Last modified: August 22, 2019
PLEASE READ THIS WEBSITE USER AGREEMENT AND THE OTHER TERMS OF SERVICE (AS DEFINED BELOW) CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THIS WEBSITE USER AGREEMENT AND THE OTHER TERMS OF SERVICE CONTAIN VARIOUS LIMITATIONS AND EXCLUSIONS AND A BINDING ARBITRATION AGREEMENT.
This Website User Agreement (this “Agreement”) is a legally binding contract between you (“you” or “User”), and Christian Center of Park City, a Utah non-profit corporation (“CCPC”, “we”, or “us”). You must read, agree to, and accept all of the terms and conditions contained in this Agreement to be a User of our website located at www.ccofpc.org (the “Website”).
Subject to the terms and conditions set forth herein, CCPC may, in its sole discretion, amend this Agreement and the other Terms of Service at any time by posting a revised version on the Website. CCPC will provide reasonable advance notice of any amendment that includes a Substantial Change (as defined below) by posting the updated Terms of Service on the Website, providing notice on the Website, and/or sending you notice by email. Any revisions to the Terms of Service will take effect on the noted effective date (each, as applicable, the “Effective Date”). For purposes of this Agreement and the other Terms of Service, “Substantial Change” means a change to the Terms of Service that reduces your rights or increases your responsibilities.
IF YOU AGREE TO THE TERMS OF SERVICE ON BEHALF OF AN ENTITY OR AGENCY, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY OR AGENCY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY OR AGENCY TO THE TERMS OF SERVICE AND AGREE THAT YOU ARE BINDING BOTH YOU AND THAT ENTITY OR AGENCY TO THE TERMS OF SERVICE. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO YOU AND THAT ENTITY OR AGENCY.
1. WEBSITE APPLICATION.
1.1. Registration and Acceptance.
By submitting an application on the Website as either a Tenant or Landlord (an “Application”), or by using the Website after the Effective Date, or by clicking to accept the Terms of Service when prompted on the Website, as applicable, you agree to abide by this Agreement and the other Terms of Service.
1.2. Eligibility to Submit an Application.
You may submit an Application and use the Website if you are an individual who is eighteen (18) years of age or older, who can form legally binding contracts under Applicable Laws (as defined below). By submitting an Application, you represent and warrant that you are at least eighteen (18) years old and have the capacity to form and enter into a legally binding contract. If you are submitting an Application for an entity, then you represent and warrant that you are duly authorized by such entity as required by its governing documents to enter into this Agreement and bind such entity. As used herein, “Applicable Laws” means any federal, state, or local law, statute, ordinance, rule, regulation, order or determination from any governmental authority (or other body exercising similar function) (collectively, “Applicable Laws”)
1.3. Right to Decline Applications.
CCPC reserves the right to decline Applications for any lawful reason, including, without limitation, cost to maintain data or other business considerations.
You agree to provide true, accurate, and complete information in your Application and other forms you access on the Website or provide to use and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information in your Application. If you submit a Tenant Application, you consent to all information contained in the Application being made available to prospective Landlords to evaluate.
2. PURPOSE OF THE WEBSITE.
The Website is exclusively an online tool whereby Tenants (as defined below) and Landlords (as defined below) can submit Applications to CCPC. CCPC then supplies the Tenant Applications to Landlords so Landlords can attempt to locate suitable Accommodations (as defined below) for Tenants. CCPC hosts and maintains the Website; however, as the provider of the Website, CCPC does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Accommodations on or through the Website. For purposes of this Agreement, the following terms shall have the meanings ascribed to them herein: (a) “Tenant” means any User using the Website to search for housing accommodations offered by a Landlord; (b) “Landlord” means any User who has listed housing accommodations for Tenants on and through the Website; and (c) “Accommodations” means housing accommodations.
2.1. Relationship with CCPC.
CCPC merely makes the Website available to Tenants and Landlords to submit Applications and ultimately transact directly with each other. Through the Website, Landlords may be notified of Tenants that may be seeking certain Accommodations the Landlords offer, and Tenants may be notified of Landlords that may offer the Accommodations the Tenants seek. Notwithstanding the foregoing, however, Users are individually responsible for evaluating Tenants and Landlords and determining the safety, suitability, and legality of any Accommodations. If Users decide to consummate a Transaction (as defined below) with each other, then such Transaction is directly between the Users and CCPC is not a party to that Transaction. For purposes of this Agreement, “Transaction” means the agreement between a Landlord and a Tenant in which a particular Landlord agrees to lease an Accommodation to a Tenant, and a particular Tenant agrees to lease from a particular Landlord an Accommodation offered by the Landlord.
