Overview of our Terms of Service
Below is an overview of our Terms of Service for our “Platform”, which means any website, application, or service we offer. We recommend you read the complete Terms of Service because that document (and not this overview) is our legally binding agreement. The Terms of Service includes information about your legal rights and covers areas such as automatic subscription renewals, limitations of liability, resolution of disputes by mandatory arbitration rather than a judge or jury in a court of law, and a class action waiver.
Your Relationship with Leasecake
- By using our Platform, you are agreeing to our Terms of Service which is a legally binding agreement between you and Leasecake, and if you break the rules, we may suspend or terminate your account.
- We charge for certain aspects of our Platform, and some of these fees are billed on a regular and recurring basis (unless you disable auto-renewal or cancel your subscription).
Leasecake Members
- Everyone is welcome to use Leasecake. You become a Member when you create an account through our Platform, whether you are a real estate owner, manager, tenant, vendor, service provider, or just someone who likes Leasecake. Either way, you’re very important to us and welcome here, whether you’re a real person or an organization. Members use our service to create value in their business and potentially for other Members, such as an owner of real estate providing a leasable unit to a tenant, or a tenant providing a service to owners and other tenants. Members are also invited to attend our Leasecake events.
- Using our Platform involves meeting real people, interacting and doing real things in the real world, which can sometimes lead to unexpected situations. We can’t control what happens in the real world, and we are not responsible for it so you should use common sense and good judgment.
Your Content and Content of Others
- You are responsible for your “Content”, which means any information, material, or other content posted to our Platform. Your Content must comply with our Terms of Service.
- We do not own the Content that you post. However, we do require that you provide us a license to use this Content in order for us to operate, improve, promote, and protect Leasecake and our Platform for the benefit of you and others.
- We are not responsible for Content that Members post or the communications that Members send using our Platform. We generally don’t review Content before it’s posted. If you see Content that violates our Terms of Service, you may report inappropriate Content to us.
Our Platform
- We try hard to make sure that our Platform is always available and working, but we cannot guarantee it will be. Occasionally things may not go exactly as planned and we apologize in advance for any inconvenience.
- In the future, you’ll be able to do even more with Leasecake as we are continually improving our Platform. This means that we may modify or even discontinue portions of our Platform in order to make these improvements.
- By using our Platform, you agree to the limitations of liability and release in our Terms of Service. Except as specified in our Terms of Service, you also agree to resolve any disputes you may have with us through arbitration, and you are waiving your right to seek relief from a judge or jury in a court of law, except as otherwise provided for in the Terms of Service. Claims can only be brought individually, and not as part of a class action.
Terms of Service
1. This Agreement
Last Updated: April 11, 2024
1.1 The Agreement
Leasecake enables you and other Members to interact and communicate with other Members. The terms “Leasecake,” “we,” “us,” and “our” include Leasecake, Inc. and our affiliates. We use the terms “you” and “your” to mean any person using our Platform, and any organization or person using the Platform on an organization’s behalf. We use the word “Platform” to mean any website, application, or service offered by Leasecake, including content we offer and electronic communications we send. We provide our Platform to you subject to these Terms of Service. We use the terms “Terms of Service” and “Agreement” interchangeably to mean this document together with our usage and content policies, payment policies, and trademark usage guidelines. Your use of the Platform signifies that you agree to this Agreement. If you are using the Platform for an organization, you agree to this Agreement on behalf of that organization, and represent you have authority to bind that organization to the terms contained in this Agreement. If you do not or are unable to agree to this Agreement, do not use our Platform.
1.2 Revisions to this Agreement
We may modify this Agreement from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the top of this page. If we make any material change to this Agreement, we will provide additional notice to you by sending you an email. By continuing to use the Platform after any changes come into effect, you agree to the revised Agreement.
2. Your Account and Membership
2.1 Eligibility. Our Platform is available to anyone who is at least 18 years old and you represent that you are at least 18.
