Last Updated: August 11, 2020
Any and all payment processing services through or in connection with your use of LeaseLine (“Payment Services”) are provided to you by one or more LeaseLine Payment entities (“LeaseLine Payments”) or Stripe Inc.
Other Key Terms:
“Listers” refers to any individual intending to, currently are, or previously did list their living space on LeaseLine.
“New Tenants” refers to any individual intending to, currently are, or previously did rent a space on LeaseLine.
“Space” refers to the property the Lister is offering.
“Listing” refers to the Space advertised by the Lister and any description and images included on the Listing page.
For the sake of convenience, “Sublet” refers to sublet, sublease, relet, release, lease takeover, delegation, and/or other similar lease terms. And “Sublet Request” refers to any transaction, conversation or inquiry started by a New Tenant for a Listing.
In some cases, an individual may act as both a Lister and a New Tenant.
Listers are responsible for identifying, understanding and complying with all laws, rules and regulations that apply to their Listings. For example, as shown in the Questions page of Leaseline.us.com, each state has different subletting laws. A Lister may need to request permission from their landlord before listing a space. Listers are solely responsible for identifying and obtaining any required licenses, permits, registrations or approvals for listing their Space. Penalties may include fines or other enforcement. If you have any other questions about listing, contact the LeaseLine Team. If you have any legal questions, you should seek legal guidance.
Certain areas of LeaseLine may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. These Terms take precedence over any other related terms. Whether or not you have registered with LeaseLine, you are bound by these terms. If you do not agree to these Terms, then you have no right to access or use LeaseLine.
Table of Contents
Scope of LeaseLine Services
Terms for Listers
Terms for New Tenants
Ratings and Reviews
Damage to Spaces
Termination and Suspension
Applicable Law and Jurisdiction
1. Scope of Leaseline Services
1.1 LeaseLine in an online peer-to-peer marketplace that allows Listers to advertise their living Space to New Tenants for short-term renting. Users may also be able communicate and transact directly on the LeaseLine Platform.
1.2 LeaseLine does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings, nor is LeaseLine by any means a real estate broker, agent or insurer and is not a party to any agreements made between Listers and New Tenants.
1.3 While we may help facilitate the resolution of disputes, LeaseLine has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings, (ii) the truth or accuracy of any Listing descriptions, ratings, reviews, or other Content (defined below), (iii) the performance or conduct any User or third party. Any references to a User or Listing being “verified” (or similar language) only indicates that the User has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by LeaseLine about any User or Listing, including of the User’s identity or background or whether the User is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay in a listed property, accept a Sublet Request or communicate and interact with other users, whether online or person.
1.4 If you choose to use LeaseLine as a Lister or New Tenant, your relationship with LeaseLine is limited to being an independent, third-party contractor, and not an employee, agent joint venturer or partner of LeaseLine for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of LeaseLine. LeaseLine does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically. You acknowledge and agree that you have complete discretion to engage in other business or employment activities.
1.5 To promote LeaseLine, Listings and other Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Users who speak different languages, Listings and other User Content may be translated, in whole or in part, into other languages. LeaseLine cannot guarantee the accuracy or quality of such translations and Users are responsible for reviewing and verifying the accuracy of such translations. The LeaseLine Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
1.6 The LeaseLine Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. LeaseLine is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by LeaseLine of such Third-Party Services.
1.7 Due to the nature of the Internet, LeaseLine cannot guarantee the continuous and uninterrupted availability and accessibility of the LeaseLine Platform. LeaseLine may restrict the availability of the LeaseLine Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of the servers, or to carry out maintenance measures that ensure the proper or improved functioning of the LeaseLine Platform. LeaseLine may improve, enhance and modify the LeaseLine Platform and introduce new LeaseLine Services from time to time.
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the LeaseLine Platform or become a User. By accessing or using the LeaseLine Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Space are located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
2.3 LeaseLine may make access to and use of the LeaseLine Platform, or certain areas or features of the LeaseLine Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a User’s Sublet Requests and cancellation history.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any User’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Users to provide a form of identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Users, (ii) screen Users against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a User, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
3. Modification of these Terms
3.1 LeaseLine reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the LeaseLine Platform and update the “Last Updated” date at the top of these Terms.
