Terms of Service
Last Updated: November 2, 2025
Welcome to Landlord ("Landlord", "FacilityScan", "we", "our", or "us"). We are excited to provide you with the software and services that can assist you with managing your self-storage business. These self-storage software solutions are accessible through our website landlord.place and associated domains of landlord.place and other custom domains, related software, content, and services, including all versions and upgrades thereto, and any third-party services that we may procure on your behalf (collectively, the "Services").
BEFORE YOU START USING OUR SOFTWARE AND SERVICES, PLEASE CAREFULLY READ THE FOLLOWING TERMS OF SERVICE ("Terms") TO UNDERSTAND HOW OUR COMPANY WORKS AND YOUR OBLIGATIONS AS A USER OF OUR SOFTWARE AND SERVICES. BY USING OUR SERVICES, REGISTERING FOR AN ACCOUNT, OR OTHERWISE ACCESSING OUR SERVICES YOU OTHERWISE YOU AGREE TO BE BOUND BY THE TERMS. IF ENTERING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY YOU AFFIRM THAT YOU HAVE AUTHORIZATION AND LAWFUL ABILITY TO BIND SUCH ENTITY TO THESE TERMS. IN THIS CASE, "YOU" REFERS TO SUCH ENTITY. WITHOUT SUCH AUTHORITY OR IF YOU DO NOT AGREE WITH THE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
We may, at our discretion, update these Terms at any time.
Acceptance of Terms
By using our software and services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our software and services. These Terms constitute a binding agreement between you and our company. The use and access of the services is subject to the Landlord Privacy Policy (the "Privacy Policy") and other policies relating to the services ("Additional Terms") which are incorporated by reference. By using our software and services, you agree to be bound by the Additional Terms.
Landlord Privacy Policy: https://uselandlord.com/privacy/
Our company provides software and services designed to assist with the management of self-storage facilities. These services may include the following:
- Online rental payments and account management
- Inventory tracking and management
- Automated billing and invoicing
- Customer service tools
- Reporting and analytics
- Any other software and services offered by Landlord
Our company reserves the right to modify or discontinue any aspect of our software and services at any time without notice to you.
Personal Information
Acknowledgment and Consent to Information Collection: By accessing or using our Services, you hereby acknowledge and agree that Landlord may receive certain information about you, including personal information, and may collect, use, disclose, store, and process such information in accordance with these Terms.
Registration Obligations: By registering for our Services, you agree to provide truthful, accurate, current, and complete information about yourself, which we refer to as "Registration Data." You further agree to maintain and promptly update the Registration Data to ensure that it remains truthful, accurate, current, and complete. If you provide any Registration Data that is untrue, inaccurate, not current, or incomplete, or if Landlord reasonably suspects that you have done so, Landlord may suspend or terminate your account.
Account Security: You shall not share your account or password with any third party. You are solely responsible for all activities that occur under your account, whether or not you authorized such activities or users, and regardless of your knowledge of such activities. You agree to immediately notify Landlord of any unauthorized use of your account, password, or any other security breach.
Content Responsibility
Responsibility for Content: You acknowledge and agree that all information, data, data records, databases, text, software, music, sounds, photographs, images, graphics, videos, messages, scripts, tags, and other materials accessible through our Services, whether publicly posted or privately transmitted (collectively, "Content"), are the sole responsibility of the person from whom such Content originated. This means that you, and not Landlord, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through our Services ("Your Content"), and other users of our Services, and not Landlord, are similarly responsible for all Content they upload, post, email, transmit or otherwise make available through our Services ("User Content"). To the extent that you submit any Content, you represent and warrant that: (i) you have all necessary rights and authority to grant the rights set forth in these Terms with respect to Your Content; and (ii) Your Content does not violate any duty of confidentiality owed to another party or any copyright, trademark, right of privacy, right of publicity, or any other right of any other party. You acknowledge and agree that our Services are not intended as a data warehouse, and Landlord has no obligation to make redundant copies of or to back up Your Content. You are solely responsible for backing up Your Content should you feel the need to do so. You acknowledge and agree that you may not have access to Your Content through our Services following the expiration or termination of these Terms.
Restrictions on Content: You shall not upload, post, email, transmit or otherwise make available any Content that: (i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or otherwise objectionable; (ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages or any other form of solicitation; (v) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware; or (vi) consists of information that you know or have reason to know is false or inaccurate.
