Terms of Service Agreement (T)
Last Updated: October 12, 2021
These Terms of Service (“Terms”) apply to all websites (the “Site” or “Sites”) including those Sites hosted on the domains “www.frontlobby.com” and mobile applications provided by LCB Rent Reporting Ltd., doing business as FrontLobby and/or its affiliates (“FL”, “we”, “us” or “our”) to provide information and selected functionality to interested parties (“User,” “Users” “you” or “your”) as provided on the Sites by FL (the “FL Services”) or as offered or provided by landlords, property managers, property owners or other third party service providers (the “Providers”) (the “Provider Services”).
Portions of this Site serve as a platform for Providers to provide the Provider Services. FL does not own or manage the properties listed on the Site and does not enter into rental contracts for those properties. Although the Site may lead to certain business transactions expressly agreed to between FL and Users, FL is not a party to any transactions between Users and Providers other than providing the Site. AS A RESULT, FL SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR INFORMATION, THE CONTENTS OF ANY DOCUMENTS, OR FOR ANY OTHER INTERACTIONS BY, BETWEEN OR AMONG USERS AND PROVIDERS THROUGH THE SITE.
You are responsible for how you use the Site, and FL encourages anyone who accesses the Site, including Users, to exercise sound judgment when entering into transactions. IN THE EVENT THAT YOU HAVE A DISPUTE WITH A PROVIDER, YOU RELEASE FL FROM ANY CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
1) MODIFICATION OF THIS AGREEMENT.
a) We may change, modify, add or remove portions of this Agreement (each, an “Update”) at any time and in our sole discretion without prior notice and such Updates will be effective immediately. If we make Updates to this Agreement, we will change the “Last Updated” date above. Your continued use of the Site will confirm your acceptance of the Update. We encourage you to frequently review this Agreement to ensure you understand the latest terms and conditions associated with use of the Site. If you do not agree to the Update, you must discontinue using the Site.
2) OWNERSHIP; PROPRIETARY RIGHTS.
a) You acknowledge and agree that the Site and the FL Services and Provider Services may use and contain content, information and proprietary and confidential technology owned by or licensed to FL, and protected by applicable intellectual property and other laws and international treaties (collectively, “FL Content”). The FL Content displayed on or through the Site and FL Services or Provider Services includes, without limitation, information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials is copyrighted by FL and its licensors under Canada, the United States and international copyright laws. All rights reserved. You agree not to reproduce, copy, display, store, perform, re-post, publish, transmit, distribute, sell, offer for sale, license, modify, create derivative works, or otherwise use or exploit for any commercial purposes any or all of the FL Content, the Site or access to the Site in any way without the prior written permission of FL. All content on the Site that is not FL Content is the property and responsibility of other parties. You must abide by all copyright notices, information, or restrictions contained in or attached to any FL Content. All registered and unregistered marks used in connection with the Site and the FL or Provider Services (the “FL Marks”) are trademarks, trade names, or service marks of FL unless otherwise indicated. You are not authorized to use or display the FL Marks, without the prior express written permission of FL. Ownership of all FL Marks and the goodwill associated therewith remains with FL. All other trademarks are the property of their respective owners.
3) GUIDELINES; USAGE RULES; PROHIBITED CONDUCT AND USES.
a) YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU WILL NOT ENGAGE IN THE PROHIBITED CONDUCT AND USES LISTED BELOW (THE “GUIDELINES”). YOU WILL NOT:
i) use the Site or any information displayed within the Site to stalk, harass, abuse, defame, threaten or defraud other Users;
ii) use the Site if you are under the age of eighteen (18) years old;
iii) use the Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data security and privacy, and import or export control;
iv) make unsolicited offers, advertisements, proposals, or send junk mail, to other Users of the Site. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures, surveying or requests to participate in surveys or studies;
v) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Site accounts of other Users;
vi) misrepresent the source, identity or content of information transmitted via the Site;
vii) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on use of the Site;
viii) intentionally interfere with or damage operation of the Site or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, invalid data, keyloggers, spyware, Trojan horses, time bombs, or other malicious or harmful code, or imposing an unreasonable or disproportionately large load on our infrastructure;
ix) post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially, religiously or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, harmful to minors, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
x) post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
xi) attempt to gain unauthorized access to the Site, or any part of it, other accounts, computer systems or networks connected to the Site, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
xii) hack, spam or phish FL or any Users of the Site; or
xiii) hold FL responsible for your use of the Site.
