the Services. We reserve all rights not expressly granted to you by these Terms. Your use of the Services is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, incomplete, or otherwise inappropriate. Except and solely to the extent such a restriction is impermissible under applicable law, you may not, without our written agreement:
- License, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content;
- Modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or
- Access the Services or Content in order to build a similar or competitive website, product, or service;
3. Account and Account Security
To use certain features of our Services, you may be required to create a theXedlist.com account (an “Account”) and provide us with a username, password, and certain other information about yourself. You are solely responsible for the information associated with your Account and anything that happens related to your Account. You must maintain the security of your Account and immediately notify us if you discover or suspect that someone has accessed your Account without your permission. You may not impersonate someone else, provide an email address other than your own, create multiple Accounts, or transfer your Account to another person without theXedlist.com’s prior approval. We reserve the right to close your Account at any time for any or no reason.
4. Communications from theXedlist.com and from Others
By accessing or using the Services, you consent to receive communications from theXedlist.com and other users through the Services, or through any other means such as emails, push notifications, text messages (including SMS and MMS), and phone calls. These communications may promote theXedlist.com or services listed on theXedlist.com, and may be initiated by theXedlist.com, services listed on theXedlist.com, or other users.
5. Content
The Services may contain information, text, links, graphics, photos, videos, audio, streams, software, tools, or other materials (“Content”), including Content created with or submitted to the Services by you or through your Account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of the Content.
By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. You represent that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; or violates these Terms.
The content you contribute to theXedlist.com is given voluntarily and at your discretion. In providing this content, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed anywhere in the world. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with theXedlist.com. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content. Additionally, you irrevocably grant the users of the Services the right to access your content in connection with their use of the Services. However, please be aware that theXedlist.com cannot accept liability for slander, defamation, or any lawsuits arising from incorrect or inaccurate data, as all profiles are submitted by users.
While we prioritize data privacy and strive to maintain it to the best of our ability, we cannot accept liability for data privacy issues related to user-submitted content. By contributing content to our platform, you acknowledge and agree to these terms. We do not screen, monitor, or verify this data for accuracy or reliability. User Content does not necessarily reflect the opinion of theXedlist.com. We have no obligation to retain or provide you with copies of Your Content, and we do not guarantee any confidentiality with respect to Your Content. We reserve the right to delete, remove, screen, edit, or reinstate User Content at our sole discretion for any reason or no reason, and without notice to you.
6. Advertisements
The Services may also contain sponsored third-Party Content or advertisements. You acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
7. Restrictions on Use
The information and data obtained from theXedlist.com are intended for informational purposes only. Users are strictly prohibited from using the information for any discriminatory practices or decisions, including but not limited to rental decisions based on race, color, national origin, religion, sex, familial status, or disability. Users are strictly prohibited from using the services of theXedlist to determine one's eligibility for housing or any other reason subject to the Fair Credit Reporting Act ("FCRA").
Additionally, the data from our platform may not be used as evidence in any legal proceedings, including but not limited to court proceedings, arbitration, or other dispute resolution methods. Users must respect the rights and privacy of others when using the information provided by our services. Any use of the data in a manner that could damage, disable, overburden, or impair the Services, or in any manner that could interfere with any other party’s use and enjoyment of the Services, is strictly prohibited. By accessing and using data from theXedlist.com, you agree to abide by these restrictions. You represent and warrant that you will not, and will not assist, encourage, or enable others to use the Services to:- Violate our Terms;
- Post any fake or defamatory review, trade reviews with others, or compensate someone or be compensated to post, refrain from posting, or remove a review;
- Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- Promote a business or other commercial venture or event, or otherwise use the Services for commercial purposes;
- Violate any applicable law;
- Use any robot, spider, service search/retrieval application, or other automated device, process or means to access, retrieve, copy, scrape, or index any portion of the Services or any Services Content;
- Attempt to gain unauthorized access to the Services, Accounts, computer systems or networks connected to the Services through hacking, password mining or any other means;
- Use the Services or any Services Content to transmit any computer viruses, worms, defects, Trojan horses, malicious code, spyware, malware or other items of a destructive or harmful nature.
8. Voluntary Provision of Information
All data and content provided to theXedlist.com is voluntarily submitted by hosts, landlords, and property management companies. By submitting guest and renter data to theXedlist.com.com, you represent and warrant that you have obtained all necessary consents and permissions from the individuals whose data is being submitted, and that the submission of such data complies with all applicable laws and regulations.
9. Indemnity
You agree to indemnify and hold harmless theXedlist.com, its officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services or Content, (b) your User Content, (c) your violation of these Terms, or (d) your violation of applicable laws or regulations.
10. Disclaimers and Limitation of Liability
The services are provided “as is” and “as available” without representations, warranties, or conditions of any kind, whether express, implied, legal, or statutory, including implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. The theXedlist.com entities do not warrant that the services are accurate, complete, reliable, current, or error free. theXedlist.com does not control, endorse, or take responsibility for any content available on or linked to the services or the actions of any third party or user. theXedlist.com does not represent or warrant that our services or servers are free of viruses or other harmful components.
To the maximum extent permitted by law, theXedlist.com shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from or related to this Terms or (a) your access to or use of or inability to access or use the Services; (b) any conduct or content on the Services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (c) any content obtained from the Services; or (d) unauthorized access, use or alteration of your transmissions or content.
In no event shall the aggregate liability of theXedlist.com exceed the greater of fifty U.S. dollars (U.S. $50.00) or the amount you paid theXedlist.com, if any, in the past six months for the Services giving rise to the claim.
The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not theXedlist.com has been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
11. No Class Action Lawsuits and Third-Party Lawsuits
In addition to the terms outlined above, it is expressly agreed that users of theXedlist.com are prohibited from initiating or participating in any class action lawsuits against theXedlist.com. Any disputes, claims, or controversies arising out of or related to these Terms or the Services provided by theXedlist.com shall be resolved through individual arbitration. This means that each user waives the right to participate in any class, group, or representative action or proceeding.
Furthermore, users acknowledge and agree that theXedlist.com shall not be held liable for any lawsuits or claims brought by third-party companies or platforms, irrespective of whether the content was used without our direct involvement. This includes situations where the content is utilized by third-party entities, and users expressly release theXedlist.com from any liability arising from such third-party actions.
By continuing to access or use the Services provided by theXedlist.com, users implicitly consent to these dispute resolution mechanisms and limitations on legal actions.
12. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the state of California, without regard to its conflict of law principles. Users agree that any legal action or proceeding arising out of or related to these Terms or the use of theXedlist.com’s Services shall be brought exclusively in the state or federal courts located in the state of California. Users hereby consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
13. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms shall remain in full force and effect.
These additional terms are integral parts of the theXedlist.com Terms and Conditions and should be read in conjunction with the entire agreement. By accessing or using theXedlist.com’s Services, users affirmatively acknowledge and agree to the terms outlined herein.
14. Changes to the Terms
We may modify the Terms from time to time. The most current version of the Terms will be located on our website. You understand and agree that your access to or use of the Services is governed by the Terms effective at the time of your access to or use of the Services. If we make material changes to these Terms, we will notify you by email, by posting notice on the Services, and/or by other methods prior to the effective date of the changes. You should revisit these Terms on a regular basis as revised versions will be binding on you. You understand and agree that your continued access to or use of the Services after the effective date of changes to the Terms represents your acceptance of such changes.