Terms of Use

The use of the website and mobile application (collectively, the “Websites”) operated by Finch Living Inc. (“Finch”, “we”, or “us”) and the services offered on and in connection with the Websites (the “Services”) are subject to the following terms of use (“Terms of Use”):

VISITING OR OTHERWISE USING THE WEBSITES, THE CONTENT OR SERVICES OBTAINED DIRECTLY OR INDIRECTLY FROM THE WEBSITES CONSTITUTES ACCEPTANCE OF AND AGREEMENT TO THESE TERMS OF USE. IF YOU DO NOT SO CONSENT, YOU MAY NOT VISIT THE WEBSITES OR USE ANY OF THEIR CONTENT AND ANY OF THE SERVICES. PLEASE READ THESE TERMS OF USE CAREFULLY. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE PERIODICALLY. IF, AT ANY TIME, YOU DISAGREE WITH ANY OF THESE TERMS OF USE, YOU MAY NOT USE THE WEBSITES, THE SERVICES OR ANY OF THEIR FUNCTIONALITIES. PLEASE NOTE THAT WE MAY REVISE THESE TERMS OF USE AT ANY TIME WITHOUT NOTICE TO YOU. YOU CONFIRM, REPRESENT AND WARRANT THAT BY USING THE WEBSITES OR THE SERVICES, YOU ARE AT LEAST 18 YEARS OF AGE.

Privacy Policy

Please review our Privacy Policy, which also governs your visit to the Websites and use of the content found on the Websites, including without limitation, theServices,the text, software (whether downloadable or non-downloadable), technology, user interfaces, profiles, widgets, icons, messages, links, emails, graphics, photographs, images, data compilations, information, video, code, all audio visual or other material appearing on or emanating to and/or from the Websites, as well as the design and appearance of our Websites and the accompanying information and documentation (collectively, “the Content”). By visiting or using the Websites or the Content, you agree to our Privacy Policy, as in effect from time to time. We may modify our Privacy Policy at any time.

License and Websites Access

Finch grants you a limited license to access and make use of the Websites and the Services and not to download (other than as necessary for page viewing) or modify the Websites, or any portion of the Websites, except with our express written consent. This license does not include any resale or commercial use of the Websites or the Content; any derivative use of the Websites and the Content; any downloading or copying of account information for the benefit of another; or any use of data mining, spiders, robots, or similar data gathering and extraction tools. The Websites or any portion of the Websites may not be reproduced, distributed, duplicated, republished, copied, sold, resold or otherwise exploited without our express written consent. You may not frame or utilize framing techniques or caches to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Finch without our express written consent. Any unauthorized use of the Websites automatically terminates your permission or license to use our Websites.

The Websites may allow for downloading of Content and Content-related software and applications for mobile devices. The use of any such mobile applications is expressly governed by these Terms of Use

WebsitesContent

We attempt to provide accurate descriptions of the Content. However, we do not warrant that descriptions or other parts of the Content are accurate, complete, reliable, current, or error-free. If Content is materially misrepresented, your sole remedy is to cease use of that Content and to notify us of the purported error.

The Content provided on our Websites is not intended to and does not constitute legal, accounting, tax, investment, consulting or other professional advice or services. Before making any decision, you must rely on your own examination of the Content provided herein and make your own inquiries and consult your own qualified professional advisors with respect to such Content. Your use of the Content is at your own risk. We expressly disclaim any and all liability in connection with your use of the Content.

From time to time, the Websites may include links to third party websites or portions thereof as a convenience to you. These websites may collect data or solicit personal information from you. We do not monitor or endorse any websites or the information, products or services contained on or accessible through such websites. These websites are not under our control and we are not liable for the content or accuracy of those websites or the products or services offered on or through those websites. If you access such websites, you do so solely at your own risk.

The Websites may host or co-host certain third party content operated by and belonging to such third parties (“Third Party Content”). Third Party Content is subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions of the respective owners of Third Party Content, who retain all ownership and intellectual property rights therein. We expressly disclaim any and all liability in connection with your use of Third Party Content. Any such use of Third Party Content is at your own risk and may subject you to additional or different terms and restrictions by the third party running the service.

