1. General
1.1. IF YOU DO NOT AGREE TO THE TERMS STATED BELOW OR TO ANY CHANGES TO THESE TERMS OF SERVICE, PLEASE EXIT THE SERVICE IMMEDIATELY.
1.2. The Terms of Service applies to any individual or entity that visits, views, accesses, or uses the azgesthouse.com site.
1.3. We encourage you to review these Terms of services every time you visit this website. You further waive any right you may have to receive specific notice of such changes to these privacy policies. You are responsible for regularly reviewing these privacy policies.
1.4. Introduction and Agreement
1.4.1. These Terms of Service apply to the services offered by Arizona Guest House (“azguesthouse.com”) in connection with the Arizona Guest House website and related mobile applications, as well as any publicly available versions that may be offered through a distribution partner (collectively the “Site”). You may have arrived at a version of the Site from a distribution partner’s website, in which case, that partner, if any, will be identified at the top of this page. 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.
1.4.2. 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 Arizona Guest House. You further represent and warrant that You are not a competitor of Arizona Guest House 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.
1.4.3. By accessing the Site, You consent to the collection and use of certain information, as specified in the Privacy Policy.
1.5. Arizona Guest House is an Advertising and Information Service
1.5.1. The Site is an online advertising, searching, and information service for renters, landlords, and property owners. Arizona Guest House does not: (a) broker, lease, sublease, or offer to broker, lease, or sublease properties, nor does it own properties directly; it is not a party to any transaction between landlords (including property management companies and/or property managers) and renters; (b) guarantee or ensure any property or any transaction between a renter and landlord; (c) 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; or (d) act as a property manager, broker, payment processor, money transmitter, payment manager, debt collector, or credit reporting agency. Arizona Guest House does not guarantee any specific results from using the Service.
1.5.2. This site does not facilitate background screening and payment collection and processing for the rental properties listed on this site.
1.5.3. You are strongly encouraged to personally inspect any property 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.
1.5.4. 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.
1.6. Site Materials
1.6.1. All information and content available on this Site (collectively, “Materials”) are protected by copyright and other intellectual property laws. The Materials are owned by Arizona Guest House and its affiliates, and/or their respective licensors and suppliers (collectively, “Licensors”). The Materials are intended for personal and noncommercial use only. You may not copy, reproduce, sell, license, publish, distribute, modify, display, perform, combine, create a derivative work from, re-post, or otherwise use any portion of the Materials in any other way or for any other purpose without the prior written consent of Arizona Guest House.
1.7. Third-Party Sites / Third-Party Vendors
1.7.1. During the course of your visit to the Site, You may be directed to third-party websites to fulfill certain site features and functionality (e.g., if You choose to view community information or check the availability of a specific property). You agree that when visiting third-party websites (for example, among others, websites not containing “azguesthouse.com” in the URL), You are subject to the privacy policy and terms of service, if any, of that third-party website, which may differ from those of Arizona Guest House. By selecting links to such third-party websites, You agree that You will be leaving the Site and that Arizona Guest House and its affiliates have no responsibility or liability whatsoever in connection with your use or your exchange of any information with such third-party websites. Arizona Guest House and its affiliates do not endorse, sponsor, or guarantee these linked websites and are not responsible in any way for any advice, content, information, practices, products, or services related to or made available through such linked websites.
1.8. Claims of Copyright Infringement
1.8.1. Arizona Guest House and its affiliates respect the intellectual property rights of others, and asks those posting or transmitting any Content to or through the Site to do the same.
1.9. Trademarks
1.9.1. You acknowledge that the Materials include certain trademarks, service marks, and other indicia of source (together “Marks”) that are owned by Arizona Guest House, its affiliates, Licensors, and others. You agree not to copy, use, infringe, or dilute the Marks. You further agree that You will not alter or remove any Mark, copyright notice, or other notice from the Materials or any copy thereof. The “Arizona Guest House” name and logo are trademarks of Arizona Guest House. Other product and company names herein may be trademarks of their respective owners.
1.10. Linking
1.10.1. If You operate a website and wish to link to the Site, You must link to the Site’s home page (www.azguesthouse.com) and/or You may also link to other pages found on the Site, provided that no manipulation to the canonical URL has occurred—specifically, but not limited to, the addition or removal of any unique values, parameters, or subfolders needed to render a page on the Site. Arizona Guest House reserves the right to disavow, reject, or terminate any links to the Materials or the Site.
1.11. Opinion
1.11.1. The Site may offer opportunities for Users 18 years of age and older to submit Content that expresses their opinions and shares their ideas, for example, in a consumer blogging format (“Opinion Content”). Arizona Guest House and its affiliates do not endorse the accuracy or reliability of any Opinion Content. If You decide to submit Opinion Content, please use your best judgment and be respectful of other individuals. By posting or submitting Opinion Content, You agree to abide by these Terms of Service.
1.12. Unsolicited Content
1.12.1. Arizona Guest House does not accept unsolicited content or ideas for use or publication in its programming or in other digital, electronic, or print media, except in connection with the Forums, chat rooms, and bulletin boards on the Site. Arizona Guest House and its affiliates shall not be responsible for the similarity of any of its content or programming in any media to Content or ideas transmitted to the Site.
1.13. Prohibited Activities
1.13.1. You shall not:
1.13.1.1. Submit Content that is patently offensive to the online community, such as content that reflects or promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual.
