Last Updated: October 12, 2021
The use of any services, which require payment to access, as well as any free trials (“Paid Services”) shall be subject to the Paid Services section of this agreement.
Violation of any of the terms below will result in the suspension or termination of your account without a right to any refund if you have subscribed to any Paid Services.
You agree that you, as an individual as well as the party who employs you or otherwise authorized your access to the Services under a separate agreement with FL are each jointly and severally responsible for all activities that occur under your user account.
You agree not to use the account, username or password of another user at any time or to do anything else that might jeopardize the security of your or another user’s account.
You agree to notify us immediately of any unauthorized use of your account. If we have reasonable grounds to suspect violation of these terms or that registration information you have provided is untrue, inaccurate, outdated, or incomplete, we may terminate your account without refund and refuse current or future use of any or all of the Services. We are not responsible for any loss or damage to you or any third party that may be incurred as a result of any unauthorized access and/or use of your account, or otherwise.
You, as an individual, as well as the party who employs you or has otherwise authorized you to access the Services under a separate agreement with FL, will be responsible for maintaining the security of your account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of your personal account and any of your uses or misuses of the responsible organization’s account.
DESCRIPTION OF OUR SERVICES
The Paid Services provide features that may or may not be available in the free version of our Services. Unless otherwise agreed in writing, the Paid Services will be governed by the following terms. For Paid Services, you or the party who has authorized you to access the Service agree to pay us the applicable subscription fee until the expiration of the agreed upon term (monthly or annual) or cancellation of your subscription in a manner agreed upon with us. Unless otherwise specified in a mutually executed Agreement with you or the party authorizing you. Add on services are available a la carte and are billed monthly in arears. Your subscription will automatically renew for the subscription period you choose (e.g., monthly or annual) unless you update account settings at least thirty (30) days prior to the expiration of the subscription period. All subscription fees are earned in full when paid and are not refundable. You shall be responsible for, and shall pay FL for all applicable taxes, duties or charges or any kind, including but not limited to sales and use tax, which may be levied upon either party in connection with the service delivered to you in this agreement. We will not issue refunds or credits for partial periods of service, upgrade/downgrade refunds, or refunds for unused time with an open account. To treat everyone equally, no exceptions to this practice will be made.
We may change the prices for our Paid Services at any time, without notice, and you will be charged the new price for all future purchases or renewals of such products.
You may cancel any subscription-based Paid Services at any time. To cancel, please contact our Customer Service Team at email@example.com.
You confirm that you are a landlord, property manager, or equivalent and agree to use the Services only in connection with a proper purpose for a legitimate rental real estate business.
For greater clarity, you agree that you will not use any information obtained through the Services for employment screening purposes.
You agree that you are disclosing personal information: a) in order to ensure payment of a debt owed to you or your organization; OR b) to prevent or stop fraud; OR c) with the consent of the individual you are sharing personal information about to disclose to FL; OR d) and using the Services for the purpose and intent of providing or acquiring tenancy which the individual has requested; OR e) and providing an accurate, truthful, and factual reference of your experience with an individual or entity for purposes related to an investigation or a proceeding; OR f) and using such information and the Services for your internal management purposes.
You understand and agree that FL is not able to guarantee that the information you or others share with FL will be used by 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.
You agree to only report accurate, truthful, and factual information and keep such information up to date on a regular basis and to update it when such information changes. You are aware that the individuals that you report information about, will be made aware that you reported such information as will others who are able to access such information.
You acknowledge that reporting inaccurate information may have negative repercussions for the relevant individual. Such negative repercussions may include but are not limited to difficulty securing tenancy and impacted credit reports and scores. You accept full liability and hereby hold FL harmless for the impacts of inaccurate information reported by you.
You will only use the tenant screening features of the Services for individuals who are applying for tenancy with you or are already a tenant and that you have written consent from to access their information. You are aware that searches of records through the Services are recorded and available to the searched party and others.
The decision whether to rent to a tenant is solely your responsibility. FL makes no recommendation or opinion to you as to whether you should rent to anyone.
You consent to the collection of personal information by FL for the purpose of creating, maintaining, and updating a credit report and for such information to be disclosed to and used by landlords, property managers and others for assessing suitability for tenancy, collecting debts, credit grantors assessing suitability for credit, and credit reporting agencies including but not limited to those commonly known as Equifax, TransUnion, Experian, Landlord Credit Bureau to use in the creation of other credit reports.
You consent to FL contacting you by email, SMS, mail and by phone, in accordance with legislation in your jurisdiction.
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.
CANCELLATION AND TERMINATION
Upon cancellation of any account, all of the content you have created and posted through the Services (“User Content”) may be immediately deleted and may not be recovered once your account is cancelled. We do not accept any liability for loss of your User Content due to cancellation of your account. If you cancel the Service before the end of your current paid up subscription period (e.g. monthly, annually, or multi-year), your cancellation will immediately take effect and you will not be charged again after the then current subscription period has ended, but there are no pro-rations to your paid license for the period that you terminated early.
We further reserve the right to disable or deactivate unpaid accounts. In the event of such termination, all data associated with such an account may be deleted. We are not obligated to provide you prior notice of such termination.
