Terms Of Service
LAST REVISED: February 2017
Flip Technologies Inc. d/b/a Flip (“Flip,” “we”, “us”, or “our”) welcomes you. These Terms of Service “Terms” are a binding legal agreement between you and Flip. The Terms govern all use of the Flip service whether you access from our website at https://www.flip.lease on web or mobile (collectively, the “Website”), our mobile application (the “App”) or any other access point that we make available to you (“Services”).
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Website, App or Services. Failure to use the Website, App or Services in accordance with these Terms may subject you to civil and criminal penalties.
“Member” means a person who completes Flip’s account registration process, including but not limited to Listers and Renters, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or Flip promotional campaign to be made available through the Site, Application or Services.
“Lister” means a Member who owns or has leasehold interest in a unit and has created a listing on the Website or App.
“Listing” means an online profile of a Unit that is available for rent on the Website or App.
“Unit” means an apartment, house, office or retail space.
“Renter” means a Member who requests to book a Unit.
“Booking” means a completed transaction between a Lister and Renter that specifies the length of the lease, monthly rent, price or bounty associated with the listing, and the address of the leased premises.
“Total Booking Fee” means funds required to reserve a rental and mark it as unavailable on the Website or App. The Booking Fee includes the Move-In Deposit and Service Fees less any One-Time-Price.
“Booking Request Period” means the 72 hour time period after a Booking is requested and before the Booking expires, in which the Lister is required to either accept or reject the Booking.
“Bounty” means funds paid by the Lister to the Renter upon Booking, or paid to a Member who refers a Renter to the Listing that has a Bounty on it.
“One-Time-Price” means funds paid by the Renter to the Lister upon Booking, representing a premium over and and above the market rent price of the Unit.
“Flip Lease” means a contract between a Lister and a Renter governing the terms of the rental after Booking is accepted.
“Communication” means an email, message via the Application, or text message.
“Move-In” means transfer of access to a Unit from a Lister to a Renter, as defined by the Renter making a request to release the Move-In Deposit to the Lister and receiving keys to the Unit.
“Move-In Deposit” means funds that must be by the Renter in order to book a listing and move in.
“Security Deposit” means funds that are held by Flip in an interest-bearing escrow account for the duration of the Flip Lease, and returned to the Renter at the end of the Flip Lease after a photograph-based inspection of the unit demonstrates that no damage occurred.
“Payout” means funds - including the Move-In Deposit and rent payments- transferred from the Renter to the Lister. A payout only occurs if and when both the Renter and the Lister approve the Payout.
“Property Manager” means a professional in charge of maintaining a building, responding to tenant requests, filling vacancies, vetting prospective new tenants and turning over units in a building.
“Leasehold Interest” means a claim or right to enjoy the exclusive possession and use of an asset or property for a stated definite period, as created by a written lease. A long-term lease interest is a valuable asset that can be traded or mortgaged as a physical asset.
II. Flip Service
Flip is an online platform that connects property owners and leaseholders (“Listers”) who desire to lease on a short term or flexible basis, sublet or assign a residential or commercial lease with individuals who are looking for the same (“Renters”). FLIP HAS NO CONTROL OVER THE CONDUCT OF LISTERS, RENTERS OR OTHER USERS OF THE WEBSITE, APP OR SERVICES AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
THE WEBSITE, APP AND SERVICES ARE INTENDED TO BE USED BY LISTERS AND RENTERS TO CONNECT DIRECTLY WITH EACH OTHER. FLIP DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS OR THE CONDITION, LEGALITY, TRANSFERABILITY OR SUITABILITY OF ANY UNITS. FLIP DOES NOT HAVE ANY OWNERSHIP INTEREST IN THE APARTMENTS NOR DOES IT SERVICE, MANAGE, OR OTHERWISE CONTROL THE APARTMENTS.