Support
Except as stated on our website or as explicitly agreed in any applicable Additional Terms, Landlord has no obligation to provide you with any support for the Services, and Landlord makes no specific service level guarantees. If Landlord voluntarily provides you with any support beyond the basic descriptions or that is not explicitly agreed in any applicable Additional Terms, such support shall not be deemed a commitment by Landlord to provide you with support in the future, and Landlord may choose, at its sole discretion, to discontinue such support at any time and for any reason without any liability to you.
Acceptable Use of Services
You agree to use our software and services in compliance with all applicable laws, regulations, and these Terms. You are solely responsible for any content, data, or other materials that you upload or transmit using our software and services. You represent and warrant that you have all necessary rights and permissions to use, store, and transmit any content, data, or other materials using our software and services.
You acknowledge that our company has no control over the content or data that you or other users may upload or transmit using our software and services, and our company disclaims any liability for such content or data.
You agree not to use our software and services for any illegal or unauthorized purpose. You expressly agree that you will NOT use the Services to:
- Violate any local, state, national, or international law, statute, ordinance, rule, or regulation;
- Infringe on any third-party rights, including intellectual property rights, privacy rights, or contractual rights;
- Transmit, distribute, or store any viruses, worms, malware, ransomware, spyware, or other harmful, disruptive, or destructive files or code;
- Collect, harvest, or store personal information of other users without their express consent;
- Interfere with, disrupt, or create an undue burden on the Services or networks connected to the Services;
- Attempt to gain unauthorized access to the Services, other user accounts, computer systems, or networks connected to the Services through hacking, password mining, or any other means;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Send unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or any other form of solicitation;
- Harass, threaten, stalk, abuse, or harm another person or entity;
- Engage in any activity that is illegal, fraudulent, false, or misleading;
- Export, re-export, or transfer the Services in violation of any export or import laws or regulations;
- Use the Services for competitive research, analysis, benchmarking, or to develop competing products or services;
- Resell, lease, rent, sublicense, or otherwise commercialize access to the Services without our express written permission;
- Engage in any data mining, data harvesting, data extracting, screen scraping, or any similar activity in relation to the Services;
Audit and Compliance
Landlord reserves the right to audit your use of the Services to ensure compliance with these Terms. You agree to provide reasonable cooperation and access to information as may be requested by Landlord to verify compliance. Upon reasonable notice, Landlord may require you to certify in writing that your use of the Services complies with these Terms. Any audit revealing non-compliance may result in immediate termination and you will be responsible for Landlord's reasonable costs of conducting the audit.
Suspension Rights
Landlord reserves the right to suspend or restrict your access to the Services immediately and without notice if: (i) we reasonably believe you are in violation of these Terms; (ii) your use of the Services poses a security risk or could adversely impact the Services or other users; (iii) you are using the Services for fraudulent or illegal purposes; (iv) we are required to do so by law or legal process; or (v) your account is delinquent on payment. We will use reasonable efforts to notify you of any suspension, but are not obligated to do so.
Fees and Payments
Our company may charge fees for certain software and services provided to you. You agree to pay all fees and charges associated with your use of our software and services.
You shall assume full responsibility for any charges related to data usage, communication services, and other charges imposed by your mobile, internet, cable or any other communication services provider in connection with your access to and use of the Services provided by Landlord. The Services offer certain features for free, but additional fees may apply to access premium features and other components. Upon accessing or using any portion of the Services that requires payment, you agree to pay the applicable fees.
You agree to pay the specified fees for all Services you use and authorize Landlord to charge your designated payment method for the monthly plan level selected by you and any other charges incurred in connection with your use of the Services. To use the Services on a monthly basis, you may be required to provide a valid credit card or ACH account. Fees for the Services are billed in advance on a monthly basis and are non-refundable. No refunds or credits will be given for partial months or unused months with an open account. Landlord reserves the right to change the rates by giving you at least thirty (30) days' prior notice. Such notice may be provided by posting the changes on our website or by email.
The service period for each selected Service will commence on the day your payment method is charged, and it will continue until the day before your next scheduled charge. If you fail to cancel any applicable Services at least forty-eight (48) hours before your next scheduled charge, your payment method will be charged. Failure to make payment in full and on time may result in suspension or termination of your access to the Services.
