Last Updated Date: September 1, 2020
Inc. (collectively, “TenantBase,” “we,”
“us” or “our”) in connection with the www.tenantbase.com
website and any other website that we own or control and which posts or
rights and choices available to individuals with respect to their
PERSONAL INFORMATION WE COLLECT
Information you provide to us.
Personal information that you may provide through the Service or otherwise
● Contact data, such as your first and last name, email and mailing addresses, phone
number, professional title and company name.
● Profile data, such as your username, password and preferences.
● Communications, such as information you provide when you contact us with questions,
feedback, or otherwise correspond with us online.
● Financial data, such as your income, economic or financial status, financial institution,
financial account details and account balances.
● Marketing data, such as your preferences for receiving communications about our
activities, events, and publications, and details about how you engage
with our communications.
● Other data
that we may collect which is not specifically listed here, but which we
at the time of collection.
Information we obtain from social media platforms.
We may maintain pages for our TenantBase on social media platforms, such
as Facebook, LinkedIn, Twitter, Google, YouTube, Instagram, and other
third party platforms. When you visit or interact with our pages on those
interactions and their collection, use and processing of your personal
information. You or the platforms may provide us with information through
the platform, and we will treat such information in accordance with this
Information we obtain from other third parties. We may combine personal information we receive from you with information
we obtain from other sources, such as data providers; affiliates within
our corporate group of companies; business partners, such as our partner
brokers; and publicly accessible sources.
Data collected automatically. We, our service providers, and our business partners may automatically
log the following information about you, your computer or mobile device,
and your activity over time on the Site and other online services:
● Device data, such as your computer or mobile device operating system type and version
number, manufacturer and model, browser type, screen resolution, IP
address, unique identifiers, and general location information such as city
● Usage data, such as the website you visited before browsing to the Site, pages or
screens you viewed, how long you spent on a page or screen, navigation
paths between pages or screens, information about your activity on a page
or screen, access times, and duration of access.
Some of our automatic collection is facilitated by:
● Cookies, which are text files stored on a visitor‘s device to uniquely identify
the visitor’s browser or to store information or settings in the browser
for the purpose of helping you navigate between pages efficiently and
remembering your preferences, enabling functionality, and helping us
understand user activity and patterns.
actions take place.
● Web beacons, also known as pixel tags or clear GIFs, which are typically used to
demonstrate that a webpage or email was accessed or opened, or that
certain content within it was viewed or clicked, typically to compile
statistics about usage of websites and the success of marketing
HOW WE USE YOUR PERSONAL INFORMATION
We use your personal information for the following purposes or as
otherwise described to you at the time of collection:
Service delivery. We use your personal information to:
● provide, operate, maintain, and improve the Service;
● communicate with you regarding the Service, including by sending you
Service announcements, technical notices, updates, security alerts, and
support and administrative messages;
● understand your needs and interests, and personalize your experience with
the Service; and
● provide support for the Service and respond to your requests, questions
Research and development. We may use your personal information for research and development
purposes, including to analyze and improve the Service and our business
and develop other products and services. As part of these activities, we
may create aggregated, de-identified or other anonymous data from personal
information we collect. We make personal information into anonymous data
by removing information that makes the data personally identifiable to
you. We may use this anonymous data and share it with third parties for
our lawful business purposes, including to analyze and improve the Service
and promote our business.
Marketing. We and our third party advertising partners may collect and use your
personal information for marketing and advertising purposes:
● Direct marketing. If you request information from us, use the Service or participate in our
surveys, promotions or events, we may send you TenantBase-related
marketing communications as permitted by law but will provide you with the
ability to opt out.
● Interest-based advertising.
We may contract with third-party advertising and social media companies to
display ads on our Service and other sites. These companies may use
cookies and similar technologies to collect information about you
(including the device data and online activity data described above) over
time across our Service and other sites and services or your interaction
with our emails, and use that information to serve ads that they think
will interest you. These ads are known as “interest-based advertisements.”
You can learn more about your choices for limiting interest-based
advertising, in the “Advertising choices” section below.
Compliance and protection. We may use your personal information to:
● protect our, your or others’ rights, privacy, safety or property
(including by making and defending legal claims);
● audit our internal processes for compliance with legal and contractual
requirements and internal policies;
● protect, investigate and deter against fraudulent, harmful, unauthorized,
unethical or illegal activity, including cyberattacks and identity theft;
● comply with applicable laws, lawful requests and legal process, such as
to respond to subpoenas or requests from government authorities.
Other purposes with your consent.
In some cases we will ask for your consent to collect, use or share your
personal information for other purposes. For example, we may ask for your
consent to send you marketing emails where required by law or to post your
testimonial or endorsement.
HOW WE SHARE YOUR PERSONAL INFORMATION
We do not share your personal information with third parties without your
consent, except in the following circumstances or as described in this
In some markets, TenantBase partners with local brokers who will provide
brokerage services on your behalf. We may share your personal information
with such partner brokers in these markets to facilitate a commercial
Service providers. We may share your personal information with third party companies and
individuals that provide services on our behalf or help us operate our
Service (such as customer support, hosting, analytics, email delivery,
marketing, and database management services).
Advertising partners. We work with third-party advertising partners to deliver advertising and
personalized content to you on the Service, on other sites and services
you may use, and across other devices you may use.
Other users of the Services and the public. We may provide functionality that enables you to disclose personal
information to other users of the Service or the public. We do not control
how other users or third parties use any personal information that you
make available to such users or the public.
For compliance, fraud prevention and safety. We may share your personal information for the compliance, fraud
prevention and safety purposes described above.
Business transfers. We may sell, transfer or otherwise share some or all of our business or
assets, including your personal information, in connection with a business
transaction (or potential business transaction) such as a corporate
divestiture, merger, consolidation, acquisition, reorganization or sale of
assets, or in the event of bankruptcy or dissolution.
Access or update your information. If you have registered for an account with us, you may review and update
certain personal information in your account profile by logging into the
You may opt out of marketing-related emails by following the opt-out or
unsubscribe instructions at the bottom of the email, or by contacting us
You may continue to receive service-related and other non-marketing
similar technologies to track your browsing activity over time and across
the Service and third party websites. Most browsers let you remove or reject cookies. To do this, follow the
instructions in your browser settings. Many browsers accept cookies by
default until you change your settings. Please note that if you set your
browser to disable cookies, the Service may not work properly. Similarly,
your browser settings may allow you to clear your browser web
Targeted online advertising. You
can limit use of your information for interest-based advertising
● Browser settings. Blocking third party cookies in your browser settings using or
ad-blocking browser plug-ins/extensions.