Please let us know about any inappropriate behavior that you become aware of within the Site. If you find something that violates this Agreement or these Guidelines, let us know by sending us an e-mail to firstname.lastname@example.org. We reserve the right, in our sole and absolute discretion, to deny you or anyone access to the Site without notice.
4) USAGE; CONTENT; REFUSAL OR SUSPENSION OF SERVICE.
a) FL RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO HAVE OUR SYSTEMS MONITOR ANY USER’S USE OF THE SITE. ACCORDINGLY, FL ALSO RESERVES THE RIGHT TO DISABLE ANY USER’S USE OF OR ACCESS TO THE SITE.
b) You alone are responsible for your involvement with other Users. You agree that FL will not be responsible for any loss or damage incurred as the result of any such interactions.
c) FL has no responsibility or duty to review, approve or pre-screen any content posted on the Site by any third party (including property managers and owners and other Providers), and FL is not responsible for such content. You understand that all rent payment data, property listings, lease agreements, rental terms, postings, messages, text, voice commands, images, photos, files, video, and other information, materials or documents posted on the Site or transmitted through or in connection with the Provider Services, or other Users, advertisers, or others (the “Non-FL Content”) are the sole responsibility of the Providers, Users, advertisers, or others from whom such Non-FL Content originated. FL DISCLAIMS ANY AND ALL LIABILITY RELATING TO THE USER CONTENT. FL DOES NOT GUARANTEE, AND YOU SHALL NOT HOLD FL RESPONSIBLE FOR, THE NON-FL CONTENT (INCLUDING THE ACCURACY OR TRUTH OF SUCH NON-FL CONTENT), OR THE NATURE, SAFETY, QUALITY, CONDITION, MANAGEMENT OF ANY RENTAL UNITS OR PROPERTIES ON THE SITE OR THE COMPLIANCE WITH ANY LAWS, REGULATIONS OR RULES THAT MAY BE APPLICABLE TO SUCH PROPERTIES. YOU AGREE THAT YOU BEAR SOLE RESPONSIBILITY FOR EVALUATING, AND ARE SOLELY RESPONSIBLE FOR ALL RISKS ASSOCIATED WITH, THE USE OF ANY NON-FL CONTENT, AND THAT UNDER NO CIRCUMSTANCES WILL FL BE LIABLE FOR ANY NON-FL CONTENT OR FOR ANY DAMAGE OR LOSS OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY NON-FL CONTENT.
d) FL reserves the right, but does not have any obligation, in its sole discretion, to delete or refuse to post any Non-FL Content that violates the letter or spirit of any applicable agreements between FL and the Providers, Users, advertisers, or others posting or seeking to post any content, or for any other reason.
e) You acknowledge and agree that FL provides only those FL Services as described in these Terms or as otherwise expressly provided on the Site by FL; FL does not provide, and bears no responsibility or liability for, any other content or Provider Services, including but not limited to the following:
i) Any services provided by any Provider or otherwise not expressly provided by FL;
ii) Electronic payment services, insurance, and other functionality or offerings provided by Providers;
iii) Lease transactions, including without limitation, negotiations, offers, agreements, establishing rents or fees, or any related communications (although the FL Services may facilitate these transactions);
iv) Legal, brokerage or other related professional services or advice;
v) Inspection, screening or pre-approval of rental properties;
vi) Verification, screening or pre-approval of property listings; or
vii) Evaluation, screening or pre-approval of property managers or other advertisers who post listings or other content on the Site. In the event that you desire, require, or need assistance with any such services or any other services not provided through the Site, you are solely responsible for obtaining them from a qualified third party.
f) You consent to FL contacting you by email, SMS, mail and by phone, in accordance with legislation in your jurisdiction.
g) You expressly authorize FL for the purposes of a tenant record, to retain positive Information regarding you indefinitely. Any negative Information shall be maintained by FL in accordance with local and federal legislation.
h) You understand and agree that FL is not able to guarantee that the information you or others share with FL will be used by other reporting agencies or reflected on a credit report, in a credit score, or what the impact will be on such credit report and credit score if it is.