Payment Processing by Landlord
Landlord provides an optional feature called "Landlord Payments" as part of our Services. The payment processing services for Landlord Payments are provided by Stripe, Inc. ("Stripe"). By using Landlord Payments for processing payments, you agree to be bound by Stripe's Services Agreement (available at https://stripe.com/legal/ssa) and Stripe's Connected Account Agreement (available at https://stripe.com/legal/connect-account), as applicable, and as the same may be modified by Stripe from time to time. You also acknowledge and agree to Stripe's Privacy Policy (available at https://stripe.com/privacy) regarding the collection, use, and disclosure of your personal and financial information. If you do not agree to Stripe's terms of service and privacy policy, you must arrange alternative payment methods directly with the property and may not use Landlord Payments for processing transactions.
As a condition of Landlord enabling payment processing services through Stripe, you agree to provide Landlord accurate and complete information about you and your business, and you authorize Landlord to share such information and transaction information related to your use of the payment processing services provided by Stripe. This includes, but is not limited to, business information, financial information, and personal identification information necessary to comply with Know Your Customer (KYC) and Anti-Money Laundering (AML) requirements.
Landlord acknowledges its responsibility for the protection of all cardholder data that it possesses or otherwise stores, processes, or transmits on behalf of our customers. Landlord is in compliance with all requirements of the PCI DSS and has implemented appropriate data protection measures to ensure a level of security commensurate with the risks. By using Landlord Payments, you authorize Stripe to hold, receive, and disburse funds on your behalf in accordance with your instructions as communicated through the Services.
Intellectual Property Rights and Restrictions
Ownership and Protection
Landlord and its licensors own all right, title, and interest, including all intellectual property rights, in and to the Services, including but not limited to: (i) all software, technology, designs, user interfaces, screen displays, visual interfaces, graphics, images, text, data, source code, object code, algorithms, methods, know-how, trade secrets, and documentation; (ii) all patents, copyrights, trademarks, service marks, trade dress, trade secrets, and other intellectual property rights; (iii) all modifications, improvements, enhancements, and derivative works thereof; and (iv) all goodwill associated therewith. The Services are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property laws and treaties. All rights not expressly granted to you in these Terms are reserved by Landlord.
Strict Usage Restrictions
You expressly agree that you will NOT, and will not permit any third party to:
- Copy, reproduce, distribute, publicly display, publicly perform, make available, or create derivative works of the Services or any portion thereof, except as expressly permitted in these Terms.
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive, discover, or reconstruct the source code, underlying ideas, algorithms, file formats, programming interfaces, or non-public APIs of the Services or any software, documentation, or data related to the Services.
- Remove, obscure, or alter any proprietary notices (including copyright, trademark, and patent notices) that may be affixed to or contained within the Services.
- Use the Services to build, train, or improve (directly or indirectly) a substantially similar or competitive product or service, or for any competitive analysis or benchmarking purposes.
- Access the Services for the purpose of monitoring the availability, performance, functionality, or for any other benchmarking or competitive purposes without Landlord's prior written consent.
- Use any robot, spider, scraper, deep link, or other similar automated data gathering or extraction tools, program, algorithm, or methodology to access, acquire, copy, or monitor the Services or any portion thereof.
- Frame, mirror, or otherwise incorporate any part of the Services into any other website, product, or service without Landlord's prior written express consent.
- Attempt to circumvent, disable, or interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or that enforce limitations on use.
- Probe, scan, or test the vulnerability of the Services or any network connected to the Services, nor breach the security or authentication measures on the Services.
- Take screenshots, record video, or capture any visual or functional elements of the Services for purposes other than your own internal business use as a legitimate customer.
- Share, publish, distribute, or provide access to the Services (including demo accounts) to any third party, including competitors, consultants, contractors, or advisors, without Landlord's express written permission.
- Use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use of the Services.
Prohibition on Competitive Use
You acknowledge and agree that if you are a competitor of Landlord (including any individual or entity that develops, markets, sells, or distributes software or services that compete with or are substantially similar to Landlord's Services), or if you are acting on behalf of a competitor, you are strictly prohibited from accessing or using the Services, including any demo, trial, or free tier, without Landlord's prior written consent. Landlord reserves the right, in its sole discretion, to refuse service, terminate accounts, or deny access to anyone, especially to protect against competitive intelligence gathering, feature replication, or intellectual property theft.