2.2 Suspension of Your Account. We may modify, suspend or terminate your account or access to the Platform if, in our sole discretion, we determine that you have violated this Agreement, including any of the policies or guidelines that are part of this Agreement, that it is in the best interest of the Leasecake Members, or to protect our brand or Platform. We also may remove accounts of Members who are inactive for an extended period of time after providing thirty (30) days prior notice pursuant to Section 11.2.
2.3 Account Information and Security. When you become a Member, you provide us with some basic information, including an email address and a password. Keep your email address and other account information current and accurate because we use it to contact you regarding the Platform. Also, you agree to maintain the security and confidentiality of your password (or else we may need to disable your account). You alone are responsible for anything that happens from your failure to maintain that security and confidentiality, such as by sharing your account credentials with others. If someone is using your password, notify us immediately.
3. Fees, Payments, and Offers
3.1 Fees Charged by Leasecake Use of some of the features on our Platform is free, and we charge fees for other features. We may in the future implement a new fee, or modify an existing fee, for certain current or future features of our Platform. If we implement a new or modified fee, we will give you advanced notice by sending you an email. You agree to pay those fees and any associated taxes for the subsequent term for your continued use of the applicable service. For the avoidance of doubt, if fees are increased during a term, the new or modified fee shall not take affect until the following 1-year renewal term. Unless otherwise stated, all fees and all transactions are in U.S. dollars. All fees are exclusive of applicable federal, state, local, or other taxes. Organization subscriptions are non-transferable.
3.2 Fees Charged by Members. Members may impose fees related to particular portions of the Platform, such as application fees or automating electronic rent payments. The decision to charge fees and the amount of those fees is at the discretion of those Members. Payments made to Members via the Platform are made through a third-party payment service provider. If a payor Member (“Payor”) pays a fee to a payee Member (“Payee”) via the Platform, the Payor authorizes the Payee and the Payee’s applicable payment service provider to charge the designated payment method for the total amount of the fees, including any applicable taxes and other charges. Certain types of fees charged by Payees may be billed on a recurring basis. If billed on a recurring basis, you authorize the Payee to charge the applicable fee to the designated payment methods
3.3 Payments to Leasecake. Members are responsible for paying subscription and any other applicable fees to Leasecake on time and through our approved payment methods. Members who allow their subscription to lapse are subject to removal. If we terminate, suspend, or remove your account in connection with violation of this Agreement, we are not obligated to refund any Member subscription fees paid to Leasecake. You may only pay Member fees to Leasecake using a valid payment method acceptable to us, as specified via the Platform. In the event that you make payment via a credit card, you represent and warrant that (i) you are authorized to use such payment method; and (ii) you authorize us (and our designated third-party payment providers) to charge your designated payment method for the total amount of any fees you owe to Leasecake, including any applicable taxes and other charges. If the credit card payment method cannot be verified, is invalid, or is otherwise not acceptable to us, your payment may be suspended or cancelled. We reserve the right to correct, or to instruct our payment providers to correct, any errors or mistakes, even if payment has already been requested or received. We also may issue refunds, or instruct our payment providers to issue refunds, in accordance with our Payment Policies.
3.4 Automatic Subscription Renewals. Fees for certain aspects of our Platform may be billed on either a recurring basis or on a one-time basis. If billed on a recurring basis, the fees are payable in advance of the applicable period specified via the Platform with no refunds. We will automatically bill you for each renewal period until cancellation within 30 days of the anniversary of your Effective Date or the anniversary of the date on which you initiated such service(s). By purchasing any feature or other aspect of our Platform for which we charge, you authorize us to keep your payment current by charging your credit card account (or any other means of payment used by you) the applicable fee. While you may cancel auto-renewal or cancel your subscription, you won’t be issued a refund except in our sole and reasonable discretion.