User Content and Services

As a condition of using the Websites and submitting any Content or other materials to the Websites, you expressly grant, and you represent and warrant that:

  1. You have a right to grant and you grant to Finch a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Content and your name, voice, and/or likeness as contained in your Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed. You agree that this license includes the right for Finch to make your Content available to others for the publication, distribution, syndication, or broadcast of such User Content on other media and services, including within advertising, without compensation to you. This license is perpetual, and we may use your Content according to this license even after you stop using the Websites.
  2. You will not directly or indirectly upload, input or otherwise send us any material that is illegal, infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionableor any material that constitutes malicious software (such as viruses, Trojan horses and the like) or other rogue programming, political messages, solicitations, mass mailings, or any form of “spam.”
  3. You agree not to attempt illegal or unauthorized entry into our computer system, to attempt to access sensitive system information, to access or track the information of other users, or to use the Websites for any other illegal or unauthorized activity. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead or misrepresent your identity in any manner.
  4. Your name and report information may be made available to the public;
  5. You own or have secured all legal rights necessary for the Content submitted by you to be used by you, Finch, and others as described and otherwise contemplated in these Terms of Use;
  6. You represent and warrant that each person identified, depicted, or shown in in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms of Use.
  7. You are solely responsible for your Content;
  8. You grant to Finch all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;
  9. Finch may, in its sole discretion, choose to remove or not to remove any Content once published;
  10. All of your reviews of any Service presented on the Websites will either be based upon your actual first-hand experiences with the Service providers you are reviewing;
  11. All of your reviews and ratings of the Services that you are rating will be accurate, honest, truthful, and complete in all respects;
  12. You will not receive any form of compensation to post any Content;
  13. You will submit thorough and thoughtful reviews of the Service Providers you review (for example, submitting a review describing a service contractor as “He/She is great.” without additional commentary is not a thorough and thoughtful review);
  14. Your Content and any reviews that you may provide with respect to Services or other Content on the Websitesdo not reflect the views of Finch, its officers, managers, owners, employees, agents, designees or other users.

Finch does not endorse and is not responsible or liable for any Content, data, advertising, products, goods or services available or unavailable from, or through, any third party (such provider of content or services, a “Third Party” and such content and services, the “Third Party Content and Services”). Finch is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on Third Party Content and Services. Your dealings with, or participation in promotions of any Third Party, and any other terms, conditions, representations or warranties associated with such dealings, are between you and suchThird Partyexclusively and do not involve Finch. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging any Third Party.

You agree that Finch is not responsible for the accessibility or unavailability of any Third Party Content and Servicesor for your interactions and dealings with any Third Party, waive the right to bring or assert any claim against Finch relating to any interactions or dealings with any Third Party, and release Finch from any and all liability for or relating to any interactions or dealings with any Third Party. Your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, Third Partiesfound on or through the use of the Websites, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such Third Parties. You agree that Finch shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Third Partiesand Third Party Content and Serviceson the FinchWebsites.

User Account

If you are accessing the Websites without creating an account, you are agreeing to be bound by these Terms of Use. If you are setting up a user account you agree to be bound by these Terms of Useand provide true and accurate information.  You further agree not to use a false name or an email address owned or controlled by another person or otherwise provide any false or misleading information. You agree to provide an email address you own and use, and a password. You will be solely responsible for maintaining the confidentiality of your password. You will also update your registration information with us from time to time so that it remains true, correct and complete. You may never use another user’s account without permission.Finch reserves the right to refuse service, terminate accounts, remove or edit the Content in its sole discretion.

Finch may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms of Use, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms of Use.

Intellectual Property

Subject to the provisions of these Terms of Use, our Websites and the Content are owned by or licensed to Finch, subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions. Finch reserves all rights to the Content. You agree not to engage in the use, copying, or distribution of any Content unless you are expressly permitted to do so by a written agreement with us. You agree not to circumvent, disable or otherwise interfere with security related features of the Websites or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Websites or the Content. You agree not to copy, publish, retransmit, broadcast, disseminate, distribute, commercially exploit, sell, modify, decompile, reverse engineer, disassemble or create derivative works from the Content.