1.13.1.2. Engage in activity or submit Content that could be harmful to minors.
1.13.1.3. Engage in activity or submit Content that harasses or advocates harassment of another person.
1.13.1.4. Engage in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” to others.
1.13.1.5. Engage in activity, submit Content or Reference Information, or promote information, that is fraudulent, false, misleading, inaccurate, and/or constitutes a misrepresentation, or promotes illegal activities or conduct that is abusive, threatening, obscene, vulgar, defamatory, libelous, or otherwise objectionable.
1.13.1.6. Submit Content that contains restricted or password-only access pages, or hidden pages or images.
1.13.1.7. Submit Content that displays pornographic or sexually explicit material of any kind.
1.13.1.8. Submit Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses.
1.13.1.9. Engage in activities or submit Content that solicits passwords or personally identifiable information from others for unlawful purposes.
1.13.1.10. Engage in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, and pyramid schemes.
1.13.1.11. Use the Site’s lead forms and/or toll-free numbers to advertise or promote products and services to Arizona Guest House advertisers or to solicit Arizona Guest House advertisers in any manner.
1.13.1.12. Use any robot, spider, or other automatic device, or a manual process, to access, monitor, or copy web pages or the Materials contained in the Site or for any other unauthorized purpose.
1.13.1.13. Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site.
1.13.1.14. Decompile, reverse engineer, disassemble, or otherwise attempt to obtain the source code for the Software.
1.13.1.15. Take any action that imposes an unreasonable or disproportionately large load on Arizona Guest House’s hardware and software infrastructure.
2. User
2.1. IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE AND BELOW OR TO ANY CHANGES TO THESE TERMS OF SERVICE, PLEASE EXIT THE SERVICE IMMEDIATELY.
2.2. Content/Submissions
2.2.1. By submitting any Content through the Site, including, but not limited to, through any lead form, you agree that Arizona Guest House, a landlord, a property manager, or other similar individual or entity may contact you via email, text message, phone, or autodialer for any purpose.
2.2.2. Arizona Guest House does not encourage you to submit any information. You will only submit any information at your own risk and discretion.
2.2.3. Arizona Guest House does not endorse any vendor, property, landlords, property management companies, property owners, or other real estate professionals.
2.2.4. The Site may permit You to voluntarily submit Content relating to You, including your total monthly income or your perceived credit score (“Consumer-Provided Information”).
2.2.5. By providing Consumer-Provided Information, You acknowledge that Arizona Guest House may share such Consumer-Provided Information with Properties offering units for rent through the Site subject to these Terms of Service. Any recipient of such Consumer-Provided Information agrees that such information may not be accurate, should not be relied on for any reason, and may not be used to make a decision about whether to rent a property to a particular person.
2.3. User Responsibilities
2.3.1. You are strongly encouraged to personally inspect any property 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.
2.3.2. 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.
2.4. Arizona Guest House Rights
2.4.1. Given the nature of the Site and the volume of messages and postings, except as otherwise provided in these Terms of Service or other applicable terms, Arizona Guest House cannot and does not monitor all of the Content posted or transmitted by You and other third-party information providers. Arizona Guest House 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 Arizona Guest House (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.
2.5. Representations / Indemnity
2.5.1. 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 are complete, truthful, accurate, and not misleading, (e) the Content and Reference Information have not been submitted 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 Arizona Guest House. You agree to release, defend, indemnify, and hold Arizona Guest House, its affiliates, Licensors, and their respective officers, directors, employees, agents, and contractors harmless from and against any and all claims, costs, demands, or 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.
2.6. Communication
2.6.1. When using the Arizona Guest House services, You expressly consent to receiving calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from Arizona Guest House (and its affiliates), landlords, property managers, third-party suppliers, agents, and others calling at their request or on their behalf, at any telephone numbers that You have provided or may provide in the future (including any cellular telephone numbers). Your cellular or mobile telephone provider will charge you according to the type of plan you carry.
3. Advertiser
3.1. IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE AND BELOW OR TO ANY CHANGES TO THESE TERMS OF SERVICE, PLEASE EXIT THE SERVICE IMMEDIATELY.
3.2. Create a Listing
3.2.1. These Create a Listing Terms of Service (“Terms”) apply to any individual or entity who uses the free submission feature (the “Property Submission Service”) to submit a rental on Arizona Guest House (the “Site”). These Terms are in addition to the Arizona Guest House Terms of Service specified in the Terms of Service, which together form a legally binding contract between you and Arizona Guest House. By using the Property Submission Process to advertise on the Site, you represent and warrant that:
3.2.1.1. The property is eligible to be submitted using the Property Submission Process, meaning the property is an apartment, condo, townhome, or single-family home and is for rent, not a sublease for a unit in a multi-family apartment community.
3.2.1.2. You own or have the right to advertise the property you are submitting.
3.2.1.3. You have the right to lease the advertised property.
3.2.1.4. You are willing to lease the advertised property at the price and on any other terms specified in your submission.
3.2.1.5. You will not advertise more than one property in a single submission on the Property Submission Service, either by including descriptions of multiple units in one property or by subsequently updating the property information to advertise different properties or units.
3.2.1.6. Upon leasing or otherwise taking your property off the market, you will within 72 hours delete the information for that property.
3.2.1.7. You will not use the Property Submission Process to advertise or promote anything, including, without limitation, any product, service, or business, other than the unique property offered for lease.
