Terms and conditions
Urstadt Biddle Properties Inc. Terms of Use
Last updated: November 10, 2021
Please read these Terms of Use (“terms of use”) carefully. These Terms of Use govern your access to and use of the WWW.UBPROPERTIES.COM WEBSITE, including all information, services and other content provided on thIs WEBSite (collectively, the “SITE”). By accepting these terms of use or by accessing and using the Site, you agree that: (1) you have read and agree to be bound by these Terms of Use, and (2) these Terms of Use constitute a binding agreement between you and urstadt biddle properties inc. (“ubp”). If you do not agree to these Terms of Use, you are not permitted to access or use the Site.
ARBITRATION NOTICE: These Terms of Use contain a binding arbitration agreement including a waiver of any right to participate in a class action lawsuit or class-wide arbitration. Please see the “Arbitration Agreement and Class Action Waiver” section below for additional details.
Minimum Age
You represent that you are at least 18 years of age (or the age of majority in the State in which you reside). If you are under the age of 18 (or the age of majority in the State in which you reside), but at least 13 years of age, you may use the Site only under the supervision of your legal guardian who has agreed to be bound by these Terms of Use. This Site is not intended for individuals under the age of 13, and you may not use this Site if you are under 13 years of age.
Privacy Policy
Please click here to view our Privacy Policy, which applies to personal information collected from, or provided by, you on the Site.
Modifications
UBP reserves the right to modify and update these Terms of Use, as well as any aspect of the Site at any time in its sole discretion. Your continued access to or use of the Site will constitute your acceptance of any modifications and updates made by UBP.
Tenant Portal
The Tenant Portal is a portion of the Site designed for property managers and owners to provide certain services to renters and potential renters (the “Services”). The Tenant Portal uses the COMMERCIALCafé technology platform, which is owned and operated by Yardi Systems, Inc.
UBP has no responsibility or liability for the failure of the Tenant Portal and the deletion of other content maintained or transmitted by the Tenant Portal. You are responsible for how you use the Tenant Portal. You agree that UBP shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Tenant Portal. The Tenant Portal tries to describe and display the features of the Services as accurately as possible; however, we do not warrant that all service descriptions, data, balances or other information on the Tenant Portal is accurate, complete, current or entirely error-free. The descriptions provided may depend on information given to us by others. In addition, the information on the Tenant Portal may contain typographical or other human errors and may not be complete or current despite our efforts. All Services features, including availability, functionality, data and other information, are subject to change at any time without notice. We may make changes to the Tenant Portal at any time and without notice. UBP reserves the right, with or without prior notice to take any of the following actions: (a) change or terminate all or any part of the Tenant Portal or Services; (b) restrict or terminate your access to all or any part of the Tenant Portal or Services; or (c) refuse, move, or remove any content that is available on the Tenant Portal or Services and any material that you submit to the Tenant Portal or Services. Certain features and aspects of the Services and Tenant Portal may be subject to additional terms, conditions, policies, disclosures, requirements, rules, guidelines or other technical and non-technical specifications in addition to those set forth in these Terms of Use.
Your Tenant Portal Account
You will be required to create a password-protected account (“Account”) to access certain content, features, functionality and Services on the Tenant Portal. You are not permitted to share, sell, distribute or otherwise transfer your Account or allow your Account login credentials to be used by any other individual. You are solely and fully responsible for safeguarding and maintaining the confidentiality of your Account, email address and password, and for restricting access to your computer or other device used to access your Account. You agree that you are solely and fully responsible for any activities or actions taken or that occur under your Account, whether or not authorized by you, including transactions. You agree to (a) notify UBP immediately of any unauthorized use of your Account login credentials or any other breach of security; and (b) immediately change your password, as appropriate, if you become aware that your Account has been compromised. UBP may terminate your Account and suspend your use of the Tenant Portal for any reason or no reason, without prior notice to you, including but not limited to if UBP suspects that your Account is being used in an unauthorized manner.
