Terms and Conditions
Effective Date: December 13, 2021
Thank you for your interest in using the Kousso site and services (Kousso, Inc., collectively, the “site”, “us”, “we”). By using www.koussohome.com, registering for an account, accessing content or using any services provided by Kousso, you agree to be bound by the terms and conditions set forth in this document. We reserve the right to update the following terms and conditions from time to time which will be made effective immediately at the time of publication.
Use of Site and Services
Kousso offers services that assist you in managing and operating residences that you may own, rent, or manage. Kousso services are not intended to provide you with financial or real estate advice of any kind.
By agreeing to these Terms and Conditions and using our services, you agree that you are at least 18 years of age and to comply with all applicable laws and regulations. Complying with these Terms and Conditions shall grant you non-exclusive, non-transferable access to the Kousso site and services for personal use.
These services may not be used for commercial purposes. These Terms and Conditions do not grant any license to reproduce, distribute, display, or provide access to these materials and services unless expressly stated otherwise.
To access certain parts of the site or use certain services, you may be required to register for a Kousso account. When registering, we will ask for some personal information such as email address and name. We will also ask you to set a password for accessing your account. You are solely responsible for managing the confidentiality and all activity associated with your account. Kousso may refuse service, remove or edit accounts and content, or cancel services for any reason.
You agree that your provided information is accurate and does not violate the intellectual property or other rights of any person. You permit Kousso to send electronic communications to the provided account email address for various reasons related to your account, Kousso home profiles, reminders, promotions, and additional notices.
By using the Kousso site and services, you agree to not modify, reproduce, publicly display, sell, or otherwise make available Kousso content and services. You agree to not reverse engineer, decompile, disassemble, or attempt to develop competitive products or services through use or access to any services or portion of the site. You agree to not impersonate another person or misrepresent your affiliations or identity. You agree to not distribute, modify, remove, or use any copyrighted material or trademarks. You agree to not use Kousso services to discriminate against any individual or class of individuals or to distribute unsolicited communications. You agree to not attempt to compromise or circumvent the integrity or security of the Kousso site and services.
Fees and Subscriptions
To access certain tools and features of the Kousso site and services, you may be required to pay fees or create a subscription. In the event that we change or add fees for any component of our services, we will notify you in advance of any changes that impact your access or subscriptions. Continued use and access to tools and features that require a fee or subscription requires acceptance of the charges.
We utilize third-party payment processors to manage payments and subscriptions. By agreeing to these Terms and Conditions, you authorize us and third-party payment processors to charge your payment method the fees for access and subscriptions.
By creating a subscription to our services, you authorize us to collect periodic, recurring payments on an ongoing basis until termination of the subscription. You may cancel your subscription at any time through tools to manage your subscriptions with our third-party payment processor in your account settings.
By creating a subscription, you agree terms for refunds and credits managed by our third-party payment processor. These terms may include the absence of a refund for the remaining period or providing prorated credits to a balance managed by the third-party payment processor.
User Provided Materials
As part of Kousso services, we allow you to enter and upload information, images, and documents related to a property via a Kousso home profile. By providing any content or materials, you agree to not upload any malicious content, content that violates or infringes on the rights of others, content that contains sexually explicit or obscence images or videos, false or misleading content, or content that is offensive to any individual or groups of individuals such as groups based on race, gender, or ethnicity.
Kousso maintains the right, without obligation, to monitor, edit, or remove any user provided materials for any reason without notice. By providing materials to Kousso, you grant Kousso irrevocable, perpetual, royalty-free, non-exclusive, and fully transferable license to use, reproduce, display, edit, copy, transmit, and distribute in any form or manner user provided materials. You are solely responsible for managing provided materials through your account. Kousso is not responsible for loss, theft, damage, modification, or removal of any user provided material, and you agree to waive any legal right against Kousso and not hold Kousso liable with respect to these materials.
The Kousso site and services may include links to third-party websites, services, or materials. Third-party websites are fully responsible for their terms and services, and you may be subject to their policies for accessing their site and services. Kousso is not responsible for and you agree to not hold Kousso liable for any functions, policies, terms, information gathering, content or any effect of accessing a third-party website. You are fully responsible for accessing or using third-party websites and their services.
