Terms of Use
Effective as of November 1, 2021.
ACCEPTANCE OF THE TERMS OF USE
These terms of use are entered into by and between You and Leasing Flow Inc. ("Leasing Flow", “we”, or “us”, “our”). The following Terms of Use apply when you view or use Leasing Flow service (the “Service”) located at www.leasingflow.com. Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Service.
PRIVACY POLICY
Leasing Flow respects the privacy of its users. Please refer to Leasing Flow Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to this Privacy Policy.
REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
You need to be at least 18 years old to register for and use the Service. If you are a user who signs up for the Service, Leasing Flow will create a personalized account, which includes a unique username and a password to access the Service and allow you to receive messages from Leasing Flow.
POSTING AND CONDUCT RESTRICTIONS.
When you create your own personalized account, you may be able to provide ("User Content"). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. Leasing Flow, however, reserves the right to remove any User Content from the Service at its discretion.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
- You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
- You will not post information that is malicious, false or inaccurate, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- You will not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; or any illegal activity, or advocate, promote or assist any unlawful act.
- You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
- You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Use, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. Leasing Flow is not responsible for any public display or misuse of your User Content. Leasing Flow does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or the technology we employ, may monitor and/or record your interactions with the Service.
DESCRIPTION OF OUR SERVICES
Our website provides a simple online property management platform for landlords to connect with their tenants to facilitate the management of their rental property. It also provides a place for Vendors (“independent contractors” or “handymen”) to post their Virtual Offices and skill sets to landlords who might need their services for home maintenance and repairs. More details of our FREE services can be found on our homepage at LeasingFlow.com. All use of the Service is subject to the terms and conditions of those services.
Our online services, and account usages are FREE to landlords, Tenants and Vendors with the following exception:
- When Tenants apply to a property, they are require to pay an Application Fee in order for us to provide to the respective landlords their credit, criminal background, and eviction history reports.
PLEASE NOTE: WE HAVE NO AFFILIATION WITH ANY LANDLORDS, TENANTS, INDEPENDENT HOME REPAIR CONTRACTORS OR HANDYMEN, SERVICE PROVIDERS, INDIVIDUAL OR ENTITIES, WHOM USING LEASINGFLOW.COM TO PROMOTE AND PROVIDE THEIR SERVICES NOR WE ARE ACTING AS BROKER OR AGENT IN ANY CAPACITY REGARD TO THOSE SERVICES AND INDIVIDUAL OR ENTITIES.
FAIR HOUSING ACT
IF YOU ARE A LANDLORD/LESSOR/LEASING AGENT, YOU ARE EXCLUSIVELY RESPONSIBLE FOR ADHERING TO THE FAIR HOUSING ACT (see http://www.justice.gov/crt/fair-housing-act-2) AS WELL AS ANY STATE OR LOCAL LAWS. WE ENCOURAGE YOU TO SEEK LEGAL COUNSEL REGARDING COMPLIANCE; REGARDLESS UNDER NO CIRCUMSTANCES SHALL WE PROVIDE GUIDANCE REGARDING COMPLIANCE OR OTHERWISE ASSUME LIABILITY FOR FAIR HOUSING ACT OR OTHER HOUSING LEGAL COMPLIANCE.
TENANT SCREENING
Credit reporting is conducted through TransUnion Rental Screening Solutions (“TURSS”). TURSS only provides an internet-based platform to collect data for TURSS Services. IN NO EVENT IS LEASING FLOW ENTERING INTO A CONTRACT WITH YOU WITH RESPECT TO TURSS SERVICES. Any issues or communication regarding TURSS should be addressed to TransUnion Rental Screening Solutions, Inc., Attn: TURSS GVP, 6430 S. Fiddler’s Green Circle, Suite 500, Greenwood Village, CO 80111 or their customer Service: 1-800-568-5665.
The Service Agreement for TURSS SERVICES for a consumer, usually a potential tenant, an applicant or
screened party is attached for your reference.
Click
here to view
The Service Agreement for TURSS SERVICES for end users (usually a landlord/lessor/leasing agent) is also
attached for your reference.
Click here to view
Whether either service agreement applies to you is a matter of contractual interpretation between you and TURSS; Leasing Flow has no contractual relationship to you regarding either Service Agreement.
PAYMENT POLICY
Certain services offered on or through the Website (including, but not limited to: online rental applications and online payments) may be subject to fees charged by Leasing FLow. Once charged, fees shall immediately be deemed earned by Leasing FLow as consideration for services performed and are non-refundable.
Leasing Flow uses Stripe to execute online payment transactions for rental applications. We DO NOT keep
your credit card information in our system. By using this feature of the Service, you agree to be bound
by the Stripe Connected Account Agreement, available at
https://stripe.com/connect/account-terms.
