PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS. BY AGREEING TO THESE TERMS OF SERVICE, YOU ARE AGREEING THAT ANY DISPUTES BETWEEN YOU AND US WILL BE ARBITRATED ON AN INDIVIDUAL BASIS. YOU SHOULD UNDERSTAND HOW THE LAWS WORK IN YOUR CITY AND STATE. YOU SHOULD REVIEW YOUR LOCAL LAWS BEFORE LISTING A SPACE ON OUR WEBSITE.
This Website is operated by iVANZiPOP, LLC ("we/our/us"). "You/your" means you as a user of the Website. “User” means all users of this Website. “Website” means the website currently housed at www.retaillinx.com and any URLs that may supplement or replace the same, and any other associated websites and any and all associated mobile applications. We offer the Website, including all information, tools and services available from the Website, to you conditioned upon your acceptance of all the terms, conditions, policies and notices stated here and contained throughout the Website. If you are using the Website, you are contracting with us with respect to your use of the Website. Certain areas of the Website (and your access to or use of certain aspects of the Services) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific usage of the Website, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Website or those Services.
We provide a real estate subleasing portal, whereby: (a) retail space owners or lessees (“Retailers”) may list their retail space(s) for lease or sublease for short or long term use; (b) owners of a property (“Landlords”) may list their properties, or portions thereof, for lease for short or long term; (c) brokers and real estate agents (“Brokers/Agents”) may list available retail space for short or long term lease; (d) various entrepreneurs, individuals and vendors (“Leasing Members”) may use the Website to search for and lease/sublease available retail and event space; and (e) Leasing Members may use the Website to contact and communicate with each other for the purpose of “partnering up” to lease or sublease Property and for other types of brand cross-promotion (collectively, (a), (b), (c), and (d) are referred to herein as the “Services”) By using the Website, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Website and Services and all Content (defined below), and constitute a binding legal agreement between you and us. Failure to use the Website in accordance with these Terms may subject you to civil and criminal penalties.
YOU UNDERSTAND AND AGREE THAT WE ARE NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN RETAILERS, LANDLORDS, BROKERS/AGENTS AND/OR LEASING MEMBERS, NOR ARE WE A REAL ESTATE BROKER, AGENT OR INSURER. WE HAVE NO CONTROL OVER THE CONDUCT OF RETAILERS, LANDLORDS, BROKERS/AGENTS AND/OR LEASING MEMBERS, OR ANY OTHER USERS OF THE WEBSITE AND SERVICES OR ANY PROPERTIES LISTED ON OUR WEBSITE, AND WE DISCLAIM ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
We reserve the right, at our sole discretion, to modify the Website, Services, or these Terms at any time and without prior notice. If we modify these Terms, we will post the modification on the Website or provide you with other notice of the modification. We will also update the “Last Updated Date” at the bottom of these Terms. By continuing to access or use the Website or Services after we have posted a modification on the Website or have otherwise provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Website and Services.
In order to access certain features of the Website, such as creating a Listing, contacting another member regarding a Listing, viewing a Property, entering into a lease or sublease agreement for a Property, or searching for other Leasing Members with whom you may join up for leasing or subleasing a Property, you must register to create an account (“Retail Linx Account”) and become a Member. You may register for a Retail Linx Account directly via the Website or as described in this section.
You may also register for a Retail Linx Account by logging into your account with certain thirdparty social networking sites (“SNS”) (each such account, a “Third-Party Account”), via our Website. As part of the functionality of the Website, you may link your Retail Linx Account with certain Third-Party Accounts by following the instructions on the Website or on the Third-Party Account for doing so and by either: (i) providing your Third-Party Account login information to us through the Website; or (ii) allowing us to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. If you choose to link your Third-Party Account with your Retail Linx Account, you represent that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating us to pay any fees or make us subject to any usage limitations imposed by such third-party service providers. By granting us access to any Third-Party Accounts, you understand that we will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Website via your Retail Linx Account and your Retail Linx Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose, and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Retail Linx Account on the Website. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRDPARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and we are not responsible for any SNS Content. We will create your Retail Linx Account and your Retail Linx Account profile page for your use of the Website based upon the personal information you provide to us or that we may obtain via your Third-Party Accounts should you choose to link any Third-Party Accounts with the Website.