3.5 Free Trials. We may offer free trials of subscriptions and other products on our Platform. We will inform you of the length of the free trial, your renewal period, and the date and amount of your first payment. After your free trial ends, your paid subscription will begin, and we will automatically bill you for each renewal period until cancellation. You can cancel automatic subscription renewals at any time according to the terms and procedures described above. You should save a copy of anything important before cancelling your account. If you cancel your account, any or all of your information may be immediately (or at some point in the future) irrevocably deleted. Conversely, information you post or otherwise furnish to us, including personal information, may remain on our servers indefinitely (for example, as backups) after you delete it from public areas of the Platform or request cancellation of your account. Any information retained by us will be done in accordance with our Privacy Policy and Section 4.4 below.
3.6 Third Party Transactions. If a Member gives consent in writing to disclose a Member’s information to third parties in accordance with Section 4.4 below, Members may receive offers from third parties, such as discounts, sponsorships, or other benefits. Leasecake is not involved in any dealings or payments between you and third parties, and these Terms of Service do not govern such transactions.
3.7 Paying or Accepting Rent. Paying or accepting rent with Leasecake from your checking account or credit/debit card will be a service offered for Members and any associated fees will be added to your cost for the use of the Platform.
4. Your Content and Privacy
4.1 Fees Content You are solely responsible for your Content, including the accuracy of your Content. We use the word “Content” to mean any information, material, or other content posted to our Platform or otherwise provided to us. You agree that you and your Content shall not violate the rights of any third party (such as copyrights, trademarks, contract rights, privacy rights, or publicity rights), this Agreement (including our usage and content policies and intellectual property policies), or our trademark usage guidelines.
4.2 Content License from You. We do not claim ownership of your Content. However, to enable us to operate, improve, promote, and protect Leasecake and our Platform, and to ensure we do not violate any rights you may have in your Content, you hereby grant Leasecake a limited, non-exclusive, worldwide, royalty-free, sub-licensable, transferable right and license (including a waiver of any moral rights) to use, host, store, reproduce, modify, publish, and create derivative works of your Content in order to provide the Offered Services in the Platform, provided that Leasecake may only collect, use, and disclose your Content in an aggregated, anonymized, and de-identified form only and will not identify you. Leasecake will only use the Content as set forth in Section 4.3 below. Leasecake agrees not to sell, disclose, use, collect, or process any Content, except to (i) exercise the rights and obligations permitted under this Agreement, and (ii) comply with applicable laws.
4.3 Content Use. We reserve the right to utilize Content you provide through the Platform in aggregate to analyze service trends, monitor service efficiencies, and perform such other analysis as Leasecake deems appropriate. You agree that we may obtain and aggregate technical and other data through your use of the Platform that is non-personally identifiable (“Aggregated Anonymous Data”), and we may use the Aggregated Anonymous Data solely to analyze, improve, support and operate the Platform during and after the term of this Agreement, including without limitation to generate industry trends, market reports, benchmarks, best practice guidance, recommendations or similar reports. For your peace of mind, we don’t have the right to identify you in any Aggregated Anonymous Data.
4.4 Privacy. Leasecake collects registration and other information about you through our Platform. Please refer to our Privacy Policy for details on how we collect, use, and disclose this information. These policies do not govern use of information that you provide to third parties, such as other Members of Leasecake’s Platform. In the event of a conflict between the terms of this Agreement and the Privacy Policy, the terms of this Agreement shall control. Except as otherwise permitted in writing by you, Leasecake agrees to not to disclose such information to third parties and shall use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than commercially reasonable care) and shall limit access to such information to those of Leasecake’s employees, contractors and agents who need such access for purposes consistent with this Agreement.
5. Your Use of Our Platform
5.1 Our Policies, Guidelines and Applicable Laws. When you use our Platform, we require that you follow the usage and content policies and trademark usage guidelines. You also agree to comply with all applicable laws, rules and regulations, and to not violate or infringe the rights of any third party. If you do not comply, we may modify, suspend or terminate your account or access to the Platform, in our sole discretion.
5.2 Content of Others. Leasecake does not control the Content of other Members. When we become aware of inappropriate Content on our Platform, we reserve the right to investigate and take appropriate action, but we do not have any obligation to monitor, nor do we take responsibility for, the Content of other Members.
