TERMS AND CONDITIONS
Thanks for choosing SubletU ("SubletU," "we," "us," "our"). SubletU provides services with interactive features for subletting residential real property within the State of Florida, as well as other products and services that may be developed from time-to-time. By signing up or otherwise using any of these SubletU services, including all associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with our services (collectively, the "SubletU Service" or "Service"), or accessing any other content or material that is made available through the Service (the "Content") you are entering into a binding contract with SubletU, LLC.
Your agreement with us includes these Terms and any additional terms that you agree to, as discussed in the Entire Agreement section below, other than terms with any third parties (collectively, the "Agreements"). The Agreements include terms regarding future changes to the Agreements, limitations of liability, privacy, waiver of class actions, and resolution of disputes. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don"t agree with (or cannot comply with) the Agreements, then you may not use the SubletU Service or access any Content.
In order to use the SubletU Service and access any Content, you need to (1) be 18 years or older; (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws; and (3) reside in the United States. You also promise that any registration information that you submit to SubletU is true, accurate, and complete, and you agree to keep it that way at all times.
Changes to the Agreements
Occasionally we may make changes to the Agreements. When we make material changes to the Agreements, we"ll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account by contacting us.
Using Our Service
The SubletU Service and the Content are the property of SubletU or SubletU's licensors. We grant you limited, non-exclusive, revocable permission to make use of the SubletU Service, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content (collectively, "Access"). This Access shall remain in effect until and unless terminated by you or SubletU. You promise and agree that you are using the SubletU Service and Content for your own personal, non-commercial use and that you will not redistribute or transfer the SubletU Service or the Content.
The SubletU software applications and the Content are not sold or transferred to you, and SubletU and its licensors retain ownership of all copies of the SubletU software applications and Content even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers and/or other devices ("Devices").
All SubletU trademarks, service marks, trade names, logos, domain names, and any other features of the SubletU brand ("SubletU Brand Features") are the sole property of SubletU or its licensors. The Agreements do not grant you any rights to use any SubletU Brand Features whether for commercial or non-commercial use.
You agree to abide by our?User guidelines?and not to use the SubletU Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in the Agreements, SubletU grants no right, title, or interest to you in the SubletU Service or Content.
Third Party Applications and Devices
The SubletU Service is integrated with or may otherwise interact with third party applications, websites, and services ("Third Party Applications") and third party Devices to make the SubletU Service available to you. These Third Party Applications and Devices may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications and Devices will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that SubletU does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or Device or for any transaction you may enter into with the provider of any such Third Party Applications and Devices, nor does SubletU warrant the compatibility or continuing compatibility of the Third Party Applications and Devices with the Service.
Rights You Grant Us
In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the SubletU Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the SubletU Service, the Content you access, including its selection and placement, may be influenced by commercial considerations, including SubletU"s agreements with third parties. Some Content licensed by, provided to, created by or otherwise made available by SubletU may contain advertising as part of the Content. The SubletU Service makes such Content available to you unmodified.
If you provide feedback, ideas or suggestions to SubletU in connection with the SubletU Service or Content ("Feedback"), you acknowledge that the Feedback is not confidential and you authorize SubletU to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
You grant SubletU a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
Service Limitations and Modifications
SubletU will make reasonable efforts to keep the SubletU Service operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. SubletU reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the SubletU Service, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the SubletU Service or any function or feature thereof. You understand, agree, and accept that SubletU will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. SubletU and/or the owners of any Content may, from time to time, remove any such Content without notice. This section will be enforced to the extent permissible by applicable law.
VII.Payments and Cancellations
You must timely submit payment of any and all fees incurred by you in connection to the SubletU Service (the "Fees") via the SubletU website (www.subletu.org) (the "Website") or any other third-party website and/or portal designated by SubletU. SubletU may change the amount of the Fees from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next monthly period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the SubletU Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by cancelling the SubletU Service prior to the price change going into effect.
If you establish a SubletU account on behalf of a company, organization, entity, or brand (a "Brand," and such account a "Brand Account"), the terms "you" and "your," as used throughout the Agreements, apply to both you and the Brand. If you create a Brand Account, you represent and warrant that you are authorized to grant all permissions and licenses provided in the Agreements and to bind the Brand to the Agreements.