● Mobile device settings. Using your mobile device settings to limit use of the advertising ID
associated with your mobile device for interest-based advertising
● Platform settings.
Using Google’s and Facebook’s interest-based advertising opt-out
o Google: https://adssettings.google.com/
o Facebook: https://www.facebook.com/about/ads
● Ad industry tools.
Opting out of interest-based ads from companies participating in the
following industry opt-out programs:
o Network Advertising Initiative: http://www.networkadvertising.org/managing/opt_out.asp
o European Interactive Digital Advertising Alliance (for European users): http://www.youronlinechoices.eu/
o Digital Advertising Alliance:
optout.aboutads.info, which lets you opt-out of interest-based ads on
AppChoices mobile app, available at https://www.youradchoices.com/appchoices, which lets you opt-out of interest-based ads in mobile apps.
The opt-out preferences described above must be set on each device for
which you want them to apply. Not all companies that serve interest-based
ads participate in the ad industry opt-out programs described above, so
even after opting-out, you may still receive some cookies and
interest-based ads from other companies. If you opt-out of interest-based
advertisements, you will still see advertisements online but they may be
less relevant to you.
Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals
to the online services that you visit. We currently do not respond to “Do
Not Track” or similar signals. To find out more about “Do Not Track,”
please visit http://www.allaboutdnt.com.
Declining to provide your personal information. If you do not provide information indicated as required or mandatory
within the Service, or that is otherwise necessary to provide a requested
service or feature within the Service, that portion or all of the Service
may be unavailable to you and we may deactivate your account.
OTHER SITES AND SERVICES
The Service may contain links to other websites and services operated by
third parties, such as social media platforms, advertising services and
other websites and applications. These links are not an endorsement of, or
representation that we are affiliated with, any third party. We do not
control third party websites, applications or services, and are not
responsible for their actions. Other websites and services follow
different rules regarding their collection, use and disclosure of your
personal information. We encourage you to read their privacy policies to
The security of your personal information important to us. We take a
number of organizational, technical and physical measures designed to
protect the personal information we collect, both during transmission and
once we receive it. However, no security safeguards are 100% secure and we
cannot guarantee the security of your information.
INTERNATIONAL DATA TRANSFER
We are headquartered in the United States and have service providers in
other countries, and your personal information may be transferred to the
United States or other locations outside of your state, province, or
country where privacy laws may not be as protective as those in your
state, province, or country.
We do not knowingly collect any information from children under the age
of 16. If a parent or legal guardian becomes aware that his or her child
has provided us with any personally identifiable information without such
parent’s or legal guardian’s consent, he or she should contact us
at firstname.lastname@example.org. If we become aware that a child under 16 has provided us with any
personally identifiable information, we will promptly delete such
information and the child’s account.
encourage you to periodically review this page for the latest information
on our privacy practices. If we make material changes to this Privacy
Policy we will notify you by email (if you have an account linked to a
valid email address) or another manner through the Service that we believe
is reasonably likely to reach you.
posting of the new terms and/or upon implementation of the new changes in
the Service (or as otherwise indicated at the time of posting). In all
cases, your continued use of the Service after the posting of any updated
200 S Barrington Ave, P.O. Box 49933
Los Angeles, CA 90049
IMPORTANT INFORMATION FOR CALIFORNIA USERS
This section applies only to California residents. It describes how we
collect, use and share Personal Information of California residents in
operating our business, and their rights with respect to that Personal
Information. For purposes of this section, “Personal Information”
has the meaning given in the California Consumer Privacy Act of 2018
(“CCPA”) but does not include information exempted from the scope
of the CCPA.
Your California privacy rights. As a California resident, you have the rights listed below. However, these rights are not absolute, and in certain cases we may decline your
request as permitted by law.
You can request the following information about how we have collected and
used your Personal Information during the past 12 months:
o The categories of Personal Information that we have collected.
o The categories of sources from which we collected Personal
o The business or commercial purpose for collecting and/or selling Personal
o The categories of third parties with whom we share Personal
o The categories of third parties to whom the Personal Information was sold
or disclosed for a business purpose.
o The business or commercial purpose for collecting and/or selling Personal
● Access. You can request a copy of the Personal Information that we have
collected about you during the past 12 months.
● Deletion. You can ask us to delete the Personal Information that we have collected
You are entitled to exercise the rights described above free from
discrimination. This means that we will not penalize you for exercising
your rights by taking actions such as denying you services; increasing the
price/rate of services; decreasing service quality; or suggesting that we
may penalize you as described above for exercising your rights.
How to exercise your rights. You may exercise your California privacy rights described above as
● Right to information, access and deletion. You can request to exercise your information, access and deletion rights
o visiting www.tenantbase.com/contact
o calling us toll free at (855) 560-1151
o emailing email@example.com
We will need to verify your identity to process your information, access
and deletion requests and reserve the right to confirm your California
residency. To verify your identity, we may require you to log into your
TenantBase account (if applicable), provide government identification,
give a declaration as to your identity under penalty of perjury and/or
provide additional information. Your authorized agent may make a request
on your behalf upon our verification of the agent’s identity and our
receipt of a copy of valid power of attorney given to your authorized
agent pursuant to California Probate Code Sections 4000-4465. If you have
not provided your agent with such a power of attorney, you must provide
your agent signed permission to exercise your CCPA rights on your behalf,
provide the information we request to verify your identity, and provide us
with written confirmation that you have given the authorized agent
permission to submit the request. Authorized agents are required by
California law to implement and maintain reasonable security procedures
and practices to protect their clients’ information.
Personal information that we collect, use and share
The chart below summarizes how we collect, use and share Personal
Information by reference to the statutory categories specified in the
CCPA, and describes our practices during the 12 months preceding the
the categories described above in the general section of this Privacy
Policy. We have not sold your personal information in the preceding 12
Statutory category of Personal Information
(Cal. Civ. Code § 1798.140)
Personal Information we collect in this category
(See the “Personal information we collect” section above for
Online activity data
Internet or Network Information
Online activity data
May be derived from your:
Online activity data
Professional or Employment Information
Sources. We describe the sources from which we collect this Personal
Information in the section above entitled “Personal information we
Purposes. We describe the business and commercial purposes for which we
collect this Personal Information in the section above entitled
“How we use your personal information.”