3.2.1.8. You will not use the Property Submission Process to advertise a sublease or shared housing, i.e., a room or rooms within a rented apartment or a rented house.
3.2.1.9. You will not use the Property Submission Process or the Site for any fraudulent, false, misleading, or deceptive activity.
3.2.1.10. All Content that you provide to Arizona Guest House and everything in your submission, including without limitation, any photos or text descriptions, is truthful, accurate, and complete and complies with all local, state, and federal laws and regulations, including without limitation, fair housing laws.
3.2.1.11. You are solely responsible for any and all submissions you add using the Property Submission Service, and all ads, photos, descriptions, data, or other information (“Content”) you submit to the Site.
3.2.1.12. You have all the rights necessary to post your property using the Property Submission Service, including, without limitation, all content, photos, data, text, and other materials contained therein, on the Site.
3.2.1.13. Photos you upload to the Property Submission Process will only show the property submitted for rent and shall not include, under any circumstances, people, animals, trademarked items, religious symbols, or other objects or features not part of the apartment or apartment community.
3.2.2. By submitting a property via the Property Submission Process, you grant to Arizona Guest House, 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. The permission you grant Arizona Guest House includes express permission to syndicate the property submission and Content to affiliated or partner sites.
3.2.3. Arizona Guest House reserves the right, in its sole discretion, to remove any submission or Content from the Property Submission Service, without notice and without liability, that does not meet the requirements of these Create a Listing Terms of Service, the Site’s Terms of Service, Arizona Guest House’s policies, or if Arizona Guest House otherwise determines or believes, in its sole and exclusive discretion, is inappropriate for any legal, business, technical, or other reason.
3.3. Liquidated Damages
3.3.1. Violations of these Create a Listing Terms of Service harm the integrity, functionality, and reputation of Arizona Guest House; detract from users’ and our customers’ trust in and use of the Site; and damage the business of Arizona Guest House. Accordingly, you acknowledge and agree that Arizona Guest House incurs actual damages, which are extremely difficult and/or impossible to quantify, as a result of any violation of these Create a Listing Terms of Service. You agree that it is fair and reasonable for Arizona Guest House, at 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 Arizona Guest House 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 Arizona Guest House for violations of these Create a Listing Terms of Service, and you consent to injunctive or other equitable relief for such violations without the requirement that Arizona Guest House post a bond. You agree specifically that the availability of liquidated damages does not impact Arizona Guest House’s right 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.
3.3.2. $50,000 Per Submission. 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).
3.4. General Limitations
3.4.1. In most cases, properties submitted using the Property Submission Process will appear on the Site within 5 business days of submission. ARIZONA GUEST HOUSE DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES TO YOU REGARDING THE PROPERTY SUBMISSION SERVICE, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES THAT YOU WILL LEASE YOUR PROPERTY, OBTAIN AN ACCEPTABLE RENT FOR YOUR PROPERTY, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED RENTERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR PROPERTY FOR RENT.
3.4.2. Arizona Guest House reserves the right to, but is under no obligation to and does not assume any obligation to, review submissions added using the Property Submission Process 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. If Arizona Guest House determines, in its sole and exclusive discretion, that you are engaging in any unfair, deceptive, false, misleading, or fraudulent practices, or that your submission violates any laws or guidelines, Arizona Guest House reserves the right to reject or immediately remove your submission from the Site without notice and without liability, as described above.
3.5. Photos/Videos
3.5.1. Color: All photos must be in color with minimal filtering effects. Black and white photos will be rejected.
3.5.2. Format: Images must be submitted in JPG or PNG format.
3.5.3. Unacceptable Elements: Do not include distorted, blurry images or those with unrecognizable elements. Special effects such as strobing, flashing, or animation are not allowed.
3.5.4. Recording Method: Videos should be recorded horizontally. Ensure high video quality by holding the camera steady or using a tripod. Avoid reflections of the recording party in glass or mirrors.
3.5.5. Length of Recording: Videos should be limited to five (5) minutes or less, but provide as much detail about the residential unit as possible.
3.5.6. File Type/Size: Video files must be in MOV or MP4 format and no larger than one (1) Gigabyte.
3.5.7. Audio Content: Recorded audio should only describe the contents of the video. Videos containing contact information (phone numbers, email addresses, website URLs) will be removed from the Site.
3.5.8. Original Work: Submissions must be owned by the party submitting the images/videos. Content that infringes on any copyright or trademark will not be accepted.
3.5.9. Superimposed Content: Text, graphics, or logos superimposed onto the image or video are not permitted. Images or videos displaying contact details will be deleted.
3.5.10. Spyware/Malware: Submissions must be free of viruses, malware, or other corruptions that could damage Arizona Guest House’s systems. Tactics to circumvent listing review processes are not allowed.
3.5.11. Illegal/Adult Content: Submissions must not promote illegal products, services, or activities. Content encouraging discriminatory behavior, tobacco use, e-cigarettes, drugs, weapons, or adult-oriented material is prohibited.
3.5.12. By submitting images/videos or user information to us, you further agree that:
3.5.12.1. You are at least 18 years old.
3.5.12.2. The images/videos you provide are true and accurate.
3.5.12.3. You have not impersonated anyone or misrepresented your affiliation with any entity.
3.5.12.4. Your agreement to submit images/videos does not conflict with any existing legal commitments.
3.5.12.5. Your submissions do not contain confidential information, and we are not obligated to treat them as confidential.
