Sharetini™: Term and Conditions

 Effective Date: 1/3/2020

This Terms of Service constitutes a legally binding agreement between you (“You” or “Your”) and Sharetini, Inc., a Delaware Corporation (“we” or “Sharetini”) governing your use and access to the Sharetini mobile application (the “Mobile App”) and the software, services and content made available through the Mobile App.

By clicking the “I Agree to the Terms of Service and Privacy Policy” box or (i) accessing or using any part of the Mobile App or (ii) initiating any transaction on the Mobile App, you agree to be bound by these Terms of Service.  Sharetini may from time to time issue updated versions of its Mobile App. Your continued use of the Mobile App operates as your consent to such automatic updates.

These Terms of Service includes provisions for binding arbitration on an individual basis –which includes a waiver of a right to a jury trial or a right to file a class action.

 

  1. The Sharetini Mobile Application.

Welcome to Sharetini – the Mobile App that helps you connect with others looking to co-own property!  Sharetini makes the process easier by providing users with access to in-depth resources and expert partners that specialize in co-ownership transactions.

  1. Definitions.  The following terms shall be capitalized throughout these Terms of Service and shall be defined as follows: 
    1. Content.  The term “Content” shall mean any and all text, data, code, software, graphics, information, images, audio, visual or audiovisual combinations or other materials submitted, uploaded, imported, communicated or exchanged through the Mobile App.
    1. Partner. The term “Partner” refers to a third party professional or service-provider/entity registered as a Mobile App account holder that makes real-estate and other services-related information available to Users through the Platform.
    1. Profile.  The term “Profile” refers to the visual display of your personal,  professional and/or preferences-related Content to other Users on the Mobile App.
    1. Third Party Communications and Content.  The term “Third Party Communications and Content” refers to any and all Content that is posted and made available for use and review by any User or Partner through the Mobile App, including, but not limited to, in-app communications, profiles, blog posts, questions posed and answers provided by any third party, ratings and reviews white papers or other summaries, analyses, etc. submitted to the Mobile App for any purpose whatsoever. 
    1. Transactions.  The term “Transactions” refers to any fee-based transactions arising out of or relating to any in-app connection facilitated through the Mobile App.
    1. Users. The term “Users” refers to third party non-Partners who have an established account with the Sharetini Mobile App for purposes of finding connections with others for co-ownership opportunities. 
  1. Account Creation: To be eligible to create an account, you must be at least 18 years of age. To establish an account through the online registration process, you must accept these Terms of Service and either (a) provide your name, a valid email address, mobile number and an account password, or (b) sign in through your existing Facebook account.  By providing your Facebook login credentials to create an account, you consent to Sharetini’s access to the personal information and images in those accounts in order to pre-populate your account Profile. 

In establishing an account, you consent to receive communications with regard to any activity related to the Mobile App by email, in-app notifications, or other form of electronic or digital communications.