FLIP IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND UNITS. ANY TRANSFER OF A LEASEHOLD INTEREST WILL BE MADE AT THE LISTER’S AND RENTER’S OWN RISK. UNLESS EXPLICITLY SPECIFIED OTHERWISE, FLIP’S RESPONSIBILITIES ARE LIMITED TO FACILITATING THE AVAILABILITY OF THE WEBSITE, APP, AND SERVICES.
III. Member Account Registration
To access certain features of the Website and App you are required to create a Member account and become a Member. You may register by logging into your account with certain third-party social networking Websites (“SNS”) (including, but not limited to, Facebook; each such account, a “Third-Party Account”), via our Website or App, as described below. As part of the functionality of the Website, App and Services, you may link your Flip Account with Third-Party Accounts, by either:
(i) providing your Third-Party Account login information to Flip through the Website, Services or App;
(ii) allowing Flip to access your Third-Party Account, as permitted under the applicable Terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Flip and/or grant Flip access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the Terms and conditions that govern your use of the applicable Third-Party Account and without obligating Flip to pay any fees or making Flip subject to any usage limitations imposed by such third-party service providers. By granting Flip access to any Third-Party Accounts, you understand that Flip will access, make available and store (if applicable) any content that you have provided to and made publicly accessible in your Third-Party Account (“SNS Content”) so that it is available on and through the Website, Services and App via your Flip Account and Flip Account profile page.
Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Flip Account on the Website, Services and App. Please note that if a Third-Party Account or associated service becomes unavailable or Flip’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Website, Services and App. You have the ability to disable the connection between your Flip Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Third-Party’s website. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Flip makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Flip is not responsible for any SNS Content.
We will create your Flip Account and your Flip Account profile page for your use of the Website and App based upon the personal information you provide to us or that we obtain via an SNS as described above. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Flip reserves the right to suspend or terminate your Flip Account and your access to the Website, App and Services. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Flip Account, whether or not you have authorized such activities or actions. You will immediately notify Flip of any unauthorized use of your Flip Account. A Lister or Renter is permitted to only create one account; multiple accounts will be deactivated in our sole discretion.
IV. Member Obligations and Expectations
There is no tolerance for objectionable content. You agree that you will not:
(i) Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content
(ii) Add content that is not intended for, or inaccurate for, a designated field
(iii) Create a false identity on Flip
(iv) Create a Member profile for anyone other than yourself (a real person)
(v) Use or attempt to use another's account
(vi) Harass, abuse or harm another person
(vii) Send spam or other unwelcomed communications to others
(viii) Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner
(ix) Post anything that contains software viruses, worms, or any other harmful code; Copy or use the information, content or data on Flip in connection with a competitive service (as determined solely by Flip)
Flip reserves the right to limit your use of the Services, including your ability to contact other Members. Flip reserves the right to restrict, suspend, or terminate your account if Flip believes, in its sole discretion, that you may be in breach of this Agreement or law or are misusing the Services (e.g. violating the Member Obligations and Expectations).
V. Listing Quality Policy
As a Member, you may create a Listing. To create a Listing, you will be prompted to input information about the Unit to be listed including the location, size, features, lease term, and pricing of the Unit. In order to be featured in Listings via the Website, App and Services, all Units must have valid physical addresses and the Lister must either own the unit or have a leasehold interest in the Unit. Listings will be made publicly available via the Website, App and Services.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post:
(i) will not breach any agreements you have entered into with any third parties, such as home owners association, condominium, lease or rental agreements, and
(ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, and rules and regulations that may apply to any Unit included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties including but not limited to the fee owner of the Apartment.
Please note that Flip assumes no responsibility for a Lister’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Flip reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Flip, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Website, App or Services.
When you create a Listing, you may also choose to include certain requirements which must be met by Members who are eligible to contact you, including, but not limited to, requiring Members to have a profile picture, verified phone number or a completed Member Profile.
VI. Rental Exclusivity Agreement
The Lister may opt to have his or her Listing syndicated throughout a network of Listing Portals such as, but not limited to: Zillow.com, StreetEasy.com, Apartments.com, Realtor.com, the OLS or the MLS. You agree that by opting into the syndication option you employ Flip (“Brokerage”) to act as your exclusive agent with an “Exclusive Right to Lease.” An “Exclusive Right to Lease” means that Flip will advertise the Unit and no other advertisement will be posted without our consent.
