TERMS OF SERVICE
Last Modified: 4 April 2017
Leaseably, LLC (“Leaseably”, “we”, “us”, or “our”) offers virtual assistant support to help rental property owners (“Landlords”) manage their rental properties (each a “Rental Unit” and collectively “Rental Units”) and to facilitate collaboration and communication between Landlords, lessees of the Rental Units (“Tenants”), and prospective lessees of the Rental Units (“Prospective Tenants”). Leaseably may provide these services (the “Services”) through websites, mobile applications, software, processes, and other means (collectively, the “Platform”). These Terms of Service (“Terms”) govern your access to and use of the Platform and the Services offered by Leaseably.
All references to “you”, “your,” or “User,” as applicable, mean the person who accesses or uses the Platform, and/or subscribes to the Services in any manner. A User may be a Landlord, Tenant, Prospective Tenant, any combination thereof, or none of the above. If you use the Platform or the Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity. Subscription to the Services is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By subscribing to or using the Services, you represent and warrant that you are eligible.
1. LEASEABLY SERVICES
1.1. Rental Property Concierge Services
Leaseably coordinates maintenance and repair services with third-party service providers and maintains records of these services and attendant expenses for Landlords. In the event a maintenance or repair service is needed at your Rental Unit, Landlord or Tenant may contact Leaseably through the Platform and provide a description of the work to be completed. Upon receipt of the service request, Leaseably will contact appropriate service providers as set forth below.
Leaseably welcomes the use of Landlord’s preferred provider for repairs and maintenance. If no preferred provider is offered by Landlord, Leaseably will contact top-rated service providers in the community according to online customer review services. For maintenance requests (services necessary to conserve the condition and appearance of the Rental Unit, such as painting, cleaning, and landscaping), Leaseably will obtain two (2) quotes for Landlord to review and select from before commencement of the service. For repair requests (services to restore or fix the premises to a good or sound condition after decay, damage, or a malfunction), because providers usually charge on a per visit-basis, Leaseably will select one (1) service provider for the repair for Landlord’s approval before commencement of the service.
Once Landlord approves of a maintenance or repair service, Leaseably will confirm and coordinate the timing of the service with the provider. Landlord or Tenant is responsible for meeting the service provider at the Rental Unit at the designated time or being available to meet the provider during the designated window; Leaseably does not physically visit Rental Units for any purpose. By approving a maintenance service to be completed, Landlord authorizes Leaseably to charge the fees and expenses for the maintenance to Landlord’s credit card on file. For repairs, Leaseably will seek the Landlord’s approval at the time of service before charging fees to Landlord’s credit card on file. Invoices for all maintenance and repair services will be kept on file by Leaseably and available at Landlord’s request. Leaseably will send Landlord a consolidated expense report detailing all maintenance and repair services on an annual basis and upon termination of Landlord’s subscription for Services.
1.2. Property Listing Support
1.2.1. Listing and Advertisements
We will assist Landlord in preparing a listing of the Rental Unit and arrange for it to be posted on rental listings platforms. Landlord is responsible for providing the necessary information for the listing, including a description of the unit, pricing information, availability dates, photographs of the unit, and any other listing-specific terms, conditions, and details. At Landlord’s request, we will provide assistance with formatting the information provided to us into a layout appropriate for posting. We will also assist in preparing advertising materials for the listing, subject to Landlord’s review and approval. Advertising and promotional materials shall be prepared in full compliance with all laws affecting the leasing and/or advertising of real property in the state where the Rental Unit is located. Landlord acknowledges and agrees that Landlord is solely responsible for the content of any advertising and promotional materials related to Landlord’s Rental Unit.
1.2.2. Tenant Communication Coordination
Leaseably will provide communication coordination with Prospective Tenants interested in leasing a Rental Unit. Landlord may provide Leaseably’s contact information within Landlord’s advertising materials, including links to the Platform. Leaseably will act as a coordinator between Landlord and Prospective Tenants by answering and forwarding calls and emails to Landlord as appropriate and communicating with Landlord to schedule times for viewings by Prospective Tenants. In no event will Leaseably answer questions from Prospective Tenants related to a Rental Unit or the listing for a Rental Unit except to confirm factual details contained in the listing itself. It is Landlord’s responsibility to be physically present at the Rental Unit to show to Prospective Tenants.