If you are a Retailer or Landlord, you may not have more than one (1) active Retail Linx Account per Property. If you are a Broker/Agent, you may not have more than one (1) active Retail Linx Account, but you may list all of your Properties through your Retail Linx Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate your Retail Linx Account and your access to the Website at our sole discretion. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Retail Linx Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Retail Linx Account of which you become aware.
As a Listing Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Property to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Property as well as any related rules and financial terms for the Property. In order to be featured in Listings via the Website, all Properties must have valid and verifiable physical addresses. Listings will be made publicly available via the Website. Leasing Members will be able to contact Listing Members through the Website to schedule viewings, discuss the specific terms of a lease, ask questions about the Property, and engage in communications through the Website regarding the Property. Members may also choose to use Retail Linx’s online payment processing to pay for the leasing of a Property as described herein. Each Listing Member acknowledges and agrees that he/she/it is/are responsible for any and all Listings posted by the Listing Member. As a Listing Member, you represent and warrant that any and all Listings you post, and the leasing/subleasing of any and all Properties by a Leasing Member: (i) will not breach any agreements you have entered into with any third parties; (ii) will be in compliance with all applicable laws (such as zoning laws and laws governing leases and subleases of commercial properties), tax requirements, and rules and regulations that may apply to any Property included in a Listing you post (including having all required permits, licenses and registrations); (iii) will not conflict with the rights of any third parties; and (iv) if you are not the owner of the Property, will be done with full consent of the owner of the Property.
We reserve the right, at any time and without prior notice, to remove or disable access to any Listing at our sole discretion, including, but not limited to, Listings that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or our thencurrent policies, or otherwise harmful to the Website or any of our Users.
You understand and agree that we do not act as a broker, insurer, or your contracting agent. If a Leasing Member agrees to lease or sublease your Property, any agreement you enter into with such Leasing Member is between you and the Leasing Member, and we are not a party thereto.
When you create a Listing, you may also choose to include certain requirements that must be met by the Leasing Members, including, but not limited to, requiring Leasing Members to have certain credit scores and/or undergo a background check in order for the Leasing Member to view or lease your Property. We are not responsible for checking or verifying any such information from potential Leasing Members.
Using “Collab” as a Leasing Member
As a Leasing Member, you may use our Collab feature to find other Leasing Members with whom you may wish to join in leasing or subleasing a Property for a pop-up or creating other types of brand cross-promotions. To create a listing in Collab, you will be asked a variety of questions about your brand and the type of other brand with which you would like to join, including, but not limited to, your budget, your preferred location, and your products. This information will be made available to other Leasing Members using our Collab feature. Leasing Members will be able to contact other Leasing Members through the Website discuss the specific terms of a collaboration.
Each Leasing Member acknowledges and agrees that he/she/it is/are responsible for any and all information provided to the Website. As a Leasing Member using Collab, you represent and warrant that any and all information you post: (i) will be accurate and truthful: (ii) will not breach any agreements you have entered into with any third parties; (iii) will be in compliance with all applicable laws; and (iv) will not conflict with the rights of any third parties.
We reserve the right, at any time and without prior notice, to remove or disable access to the Collab feature of our Website at our sole discretion, including, but not limited to, Leasing Member information or listings that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or our then-current policies, or otherwise harmful to the Website or any of our Users.
You understand and agree that we do not act as a broker, insurer, or your contracting agent. If you and another Leasing Member agree to lease or sublease a Property, cross-promote your respective products, or enter into any other kind of business or personal agreement, all such agreements you enter into with such Leasing Member are between you and the Leasing Member, and we are not a party thereto.
We are not responsible for checking or verifying any information from Leasing Members, and we make no representations or warranties with respect thereto.
We do not endorse or independently verify any Member, brand, or Property. You understand that any images posted by a Member are not posted or verified by us. Members are required by these Terms to provide accurate information, but we do not make any representations about, confirm, or endorse any Member, brand, or Property.
We do not and cannot guarantee that any Member, brand, or Property is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact, interact with, or make any agreements with via the Website. We therefore strongly recommend that you always exercise due diligence and common sense when deciding whether to meet another Member in person, view a Property, enter into a lease or sublease, enter into a cross-promotion arrangement, or have any other interaction with any other person. We are not responsible for any damage or harm resulting from your interactions with other Members or any person you may meet or contact via the Website.