  1. Account Security. Access shall be subject to the terms and conditions of these Terms of Service. You shall be responsible for maintaining the confidentiality and security of account login information and are responsible for any and all activities that occur under your account.  You must immediately notify Sharetini at legal@Sharetini.com of any unauthorized use of your account or username, or other account related security breach of which you are aware. Sharetini shall not be liable for any loss or damage arising from the failure to keep your password or account secure.
  1. End User License Agreement. Sharetini hereby grants you a limited, non-exclusive, non-sublicensable, non-transferable, non-assignable, revocable license during the term of its account to access and utilize the Mobile App subject to this Terms of Service.  Unless otherwise stated herein, nothing in these Terms of Service or use of the Mobile App and Services gives you a right or license to use any of Sharetini’s copyrights, trade names, trademarks, service marks, logos, domain names, or any other intellectual property rights.  
  1. Compliance with Applicable Laws.  In Your access and use of the Mobile App, You shall comply with all applicable laws and regulations.  
  1. Non-Discrimination Policy.  You shall not discriminate in any manner on the basis of race, religion, national origin, sex, sexual orientation, gender identity, age, family status or disability, veteran’s status or any other category protected under applicable law in connection with Your use of, or access to, the Mobile App or with regard to any Transactions arising from or relating to the Mobile App and/or Services. 
  1. Co-Ownership Success Reporting.  In order to track our Users’ success and ensure Sharetini provides the best features and functionality to its Users, Sharetini requires its Users and Partners to log all co-ownership related transaction between Users and Partners through the Sharetini dashboard.  The failure to log any Transactions may result in immediate termination of your Sharetini account.
  1. Contract Terms Disclaimer:  SHARETINI IS NOT A PARTY TO ANY CO-OWNERSHIP OR OTHER REAL-ESTATE, FINANCING OR OTHER TRANSACTION OR CONTRACT THAT MAY ARISE AS A RESULT OF YOUR USE OF THE MOBILE APP.  Sharetini offers the Mobile App only as a platform to facilitate the communication of Users interested in co-ownership and the service providers relating to that industry. 
  2. Co-Ownership Transactions Disclaimer.  APPLICABILITY OF INFORMATION PROVIDED BY THIRD PARTY USERS MAY VARY BASED ON A VARIETY OF FACTORS. STATE-BY-STATE REQUIREMENTS MAY DIFFER.  INFORMATION PROVIDED BY PARTNERS THROUGH THE MOBILE APP MAY NOT BE COMPLETE OR ACCURATE. THE INFORMATION PRESENTED IS NOT A SUBSTITUTE FOR PROFESSIONAL LEGAL, TAX OR OTHER PROFESSIONAL ADVICE RELATING TO THE SUBJECT MATTER.  Reliance and use of the information and materials obtained from the Mobile App shall be at your own risk. Sharetini shall not be liable for any use of, or reliance on, the Third Party Communications and Content offered herein.
  1. Third Party Communications & Content Disclaimer.  All discussions on Sharetini are opinions expressed by the authors, and not the opinion of Sharetini.  Sharetini does not endorse, recommend, promote or sponsor any Third Party Communications and Content you may receive through the Mobile App and shall not be responsible for any actions you may take or refrain from taking as a result of any Third Party Communications and Content. You are solely responsible for assessing and verifying the identity, experience and trustworthiness of the source of Third Party Communications and Content.   Sharetini undertakes no effort to, and assumes no responsibility for, verifying, and makes no representations or warranties regarding, the identity, experience or trustworthiness of the source of any Third Party Communications and Content. 
  1. Not Professional Advice by a Licensed Practitioner.   Sharetini does not offer the Content made available through the Mobile App in a professional, licensed capacity.  Sharetini is not a law firm, certified public accountant or other licensed professional and the Content is not intended to and does not constitute legal, tax or other professional advice and no attorney-client other professional-client relationship is formed. The accuracy, completeness, adequacy or validity of the Content is not warranted or guaranteed. 

Use of Content is not a substitute for professional advice and use or reliance of the Content in any manner is at your own risk.  You are solely responsible for assessing the risks related to any potential transaction that may arise as a result of your use of the Mobile App. All data and information set forth on Mobile App regarding real property for sale, purchase, rental and/or financing are from third party Users or Partners of the Mobile App. No warranties are made as to the accuracy of any Profiles, Partner-provided Content or other Third Party Communications and Content. It is your responsibility to seek advice and proper legal counsel and related tax and other professional advice with respect to all co-sharing or other real-estate related matters.