To use certain features of the Tenant Portal or the Services, you may be required to submit property listings, lease agreements, rental terms, postings, messages, text, images, photos, files, and other information, materials or documents (collectively, “Information and Materials”). You agree to: (a) provide true, accurate, current, and complete information as prompted by the Account registration form; and (b) maintain and update such information to keep it true, accurate, current and complete at all times. You represent and warrant to UBP that: (a) your Information and Materials do not and will not, directly or indirectly, infringe or breach any duty toward or rights of any person or entity, including without limitation any Fair Housing right, or otherwise violate the Acceptable Use Policy provisions of these Terms of Use; (b) you have the right to submit and use your Information and Materials in the manner you have done so; and (c) any information you provide to UBP is accurate, current and complete and that you will maintain and promptly update your information to keep it accurate, current and complete. UBP reserves the right to delete your Account and terminate and/or refuse any and all current or future use of the Site (or any portion thereof) without notice if you are found to have misrepresented your age, identity or any other information submitted in connection with your Account, or if UBP has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current. UBP cannot and will not be liable for any loss or damage from your failure to comply with these Terms of Use. UBP may investigate and pursue legal action for violations of the Terms of Use to the fullest extent of the law.
Payments and Agreements
Payments you submit through the Tenant Portal, including rental deposits, rental payments or any other transactions are subject to any relevant lease agreement (“Tenant Agreement”), which may set out further terms applying to such payments (including in relation to refunds (if any), billing arrangements and any consequences of failing to make timely payments). You must comply with all terms of such Tenant Agreement, including in relation to such payments by you. You understand and agree that regardless of the payment amount and charge date you schedule using the Tenant Portal, you are responsible for complying with all of the terms and conditions of such Tenant Agreement. You represent and warrant that you are authorized to conduct all of your transactions or actions on the Tenant Portal. When you add a payment method to the Tenant Portal, you authorize electronic payment(s) from that payment method as scheduled. We may terminate or suspend your ability to make payments with the Services at any time in our sole discretion; if we so terminate, you remain responsible to make timely payments under the Tenant Agreement. You understand and agree that when you utilize the Services, the counterparty to any relevant Tenant Agreement retains its rights under the relevant Tenant Agreement and applicable law.
You may take advantage of certain aspects of the Services that have a charge associated with them; these fees may be collected directly from you as provided in the Tenant Portal or the Services, and you acknowledge these fees are subject to change. The processing of payments will be subject to the terms, conditions and policies of any relevant third-party payment provider, and UBP is not responsible for any error by such third-party payment providers.
Site Content
The Site, including all information, services, images, logos, trademarks, graphics, software, and other content made available by UBP on the Site (collectively, the “Site Content”) are the sole property of UBP, its affiliates or their licensors and are protected by copyright, trademark and other laws, both in the United States and in other countries. You may not reproduce, modify, republish, distribute, resell, broadcast, reverse-engineer, create derivative works from or otherwise exploit in any manner, in whole or in part, the Site Content, except to the extent expressly permitted by UBP. You may download and copy Site Content made available to you on the Site for your personal and noncommercial use, provided that you keep intact any copyright or other proprietary notices displayed therein. Except for this limited license, UBP does not convey any interest in or to the Site Content. All rights not expressly granted herein are reserved by UBP, its affiliates or their licensors.
Third-Party Services
The Site may include links to or plug-ins of third-party websites, apps or services that may be operated by companies not affiliated with UBP. The inclusion of such links or plug-ins on the Site is provided solely as a convenience to you, and UBP makes no representations or warranties regarding any such third-party website, app or service. If you choose to click on any link to or plug-in of a third-party website, app or service, you understand that you are connecting directly to the third-party website, app or service and will be subject to any terms of use, policies and privacy practices of such third party. You acknowledge and agree that UBP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party websites, apps or services.
Property Listings
The Site contains information regarding UBP, including property listings. Although UBP attempts to ensure the accurateness of property-related and other information on the Site, it makes no guarantees as to the correctness or accuracy of such property listings or other information. Any liability for reliance on such listings is expressly disclaimed. Contact us or our brokers directly for information on properties.