If Flip has your exclusive right to list and the listing is in New York, then Flip is obligated to show the listing to any REBNY residential broker member with a ready, willing and able customer at any time during the term of the exclusive. If a sublease or lease is signed then the commission will be split between Flip and the broker in the following way: the full amount of the agreed upon brokerage commission less the Flip service fee will be paid to the broker by the broker’s client. The Flip service fee will be paid to Flip and this must be done through Flip’s booking tool.
VII. Bookings and Financial Terms for Listers
If you are a Lister and a Booking is requested for your Unit via the Website, App or Services, you will be required to either confirm or reject the Booking request within the Booking Request Period, otherwise the request will automatically expire after 72 hours. When a Booking is requested via the Website, Application or Services, we will share the following information with you about the renter who has requested a Booking:
(i) First and last name
(ii) Verified current employment status
(iii) Verified total annual income
(iv) Credit reports, criminal background checks and eviction records from TransUnion
(v) Renting history, including length and location of last leased premises
(vi) If the Lister and Renter have both connected their Flip accounts to SNS and have not turned off sharing of social connections, the names of any shared connections on such SNS
(vii) Employment and education history provided by the Renter’s public LinkedIn profile
If you are unable to accept or decide to reject a Booking request within the Booking Request Period, then the Total Booking Fees will be refunded to the applicable Renter in full. When you confirm a Booking requested by a Renter, Flip will collect the Total Booking Fees from the Renter and will hold these funds in an escrow account. Flip will initiate payment of the Move-In Deposit (less applicable fees and taxes) to the Lister when the Lister and the Renter both request Payout.
The time it takes for the Lister to receive payouts may depend on the third-party payment processors used by Fllp, who may impose their own additional charges for the use of their services on the Lister, including by deducting their charges from the payout amount.
VII. Bookings and Financial Terms for Renters
The Total Booking Fees will be displayed to a Renter before the Renter sends a Booking request to a Lister. As noted above, the Lister is required to either accept or reject the Booking request within the Booking Request Period; otherwise, the requested Booking will be automatically cancelled.
Upon receipt of the Renter’s Booking request, Flip may initiate a pre-authorization and/or charge a nominal amount to the Renter’s Payment Method. If a requested Booking is cancelled (i.e. not confirmed by the applicable Lister), any amounts collected by Flip will be refunded to such Renter, depending on the selections the Renter makes via the Website Application and Services, and any pre-authorization of such Renter’s Payment Method will be released, if applicable.
You as the Renter agree to pay the Total Booking Fees for any Booking accepted in connection with your Flip Account. Once your confirmed Booking transaction is complete you will receive a confirmation Communication summarizing your confirmed Booking. When you receive this Communication your payment obligation to the Lister is extinguished and the listing will no longer be publicly accessible. Flip is responsible for the Payout to the Lister.
The Lister, not Flip, is solely responsible for honoring any confirmed Bookings and making available any Units reserved through the Website, Application and Services. If you, as a Renter, choose to enter into a transaction with a Lister for the Booking of a Unit, you agree and understand that you will be required to enter into an agreement with the Lister and you agree to accept any terms, conditions, rules and restrictions associated with such Booking imposed by the Lister. You acknowledge and agree that you, and not Flip, will be responsible for performing the obligations of any such agreements, that Flip is not a party to such agreements, and that Flip disclaims all liability arising from or related to any such agreements. You agree that Flip has no liability for damages associated with Units (which may include bodily injury, death, or anything else that happened in a Unit) or resulting from any other transactions between Members of Flip.
IX. Service Fees and Other Fees
In consideration for the use of Flip’s online marketplace and platform, Flip charges Service Fees. Renter Fees are included in the Total Booking Fee. Applicable Renter Fees, as well as Taxes collected by Flip, will be shown to Renters via the Site and Application at checkout, prior to their submission of a Booking request.