2.2. CCPC Not Responsible.
2.2.1. You acknowledge, agree, and understand that CCPC is not a party to the relationship, Transaction, or any other dealings between Tenant and Landlord. Without limitation, Users are solely responsible for: (a) ensuring the safety, suitability, and legality of any Accommodation; (b) determining the suitability of other Users for a Transaction; and (c) negotiating, agreeing to, and executing any lease or other terms or conditions of a Transaction.
2.2.2. You further acknowledge, agree, and understand that you are solely responsible for assessing whether to enter into a Transaction with another User and for verifying any information about another User. CCPC does not: (a) make any representations about or guaranty the safety or suitability of any Accommodations; or (b) except for minimal initial background checks on Tenants based on information submitted in Tenant Applications, verify any information provided in Applications by Landlords or Tenants, or investigate or otherwise perform background checks or any other due diligence on Landlords or Tenants. Accordingly, Users are responsible for performing background checks and other due diligence on the other party to any Transaction.
2.2.3.You acknowledge, agree, and understand that CCPC does not, in any way, supervise, direct, control, or evaluate Landlords or Tenants, except as expressly stated otherwise in this Agreement, and that CCPC is not responsible in any way for the Application information or Accommodations. CCPC makes no representations or warranties whatsoever about and does not guaranty, and you agree not to hold CCPC responsible for: (a) the quality, safety, suitability, or legality of any Accommodations any Landlord offers; (b) the qualifications, background, or identities of Users; (c) the ability of Landlords to supply particular Accommodations on proposed terms; (d) the ability of Tenants to pay for Accommodations; or (e) the ability or willingness of a Tenant or Landlord to actually complete a Transaction.
2.2.4. If you are a Tenant User of the Website, you acknowledge that your submission of an Application or use of the Website does not in any way guaranty that you will consummate a Transaction and obtain an Accommodation.
3. CCPC CONTENT.
CCPC owns or has rights to: (a) all intellectual property on the Website, including, without limitation, all trade names, taglines, trademarks, service marks, copyrights, and patents; (b) all code and functionality of the Website; and (c) all text, designs, graphics, pictures, images, and information on the Website (collectively, the “CCPC Content”). You may use the Website solely in connection with the intended purpose and use of the Website. No right, title, interest, or license in any CCPC Content is transferred to you. CCPC retains all of its intellectual property rights in all CCPC Content. You agree not to: (a) access or attempt to access the CCPC Content; (b) alter, copy, decompile, reverse engineer, distribute, transmit, or otherwise appropriate or modify any CCPC Content; and (c) negatively alter or damage the CCPC Content. CCPC may make available to you certain hyperlinks or technology, which may contain CCPC Content, for purposes of social sharing. You agree to use such hyperlinks or technology only for the purpose for which it provided and for no other purpose. You agree not to alter, modify, manipulate, or interfere with the hyperlink or technology or their functionality.
4. WARRANTY DISCLAIMER.
YOU AGREE NOT TO RELY ON THE WEBSITE OR ANY INFORMATION ON THE WEBSITE OR THE CONTINUATION OF THE WEBSITE. THE WEBSITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. CCPC MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEBSITE, ANY ACCOMMODATION, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT OR THE OTHER TERMS OF SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CCPC DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, AND FITNESS FOR A PARTICULAR PURPOSE. SECTION 8 STATES USER’S SOLE AND EXCLUSIVE REMEDY AGAINST CCPC WITH RESPECT TO ANY DEFECTS, NON-CONFORMANCES, OR DISSATISFACTION.
5. LIMITATION OF LIABILITY.
5.1. CCPC is not liable, and you agree to not hold us responsible, for any damages or losses arising out of or in connection with the Terms of Service, including, but not limited to:
5.1.1. Your use or your inability to use the Website;
5.1.2. Delays or disruptions in the Website;
5.1.3. Viruses or other malicious software obtained by accessing, or linking to, the Website;
5.1.4. Glitches, bugs, errors, or inaccuracies of any kind in the Website;
5.1.5. Damage to your hardware device from the use of the Website;
5.1.6. The content, actions, or inactions of third parties’ use of the Website;
5.1.7. Your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to the Terms of Service.
5.2. ADDITIONALLY, IN NO EVENT WILL CCPC BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, INCLUDING, WITHOUT LIMITATION, LITIGATION COSTS, OR LOSS OF DATA, PRODUCTION, PROFIT, OR BUSINESS OPPORTUNITIES.