Disclosure. We disclosed this Personal Information to the categories of third
parties described in the section above entitled “How we share your
Last Updated Date: June 11, 2021
Welcome to TenantBase! THIS
(“USER”) AND TENANTBASE, INC. (“TENANTBASE,” “WE,” “US”
OR “OUR”). BY CLICKING ON THE “I ACCEPT” BUTTON, ACCESSING OR USING
TENANTBASE.COM, OR ANY OTHER WEBSITE WITH AN AUTHORIZED LINK TO THESE TERMS OF
USE, INCLUDING THE TENANTBOARD AND THE TENANT PORTAL (THE “WEBSITE”),
REGISTERING AN ACCOUNT, OR ACCESSING OR USING ANY CONTENT, INFORMATION, SERVICES,
FEATURES OR RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE (EACH, A “SERVICE”
AND COLLECTIVELY, THE “SERVICES”), YOU REPRESENT THAT (1) YOU HAVE READ,
IN YOUR JURISDICTION OF RESIDENCE TO FORM A BINDING CONTRACT; AND (3) YOU HAVE
OR “USER” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE,
IDENTIFIED AS THE USER WHEN YOU USE THE SERVICES. IF YOU DO NOT AGREE TO BE
WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRES BINDING ARBITRATION ON AN
MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Your use of, and participation in, certain Services may be
subject to additional terms (“Supplemental Terms”) and such Supplemental
your acceptance when you sign up to use the supplemental Service. If the Terms
of Use are inconsistent with the Supplemental Terms, the Supplemental Terms
applicable Supplemental Terms are referred to herein as the “Terms.”
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY TENANTBASE IN ITS SOLE DISCRETION AT ANY TIME.
available at the Website, and any new Supplemental Terms will be made available
from within, or through, the affected Service on the Website. We will also
material changes to the Terms, we may (and, where required by law, will) also
provide notification of changes in another way that we believe is reasonably
likely to reach you, such as via e-mail if you have an Account (as defined in
Section 3.1) or another manner through the Services (which may include posting
an announcement on our Website). TenantBase may require you to provide consent
to the updated Terms in a specified manner before further use of the Website
and/ or the Services is permitted. If you do not agree to any change(s) after
receiving a notice of such change(s), you agree to stop using the Website and
the Services. Otherwise, your continued use of the Website or Services
constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE
WEBSITE TO VIEW THE THEN-CURRENT TERMS.
How the Services
Generally. TenantBase is a service that is designed
to connect businesses searching for commercial space with licensed real estate service
professionals, owners, and landlords
who are leasing commercial space. You may use the Services as a Tenant, Broker, or
Leasing Community, as described below. Note that when we use the term “you”
Community, unless otherwise specified as applying only to Leasing Community, only to Brokers, or
only to Tenants. TenantBase is not responsible for the work performed or the
services provided by real estate Brokers in connection with the evaluation of
commercial spaces and consummation of commercial transactions between Tenants
and Leasing Communities.
Tenants. Our Services offer potential tenants
(each, a “Tenant” and collectively, the “Tenants”) the ability to
search and find commercial space for lease or purchase through Listing Content
that is posted on our Website by the Leasing Community or through connection to a
Broker. As a Tenant, you will
also have access to our TenantBase advisors and partners (“Broker”),
who are licensed real estate brokers with industry knowledge and available to
assist you with evaluating commercial spaces and consummating commercial
transactions with the Leasing Community.
TenantBase works with Brokers that are licensed real
estate professionals in the markets we provide Services to Tenants.
Communities. Our Services
allow property owners or their designated representatives (each, a “Leasing
Community” and collectively the “Leasing Communities”) to submit data, content,
and information on commercial spaces
for lease to list on the Website (“Listing Content”) and to access our
database of Tenants desiring to lease commercial real estate. TenantBase does
not represent Leasing Communities in any real estate transaction(s).
Notwithstanding the foregoing, TenantBase may, at Tenant’s request, submit
requests for additional information to such Leasing Communities and act as a
conduit between Tenant and one or more Leasing Communities solely for
communication purposes. Leasing Communities agree to compensate TenantBase’s
Brokers with a market standard fee agreed upon prior to lease execution for
any lease by a Tenant that has been procured by working with a TenantBase
Advisor and using the Website and/or our Services.
Our Services allow licensed real estate service professionals (each a “Broker” and collectively “Brokers”) to connect
with prospects for commercial real estate transactions searching through the TenantBase platform or resulting from other
business development efforts of TenantBase (individually, a “Referral”, and collectively, “Referrals”). This provision
establishes a referral arrangement between TenantBase and you as an individual (“Broker”). This agreement and referral
arrangement is subject to the terms and conditions of any separate Partner Agreement that may have been entered into or
may be entered into between TenantBase, on the one hand, and you, your sponsoring brokerage, or another related party,
on the other hand (the “Master Agreement”). Broker, in its individual capacity, agrees to the terms and conditions of
this agreement, and acknowledges that Broker’s participation in TenantBase’s Services and Broker’s access to the
TenantBase platform is voluntary, and as applicable, is made pursuant to the terms of any Master Agreement. Brokers
receive access to portions of the TenantBase software and sales systems, and in connection with Referrals, Broker agrees
to utilize the TenantBase dashboard and tracking processes through transaction completion. In consideration for
Referrals, Broker acknowledges that a Referral Fee will be paid to TenantBase equal to thirty percent (30%) of the total
compensation earned by Broker on any transaction related to a Referral, unless otherwise agreed to in writing by
TenantBase per a Master Agreement or any other separate written agreement (the “Referral Fee”). If Broker believes for
any reason that a prospect would not be considered a Referral that would require a Referral Fee to TenantBase, Broker
agrees to immediately inform TenantBase in writing of such belief and provide documentation supporting such a claim.
TenantBase will evaluate such a claim in good faith, but will have the right to make the final determination, which will
be made reasonably and in good faith, as to whether a prospect constitutes a Referral hereunder. Referrals cannot be
transferred to another party or terminated, unless agreed to by TenantBase in writing, and in all cases a Referral Fee
will still be due and payable to TenantBase for all Referrals provided during the term regardless of when the
transaction generating such a Referral Fee is closed. In the event of any transfer of a Referral, the succeeding broker
will agree in writing to assume any payment or other obligations with respect to such Referral. Broker is responsible
for its provision of real estate services to Referrals, including maintaining proper real estate licensing and
compliance with applicable laws, rules, and regulations, and Broker agrees to indemnify and hold TenantBase harmless
from any claims, costs, and damages arising from claims by third parties in connection with Broker’s provision of such
real estate services.
Neutral Venue. The Website and our Services comprise an
online informational platform through which Tenants may browse Listing Content
that is posted by the Leasing Community. The Website acts as a venue to allow
Tenants and the Leasing Community to meet online and communicate with one
another based on each party’s interest in leasing commercial space. You
acknowledge and agree that (i) TenantBase does not own, sell, resell,
furnish, provide, rent, re-rent, manage or control any properties appearing
in any Listing Content on our Website and (ii) TenantBase does not show
properties or negotiate rental or sales agreements.
submitting Listing Content to our Services, Leasing Community must (i) provide
complete and accurate information about its commercial space (such as address,
square footage, price, listing description, and other characteristics); and (ii)
provide any other pertinent information requested by TenantBase. Leasing
Community, not TenantBase, is solely responsible for all Listing Content and
the content therein that Leasing Community submits for posting on the Website.