Flip does not charge a service fee to the lister. If Flip begins to charge a Lister Feee it will disclose applicable fees to Listers via the Site and Application.
X. Peace of Mind Guarantee
All stays booked and paid for through Flip are covered by Flip's Peace of Mind Guarantee (“Guarantee”). The Guarantee, as outlined below, protects the Lister and the Renter against monetary damages due to fraudulent activity, cancellations, or misrepresentations. The Peace of Mind Guarantee includes the Renter Refund Policy and the Lister Refund Policy.
XI. Renter Refund Policy
The Renter Refund Policy is available to Renters who complete a Booking and suffer an Application Issue or a Move-In Issue.
1. Application Issue. An Application Issue means that the Renter does not pass the Property Manager’s or Lister’s screening process and cannot find someone to cosign the lease with him or her ( a guarantor).
2. Move-In Issue. A “Move-In Issue” means any one of the following:
(a) the Lister of the Unit (i) cancels a booking shortly before the scheduled start of the booking, or (ii) fails to provide the Renter with the reasonable ability to access the Unit (e.g., by providing the keys and/or a security code)
(b) the description of the Unit in the Listing is materially inaccurate with respect to:
(i) the size of the Unit (e.g., number and size of the bedroom, bathroom and/or kitchen or other rooms),
(ii) whether the Booking is for an entire place, private room or shared room, and whether another party, including the Lister, is staying at the Unit during the lease period,
(iii) special amenities or features represented in the Listing are not provided or do not function, such as decks, pools, hot tubs, bathrooms (toilet/shower/bathtub), kitchen (sink/stove/refrigerator or major other appliances), and electrical, heating or air condition systems, or
(iv) the physical location of the Listing (proximity).
(c) at the start of the Flip Lease, the Unit: (i) is not generally clean and sanitary (ii) contains safety or health hazards that would be reasonably expected to adversely affect the Renter’s stay in Flip’s judgment, (iii) has vermin or contains pets not disclosed on the Listing.
(d) the availability of the Listing is misrepresented with respect to:
(i) the leasehold interest (i.e., the Lister claimed but did not actually have leasehold interest for at least the length of the Flip Lease, or the Lister did not have leasehold interest in the first place);
(ii) approval status of the sublease by the Property Manager of the Unit (i.e. if the Lister inaccurately represents that the sublease has been approved or will be approved)
3. The Renter Refund Policy. If you are a Renter and suffer an Application Issue or a Move-In Issue, we agree, at our discretion, to either (i) reimburse you up to the amount of your Total Booking Fee, as determined by Flip in our discretion, depending on the nature of the issue suffered or (ii) use our reasonable efforts to find and book you another Unit. All determinations of Flip with respect to the Renter Refund Policy, including without limitation the size of any refund, shall be final and binding on the Listers and Renters.
4. Conditions to Claim a Refund. Only a Renter may submit a claim for an Application Issue or a Move-In Issue. If you are a Renter, in order to submit a valid claim and receive the benefits with respect to your Booking, you are required to meet each of the following conditions:
(a) you must bring the Application Issue or Move-In Issue to our attention in writing ([email protected]) and provide us with information (including photographs or other evidence) about the Booking and the circumstances of the issue within 24 hours after the start of your Booking as defined in your Flip Lease and by the fact of your Payout. You must respond to any requests by us for additional information or cooperation on the Move-In Issue;
(b) you must not have directly or indirectly caused the Move-In Issue (through your action, omission or negligence); and
(c) you must have used reasonable efforts to try to remedy the circumstances of the Move-In Issue with the Lister prior to making a claim for a Move-In Issue.
5. Minimum Quality Standards, Lister Responsibilities and Reimbursement to Renter. If you are a Lister, you are responsible for ensuring that the Units you list on the Platform meet minimum quality standards regarding access, adequacy of the description on the Platform, safety, cleanliness, and do not present a Renter with Move-In Issues. During the 24-hour period following the Renter’s move-in, Listers should be available, or make a third-party available, in order to try, in good faith, to resolve Lister issues.
