ACCEPTANCE OF THE TERMS OF USE

The following terms and conditions (these “Terms of Use”) are entered into by and between you and Mitten Housing. (“Company”, “we”, “our”, or “us”). These Terms of Use govern your access to and use of https://mittenhousing.com (the “Site”) and the Company services (the “Services”), including any content and functionality offered on or through the Site, whether browsing the Site as a guest or a registered user.

Please read these Terms of Use carefully before you start to use the Site or the Services, as they contain an arbitration agreement and class action waiver.

By using the Site or the Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://mittenhousing.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site or Services.

Mitten housing represents the following websites and properties which share the same terms of service.

The Finnley Hotel: https://www.thefinnley.com/

Fife Lake Lodge:  https://fifelakelodging.com/

South Arm Retreats: https://www.southarmretreats.com/

In addition, if you stay at a property offered by Company (each, a “Property”) either by booking through the Site or a third-party service provider, you must agree to the Rental Agreement, found at https://mittenhousing.com/rental-agreement.

Company reserves the right to cancel your booking, in accordance with the “Cancellation and Refunds” section of our Guest Accommodation Agreement, in the event that you do not agree to these Terms of Use, the Privacy Policy, and/or the Guest Accommodation Agreement.

CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. We will exercise commercially reasonable business efforts to provide you with notice of any material changes to these Terms of Use. All changes are binding on you ten (10) business days after we post them (or ten (10) business days after the date of notice, if such notice is provided), and apply to all access to and use of the Site and Services thereafter. However, any changes to the dispute resolution provisions set out in the “Arbitration” and “Governing Law and Venue” sections herein will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Site (or the date of notice, if such notice is provided).

If you do not agree to the changes, you should discontinue using the Site and Services. Your continued use of the Site or Services following the ten-business-day period means that you accept and agree to the changes.

RESTRICTED ACCESS

We reserve the right to withdraw or amend this Site, and any Services we provide on the Site, in our sole discretion without prior notice. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

INTELLECTUAL PROPERTY RIGHTS

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Site for your personal and noncommercial use only. You must not reproduce, distribute, modify, copy, adapt, translate, prepare derivative works of, publicly display, publicly perform, republish, license, sell, offer for sale, transfer, download, store, transmit, broadcast, or otherwise exploit any of the material on our Site, except to the extent that you are the legal owner of that material or as follows:

1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
3. You may print or download one copy of a reasonable number of pages of the Site for your own personal, noncommercial use and not for further reproduction, publication, or distribution.

In addition, you must not:

1. Modify, adapt, reverse engineer, decompile, disassemble any content or part of the Site, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site.
2. Delete, alter, or obscure any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted herein are reserved by Company. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

TRADEMARKS

Company name, Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Company or its affiliates or licensors. You shall not use such marks without the prior written permission of Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

COPYRIGHT NOTIFICATIONS

The U.S. Digital Millennium Copyright Act (“DMCA”) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that any content uploaded to the Site or otherwise made available on the Services infringes upon any copyright which you own or control, you may so notify us in accordance with our DMCA process at inquiries@mittenhousing.com.

In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the accounts of users of the Site or Service who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site or Service or terminate the account of any user who infringes any intellectual property rights of others, whether or not there is any repeat infringement.

PROHIBITED USES

You may only use the Site and Services in accordance with these Terms of Use. You are solely responsible for your use of the Site and Services. Use of the Site or Services is void where prohibited. You agree not to:

1. Use the Site in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
2. Use the Site for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
3. Use the Site to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
4. Use the Site to impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
5. Use the Site to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Company or users of the Site or expose them to liability.
6. Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
7. Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
8. Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
9. Use any device, software, or routine that interferes with the proper working of the Site.
10. Introduce any viruses, Trojan horses, worms, defects, date bombs, logic bombs, or other material that is malicious or technologically harmful to the Site.
11. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
12. Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
13. Otherwise attempt to interfere with the proper working of the Site.

TERMINATION

You may terminate these Terms of Use at any time by sending us an email at inquiries@mittenhousing.com. Upon such termination, you must cease any further use of the Site and Services. If you use the Site or Services after such termination, you will be deemed to have reaccepted and agreed to be bound and abide by these Terms of Use.

