Terms of Use and Privacy Policy

These terms use and privacy policy ("Terms") are a binding contract between InCity Properties Holdings, Inc., a Washington corporation ("InCity", “we”, “our” or “us”) and you. By using this web site (the "Site"), you agree to be bound by these Terms. If you do not agree to all these Terms, you are not authorized to use this Site. The Terms may change from time to time and it is your responsibility to review them when conducting business with InCity. You are bound by the version of this Agreement that is in effect on the date of your visit to the Site. This Agreement may change from time to time, so please review it when you visit the Site. Please read these Terms of Use carefully before you start to use the Site. By using the Site, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Site.

This Site is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with InCity and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

1. Limited & Revocable License: We hereby grant you a limited, revocable, non-transferable license, to view and use the Site solely for the purpose of acquiring information in accordance with the Terms. All source code and content used on or in connection with the Site is the sole property of and copyrighted by InCity, or has been licensed for use by permission of the copyright owner. No source code or other content from the Site may be copied or used for any purpose without the prior written permission of InCity. The alteration, removal, or obliteration of any copyright and trademark notices is strictly prohibited. InCity retains all right, title, and interest in and to the Site and the content of the Site. Except as provided in this Agreement, permission to reprint or electronically reproduce any content in whole or in part for any other purpose is prohibited. The Site and all content contained herein is protected by copyright and intellectual property rights under the laws of the United States. All rights not expressly granted to you are reserved by InCity, and its affiliates. InCity reserves the right to deny access to or use of the Site, with or without prior notice and with or without cause. The license granted to you shall not be transferrable or assignable by you. The license to use the Site does not include permission to copy any of the elements of the Site including but not limited to the look and feel, layout or content of the Site. Those elements are protected by law. Except as expressly provided by these Terms nothing contained herein shall be construed to grant to you a right or license to use or to transfer or assign any intellectual property of InCity. Intellectual property shall include but is not limited to the laws of copyright, patent, trade name, trademark, trade secret law and all other property right statutes. InCity does not guarantee uninterrupted or error-free operation of the Site, but we will use its reasonable efforts to maintain the operation of the Site. By use of the Site you agree that any failure of the Site shall not be grounds for any legal actions against InCity or its affiliates and you hereby release all such claims and causes of action.

2. Privacy Policy: The protection of client information is of major importance to InCity. As part of your use of the Site, upon action by you, you may provide personal or business information ("Information") including name(s), addresses, and other contact information that could be used to identify you. InCity will use all Information which you provide only for the specific purpose(s) for which you provided the Information. Personal and business information may also be gathered from third party sources. We will disclose the Information which you provide only to units of our Company and to our Affiliates that will use such Information for the purpose(s) for which the Information was initially provided. You agree that we may rely on the accuracy of the Information which you provide. Accordingly, you represent and warrant the accuracy of all such Information. InCity will take commercially reasonable measures to safeguard the Information. However, InCity cannot guarantee that the Information will be protected from hackers and persons engaged in illegal conduct. Clearly, no security system is impenetrable. InCity cannot guarantee the complete security of our database, nor can we guarantee that the Information will not be intercepted while being transmitted to us. Any information which you do not wish to share or to provide to InCity should not be included in any communication with InCity. Except as disclosed in this policy, InCity does not sell, rent, loan, trade, or lease personal information collected on our Site to any third party. However, information must be released in response to subpoenas or other court orders, and may be released to law enforcement agencies in connection with criminal investigations.

3. Right to Verify Information: INCITY RESERVES THE RIGHT TO VERIFY ANY INFORMATION PROVIDED.

4. Children Under the Age of 13: Our Site is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Site. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Site or on or through any of its features or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at terms@incityinc.com.

5. Data Scraping: Crawling the Site is allowed for inclusion in web search engine results only. Webscraping, downloading or webcrawling of any property or other data for inclusion in another real estate search site, content aggregator, or any other purpose is strictly forbidden without prior written consent from InCity.

6. Technical Information Concerning the Site: We use IP addresses to analyze trends, administer the Site, track user movement, and gather broad demographic information for aggregate use. We use analytics tools and other third party technologies, such as Google Analytics, to collect non-personal information in the form of various usage and user metrics when you use our online Site. These tools and technologies may collect and analyze certain types of information, including cookies, IP addresses, device and software identifiers, referring and exit URLs, onsite behavior and usage information, feature use metrics and statistics, usage history, MAC Address, mobile unique device ID, and other similar information. The third party analytics companies who collect information on our Site may combine the information collected with other information they have independently collected from other websites and/or other online or mobile products and services relating to your activities across their network of websites as well as online and/or mobile products and services. Many of these companies collect and use information under their own privacy policies. You may opt out of Google Analytics by visiting the Google Analytics opt-out page. Google has additional information available about their Remarketing Privacy Guidelines and Restrictions. In addition to using information about you for the specific purposes set out above, from time to time we may also use your personal information to send you news about our organization and new features available on the Site. We may also use cookies on our Site to provide each visitor with a personalized experience.  A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system may issue cookies when you direct your browser to our Site.