1.2.3. Real Estate Agent Services
Landlords can purchase services for Property Listing Support from Real Estate Agent at a flat fee thru Leaseably LLC platform. Each Service purchased by a Landlord will be performed solely by Agent. Services are described under Hands-Off Package.
2. TENANTS AND PROSPECTIVE TENANTS SERVICES
Tenants and Prospective Tenants will have the ability to share documents (such as credit reports and background checks) with Landlords. Tenants will also be able to communicate with Leaseably regarding maintenance and repair requests through the Platform.
3. LANDLORD SUBSCRIPTIONS
Leaseably offers the Services to Landlords for a flat fee or through a monthly subscription. Property Listing Support is offered at a flat fee. All services are detailed in Section 1.2. Rental Property Concierge Services are offered for a monthly subscription and includes maintenance and repair services coordination as detailed in Section 1.1.
Our fees for Landlord Services subscriptions are displayed on the Our Services page of the Platform. If we change our pricing, we will give you at least 30 days’ notice via email. In no instance are any fees you pay to Leaseably contingent upon a real estate transaction such as execution of a sale or lease agreement. Our subscription fees are unrelated to the rental price of your unit, the vacancy rate of your unit, or any other metric related to the listing of your unit.
3.3. Payment Process
Leaseably uses a third-party service to execute online payment transactions for Landlord subscriptions. By using this feature of the Platform, you agree to be bound by the privacy policies and other terms and conditions of the third-party payment processor company with which we choose to work. We may change the company we use for this function from time to time. Notice of any such change will be made by an update to these Terms as contained on the Platform. If any payment you initiate using the Platform is not completed successfully, Leaseably reserves the right to seek payment from you by contacting you by phone or email.
For each month that your subscription is active, you acknowledge and agree that Leaseably is authorized to charge the same credit card as was used for the initial subscription fee in the amount of the then current monthly subscription fee. The monthly renewal subscription fees will continue to be billed to the payment method you provided, automatically until cancelled. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fee to the payment method you provided. Refunds cannot be claimed for any partial-month subscription period. You agree to promptly notify Leaseably of any changes to the payment method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.
In the course of your use of and subscription for the Services, Leaseably and its third-party payment processor may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to Leaseably and Leaseably’s third-party payment processor at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.
Landlord may cancel a subscription to the Services at any time by emailing us at email@example.com. Cancellation is effective at the end of the applicable monthly period. If Landlord cancels the subscription, any or all of Landlord’s information may be irrevocably deleted at any time. We may suspend or terminate Landlord’s subscription to the Services due to fraud by Landlord or Landlord’s breach of these Terms. Such suspension or termination may be without notice, in our discretion.
4. PERSONAL INFORMATION
5. PROHIBITED USES
You may use the Platform only for lawful purposes and in accordance with these Terms. You agree not to use the Platform:
a. In any way that violates any applicable federal, state, local or international law or regulation.
b. For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
c. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
d. To impersonate or attempt to impersonate Leaseably, a Leaseably employee, another User or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
e. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm Leaseably or Users of the Platform or expose them to liability.
Additionally, you agree not to:
a. Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform .
b. Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
c. Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
d. Use any device, software or routine that interferes with the proper working of the Platform.
e. Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
f. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform.
g. Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
h. Otherwise attempt to interfere with the proper working of the Platform.
6. INTELLECTUAL PROPERTY RIGHTS
The Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Leaseably, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform, except as follows:
a. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
b. You may store files that are automatically cached by your web browser for display enhancement purposes.
c. You may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication or distribution.
d. If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
a. Modify copies of any materials from the Platform, other than your own User Contributions.
b. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Platform.
c. You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.
7. USER MATERIAL AND CONTENT STANDARDS.
7.1. User Material
The Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow Users to post, submit, publish, display or transmit content or materials (collectively, “User Contributions”) on or through the Platform.
All User Contributions must comply with the Content Standards set out in Section 6.2. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
a. You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
b. All of your User Contributions do and will comply with these Terms.
c. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
d. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Platform.
7.2. Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
a. Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
b. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
c. Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
d. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms.
e. Be likely to deceive any person.
f. Promote any illegal activity, or advocate, promote or assist any unlawful act.
g. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
h. Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
i. Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
j. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
8. REAL ESTATE DISCLAIMER
Leaseably is not a licensed real estate broker in any state and does not broker real estate transactions. Leaseably does not act as a real estate agent for Landlords, tenants, Prospective Tenants, or any other User of the Platform or Services. Leaseably does not sell, buy, or negotiate the purchase, sale, or exchange of real property. Leaseably does not lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property.