3.5.13. By submitting images/videos or user information to us, you further agree that:
3.5.13.1. We may moderate the Site, review all submitted images/videos, and decide at our sole discretion whether to display or otherwise use your submissions.
3.5.13.2. We may remove your images/videos from the Site at any time without notice.
3.5.13.3. We may edit your images/videos for suitability and compliance with our rules and other purposes we deem appropriate.
3.5.13.4. You are solely responsible for your submissions and the consequences of submitting them to us and our use as permitted by these terms.
3.5.13.5. You will not be compensated for our use of your images/videos or by any third party authorized by us.
3.5.13.6. You grant Arizona Guest House, its affiliates, and its parent and related companies a royalty-free, perpetual, irrevocable, nonexclusive, fully transferable, fully sublicenseable right and license to use your images/videos in any form or media now or developed in the future. Additionally, you grant us the right to use and refer to your name, image, or other distinctive identification related to your video for any purpose without compensation.
3.6. Content/Submissions
3.6.1. By submitting ads, photos, descriptions, data, or other information (“Content”) to the Site in connection with a property, You hereby grant to Arizona Guest House, its affiliates, and its parent and related companies a royalty-free, perpetual, irrevocable, nonexclusive, fully transferable, fully sublicensable right and license to copy, modify, display, distribute, perform, create derivative works from, store, and otherwise use and exploit all such Content in any form, media, software, or technology of any kind now existing or developed in the future. You further grant to Arizona Guest House, its affiliates, and its parent and related companies, a royalty-free right and license to use your name, image, and likeness in connection with the reproduction or distribution of the Content.
3.6.2. By submitting any Content through the Site, including, but not limited to, through any lead form, you agree that Arizona Guest House, a landlord, a property manager, or other similar individual or entity may contact you via email, text message, phone, or autodialer for any purpose.
3.7. Arizona Guest House Rights
3.7.1. Given the nature of the Site and the volume of messages and postings, except as otherwise provided in these Terms of Service or other applicable terms, Arizona Guest House cannot and does not monitor all of the Content posted or transmitted by You and other third-party information providers. Arizona Guest House 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 Arizona Guest House (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.
3.8. Representations / Indemnity
3.8.1. 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 are complete, truthful, accurate, and not misleading, (e) the Content and Reference Information have not been submitted 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 Arizona Guest House. You agree to release, defend, indemnify, and hold Arizona Guest House, its affiliates, Licensors, and their respective officers, directors, employees, agents, and contractors harmless from and against any and all claims, costs, demands, or 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.
3.9. Compliance with Fair Housing
3.9.1. All Content is subject to federal fair housing laws, which make it illegal to indicate in any advertisement any preference, limitation, or discrimination based on race, color, religion, sex, physical or mental disability, and/or familial status. Your state jurisdiction may also prohibit any preferences based on sexual orientation, marital status, ancestry, source of income, or other criteria (together, applicable federal and state fair housing laws are referred to as “Applicable Fair Housing Laws”). If You have any questions about the fair housing laws and housing discrimination in general, please call your local fair housing agency or the U.S. Department of Housing and Urban Development. For a list of all fair housing groups, visit the Housing Rights Center’s website at hud.gov. Your provision, receipt, and/or use of any Content offered or obtained through the Site shall be at all times in compliance with Applicable Fair Housing Laws.
3.10. Communication
3.10.1. When using the Arizona Guest House services, You expressly consent to receiving calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from Arizona Guest House (and its affiliates), landlords, property managers, third-party suppliers, agents, and others calling at their request or on their behalf, at any telephone numbers that You have provided or may provide in the future (including any cellular telephone numbers). Your cellular or mobile telephone provider will charge you according to the type of plan you carry.
3.11. Termination of Services
3.11.1. You understand and agree that in Arizona Guest House’s sole discretion, and without prior notice, your access to this Site may be terminated or suspended, and Arizona Guest House 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 Arizona Guest House, its affiliates, a Licensor, or another User, or (iii) any law or regulation, or is otherwise objectionable or inappropriate, or (b) constitutes fraudulent or unlawful activity of any nature. You agree that monetary damages may not provide a sufficient remedy to Arizona Guest House for violations of these Terms of Service, and you consent to injunctive or other equitable relief for such violations without the requirement that Arizona Guest House post a bond. Arizona Guest House is not required to provide any refund to you if your use is terminated as a result of Arizona Guest House’s determination, in its sole discretion, that you have violated these Terms of Service.
3.12. Dispute Resolution
3.12.1. Binding Arbitration – If you reside in the United States, you and Arizona Guest House agree to resolve any claims relating to this Agreement or the Listings (collectively, “Disputes”) through final and binding arbitration, except as otherwise specifically provided herein.
3.12.2. Waiver of Class Action – You acknowledge and agree that you and Arizona Guest House are each waiving the right to a trial by jury or 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. Further, unless both you and Arizona Guest House otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not preside over any form of a class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement.
3.12.3. Arbitration Rules and Governing Law – This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act (the “FAA”) governs the interpretation and enforcement of this provision. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1–800–778–7879.) If the FAA and AAA Rules are found not to apply to any Dispute hereunder, or the enforcement thereof, then that issue shall be resolved under the laws of the State of Arizona without giving effect to its conflict of laws provisions.
