Legal

Tenantbase Privacy Policy

Last Updated Date: September 1, 2020

This “Privacy Policy” describes the privacy practices of TenantBase, 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 links to this Privacy Policy (collectively, the “Service”), and the rights and choices available to individuals with respect to their information.

PERSONAL INFORMATION WE COLLECT

Information you provide to us. Personal information that you may provide through the Service or otherwise includes:

 

●         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 will use in accordance with this Privacy Policy or as otherwise disclosed 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 platforms, the platform provider’s privacy policy will apply to your 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 Privacy Policy.

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 or town.

●         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.

●        Javascript libraries, which are snippets of code within web pages that execute when certain 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 campaigns.

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 and feedback.

 

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;

●         enforce our Terms of Use;

●         protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft; and

●         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 Privacy Policy:

Partner brokers. 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 transaction.

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.

YOUR CHOICES

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 account.

Marketing communications. 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 at team@tenantbase.com. You may continue to receive service-related and other non-marketing emails.

Cookies & browser web storage. We may allow service providers and other third parties to use cookies and 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 storage.

Targeted online advertising. You can limit use of your information for interest-based advertising by:

●         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 purposes.

●         Platform settings. Using Google’s and Facebook’s interest-based advertising opt-out features:

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 websites.

▪          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 learn more.

SECURITY PRACTICES

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.

CHILDREN

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 team@tenantbase.com. 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.

CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this Privacy Policy at any time. We 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.

 

Any modifications to this Privacy Policy will be effective upon our 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 Privacy Policy indicates your acceptance of the update.

CONTACT US

If you have questions about this Privacy Policy, please contact us:

 

TenantBase, Inc.

2934 Sidco Dr

Suite 110

Nashville, TN 37204

 

Email: team@tenantbase.com

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.

●         Information. 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 Information.

o    The business or commercial purpose for collecting and/or selling Personal Information.

o    The categories of third parties with whom we share Personal Information.

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 Information.

●         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 from you.

●         Nondiscrimination. 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 follows:

●         Right to information, access and deletion. You can request to exercise your information, access and deletion rights by:

o    visiting www.tenantbase.com/contact

o    calling us toll free at (855) 560-1151

o    emailing support@tenantbase.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 effective date of this Privacy Policy. Categories in the chart refer to the categories described above in the general section of this Privacy Policy. We have not sold your personal information in the preceding 12 months.

 

 

 

TenantBase Terms of Use

Last Updated Date: March 20, 2023

Welcome to TenantBase! THIS TERMS OF USE AGREEMENT (“TERMS OF USE”) IS A LEGAL CONTRACT BETWEEN YOU (“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, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF USE; (2) YOU ARE OF LEGAL AGE IN YOUR JURISDICTION OF RESIDENCE TO FORM A BINDING CONTRACT; AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF USE PERSONALLY. THE TERM “YOU” 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 BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.

SECTION 15 OF THESE TERMS OF USE INCLUDES A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRES BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THE TERMS OF USE LIMIT THE REMEDIES THAT 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 Terms will either be listed in the Terms of Use or will be presented to you for 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 shall control with respect to such Service. The Terms of Use and any 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. When changes are made, TenantBase will make a new copy of the Terms of Use 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 update the “Last Updated” date at the top of the Terms of Use. If we make 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.

1.             How the Services Work.

1.1           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” throughout these Terms of Use, “you” refers to you, as a Tenant, Broker, or Leasing 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.

(a)           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.

(b)           Leasing 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.

(c)           Brokers. Our Services allow licensed real estate service professionals (each a “Broker” and collectively “Brokers” ) to connect with Leads for commercial real estate transactions. Broker's participation in TenantBase's Services and Broker's access to the TenantBase platform is voluntary, and as applicable, is made pursuant to these Terms of Service and Privacy Policy. Brokers receive access to portions of the TenantBase software and sales systems, and in connection with any Leads provided to Broker, Broker agrees to utilize the TenantBase dashboard and tracking processes through transaction completion. Broker is responsible for its provision of real estate services to Leads in connection with the TenantBase Platform, 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.

On a voluntary basis, TenantBase and Broker may mutually agree to collaborate for Broker to provide commercial real estate brokerage services with Leads (defined herein). Broker may be provided with contacts (including individuals or businesses) searching for or interested in a potential commercial real estate transaction, procured through the TenantBase platform or resulting from other business development efforts of TenantBase (individually, a “Lead”, and collectively, “Leads”). All Leads are categorized as either a Prospect or Referral for purposes of determining a Referral Fee (defined herein) percentage.

The real estate services that the Broker engages in with Leads are expected to produce Brokerage Fees (hereinafter defined). In the event that Broker generates a commission or other payment in connection with the performance of real estate services with Leads, the total value of all compensation generated by Broker prior to deductions of any kind, including any splits or other transaction costs, shall be defined as “Brokerage Fees”. Broker agrees that TenantBase is entitled to, and Broker shall pay to TenantBase a percentage of the Brokerage fees, the “Referral Fee”.

• Prospect (individually, a “Prospect”, and collectively, “Prospects”) is any Lead procured by Broker through the TenantBase prospecting tool or prospecting systems, or is categorized as a Prospect upon TenantBase sending to the Broker. In consideration for Prospects, Broker acknowledges that a Referral Fee of ten percent (10%) of the Brokerage Fees will be paid to TenantBase.
  