Acceptable Use Policy
You agree that you will not submit any User Material or use the Site in a manner that: (1) is obscene, inappropriate, threatening, harassing, abusive, tortious, false, fraudulent, misleading, inaccurate, deceptive, libelous, slanderous, defamatory, vulgar, profane, obscene, pornographic, invasive of privacy, infringing of privacy or publicity rights, unlawful or is otherwise injurious to third parties; (2) constitutes a criminal offense, gives rise to civil liability, or otherwise violates any local, state, national, or international law; (3) contains computer viruses, malware, bots, worms, Trojan horses or other harmful, disruptive, or destructive materials that limit the functionality of any computer software, hardware, or telecommunications equipment; (4) includes advertisements, promotional materials, spam, junk mail, pyramid schemes or other forms of solicitation; (5) impersonates another person or entity or falsely states or misrepresents your affiliation with a person or entity; (6) attempts to or disguises the origin of any User Material submitted to the Site; (7) implies UBP’s endorsement of your content; (8) restricts or interferes with any other User’s ability to use or enjoy the Site, as determined by UBP in its sole discretion; (9) tampers with registration information, Accounts, submissions or content of other Users; (10) uses any robot, spider, scraper or other automated means or interface not provided by UBP to access the Site; (11) extracts data or gathers or uses information available through the Site through any means not intentionally made available or provided for through the Site; (12) infringes or alleges to be infringing upon a third party’s intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party, including, without limitation, any content that is the subject of any third-party claim of infringement; (13) violates contractual or fiduciary relationships; or (14) violates these Terms of Use or uses the Site in any manner that is inconsistent with the purposes or objectives of the Site, as determined in good faith by UBP. UBP reserves the right to suspend or terminate your access to the Site immediately, without prior notice or liability, under UBP’s sole discretion, for any reason and without limitation, including but not limited to a breach of the Terms of Use, and seek other legal or equitable remedies, upon becoming aware of any violation of this Acceptable Use Policy by you. UBP reserves the right to prohibit any website from linking to the Site. You may not frame or utilize framing techniques to enclose any content on the Site without UBP’s written consent.
Warranty Disclaimer
The Site and its content are provided on an “as is” and “as available” basis. UBP makes no representations or warranties of any kind regarding: (1) the SITE content, including but not limited to (A) the accuracy, completeness, security, availability or timeliness of The SITE content, or (B) the results obtained OR TO BE OBTAINED from The SITE CONTENT; or (2) the absence of any malware or other harmful code on The SITE or within any Site content. UBP, its affiliates and licensors disclaim all warranties, express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement and fitness for a particular purpose.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND ACCORDINGLY, THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE A CONSUMER, ANY STATUTORY RIGHTS THAT CANNOT BE WAIVED BY YOU ARE UNAFFECTED BY THIS SECTION.
Limitation of Liability
In no event will UBP, its affiliates or licensors be liable to you for any direct, incidental, indirect, exemplary, punitive, special, or consequential damages, OR lost revenues or profits, arising out of or related to your use OF the Site, whether based on warranty, contract, tort, delict or any other legal theory and whether or not UBP has been advised of the possibility of such damages.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, UBP’s LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE maximum EXTENT PERMITTED BY THE LAWs OF SUCH JURISDICTION.
Indemnity
You agree to indemnify, defend and hold harmless UBP and its affiliates, and each of their respective officers, directors, employees, agents, contractors, suppliers and representatives, from and against all claims, losses, expenses, damages, fines, penalties and other costs, including reasonable attorney fees, arising out of or related to (1) your use or misuse of the Site, including any Site Content; (2) your breach of these Terms of Use; or (3) any User Materials submitted by you to the Site. UBP reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section, in which event you agree to cooperate with any reasonable requests assisting our defense of such matter.