All product, brand and company names and logos used on our Websites are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the Websites, whether or not owned and/or operated by Finch (unless you first receive our express written consent or the consent of the owner of the mark, as appropriate), is strictly prohibited.  You may not use metatags or any other “hidden text” utilizing “Finch” or any other name, trademark, service mark or product or service name of Finch without our prior written permission.  In addition, the look and feel of the Websites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Finch and may not be copied, imitated or used, in whole or in part, without our prior written permission. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Disclaimer of Warranties and Limitation of Liability

THE WEBSITES, THE CONTENT AND ALL INFORMATION, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITES ARE PROVIDED BY US ON AN “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS. FINCHMAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITES OR THEIR CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITES OR THE SERVICES IS AT YOUR SOLE AND ABSOLUTE RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FINCHDISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FINCH DOES NOT WARRANT THAT THE WEBSITES, THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITES, ITS SERVERS, OR THAT E-MAILS SENT FROM FINCHARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL FINCH, ITS RESPECTIVE STOCKHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING FROM YOUR USE OF THE WEBSITES OR FROM THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITES.

IN NO EVENT, SHALL THE TOTAL MAXIMUM AGGREGATE LIABILITY OF FINCHUNDER THESE TERMS OF USE, THE LICENSE PROVIDED HEREUNDER, OR THE USE OR EXPLOITATION OF THE WEBSITES IN ANY MANNER WHATSOEVER EXCEED THE AMOUNT ACTUALLY PAID, IF ANY, TO FINCHBY THE INJURED PARTY. IN ANY JURISDICTION THAT DOES NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF FINCH OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, PARTNERS, AFFILIATES, AGENTS, SUPPLIERS, CUSTOMERS OR LICENSEES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnity

You agree to indemnify, defend and hold Finchand its affiliates, and their respective owners, directors, officers, employees, shareholders, agents, suppliers, customers and users of the Content (collectively, the “Finch Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including legal fees) incurred by any Finch Party as a result of or in connection with (i) any breach by you of any of the provisions of these Terms of Use; (ii) any violation by you of applicable law; (iii) any use or alleged use of the Websites or the Content by you or anyone within your control; (iv) any third party claim against Finchas a result of your use of the Websites.

Finchreserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Finch’s defense of such claim. Finchmay deduct its costs of obtaining any recovery from the amount of the recovery (including, without limitation, reasonable attorneys’ fees and all other costs).

Disputes and Applicable Law

By visiting the Websites, you agree that the laws of the State of New York, without regard to principles of conflicts of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Finch. You further agree that you are waiving the right to a trial by jury or a right to participate in a class action. Any dispute relating in any way to your visit to the Websites or your use of the Content, products or services offered or distributed by Finchor through Finchshall be solely settled by final and binding arbitration administered by the American Arbitration Association in New York City accordance with its Commercial Arbitration Rules then in effect, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Changes and Severability

You agree to check these Terms of Use periodically for new information and terms that govern your use of the Websites. We reserve the right to make changes to the Websites, our policies, and these Terms of Use at any time. If any of the terms or conditions in these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Communication with Finch

You may contact us at:

Finch Living Inc.

152 West 57th Street,

17th Floor, New York,  NY 10019

You agree to receive communications from us electronically regarding your account, these Term of Use and the Websites, and such communications sent from us shall be considered sufficient means of notice, whether applicable law requires written notice or not. You further agree that your electronic communications are not confidential unless otherwise agreed in writing with us.

Copyright Policy and Complaints

Finch respects the intellectual property of others. If you believe that any material on the Websites or any use of the Websites infringes upon any copyright that you own or control, please send us a notification of such infringement containing the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the material that you claim is infringing can be found on the Websites;
  • Your address, telephone number, and email address;
  • A statement that you believe that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you at the bottom of your notification exactly as follows: “I hereby declare, under penalty of perjury, that the above information is accurate and that I am the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.”

Send the notification to us as follows:

Finch Living Inc.

hello@finchliving.com

In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of terminating accounts and/or pursuing other remedies, at our sole discretion, if we suspect that the account holder has infringed the intellectual property rights of Finch or any third party.