Pacaso Terms of Use & Conditions | Pacaso

Terms & Conditions

Pacaso Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the pacaso.com website (the “Website”), the Pacaso Platform and the Pacaso mobile applications and Services (collectively, the “Services”).  You agree that by visiting the Services or by registering or using the Services, you are entering a legally binding agreement with Landholdings, Inc., located at 18 East 4th Street, #902 Cincinnati, OH 45202 (“Pacaso”) based on the Terms and the Privacy Policy, which is hereby incorporated by reference (collectively referred to as the “Agreement”).  Your access to and use of the Services are conditioned on your acceptance of and compliance with the Agreement. By accessing or using the Services you agree to be bound by the Agreement.

1. Basic Terms

Pacaso provides a marketplace that connects real estate buyers with the opportunity to purchase a portion of a home through a qualified LLC.  The terms of any real estate purchases that are initiated on or learned about through the Services are provided in the real estate purchase agreement and related paperwork.Pacaso also provides property management services that are managed on the Pacaso mobile app and platform and governed by your subscription agreement to the Pacaso Property Management Services.  Your use of the website and the mobile app are also subject to the terms of the Agreement.   You are responsible for your use of the Services and for any consequences thereof.  You may use the Services only if you can form a binding contract with Pacaso and are not a person barred from accessing the Services under the laws of the United States or other applicable jurisdiction.  If you are under 18 years of age you may not access or use the Services for any reason.  Please contact us if you are aware that a person under 18 is using the Services.  You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.None of the material or opportunities presented by, or available through, Pacaso, are intended to be offerings of, or solicitations of purchasers for, any fractional ownership interest in any jurisdiction where such an offering or solicitation would be prohibited or would require registration and/or regulatory approval.The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, Pacaso may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.The Services may include advertisements, which may be targeted to the content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change. In consideration for Pacaso granting you access to and use of the Services, you agree that Pacaso, third party providers and partners may place such advertising on the Services or in connection with the display of content or information from the Services whether submitted by you or others.

2. Privacy

Any information that you provide to Pacaso is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Pacaso. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Pacaso account, which you may not be able to opt-out from receiving.

3. Passwords

You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your Pacaso account.  Pacaso cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.  You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.You may not use as a username the name of another person or entity or a name or trademark that is subject to any rights of another person without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

4. Mobile Application Requirements

In order to use the Pacaso mobile app (the “App”), you must have a compatible mobile device.  You are responsible for verifying that the App is compatible with your mobile device and Pacaso does not warrant that any App will be compatible with your mobile device.  Your use of the App may use mobile data and may incur additional charges from your wireless provider.  You agree that you are solely responsible for any applicable charges.  Pacaso may update any app and may automatically electronically update the version of any App that you have installed on a mobile device.  By installing the App on your mobile device, you expressly consent to all automatic upgrades, and understand that these Terms of Use will apply to all updated versions of an App. Any third-party open source software included in an App is subject to the applicable open source license and may be available directly from the creator under an open source license. These Terms of Use do not apply to your use of software obtained from a third-party source under an open source license.

5. Content on the Services

Please be aware that Pacaso does not verify the accuracy any information available on the Services.  Any use or reliance on any information you obtained through the Services is at your own risk.  You understand that by using the Services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Pacaso be liable in any way for any content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere. 

If you register on the Website (and then become a “Registrant”), you will have access to enhanced information about Pacaso Homes and Pacaso Previews displayed on the Website (the “Exclusive Content”), such as detailed pricing information and operating expense data for the Pacaso Homes and Pacaso Previews. Pacaso enables individuals to co-own second homes together in a multi-member limited liability company (“LLC”). The Exclusive Content will allow Registrants to better understand how Pacaso determines LLC membership interest prices and how Pacaso provides services to LLC owners. 

By registering to access the Exclusive Content, Registrant hereby accepts and agrees to be bound by the following:

  1. that all data obtained from the Exclusive Content is intended only for the Registrant’s personal, non-commercial use;
  2. that the Registrant has a bona fide interest in the purchase, sale, or lease of real estate of the type being offered through the Exclusive Content;
  3. that the Registrant will not copy, redistribute, or retransmit any of the data or information provided, except in connection with the Registrant’s consideration of the purchase or sale of an individual property; and
  4. that the Registrant acknowledges the applicable MLS’ ownership of and the validity of the applicable MLS’ copyright in the applicable MLS database of the homes displayed in the Exclusive Content.

