This website application, the perch'n® property xchange or ppx ("ppx") is owned by Perchin LLC and hosted on the perchn.com platform (the "Site"). The ppx application is an advertising service for owners, buyers and brokers that functions as an online marketplace for off-campus housing investments. Please note: ppx is not a licensed real estate broker/agent and does not provide real estate brokerage services in connection with property listings on ppx or perchn.com.
These ppx terms ("Terms") apply to any individual or entity ("You") who uses ppx to list a property for sale or to find a property to purchase. These Terms are in addition to the perchn.com Terms of Service found at //perchn.com/project/terms-conditions/ which together form a legally binding contract between You and Perchin LLC ("we", "us" and "ppx"). By using ppx to advertise your property for sale on the Site, You represent and warrant that: (a) You own or have the right to advertise the property You are listing and put the property up for sale; (b) You are willing to consider offers from Buyers for the advertised property at or near the price and on any other terms specified in your listing; (c) You will not advertise more than one property in a single listing, either by including descriptions of multiple units in one listing, by inserting links to other websites or other listings on ppx, or by subsequently updating the listing information to advertise different properties or units; (d) upon closing a sale of the property, You will delete the listing for that property; (e) You will not use Your for sale listing on ppx to advertise or promote anything, including, without limitation, any product, service or business, other than the unique property offered for sale; (f) You will not use ppx or the Site for any fraudulent, false, misleading or deceptive activity; (g) all Content that You provide to ppx and everything in your listing, including without limitation, any photos or text description, is truthful, accurate and complete and comply with all local, state and federal laws and regulations, including without limitation, fair housing laws; (h) You are solely responsible for any and all listings You add into the ppx listing service, and all ads, photos, descriptions, data, or other information ("Content") You submit to the Site; (i) You have all the rights necessary to post your listings using the ppx application, including, without limitation, all content, photos, data, text, and other Materials contained therein, on the Site; and (j) photos You upload to ppx will only show the property listed for sale and shall not include, under any circumstances, people, animals, trademarked items, religious symbols, or other objects or features not part of the property listed for sale. By submitting a listing via ppx, You grant to ppx, its affiliates, and its parent and related companies, a perpetual and irrevocable license to copy, modify, display, distribute, create derivative works from, or otherwise use and exploit the Content that You submit. If your listing does not (1) meet these Terms or (2) it is in any way counter to ppx policies or procedures for any legal, business, technical or other reason, then ppx, in its sole and exclusive discretion reserves the right, to remove any listing or Content from ppx, without notice and without liability.
On Your agreement to the Terms, We will grant You a limited, non-exclusive, revocable and non-transferable right to use of the Service for business purposes as a Registered User. This right of use is granted as a license and is not being sold. Approval of any account is in ppx's sole discretion. You are responsible for any third-party equipment or services needed to use Services, device compatibility, and Internet or data charges. We may change, limit, suspend, terminate or discontinue the Service, in whole or part, at any time in our sole discretion, without notice or liability. We do not currently charge fees for Services, but we reserve the right to do so, subject to notice to You or the terms of any applicable separate Agreement.
By accepting the Terms of this agreement you warrant and represent:
- You are at least 18 years old and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction
- You are not a ppx competitor or acting on a competitor's behalf.
- You own or have all necessary right, power and authority to submit Your Listing and grant the use rights as described in the Terms, including all consents for identifiable information
- Your Listing does not infringe any third-party rights or interests;
- There are no claims, settlements or judgments related to Your Listing;
- You voluntarily waive any "moral rights" in Your Listing;
- Your Listing does not contain confidential or proprietary information that You are not authorized to disclose;
- Your Listing does not contain false, inaccurate or misleading information;
- Your Listing is not defamatory, harassing, obscene, inappropriate or invasive of privacy;
- Your Content does not contain any malicious code, spyware or adware;
- Your Content does not contain any unsolicited commercial advertising, promotion or solicitation.