ONLINE CONTENT DISCLAIMER
Posts, Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Leasing Flow, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Leasing Flow does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does Leasing Flow adopt nor endorse, nor is Leasing Flow responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than Leasing Flow. Leasing Flow takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. Under no circumstances will Leasing Flow be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Service, or transmitted to users.
LEGAL COMPLIANCE
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. Leasing Flow reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.
LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Service, Leasing Flow may provide you with convenient links to third party web site(s) ("Third Party Sites") as well as content or items belonging to or originating from third parties (the"Third Party Applications, Software or Content"). These links are provided as a courtesy to Service subscribers. Leasing Flow has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Leasing Flow, and Leasing Flow is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by Leasing Flow. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
LICENSE GRANT
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant to Leasing Flow a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or impart, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
INTELLECTUAL PROPERTY
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and business names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you (a) consent to receive communications from Leasing Flow in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that Leasing Flow provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. We may also use your email address, to send you other messages, including information about Leasing Flow and special offers. You may opt out of such email by changing your account settings or sending an email to Leasing Flow. Opting out may prevent you from receiving messages regarding Leasing Flow or Special Offers.
REVISIONS AND ERRATA
The materials appearing on Leasing Flow Website could include technical, typographical, or photographic errors. Leasing Flow does not warrant that any of the materials on its Website are accurate, complete, or current. Leasing Flow may make changes to the materials contained on its Website at any time without notice. Leasing Flow does not, however, make any commitment to update the materials.
CALIFORNIA RESIDENTS
If you are a California resident, you waive any protection available to you under California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if not known by him or her must have materially affected his settlement with the debtor.”
DISCLAIMER
The materials on Leasing Flow Website are provided "as is" Leasing Flow makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Furthermore, Leasing Flow does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Website or otherwise relating to such materials or on any sites linked to this site. The Website serves as a venue for Individuals to purchase distinct service or products. Neither Leasing Flow nor the Website has control over the quality or fitness for a particular function of a product. Leasing Flow likewise has no control over the accuracy, reliability, completeness, or timeliness of the User-submitted details and makes no representations or warranties about any info on the Site.
THE WEBSITE AND ALL DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) AND SERVICES LISTED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY LEASING FLOW ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. LEASING FLOW MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE OPERATION OF THIS WEBSITE OR THE INFO, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES LISTED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE POINTED OUT IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.
TO THE COMPLETE EXTENT PERMISSIBLE BY APPLICABLE LAW, LEASING FLOW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND PHYSICAL FITNESS FOR A PARTICULAR PURPOSE. LEASING FLOW DOES NOT WARRANT THAT THIS WEBSITE; DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVERS; OR EMAIL SENT FROM LEASING FLOW ARE WITHOUT VIRUSES OR OTHER HARMFUL ELEMENTS. LEASING FLOW WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR FROM ANY DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES LISTED ON OR OTHERWISE MADE AVAILABLE TO YOU WITH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE POINTED OUT IN WRITING. UNDER NO SCENARIO SHALL LEASING FLOW'S LIABILITY DEVELOPING FROM OR IN CONNECTION WITH THE WEBSITE OR YOUR USE OF THE WEBSITE, DESPITE THE REASON FOR ACTION (WHETHER IN AGREEMENT, TORT, BREACH OF SERVICE WARRANTY OR OTHERWISE), GO BEYOND $100.
INDEMNITY AND LIMITATION OF DAMAGES
You accept defend, indemnify, and hold safe Leasing Flow, its affiliates, and their corresponding officers, directors, agents and workers, from and against any claims, actions or demands, including without limitation affordable legal, accounting, and other provider charges, affirming or resulting from (i) any Content of most material You offer to the Site, (ii) Your use of any Content, or (iii) Your breach of the terms of these Terms. Leasing Flow will provide notice to you promptly of any such claim, match, or case.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LEASING FLOW, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH LEASING FLOW OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LEASING FLOW HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users or a merchant of a product or service that you review or use through the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
MODIFICATION OF TERMS OF USE
We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you continue to use the Site, you signify your agreement to our revisions to these Terms of Use. However, we will notify you of material changes to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms or waiver of Leasing Flow rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Leasing Flow. No purported waiver or modification of this Agreement by Leasing Flow via telephonic or email communications shall be valid.
GENERAL TERMS
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Leasing Flow to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with Leasing Flow must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms of Use and your use of the Site are governed by the laws of California, without regard to conflict of law provisions, and you consent to exclusive jurisdiction and venue in such courts.
Leasing Flow may assign or delegate these Terms of Use and/or Leasing Flow Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without Leasing Flow prior written consent, and any unauthorized assignment and delegation by you is void.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT HTTP://WWW.LEASINGFLOW.COM REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.