5.3 Interactions with Others. Leasecake is not a party to any arrangements made through our Platform. Leasecake does not conduct or require background checks on Members and does not attempt to verify the truth or accuracy of statements made by Members. Leasecake makes no representations or warranties concerning the conduct or Content of any Members or their interactions with you.
5.4 No Resale. Our Platform contains proprietary and confidential information and is protected by intellectual property laws. Unless we expressly permit it through this Agreement, you agree not to modify, reproduce, sell or charge a fee, offer to sell or charge a fee, make, create derivative works based on, or distribute any part of our Platform, including any data, or Content of others.
5.5 No Technical Interference with the Platform. You agree that you will not knowingly engage in any activity or post any information or material that interferes with or disrupts, or that is designed to interfere with or disrupt, the Platform or any hardware used in connection with the Platform.
5.6 Platform Modifications. We work hard to continuously improve our Platform. This means that we may modify or discontinue portions or all of our Platform with or without notice and without liability to you or any third party, provided that we will not make modifications that materially reduces the functionality of the Platform or the Offered Services.
5.7 Third Party Sites and Services. The Platform contains links to third party sites, and is integrated with various third-party services, applications and sites that may make available to you their content and products according to your account settings and subject to confidentiality obligations. We don’t control these third parties and aren’t responsible for those sites or services or their content or products. These third parties may have their own terms and policies, and your use of them will be governed by those terms and policies.
5.8 Linking to the Website, Electronic Communication, and Social Media Features. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express consent. Our Platform may provide certain electronic communication and social media features that enable you to:
- Link from your own or certain third-party websites to certain content of our Platform.
- Send emails or other communications to Members or other third parties.
- Send e-mails or other communications with certain content, or links to certain content, of our Platform.
- Cause limited portions of content of our Platform to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause our Platform or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Platform other than the homepage.
- Otherwise take any action with respect to the materials of our Platform that is inconsistent with any other provision of these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features, if any, and any links at any time without notice in our discretion.
5.9 Geographic Restrictions. The owner of the Platform is based in the United States. We currently provide the Platform for use only by persons located in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
5.10 Things We Don’t Do. We do NOT provide legal advice for your lease agreements, nor are we a legal Platform of any type. We are also NOT a real estate agent or broker. We don’t screen properties or listings or offer any guaranty or advice regarding the suitability of properties, goods, or services to Members or third parties. Nothing we say should be construed as such advice, and you agree not to rely on us in making these decisions.
5.11 Service Delivery Failure. Leasecake is committed to providing the initial response and triage of all reported services issues within (2) business days providing the needed information is supplied by you (or your delegate/representative) with a target resolution goal of (5) business days. Issue resolution times may vary depending on, your availability, or other unforeseen conditions (i.e. inclement weather, civil or health related restrictions, etc.). Any breach of these service targets should be provided in writing by you to Leasecake as a Service Delivery Failure (SDF). If there are more than (3) SDF’s in a 60-day period, then you have the right to terminate the service and receive a pro-rated refund based on the number of months remaining in the then current Term. An SDF is defined as any loss of Leasecake functionality that does not have an acceptable workaround, preventing the client’s resources from performing their duties where those duties are dependent on said functionality.
6. Release
Except as otherwise set forth herein, you agree to release us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries, sponsors, and other third-party partners (referred to in this Agreement as “Leasecake Parties”) from claims, demands, and damages (direct and consequential) of every kind and nature, known and unknown, now and in the future (referred to in this Agreement as “Claims”), arising out of or in any way connected with any transaction with a third party, your interactions with other Members, or in connection with a Leasecake event. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits that you have or may have under Section 1542 of the California Civil Code or any similar provision of statutory or non-statutory law of any other jurisdiction to the fullest extent permitted by law.