3.12.4. Notice; Informal Dispute Resolution – A party who intends to seek arbitration must first send written notice to the other party by certified mail. Your notice must include (a) your name, postal address, telephone number, and email address, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Arizona Guest House’s notice to you will be sent electronically to the email address Arizona Guest House has on file associated with your account, and will include (a) Arizona Guest House’s name, postal address, telephone number, and an email address at which Arizona Guest House can be contacted with respect to the Dispute, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that Arizona Guest House is seeking.
3.12.5. If you and Arizona Guest House cannot agree on how to resolve the Dispute within thirty (30) days after the notice is received by the applicable party, then either you or Arizona Guest House may commence an arbitration proceeding in accordance with this Agreement.
3.12.6. Arbitration Process – A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of Arizona and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
3.12.7. Arbitration Location and Procedure – Unless you and Arizona Guest House agree otherwise, the arbitration will be conducted in Maricopa County, Arizona, and the state and federal courts located in Maricopa County, Arizona, shall have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. If the Dispute does not exceed $10,000, you or Arizona Guest House may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on both parties subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. In cases where an in-person hearing is held, you and/or Arizona Guest House may attend by telephone, unless the arbitrator requires otherwise. If the Dispute exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
3.12.8. Arbitrator’s Decision – The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award must be consistent with the terms of the “Liability Limitation; Exclusive Remedy” section regarding the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The prevailing party shall be entitled to an award of reasonable attorney fees.
3.12.9. Fees – Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules.
3.12.10. Changes – Notwithstanding the provisions of the “Changes; Discontinuance” section, if Arizona Guest House changes this “Dispute Resolution” section after the date you last accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending Arizona Guest House written notice (including by email) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Arizona Guest House’s email to you notifying you of such change. By rejecting any change, you agree that you will resolve any Dispute between you and Arizona Guest House in accordance with the provisions of this “Dispute Resolution” section as of the date you last accepted this Agreement (or accepted any subsequent changes to this Agreement).
3.12.11. Exceptions to Agreement to Arbitrate – Either party may bring a lawsuit solely for injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Maricopa County, Arizona, to resolve your claim.
4. AGH Referral Program
4.1. IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE AND BELOW OR TO ANY CHANGES TO THESE TERMS OF SERVICE, PLEASE EXIT THE SERVICE IMMEDIATELY.
4.2. Participant
4.2.1. Participants that participate in the AGH Referral Program will have:
4.2.1.1. An active Arizona Real Estate License
4.2.1.2. Be a member of the Arizona Realtor Association
4.2.1.3. Be employed by an active Arizona Broker
4.3. Introductions
4.3.1. Arizona Guest House provides an opportunity to introduce AGH Referral Program Participant to azguesthouse.com visitors, such as prospective renters and property owners.
4.3.2. Participant agrees and understands that Arizona Guest House cannot guarantee any number of introductions or successful transactions or interactions.
4.3.3. Participant agrees and understands that any introduction received is not exclusive. The same introduction may be given to any participant that participates in the AGH Referral Program.
4.4. Content/Submissions
4.4.1. By submitting ads, photos, descriptions, data, or other information (“Content”) to the Site in connection with a property, You hereby grant to Arizona Guest House, its affiliates, and its parent and related companies a royalty-free, perpetual, irrevocable, nonexclusive, fully transferable, fully sublicensable right and license to copy, modify, display, distribute, perform, create derivative works from, store, and otherwise use and exploit all such Content in any form, media, software, or technology of any kind now existing or developed in the future. You further grant to Arizona Guest House, its affiliates, and its parent and related companies, a royalty-free right and license to use your name, image, and likeness in connection with the reproduction or distribution of the Content.
4.4.2. By submitting any Content through the Site, including, but not limited to, through any lead form, you agree that Arizona Guest House, a landlord, a property manager, or other similar individual or entity may contact you via email, text message, phone, or autodialer for any purpose.
4.5. Arizona Guest House Rights
4.5.1. Given the nature of the Site and the volume of messages and postings, except as otherwise provided in these Terms of Service or other applicable terms, Arizona Guest House cannot and does not monitor all of the Content posted or transmitted by You and other third-party information providers. Arizona Guest House 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 Arizona Guest House (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.
4.6. Representations / Indemnity
4.6.1. 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 are complete, truthful, accurate, and not misleading, (e) the Content and Reference Information have not been submitted 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 Arizona Guest House. You agree to release, defend, indemnify, and hold Arizona Guest House, its affiliates, Licensors, and their respective officers, directors, employees, agents, and contractors harmless from and against any and all claims, costs, demands, or 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.
4.7. Compliance with Fair Housing
4.7.1. All Content is subject to federal fair housing laws, which make it illegal to indicate in any advertisement any preference, limitation, or discrimination based on race, color, religion, sex, physical or mental disability, and/or familial status. Your state jurisdiction may also prohibit any preferences based on sexual orientation, marital status, ancestry, source of income, or other criteria (together, applicable federal and state fair housing laws are referred to as “Applicable Fair Housing Laws”). If You have any questions about the fair housing laws and housing discrimination in general, please call your local fair housing agency or the U.S. Department of Housing and Urban Development. For a list of all fair housing groups, visit the Housing Rights Center’s website at hud.gov. Your provision, receipt, and/or use of any Content offered or obtained through the Site shall be at all times in compliance with Applicable Fair Housing Laws.