  1. No Solicitation. You shall not distribute on or through the Mobile App any Content consisting of, or otherwise containing, any direct advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization, commercial or otherwise unless specifically authorized by Sharetini.  
  1. Use Restrictions.  You will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Mobile App and/or Services.   You will not sell, resell, license, sublicense, distribute, rent or lease the Mobile App and/or Services to any third party for any purpose, commercial or otherwise. 
  1. Content License. You hereby grant to Sharetini a non-exclusive, perpetual, sublicenseable, irrevocable, royalty-free, worldwide right and license to collect, process, store, host, copy, transmit, display, distribute, disseminate, modify, and create derivative works of any and all Content for any purpose, commercial or otherwise.  
  1. Objectionable Content.  We are not responsible for, and do not endorse, any Third Party Communications and Content.  We do not have any obligation to prescreen, monitor, edit or remove any Third Party Communications and Content. We shall not be liable for any damage or harm resulting from the uploading, posting or submission of any Third Party Communications and Content. We reserve the right, but have no obligation, to take any action to restrict or remove access to any Third Party Communications and Content that we deem, in our sole and absolute discretion, to violate these Terms of Service, applicable law, or the rights of any third parties.   
  1. Content Representations and Warranties.  You represent and warrant that all Content generated, posted, submitted and/or exchanged through the Mobile App shall not (a) infringe on the rights associated with the copyrights, trademarks, trade secrets, patents or other intellectual property rights of any third party, or (b) violate any statute, law, ordinance or regulation.
  1. DMCA - Notice of Claimed Infringement.  If you have a good faith belief that your copyright has been infringed, you can download and submit a Notice of Claimed Infringement to Sharetini’s Designated Agent at [1225 4th Street, Unit 103, San Francisco, CA, 94158] and legal@Sharetini.com.
  1. Feedback License.  We consider any feedback, suggestions, ideas, proposals or other material submitted, whether solicited or unsolicited, (collectively, the "Feedback") to be non-confidential and non-proprietary.  We shall not be liable for the disclosure, use or exploitation of such Feedback. You hereby grant to Sharetini a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and transferable right and license to incorporate, use, publish and exploit the Feedback for any purpose whatsoever, commercial or otherwise, without compensation or accounting. 
  1. Free and/or Beta Services.  From time to time, Sharetini may offer certain Beta and/or free Services.  Any beta or other free Services offered on the Mobile App at no charge may be terminated by either party at any time.  Sharetini further reserves, in its sole and absolute discretion, the right to disable, suspend, modify or impose fees on any Beta and/or free Services, at any time.  Sharetini will notify You of any fee changes and You will be free to terminate prior to the imposition of any newly imposed fees.
  1. Fees. To the extent you make any in-app purchases available on the Mobile App, You expressly authorize us to charge the applicable fees pursuant to the authorized method selected by you on the Mobile App. Fees will not be prorated upon cancellation and/or termination and all fees paid through the date of termination are nonrefundable.  
  1. Termination.  
    1. Automatic Termination:  Your account and this Terms of Service shall automatically terminate upon the bankruptcy or insolvency of either party or in the event Sharetini ceases to provide the Mobile App or Services. 
    2. By Sharetini: Without limitation of any other remedies, Sharetini may suspend or terminate Services and accounts, restrict or prohibit access or use of the Mobile App, remove or restrict Content, and/or take any technical or legal steps necessary, at any time, in our sole and absolute discretion, including, but not limited to, if Sharetini (i) suspects a breach of these Terms of Service, (ii) is unable to verify or authenticate Your account or Profile information;  (iii) believe that You have engaged in improper or fraudulent activity in connection with the Mobile App or that Your actions may cause legal liability or financial loss to Sharetini, or (iv) believes You are infringing the rights of any third party.
    3. Survival:  The following Sections survive termination of these Terms of Service: Individual Arbitration, Feedback License, Promotional License, Content License, Confidentiality & Non-Disclosure, Disclaimer of Warranties, Disclaimer of Third Party Conduct, Limitation of Liability, Indemnity, and Governing Law.
  1. Privacy. Sharetini will only use personal information in accordance with its Privacy Policy. 
  1. The Application’s Intellectual Property.

Copyright:  Sharetini and the Mobile App’s logos, design, text, graphics, and other files, and the selection arrangement and organization thereof, are owned by Sharetini.  You may not use such materials without permission.  © 2018 Sharetini, Inc.  ALL RIGHTS RESERVED.  

Trademarks: Sharetini and its logos, page headers, custom graphics, button icons and scripts are trademarks or trade dress of Sharetini. 

Ownership and Use:  Unless otherwise stated herein, nothing in these Terms of Service or your use of the Mobile App and Services gives you a right or license to use any of our copyrights, trade names, trademarks, service marks, logos, domain names, or any other intellectual property rights. 