You agree that all disputes between you and any other Member or any other party regarding the Website, a Listing, a Property, a lease/sublease, a brand cross-promotion or “partnering up”, or otherwise will be handled solely between you and such other Member, and we will not be involved with any such disputes , except as set forth herein.
We will use our reasonable efforts to attempt to resolve any disputes you may have with another Member only if you used our Website payment services regarding a Listing or a Property, and only if you have used your best efforts to attempt to resolve such dispute on your own. If you used our Website payment services and have been unable to resolve your dispute with another Member, please contact us at firstname.lastname@example.org with a brief description of your dispute and the efforts you have made to attempt to resolve the dispute. We will use our reasonable efforts to resolve any such disputes, but we cannot guarantee that we will be able to do so.
By using the Website and our Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Member or other third party who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from us with respect to such actions or omissions of other Members or third parties.
Errors and Inaccuracies
We strive to provide complete, accurate, up-to-date information on the Website. Unfortunately, despite those efforts, human or technological errors may occur. The Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice.
You acknowledge that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display, and the images contained within Listings may not accurately reflect the actual colors, spacing, and overall look of Properties offered on the Website.
Users may view and peruse Listings without creating a Retail Linx Account at no charge; however, in order to contact a Listing Member or use our Collab feature, a User must create a Retail Linx Account and become a Leasing Member. There is no charge to create a Retail Linx Account and become a Leasing Member.
As a Listing Member, when you create a Retail Linx Account, you will be asked to provide a credit card, which will be processed through our payment processing system. You will pay a membership fee depending upon the nature of your membership (whether as a Retailer, Landlord, or Broker/Agent) that will be specified on the Website when you create your Retail Linx Account (“Membership Fee”). Membership Fees are payable in advance and will allow you a three (3) month membership as a Listing Member (“Listing Membership Period”). Your credit card will be charged for the first Listing Membership Period at the time you create your Retail Linx Account, and your credit card will be automatically charged the Membership Fee for additional Listing Membership Periods unless you cancel your membership prior to the start of any subsequent Listing Membership Period. Within fourteen (14) days after the start of any Listing Membership Period, you may cancel a Listing Membership Period and receive a refund of the Membership Fee for that Listing Membership Period only if you have not leased any Properties during that time; thereafter, the Membership Fees are non-refundable. Your membership may also entitle you to enhanced or promoted Listings or other types of advertising and promotional services (“Enhanced Services”). If you wish to utilize any of our Enhanced Services, you agree to pay the fee associated therewith through our payment processing system. The fees for Enhanced Services are non-refundable.
As a Leasing Member, you have the option of using our online payment processing system to pay for any lease that you enter into for any Property. We will receive a ten percent (10%) service fee for any lease payment made through our payment processing system (“Retail Linx Fee”). The Retail Linx Fee will be paid by the Leasing Member unless stated otherwise in a Listing. It is your responsibility as a Leasing Member to confirm that the Property is as described in the Listing at least 24 hours prior to using the Property. If we do not hear from you within this time, we will pay the Listing Member the agreed upon lease or sublease amount.
If a Listing Member cancels a Listing after we process your payment, or the Listing Member is unable or unwilling to provide a lease or sublease for the Property to you, you will be issued a refund to your credit card for the full amount charged for that Property lease, including the Retail Linx Fee. If a Leasing Member cancels a lease or sublease after payment but prior to 24 hours before the Leasing Member is to utilize the Property, the Leasing Member will be issued a refund for the amounts charged to the credit card on file, less any cancellation fees or other penalties for cancellation set forth in the Listing, but the Retail Linx Fee shall be non-refundable.
See our Cancellation Policy and Financial Terms for more information on your Retail Linx Account here.
Payment Processing Errors
We will take steps to rectify any payment processing errors of which we become aware. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
Tax regulations may require us to collect appropriate tax information from Listing Members, or to withhold taxes from payouts to Listing Members, or both. You as a Listing Member are solely responsible for keeping the information in your tax forms current, complete and accurate.