4.8. Communication
4.8.1. When using the Arizona Guest House services, You expressly consent to receiving calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from Arizona Guest House (and its affiliates), landlords, property managers, third-party suppliers, agents, and others calling at their request or on their behalf, at any telephone numbers that You have provided or may provide in the future (including any cellular telephone numbers). Your cellular or mobile telephone provider will charge you according to the type of plan you carry.
4.9. Termination of Services
4.9.1. You understand and agree that in Arizona Guest House’s sole discretion, and without prior notice, your access to this Site may be terminated or suspended, and Arizona Guest House 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 Arizona Guest House, its affiliates, a Licensor, or another User, or (iii) any law or regulation, or is otherwise objectionable or inappropriate, or (b) constitutes fraudulent or unlawful activity of any nature. You agree that monetary damages may not provide a sufficient remedy to Arizona Guest House for violations of these Terms of Service, and you consent to injunctive or other equitable relief for such violations without the requirement that Arizona Guest House post a bond. Arizona Guest House is not required to provide any refund to you if your use is terminated as a result of Arizona Guest House’s determination, in its sole discretion, that you have violated these Terms of Service.
4.10. Dispute Resolution
4.10.1. Binding Arbitration – If you reside in the United States, you and Arizona Guest House agree to resolve any claims relating to this Agreement or the Listings (collectively, “Disputes”) through final and binding arbitration, except as otherwise specifically provided herein.
4.10.2. Waiver of Class Action – You acknowledge and agree that you and Arizona Guest House are each waiving the right to a trial by jury or 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. Further, unless both you and Arizona Guest House otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not preside over any form of a class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement.
4.10.3. Arbitration Rules and Governing Law – This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act (the “FAA”) governs the interpretation and enforcement of this provision. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1–800–778–7879.) If the FAA and AAA Rules are found not to apply to any Dispute hereunder, or the enforcement thereof, then that issue shall be resolved under the laws of the State of Arizona without giving effect to its conflict of laws provisions.
4.10.4. Notice; Informal Dispute Resolution – A party who intends to seek arbitration must first send written notice to the other party by certified mail. Your notice must include (a) your name, postal address, telephone number, and email address, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Arizona Guest House’s notice to you will be sent electronically to the email address Arizona Guest House has on file associated with your account, and will include (a) Arizona Guest House’s name, postal address, telephone number, and an email address at which Arizona Guest House can be contacted with respect to the Dispute, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that Arizona Guest House is seeking.
4.10.5. If you and Arizona Guest House cannot agree on how to resolve the Dispute within thirty (30) days after the notice is received by the applicable party, then either you or Arizona Guest House may commence an arbitration proceeding in accordance with this Agreement.
4.10.6. Arbitration Process – A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of Arizona and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
4.10.7. Arbitration Location and Procedure – Unless you and Arizona Guest House agree otherwise, the arbitration will be conducted in Maricopa County, Arizona, and the state and federal courts located in Maricopa County, Arizona, shall have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. If the Dispute does not exceed $10,000, you or Arizona Guest House may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on both parties subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. In cases where an in-person hearing is held, you and/or Arizona Guest House may attend by telephone, unless the arbitrator requires otherwise. If the Dispute exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
4.10.8. Arbitrator’s Decision – The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award must be consistent with the terms of the “Liability Limitation; Exclusive Remedy” section regarding the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The prevailing party shall be entitled to an award of reasonable attorney fees.
4.10.9. Fees – Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules.
4.10.10. Changes – Notwithstanding the provisions of the “Changes; Discontinuance” section, if Arizona Guest House changes this “Dispute Resolution” section after the date you last accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending Arizona Guest House written notice (including by email) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Arizona Guest House’s email to you notifying you of such change. By rejecting any change, you agree that you will resolve any Dispute between you and Arizona Guest House in accordance with the provisions of this “Dispute Resolution” section as of the date you last accepted this Agreement (or accepted any subsequent changes to this Agreement).
4.10.11. Exceptions to Agreement to Arbitrate – Either party may bring a lawsuit solely for injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Maricopa County, Arizona, to resolve your claim.
5. Dispute Resolution
5.1. Binding Arbitration – If you reside in the United States, you and Arizona Guest House agree to resolve any claims relating to this Agreement or the Listings (collectively, “Disputes”) through final and binding arbitration, except as otherwise specifically provided herein.
5.2. Waiver of Class Action – You acknowledge and agree that you and Arizona Guest House are each waiving the right to a trial by jury or 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. Further, unless both you and Arizona Guest House otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not preside over any form of a class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement.
5.3. Arbitration Rules and Governing Law – This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act (the “FAA”) governs the interpretation and enforcement of this provision. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1–800–778–7879.) If the FAA and AAA Rules are found not to apply to any Dispute hereunder, or the enforcement thereof, then that issue shall be resolved under the laws of the State of Arizona without giving effect to its conflict of laws provisions.
5.4. Notice; Informal Dispute Resolution – A party who intends to seek arbitration must first send written notice to the other party by certified mail. Your notice must include (a) your name, postal address, telephone number, and email address, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Arizona Guest House’s notice to you will be sent electronically to the email address Arizona Guest House has on file associated with your account, and will include (a) Arizona Guest House’s name, postal address, telephone number, and an email address at which Arizona Guest House can be contacted with respect to the Dispute, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that Arizona Guest House is seeking.