Leaseably does not show properties; hold open houses; answer questions regarding listings (other than to confirm factual details contained in the listings), title, financing, closing, contracts, brokerage agreements or legal documents; discuss, explain, interpret, or negotiate contracts, listings, lease agreements or property management agreements; or negotiate or agree to any commission, commission split, management fee or referral fee.
9. THIRD-PARTY SERVICES
Goods and services of third-parties may be advertised and/or made available on or through the Platform. During use of the Platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of such third-parties. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.
Leaseably does not endorse any sites on the Internet that are linked through the Platform. Leaseably provides these links to you only as a matter of convenience, and in no event shall Leaseably be responsible for any content, products, or other materials on or available from such sites.
10.1. Links to the Platform
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The Platform may provide certain social media features that enable you to:
a. Link from your own or certain third-party websites to certain content on the Platform.
b. Send e-mails or other communications with certain content, or links to certain content, on the Platform.
c. Cause limited portions of content on the Platform to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us. Subject to the foregoing, you must not:
a. Establish a link from any website that is not owned by you.
b. Cause the Platform or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
c. Otherwise take any action with respect to the materials on the Platform that is inconsistent with any other provision of these Terms.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
10.2. Links from the Platform
If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
11. MISCELLANEOUS TERMS.
11.1. Modification of these Terms
Leaseably reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on the Platform, except as otherwise provided in these Terms. Any changes or updates will be effective immediately upon posting to the Platform. Your continued use of the Services and the Platform constitutes your agreement to abide by the Terms as changed.
11.2. Relationship of Parties
Nothing in these Terms shall constitute or be construed to be or create a partnership or joint venture between Landlord and Leaseably; Leaseably is and shall remain an independent contractor in connection herewith. Leaseably shall act solely as the agent of Landlord in the performance of its duties and obligations under this Agreement with respect to the Rental Unit only, and shall not exceed the authority granted by Landlord while this Agreement is in effect.
11.3. Disclaimer of Warranties
Your use of the platform, its content and all services obtained through the platform is at your own risk. The platform, its content and all services provided through the platform are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither Leaseably nor any person associated with Leaseably makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Platform. Without limiting the foregoing, neither Leaseably nor anyone associated with Leaseably represents or warrants that the Platform, its content or any services or items obtained through the Platform will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the platform or the server that makes it available are free of viruses or other harmful components or that the platform or services provided through the platform will otherwise meet your needs or expectations.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or any services or items obtained through the Platform or to your downloading of any material posted on it, or on any Platform linked to it.
Leaseably hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
11.4. Limitations on Liability
In no event will Leaseably, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Platform, any websites linked to it, any content on the Platform or Services provided through the Platform, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
You agree to defend, indemnify and hold harmless Leaseably, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Platform, including, but not limited to, your User Contributions and any use of the Platform's content other than as expressly authorized in these Terms or your use of any information obtained from the Platform.
You represent that your Rental Unit and any listing, advertisement, or other materials prepared in connection with leasing of the Rental Unit is in compliance with all deed restrictions, restrictive covenants, building codes, zoning restrictions and environmental laws, and any other law affecting your Rental Unit, including any existing fire, health, building, handicapped persons, environmental, sanitation, use and occupancy or zoning laws, ordinances, regulations and orders relating to the Rental Unit, including, but not limited to, The Fair Housing Act of 1988, the Americans With Disabilities Act, and all rules, regulations and guidelines promulgated thereunder.
Leaseably may transfer its rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.
When using the Platform and the Services, you agree to transact with us electronically, and that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Platform. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
11.9. Entire Agreement
At Leaseably’s sole discretion, it may require you to submit any disputes arising from the use of these Terms or the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Virginia law.
To the extent the parties are permitted under these Terms to initiate litigation in a court, any legal suit, action or proceeding arising out of, or related to, these Terms or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Virginia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
11.12. Choice of Law
All matters relating to the Platform and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Virginia without giving effect to any choice or conflict of law provision or rule (whether of the State of Virginia or any other jurisdiction).
11.13. Waiver and Severability
No waiver of by Leaseably of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Leaseably to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.