5) ADDITIONAL REQUIREMENTS
b) In some cases, Providers may impose their own additional requirements on Users in connection with transactions and activities facilitated through the Site. Any such requirements are imposed solely by the Providers; are the sole and exclusive responsibility of the Providers imposing them; are wholly unrelated to any FL Requirements; and FL shall have no responsibility of any kind for such requirements imposed by Providers.
6) ACCOUNT REGISTRATION AND USE
a) In order to use certain features of the Site or the FL or Provider Services you will have to submit personal information and may also submit other information, materials or documents (collectively, “Information and Material”) to register and create a password-protected account (“Your Account”).
b) Your Account. You agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. FL reserves the right to delete Your Account and refuse any and all current or future use of the Site (or any portion thereof) without notice if you are found to have misrepresented your age, identity, or any other information submitted in connection with Your Account or if FL has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current. You are responsible for maintaining the confidentiality of your password, your email address and Your Account, and are fully responsible for all activities you perform in Your Account. You agree to: (i) immediately notify FL of any unauthorized use of Your Account or password, or any other breach of security, (ii) immediately change your password if you become aware that Your Account has been compromised, (iii) ensure that you fully exit from Your Account at the end of each session. You agree and acknowledge that you will only allow your Property Manager with access to the Provider Services granted by FL to utilize Your Account and that you will not disclose your password to anyone. You will be solely responsible for safeguarding your password and also for any actions you in your Account. If you lose control of your password, you may lose substantial control of your personal information and could potentially be subject to legally binding actions taken on your behalf. You further agree not to use anyone else’s password on the Site or attempt to gain access to the account of any other user, unless legally authorized to do so by FL or the said user. FL CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
d) Communications. Although FL provides a platform that allows access to certain Provider Services through which Users may communicate with various other Providers, advertisers, or other persons or entities (collectively, a “Third-Party”) (the “Communications”), FL is not involved in those Third-Party Communications and is not responsible or liable under any circumstances for the content of any Third-Party Communications, or for any absence of Communications by a Third-Party. The content of such Third-Party Communications are determined solely by the Third-Party responsible for the Communications, and not FL. FL is only responsible for the content of information issued directly by FL. You acknowledge and agree that you will address any issues or concerns about Third-Party Communications with the responsible Third-Party by contacting said Third-Party directly and not FL. FL shall not become involved in any matters pertaining to Third-Party Communications except where the issue is solely attributable to a malfunction or error occurring on the Site or in connection with the FL Services.
f) Payments. For paid products, by placing your order, you authorize us to charge your credit card or other account that you have designated for such purpose (“Payment Source”). You further authorize us to keep your membership current by automatically charging your designated Payment Source for the then current fees associated with the monthly, annual or other periodic renewal term established at the time of your initial enrollment. Your membership will continue or renew automatically and you will be charged the then current membership fee until you cancel. You agree to pay in United States of America dollars, using the Payment Source provided at the time of registration. In addition, you authorize us to attempt to automatically update your Payment Source if the information we have on file is no longer valid, and if we are successful in obtaining updated credit or debit card information, we will update your records accordingly and charge any updated Payment Source using the updated information. In the event that we are unable to charge and/or update your Payment Source, We may suspend access to such paid products. Paid products will be subject to termination with or without notice. We are not responsible for any overdraft/over-the-limit charges or bank fees triggered by your order being processed.