You as a Listing Member understand and agree that you are solely responsible for determining (i) your applicable tax reporting requirements, and (ii) any taxes that should be included, and for including taxes to be collected or obligations relating to applicable taxes in Listings. You are also solely responsible for remitting to the relevant authority any taxes included or received by you. We cannot and do not offer any tax-related advice to any Members.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority”) where your Property is located may require Taxes to be collected by Listing Members from Leasing Members, or you may be required to pay taxes on monies you receive from Leasing Members and/or us. Members are solely responsible for all such taxes.
You agree that we may seek additional amounts from you in the event that the taxes collected or remitted are insufficient to fully discharge your obligations to any Tax Authority.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Website and Services. In connection with your use of the Website and Services, you shall not and you agree that you will not:
We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law.We may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against us or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of us, our users, Members, or members of the public. You acknowledge that we have no obligation to monitor your access to or use of the Website or to review or edit any Member Content, but have the right to do so for the purpose of operating and improving the Website (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. We reserve the right, at any time and without prior notice, to remove or disable access to any Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Website, to us, or to any other party.
The Website and Retail Linx Content are protected by copyright, trademark, and other laws of the United States. You acknowledge and agree that the Website and Retail Linx Content, including all associated intellectual property rights, are the exclusive property of us and/or our licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website.
You hereby grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royaltyfree license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit all Member Content on, through, by means of or to promote or market the Website and Services. We do not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your own Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Website. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Website, or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or our use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary, personal, or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Website may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Website and Services (“Feedback”). You may submit Feedback by emailing us at email@example.com. You acknowledge and agree that all Feedback will be our sole and exclusive property, and you hereby irrevocably assign to us and agree to irrevocably assign to us all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
We respect copyright law and the rights of others, and expect our users to do the same. It is our policy to terminate the Retail Linx Accounts of Members who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
If you believe your rights are infringed or violated by anything on the Website, please notify us by sending an email notification to the following address: conatact@Retail Linx.com In order for us to more effectively assist you, the notification must include all of the following:
Suspension, Termination and Retail Linx Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel the Website, the Services and/or your Retail Linx Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (i) your Retail Linx Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Website, Services, your Retail Linx Account, your Member Content, or receive assistance from our customer service; (ii) any Listings will be immediately terminated; (iii) we may communicate to you that a Listing has been cancelled; (iv) we may refund monies paid by you in full through our payment processing system regardless of preexisting cancellation policies, (v) we may contact you to inform them about potential alternate Properties that may be available on the Website; and (vi) you will not be entitled to any compensation for Listings that were cancelled as a result of a suspension, deactivation or termination of the Website or your Retail Linx Account.
You may cancel your Retail Linx Account at any time via the “Cancel Account” feature of the Website. Please note that if your Retail Linx Account is cancelled, we do not have any obligation to delete or return to you any Content you have posted to the Website including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE WEBSITE OR SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT HAVE AN OBLIGATION TO CONDUCT CREDIT OR BACKGROUND CHECKS ON ANY MEMBER OR VERIFY ANY PROPERTY LISTING, BRANDS, OR MEMBER CONTENT. THE WEBSITE AND SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS, THE PROPERTIES, ANY LEASES/SUBLEASES, OR ANY OTHER ARRANGEMENTS YOU MAKE WITH ANY OTHER MEMBERS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, PROPERTY, OR BRANDS, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE WEBSITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE WEBSITE, SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE. YOU UNDERSTAND AND ACKNOWLEDGE THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE WEBSITE OR TO REVIEW OR VISIT ANY PROPERTIES. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE WEBSITE, THE BRANDS OF ANY USERS OF THE WEBSITE, OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE WEBSITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON, REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY US OR THROUGH THE WEBSITE. WE EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY MEMBER OR ANY OTHER THIRD PARTY.