  1. Customer Support.   Customer support is available by email at support@Sharetini.com to address any issues you may have regarding your use of the Mobile App.  Most concerns can be quickly resolved in this matter.  
  2. Prohibited Use.  In your use of the Mobile App, you may not:
  • Post false, inaccurate, misleading, defamatory, obscene, sexually explicit, or harassing content;
  • Misrepresent your professional and educational background;
  • Violate any law, statute, ordinance or regulation;
  • Infringe upon any patent, copyright, trademark, trade secret, right of publicity or other third party rights;
  • Attempt to use another account, impersonate another person or entity, misrepresent your affiliation with a person or entity, or create or use a false identity;
  • Distribute or transmit any code, virus or any other technologies, whether now known or yet to be developed, that may harm the Mobile App or its Users;
  • Modify, adapt or hack the Mobile App or modify another Mobile App so as to falsely imply that it is associated with Sharetini;
  • Distribute or post spam, unsolicited or bulk electronic communications to Mobile App Users;
  • Use any robot, spider, scraper or other automated means to access the Mobile App for any purpose whatsoever;
  • Take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Mobile App’s infrastructure;
  • Interfere or attempt to interfere with the proper working of the Mobile App, its services or tools; or
  • Bypass the Mobile App’s robot exclusion headers or other measures Sharetini may use to prevent or restrict access to Sharetini.
  1. Individual Arbitration. EXCEPT AS OTHERWISE STATED HEREIN, any claim or controversy with Sharetini arising out of or relating to the Mobile App, Services and/or these Terms of Service and applicable Services Order Form (collectively, the “Agreement”) (including its formation, interpretation, performance and breach) shall be settled by binding arbitration administered as follows: 
  • Within the U.S.:  Binding arbitration shall be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.  
  • Outside the U.S.: Binding arbitration shall be administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.   

The Federal Arbitration Act, 9 U.S.C. § 1 et. seq. shall govern the interpretation and enforcement of this Agreement.  ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ON AN INDIVIDUAL BASIS ONLY.  THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE OR JOIN A CLASS ACTION OR PRIVATE ATTORNEY GENERAL ACTION, OR TO CONSOLIDATE THEIR ARBITRATION WITH OTHER ARBITRATIONS.  YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JUDGE OR JURY.  IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL BE SEVERED AND THE REMAINING PROVISIONS SHALL REMAIN ENFORCEABLE. 

When initiating a request to arbitrate, you must also send a copy of the completed form to Sharetini at [1225 4th Street, Unit 103, San Francisco, CA, 94158] and legal@Sharetini.com.

Exception – Small Claims Court Claims.  Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in small claims courts for disputes or claims within the scope of that court’s jurisdiction. 

  1. DISCLAIMER OF WARRANTIES:  TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE MOBILE APP, CONTENT AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THESE TERMS OF SERVICE, INCLUDING ANY “BETA” RELEASES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  SHARETINI DOES NOT REPRESENT OR WARRANT THAT THE MOBILE APP, CONTENT OR SERVICES (I) WILL BE UNINTERRUPTED, TIMELY OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. EXCEPT WHERE PROHIBITED BY LAW, SHARETINI EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON THE MOBILE APP, INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES.
  2. DISCLAIMER OF THIRD PARTY CONDUCT: SHARETINI DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE MOBILE APP OR SERVICES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SHARETINI MAKES NO WARRANTIES REGARDING THIRD PARTY COMMUNICATIONS AND CONTENT, SERVICES, GOODS, OR RESOURCES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH THIRD PARTY THIRD PARTY COMMUNICATIOSN AND CONTENT, SERVICES, GOODS, OR RESOURCES.
  3. LIMITATION OF LIABILITY:  YOU EXPRESSLY AGREE THAT YOUR USE OF THE MOBILE APP, CONTENT AND SERVICES IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SHARETINI NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE MOBILE APP, CONTENT OR SERVICES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, SECURITY BREACH, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE MOBILE APP, CONTENT AND SERVICES, EVEN IF SHARETINI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.   TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SHARETINI’S AGGREGATE LIABILITY, OR THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR OF THE INABILITY TO USE, THE MOBILE APP, CONTENT OR SERVICES, EXCEED THE GREATER OF $100.00 OR THE FEES PAID TO SHARETINI IN THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM, WHICHEVER IS GREATER.