Leasing Community hereby grants TenantBase a non-exclusive, fully paid,
royalty-free, worldwide right and license to use, distribute, reproduce,
modify, adapt, publicly perform, and publicly display the Listing Content (in
whole or in part) for the purposes of providing the Services. Following receipt
of the Listing Content, TenantBase shall use commercially reasonable efforts to
display the Listing Content on the Website.
No Guarantees. USE OF OUR SERVICES DOES NOT GUARANTEE
THAT TENANTS WILL BE ABLE TO FIND COMMERCIAL SPACE THAT FITS THEIR NEEDS,
TENANTS WILL QUALIFY FOR OR BE APPROVED FOR A LEASE, AND/OR THAT LEASING
COMMUNITY WILL FIND A TENANT TO LEASE ITS COMMERCIAL SPACE. Tenants agree that
we may disclose, exchange and otherwise provide to Leasing Communities and/or
our Brokers any or all information collected by us for the purpose of
evaluating your ability to qualify for a lease. For more information about our
information collection, use, and disclosure practices, please visit our privacy
policy, available at https://www.tenantbase.com/legal/.
Equal Housing Opportunity. We are pledged to the letter and spirit of the United
States policy for the achievement of equal housing opportunity. We encourage
and support an affirmative advertising and marketing program in which there are
no barriers to obtaining housing because of race, color, religion, sex,
handicap, familial status, or national origin. We endeavor to treat all parties
fairly and honestly and to support equal housing opportunities. We encourage
our users to do so as well.
Use of the
Services. The Services
are protected by copyright laws throughout the world.
Updates. You understand that the Services are evolving. You acknowledge
and agree that TenantBase may update the Services with or without notifying
you. You may need to update third-party software from time to time in order to
receive the Services or use the Services.
Restrictions. The rights granted to you in the Terms
are subject to the following restrictions: (a) you shall not license, sell,
rent, lease, transfer, assign, reproduce, distribute, host or otherwise
commercially exploit the Services or any portion of the Services, including the
Website, (b) you shall not frame or utilize framing techniques to enclose any
trademark, logo, or other Services (including images, text, page layout or
form) of TenantBase; (c) you shall not use any metatags or other “hidden text”
using TenantBase’s name or trademarks; (d) you shall not modify, translate,
adapt, merge, make derivative works of, disassemble, decompile, reverse compile
or reverse engineer any part of the Services except to the extent the foregoing
restrictions are expressly prohibited by applicable law; (e) you shall not use
any manual or automated software, devices or other processes (including but not
limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or
the like) to “scrape” or download data from any web pages contained in the
Website (except that we grant the operators of public search engines revocable
permission to use spiders to copy materials from the Website for the sole
purpose of and solely to the extent necessary for creating publicly available
searchable indices of the materials, but not caches or archives of such
materials); (f) you shall not access the Services in order to build a similar
or competitive website or service; (g) except as expressly stated herein, no
part of the Services may be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any form or by any means; and
(h) you shall not remove or destroy any copyright notices or other proprietary
markings contained on or in the Services. Any future release, update or other
addition to the Services shall be subject to the Terms. TenantBase, its
suppliers and service providers reserve all rights not granted in the Terms.
Any unauthorized use of the Services terminates the licenses granted by
TenantBase pursuant to the Terms.
Materials. As a part of the Services, you may have
access to materials that are hosted or owned by another party. TenantBase
does not control, is not responsible for examining or evaluating and does not
assume any liability for the content. You acknowledge and agree that it is
impossible for TenantBase to monitor such materials and that you access these
materials at your own risk. TenantBase makes no representations and cannot be
held responsible for the accuracy, relevancy, copyright compliance, legality or
decency of material hosted or owned by another party.
As part of the Services you may be provided access to certain Confidential Information
about TenantBase and its business. You acknowledge and agree that the TenantBase Service
and Content are a valuable and unique asset of TenantBase and contain Confidential
Information and trade secrets of TenantBase. Confidential Information shall at all times
remain the sole and exclusive property of TenantaBase. You further agree to take all
actions reasonably necessary to protect the confidentiality of all Confidential
Your Account. In order to access certain features of
the Services you may be required to become a Registered User. For purposes of
the Terms, a “Registered User” is a User who has registered a user
account on the Website (“Account”).
Data. In registering for the Services, you
agree to (1) provide true, accurate, current and complete information about
yourself as prompted by the Services’ registration form (the “Registration
Data”); and (2) maintain and promptly update the Registration Data to keep
it true, accurate, current and complete. You represent that you are (1) at
least eighteen (18) years old; (2) of legal age to form a binding contract; and
(3) not a person barred from using The Services under the laws of the United
States, your place of residence or any other applicable jurisdiction. You are
responsible for all activities that occur under your Account. You agree that
you shall monitor your Account to restrict use by minors, and you will accept
full responsibility for any unauthorized use of The Services by minors. You
may not share your Account or password with anyone, and you agree to (1) notify
TenantBase immediately of any unauthorized use of your password or any other
breach of security; and (2) exit from your Account at the end of each session.
If you provide any information that is untrue, inaccurate, not current or
incomplete, or TenantBase has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, TenantBase has the right to
suspend or terminate your Account and refuse any and all current or future use
of The Services (or any portion thereof). You agree not to create an Account or
use The Services if you have been previously removed by TenantBase, or if you
have been previously banned from any of The Services.
Content. You acknowledge that all images, data
(including listing data, information, descriptions, videos, and other content
(collectively, “Content”) are the sole responsibility of the party from
whom such Content originated. This means that you, and not TenantBase, are
entirely responsible for all Content that you upload, post, e-mail, transmit or
otherwise share or make available (“Make Available”) through the
Services (“Your Content”), and that you and other Users of the Services,
and not TenantBase, are similarly responsible for all Content they Make
Available through the Services (“User Content”).
to Pre-Screen Content.
You acknowledge that
TenantBase has no obligation to pre-screen Content (including, but not limited
to, User Content and Listing Content, although TenantBase reserves the right in
its sole discretion to pre-screen, refuse or remove any Content. By entering
into the Terms, you hereby provide your irrevocable consent to such monitoring.