Company may terminate these Terms of Use for any reason by giving you thirty (30) days’ prior notice via email. Company may also immediately, without notice, terminate these Terms of Use if you materially breach your obligations under these Terms of Use; if you have provided inaccurate, fraudulent, outdated, or incomplete information; if you have violated applicable laws, regulations or third-party rights; or if Company believes in good faith that such action is reasonably necessary to protect Company, other website visitors, other Property guests, other third parties, or to prevent fraud or other illegal activity.Upon such termination of these Terms of Use, you must cease any further use of the Site and Services. In addition, Company may suspend your use of or access to the Site and/or Services to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body; or if you have breached these Terms of Use. In case of non-material breaches and where appropriate, you may be given notice of any measure by Company and an opportunity to resolve the issue to Company’s reasonable satisfaction. If Company takes any of the measures described in this paragraph, you may appeal such a decision by contacting us at inquiries@mittenhousing.com.

RELIANCE ON INFORMATION POSTED

It is possible that the Site could include typographical errors, inaccuracies or other errors. In the event that an inaccuracy arises, please inform Company so that it can be corrected. If you reserve a Property through a third-party service provider, Company explicitly disclaims any responsibility for the accuracy, content, or availability of information found on such third-party service provider websites.

CHANGES TO THE SITE

We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

LINKS FROM THE SITE

If the Site contains links to third-party websites, applications, services or resources (“Third-Party Services”), these links are provided for your convenience only and are not an approval or endorsement of such Third-Party Services. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over Third-Party Services, and accept no responsibility for their contents or privacy practices, or for any loss or damage that may arise from your use thereof. If you decide to access any of the Third-Party Services linked to on this Site, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies of such Third-Party Services. It is up to you to take precautions to ensure that whatever links you select or software you download from Third Party-Services are free of viruses, worms, Trojan horses, defects, date bombs, time bombs, or other items of a destructive nature.

BOOKING

If you reserve a Property directly through the Site, you will be asked to provide certain personal information such as name, phone number, email address, billing address, and payment card information. You must provide accurate, current, and complete information. The Company may utilize a third-party service provider to process any credit card transactions. Such third-party payment processing service provider(s) are subject to different terms and conditions and privacy practices, and you should review them independently. We are not responsible or liable for the services of such third-party payment processors. You authorize Company to store your payment method information, in accordance with our Privacy Policy.

BACKGROUND SCREENING

If you are located within the United States, we may, but are not obligated to, obtain background reports from consumer reporting agencies or otherwise review publicly available information about you, including sexual offender registration lists or databases compiling information about criminal convictions. Such screening is conducted for the safety and security of other guests and neighbors in the community where the Property is located. We will comply with applicable laws in accessing such information. By making a reservation with us, you authorize us to use your personal information (including name, address, date of birth, or other identifying information) to obtain these reports. You may also be required to consent to the terms and conditions of a third-party screening service provider. You agree that we may, in our sole discretion, suspend, cancel, block, restrict or terminate your access to our Services or reservations made or contemplated or any Property, based on our evaluation of such reports. In the event that the screening is not passed and the reservation is cancelled, you will be issued a full refund.

We authorize consumer reporting agencies to provide your information to various government entities and law enforcement entities as permitted by law.

You have the right, upon written request made within a reasonable time, to request whether a consumer report has been run about you and to request a copy of your report. Searches for these reports will be conducted by:

SafeRent Solutions, LLC

3001 Hackberry Rd.

Irving, TX 75063

Consumer Relations: 888-333-2413

GEOGRAPHIC RESTRICTIONS

Company is based in the United States and the Site and Services are directed to people residing in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

ARBITRATION

Any dispute arising out of or related to these Terms of Use, including, but not limited to, disputes arising out of your access to or use of the Site or Services, will be submitted for and resolved by binding arbitration before the American Arbitration Association (AAA). Both parties shall have the right in a proper case to obtain temporary restraining orders, temporary or preliminary injunctive relief and/or declaratory relief (other than declarations with respect to the amount of money damages) from a court of competent jurisdiction. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms of Use or your use of, or inability to use, the Site, any sites linked to it, or any content or services on the Site or such other sites, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms of Use. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, BOTH PARTIES ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