5.5. If you and Arizona Guest House cannot agree on how to resolve the Dispute within thirty (30) days after the notice is received by the applicable party, then either you or Arizona Guest House may commence an arbitration proceeding in accordance with this Agreement.
5.6. Arbitration Process – A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of Arizona and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
5.7. Arbitration Location and Procedure – Unless you and Arizona Guest House agree otherwise, the arbitration will be conducted in Maricopa County, Arizona, and the state and federal courts located in Maricopa County, Arizona, shall have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. If the Dispute does not exceed $10,000, you or Arizona Guest House may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on both parties subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. In cases where an in-person hearing is held, you and/or Arizona Guest House may attend by telephone, unless the arbitrator requires otherwise. If the Dispute exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
5.8. Arbitrator’s Decision – The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award must be consistent with the terms of the “Liability Limitation; Exclusive Remedy” section regarding the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The prevailing party shall be entitled to an award of reasonable attorney fees.
5.9. Fees – Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules.
5.10. Changes – Notwithstanding the provisions of the “Changes; Discontinuance” section, if Arizona Guest House changes this “Dispute Resolution” section after the date you last accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending Arizona Guest House written notice (including by email) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Arizona Guest House’s email to you notifying you of such change. By rejecting any change, you agree that you will resolve any Dispute between you and Arizona Guest House in accordance with the provisions of this “Dispute Resolution” section as of the date you last accepted this Agreement (or accepted any subsequent changes to this Agreement).
5.11. Exceptions to Agreement to Arbitrate – Either party may bring a lawsuit solely for injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Maricopa County, Arizona, to resolve your claim.
6. Privacy Policy
6.1. Introduction – At Arizona Guest House, we are committed to safeguarding the personal information of our users. Your privacy is of utmost importance to us, and we strive to protect the data you share with us through our platform. This Privacy Policy outlines the types of information we collect and how we use it. Unfortunately, we cannot guarantee that your information will not be leaked or hacked by unauthorized individuals. If you have any concerns about how your data is collected and used, please do not use the Arizona Guest House platforms.
6.2. Types of Personal Information We Collect – “Personal Information” refers to any data that can identify or be linked to an individual. This can include:
6.2.1. Contact Information: Name, email address, phone number, mailing address.
6.2.2. Demographic Information: Gender, date of birth, language preferences.
6.2.3. Employment Information: Job title, business contact details, broker license number (if applicable).
6.2.4. Log-in Credentials: Username and password for account access.
6.2.5. Social Media Information: Information shared on your social media accounts.
6.2.6. Technical Details: IP address, browser information, device identifiers.
6.2.7. Payment Information: Credit card details and other payment-related information.
6.2.8. Identification: Government-issued IDs, Social Security Number.
6.2.9. Commercial Information: Records of properties viewed or inquired about.
6.2.10. Geolocation Information: If you use location-based features.
6.3. How We Collect Personal Information – We collect Personal Information through various means:
6.3.1. Directly from you, such as when you fill out forms on our website or contact us.
6.3.2. From your participation in surveys, contests, or promotions.
6.3.3. Automatically via cookies and similar tracking technologies.
6.3.4. From third-party vendors and public sources, including social media platforms.
6.3.5. How We Use Personal Information – Your Personal Information may be used for the following purposes:
6.3.5.1. To communicate with you and provide our services.
6.3.5.2. To verify your identity and ensure the security of our website.
6.3.5.3. For marketing and advertising our services, including through profiling to show you properties you might be interested in.
6.3.5.4. To improve our services through research and development.
6.3.5.5. To comply with legal obligations and enforce our terms.
6.3.5.6. To offer customer support and manage your account.
6.3.6. Disclosure of Personal Information – We may share your Personal Information with:
6.3.6.1. Service providers who assist us in operating our business.
6.3.6.2. Other users or agents when you interact with listings or make inquiries.
6.3.6.3. Third-party vendors for analytics, marketing, and advertising.
6.3.6.4. Government entities, if required by law.
6.3.6.5. Buyers or successors in case of a merger or sale.
6.3.6.6. International Transfers – We may transfer your Personal Information to other countries, including the United States, where our servers are located. We ensure your data is protected in line with this Privacy Policy.
6.3.6.7. Security of Personal Information – We implement various security measures to protect your data, but no method is 100% secure. We encourage you to use strong passwords and keep them confidential.
6.3.6.8. Retention of Personal Information – We retain your data for as long as necessary to fulfill the purposes outlined in this Privacy Policy, or as required by law.
6.4. Managing Your Personal Information – You have the right to access, correct, or delete your Personal Information. You can also opt-out of marketing communications and targeted advertising by adjusting your account settings or contacting us directly.
6.5. Jurisdiction-Specific Notices – Residents of certain U.S. states may have additional rights under local laws, such as the right to opt-out of the sale of Personal Information or request a copy of the data we hold about you.
7. Updates to this Privacy Notice
7.1. We will update this Privacy Notice from time to time. When we make changes to this Privacy Notice, we will change the “Last Updated” date at the beginning of this Privacy Notice. We encourage you to review this policy every time you visit the website. You further waive any right you may have to receive specific notice of such changes to these privacy policies. You are responsible for regularly reviewing these privacy policies.
8. Representations / Indemnity
8.1. 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 are complete, truthful, accurate, and not misleading, (e) the Content and Reference Information have not been submitted 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 Arizona Guest House. You agree to release, defend, indemnify, and hold Arizona Guest House, its affiliates, Licensors, and their respective officers, directors, employees, agents, and contractors harmless from and against any and all claims, costs, demands, or 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.