You acknowledge and agree that you have no expectation of privacy concerning
the transmission of Your Content, including without limitation messages that
you send using the Services. In the event that TenantBase pre-screens, refuses
or removes any Content, you acknowledge that TenantBase will do so for
TenantBase’s benefit, not yours. Without limiting the foregoing, TenantBase
shall have the right to remove any Content that violates the Terms or is
Services. Except with respect to Your Content and User Content, you agree
that TenantBase and its suppliers own all rights, title and interest in the
Services. You will not remove, alter or obscure any copyright, trademark,
service mark or other proprietary rights notices incorporated in or
accompanying the Website, the Services, or the Services.
Trademarks. “TenantBase” and other related graphics, logos, service marks and
trade names used on or in connection with the Services are the trademarks of
TenantBase and may not be used without permission in connection with any
third-party products or services. Other trademarks, service marks and trade
names that may appear on or in the Services are the property of their
Other Content. Except with respect to Your Content, you agree that you have no
right or title in or to any Content that appears on or in the Services.
Your Content. TenantBase does not claim ownership of Your Content. However,
when you as a User post or publish Your Content on or in the Services, you
represent that you own and/or have a royalty-free, perpetual, irrevocable,
worldwide, non-exclusive right (including any moral rights) and license to use,
license, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, derive revenue or other remuneration from, and communicate to
the public, perform and display Your Content (in whole or in part) worldwide
and/or to incorporate it in other works in any form, media or technology now
known or later developed, for the full term of any worldwide intellectual
property right that may exist in Your Content.
Your Content. Subject to any applicable account
settings that you select, you grant TenantBase a fully paid, royalty-free,
perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully
sublicensable right (including any moral rights) and license to use, license,
distribute, reproduce, modify, adapt, publicly perform, and publicly display,
Your Content (in whole or in part), in any medium or manner, now known or
hereafter devised, for the purposes of operating and providing the Services to
you and to our other Users. You specifically acknowledge and agree that we may
modify and combine any Listing Content that you upload with other Content that
we obtain or secure from third parties (including public sources) and make such
combined and modified Listing Content available on our Website. Please remember
that other Users may search for, see, use, modify and reproduce any of Your
Content that you submit to any “public” area of the Services. Notwithstanding
the foregoing, TenantBase does not allow commercial real estate listings to be
publicly displayed and/or viewable on the Website by Users who have not
registered a user account and may place restrictions that limit public access
to Your Content. You warrant that the holder of any worldwide intellectual
property right, including moral rights, in Your Content, has completely and
effectively waived all such rights and validly and irrevocably granted to you
the right to grant the license stated above. You agree that you, not
TenantBase, are responsible for all of Your Content that you Make Available on
or in the Services.
Feedback. You agree that submission of any ideas, suggestions, documents,
and/or proposals to TenantBase through its suggestion, feedback, wiki, forum or
similar pages (“Feedback”) is at your own risk and that TenantBase has
no obligations (including without limitation obligations of confidentiality)
with respect to such Feedback. You represent and warrant that you have all
rights necessary to submit the Feedback. You hereby grant to TenantBase a fully
paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully
sublicensable right and license to use, reproduce, perform, display,
distribute, adapt, modify, re-format, create derivative works of, and otherwise
commercially or non-commercially exploit in any manner, any and all Feedback,
and to sublicense the foregoing rights, in connection with the operation and
maintenance of the Services.
General. While using or accessing the Services you agree that you will
not, under any circumstances:
circumvent any laws, third party rights or our systems, policies, or
determinations of your Account status;
Interfere with or
damage the Services, including, without limitation, through the use of viruses,
cancel bots, Trojan horses, harmful code, flood pings, denial-of-service
attacks, packet or IP spoofing, forged routing or electronic mail address
information, or similar methods or technology;
Fail to honor any
transaction agreed to by you, unless the other party to such transaction fails
to comply with the terms of such transaction;
inaccurate, misleading, defamatory or libelous content;
Take any action
that may undermine our feedback or ratings systems;
Bypass our robot
exclusion headers, interfere with the working of the Services, or impose an
unreasonable or disproportionately large load on our infrastructure;
e-mail, transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, “junk mail,” “spam,” “chain letters,”
“pyramid schemes,” or any other form of solicitation;
Use the Services to
collect, harvest, transmit, distribute, post or submit any information
concerning any other person or entity, including without limitation,
photographs of others without their permission, personal contact information or
credit, debit, calling card or account numbers; or
Make Available any
Content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous,
or racially, ethnically or otherwise objectionable; (ii) violates, or
encourages any conduct that would violate, any applicable law or regulation or
would give rise to civil liability; (iii) promotes discrimination, bigotry,
racism, hatred, harassment or harm against any individual or group; (iv) is
violent or threatening, or promotes violence or actions that are threatening to
any other person; (v) promotes illegal or harmful activities; or (vi) infringes
a third party’s intellectual property or privacy or other proprietary right.
Tenant-Specific Terms. When using
the Services as a Tenant, you agree as follows:
working with TenantBase, its Brokers, and/or partnered brokers in your state,
in a brokerage relationship in connection with your search for commercial space
and lease process. You may be contacted by TenantBase or a Broker working with
TenantBase as part of the Services.
You may elect to terminate your Account and/or relationship
at any time. Additional
disclosures may apply to residents of Texas.
You are an owner,
employee, or decision maker with a business interested in the lease, sublease
or purchase of real estate using TenantBase and/or its Services.
You are not a
commercial real estate data provider and/or associated with any business,
organization or position that could be construed as such.
You are not
exclusively engaged with any real estate professional providing you with real
estate information and brokerage services for a search for commercial space or
Investigations. TenantBase may, but is not obligated to, monitor or review the
Services and Content at any time. Without limiting the foregoing, TenantBase
shall have the right, in its sole discretion, to remove any of Your Content for
any reason (or no reason), including if such Content violates the Terms or any
applicable law. Although TenantBase does not generally monitor user activity
occurring in connection with the Services or Content, if TenantBase becomes
aware of any possible violations by you of any provision of the Terms,
TenantBase reserves the right to investigate such violations, and TenantBase
may, at its sole discretion, immediately terminate your license to use the
Services, or change, alter or remove Your Content, in whole or in part, without
prior notice to you.
with Other Users. You are
solely responsible for your interactions with other Users of the Services and
any other parties with whom you interact through the Services; provided,
however, that TenantBase reserves the right, but has no obligation, to
intercede in such disputes.
by Other Users. The Services may contain User Content
provided by other Users, including Listing Contents. TenantBase has no
obligation to review or monitor, and does not approve, endorse or make any
representations or warranties with respect to User Content. You use all User
Content and interact with other Users at your own risk.
