HUTS Terms of Use
Hello and thank you for your interest in HUTS (“HUTS Living LLC,” “HUTS Land,” “HUTS,” “us,” “our,” or “we” (inclusively, the “Service”). By clicking a registration or new account submission button, or utilizing other services provided by HUTS Living LLC, you agree to the following terms of use, as updated from time to time (the “Terms of Use”).
1. HUTS Living LLC Objective. HUTS Living LLC may assist you in identifying a parcel of land which you may or may not consider purchasing through a realtor or real estate agency independent of HUTS Living LLC. HUTS Living LLC IS NOT and DOES NOT claim to be any of the following services or businesses: licensed real estate brokerage, real estate agency, land holding company, REIT (real estate investment trust), real estate investing platform, real estate analyst, land acquisition analyst, land development entity, lending platform, real estate attorney, professional land engineering firm, civil engineering firm, site surveyor, rental agency or property management company.
The Service IS NOT INTENDED to replace or override the professional guidance of any of the aforementioned professional services which may or may not be sought in the process of purchasing a land parcel by any individual. The information provided by HUTS Living LLC is a collection of informed assessments based on current market trends and location specific prevailing rates, which are subject to change without notice. The purpose of HUTS Land is to provide a user-friendly approach to filtering information related to purchasing land parcels in the following counties in New York State: Delaware, Sullivan, Ulster, Greene, Columbia, Dutchess. You understand and agree that HUTS Living LLC DOES NOT participate in any way in the sale of the featured land parcels. HUTS LLC DOES NOT own the parcels which are listed nor is HUTS LLC the listing broker, agent or in anyway representative on behalf of the owner of said land. HUTS LLC is utilizing nonconfidential and public information available of the featured land parcels. You will consult directly with the corresponding real estate agent for all details related to the transaction of sale.
Unless otherwise noted, all images included in land listings are from the Multiple Listing Source (MLS) or from an open source image provider. Some nature images are not from the exact parcel, but are representative of the flora and fauna that are native to that lot’s soil conditions, hardiness zone, and other local conditions.
2. Account and Registration. You must be at least 18 years of age to use the Service. To access some features of the Service, you may be required to register for an account and agree to our Terms of Use. When you register for an account you will be asked to provide us with some personal information, such as email address, phone number, or other contact information. You agree that the information you provide is accurate. When you register, you will be asked to create a password. You are solely responsible for maintaining the privacy of your account and password, and you are responsible for all actions taken via your account. You may not share your user account with others. Any unauthorized access by individuals or use of fraudulent information by the individual will result in immediate termination of the account.
3. Use of the Service. As long as you comply with our Terms of Use, HUTS Living LLC will grant you a non-exclusive, limited, revocable, personal, non-transferable license to use the Service for your own personal use. If you are a real estate professional acting in your professional capacity, you may use the Service to provide information to your clients. If you use the Service for a professional use, you represent and warrant that you have obtained all required authorizations and consents from your client. Except as expressly stated, these Terms of Use do not provide you with a license to use, reproduce, distribute, display or provide access to any portion of our Service on third-party web sites or otherwise.
4. Prohibited Use. By using the Service, you agree not to :
- Use the Service in any way that is illegal, or harms the interest, reputation or business of HUTS Living LLC, our affiliates, partners, or any other user;
- Use the Service in any way to discriminate against any individual person or class of individuals
- Use the Service to promotes illegal, racist or discriminatory actions
- Distribute or post spam or other unsolicited messages
- Impersonate another person, misrepresent your affiliation with another person or entity, or make any representation to any third party under false pretenses
- Upload viruses, worms, or other software agents to the service
Compromise the system security or integrity of the Service - Post, reproduce, or otherwise make accessible any content, which we consider illegal or offensive
- Perform automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, or any other actions with the purpose of pirating information from the Service)
- Use any of the Service to create competitive products
5. Fees and Subscriptions. You will be required to pay a fee to access certain features of HUTS Land as a subscription service.This may include a feature that will allow us to bill automatically recurring payments for periodic charges. The subscription will continue unless you cancel your subscription, or we terminate it. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic fee to your account.Unless otherwise stated, you may cancel a Subscription Service through the settings page in your account.
All fees will be in U.S. dollars and are non-refundable. If we change the fees, we will provide you advance notice of those changes. If you do not accept the changes, we may discontinue your subscription membership. Our authorized third-party credit card payment processing company will charge the payment method you specified at the time of purchase. You authorize us to charge all fees as described in these Terms of Use for the Service you select to that payment method.
6. Specified Third Party Services:
(a) Google Maps. Some aspects of the Service implement Google Maps web mapping service. Your use of Google Maps is subject to Google’s terms of use, available at http://www.google.com/intl/en_us/help/terms_maps.html, and Google’s Privacy Policy, available at https://www.google.com/intl/ALL/policies/privacy/index.html.