4. Account Registration
4.1 You must register an account ("LeaseLine Account") to access and use certain features of the LeaseLine Platform, such as publishing or requesting to sublet a Listing. If you are registering a LeaseLine Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register a LeaseLine Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Gmail.
4.3 You must provide accurate, current and complete information during the registration process and keep your LeaseLine Account and public LeaseLine Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) LeaseLine Account unless LeaseLine authorizes you to do so. You may not assign or otherwise transfer your LeaseLine Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your LeaseLine Account credentials and may not disclose your credentials to any third party. You must immediately notify LeaseLine if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your LeaseLine Account. You are liable for any and all activities conducted through your LeaseLine Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
5.1 LeaseLine may, at its sole discretion, enable Users to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the LeaseLine Platform ("User Content"); and (ii) access and view User Content and any content that LeaseLine itself makes available on or through the LeaseLine Platform, including proprietary LeaseLine content and any content licensed or authorized for use by or through LeaseLine from a third party ("LeaseLine Content" and together with User Content, "Collective Content").
5.2 The LeaseLine Platform, LeaseLine Content, and User Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the LeaseLine Platform and LeaseLine Content, including all associated intellectual property rights, are the exclusive property of LeaseLine and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the LeaseLine Platform, LeaseLine Content or User Content. All trademarks, service marks, logos, trade names, and any other source identifiers of LeaseLine used on or in connection with the LeaseLine Platform and LeaseLine Content are trademarks or registered trademarks of LeaseLine in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the LeaseLine Platform, LeaseLine Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the LeaseLine Platform or Collective Content, except to the extent you are the legal owner of certain User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by LeaseLine or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the LeaseLine Platform, you grant to LeaseLine a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the LeaseLine Platform, in any media or platform. Unless you provide specific consent, LeaseLine does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your User Content.
5.5 You are solely responsible for all User Content that you make available on or through the LeaseLine Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the LeaseLine Platform or you have all rights, licenses, consents and releases that are necessary to grant to LeaseLine the rights in and to such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or LeaseLine's use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.6 You will not post, upload, publish, submit or transmit any User Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; or (v) promotes illegal or harmful activities or substances. LeaseLine may, without prior notice, remove or disable access to any User Content that LeaseLine finds to be in violation of these Terms or LeaseLine’s then-current Policies or Standards, or otherwise may be harmful or objectionable to LeaseLine, its Users, third parties, or property.
5.7 LeaseLine respects copyright law and expects its Users to do the same. If you believe that any content on the LeaseLine Platform infringes copyrights you own, please notify us.
6. Service Fees
6.1 LeaseLine may charge fees to Listers ("Listing Fees") or New Tenants (“Transaction Fees”) in consideration for the use of the LeaseLine Platform, collectively referred to as “Service Fees.”. More information about if and when Service Fees apply and how they are calculated can be found on our Questions page.
6.2 LeaseLine reserves the right to change the Service Fees at any time, and will provide Users adequate notice of any fee changes before they become effective.
6.3 You are responsible for paying any Service Fees that you owe to LeaseLine. The applicable Service Fees (including any applicable Taxes) are collected by LeaseLine. These fees are processed through Stripe.
7. Terms specific for Listers
7.1 Terms applicable to all Listings
7.1.1 When creating a Listing through the LeaseLine Platform, you must (i) provide complete and accurate information about your Listing (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as building/living/roommate rules) and requirements that apply and (iii) provide any other pertinent information requested by LeaseLine. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
7.1.2 You are solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees) for your Listing.
7.1.3 Any terms and conditions included in your Listing, must not conflict with these Terms or the relevant refund policy for your Listing.
7.1.5 Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Space. LeaseLine reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
7.1.6 The placement and ranking of Listings in search results on the LeaseLine Platform may vary and depend on a variety of factors, such as New Tenant search parameters and preferences, Lister requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, and/or Reviews and Ratings.
7.1.7 When agreeing to sublet or relet your Space, it may be required for you and the New Tenant to file additional paperwork with the landlord to complete the Sublet Request process. You also agree to pay the applicable Service Fees and any applicable Taxes.
7.1.8 LeaseLine recommends that Listers obtain appropriate insurance for their Listing. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of New Tenants (and the individuals the New Tenant has booked for, if applicable) while staying at your place.