Kousso does not endorse or recommend any home-related products or service providers. Reference or linking to any products, services, or third-party websites does not constitute or imply endorsement by Kousso.
The Fair Housing Act makes it illegal to discriminate in transactions housing because of race, color, religion, sex, national origin, physical or mental handicaps, or family status (families with children). Kousso does not knowling accept any transactions or advertisements that discriminate based on race, color, religion, national origin, sex, disability, or familial status.
All services and content on the website, including interfaces, design, software, code, text, images, graphics, data, and all other elements are owned by Kousso and are protected by intellectual property and copyright laws. Unauthorized use of these elements is prohibited.
We respect intellectual property rights. If you believe your work has been copied or reproduced in a way that violates intellectual property rights, please notify us at firstname.lastname@example.org
. When notifying of copyright concerns, please identify the copyrighted work you claim has been infringed, identify the material you believe needs to be removed, and your contact information so that we may contact you about the complaint.
Kousso may at any time and for any reason, without notice, suspend, deactivate, or terminate your account and home profiles. Violating these Terms and Conditions shall automatically terminate your permission to utilize the Kousso site or any of our services.
You represent and warrant that your user provided materials are accurate, do not infringe on any intellectual property rights or any other rights of any third party, P Rights, rights of privacy or publicity, or any other rights of any third party, and do not violate any these Terms and Conditions.
You agree to indemnify, defend, and hold harmless Kousso, their affiliates, and their respective directors, officers, employees, and agents from any and all claims and demands made by you or any third party arising out of or relating to your use of the Kousso website or services or breach of these Terms and Conditions.
THE SERVICES ARE PROVIDED BY KOUSSO ON AN “AS IS” BASIS, AND YOUR USE OF THE SERVICES ARE AT YOUR OWN RISK. KOUSSO MAKES NO WARRANTY THAT THESE SERVICES WILL PROVIDE UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. KOUSSO MAKES NO WARRANTIES, EXPRESSLY STATED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT. YOU ASSUME ALL RISK FOR ANY DAMAGE OR LOSS THAT MAY RESULT FROM YOUR USE OF THE SERVICES.
Limitation of Liability / Exclusion Remedy
IN NO EVENT WILL SHALL KOUSSO OR ANY OF ITS AFFILIATES OR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR RESULTING FROM THESE TERMS AND CONDITIONS OR YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE SERVICES OR ANY MATERIALS ON THE SERVICES. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT, KOUSSO SHALL NOT BE LIABLE UNDER THIS AGREEMENT OR ANY ANCILLARY AGREEMENT FOR ANY DAMAGES OF ANY KIND, WHETHER INCIDENTAL, CONSEQUENTIAL, INDIRECT, GENERAL, SPECIAL, PUNITIVE, EXEMPLARY, REMOTE, SPECULATIVE OR OTHERWISE. YOU ACKNOWLEDGE THAT YOUR USE OF THE KOUSSO WEBSITE AND SERVICES IS AT YOUR SOLE RISK. YOUR EXCLUSIVE REMEDY TO ANY DISSATISFACTION WITH ANY THE WEBSITE, ITS CONTENT, SERVICES, OR THESE TERMS AND CONDITIONS IS TO DISCONTINUE YOUR USE OF THE KOUSSO SITE AND SERVICES.
Choice of Law / Disputes
These Terms and Conditions are governed by the laws of the State of North Carolina. You agree that the exclusive forum and venue for any legal action arising out of or related to these Terms and Conditions, shall be the federal or state courts of Mecklenburg County, North Carolina and you submit to the personal jurisdiction and venue of those courts.
Consent to Communication
We welcome your feedback. To provide feedback regarding the Kousso website or services, please send your comments to email@example.com
. If you choose to provide any suggestions to Kousso, you hereby grant Kousso an irrevocable, unrestricted, non-exclusive, and royalty-free right to use or act on the provided information in any manner and for any purpose.