The arbitration proceedings shall be heard by one independent arbitrator who shall be an attorney or retired judge. The arbitration shall be held New York, New York and in accordance with the then-existing Commercial Arbitration Rules of the AAA. All matters within the scope of the Federal Arbitration Act (9 U.S.C. 1, et seq.) will be governed by it and not by any state arbitration law. Both parties waive any rights to maintain other available resolution processes for such disputes, such as a court action or administrative proceeding, to settle disputes. Both parties waive any right to a jury trial for such disputes. The rules in arbitration are different from the rules that apply in court. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in these Terms of Use, as a court would.

In reaching his or her decision, the arbitrator shall follow these Terms of Use, shall be bound to apply the applicable law and shall not rule inconsistently with the applicable law. The arbitration shall be conducted on an individual basis, and not as a consolidated, common, representative, group or class. The arbitrator shall include in his or her award any relief he or she deems proper in terms of money damages (with interest on unpaid amounts from the date due at the maximum rate allowed by law), and attorneys’ fees and costs. The award of the arbitrator shall be conclusive and binding upon all parties hereto and judgment upon the award may be entered in any court of competent jurisdiction.

Confidential. 

Other than as may be required by law, the entire arbitration proceedings (including, but not limited to, any rulings, decisions or orders of the arbitrator), shall remain confidential and not be disclosed to anyone other than the parties to these Terms of Use.

Limitations Period. 

NOTWITHSTANDING ANY OTHER STATUTE OF LIMITATIONS, ANY AND ALL CLAIMS AND ACTIONS ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, OR ANY CONTENT OR SERVICES ON THE SITE OR SUCH OTHER SITES SHALL BE COMMENCED WITHIN ONE (1) YEAR FROM THE OCCURRENCE OF THE FACTS GIVING RISE TO SUCH CLAIM OR ACTION, OR SUCH CLAIM OR ACTION SHALL BE BARRED.

Class Action Waiver. 

YOU AGREE THAT YOU WILL NOT FILE A CLASS ACTION AGAINST US OR PARTICIPATE IN A CLASS ACTION AGAINST US. YOU AGREE THAT YOU WILL NOT FILE OR SEEK A CLASS ARBITRATION, OR PARTICIPATE IN A CLASS ARBITRATION, AGAINST US.

Covenant Not To Sue Affiliates.

YOU AGREE THAT YOU WILL NOT FILE ANY ACTION OR PROCEEDING, INCLUDING, BUT NOT LIMITED TO, AN ARBITRATION OR OTHER ALTERNATIVE DISPUTE RESOLUTION PROCEDURE, AGAINST ANY OF OUR AFFILIATES IN CONNECTION WITH ANY ASPECT OF THESE TERMS OF USE OR YOUR USE OF, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, OR ANY CONTENT OR SERVICES ON THE SITE OR SUCH OTHER SITES.

GOVERNING LAW AND VENUE

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Michigan, United States, without regard to its conflicts of law rules. The exclusive jurisdiction for any dispute not covered by the terms of the Arbitration provision set forth in these Terms of Use may be filed only in the state or federal courts located in the State of Michigan, United States. You consent to and waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. The foregoing shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and this cannot be excluded by contract.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY NEGATE AND DISCLAIM ALL REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTEES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE, AS TO, CONCERNING OR WITH RESPECT TO THE COMPLETENESS, SAFETY, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE, ITS CONTENTS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE. YOU SHALL NOT SEEK RECOURSE AGAINST US OR OUR EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, OR ANY OF OUR AFFILIATES, SERVICE PROVIDERS ON ACCOUNT OF ANY LOSS, COST OR EXPENSE SUFFERED OR INCURRED BY YOU WITH REGARD TO ANY OF THE MATTERS DESCRIBED IN THE PRECEDING SENTENCE, PROVIDED THAT THE FOREGOING DOES NOT AFFECT ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTEES THAT CANNOT BE NEGATED OR DISCLAIMED UNDER APPLICABLE LAW.

WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. 

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE OR OUR EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, OR ANY OF OUR AFFILIATES, SERVICE PROVIDERS OR OWNERS OF PROPERTIES WE MANAGE, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, BE LIABLE FOR DAMAGES, COSTS OR EXPENSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO, TORT (INCLUDING CLAIMS OF NEGLIGENCE, PERSONAL OR BODILY INJURY), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, OR ANY CONTENT OR SERVICES ON THE SITE OR SUCH OTHER SITES. IF YOU PERMIT OR AUTHORIZE ANOTHER PERSON TO USE YOUR ACCOUNT IN ANY WAY, YOU ARE RESPONSIBLE FOR THE ACTIONS BY THAT PERSON.

WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO ON IT.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNTS YOU HAVE PAID FOR BOOKING PROPERTIES WE MANAGE IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE FOREGOING DOES NOT EXCLUDE ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

RELEASE

If you book a Property through a third-party service provider, you may be required to resolve disputes in accordance with such third-party service provider’s dispute resolution procedure(s). Please read the applicable terms of any such third-party service providers. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANY THIRD PARTIES RELATING TO ANY ASPECT OF THESE TERMS OF USE OR YOUR USE OF, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, OR ANY CONTENT OR SERVICES ON THE SITE OR SUCH OTHER SITES, YOU RELEASE COMPANY AND OUR EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, AND ALL OF OUR AFFILIATES, SERVICE PROVIDERS AND OWNERS OF PROPERTIES WE MANAGE, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Company and our employees, agents, officers, and directors, and all of our Affiliates, service providers and owners of properties we manage, and their respective employees, agents, officers, and directors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including, but not limited to, attorneys’ fees) arising out of or relating to your violation of these Terms of Use, or your use of the Site or Services, including, but not limited to, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site, or the infringement or violation by you or any other user of your account, of any intellectual property, privacy, or other right of any person or entity or applicable law.

WAIVER AND SEVERABILITY

The provisions of these Terms of Use shall be enforced to the fullest extent permissible under applicable law. All provisions of these Terms of Use are intended to be severable. In the event any provision contained herein is held to be invalid or unenforceable in any respect, in whole or in part, such finding shall in no way affect (i) the application of such provision to other persons or circumstances, (ii) the validity or enforceability of such provision, or the application of such provision, in any other jurisdiction, or (iii) the validity or enforceability of any other provision of these Terms of Use.

You further agree that any such invalid or unenforceable provision shall be deemed modified so that it shall be enforced to the greatest extent permissible under applicable law, and to the extent that any court of competent jurisdiction determines any provisions herein to be unenforceable in any respect, such court may limit these Terms of Use to render it enforceable in the light of the circumstances in which it was entered into and specifically enforce these Terms of Use to the fullest extent permissible.

ENTIRE AGREEMENT

These Terms of Use, our Privacy Policy and our Rental Agreement (if applicable) constitute the sole and entire agreement between you and Company regarding your use of the Site and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, between you and Company regarding the Site and Services.

YOUR COMMENTS AND CONCERNS

This Site is operated by Mitten Housing, a Michigan corporation with offices located at 928 Fulton St E, Grand Rapids, MI 49503 USA. All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: inquiries@mittenhousing.com.

DEFINITIONS

“Affiliate” means, with respect to any party hereto, any Person that directly, or indirectly through one or more intermediaries, Controls, or is Controlled by, or is under common Control with, such party hereto, whether such Person is now in existence or hereafter formed. The term “Control” means any of (A) the possession, direct or indirect, of the power to direct or cause the management and policies of a Person and (B) ownership of more than fifty percent (50%) of the capital stock of a Person or, in the case of a non-corporate Person, an equivalent interest. The term “Person” means an individual, partnership, corporation, limited liability company, unincorporated organization, association, trust, joint venture, joint stock company, a governmental agency (or political subdivision thereof) or any other entity.