If you are a Lister, and if (a) Flip determines that a Renter has suffered a Move-In Issue related to an Unit listed by you and (b) Flip either reimburses that Renter any amount up to the amount paid by the Renter through the Platform for the Unit or provides an alternative Unit to the Renter, you agree to reimburse Flip up to the amount paid by Flip within 30 days of Flip’s request. All determinations of Flip with respect to the Renter Refund Policy, including without limitation the size of any refund to the Renter, shall be final and binding on the Renters and Listers. You also agree that in order for you to reimburse Flip up to the amount paid by Flip, Flip may off-set or reduce any amounts owed by Flip to you by this amount. If the Renter remains for part or all of the stay despite the Move-In Issue, the Renter will receive a refund that will reduce the amount of the Booking Fees ultimately paid to you. If the Renter is relocated to an alternative Unit, you may lose part or all of the Booking Fee and you may be responsible for reasonable additional costs incurred to relocate the Renter to the alternative Unit.
If you as a Lister dispute the Move-In Issue you may notify us in writing ([email protected]) or via telephone and provide us with information (including photographs or other evidence) disputing the claims regarding the Move-in Issue, provided you must have used reasonable and good faith efforts to try to remedy the Move-In Issue with the Renter prior to disputing the Move-In Issue claim. You agree that all determinations of Flip with respect to the Move-In Issue shall be final and binding on the Renters and Listers regardless of your submission of a dispute against such Move-In Issue. In the event of one or more Move-In Issues, Flip, in its discretion, may elect to take additional actions. These actions include, but are not limited to, banning you from the Website, App or Services, negatively affecting your Listing ranking or imposing penalties or fees for the administrative burden associated with the Move-In Issues.
6. General Provisions.
(a) No Assignment/No Insurance. This Renter Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Renter, and the Renter has not paid any premium in respect of the Renter Refund Policy. The benefits provided under this Renter Refund Policy are not assignable or transferable by you.
(b) Modification or Termination. Flip reserves the right to modify or terminate this Renter Refund Policy, at any time, in its sole discretion, and without prior notice. If Flip modifies this Renter Refund Policy, we will post the modification on the Platform or provide you with notice of the modification and Flip will continue to process all claims for Move-In Issues made prior to the effective date of the modification.
(c) Entire Agreement and Definitions. This Renter Refund Policy constitutes the entire and exclusive understanding and agreement between Flip and you regarding the Renter Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between Flip and you regarding the Renter Refund Policy.
(f) Limitation of Liability. IN NO EVENT WILL FLIP’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS RENTER REFUND POLICY, EXCEED THE AMOUNT OF THE BOOKING FEES COLLECTED BY FLIP FROM THE RENTER. 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.
XII. Lister Refund Policy
If you are a lister and you accept a Booking Request then the Renters’ obligation to pay the Move-in Deposit has been met. If the Renter decides to cancel the reservation before the start date then the first month of the Booking- one month of rent - will be paid to the Lister in full and not refunded to the Renter. If the Move-In Deposit is greater than the first month of rent then the difference between one month of rent and the Move-In Deposit will be refunded to the renter.
If the renter decides to shorten or cancel their stay after moving in they must do so with 30 days notice and are required to pay the Lister for 30 days following the cancellation date, or up to the end date of the Booking if the remaining portion of the original Booking is less than 30 days.
XIII. Fair Housing
Our company conducts business in accordance with all federal, state and local fair housing laws. It is our policy to provide housing opportunities to all persons regardless of age, citizenship,color, familial status, handicap, marital status, national origin, occupation, race, religion, sex or sexual orientation.
G, LEASE FLIP EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. LEASE FLIP MAKES NO WARRANTY THAT THE WEBSITE, APP, AND SERVICES, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY APARTMENTS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. LEASE FLIP MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, APARTMENTS OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE WEBSITE, APP, OR SERVICES.
