Terms & Conditions
Terms & Conditions
These Terms of Service apply to the services offered by Uloop Inc. (“CribWiz.com”) in connection with the CribWiz.com, websites and related mobile applications, as well as any publicly available versions that may be offered through a distribution partner (collectively the “Site”). Any individual who visits, views, accesses or uses any version of the Site, including through a bot or other automated means, (“You” or “User”) is bound by these Terms of Service. By using the Site, You represent and warrant that You are at least eighteen (18) years of age and You hereby agree to be bound by all of the following provisions of these Terms of Service, which form a legally binding contract between You and CribWiz.com. You further represent and warrant that You are not a competitor of CribWiz.com or any of its affiliates. If You do not agree to these Terms of Service, You are prohibited from accessing the Site and must immediately discontinue such access.
By accessing the Site, you consent to the collection and use of certain information, as specified in the Privacy Statement.About CribWiz
The Site is an online advertising, searching and information service for apartment hunters, dwellers, landlords, and property managers. CribWiz.com does not broker, lease, or sublease apartments directly and is not a party to any transaction between landlords (including, as applicable, property management companies and/or property managers) and renters. As a result, CribWiz.com does not (a) guarantee or ensure any apartment or any transaction between a renter and landlord, (b) conduct background screening on rental candidates, execute any lease or sublease documentation on behalf of renters or landlords or collect payment on behalf of renters or landlords, (c) act as a property manager, broker, payment processor, money transmitter, payment manager, debt collector, or credit reporting agency, and does not guarantee any results from using the Service or (d) broker, lease, or sublease or offer to broker, lease or sublease, or own any apartments. The Site facilitates certain services provided by third parties, including, without limitation, background screening and payment collection and processing. You may be subject to additional third party terms and conditions for such services, which will be provided to you for review and acceptance, if applicable, at the time of use of such services. You are strongly encouraged to personally inspect any apartment advertised for rent prior to: signing any lease documentation; providing personal information such as a social security number on a lease application; or wiring or otherwise sending money for any deposit, rent payment or application fee. By using the Site, You acknowledge that published rents and availabilities are subject to change at the sole discretion of the property owner or manager at any time and without further notice.Site Materials
The Website and Services are the property of CribWiz.com. Except as expressly provided below in the case of User Data (as defined below), all the data, information, text, images (including video), designs, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on or made available through the Website, and any of the foregoing sent to you by e-mail or other means (collectively, the "Site Content") are owned by CribWiz.com, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.Use of Third-Party Call Service when You Call Properties.
Our listings contain phone numbers through which you may contact our advertisers. We have an agreement with a third-party provider (the “Call Service”) allowing properties listed on the Sites to be assigned a unique phone number as part of their listing and to use call measurement and monitoring services, for purposes of quality assurance, customer service, via the Call Service’s telecommunications network.
By using the Sites to access listings and by contacting advertisers/properties via the telephone numbers listed on the Sites, you consent and give permission to have your voice, identity and call content recorded, monitored, stored and divulged for the purposes described above. You will be notified at the beginning of a call if it may be recorded or monitored.Consent to Auto-Dialed Text Messages and Phone Calls.
You agree that CribWiz.com, its distribution partners, subsidiaries or affiliates may contact you by autodialed text messages and phone calls with information about the Service, your account, and marketing messages, even if your phone number is on a do-not-call list. You are not required to provide this consent as a condition of purchasing anything or using the Service. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your old number.Claims of Copyright Infringement
Uloop and the Site comply with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512). If you believe that your work has been copied and has been posted to the Sites in a way that constitutes copyright infringement, please provide our copyright agent the following written information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Sites;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Before sending a notice to us, you should confirm that you are the copyright owner or have rights to the copyright which the DMCA requires. Contact information for our copyright agent for notice of claims of copyright infringement is provided below.