Forward-Looking Statements
Certain statements contained on the Site may constitute “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements involve known and unknown risks, uncertainties and other factors which may cause the actual results, performance or achievements of the company to be materially different from any future results, performance or achievements expressed or implied by such forward-looking statements. Such factors include, among other things, risks associated with the timing of and costs associated with property improvements, financing commitments and general competitive factors.
Governing Law
All questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by and construed in accordance with the domestic laws of the State of Connecticut, without giving effect to any choice of law or conflict of law. You hereby irrevocably consent to the exclusive jurisdiction of the federal and state courts in Connecticut for all disputes relating to the Site, and waive any objections to the use of such courts as the venue for any such dispute.
Binding Arbitration and Class Action Waiver
To the fullest extent permitted by law, you and UBP agree to arbitrate any controversy, claim or dispute arising out of or in any way related to your use of the Site, including but not limited to claims based on contract, tort, negligence, statutory or regulatory provisions. EACH PARTY IS GIVING UP ITS RIGHT TO SUE IN COURT AND TO HAVE ANY CONTROVERSY, CLAIM OR DISPUTE HEARD BY A JUDGE OR JURY.
YOU AND UBP EXPRESSLY AGREE TO ARBITRATE ANY CONTROVERSY, CLAIM OR DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE SITE. THIS AGREEMENT TO ARBITRATE ALSO APPLIES TO THRESHOLD ARBITRABILITY ISSUES, INCLUDING ISSUES RELATED TO WHETHER THIS AGREEMENT TO ARBITRATE IS UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION. YOU ALSO AGREE THAT ANY ARBITRATION MAY ONLY BE BROUGHT IN YOUR AND OUR INDIVIDUAL CAPACITIES, NOT AS A CLASS, PURPORTED CLASS OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL OR ENTITY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
The mutual promise by you and UBP to arbitrate any and all disputes, and to do so on an individual basis, rather than to litigate before the courts or other bodies, provides the mutual consideration for this agreement to arbitrate.
Either party may exercise the right to arbitrate by providing the other party with written notice of any and all claims forming the basis of such right in sufficient detail to inform the other party of the substance of such claims. In no event shall the request for arbitration be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations.
Unless you and UBP otherwise agree, the arbitration will be conducted in the county where you reside by a single neutral arbitrator and in accordance with the then current rules for resolution of disputes of the American Arbitration Association (AAA) (available online at www.adr.org). The parties are entitled to representation by an attorney or other representative of their choosing. The parties agree to abide by and perform any award rendered by the arbitrator. The arbitrator shall issue the award in writing and therein state the essential findings and conclusions on which the award is based. Judgment on the award may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. UBP will reimburse those fees up to $7,500, unless the arbitrator determines the claims are frivolous. Likewise, UBP will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
NOTWITHSTANDING THE ABOVE, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE EARLIER OF: (1) THE DATE YOU REGISTER FOR AN ACCOUNT, OR (2) THE DATE YOU FIRST SIGNED AN AGREEMENT WITH UBP THAT CONTAINED AN ARBITRATION PROVISION. The opt-out notice must be postmarked no later than the applicable deadline and mailed to Attention: Legal Department at 321 Railroad Avenue, Greenwich, CT 06830. The opt-out notice must state that you do not agree to this arbitration provision and must include the name, address, phone number and email address associated with your Account. You must sign the opt-out notice in order for it to be effective. This procedure is the only way you can opt out of this arbitration provision; failure to comply strictly with this procedure and the applicable deadline automatically will render the opt-out notice null and void. If you opt out of the arbitration provision, all other parts of these Terms of Use will continue to apply.
General
To the extent any portion of these Terms of Use is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use, as modified, will remain in full force and effect. This is the entire agreement between you and UBP relating to the subject matter herein and supersedes and replaces any prior agreements we might have had between us regarding the Site. All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. UBP’s failure to enforce any right or provision of the Terms of Use will not be considered a waiver of its rights.
Electronic Communications. These Terms and any other documentation, agreements, notices, or communications between you and Company may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
How To Contact Us
If you have any questions about these Terms of Use, please contact us at info@ubproperties.com.