In addition to the recognition that CCPC is not a party to any Transaction, you hereby release CCPC, our affiliates, and our respective officers, directors, attorneys, agents, subsidiaries, joint ventures, employees and service providers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User, whether it be at law or in equity. This release includes, for example, and without limitation, any disputes regarding the quality, suitability, or legality of any Accommodations provided to you by a Landlord and the quality or suitability of any Tenant. This release will not apply to a claim that CCPC failed to meet our obligations under the Terms of Service.
INDEMNIFICATION. You will indemnify, defend, and hold harmless CCPC, our affiliates, and our respective directors, officers, members, managers, employees, representatives, attorneys and agents (each an “Indemnified Party”) for all Indemnified Claims (as defined below) and Indemnified Liabilities (as defined below) relating to or arising out of: (a) the use of the Website by you or your agents; (b) any Transaction entered into by you or your agents; (c) failure to comply with the Terms of Service by you or your agents; (d) failure to comply with Applicable Laws by you or your agents; and (e) negligence, willful misconduct, or fraud by you or your agents. For purposes of this Section, “Indemnified Claim” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party. For purposes of this Section, “Indemnified Liability” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by an Indemnified Party against you or a third party or other User.
8. MANDATORY ARBITRATION.
8.1. Disputes with CCPC.
All disputes involving CCPC arising under this Agreement (collectively “Disputes”) shall be governed by and interpreted in accordance with the laws of the State of Utah, without regard to principles of conflict of laws. The parties to this Agreement will submit all Disputes arising under this Agreement to arbitration in Park City, Utah, before a single arbitrator of the American Arbitration Association (the “AAA”). The arbitrator shall be selected by the application of the rules of the AAA, or by mutual agreement of the parties, except that such arbitrator shall be an attorney admitted to practice law in Utah. No party to this Agreement will challenge the jurisdiction or venue provisions as provided in this Section.
8.2. Disputes between Users.
All disputes between Users arising under this Agreement or the other Terms of Service shall be governed and interpreted in accordance with the laws of the State of Utah, without regard to principles of conflict of laws. The Users involved in any such dispute shall resolve the same amongst themselves, and CCPC shall have no obligation to mediate any such dispute. Without limiting or altering the foregoing, as part of the services provided on the Website, CCPC may decide, from time to time and in its sole discretion, to provide Users with platforms through which disputes between Users may be resolved, including, but not limited to, instant messaging services. Notwithstanding the foregoing, however, in no event shall CCPC be obligated to provide such services, and Users utilizing such services shall have sole and exclusive liability for the content or communications they transmit thereby.
9. OTHER AGREEMENTS.
9.1. Choice of Law.
This Agreement and the other Terms of Service shall be governed and construed in accordance with the laws of the State of Utah, without regard to its conflict of law provisions.
9.2. Jury Trial Waiver.
You and CCPC acknowledge and agree that we are each waiving the right to a trial by Jury as to all arbitrable Disputes.
9.3. No Class Action or Representative Proceedings.
You and CCPC acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all Disputes. Further, unless you and CCPC both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding.
9.4. Entire Agreement.
This Agreement, together with the other Terms of Service, sets forth the entire agreement and understanding between you and CCPC relating to the subject matter hereof and thereof and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between you and us, written or oral, to the extent they relate in any way to the subject matter hereof and thereof.
The section headings in this Agreement and the other Terms of Service are included for ease of reference only and have no binding effect. Even though CCPC drafted this Agreement and the other Terms of Service, you represent that you had ample time to review and decide whether to agree to the terms and conditions set forth in this Agreement and the other Terms of Service. If an ambiguity or question of intent or interpretation of this Agreement or the other Terms of Service arises, no presumption or burden of proof will arise favoring or disfavoring you or CCPC because of the authorship of any provision of this Agreement or the other Terms of Service.
9.6. Modifications; Waiver.
No modification or amendment to this Agreement or the other Terms of Service will be binding upon CCPC unless in a written instrument signed by a duly authorized representative of CCPC or posted on the Website by CCPC. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guaranty we will take action against all breaches of this Agreement.
If and to the extent any provision of this Agreement or the other Terms of Service is held illegal, invalid, or unenforceable in whole or in part under Applicable Laws, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to Applicable Laws so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.
You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without CCPC’s prior written consent. CCPC may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice. Your right to terminate this Agreement at any time remains unaffected.
9.9. Consent to Use Electronic Records.