g) Product Cancellation and Refunds. All sales are final, and you will not be entitled to a refund once the paid product is delivered to you. You may cancel any subscription-based products at any time. To cancel your membership, please contact our Customer Service Team at email@example.com.
h) Changes To Products, Pricing and Terms. We may change the prices for our paid products at any time, with notice, and you will be charged the new price for all future purchases or renewals of such products.
i) Payments For Third Party Services. Except as expressly provided herein, any payments you submit through the Site for services provided by a Provider or a party other than FL, are determined solely by you and any other party with whom you are entering into an agreement, and not by FL. You acknowledge that you will address any discrepancies, issues or concerns with such payments by contacting the other party directly, rather than FL. FL shall not be involved in such issues except where the issue is solely attributable to a malfunction or error occurring on the Site or in connection with the FL Services. However, Users may take advantage of certain FL Services or Provider Services that have a charge associated with them, if available, that is imposed by FL or other third-party, which may or may not be a subsidiary or affiliate of FL. FL or such other company may collect these fees directly from Users as provided by the Site or the FL or Provider Services. You acknowledge these fees are subject to change. Terms specific to FL or Provider Services may set out further terms applying to such payments (including in relation to refunds (if any), billing arrangements and any consequences of failing to make timely payments). You must comply with all such terms in relation to such payments by you.
j) Third Party Agreements. Any agreements that you enter into through the Site with a third party, where supported and available, are for services provided by a Provider or another party other than FL. Although FL provides the Site as a platform for Provider Services through which Users may execute agreements and enter into binding contracts with third parties, FL is not involved in, is not liable for, and is not a party to those transactions. The terms of those transactions are determined solely by you and the Third-Party with whom you are entering into said contract, and not by FL. You acknowledge that you will address any issues or concerns with such agreements with said Third-Parties directly, rather than FL. FL shall not be involved in any issues relating to such agreements except where the issue is solely attributable to a malfunction or error occurring on the Site or in connection with the FL Services. If you choose to use the electronic signature execution functionality of the Site, where offered, you understand, acknowledge and agree that you have carefully reviewed the disclosure relating to use of your electronic signature to execute documents and will not execute such documents with your electronic signature without providing your consent to use your electronic signature. You agree that you will rely on your own legal counsel to determine the sufficiency of the electronic signature execution of the documents and their enforceability and that FL makes no warranty or other representation with respect to the sufficiency of the electronic signature execution of the documents under applicable international, national, federal, state, provincial or local laws or regulations.
k) Other Offerings. FL may choose to change the FL Services that it offers through the Sites at any time, or the Provider Services that are offered. This may include adding additional offerings, including additional functionality, or reducing the same. For example, a product may be offered, as either a FL Service or a Provider Service, denoted on the Sites.
7) INTERACTIVE AREAS
a) Use of Interactive Areas. On the Site and/or as part of the FL or Provider Services, FL may provide areas that allow for User interaction, including bulletin boards, chat areas, forums, blogs, instant messaging, frequently asked questions, or other message and communications features (the “Interactive Areas”) for posting user feedback, comments, messages or other input (“Comments”). You acknowledge that all Interactive Areas are public and not private and that any information or content, including Information and Material, that you post to an Interactive Area may be read by others and that FL has no obligation to protect such information. FL recommends that you do not post or otherwise disseminate any personally identifiable information in the Interactive Area. Additionally, you agree to post only Comments that are factual, accurate, proper, lawful, and related to the particular discussion or the Interactive Area itself. Without limitation, you may not post Comments or engage in any other activity on the Site that:
i) defames, threatens, abuses or otherwise violates the legal rights of others;
ii) is harmful to children, profane, obscene, indecent or racially or ethnically offensive;
iii) infringes another’s rights to intellectual property, publicity, or privacy;
iv) collects or stores personal information about other Site users;
v) contains advertisements, promotions, commercial solicitations, contests or surveys (unless you have our written consent to do so);
vi) contains, transmits or disseminates spam, chain letters, or information intended to assist in the placement of a bet or wager;
vii) contains, transmits or disseminates viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another’s computer, the Site, or any software, hardware or other related equipment;
viii) disrupts or otherwise interferes with the Site or the networks or servers used by FL;
ix) impersonates any person or entity or misrepresent your connection or affiliation with a person or entity; or
x) constitutes illegal activity.