Services & Ads. The Services may contain links and/or
integrate with third-party websites and/or services (“Third-Party Services”)
and advertisements for third parties (“Third-Party Ads”) (collectively,
“Third-Party Services & Ads”). When you click on a link to or
otherwise access a Third-Party Service or a Third-Party Ad, we will not warn
you that you have left the Services and are subject to the terms and conditions
(including privacy policies) of another website or destination. Such
Third-Party Services are not under the control of TenantBase. TenantBase is
not responsible for any Third-Party Services & Ads. TenantBase provides
these Third-Party Services & Ads only as a convenience and does not review,
approve, monitor, endorse, warrant, or make any representations with respect to
Third-Party Services & Ads, or their products or services. You use
Third-Party Services & Ads at your own risk. When you leave our Website,
our Terms and policies no longer govern. You should review applicable terms
and policies, including privacy and data gathering practices, of any
Third-Party Services, and should make whatever investigation you feel necessary
or appropriate before proceeding with any transaction with any third-party.
of the Parties. Any agreements created between a Tenant
and a Leasing Community are not binding on us. We are not liable for, or
obligated to enforce, any agreements between a Tenant and a Leasing Community.
You will not consider TenantBase, nor will TenantBase be construed as, a party
to such transactions, whether or not TenantBase receives some form of
remuneration in connection with the transaction, and TenantBase will not be
liable for any costs or damages arising out of or related to such transaction.
No contractual obligations are created with us with respect to such
transactions or agreements, and in the event that you have a dispute with one
or more Users, you release TenantBase (and our officers, directors, agents,
investors, subsidiaries, and employees) from any and all claims, demands, or
damages (actual or 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.
You agree to indemnify and
hold TenantBase, its parents, subsidiaries, affiliates, officers, employees,
agents, and licensors (collectively the “TenantBase Parties”) harmless
from any losses, costs, liabilities and expenses (including reasonable
attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use
of, or inability to use, the Services; (c) your violation of the Terms; (d)
your violation of any rights of another party, including any User; or (e) your
violation of any applicable laws, rules or regulations. TenantBase reserves
the right, at its own cost, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event you will
fully cooperate with TenantBase in asserting any available defenses. You agree
that the provisions in this section will survive any termination of your
Account, the Terms, or your access to the Services.
As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED
BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE
SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS.
TENANTBASE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND
CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES WILL MEET
YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE
SERVICES WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE SERVICES WILL
DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR
OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY
OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE
YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING
THE SERVICES MAY BE
SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. TENANTBASE MAKES NO
WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT
NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER
CHARACTERISTICS OF SERVICES.
NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TENANTBASE (INCLUDING VIA
ADVISORS) OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE
FROM TIME TO TIME, TENANTBASE MAY OFFER NEW “BETA” FEATURES OR
TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED
SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY
BE MODIFIED OR DISCONTINUED AT TENANTBASE’S SOLE DISCRETION. THE PROVISIONS OF
THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
The information, ideas, opinions and suggestions contained on the Website and
provided through the Services are for informational purposes only, and
TenantBase does not warrant the accuracy or reliability of the Content and
whether it is up-to-date, including any opinions, statements, or other
information provided on the Website or through the Services. The Services are
not intended to be, and do not constitute, professional legal or real estate
advice, and use of the Services does not establish a broker-client
for Conduct of Third Parties. YOU
ACKNOWLEDGE AND AGREE THAT TENANTBASE PARTIES ARE NOT LIABLE, AND YOU AGREE NOT
TO SEEK TO HOLD TENANTBASE PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES,
INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH
THIRD PARTIES RESTS ENTIRELY WITH YOU.
for Conduct of Other Users. YOU ARE
SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER
USERS OF THE SERVICES. YOU UNDERSTAND THAT TENANTBASE DOES NOT MAKE ANY ATTEMPT
TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES. TENANTBASE MAKES NO
REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU
AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS
WITH OTHER USERS OF THE SERVICES.
TENANTBASE MAKES NO WARRANTY THAT ANY COMMERCIAL SPACES WILL MEET
YOUR REQUIREMENTS OR THAT THE LISTING CONTENT WILL BE AVAILABLE FOR A SPECIFIC
PRICE OR ON SPECIFIC TERMS. TENANTBASE MAKES NO WARRANTY REGARDING THE
QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY
LISTING CONTENT OBTAINED THROUGH THE SERVICES.
WHILE WE MAY HELP FACILITATE THE RESOLUTION OF DISPUTES AMONG
USERS THROUGH VARIOUS PROGRAMS, WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE
THE QUALITY, SAFETY OR LEGALITY OF TRANSACTIONS, THE TRUTH OR ACCURACY OF
LISTING CONTENT, THE ABILITY OF LEASING COMMUNITIES OR TENANTS TO INITIATE
TRANSACTIONS, THE ABILITY OF LEASING COMMUNITIES OR TENANTS TO ACCEPT
TRANSACTIONS, OR THAT LEASING COMMUNITIES OR TENANTS WILL ACTUALLY HONOR A
Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT
SHALL TENANTBASE PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE
SERVICES OR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER
OR NOT TENANTBASE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR
ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF
OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR
MEETINGS WITH OTHER USERS OF THE SERVICES OR THIRD PARTIES, ON ANY THEORY OF
LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE SERVICES; (2)
ANY DEALS OFFERED THROUGH THE SERVICES; (3) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED
INTO THROUGH THE SERVICES; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (5) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE
SERVICES; OR (6) ANY OTHER MATTER RELATED TO THE SERVICES, WHETHER BASED ON
WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY
OR ANY OTHER LEGAL THEORY.
Cap on Liability. UNDER NO CIRCUMSTANCES WILL TENANTBASE PARTIES BE LIABLE TO YOU
FOR MORE THAN THE LESSER OF: (a) THE AMOUNT RECEIVED BY TENANTBASE AS A RESULT
OF YOUR USE OF THE SERVICES IN THE SIX MONTHS PRECEEDING THE DATE ON WHICH YOU
FIRST ASSERT YOUR CLAIM; OR (b) $50,000. IF YOU HAVE NOT PAID TENANTBASE ANY
AMOUNTS IN THE SIX MONTHS PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH
CLAIM, TENANTBASE’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO ONE
HUNDRED DOLLARS ($100).
Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME
OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MIGHT HAVE ADDITIONAL RIGHTS.