Demo, Trial, and Evaluation Use Restrictions
If you are accessing the Services through a demo, trial, free tier, or evaluation period: (i) your use is limited solely to evaluating the Services for your own potential use as a bona fide customer; (ii) you may not use the Services for any productive, commercial, or competitive purposes; (iii) you may not share access credentials or permit others to access your account; (iv) you may not extract, copy, or replicate any features, functionality, designs, or other elements of the Services; (v) you acknowledge that demo and trial accounts may be monitored, and Landlord may terminate access at any time if it suspects misuse, competitive intelligence gathering, or violation of these Terms; and (vi) any feedback, suggestions, or ideas you provide about the Services become the sole property of Landlord without any obligation or compensation to you.
User Content License
You retain all intellectual property rights in any content, data, or other materials that you upload or transmit using the Services ("User Content"). However, by uploading or transmitting User Content, you grant Landlord and its service providers a non-exclusive, worldwide, royalty-free, fully-paid-up, sublicensable, and transferable license to use, reproduce, modify, adapt, process, store, display, and distribute such User Content solely as necessary to: (i) provide, maintain, and improve the Services; (ii) prevent or address service, security, or technical issues; (iii) comply with applicable laws and regulations; and (iv) enforce these Terms. This license terminates when you delete your User Content from the Services, except to the extent the User Content has been shared with others and they have not deleted it, or as required for legal or backup purposes.
Monitoring and Enforcement
Landlord reserves the right, but has no obligation, to monitor use of the Services to ensure compliance with these Terms. Landlord may use technical measures, including but not limited to tracking access patterns, IP addresses, user behavior analytics, and session recordings, to detect and prevent unauthorized use, competitive intelligence gathering, or intellectual property theft. Any violation of these intellectual property restrictions may result in immediate termination of your access without notice, and Landlord may pursue all available legal remedies, including injunctive relief and monetary damages.
DMCA and Copyright Infringement
Landlord respects the intellectual property rights of others and expects users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement through the Services, please provide our designated copyright agent with the information specified in the Digital Millennium Copyright Act ("DMCA"). Our designated copyright agent for notice of claims of copyright infringement can be reached at: support@uselandlord.com.
Confidentiality and Non-Disclosure
Definition of Confidential Information
"Confidential Information" means all non-public information disclosed by Landlord to you, whether orally, in writing, electronically, or by any other means, including but not limited to: (i) the Services, including all features, functionality, user interfaces, designs, workflows, algorithms, and underlying technology; (ii) business plans, strategies, methods, customer data, financial information, and marketing plans; (iii) technical information, including source code, object code, APIs, data models, and system architectures; (iv) these Terms and any pricing information; (v) any performance data, benchmarks, or analytics related to the Services; (vi) any feedback, suggestions, or ideas you provide about the Services; and (vii) any other information that is marked or identified as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.
Confidentiality Obligations
You agree to: (i) hold all Confidential Information in strict confidence; (ii) not disclose Confidential Information to any third party without Landlord's prior written consent; (iii) not use Confidential Information for any purpose other than as necessary to use the Services as a legitimate customer in accordance with these Terms; (iv) protect Confidential Information using the same degree of care you use to protect your own confidential information, but in no event less than reasonable care; (v) limit access to Confidential Information to your employees and contractors who have a legitimate need to know and who are bound by confidentiality obligations at least as protective as those in these Terms; and (vi) immediately notify Landlord upon discovery of any unauthorized use or disclosure of Confidential Information.
Exclusions from Confidential Information
Confidential Information does not include information that: (i) is or becomes publicly available through no breach of these Terms by you; (ii) was rightfully in your possession prior to disclosure by Landlord, as evidenced by your written records; (iii) is rightfully received by you from a third party without breach of any confidentiality obligation; or (iv) is independently developed by you without use of or reference to Landlord's Confidential Information.
Compelled Disclosure
If you are compelled by law, regulation, or court order to disclose Confidential Information, you must: (i) promptly notify Landlord in writing before making such disclosure; (ii) cooperate with Landlord if it seeks a protective order or other appropriate remedy; and (iii) disclose only the minimum amount of Confidential Information required by the compulsion.
Remedies for Breach
You acknowledge that the Confidential Information is valuable and unique, and that disclosure in breach of these Terms will result in irreparable injury to Landlord for which monetary damages would be an inadequate remedy. Therefore, Landlord shall be entitled to seek equitable relief, including injunction and specific performance, in addition to all other remedies available at law or in equity, without the necessity of posting a bond. This confidentiality obligation survives termination of these Terms for a period of five (5) years.