- You have secured necessary licensed professional advice as appropriate (including real estate, legal, financial, tax, etc.) regarding any information for Your Listing on ppx or for any transactions or activity You may consider as a result of your activity on ppx
- You are not located in a country subject to U.S. Government embargo or that has been designated by the U.S. as "terrorist supporting", and You are not listed on any U.S. Government list of restricted or prohibited parties
- If You are a buyer, You are a sophisticated party, You are capable of evaluating the merits and risks of buying a Property, and You are able to bear such risks
The Buyer has the sole responsibility of doing his own due diligence and investigation of a Property, which includes but is not limited to, title, legal ownership and status, encumbrances, including but not limited to mortgages and liens, current and potential valuations, rent roll, future leases and pending lease negotiations, any tenant issues and other relevant Property information. It is strongly recommended that the Buyer consult with licensed professionals who can assist in investigating and analyzing all aspects of an investment (real estate professionals, attorneys, accountants, etc.). Buyer assumes all risk and potential liability related to a due diligence investigation and has all responsibility for his own Property Inspection and physical analysis, which inspection shall be conducted in such a manner as to ensure no damage or loss to Seller. Such an inspection is as agreed to between Buyer and Seller, and ppx has absolutely no relation to that agreement or the handling of the inspection. The information on the ppx site cannot be relied upon by the Buyer for completeness or accuracy and ppx makes no guarantee or warranty, and expressly disclaims liability related to any information in any listing on the ppx Site, the license status of any Broker or other applicable agent dealing in real estate, and/or any cause of action, claim demand or dispute related to the foregoing.
Violations of these Terms harm the integrity, functionality, and reputation of ppx; detract from users' and our customers' trust in and use of the Site; and damage the business of perch'n. Accordingly, You acknowledge and agree that perch'n incurs actual damages, which are extremely difficult and/or impossible to quantify, as a result of any violation of these Terms. You agree that it is fair and reasonable for perch'n, as its option, to recover liquidated damages for past violations in the amount specified below, which represents a reasonable estimate of the actual damages incurred by perch'n for each such violation You commit and to seek and obtain injunctive relief to prevent future violations. You agree that monetary damages alone would not provide a sufficient remedy to perch'n® for violations of these Terms, and You consent to injunctive or other equitable relief for such violations without the requirement that perch'n® post a bond. You agree specifically that the availability of liquidated damages does not impact the right of perch'n® to obtain injunctive relief. You further acknowledge and agree that the imposition of liquidated damages for each such violation of the Terms is independent and distinct, and that the assessment of total liquidated damages for multiple violations of the Terms is cumulative You agree to pay $50,000 per advertisement on the Site that contains false or fraudulent content (including but not limited to false or misleading property location, descriptions, photos, or contact information.)
REGARDING THE ppx LISTING SERVICE, ppx DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES TO YOU, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES THAT YOU WILL SELL YOUR PROPERTY, OBTAIN AN ACCEPTABLE OFFER FOR YOUR PROPERTY, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED BUYERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR PROPERTY FOR SALE. While ppx reserves the right to review listings added using the ppx application before and/or after they are posted to the Site to confirm information relating to the advertiser and the advertised property and to investigate complaints and suspicious activity, ppx is under no obligation to do such a review and does not assume any such obligation. If ppx determines, in its sole and exclusive discretion, that You are engaging in any unfair, deceptive, false, misleading or fraudulent practices, or that your listing violates any laws or guidelines, ppx reserves the right to reject or immediately remove your listing from the Site without notice and without liability, as described above. In most cases, listings added to ppx will appear on the Site within 24 hours of submission.
These Terms may be changed at any time and You will be notified of any such changes by an updated posting of the new Terms on this page of the Site. Your continued use of ppx after the posting of any revised Terms shall constitute your agreement to be bound by any changes. Without notice or liability, ppx may modify, suspend, discontinue or restrict the use of any portion of the ppx. These Terms will be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflicts of law provisions. You hereby agree that any cause of action You may have with respect to ppx or the Site must be exclusively filed in the federal or state courts located in Delaware, within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts in Delaware, and waive any objection based on forum non conveniens. As a condition of using ppx and the Site, You agree that all causes of action arising out of, or connected with ppx or the 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 the Terms, or portion thereof, to be unenforceable, that provision of the Terms will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of the Terms will continue in full force and effect. Failure by ppx or Perchin LLC to enforce any provision of the Terms will not be deemed a waiver of future enforcement of that or any other provision of the Terms. Nothing herein shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties. IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES TO THESE TERMS, YOU ARE NOT PERMITTED TO USE ppx AND MUST EXIT THE SITE IMMEDIATELY.
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