CONDUCT WHEN USING THE SITE AND SERVICES
Your use of the Services is subject to all applicable laws and regulations, as well as the applicable terms of any third party integrated with our service, and you are solely responsible to ensure that your use of the Services complies therewith. Please pay close attention to any third party terms that you have agreed to, including those posted within third party services. Your use of the Services is at your sole risk and is provided on an “as is” and “as available” basis. You must not modify, adapt or hack the Services or modify another website so as to falsely imply that it is associated with the Services or FL. You will not reproduce, duplicate, copy, sell, resell, compete with for a period of one year after the date of your last use of the Services, or exploit any portion of the Services, use of the Services, or access to the Service without the express written permission by FL. You may not overwhelm the Site or Services by using significantly more bandwidth than other customers, which in our sole discretion, degrades the reliability, speed, or operation of the Site, Services or any underlying hardware or software thereof. The Services may not be used in connection with promoting anything, which in FL’s sole discretion is, harmful, hateful, obscene, or unlawful. You must not use the Site or Services to transmit any worms, viruses or any code of a destructive nature.
Any intellectual property rights that you have with respect to any User Content you store on our Services, or which you may deliver to us for use in connection with the Services (which for purposes of this Content Rights section is hereby included in the definition of User Content) remains yours. You grant us a non-exclusive, world-wide, fully-paid up, sub-licensable, transferable, limited license to access, copy, modify, use, distribute, store, transmit, reformat, list information regarding, edit, translate, make derivative works of, publicly display and publicly perform such User Content to the extent needed to provide our Services. The license you grant us is non-exclusive (meaning you are free to license your User Content to anyone else in addition to FL), fully-paid and royalty-free (meaning that we are not required to pay you for the use of the User Content that you post), transferable and sub-licensable (so that we are able to use our affiliates, partners and subcontractors to provide the Services), and worldwide (because the Internet and the Services are global in reach).
All intellectual property rights to content created by us, whether or not it was made available to you or published for you pursuant to the Services or otherwise, to the extent that it is not User Content is strictly ours (“FL Content”). We grant you a limited, non-exclusive (meaning we are free to license our FL Content to anyone else in addition to you), non-transferable and non-sub-licensable license to access, modify, use, transmit, reformat, and edit the FL Content to the extent needed solely using the Services.
You are solely responsible for your User Content and the consequences of its transmission. You are further responsible for ensuring that you do not make any private content publicly available in violation of anyone’s privacy or confidentiality rights. Any third party content that you may receive through the use of the Services from your customers or otherwise is provided to you via the Services is provided AS IS for your information and personal use only and you agree not to use or otherwise exploit such content for any purpose without the express written consent of the person who owns the rights to such content. We make no warranties, express or implied, as to the third party content or to the accuracy or reliability of the third party content or any material or information that you receive through our Services.
By posting User Content through the Services, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- impersonates any person or entity, including any of its employees or representatives.
While you retain all of your pre-existing rights in the User Content, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such materials for any purpose regardless of the form or medium (now known or not currently known) in which it is used, including but not limited to, display through the Services, and display on the Site for the purpose of demonstrating how our Services can be used. You shall be solely responsible to make and retain any copies of the User Content you need for your purposes before your account is terminated.
The software that runs the Services and look and feel of the Services is a copyright. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from FL.
PLATFORM & SOFTWARE RIGHTS
Except as expressly set forth herein, FL alone will retain all intellectual property rights relating to the Platform or the Software, as well as any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Platform and/or the Software, which are hereby assigned by you to FL.
RIGHT TO ANNOUNCE OUR RELATIONSHIP
You will have the right to disclose your use of our Services but not the terms or specifics (including pricing terms) of your relationship with us, unless we approve such disclosure in writing prior to such disclosure.
DISCLAIMER OF WARRANTIES
ALL MATERIALS, CONTENT, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
You expressly understand and agree that FL shall not be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if FL has been advised of the possibility of such damages), resulting from any cause including: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE TOTAL LIABILITY OF FL, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, WILL NOT EXCEED THE LESSER OF TEN THOUSAND DOLLARS ($10,000) OR THE AGGREGATE OF THE FEES PAID TO FL HEREUNDER IN THE TWELVE MONTH PERIOD ENDING ON THE DATE THAT A CLAIM OR DEMAND IS FIRST ASSERTED, WHICHEVER IS LESS. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You understand that FL uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services and FL is not responsible for the shortcomings of any such third parties.
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 actual attorneys’ fees, that arise from (i) your use or misuse of the Site or Services; (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 our own 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.
DISPUTES, ARBITRATION, WAIVER OF CLASS AND JURY TRIAL
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 the following terms.
For any other Dispute and arbitrations:
Governing Law. The laws of the Province of British Columbia and the federal laws of Canada 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 British Columbia. Notwithstanding, FL may seek injunctive and other relief in any court of competent jurisdiction.
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.
YOU UNDERSTAND AND AGREE THAT ANY DISPUTE INITATED 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.
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.
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.
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”).
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 British Columbia International Commercial Arbitration Centre (BCICAC) to appoint a single arbitrator for us. The arbitration will take place in Vancouver, British Columbia, under the Arbitration Act (British Columbia), and will follow the Domestic Commercial Arbitration Rules of the BCICAC. The arbitrator will have the right to decide how the costs should be divided between us. The arbitrator will have the right to accept whatever kind of evidence they think is appropriate and will have the right to make whatever award they consider fair and equitable, based on legal and equitable principles, including giving an order such as an injunction (to stop one of us from doing something) or an order that you or we pay damages to the other. The arbitrator’s award can be entered into any court of competent jurisdiction.
All Disputes between you and FL must be resolved in accordance with this Section. All Disputes filed or brought contrary to this Section shall be considered improperly filed.
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.
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.
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.
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, agreed to by both you and FL, or by a change to this Agreement or the Guidelines.
Attn: FrontLobby Legal
5331 Headland Drive, Unit 93071
West Vancouver, B.C., Canada