7.2 Listing Spaces
7.2.1 Unless expressly allowed by LeaseLine, you may not list more than one Space per Listing.
7.2.2 If you choose to require a security deposit for your Space, you must specify this in your Listing ("Security Deposit"). LeaseLine will use commercially reasonable efforts to address Listers’ requests and claims related to Security Deposits, but LeaseLine is not responsible for administering or accepting any claims by Listers related to Security Deposits.
7.2.3 You represent and warrant that any Listing you post and the Sublet Requests of, or a New Tenant's stay at, a Space will (i) not breach any agreements you have entered into with any third parties, such as landlords, homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Lister, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Space at your request or invitation, excluding the New Tenant and any individuals the New Tenant invites to the Space.
8. Terms specific for New Tenants
8.1 Terms applicable to all Sublet Requests
Subject to meeting any requirements (such as completing any verification processes) set by LeaseLine and/or the Lister, you can request to sublet a Listing available on the LeaseLine Platform by following the respective Sublet Request process. All applicable fees, including a Security Deposit (if applicable), processing fee and any applicable Taxes associated with using LeaseLine (collectively, “Total Fees”) will be presented to you prior to subletting a Listing. You agree to pay the Total Fees for any sublet requested in connection with your LeaseLine Account.
8.2 Sublet Requests of Spaces
8.2.1 You understand that a confirmed Sublet Request of a Property (“Property Sublet Request”) is a limited license granted to you by the Lister to enter, occupy and use the Space for the duration of your stay, in accordance with your agreement with the Lister and the landlord.
8.2.2 You agree to adhere to all terms expressed or written by the landlord of the property.
9. Sublet Request Modifications, Cancellations and Refunds, Help
9.1 Listers and New Tenants are responsible for any modifications to a Sublet Request that they make via the LeaseLine Platform or direct LeaseLine customer service to make ("Sublet Request Modifications"), and agree to pay any additional Fees and/or Taxes associated with such Sublet Request Modifications.
9.2 Once you request to sublet a space, you can not cancel it.
9.3 If a Lister cancels a confirmed Sublet Request, the New Tenant will receive a full refund of the Total Fees for such Sublet Request within a commercially reasonable time of the cancellation. LeaseLine may impose a cancellation fee, unless the Lister has a valid reason for cancelling the Sublet Request and has legitimate concerns about the New Tenant’s behavior.
9.4 In certain circumstances, LeaseLine may decide, in its sole discretion, that it is necessary to cancel a confirmed Sublet Request and make appropriate refund and payout decisions. This may be for reasons (i) where LeaseLine believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to LeaseLine, other Users, third parties or property, or (ii) for any of the reasons set out in these Terms.
9.5 If, as a Lister, your New Tenant cancels a confirmed Sublet Request or LeaseLine decides that it is necessary to cancel a confirmed Sublet Request, and LeaseLine issues a refund to the New Tenant in accordance with the Refund Policy, or other applicable refund policy, you agree that in the event you have already been paid, LeaseLine will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.
9.6 Except as otherwise set out in these Terms, Users may contact LeaseLine to send or request money for refunds related to Sublet Requests. You agree to pay all amounts sent through LeaseLine in connection with your LeaseLine Account, and LeaseLine will handle all such payments via Stripe.
10. Ratings and Reviews
10.1 Within a certain time frame after completing a Sublet Request, New Tenants and Listers may be able leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Users and do not reflect the opinion of LeaseLine. Ratings and Reviews are not verified by LeaseLine for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by New Tenants and Listers must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5 and must comply with these Terms.
10.3 Users are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another User.
11. Damage to Spaces, Disputes between Users
11.1 Damage disputes should be made with the Lister’s Landlord or insurance company. LeaseLine is not responsible for any damages caused to the property by the New Tenant.
12.1 You are solely responsible for determining your obligations to report, collect, remit or include in your total fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes ("Taxes").