Via email to: email@example.com or via mail to:
Attn: General Counsel
306 S. Washington Ave
Royal Oak, MI 48067
The CribWiz name, the CribWiz logo, and all related names, logos, product and service names, designs and slogans are registered or unregistered trademarks of Uloop or its affiliates or licensors, and may not be used in connection with any service or products other than those provided by Uloop, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Uloop. Any use of such marks, or any others displayed on the Website, will inure solely to the benefit of their respective owners.Software
All software used on the Website is proprietary to the Site or to third parties, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or reduction of such software to human-readable form is prohibited.User Content
By submitting communications, photos, data, information, reviews/opinions or any other content (“User Content”) to us or the Site, you are (i) authorizing us to use such User Content (including, where applicable, your name, image and likeness) and (ii) granting us a limited, non-exclusive, royalty-free, sublicensable, irrevocable right and license to copy, use, distribute, reproduce, modify, display, perform, create derivative works from, store and otherwise use such User Content, in any media known now or in the future. You represent and warrant that you have sufficient rights in the User Content to make this grant. You understand and agree that User Content submitted through the Sites is not confidential or proprietary.
The Site provides opportunities for you to provide opinions or reviews (“User Commentary”). User Commentary must not violate these Terms of Service (especially as set forth below under No Unlawful or Prohibited Use). In addition, you represent and warrant that User Content and User Commentary submitted by you does not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
- Promote sexually explicit, pornographic material or violence;
- Contain anything that is discriminatory based on race, color, sex, religion, nationality, disability, sexual orientation, gender identity, marital status or age;
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service;
- Be likely to deceive any person;
- Promote any illegal activity, or advocate, promote, or assist any unlawful act;
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
- Involve commercial activities or sales, or advertising; or
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
We do not endorse the accuracy or reliability of any User Commentary, and User Commentary does not reflect the views of the Site. CribWiz.com accepts no liability whatsoever for user content or user commentary.CribWiz.com’s Rights
CribWiz.com cannot and does not monitor all of the Content posted or transmitted by You and other third-party information providers. CribWiz.com reserves the right, in its sole discretion, to monitor, refuse to publish, remove, delete, move or edit any Content without notice, at any time for any reason. By using the Site, You expressly agree that CribWiz.com (a) will not be liable for any claims, actions or judgments arising out of or related to any Content and (b) may monitor, refuse to publish, remove, delete, move or edit any Content without notice at any time for any reason, without liability and without providing a refund. You further expressly agree that You are solely responsible for any and all Content You submit to the Site.Indemnity
You agree to defend, indemnify, and hold harmless CribWiz.com and our officers, directors, employees, successors, licensors, service providers, and assignees from and against any claims, actions, demands, liabilities, losses, damages, costs and expenses including attorneys’ fees, arising from (i) any distribution, publication, refusal to publish, removal, deletion, movement, editing or other use of the Content or Reference Information You provide, (ii) your use of the Site or any reliance on the Materials, (iii) your breach of these Terms of Service or (iv) any actual, prospective or terminated sale, lease or other transaction between You and a third party.
