Terms and conditions
Last updated: November 10, 2021
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.
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.
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.
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.
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
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.
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.
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.
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.
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