7. Indemnification
You agree to indemnify, defend and hold all Leasecake Parties harmless from any Claims, made by any third party due to or arising out of (a) your violations of this Agreement, (b) your use, misuse, or abuse of our Platform, (c) your Content, (d) your violation of any law, statute, ordinance or regulation or the rights of a third party, or (e) your participation or conduct in a Leasecake event that violates this Agreement. You agree to promptly notify us of any third party Claims, cooperate with all Leasecake Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, reasonable attorneys’ fees). You agree not to settle any Claim without our prior written consent, which shall not be unreasonably withheld.
Leasecake shall defend you against any Claim made or brought against you by a third party alleging that the use of the Offered Services or the Platform as permitted by this Agreement infringes or misappropriates the intellectual property rights of that third party, and shall indemnify you for any damages awarded against you, including reasonable attorney’s fees incurred by you in connection with any such Claim; provided that you (i) promptly give Leasecake written notice of the Claim, and (ii) provide to Leasecake all reasonable assistance, at Leasecake’s sole cost and expense. Leasecake may settle any Claim without your prior written consent so long as you are unconditionally released of all liability associated with the use of the Offered Services or the Platform as permitted in this Agreement.
The Parties respective rights and obligations pursuant to this Section 7 shall survive any termination of this Agreement.
8. Warranty Disclaimer and Limitation of Liability
8.1 Warranty Disclaimer. It is your sole responsibility to determine whether the Platform meets your needs and expectations. By using the Platform, the Member understands and agrees that the use is at its own risk and the Member assumes all risks. The Platform is provided “as-is” and “as available” and Leasecake does not make any representation or warranty with regard to the Platform except as follows: (i) that the Offered Services and the Platform will perform in all material respects to the functionality as described in the user documentation and that Leasecake will not materially decrease the functionality of the Offered Services or the Platform; (ii) Leasecake’s provision of the Platform and performance of the Offered Services will not violate or contravene any law, rule, or regulation promulgated by any government or regulatory body within the United States; and (iii) Leasecake has a commercially reasonable quality assurance procedure intended to discover and remove viruses, trojan horses, malware, and any other harmful code/features that could cause harm to or allow third parties access to your systems. To the fullest extent permissible, Leasecake disclaims all warranties of any kind, whether expressed or implied, including, but not limited to, warranties of merchantability, performance and fitness for a particular purpose, in relation to the offered Platform. Without limiting the foregoing, Leasecake specifically disclaims any warranty (a) that the offered Platform will be uninterrupted or error-free, or (b) regarding correctness, accuracy, completeness, availability, or reliability of the information contained on Leasecake web sites.
8.2 Limitation of Liability. Except for claims brought pursuant to Sections 4.4 and 7 above, willful misconduct or gross negligence, each Party agrees that in no event will either Party be liable for (i) any indirect, special, punitive, incidental or consequential damages of any character arising out of or in relation to the Platform, this Agreement, including, without limitation, damages for loss of goodwill, any lost profits, business interruption, loss of programs or other data, even if such Party has been advised of the possibility of such damages, or (ii) any claim or damages attributable to errors, omissions or other inaccuracies in the Party’s website, the information, the lists, the links, any service or product of a Member, or the web page produced by the Leasecake Platform. Each Party’s sole obligation, and the claimant’s exclusive remedy, for any action or claim by the claimant under this Agreement shall be limited to the claimant’s termination of this Agreement and the subscription to the Leasecake Platform or the provision of the Platform to Member, as applicable. Except for the indemnity expressly provided for by this Agreement and the confidentiality obligations, willful misconduct or gross negligence, in no event will either Party’s aggregate liability, if any, including liability arising out of contract, negligence, strict liability in tort or warranty, or otherwise, exceed the prior term’s fees paid by you for the use of the Offered Services and the Platform.
9. Dispute Resolution
9.1 Informal Resolution Before making any claim, you and Leasecake agree to try to resolve any disputes through good faith discussions. We use the term “claim” in this Section 9 to mean any dispute, claim or controversy arising out of or relating to your use of our Platform or this Agreement, including your participation in Leasecake events. You or Leasecake may initiate this process by sending written notice in accordance with Section 11.2 describing the dispute and your proposed resolution. In the event that we cannot resolve the issue within 30 business days of receipt of the initial notice, you or Leasecake may bring a claim in accordance with Section 9.2.