• Referral (individually, a “Referral”, and collectively, “Referrals”) is any Lead provided directly to the Broker by the TenantBase team or related systems, or is categorized as a Referral upon TenantBase sending to the Broker. In consideration for Referrals, Broker acknowledges that a Referral Fee ranging from twenty percent (20%) to thirty percent (30%) of the Brokerage Fees will be paid to TenantBase as mutually agreed upon in writing by the parties.

If Broker believes for any reason that a Lead is incorrectly categorized or Broker believes a Lead would not require a Referral Fee to TenantBase, Broker agrees to immediately inform TenantBase in writing of such belief and provide documentation supporting such a claim.

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.

Regarding Referral Fees, if Broker believes for any reason that a Lead would not be categorized as a Referral or that such Lead would not 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 Lead constitutes a Prospect or Referral and associated Referral Fees hereunder. Leads 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 Lead, 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 Leads, 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.

Referral Fee Payment - Broker shall be responsible for invoicing and collecting all Brokerage Fees directly from landlords, clients or third-parties for payment of Brokerage Fees, and shall provide TenantBase relevant documentation and details related to each transaction as permissible by state law, including but not limited to Broker's associated invoice. Broker shall notify TenantBase immediately upon receipt of Brokerage Fees. TenantBase shall invoice Broker upon lease execution and Broker shall remit all Referral Fees to TenantBase within ten (10) business days of receipt of the applicable Brokerage Fees by Broker. Such Referral Fees will be due and owing to TenantBase regardless of when such Brokerage Fees were received by Broker (including to the extent such Brokerage Fees were received following termination of any subscription or other relationship of the parties.

1.2           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.

1.3           Listing Content. When 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.

1.4           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/.

1.5           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.

2.             Use of the Services. The Services are protected by copyright laws throughout the world.

2.1           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.

2.2           Certain 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.

2.3           Third-Party 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.

2.4           Confidential Information . 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 Information.

3.             Registration.

3.1           Registering 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”).

3.2           Registration 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.

4.             Responsibility for Content.

4.1           Types of 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”).

4.2           No Obligation 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 otherwise objectionable.

5.             Ownership.

5.1           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.

5.2           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 respective owners.

5.3           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.

5.4           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.

5.5           License to 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.

5.6           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.

6.             User Conduct

6.1           General. While using or accessing the Services you agree that you will not, under any circumstances:

(a)           Breach or circumvent any laws, third party rights or our systems, policies, or determinations of your Account status;

(b)           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;

(c)           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;

(d)           Post false, inaccurate, misleading, defamatory or libelous content;

(e)           Take any action that may undermine our feedback or ratings systems;

(f)            Bypass our robot exclusion headers, interfere with the working of the Services, or impose an unreasonable or disproportionately large load on our infrastructure;

(g)           Upload, post, 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;

(h)           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

(i)             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.

6.2           Tenant-Specific Terms. When using the Services as a Tenant, you agree as follows:

(a)           You are 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.

(b)           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.

(c)           You are not a commercial real estate data provider and/or associated with any business, organization or position that could be construed as such.

(d)           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 lease process.

6.3           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.

7.             Interactions 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.

7.1           Content Provided 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.

7.2           Third-Party 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.

7.3           Relationship 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.

8.             Indemnification. 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.

9.             Disclaimer of Warranties.

9.1           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.

(a)           TENANTBASE PARTIES 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 BE CORRECTED.

(b)           ANY CONTENT 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 SUCH CONTENT.

(c)           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.

(d)           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 HEREIN.

(e)           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.

9.2           No Professional Advice. 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 relationship.

9.3           No Liability 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.

9.4           No Liability 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.

(a)           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.

(b)           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 DEAL.

10.           Limitation of Liability.

10.1         Disclaimer of 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.

10.2         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).

10.3         Exclusion of 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.

10.4         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 PERSONALIZATION SETTINGS.

10.5         Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TENANTBASE AND YOU.

11.           Procedure 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, 2934 Sidco Dr, Suite 110, Nashville, TN 37204.

12.           Termination.

12.1         Termination 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.

12.2         Termination 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.

12.3         Effect of 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.

13.           Remedies.

13.1         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.

13.2         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:

(a)           Warn you via e-mail (to any e-mail address you have provided to TenantBase) that you have violated the Terms;

(b)           Delete any of Your Content provided by you or your agent(s) to the Services;

(c)           Discontinue your registration(s) with any of the Services, including the Services;

(d)           Notify and/or send Content to, and/or fully cooperate with, the proper law enforcement authorities for further action; and/or

(e)           Pursue any other action which TenantBase deems to be appropriate.

13.3         No Subsequent 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 to you.

14.           International 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.

15.           Arbitration 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.

15.1         Applicability 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.

15.2         Arbitration 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.

15.3         Authority of Arbitrator.  The 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. 

15.4         Waiver of Jury Trial.  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.  

15.5         Waiver of 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.

15.6         30-Day 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: team@tenantbase.com, 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, with us.

15.7         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.

15.8         Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with TenantBase.

15.9         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., 2934 Sidco Dr, Suite 110, Nashville, TN 37204.

16.           General Provisions.

16.1         Electronic 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.

16.2         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.”

16.3         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.

16.4         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.

16.5         Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Services, please contact us at team@tenantbase.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.

16.6         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.

16.7         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., 2934 Sidco Dr, Suite 110, Nashville, TN 37204. 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.

16.8         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.

16.9         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.