FOR NEW JERSEY RESIDENTS OR NEW JERSEY TRANSACTIONS, PLEASE REFER TO THE NOTICE FOR NEW JERSEY USERS AND TRANSACTONS BELOW.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE, SERVICES, YOUR LISTING OR LEASING OF ANY PROPERTIES VIA THE WEBSITE, AND ANY BUSINESS ARRANGEMENTS OR CONTACT YOU HAVE WITH OTHERS, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PROPERTIES OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE WEBSITE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, OR FROM YOUR LISTING, LEASING/SUBLEASING OF ANY PROPERTY, OR ANY AGREEMENTS YOU MAKE WITH OTHER USERS VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE WEBSITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, FROM THE LISTING OR LEASING/SUBLEASING OF ANY PROPERTY VIA THE WEBSITE, OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE AND IN CONNECTION WITH ANY LEASING/SUBLEASING OR INTERACTIONS OR BUSINESS ARRANGEMENTS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR LEASINGS/SUBLEASINGS VIA THE WEBSITE AS A LEASING MEMBER IN THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A LISTING MEMBER, THE AMOUNTS PAID BY US TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
FOR NEW JERSEY RESIDENTS OR NEW JERSEY TRANSACTIONS, PLEASE REFER TO THE NOTICE FOR NEW JERSEY USERS AND TRANSACTONS BELOW
You agree to release, defend, indemnify, and hold us and our affiliates and subsidiaries, and their respective officers, directors, employees, agents, licensees, successors and assigns, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your access to or use of the Website or Services or your violation of these Terms; (ii) your Member Content; (iii) your interaction with any other Member; (iv) your leasing/subleasing of a Property; (v) your creation of a Listing; (vi) the use, condition or leasing/subleasing of a Property, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a viewing, leasing/subleasing or use of a Property; and (vii) your business arrangements with other Members.
For New Jersey residents or New Jersey transactions, please refer to the Notice for New Jersey Residents and Transactions below.
If you engage with anyone who you feel is acting or has acted inappropriately or in a threatening or dangerous or potentially threatening or dangerous manner, you should immediately report such person to the appropriate law enforcement authorities and then to us by contacting us with your police station and report number at firstname.lastname@example.org; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
You may not assign or transfer these Terms or your Retail Linx Account, by operation of law or otherwise, without our prior written consent, which we may withhold at our sole discretion. Any attempt by you to assign or transfer these Terms or your Retail Linx Account, without such consent, will be null and of no effect. We may assign or transfer these Terms, or any portion thereof, at our sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Notices Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by us (i) via email (in each case to the address that you provide) or (ii) by posting to the Website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by us (i) via email (in each case to the address that you provide) or (ii) by posting to the Website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms will be interpreted in accordance with the laws of the State of New York and the United States of America, without regard to its conflict-of-law provisions.
By visiting the Website or using the Services, you agree that, except as otherwise specified herein, the laws of the State of New York without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between us or any of our affiliates regarding your visit and use of the Website and Services.
We and you agree that in the event of any dispute, the party wishing to address the dispute must contact the other party in writing, including by e-mail, and advise the other party of the dispute in reasonable detail as well as informing the other party of the remedy being sought. We may send you notices via the email address or physical address you provide to us, and all notices to us shall be sent to the following email address: email@example.com. The parties shall then make a good faith effort to resolve the dispute before resorting to more formal means of resolution. In the event that the dispute is not resolved within thirty (30) days of receipt of the written notice, the party raising the dispute may proceed to mandatory arbitration as set forth below.
ANY AND ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to these Terms, including with respect to the interpretation of any provision of these Terms or other agreements between you and us, or concerning the performance or obligations of you and us, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its Commercial Arbitration Rules at the request of either us or you pursuant to the following conditions:
Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will conducted at a JAMS facility in your area or at a JAMS facility in New York City.
Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.
Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Service, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.
Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.
Costs and Fees. You will be subject to a filing fee, set by JAMS, to initiate the arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration, and we will remain responsible for its share of costs, expenses and fees plus any costs, expenses and fees required under JAMS procedures.
Litigation. The Federal Arbitration Act and federal arbitration law apply to these Terms. Either party also may, without waiving any remedy under these Terms, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy). The parties also agree that either party may bring suit in a court, located in New York County, New York to enjoin infringement or other misuse of intellectual property rights.
Other. The Federal Arbitration Act and federal arbitration law apply to these Terms. Both you and we expressly waive any ability to maintain any class action proceedings in any forum. Any arbitration, claim or other proceedings by or between you and us shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, each party waives any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Notice for California Users
Under California Civil Code Section 1789.3, residents of California who use this Website are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445- 1254 or (800) 952-5210, or by email at firstname.lastname@example.org.
Notice for New Jersey Users and Transactions
Any disclaimer, limitation of liability, indemnification or damages provisions contained herein shall apply to New Jersey residents or New Jersey transactions only to the extent permitted by New Jersey law or New Jersey public policy.
The failure of us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms, please contact us, at email@example.com.