9.2 Arbitration Agreement. Except as set forth in Section 9.5, the Parties agree to submit any claim to JAMS, Inc., or its successor, (“JAMS”) for final and binding arbitration. In arbitration certain rights that you or we would have in court may not be available, such as discovery or appeal. You and Leasecake are each expressly waiving any right to trial by judge or jury in a court of law. This agreement to arbitrate shall apply regardless of whether the claim arises during or after any termination of this Agreement or your relationship with Leasecake.
9.3 Arbitration Time for Filing. Any claim subject to arbitration must be filed within one year after the date the Party asserting the claim first knows or should know of the act, omission or default giving rise to the claim, or the shortest time period permitted by applicable law.
9.4 Arbitration Procedures. Either Party may commence arbitration by filing a written demand for arbitration with JAMS, with a copy to the other Party according to the notice procedures in Section 11.2. The arbitration will be conducted in accordance with JAMS Streamlined Arbitration Rules and Procedures and any other applicable rules that JAMS requires (“JAMS Rules”) in effect as of the demand for arbitration. The Parties agree that the U.S. Federal Arbitration Act and federal arbitration law govern the interpretation and enforcement of these arbitration provisions. Any arbitration hearings will take place in in Orange County, Florida, or elsewhere as required by JAMS Rules. The Parties’ responsibility to pay any filing, administrative and arbitrator fees will be solely as set forth in the JAMS Rules. The Parties will cooperate with JAMS and each other in scheduling the arbitration proceedings, and in selecting one arbitrator from the appropriate JAMS list with substantial experience in resolving intellectual property and contract disputes. The arbitrator shall follow this Agreement and, to the extent permitted by JAMS Rules, can award costs, fees and expenses, including reasonable attorneys’ fees to the prevailing party, except that the arbitrator shall not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
9.5 Exceptions. You or Leasecake may assert claims, if they qualify, in small claims court in Orange County, Florida. You or Leasecake may seek injunctive relief from a court of competent jurisdiction in Orange County, Florida as necessary to protect the intellectual property rights of you or Leasecake pending the completion of arbitration. Leasecake may take action in court or arbitration to collect any fees or recover damages for, or to seek injunctive relief relating to, Platform operations, or unauthorized use of our Platform or intellectual property. Nothing in this Section 9 shall diminish Leasecake’s right to modify, suspend or terminate your account or access to our Platform under Section 2.2.
9.6 Arbitration Opt Out. You may decline to resolve disputes through arbitration by emailing us at arbitration-opt- out@Leasecake.com within 30 days of the date you first agree to this Agreement. Your email must include your full name, residential address, the email address registered to your Leasecake account, and a clear statement that you want to opt out of arbitration. If you opt out according to this process, then Sections 9.2, 9.3, and 9.4 of this Agreement do not apply to you. This opt-out does not affect any other sections of this Agreement, such as Sec
9.7 Class Action Waiver. You agree to resolve disputes with Leasecake on an individual basis. You agree not to bring a claim as a plaintiff or a class member in a class, consolidated or representative action. You are expressly waiving any right to participate in class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations.
10. Intellectual Property
10.1 Intellectual Property of Each Party. Leasecake trademarks, logos, service marks, and service names are the intellectual property of Leasecake. Your trademarks, logos, service marks and service names are your intellectual property. Each Party agrees not to use the other Party’s intellectual property without that Party’s prior written consent.
10.2 Intellectual Property of Others. Leasecake respects the intellectual property of others, and we expect our Members to do the same. We may, in appropriate circumstances and in our discretion, remove or disable access to material that infringes on the intellectual property rights of others. We may also restrict or terminate access to our Platform to those who we believe to be repeat infringers. If you believe your intellectual property rights have been violated, please contact us in accordance with Section 11.2.