b) Submissions to Interactive Areas. You understand and acknowledge that, subject and pursuant to the licenses set forth hereunder, FL may display your Comments on the Site and use them for other marketing and business activities. In addition, FL reserves the right in its sole discretion to reject use of Comments, delete Comments from the Site for any reason, and edit Comments for both content and format. FL further reserves the right to terminate your access to the Site or to any Interactive Area at any time without notice for any reason whatsoever. FL does not endorse or control the Comments or information found in any Interactive Area and, therefore, FL specifically disclaims any liability with regard to the Interactive Areas and any actions resulting from your participation in them.
8) THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS.
a) The Site may include links to other websites or services (“Third Party Websites”) solely as a convenience to Users. FL does not endorse any such Third Party Websites or the information, material, products or services contained on other linked sites or accessible through other Third Party Websites. Furthermore, FL makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through Third Party Websites. Access and use of Third Party Websites, including information, material, products and services on Third Party Websites or available through Third Party Websites is solely at your own risk.
9) USER RESTRICTIONS
a) Restrictions. You may not: (i) modify, disassemble, decompile or reverse engineer the Site; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Site to any third party or use the Site to provide time sharing or similar services for any third party; (iii) make any copies of the Site; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on use of the Site; or (v) delete the copyright and other proprietary rights notices on the Site.
10) VIOLATIONS; TERMINATION.
a) You agree that FL, if in good faith believes that you have violated any of the terms and conditions of this Agreement, may terminate your use of the Site or any portion thereof at any time. You agree that any termination of your access to the Site may have or portion thereof may be effected without prior notice, and you agree that FL will not be liable to you or any third-party for any such termination. FL does not permit copyright infringing activities on the Site, and reserves the right to terminate access to the Site, and remove all content submitted by any persons who are found to be infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies FL may have at law or in equity.
11) DISCLAIMERS; NO WARRANTIES.
a) THE SITE IS MADE AVAILABLE “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. FL, AND ITS SUPPLIERS, LICENSORS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
b) FL AND ITS SUPPLIERS, LICENSORS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
c) CERTAIN JURISDICTIONS LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
12) INDEMNIFICATION; HOLD HARMLESS.
a) You agree to indemnify, defend, and hold FL (and its affiliated companies, contractors, employees, director, officers, agents, and suppliers, licensors and partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, that arise from (i) your use or misuse of the Site generally; (ii) any violation of the rights of any other person or entity by you; or (iii) any breach or violation by you of this Agreement. FL reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with us in asserting any available defenses.
13) LIMITATION OF LIABILITY AND DAMAGES.
a) YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL FL (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS OR SUPPLIERS) BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, EVEN IF FL OR AN FL AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 13 WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
b) IN NO EVENT SHALL FL’S (OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, DIRECTORS, OFFICERS, AGENTS’, SUPPLIERS’, OR THIRD-PARTY PARTNERS’, LICENSORS’ OR SUPPLIERS’) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY OR OTHERWISE) EXCEED FIFTY U.S. DOLLARS.
c) APPLICABLE LAW IN YOUR STATE MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT FL’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR STATE.
14) BENEFIT OF THE BARGAIN.
a) YOU ACKNOWLEDGE AND AGREE THAT FL HAS OFFERED THE SITE ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH ABOVE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND FL, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND FL. FL WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.
a) You hereby release and forever discharge us (and our directors, officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to: (i) any interactions with, or act or omission of the Site; or (ii) any third party site, products, services, and links included on or accessed through the Site. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
16) DISPUTES, ARBITRATION, WAIVER OF CLASS AND JURY TRIAL
a) Notwithstanding anything in this Agreement, if a Dispute is initiated by FL, FL may bring an action in any court of competent jurisdiction or choose to use arbitration pursuant to Section 16(b).
b) For any other Dispute and arbitrations:
i) Governing Law. The laws of the State of Delaware and the federal laws of the USA applicable therein will govern this Agreement and any dispute, cause of action or claim arising out of this Agreement or the Site (“Dispute”), without giving effect to conflict-of-law principles, notwithstanding our or your domicile, residence or physical location. You hereby consent and submit exclusively to the jurisdiction of the courts of Delaware. Notwithstanding, FL may seek injunctive and other relief in any court of competent jurisdiction.
ii) Arbitration Agreement.