6. Pacaso Rights

All rights, title, and interest in and to the Services and any content available on the Services are and will remain the exclusive property of Pacaso and its licensors. The Services and its content are protected by copyright, trademark, and other laws of both the United States and foreign countries. Pacaso reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Pacaso, or the Services are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

COPYRIGHT INFRINGEMENT

We take copyright violations very seriously. We may remove material from the Website or Services that appear in our sole discretion to infringe upon the copyright or other intellectual property rights of others, and we will terminate the access rights of any repeat infringer. If you believe a work protected by a U.S. copyright you own has been posted on the Website or Services without authorization, or has been mistakenly removed, you may notify our copyright agent as provided below, and provide the following information:

(a) a physical or electronic signature of the person authorized to act on behalf of the copyright owner;

(b) identification of the copyrighted work or works claimed to have been infringed, or mistakenly removed;

(c) a detailed description of the material you claim is infringing, or has been mistakenly removed, together with information sufficient to enable us to locate it, including the URL where the infringing material appears;

(d) your name, mailing address, telephone number, and e-mail address;

(e) a statement by you that you believe in good faith that the copyrighted material identified is being used in a manner that is not authorized by the copyright owner, its agent or the law, or has been mistakenly removed; and

(f) a statement by you that the above information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed.

To notify Pacaso of claimed copyright infringement, or to file a counter-notice in response to a takedown, please contact us at:

Pacaso Inc. 

18 East 4th Street, #902, Cincinnati Ohio 45202

Email address: support@pacaso.com

7. Restrictions On Use Of The Services

We reserve the right at all times (but will not have an obligation) to suspend and or terminate users or reclaim usernames without liability to you. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Pacaso’s computer systems, or the technical delivery systems of Pacaso providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Pacaso (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Pacaso (NOTE: scraping the Services without the prior consent of Pacaso is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services.

8. Ending These Terms

The Terms will continue to apply until terminated by either you or Pacaso as follows. You may end your legal agreement with Pacaso at any time for any reason by deactivating your accounts and discontinuing your use of the Services. In order to deactivate your account, please contact us at support@pacaso.com.   We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except those Sections you would expect to survive termination.   Nothing in this section shall affect Pacaso’s rights to change, limit or stop the provision of the Services without prior notice, as provided above.

9. Disclaimers, Limitations Of Liability and Indemnity

Please read this section carefully since it limits the liability of Pacaso and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Pacaso Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited. A. The Services are Available “AS-IS”Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, THE PACASO ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Except as expressly provided in any purchase agreements or other agreements you have with Pacaso, the Pacaso Entities make no warranty and disclaim all responsibility and liability for: (i) any actions of Pacaso users or contributors; (ii) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (iii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any content; (iv) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services; (v) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis; (vi) any advice or information you receive through the Services; and (vii) any injuries or harm you or a third party incurs as a result of information or advice received through the Services.  No advice or information, whether oral or written, obtained from the Pacaso Entities or through the Services, will create any warranty not expressly made herein. B. LinksThe Services may contain links to third-party services or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such services or resources; or (ii) the content, products, or services on or available from such services or resources. Links to such services or resources do not imply any endorsement by the Pacaso Entities of such services or resources or the content, products, or services available from such services or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such services or resources. C. Limitation of LiabilityTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PACASO ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE PACASO ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID PACASO, IF ANY, IN THE PAST SIX MONTHS FOR ACCESS TO THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE PACASO ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. D. IndemnificationTo the extent not prohibited by law, you expressly agree to indemnify and hold harmless the Pacaso Entities from and against any and all liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and costs, related to all third party claims, charges and investigations related to (1) your failure to comply with the Terms or the Agreement; and (2) any activity in which you engage on or through the Services.

10. GENERAL TERMS. Waiver and Severability

The failure of Pacaso to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. A. Controlling Law and JurisdictionThese Terms and any action related thereto will be governed by the laws of the state of Ohio without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Hamilton County, Ohio, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.  You agree that you may only bring claims against Pacaso related to your use of the Services on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.  B. Entire AgreementThese Terms and our Privacy Policy are the entire and exclusive agreement between Pacaso and you regarding the Services (excluding any service for which you have a separate agreement with Pacaso that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Pacaso and you regarding the Services. We may revise these Terms from time to time, the most current version will always be at https://www.pacaso.com/terms-and-conditions.  If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 8 above. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. If you have any questions about these Terms, please contact us. Effective: 10/01/2020