XIV. Lead Paint and Window Guards
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, Listers must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Renters must also receive a federally approved pamphlet on lead poisoning prevention.
The Lister has no knowledge of lead based paint of lead based paint hazards in the housing, and had provided the Renter with all available records and reports pertaining to lead based paint and/or lead based paint hazards in the housing. The Renter has read a copy of the pamphlet Protect Your Family From Lead in Your Home.
Your use of the Website, App or Services a a lister serves as an acknowledgement that the lister has been made aware of his or her obligations under 42 U.S.C. 4852(d) and is aware of his or her responsibility to ensure compliance.
The Website, App and Services are intended solely for persons who are 18 or older. Any access to or use of the Website, App or Services by anyone under 18 is expressly prohibited. By accessing or using the Website, App or Services you represent and warrant that you are 18 or older.
XVI. No Endorsement
By using the Website, App or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Flip with respect to such actions or omissions.
IF YOU CHOOSE TO USE THE WEBSITE, APP, SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT FLIP DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, LISTERS AND RENTERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE WEBSITE, APP, AND SERVICES, ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, FLIP EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FLIP MAKES NO WARRANTY THAT THE WEBSITE, APP, AND SERVICES, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY UNITS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. FLIP MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, APARTMENTS OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE WEBSITE, APP, OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FLIP OR THROUGH THE WEBSITE, APP, SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE, APP OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, APP OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY LISTER OR RENTER. YOU UNDERSTAND THAT FLIP DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE WEBSITE, APP OR SERVICES OR TO REVIEW OR VISIT ANY APARTMENTS. FLIP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE WEBSITE, APP OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE WEBSITE, APP OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE, APP OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, APP OR SERVICES, INCLUDING, BUT NOT LIMITED TO, APARTMENTS SEEKERS AND LEASEHOLDERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY FLIP. FLIP EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY LEASEHOLDER, APARTMENT SEEKER OR OTHER THIRD PARTY.
XIX. Limitation of Liability
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 WEBSITE, APP, SERVICES AND CONTENT, YOUR LISTING VIA THE WEBSITE, APP AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF FLIP WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER FLIP NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, APP, SERVICES, OR 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 THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE WEBSITE, APP, SERVICES OR CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE WEBSITE, APP, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, APP, OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FLIP 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.
XX. Dispute Resolution
In the event there is a legal dispute, you agree that the laws of the State of New York, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Terms of Service. We agree that all of these claims can only be litigated in the federal or state courts of New York County, New York, USA, and we each agree to personal jurisdiction in those courts.
XXI. No Counterclaims
In any action by Owner seeking recovery of the apartment, Renter shall not make a counterclaim against Owner relating to any matter other than a claim that Owner has not properly maintained the condition of the building or apartment. Renter shall be required to bring an independent action on any other counterclaim.
XXII. No Jury Trial
In any legal proceeding arising under the terms of this lease, whether instituted by Owner or Renter, the parties agree to give up the right to a trial by a jury. The right to a trial by jury is an important right of Renter, and Renter is agreeing not to demand a trial by jury. The foregoing is not intended to prohibit a demand for a trial by jury in actions for personal injury or damage to property.
XXIII. Legal Fees
In the event either Flip or Renter or Lister incurs legal fees and/or court costs in the enforcement of any of Flip's or Renter or Lister’s rights under this lease or pursuant to law, neither party shall be entitled to the repayment of such legal fees and/or court costs. Renter or Lister shall be liable to Flip in the event Flip incurs legal fees in the enforcement of any of Flip's rights under this lease or pursuant to law. Renter or Lister shall be liable to Flip for such legal fees and/or court costs as added rent.
XXIV. General Terms
If a court with authority over this Term of Service finds any part of it not enforceable, you and us agree that the court should modify the Terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. This Agreement (including additional Terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don't act to enforce a breach of this Agreement, that does not mean that Flip has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that Flip may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Agreement.
You agree that the only way to provide us legal notice is at the addresses below.
Flip Technologies, Inc. 99 Hudson Street, New York, New York, 10014