Disclaimer of Warranties
Our company provides our software and services "as is" and without any warranties, express or implied. Our company disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability
THE LANDLORD PARTIES SHALL NOT BE HELD LIABLE FOR ANY LOST PROFITS OR COST OF COVER, OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS, OR FINANCIAL LOSS, EVEN IF THE LANDLORD PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL THE LANDLORD PARTIES' TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES EXCEED THE GREATER OF FIFTY DOLLARS ($50) OR THE AMOUNT PAID BY YOU TO LANDLORD FOR ACCESS TO THE SERVICES WITHIN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM AROSE.
Indemnification
You agree to indemnify and hold harmless Landlord, its affiliates, and their respective officers, directors, employees, and agents from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of our software and services, any content, data, or other materials uploaded or transmitted by you using our software and services, or your violation of these Terms.
Termination
Landlord may terminate these Terms, subject to the Additional Terms, with immediate effect and without notice to you if you violate any of the terms and conditions herein. Upon such termination, you must immediately discontinue your use of the Services and Landlord may, in its sole discretion, remove and delete any content submitted by you and terminate your user account. Notwithstanding such termination, any provisions of these Terms which are intended to survive termination shall continue to apply, and all other rights granted to you under these Terms shall immediately cease. It is your responsibility to properly cancel your account, which can be done at any time by contacting Landlord via email or telephone.
Governing Law and Dispute Resolution
The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded specifically from these Terms. These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in Dover, Delaware, without giving effect to any principles of conflicts of law.
Rights to Content
Landlord acknowledges that the user retains ownership of any content uploaded to the Services. However, the user grants Landlord and its service providers a worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, and transferable license to use, reproduce, modify, adapt, create derivative works, publicly perform, publicly display, distribute, make and have made the user's content as necessary to (i) provide access to the Services to the user and other users and (ii) monitor and improve the Services. If the user has made their content accessible to others within their organization through the Services, the user acknowledges and agrees that Landlord may continue to make the content accessible to others within the organization through the Services even after the user has deleted their user account or the applicable portion of their content from their user account.
The user acknowledges and agrees that, as between the user and Landlord, Landlord owns all rights, title, and interest (including all intellectual property rights) in the Services and all improvements, enhancements, or modifications thereto, including all content and other materials therein. The Services are protected by U.S. and international copyright, trademark, patent, and other intellectual property laws and treaties. Landlord reserves all rights not expressly granted to the user.
As used herein, "Aggregate Data" means the user's content that has been aggregated in a manner that does not reveal any personal information and cannot reasonably be used to identify the user, their organization, or its customers or vendors as the source of such data. The user acknowledges and agrees that Landlord may collect or generate Aggregate Data in connection with providing access to or use of the Services, and, subject to the user's provision of consent, the user hereby grants Landlord and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, and transferable license to use, reproduce, modify, adapt, create derivative works, publicly perform, publicly display, distribute, make and have made Aggregate Data (in any form and any medium, whether now known or later developed) for any lawful purpose.
Except with respect to the user's content and subject to the limited rights expressly granted to the user, the user may not: (i) use, reproduce, modify, adapt, create derivative works, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer, or otherwise grant rights to the Services; (ii) reverse engineer, disassemble, decompile, or translate, or otherwise attempt to derive the source code, architectural framework, or data records of any software within or associated with the Services; (iii) frame or utilize any framing technique to enclose any content; (iv) access the Services for the purpose of developing, marketing, selling, or distributing any product or service that competes with or includes features substantially similar to the Services or any products or services offered by Landlord; (v) rent, lease, lend, sell or sublicense the Services or otherwise provide access to the Services as part of a service bureau or similar fee-for-service purpose; (vi) remove or obscure any proprietary notice that appears within the Services; or (vii) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person or that violates any applicable law.
The user acknowledges and agrees that Landlord may record calls between the user or their agents and Landlord (or between the user's current or prospective tenants and Landlord) for quality assurance and training purposes, including when a call is placed on hold ("Call Recordings"). Any Call Recordings are Landlord's sole and exclusive property and may be retained or destroyed by Landlord at its sole discretion. Landlord may use Call Recordings for any lawful business purpose, in accordance with its Privacy Policy. Unless otherwise required by applicable law, rule, regulation or court order, Landlord has no obligation to provide you with any Call Recordings.