13. Prohibited Activities
13.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the LeaseLine Platform. In connection with your use of the LeaseLine Platform, you will not and will not assist or enable others to:
Breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
Use the LeaseLine Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies LeaseLine endorsement, partnership or otherwise misleads others as to your affiliation with LeaseLine;
Use the LeaseLine Platform in connection with the distribution of unsolicited commercial messages ("spam");
Offer, as a Lister, any Space that you do not yourself own or have permission to make available as a residential or other property through the LeaseLine Platform;
Unless LeaseLine explicitly permits otherwise, book any Listing if you will not actually be occupying yourself;
Contact another User for any purpose other than asking a question related to your own Sublet Requests, Listing, or the User's use of the LeaseLine Platform, including, but not limited to, recruiting or otherwise soliciting any User to join third-party services, applications or websites, without our prior written approval;
Use the LeaseLine Platform to request, make or accept a Sublet Requests independent of the LeaseLine Platform, to circumvent any Service Fees or for any other reason;
Request, accept or make any payment for fees outside of the LeaseLine Platform or LeaseLine Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold LeaseLine harmless from any liability for such payment;
Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
Misuse or abuse any Listings or services associated with the LeaseLine Open Homes program as determined by LeaseLine in its sole discretion;
Use, display, mirror or frame the LeaseLine Platform or Collective Content, or any individual element within the LeaseLine Platform, LeaseLine's name, any LeaseLine trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the LeaseLine Platform, without LeaseLine's express written consent;
Dilute, tarnish or otherwise harm the LeaseLine brand in any way, including through unauthorized use of Collective Content, registering and/or using LeaseLine or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to LeaseLine domains, trademarks, taglines, promotional campaigns or Collective Content;
Use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the LeaseLine Platform for any purpose;
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by LeaseLine or any of LeaseLine's providers or any other third party to protect the LeaseLine Platform;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the LeaseLine Platform;
Take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the LeaseLine Platform;
Export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws;
Or violate or infringe anyone else’s rights or otherwise cause harm to anyone.
13.2 You acknowledge that LeaseLine has no obligation to monitor the access to or use of the LeaseLine Platform by any User or to review, disable access to, or edit any User Content, but has the right to do so to (i) operate, secure and improve the LeaseLine Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to User Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Users agree to cooperate with and assist LeaseLine in good faith, and to provide LeaseLine with such information and take such actions as may be reasonably requested by LeaseLine with respect to any investigation undertaken by LeaseLine or a representative of LeaseLine regarding the use or abuse of the LeaseLine Platform.
13.3 If you feel that any User you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to LeaseLine and your Landlord by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
14. Term and Termination, Suspension and other Measures
15.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or LeaseLine terminate the Agreement in accordance with this provision.
14.2 You may terminate this Agreement at any time by sending us an email. If you cancel your LeaseLine Account as a Lister, any confirmed Sublet Request(s) will be automatically cancelled and your New Tenants will receive a full or partial refund. If you cancel your LeaseLine Account as a New Tenant, any confirmed Sublet Request(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s Refund Policy.
14.3 LeaseLine may immediately, without notice, terminate this Agreement and/or stop providing access to the LeaseLine Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) LeaseLine believes in good faith that such action is reasonably necessary to protect the personal safety or property of LeaseLine, its Users, or third parties (for example in the case of fraudulent behavior of a User).
14.4 In addition, LeaseLine may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the LeaseLine Account registration, Listing process or thereafter, (iv) you and/or your Listings at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or LeaseLine otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled or denied Sublet Requests or failed to respond to Sublet Requests without a valid reason, or (vii) LeaseLine believes in good faith that such action is reasonably necessary to protect the personal safety or property of LeaseLine, its Users, or third parties, or to prevent fraud or other illegal activity:
Refuse to surface, delete or delay any Listings, Ratings, Reviews, or other User Content;
cancel any pending or confirmed Sublet Requests;
Limit your access to or use of the LeaseLine Platform;
Temporarily or permanently revoke any special status associated with your LeaseLine Account;
Temporarily or in case of severe or repeated offenses permanently suspend your LeaseLine Account and stop providing access to the LeaseLine Platform.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by LeaseLine and an opportunity to resolve the issue to LeaseLine's reasonable satisfaction.
14.5 If we take any of the measures described above (i) we may refund New Tenants in full for any and all confirmed Sublet Requests that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed Sublet Requests that were cancelled.
14.6 When this Agreement has been terminated, you are not entitled to a restoration of your LeaseLine Account or any of your User Content. If your access to or use of the LeaseLine Platform has been limited or your LeaseLine Account has been suspended or this Agreement has been terminated by us, you may not register a new LeaseLine Account or access and use the LeaseLine Platform through an LeaseLine Account of another User.