7. Liability & Indemnity: InCity disclaims all liability for the performance of services which are delayed by events outside of the control of InCity including but not limited to strikes, or acts of our vendors and suppliers, or accidents. Any damage claim shall be capped by the total amount of fees charged to you, by InCity, during the prior calendar year. YOUR ACCESS AND USE OF THIS SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW YOU HEREBY WAIVE AND RELEASE INCITY FROM ANY AND ALL CLAIMS, LOSSES, COSTS OR DAMAGES OF ANY NATURE WHATSOEVER RESULTING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SITE. IT IS INTENDED THAT THIS LIMITATION APPLY TO ANY AND ALL LIABILITY OR CAUSE OF ACTION. IN ADDITION, INCITY SHALL NOT BE LIABLE TO YOU FOR LOST REVENUE OR LOST PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF USE, PRODUCT LIABILITY, OR FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE. IF ANY CLAIM IS AUTHORIZED TO PROCEED, BY A COURT OF COMPETENT JURISDICTION, YOU AGREE THAT THE MAXIMUM LIABILITY OF INCITY SHALL BE ONE HUNDRED DOLLARS ($100). You agree to defend, indemnify and to hold harmless InCity, its affiliates and their officers, directors, employees, agents, licensors, and suppliers, from and against all third party claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Site or resulting from, or alleged to result from, your use of the Site or your violation of these Terms or any law. InCity will not be responsible or liable for unauthorized access to your Information due to accident, illegal or fraudulent or criminal means or devices. The indemnification provided for in this Article shall survive the termination of our relationship.

8. Termination and Suspension of Access to Site: InCity may, at any time terminate your access to the Site or block your access to the Site, with or without notice to you, with or without cause. You agree that our services shall only be used for lawful purposes. Any transaction or transmission which violates federal, state or local laws is expressly prohibited.

9. DISCLAIMERS OF WARRANTIES: INCITY PROVIDES THE SITE "AS IS" AND "AS AND WHEN AVAILABLE." INCITY MAKES NO REPRESENTATIONS OR WARRANTIES EXPRESS OR IMPLIED, AS TO THE CONTENT OR THE OPERATION OF THE SITE. NO WARRANTY IS MADE AS TO THE ABILITY OF A USER TO ACCESS THE SITE. INCITY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IT IS ANTICIPATED THAT THE SITE WILL BE FREE OF ANY VIRUS OR CONTAMINATION. HOWEVER, IF THE SITE SHOULD BECOME CONTAMINATED AND PASS THE VIRUS OR CONTAMINATION TO THE USER, THE USER AGREES THAT NO CLAIMS OR CAUSES OF ACTION WILL BE ASSERTED AGAINST INCITY AS A RESULT OF SUCH CONTAMINATION OR AS A RESULT OF ANY DAMAGES THAT MIGHT FLOW THEREFROM.

10. Links to Third Party Sites: The Site may provide links to various websites that InCity does not control. When you click on one of these links, you will be transferred out of our Site and connected to the website of the organization or company that you selected. Even if an affiliation exists between our Site and a third party website, we exercise no control over linked sites. Each of these linked sites maintains its own independent privacy and data collection practices and procedures. If you visit a website that is linked to our Site, you should consult that site's privacy policy before providing any personal information. 

11. Partial Invalidity: The invalidity or unenforceability of any particular provision of these Terms shall not affect the other provisions hereof, and the Terms shall be construed in all respects as if such invalid or unenforceable provision were omitted.

12. Governing Law: Your access to this Site is governed by all applicable federal, state and local laws. However, the Terms shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of law. Any legal action brought to enforce or to interpret the terms and provisions of these Terms shall be commenced in the Superior Court for the State of Washington for King County.

13. Terms and Modifications to These Terms of Use: By using this Site, you signify your agreement to these Terms. If you do not agree with these Terms, please do not disclose any personal information through the Site. InCity may modify these Terms at any time at its discretion and modifications are effective upon being posted on the Site. You are responsible for reviewing these Terms periodically to ensure that you are aware of any changes to them.

14. Entire Agreement: These Terms of Use constitute the sole and entire agreement between you InCity regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site. California Privacy Rights California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our customers who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to InCity addressed as follows:

InCity Properties Holdings, Inc.

c/o Disclosure Department

1421 34^th Avenue, Suite 300, Seattle, WA. 98122

If you have any questions or concerns regarding the Terms or privacy on the Site, please contact us at: terms@incityinc.com.

These Terms were last updated on December 15, 2016.