User Content. TENANTBASE PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS,
DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT
LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR
Basis of the
Bargain. THE LIMITATIONS OF DAMAGES SET FORTH
ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TENANTBASE
for Making Claims of Copyright Infringement. It is TenantBase’s policy to
terminate membership privileges of any User who repeatedly infringes copyright
upon prompt notification to TenantBase by the copyright owner or the copyright
owner’s legal agent. Without limiting the foregoing, if you believe that your
work has been copied and posted on the Services in a way that constitutes
copyright infringement, please provide our Copyright Agent with the following
information: (1) an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest; (2) a description of
the copyrighted work that you claim has been infringed; (3) a description of
the location on the Services of the material that you claim is infringing; (4)
your address, telephone number and e-mail address; (5) a written statement by
you that you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent or the law; and (6) a statement by you, made
under penalty of perjury, that the above information in your notice is accurate
and that you are the copyright owner or authorized to act on the copyright
owner’s behalf. Contact information for TenantBase’s Copyright Agent for notice
of claims of copyright infringement is as follows: TenantBase, Inc., Attn: Copyright Agent, 200
S Barrington Ave, PO Box 49933, Los Angeles, California 90049.
of Services by Us. We may terminate and/or suspend the
Services, your Account and/or these Terms for any reason, including in the
event you breach any terms herein, or if required to do so by applicable law.
of Services by You. If you want to terminate the Services
provided by TenantBase, you may do so by (a) notifying TenantBase at any time
and (b) closing your Account for all of the Services that you use. Your notice
should be sent, in writing, to TenantBase's address set forth below.
Termination. Termination of any Service includes removal
of access to such Service and barring of further use of the Service.
Termination of all Services also includes deletion of your password and all
related information, files and Content associated with or inside your Account
(or any part thereof), including Your Content. Upon termination of any Service,
your right to use such Service will automatically terminate immediately. You
understand that any termination of Services may involve deletion of Your
Content associated therewith, and that TenantBase will not have any liability
whatsoever to you for any suspension or termination, including for deletion of
Your Content. All provisions of the Terms which by their nature should survive,
shall survive termination of Services, including without limitation, ownership
provisions, warranty disclaimers, and limitation of liability.
Violations. If TenantBase becomes aware of any possible violations by you of
the Terms, TenantBase reserves the right to investigate such violations. If,
as a result of the investigation, TenantBase believes that criminal activity
has occurred, TenantBase reserves the right to refer the matter to, and to
cooperate with, any and all applicable legal authorities. TenantBase is
entitled, except to the extent prohibited by applicable law, to disclose any
information or materials on or in the Services, including Your Content, to (1)
comply with applicable laws, legal process or governmental request; (2) enforce
the Terms; (3) respond to any claims that Your Content violates the rights of
third parties; (4) respond to your requests for customer service; (5) protect
the rights, property or personal safety of TenantBase, its Users or the public;
or (6) in connection with all enforcement actions or investigations or other
government officials, as TenantBase in its sole discretion believes to be
necessary or appropriate.
Breach. In the event that TenantBase determines, in its sole discretion,
that you have breached any portion of the Terms, or have otherwise demonstrated
conduct inappropriate for the Services, TenantBase reserves the right to:
Warn you via e-mail
(to any e-mail address you have provided to TenantBase) that you have violated
Delete any of Your
Content provided by you or your agent(s) to the Services;
registration(s) with any of the Services, including the Services;
Notify and/or send Content
to, and/or fully cooperate with, the proper law enforcement authorities for
further action; and/or
Pursue any other
action which TenantBase deems to be appropriate.
Registration. If your registration(s) with or ability
to access the Services is discontinued by TenantBase due to your violation of
any portion of the Terms or for any other inappropriate conduct, as determined
by TenantBase in its sole discretion, then you agree that you shall not attempt
to re-register with or access the Services through use of a different member
name or otherwise. In the event that you violate the immediately preceding
sentence, TenantBase reserves the right, in its sole discretion, to immediately
take any or all of the actions set forth herein without any notice or warning
Users. This Website can be accessed from
countries around the world and may contain references to the Services and
Content that are not available in your country. These references do not imply
that TenantBase intends to announce such Services or Content in your country.
The Services are controlled and offered by TenantBase from its facilities in
the United States of America. TenantBase makes no representations that the
Services are appropriate or available for use in other locations. Those who
access or use the Services from other jurisdictions do so at their own volition
and are responsible for compliance with local law.
Agreement. Please read the
following arbitration agreement in this Section (“Arbitration Agreement”)
carefully. It requires you to arbitrate disputes with TenantBase and limits
the manner in which you can seek relief from us.
of Arbitration Agreement. You agree
that any dispute, claim, or request for relief relating in any way to your
access or use of the Website, to any products sold or distributed through the
Website, or to any aspect of your relationship with TenantBase, will be
resolved by binding arbitration, rather than in court, except that (1) you may
assert claims or seek relief in small claims court if your claims qualify; and
(2) you or TenantBase may seek equitable relief in court for infringement or
other misuse of intellectual property rights (such as trademarks, trade dress,
domain names, trade secrets, copyrights, and patents). This Arbitration
Agreement shall apply, without limitation, to all disputes or claims and
requests for relief that arose or were asserted before the effective date of
this Agreement or any prior version of this Agreement.
Rules and Forum. The Federal Arbitration Act governs
the interpretation and enforcement of this Arbitration Agreement. To begin an
arbitration proceeding, you must send a letter requesting arbitration and
describing your dispute or claim or request for relief to our registered agent:
Corporation Service, 251 Little Falls Drive, Wilmington, Delaware
19808. The arbitration will be conducted by JAMS, an established alternative
dispute resolution provider. Disputes involving claims,
counterclaims, or request for relief 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 disputes 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. If JAMS is
not available to arbitrate, the parties will select an alternative arbitral
forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing,
administrative, hearing and/or other fees and cannot obtain a waiver from JAMS,
TenantBase will pay them for you. In addition, TenantBase will reimburse all
such JAMS’s filing, administrative, hearing and/or other fees for disputes,
claims, or requests for relief totaling less than $10,000 unless the arbitrator
determines the claims are frivolous.
You may choose to
have the arbitration conducted by telephone, based on written submissions, or
in person in the country where you live or at another mutually agreed location.
Any judgment on the award rendered by the arbitrator may be entered in any court
of competent jurisdiction.
arbitrator shall have exclusive authority to (a) determine the scope and
enforceability of this Arbitration Agreement and (b) resolve any dispute
related to the interpretation, applicability, enforceability or formation of
this Arbitration Agreement including, but not limited to, any assertion that
all or any part of this Arbitration Agreement is void or voidable. The
arbitration will decide the rights and liabilities, if any, of you and TenantBase.