If you choose to use the LeaseLine Platform or Collective Content, you do so voluntarily and at your sole risk. The LeaseLine Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
LeaseLine does not tolerate or encourage illegal subletting or reletting. LeaseLine will not issue refunds to Listers or New Tenants if they sublet or relet illegally and/or without the consent of the landlord. More so, LeaseLine is not responsible for any issues related to the Sublet Request transaction or process, performed legally or illegally.
By using LeaseLine, you agree that you have had whatever opportunity you deem necessary to investigate the LeaseLine Services, laws, rules, or regulations that may be applicable to your Listings and/or you are not relying upon any statement of law or fact made by LeaseLine relating to a Listing.
If we choose to conduct identity verification or background checks on any User, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a User or guarantee that a User will not engage in misconduct in the future.
Researching, communicating with, identifying and selecting a suitable New Tenant or Lister is solely up to your discretion and judgement. LeaseLine is not responsible for anything that happens to you or your property as a result of using LeaseLine.
16.1 Unless your Country of Residence is in the EU, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the LeaseLine Platform and Collective Content, your publishing or Sublet Requests of any Listing via the LeaseLine Platform, your stay at any Space, or use of any other Lister Service, or any other interaction you have with other Users whether in person or online remains with you. Neither LeaseLine nor any other party involved in creating, producing, or delivering the LeaseLine Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the LeaseLine Platform or Collective Content, (iii) from any communications, interactions or meetings with other Users or other persons with whom you communicate, interact or meet with as a result of your use of the LeaseLine Platform, or (iv) from your publishing or Sublet Requests of a Listing, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not LeaseLine has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Listers pursuant to these Terms or an approved payment request under the LeaseLine Lister Guarantee, in no event will LeaseLine’s aggregate liability arising out of or in connection with these Terms and your use of the LeaseLine Platform including, but not limited to, from your publishing or Sublet Requests of any Listings via the LeaseLine Platform, or from the use of or inability to use the LeaseLine Platform or Collective Content and in connection with any Space or interactions with any other Users, exceed the amounts you have paid or owe for Sublet Requests via the LeaseLine Platform as a New Tenant in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Lister, the amounts paid by LeaseLine to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between LeaseLine and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect LeaseLine’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
16.2 If your Country of Residence is in the EU, LeaseLine is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. LeaseLine is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of LeaseLine in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of LeaseLine is excluded.
You agree to release, defend (at LeaseLine’s option), indemnify, and hold LeaseLine and its affiliates and subsidiaries, including but not limited to their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the LeaseLine Platform or any LeaseLine Services, (iii) your interaction with any User, stay at a Space, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) LeaseLine’s Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.
18. Dispute Resolution and Arbitration Agreement
18.1 This Dispute Resolution and Arbitration Agreement shall apply if your (i) Country of Residence is in the United States; or (ii) your Country of Residence is not in the United States, but bring any claim against LeaseLine in the United States (to the extent not in conflict with Section 21).
18.2 Overview of Dispute Resolution Process. LeaseLine is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 19.1 applies: (1) an informal negotiation directly with LeaseLine’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 19 and except as provided in Section 19.6). Specifically, the Consumer Arbitration Rules provide:
Claims can be filed with AAA online (www.adr.org);
Arbitrators must be neutral and no party may unilaterally select an arbitrator;
Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
Parties retain the right to seek relief in small claims court for certain claims, at their option;
The initial filing fee for the consumer is capped at $200;
The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.
18.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and LeaseLine each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact LeaseLine’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
18.4 Agreement to Arbitrate. You and LeaseLine mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the LeaseLine Platform, or the Collective Content (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and LeaseLine agree that the arbitrator will decide that issue.
18.5 Exceptions to Arbitration Agreement. You and LeaseLine each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
18.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
18.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, LeaseLine agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside;; (c) in any other location to which you and LeaseLine both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
18.8 Modification of AAA Rules - Attorney’s Fees and Costs. You and LeaseLine agree that LeaseLine will be responsible for payment of the balance of any initial filing fee under the AAA Rules in excess of $200 for claims of $75,000 or less. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, LeaseLine agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA Rules, to recover attorneys’ fees and expenses if it prevails in arbitration.