(b) Stripe. Your use of Stripe is subject to the Stripe Connected Account Agreement, available at https://stripe.com/us/connect-account/legal. Additionally, by using Stripe, you agree not to use Stripe (and the Services generally) for any Prohibited Business purposes, as listed at https://stripe.com/us/prohibited-businesses.
7. Intellectual Property. The Service is owned and operated by HUTS Living LLC. The user interfaces, design, information, data, code, software, graphics, and animations and all other elements of the Service that we provide are protected by intellectual property and other laws. Except as expressly allowed by these Terms of Use, you may not make use of the HUTS Living LLC Materials, and HUTS Living LLC reserves all rights to Materials and Services not granted expressly in these Terms of Use.
Intellectual Property Notices:
Certain content on the Service is provided by Eagleview geospatial software.
8. Claims of Copyright Infringement. HUTS Living LLC respects the intellectual property rights of others and requests that all participants of our Service do the same. Any person who believes that their work has been replicated on huts.nyc or HUTS Land in a way that constitutes copyright infringement may notify us in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
(a). Identification of the copyrighted work that you claim has been infringed;
(b). Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on our Service so it can be located;
(c). Your address, telephone number, and or e-mail address;
(d). A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Notices of copyright infringement claims should be sent via email to: hello@huts.nyc
12. Deactivation/Deletion/Changes to Account. You may deactivate your account at any time by selecting “deactivate account” in your account settings. If you deactivate or delete your account, you will still be obligated to pay all outstanding fees as originally agreed upon prior to termination relating to your use of the Service. We may modify, suspend or discontinue the Service without notice. We will not be liable whatsoever for any change to the Service or any suspension or termination of your access to, or use of the Service. We reserve the right to change these Terms of Use at any time. We will make all reasonable efforts to notify you of any changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use.
13. Privacy and Other Terms
A. Privacy. HUTS Living LLC will use and store personal information in order to communicate with you regarding updates to the Service and additional information related to HUTS Living LLC. We will not sell or distribute your personal information.
B. Indemnification. You agree to indemnify, defend, and hold harmless HUTS Living LLC from any and all claims resulting from: (a) your access to or use of the Service; (b) your breach of our Terms of Use; (c) your violation of any law; (d) any dispute or issue between you and a third party, including realtors; (e) your willful misconduct; and (f) any other party’s access to or use of your account and password.
HUTS Living LLC will not – in any way – be held responsible if the cost estimates and information provided as informed assessments in each listing are found to be inexact in relation to the final cost of your land purchase. You are solely responsible for seeking the professional services required to gain accurate pricing and timelines for all aspects of a land acquisition, ground work, site preparation, and construction.
You acknowledge, understand and agree that all information provided by HUTS Living, LLC is not intended to and does not substitute your obligation and duty to investigate and exercise reasonable care and due diligence into each and every land parcel. The information contained herein shall not be relied upon you in making a determination and the material contained herein is solely to be used as informational purposes only. Said information is based upon the experience of HUTS Living, LLC, market analysis, market trends and industry standards and is intended to serve as a guide to assist in your decision making. Any reliance thereof by you is exclusively at your own risk.
C. Governing Law. These Terms of Use have been negotiated, executed, made and is to be performed in the State of New York, and shall be governed and construed in accordance with the laws of the State of New York, without regard to any otherwise applicable conflicts of laws except as they may be preempted by, or in conflict with, any federal laws, rules, regulations or regulatory action. The parties agree that any action, demand, claim or counterclaim relating to the terms and provisions of these Terms of Use, or to its breach, shall be commenced in New York in a court of competent jurisdiction. The parties further agree that venue shall lie exclusively in any state court in the State of New York or any Federal District Court located in New York.
D. Severability. The invalidity, illegality or unenforceability of any particular provision or part of any provision of these Terms of Use under any applicable law shall not affect the other provisions or parts thereof, which shall remain in full force and effect, and any such invalid, illegal or unenforceable provision or part thereof shall be deemed modified to the extent necessary to make it valid, legal or enforceable under any applicable law.
14. No Warranties. HUTS Living LLC provides the service “as is” and “as available” and the entire risk as to satisfactory or acceptable quality and accuracy is with you.
15. Limitation of Liability. In no event will HUTS Living LLC be liable for any indirect, consequential, special, incidental or punitive damages (including loss of profit, goodwill or any other intangible loss) arising out of or resulting from these Terms of Use.
16. Consent to Communications. By subscribing to HUTS Living LLC, you consent to receiving certain electronic communications from us. You agree that any notices, agreements, disclosures, surveys, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
17. Contact Information. You may contact HUTS Living LLC by sending correspondence to hello@huts.nyc.