You acknowledge that the Services, these Terms, Call Recordings, and any other confidential information provided by Landlord constitutes valuable proprietary information and trade secrets ("Confidential Information"). You agree to preserve the confidential nature of any Confidential Information you receive by retaining and using it in confidence. You may use Confidential Information solely for your internal business use in connection with your use of Services, and you may not provide such Confidential Information to any third party, except with Landlord's prior written consent.
Suggestions; Comments; Feedback
If you choose to provide or make available any suggestions, comments, ideas, improvements or other feedback relating to the Services ("Suggestions") to Landlord, you hereby grant Landlord and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights in your Suggestions in any form and any medium (whether now known or later developed), without credit or compensation to you.
Binding Arbitration and Class Action Waiver
ALL CLAIMS (AS DEFINED IN ABOVE) SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT (DEFINED FOR THE PURPOSES OF THESE TERMS AS A COURT OF LIMITED JURISDICTION THAT MAY ONLY HEAR CLAIMS NOT EXCEEDING $5,000) IF YOUR CLAIMS ARE WITHIN THE COURT'S JURISDICTION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
The arbitration shall be conducted by the American Arbitration Association (AAA) under its then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules. The AAA's rules are available at http://www.adr.org/. The arbitrator will, among other things, have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any Claims. Payment of all filing, administration and arbitrator fees shall be governed by the AAA's rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that such hearing shall be conducted in Dover, Delaware or, if the Consumer Arbitration Rules apply, another location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, as determined by the arbitrator. The decision of the arbitrator on all matters relating to the Claim shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
WE EACH AGREE THAT ALL CLAIMS (AS DEFINED ABOVE) SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS AND EXPRESSLY WAIVE ANY RIGHT TO HAVE A CLAIM DETERMINED OR RESOLVED ON A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE BASIS. IF FOR ANY REASON THE PROVISIONS OF THE PRECEDING SENTENCE ARE HELD TO BE INVALID OR UNENFORCEABLE IN A CASE IN WHICH CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE CLAIMS HAVE BEEN ASSERTED, THE PROVISIONS OF THIS SECTION SHALL LIKEWISE BE UNENFORCEABLE AND NULL AND VOID. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION IN DOVER, DELAWARE. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.
Notwithstanding anything to the contrary, you and Landlord may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth in this Section.
If Landlord implements any material change to this Section, such change shall not apply to any Claim for which you provided written notice to Landlord before the implementation of the change.
Links and Connections
You acknowledge and agree that Landlord may, in its sole discretion and without notice, include links or other connections on your website to other websites or resources. Landlord does not endorse and is not responsible for any content, advertising, products, services or other materials on or available through such sites or resources ("External Materials"). External Materials are subject to different terms of use and privacy policies. You are responsible for reviewing and complying with such terms of use and privacy policies. You further acknowledge and agree that Landlord shall not be liable for any damage or loss resulting from or arising out of use of or reliance on any External Materials accessed through such links or connections on your website. You agree to indemnify, defend, and hold Landlord harmless from any and all claims, damages, liabilities, costs, and expenses arising from or relating to your use of any such links or connections on your website.
Legal Compliance
You represent and warrant that neither you nor any of your employees, agents or affiliates are located in, under the control of, or a resident of a country that is subject to any U.S. Government embargo or has been designated by the U.S. Government as a "terrorist supporting" country. You further represent and warrant that you and your employees, agents or affiliates are not listed on any U.S. Government list of prohibited or restricted parties, including but not limited to the Specially Designated Nationals List, the Denied Persons List, and the Entity List. If at any time during your use of the Services, you or any of your employees, agents or affiliates become subject to any of the above restrictions, you agree to immediately cease using the Services and notify Landlord in writing.
Miscellaneous
These Terms constitute the entire agreement between you and our company regarding your use of our software and services. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Our company may assign or transfer these Terms, in whole or in part, without restriction. You may not assign or transfer these Terms without our prior written consent.
Contact Us
If you have any questions about these Terms or our software and services, please contact us at +1 (469) 717 6961 or support@uselandlord.com.
DeepRent LLC
support@uselandlord.com
(469) 717 6961
1207 Delaware Ave
Wilmington DE 19806 United States