18.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
18.10 Jury Trial Waiver. You and LeaseLine acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
18.11 No Class Actions or Representative Proceedings. You and LeaseLine acknowledge and agree that we are each waiving the right to participate as a plaintiff or class User in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and LeaseLine both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
18.12 Severability. Except as provided in Section 19.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
18.13 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if LeaseLine changes this Section 19 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of LeaseLine’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and LeaseLine in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
18.14 Survival. Except as provided in Section 19.12 and subject to Section 15.8, this Section 19 will survive any termination of these Terms and will continue to apply even if you stop using the LeaseLine Platform or terminate your LeaseLine Account.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the LeaseLine Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the LeaseLine Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
20. Applicable Law and Jurisdiction
20.1 If your Country of Residence is the United States, these Terms will be interpreted in accordance with the laws of the State of Maryland and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 19 must be brought in state or federal court in Maryland, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Maryland.
20.2 If your Country of Residence is China these Terms will be interpreted in accordance with the laws of China (“China Laws”). Any dispute arising from or in connection with this Agreement shall be submitted to the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration in Beijing which shall be conducted in accordance with CIETAC’s arbitration rules in effect at the time of applying for arbitration, provided that this section shall not be construed to limit any rights which LeaseLine may have to apply to any court of competent jurisdiction for an order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under China Laws or any other laws that may apply to you. The arbitration proceedings shall be conducted in English. The arbitral award rendered is final and binding upon both parties.
20.3 If your Country of Residence is outside of the United States and China, these Terms will be interpreted in accordance with Irish law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The choice of law does not impact your rights as a consumer according to the consumer protection regulations of your Country of Residence. If you are acting as a consumer, you agree to submit to the non-exclusive jurisdiction of the Irish courts. Judicial proceedings that you are able to bring against us arising from or in connection with these Terms may only be brought in a court located in Ireland or a court with jurisdiction in your place of residence. If LeaseLine wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Irish courts.
LeaseLine service: leaseline.us.com and app.leaseline.us.com
21.2 Name of the register:
User register of the LeaseLine service
21.3 Use of personal details (purpose of register):
Personal details are collected to make communication and use of service possible. Details can be used for communication between service providers and users and also for direct communication between users. Some personal details are visible on the profile page of the user, but those details are voluntary (except name).
21.4 The handling of personal details is not outsourced, but the register data is stored on a server that is rented from a third party company.
21.5 Information content of the register:
The following information may be stored in the register:
Personal details: Name, email address, phone number, street address
Account details: username, password (stored in encrypted format)
The description text that the user may write about him/herself
The offers and requests the user has posted to the service
The given and received feedback and badges
Statistical data about service usage, e.g. number times the user has logged in
Regular sources of information
Personal details are given by the user on registration to the service or when using it later.
21.6 Regular handovers of the information:
21.7 Information considering users of a single LeaseLine community may be handed over to the client who has founded that community or to the community administrators appointed by that client.
21.8 Transfers of the information outside the EU and the European Economic Area:
Information may be stored to a server that may be located inside or outside of the EU and the European Economic Area
21.9 Register protection principles:
The information is stored on computers. The access to the information is restricted with passwords and physical access to the computers is restricted by the server hosting company.
22. Refund Policy
22.1 LeaseLine is entitled to recover the amount of any refund from you, including by subtracting such refund amount out from any future Payouts due to you.
22.2 Refund requests made by a user will be reviewed by LeaseLine. LeaseLine will determine at our sole discretion the amount the user will be refunded, if any.
22.3 Refunds will be issued within 14 days of when LeaseLine notifies the user(s) that a refund has been processed.
23. General Provisions
23.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between LeaseLine and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between LeaseLine and you in relation to the access to and use of the LeaseLine Platform.
23.2 No joint venture, partnership, employment, or agency relationship exists between you and LeaseLine as a result of this Agreement or your use of the LeaseLine Platform.
23.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
23.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
23.5 LeaseLine’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
23.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without LeaseLine's prior written consent. LeaseLine may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
23.7 If your Country of Residence is in the EU you can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr. Please note that LeaseLine Ireland is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.
23.8 LeaseLine is not responsible for any delays, damages, or harm caused to you by an event of force majeure.
23.9 If you have any questions about these Terms please email us.