For customer support with account-related and payment-related questions ("Customer Support Queries"), please submit a ticket to our Customer Service department using the Customer Service?contact email listed?on the footer section of our website. We will use reasonable endeavors to respond to all Customer Support Queries within a reasonable time frame but we make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.
X.Term and Termination
The Agreements will continue to apply to you until terminated by either you or SubletU. SubletU may terminate the Agreements or suspend your access to the SubletU Service at any time, including in the event of your actual or suspected unauthorized use of the SubletU Service and/or Content, or non-compliance with the Agreements, or if we withdraw Services (in which case we shall provide you with reasonable notice in advance of doing so). If you or SubletU terminate the Agreements, or if SubletU suspends your access to the SubletU Service, you agree that SubletU shall have no liability or responsibility to you, and SubletU will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate the Agreements at any time. To learn how to terminate your SubletU account, please contact us through the Customer Service contact email which is listed in the footer of the website. This section will be enforced to the extent permissible by applicable law.
YOU UNDERSTAND AND AGREE THAT THE SUBLETU SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. SUBLETU AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER SUBLETU NOR ANY OWNER OF CONTENT WARRANTS THAT THE SUBLETU SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, SUBLETU MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SUBLETU SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND SUBLETU IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM SUBLETU SHALL CREATE ANY WARRANTY ON BEHALF OF SUBLETU. WHILE USING THE SUBLETU SERVICE.
XII. Representations and Warranties
By utilizing the SubletU Service, you represent and warrant to SubletU the following:
(a) that you are legally authorized to sublease that certain real property (the "Subject Property") that is the subject of your SubletU Application (the "Subject Property");
(b) that as of the date of submission of your SubletU Application, subletting of the Subject Property is permitted under the applicable Bylaws and Declaration of Covenants governing the Subject Property, including any amendments thereto, if any;
(c)that all information entered by you on the SubletU Application is accurate and correct, including but not limited to your full legal name and date of birth;
(d)that you shall be personally liable for and will timely pay all payments due to SubletU for services rendered by Sublet to you;
(e)that you are the only individual residing on the Subject Property; and
(f)that you shall cooperate in good-faith with SubletU in the execution of any and all materials reasonably necessary to ensure full and proper performance of the obligations arising pursuant to your submission of the SubletU Application.
You agree to indemnify and hold harmless SubletU, its agents, officers, directors, employees, attorneys and their respective successors and assigns, from and against any and all losses, costs, expenses, claims, damages and liabilities to which they may become subject under any applicable law, or any claim made by any third party, or otherwise, to the extent they relate or arise out of the performance of the obligations undertaken by SubletU as contemplated by the Agreements.
XIV. General Provisions
(a)Headings.Section and subsection headings of these Terms and Conditions are inserted for convenience only and shall not be deemed to constitute a part hereof nor to affect the meaning thereof.
(b)No Representations. SubletU does not warrant or represent to you that any rent collected by you from the subletting of the Subject Property will be sufficient to pay the Fees and/or costs incurred in connection to the SubletU Service.
(c)Severability.If any term or provision of these Terms and Conditions should be declared invalid by a court of competent jurisdiction, the remaining terms and provisions shall remain unimpaired and in full force and effect.
(d)Governing Law. These Terms and Conditions shall be governed by and construed and enforced in accordance with the substantive laws of the State of Florida, without regard to conflict of laws provisions. Venue of any dispute arising out of this Agreement shall be conducted only in a court of competent jurisdiction in Orange County, Florida.
(e)Attorney's Fees. In any litigation arising out of or in connection with these Terms and Conditions, the prevailing party(ies) shall be entitled to recover its taxable costs and reasonable attorney's fees, including attorney's fees on appeal from the non-prevailing party(ies).
(f)Complete Agreement. Other than as stated in this section or as explicitly agreed upon in writing between you and SubletU, the Agreements constitute all the terms and conditions agreed upon between you and SubletU and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Please note, however, that certain aspects of your use of the SubletU Service may be governed by additional agreements.
(g)Severability, Waiver and Interpretation. Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law. Any failure by SubletU or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive SubletU"s or the applicable third party beneficiary"s right to do so.