The arbitration proceeding will not be consolidated with any other matters or
joined with any other cases or parties. The arbitrator shall have the
authority to grant motions dispositive of all or part of any claim. The
arbitrator shall have the authority to award monetary damages and to grant any
non-monetary remedy or relief available to an individual under applicable law,
the arbitral forum’s rules, and the Agreement (including the Arbitration
Agreement). The arbitrator shall issue a written award and statement of
decision describing the essential findings and conclusions on which the award
is based, including the calculation of any damages awarded. The
arbitrator has the same authority to award relief on an individual basis that a
judge in a court of law would have. The award of the arbitrator is final
and binding upon you and us.
YOU AND TENANTBASE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE
IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and TenantBase
are instead electing that all disputes, claims, or requests for relief shall be
resolved by arbitration under this Arbitration Agreement, except as specified
in Section 15.1 above. An arbitrator can award on an individual basis the
same damages and relief as a court and must follow this Agreement as a court
would. However, there is no judge or jury in arbitration, and court review of
an arbitration award is subject to very limited review.
Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF
WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN
INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF
IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED
OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is
issued stating that applicable law precludes enforcement of any of this
subsection’s limitations as to a given dispute, claim, or request for relief,
then such aspect must be severed from the arbitration and brought into the
State or Federal Courts located in the State of California. All other
disputes, claims, or requests for relief shall be arbitrated.
Right to Opt Out.
You have the right to opt out of the provisions of this Arbitration Agreement
by sending written notice of your decision to opt out to: firstname.lastname@example.org, within 30 days after first becoming
subject to this Arbitration Agreement. Your notice must include your name and
address, your TenantBase username (if any), the email address you used to set
up your TenantBase account (if you have one), and an unequivocal statement that
you want to opt out of this Arbitration Agreement. If you opt out of this
Arbitration Agreement, all other parts of this Agreement will continue to apply
to you. Opting out of this Arbitration Agreement has no effect on any other
arbitration agreements that you may currently have, or may enter in the future,
Severability. Except as provided in Section 15.5, if any part or parts of this
Arbitration Agreement are found under the law to be invalid or unenforceable,
then such specific part or parts shall be of no force and effect and shall be
severed and the remainder of the Arbitration Agreement shall continue in full
force and effect.
Agreement. This Arbitration Agreement will survive
the termination of your relationship with TenantBase.
Modification. Notwithstanding any provision in
this Agreement to the contrary, we agree that if TenantBase makes any future
material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such
change becoming effective by writing TenantBase at the following address: TenantBase, Inc., 200 S Barrington Ave, PO
Box 49933, Los Angeles, California 90049.
Communications. The communications between you and
TenantBase use electronic means, whether you visit the Services or send
TenantBase e-mails, or whether TenantBase posts notices on the Services or
communicates with you via e-mail. For contractual purposes, you (1) consent to
receive communications from TenantBase in an electronic form; and (2) agree
that all terms and conditions, agreements, notices, disclosures, and other
communications that TenantBase provides to you electronically satisfy any legal
requirement that such communications would satisfy if it were to be in
writing. The foregoing does not affect your statutory rights.
Release. You hereby release TenantBase Parties and their successors from
claims, demands, any and all losses, damages, rights, and actions of any kind,
including personal injuries, death, and property damage, that is either
directly or indirectly related to or arises from your use of the Services,
including but not limited to, any interactions with or conduct of other Users
or third-party websites or services of any kind arising in connection with or
as a result of the Terms or your use of the Services. If you are a California
resident, you hereby waive California Civil Code Section 1542, which states, “A
general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which, if
known by him must have materially affected his settlement with the debtor.”
Assignment. The Terms, and your rights and obligations hereunder, may not be
assigned, subcontracted, delegated, or otherwise transferred by you without
TenantBase’s prior written consent, and any attempted assignment, subcontract,
delegation, or transfer in violation of the foregoing will be null and void.
Force Majeure. TenantBase shall not be liable for any delay or failure to
perform resulting from causes outside its reasonable control, including, but
not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or
military authorities, fire, floods, accidents, strikes or shortages of
transportation facilities, fuel, energy, labor or materials.
Complaints, Claims. If you have any questions, complaints or
claims with respect to the Services, please contact us at email@example.com. We will do our best to address your
concerns. If you feel that your concerns have been addressed incompletely, we
invite you to let us know for further investigation.
Governing Law. The Terms and any action related thereto will be governed and
interpreted by and under the laws of the State of California consistent with
the Federal Arbitration Act, without giving effect to any principles that
provide for the application of the law of another jurisdiction.
Notice. Where TenantBase requires that you provide an e-mail address,
you are responsible for providing TenantBase with your most current e-mail
address. In the event that the last e-mail address you provided to TenantBase
is not valid, or for any reason is not capable of delivering to you any notices
required/ permitted by the Terms, TenantBase’s dispatch of the e-mail
containing such notice will nonetheless constitute effective notice. You may
give notice to TenantBase at the following address: TenantBase, Inc., 200 S
Barrington Ave, PO Box 49933, Los Angeles, California 90049. Such notice shall
be deemed given when received by TenantBase by letter delivered by nationally
recognized overnight delivery service or first class postage prepaid mail at
the above address.
Waiver. Any waiver or failure to enforce any provision of the Terms on
one occasion will not be deemed a waiver of any other provision or of such
provision on any other occasion.
Severability. If any provision of the Terms is, for any reason, held to be
invalid or unenforceable, the other provisions of the Terms will remain
enforceable, and the invalid or unenforceable provision will be deemed modified
so that it is valid and enforceable to the maximum extent permitted by law.
16.10 Export Control. You may not use, export, import, or transfer the Services except
as authorized by U.S. law, the laws of the jurisdiction in which you obtained
the Services, and any other applicable laws. In particular, but without
limitation, the Services may not be exported or re-exported (a) into any United
States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s
list of Specially Designated Nationals or the U.S. Department of Commerce’s
Denied Person’s List or Entity List. By using the Services, you represent and
warrant that (i) you are not located in a country that is subject to a U.S.
Government embargo, or that has been designated by the U.S. Government as a
“terrorist supporting” country and (ii) you are not listed on any U.S.
Government list of prohibited or restricted parties. You also will not use the
Services for any purpose prohibited by U.S. law, including the development,
design, manufacture or production of missiles, nuclear, chemical or biological
weapons. You acknowledge and agree that products, services or technology
provided by TenantBase are subject to the export control laws and regulations
of the United States. You shall comply with these laws and regulations and
shall not, without prior U.S. government authorization, export, re-export, or
transfer TenantBase products, services or technology, either directly or
indirectly, to any country in violation of such laws and regulations.
16.11 Entire Agreement. The Terms are the final, complete and exclusive agreement of the
parties with respect to the subject matter hereof and supersedes and merges all
prior discussions between the parties with respect to such subject matter.