(1) If a dispute arises between you and FL, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly.
(2) YOU UNDERSTAND AND AGREE THAT ANY DISPUTE INITIATED BY YOU THAT ARISES OUT OF OR RELATES TO THIS AGREEMENT OR THE SITE SHALL BE SETTLED BY CONFIDENTIAL, BINDING INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, AND AS SUCH, YOU WAIVE YOUR RIGHT TO A JURY TRIAL. YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE IN OR REPRESENT A CLASS OF CONSUMERS IN SUCH DISPUTES.
(3) Resolution By Binding Arbitration. Any Dispute initiated between you and FL, or any of our subsidiaries or affiliates, arising out of or relating in any way to this Agreement or the Site shall be resolved through final, binding arbitration before a single arbitrator. This arbitration obligation applies regardless of whether the claim or dispute involves a tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. You specifically acknowledge and agree that you waive your right to bring a lawsuit based on such claims or disputes and to have such lawsuit resolved by a judge or jury.
(4) Waiver Of Class Participation. All arbitrations under this Agreement shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that this Agreement specifically prohibits you from commencing arbitration proceedings as a representative of others or joining in any arbitration proceedings brought by any other person. You also acknowledge and agree that you are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, and/or to participate as a member of a class of claimants in any lawsuit filed against us and/or related third parties. Any Dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
(5) Arbitration Procedures.
(a) Before commencing any arbitration proceedings under this Agreement, you must first present the Dispute to us by emailing firstname.lastname@example.org (Subject: Dispute), and providing all reasonably requested information. You may be required to provide us with a written statement setting forth the nature of your Dispute, identity verification, evidence and desired outcome. We shall have thirty (30) days from the receipt of all requested information to resolve such Dispute (the “Resolution Period”). If your Dispute is not resolved within the Resolution Period, you may notify us by emailing email@example.com (Subject: Arbitration Notice) that you wish to commence arbitration proceedings in accordance with the terms of this Agreement (the “Arbitration Notice”).
(b) Upon receiving the Arbitration Notice, we will attempt to decide together on a single arbitrator within 15 days after we receive the Arbitration Notice. If we do not agree to an arbitrator, we both agree to ask the Judicial Arbitration and Mediation Service (“JAMS”) to appoint a single arbitrator for us. The arbitration will be conducted by JAMS. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and Procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. The arbitration will take place by telephone or based on written submissions.
(6) All Disputes between you and FL must be resolved in accordance with this Section 16. All Disputes filed or brought contrary to this Section 16 shall be considered improperly filed.
a) Severability, Waiver. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
b) Notices. FL may provide you with notices, including those regarding changes to this Agreement, by email, regular mail or postings on the Site. You must provide notice to FL by email and regular mail using the information below.
d) Survival. Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification, as well as any other provisions which by their nature are intended to survive expiration or termination of this Agreement, do and hereby survive any expiration or termination of this Agreement or any termination of your use of access to the Site.
e) Headings; Entire Agreement. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof. The word “including” means “including without limitation”. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both you and FL, or by a change to this Agreement or the Guidelines.
f) Claims. YOU AND FL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
18) CONTACT INFORMATION.
a) FL welcomes your comments or questions. Written notices required under these Terms of Service are to be sent both via email to firstname.lastname@example.org and by mail to:
Attn: FrontLobby Legal
1900 W Gray St, Unit 130946
Houston, TX, 77019 USA