  4. Release. You hereby voluntarily release, forever discharge and covenant not to sue Sharetini and its representatives, agents, contractors, employees, managers, volunteers, affiliates, attorneys, insurers, lessors, successors, and assigns (“the Released Parties”) on behalf of him/herself and his/her spouse, children, parents, heirs, assigns, personal representatives, and estate from any and all liability, claims, demands, actions or causes of action, damages, suits in equity of whatever kind or nature which are related to, arise out of, or are in any way related to the Mobile App and any Third Party Communications and Content, including, but not limited to, any claims which allege negligent acts or omissions of the Released Parties. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “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.”

  5. INDEMNITY.  To the maximum extent permitted by law, You agree to indemnify, defend and hold harmless Sharetini, and its subsidiaries, affiliates, officers, directors, shareholders, employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners and each of their respective successors and assigns (the “Indemnified Parties”) from and against all damages, losses, liabilities, claims, expenses, fees or costs (including, without limitation, reasonable attorneys’ fees and costs) incurred in connection with any claim, demand or action brought or asserted against any of the Indemnified Parties arising out of or relating to Your  (a)use of the Mobile App (b) breach of these Terms of Service, and/or (c) violation of any third party right, including without limitation any intellectual property right, publicity, property or privacy right.
  6. Miscellaneous Provisions: 
    1. Force Majeure.  Sharetini will not be liable or responsible for any delays in providing the Mobile App and Services, or for failing to provide the Mobile App and Services, as a result of any event beyond its reasonable control, including, without limitation, adverse weather conditions, internet outage or interruption of service, telecommunications or power outage, fire, flood, civil disobedience, terrorism, labor disruptions, strikes, lockouts, freight, embargoes, terrorism, natural disaster, denial of service attacks, war or acts of God.  
    2. Independent Contractors.  The Parties to this agreement are independent contractors. There is no relationship of partnership, joint venture, employment, franchise or agency created herein between the parties.  Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other party’s prior written consent. 
    3. Severability.  The validity or unenforceability of any provision of these Terms of Service shall not affect the validity or enforceability of any other provision of these Terms of Service.  
    4. Modifications.  Our employees, volunteers or agents are not authorized to vary our Terms of Service. No modification of these Terms of Service shall be effective unless it is in writing and either signed by an authorized representative of Sharetini or posted on the Mobile App.
    5. Choice of Law.  These Terms of Service shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to or application of California’s conflict of law principles.  The parties consent to the jurisdiction of the State of California, and venue in the County of San Francisco with regard to any controversy or claim arising out of or relating to these Terms of Service, or the breach thereof.
    6. Assignment.  User shall not assign any of the rights or obligations under these Terms of Service without the prior written consent of Sharetini. However, consent is not required for an assignment of these Terms of Service in connection with a change of control, merger, stock transfer, sale or other disposition of substantially all the assets of the assigning party’s business.
    7. Successors and Assigns.  These Terms of Services are binding on and inure to the benefit of the parties and their respective successors and permitted assigns. 
    8. No Waiver.  No failure or delay by a party exercising any right, power or privilege under these Terms of Service will operate as a waiver thereof. 
    9. Interpretation.  Headings are for reference purposes only and do not limit the scope or extent of such section.
    10. Notices.  All notices required or permitted to be given under these Terms of Service will be in writing and delivered to:  Sharetini at [1225 4th Street, Unit 103, San Francisco, CA, 94158] and legal@Sharetini.com and to you at the email address associated with your Sharetini account.
  2. Entire Agreement.  This Terms of Service comprises the entire agreement between the parties and supersedes all prior or contemporaneous agreements, written or oral, between the parties regarding the subject matter contained herein.
  3. Complaints - California Residents.  If you are a California resident, in accordance with California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Affairs of the California Department of Consumer Affairs by contacting them in writing at: 400 R Street, Sacramento, California 95814, or by telephone at (800) 952-5210.