You hereby represent, warrant and agree that (a) You have all necessary authority, rights and permissions to submit the Content to the Site, (b) the Content does not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or any other intellectual property or other right of any third party, including any rights of privacy or publicity, (c) the Content, Reference Information and Your use of the Site does not and will not violate any applicable federal, state, or local law or regulation including, but not limited to, any fair housing laws or regulations or applicable real estate licensure or brokerage regulations, or cause injury to any person, (d) the Content and Reference Information is complete, truthful, accurate and not misleading, (e) the Content and Reference Information has not been submitted in order to mislead, deceive or defraud or seek to mislead, deceive or defraud any other User of the Site, and (f) You will not mislead, deceive, defraud, seek to mislead, deceive or defraud, make any misrepresentations to, or seek to make misrepresentations to, any other User of the Site. You acknowledge that these representations concern facts that are material to CribWiz.com.Prohibited Activities
As a condition of your use of the Site, you agree to comply with all applicable federal, state and local laws, statutes, ordinances and regulations regarding your use of our service and any related activities, including, without limitation, the Fair Housing Act, the Fair Credit Reporting Act, and any applicable rent-control or rent-stabilization laws. You warrant that you will not use the Site in any way prohibited by law and/or otherwise prohibited by these terms, conditions and notices. In addition, you will not:
- use the Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from the Site;
- distribute or post spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm the Site or the interests or property of users of the Site;
- copy, modify, republish or distribute content from the Site (except as provided herein) or the Marks;
- impersonate another person or otherwise misrepresent your affiliation with another person or entity, conduct fraud, hide or attempt to hide your identity;
- provide inaccurate contact information or other misleading information, User Content or User Commentary;
- harvest or otherwise collect information about users, including email addresses, without their consent;
- transmit to the Site or any user any information or materials of any kind which (i) violate, plagiarize or infringe on the intellectual property or contractual rights of any third party; or (ii) are libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, tortious, invasive of another’s privacy, hateful, or otherwise objectionable; or (iii) contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
The rental advertisements and related services posted on the Sites are procured and provided by CribWiz.com and/or its subsidiaries and affiliates. In the case of any violation of our Agreement, CribWiz.com and its affiliates, reserve the right to seek all remedies available by law and in equity for such violations, including termination of your use of the Sites.General Disclaimer
ALTHOUGH CRIBWIZ.COM HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE WEBSITE AND OUR MOBILE APPLICATIONS, CRIBWIZ.COM ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION. ALL INFORMATION PROVIDED ON THE SITES IS PROVIDED “AS IS” WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. CRIBWIZ.COM HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, EXCEPT TO THE EXTENT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.Limitation of Liability
NEITHER CRIBWIZ.COM, NOR ITS PARENT, AFFILIATES, OR SUBSIDIARIES, NOR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SITES OR ANY ADVERTISEMENT ON THE SITES, OR DAMAGES FROM THE USE OF OR RELIANCE ON THE INFORMATION PRESENT ON THE SITES, EVEN IF CRIBWIZ.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.Termination of Service
You understand and agree that in CRIBWIZ.com’s sole discretion, and without prior notice, your access to this Site may be terminated or suspended, and CribWiz.com may exercise any other remedy available and remove any Content, if it believes that your use of the Site and/or any Content or Reference Information You provide (a) violates (i) these Terms of Service, (ii) the rights of CribWiz.com, its affiliates, a Licensor, or another User, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent or unlawful activity of any nature. You agree that monetary damages may not provide a sufficient remedy to CribWiz.com for violations of these Terms of Service, and You consent to injunctive or other equitable relief for such violations without the requirement that CribWiz.com post a bond. CribWiz.com is not required to provide any refund to You if your use is terminated as a result of CribWiz.com’s determination, in its sole discretion, that You have violated these Terms of Service.Waiver
These Terms of Service may be changed at any time and You will be notified of any such changes by an updated posting of the new Terms of Service on this page of the Site. Your continued use of the Site after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. CribWiz.com may modify, suspend, discontinue or restrict the use of any portion of the Site without notice or liability. Any claim or dispute associated with this Agreement will be settled by binding arbitration before a single arbitrator under the commercial arbitration rules of the American Arbitration Association. The hearing shall take place in Chicago. The cost of the arbitration shall be born by You. Each party shall be responsible for their own attorney’s fees. As a condition of using this Site, You agree that all causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action. 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 these Terms of Service will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect. Failure by CribWiz.com to enforce any provision of this Terms of Service will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Service. These Terms of Service and any other terms and conditions or policies applying to Your use of the Site, constitute the entire agreement between the parties regarding the subject matter hereof. Nothing contained herein shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties. Notwithstanding anything to the contrary herein, if You and CribWiz.com have entered into a separate written CribWiz.com advertising contract, the terms and conditions of such contract shall control with respect to any term that is inconsistent with these Terms of Service. IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES TO THESE TERMS OF SERVICE, PLEASE EXIT THE SERVICE IMMEDIATELY.
©2020 Uloop Inc., 306 S. Washington Ave, Suite 400, Royal Oak, MI 48067
Last updated: January 2, 2020