10.3 Copyright Policy. We have adopted a copyright policy consistent with the Digital Millennium Copyright Act to block access to or remove content that we believe in good faith to be infringing based on a bona fide notification that complies with the Digital Millennium Copyright Act. Note that under 17 U.S.C. § 512(f), you may be liable for any damages, including costs and attorneys’ fees incurred by us or our members, if you knowingly materially misrepresent that content or activity is infringing. If you are unclear whether the content at issue is infringing, you should consider contacting an attorney.
11. Miscellaneous
11.1 Translation. This Agreement was written in English and may be translated into other languages. If there is any inconsistency between the English version and a translated version, the English language version controls.
11.2 Notices. Except as otherwise stated in this Agreement or as expressly required by law, any notice to us shall be given by certified postal mail to Leasecake, Inc., Attn: Legal Department, 1350 N Orange Avenue, Suite 101, Winter Park, FL 32789. Any notice to you shall be given to the most current email address in your account.
11.3 Entire Agreement. This Agreement constitutes the entire agreement between you and Leasecake, superseding any prior agreements between you and Leasecake on such subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by the Party against whom the modification, amendment or waiver is to be asserted.
11.4 No Agency. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Leasecake is intended or created by this Agreement. A Member of the Leasecake Platform is not Leasecake’s representative or agent and may not enter into an agreement on Leasecake’s behalf.
11.5 Governing Law. This Agreement and the relationship between you and Leasecake shall be governed by the laws of the state of Florida without regard to its conflict of laws provisions, except as set forth in Section 9.
11.6 Judicial Forum. If our agreement to arbitrate is found not to apply to you or your claim, or if you opt out of arbitration pursuant to Section 9.6, you and Leasecake agree that any judicial proceedings (other than small claims actions) must be brought exclusively in the federal or state courts located in Orange County, Florida, and you and Leasecake agree to venue and personal jurisdiction in those courts.
11.7 Time for Filing. Any claim not subject to arbitration must be commenced within one year after the date the party asserting the claim first knows or should know of the act, omission or default giving rise to the claim, or the shortest time period permitted by applicable law.
11.8 Assignment. Neither Party may assign any of its rights or obligations under this Agreement, whether by operation of law or otherwise, without the prior written consent of the other Party (not to be unreasonably withheld). Notwithstanding the foregoing, either Party may assign this Agreement in its entirety, without consent of the other Party, to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other Party. Subject to the terms specified herein, this Agreement shall bind and inure to the benefit of the Parties, their respective successors and permitted assigns.
11.9 No Waiver. A Party’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive any right to act with respect to subsequent or similar breaches.
11.10 Severance. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and Leasecake nevertheless agree that the court should endeavor to give effect to the Parties’ intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.
11.11 Termination. If we terminate your account or access to our Platform, this Agreement terminates with respect to the Member account that has been terminated. Either Party may terminate this Agreement for cause (i) upon thirty (30) days written notice to the other Party of a material breach if such breach remains uncured at the expiration of such thirty (30) day period, or (ii) if the other Party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. In addition, a Party may immediately and without notice terminate this Agreement for cause upon the material breach of this Agreement by the other Party if such breach is incurable. However, certain provisions of this Agreement that by their nature survive termination shall survive termination, including those terms listed below in Section 11.12 (Survival).
11.12 Survival. Sections 3 (Fees, Payments, and Offers), 4.2 (Content License from You), 4.3 (Privacy), 6 (Release), 7 (Indemnification), 8 (Warranty Disclaimer and Limitation of Liability), 9 (Dispute Resolution), 11.11 (Termination), 11 (Other Stuff) of this Agreement, and any other provisions necessary to give effect to these provisions, shall survive any termination or expiration of this Agreement.
11.13 Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The information in the “Terms of Service Overview” section, and in the “Tips” and “Summary” sections is also for convenience only and has no legal or contractual effect.
11.14 Violations. Please report any violations of this Agreement by a Member or third party by sending an email to legal@Leasecake.com.