9. Arizona Guest House Remedies
9.1. You acknowledge that any breach of these binding Terms of Service, including without limitation the restrictions on competitor access and the sections “Site Material,” “Representations/Indemnity,” and “Prohibited Activities,” or any unauthorized use of the Site, is a material breach of this agreement between You and Arizona Guest House and will cause irreparable harm and injury to Arizona Guest House, for which there is no adequate remedy at law. Thus, in addition to all other remedies available at law or in equity, You agree that in the event of such a breach, Arizona Guest House shall be entitled to injunctive or other equitable relief, whether or not liquidated damages are available, without the requirement that Arizona Guest House post a bond.
9.2. Material breach of these binding Terms of Service harms the integrity, functionality, and reputation of Arizona Guest House; detracts from Users’ trust in and use of the Site; and damages the business of Arizona Guest House. Accordingly, You acknowledge and agree that Arizona Guest House incurs actual damages, which are extremely difficult or impossible to quantify, as a result of a material breach of these binding Terms of Service. For the avoidance of doubt, such damages would not constitute an adequate remedy at law or in any way affect your agreement that Arizona Guest House would be entitled to injunctive or other equitable relief in the event of such a breach.
10. Warranty Disclaimer
10.1. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT AND CONSUMER-PROVIDED INFORMATION IS AT YOUR OWN RISK. ARIZONA GUEST HOUSE, ITS AFFILIATES, AND THEIR RESPECTIVE THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE SOFTWARE, THE CONTENT, CONSUMER-PROVIDED INFORMATION, THE MATERIALS, THE PROPERTY SUBMISSION SERVICE, OR THE APARTMENT PROCUREMENT SERVICE (COLLECTIVELY, THE “SERVICE”) OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SERVICE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AND ARIZONA GUEST HOUSE, ITS AFFILIATES, AND THEIR RESPECTIVE THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES OF NON-INFRINGEMENT. ARIZONA GUEST HOUSE AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE RENTER OF ANY PROPERTY AS TO THE EXISTENCE, OWNERSHIP, OR CONDITION OF THE PROPERTY; AS TO THE ADVERTISED AVAILABILITIES, RENT, LEASE TERMS, SECURITY DEPOSIT, OR APPLICATION FEES, IF ANY; OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A PROPERTY APPEARING ON THE SITE. ARIZONA GUEST HOUSE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. ARIZONA GUEST HOUSE RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT. ALL PROPERTIES ARE SUBJECT TO PRIOR LEASE. ANY AND ALL CONCERNS, DIFFERENCES, OR DISCREPANCIES REGARDING A PROPERTY MUST BE ADDRESSED WITH THE LANDLORD AND/OR PROPERTY MANAGEMENT COMPANY PRIOR TO LEASING OF THE PROPERTY. ARIZONA GUEST HOUSE DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES TO YOU REGARDING THE PROPERTY SUBMISSION SERVICE AND THE APARTMENT PROCUREMENT SERVICE, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES THAT YOU WILL LEASE YOUR PROPERTY, OBTAIN AN ACCEPTABLE RENT FOR YOUR PROPERTY, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED RENTERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR PROPERTY FOR RENT. FOR PURPOSES OF THIS WARRANTY DISCLAIMER, “THIRD-PARTY LICENSOR” DOES NOT INCLUDE YOU.
11. Limitations of Liability
11.1. ARIZONA GUEST HOUSE, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS, AND THIRD-PARTY LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SERVICE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE. IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF ARIZONA GUEST HOUSE, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS, AND THIRD-PARTY LICENSORS FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO ARIZONA GUEST HOUSE. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN ARIZONA GUEST HOUSE AND YOU. THE SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ARIZONA GUEST HOUSE CREATES ANY WARRANTY, REPRESENTATION, AND/OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. FOR PURPOSES OF THIS LIMITATION OF LIABILITY, “THIRD-PARTY LICENSOR” DOES NOT INCLUDE YOU.
12. Waiver
12.1. You understand and agree that any individual or entity that violates any term of these Terms of Service is precluded from enforcing, agrees not to enforce, and covenants not to sue to enforce, any similar or related provision in any contract, including terms and conditions, terms of use, and terms of service, asserted by such individual, entity, or any affiliate thereof, as binding upon Arizona Guest House or any of its affiliates.
13. Changes to Terms
13.1. These terms of use and services may be changed at any time. You are responsible for reading, understanding, and agreeing to these terms of use and services every time you visit the website.
13.2. 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. Arizona Guest House may modify, suspend, discontinue, or restrict the use of any portion of the Site without notice or liability. Any dispute, claim, or controversy, including but not limited to those asserting statutory claims under federal or state law, arising out of or relating to the Terms of Service; the breach, termination, enforcement, interpretation, or validity of the Terms of Service; or any use of Arizona Guest House or the Site, are governed by the laws of the State of Arizona, without regard to its conflict of laws principles. You hereby agree that any cause of action you may have with respect to the Site must be exclusively filed in the federal or state courts located in Maricopa County, Arizona, 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 Maricopa County, Arizona, and waive any objection based on forum non conveniens. 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 Arizona Guest House to enforce any provision of these 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 Arizona Guest House have entered into a separate written agreement, the terms and conditions of such agreement 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.