Terms Of Service
By using the Website, App or Services, you are contracting with Flip Technologies, Inc. with respect to use of the Flip Technologies, Inc. Website, App or Services, hereinafter referred to as "Lease Flip", "we", "us", or "our".
Flip Technologies, Inc. is an online platform that connects Leaseholders (Defined Below) who desire to either sublet or assign a residential apartment lease with individuals who are looking for the same (collectively, the “Services”) which services are accessible at flip.lease and any other Website that it makes its services available (collectively the “Website”) as well as through its mobile application (the “App”).
By using the Website or App, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Website, App, and Services, and constitute a binding legal agreement between you and Flip Technologies, Inc.. 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 and App in accordance with these Terms may subject you to civil and criminal penalties.
THE WEBSITE, APP AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH LEASEHOLDERS CREATE LISTINGS (DEFINED BELOW) OF APARTMENTS (DEFINED BELOW) AND APARTMENT SEEKERS (DEFINED BELOW) MAY LEARN ABOUT AVAILABLE APARTMENTS. YOU UNDERSTAND AND AGREE THAT FLIP IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN LEASEHOLDERS AND APARTMENT SEEKERS, NOR IS FLIP A REAL ESTATE BROKER, AGENT OR INSURER. FLIP HAS NO CONTROL OVER THE CONDUCT OF LEASEHOLDERS, APARTMENT SEEKERS AND OTHER USERS OF THE WEBSITE, APP AND SERVICES OR ANY APARTMENTS, 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 LEASEHOLDERS AND APARTMENT SEEKERS TO CONNECT DIRECTLY WITH EACH OTHER. FLIP TECHNOLOGIES DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY, TRANSFERABILITY OR SUITABILITY OF ANY APARTMENTS. FLIP TECHNOLOGIES DOES NOT HAVE ANY OWNERSHIP INTEREST IN THE APARTMENTS NOR DOES IT SERVICE, MANAGE, OR OTHERWISE CONTROL THE APARTMENTS.
FLIP TECHNOLOGIES IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND APARTMENTS. ANY TRANSFER OF A LEASEHOLD INTEREST WILL BE MADE AT THE APARTMENT SEEKERS’ OWN RISK. UNLESS EXPLICITY SPECIFIED OTHERWISE, FLIP’S RESPONSIBILITIES ARE LIMITED TO FACILITATING THE AVAILABILITY OF THE WEBSITE, APP, AND SERVICES.
Apartment Seeker: A User who is interested in obtaining a leasehold interest in a residential apartment.
Leaseholder: A User who is interested is transferring a leasehold interest in a residential apartment.
Listing: An Apartment profile that is listed through the Services by a Leaseholder as available to either sublease or assign to an Apartment Seeker.
How the Website, App and Services Work
The Website, App and Services can be used to facilitate the listing of residential apartments which a Leaseholder purports to have a leasehold interest (“Apartments”). The Apartments are located in the Listings sections of the Website, App and Services by Leaseholder. To contact the Leaseholder, you are required to create a Flip Technologies Account (defined below).
User Account Registration
In order to access certain features of the Website and App, you are required to create a user account (“Flip Technologies Account”) and become a User. You can register through the App. You may register 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 Lease Flip Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Lease Flip through the Website, Services or App; or (ii) allowing Lease 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 Lease Flip and/or grant Lease 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 Lease Flip to pay any fees or making Lease Flip subject to any usage limitations imposed by such third-party service providers. By granting Lease Flip access to any Third-Party Accounts, you understand that Lease Flip will access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Website, Services and App via your Lease Flip Account and Lease Flip Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be User 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 Lease Flip Account on the Website, Services and App. Please note that if a Third-Party Account or associated service becomes unavailable or Lease 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 Lease Flip Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Website and App. 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. Lease Flip makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Lease Flip is not responsible for any SNS Content.
We will create your Lease Flip Account and your Lease 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. Lease Flip reserves the right to suspend or terminate your Lease 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 Lease Flip Account, whether or not you have authorized such activities or actions. You will immediately notify Lease Flip of any unauthorized use of your Lease Flip Account. An Apartment Seeker or Leaseholder is permitted to only create one account; multiple accounts will be deactivated in our sole discretion.
User Obligations and Expectations
There is no tolerance for objectionable content. You agree that you will not: Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content; Add content that is not intended for, or inaccurate for, a designated field; · Create a false identity on Lease Flip; Create a Member profile for anyone other than yourself (a real person); Use or attempt to use another's account; Harass, abuse or harm another person; Send spam or other unwelcomed communications to others; Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner; Post anything that contains software viruses, worms, or any other harmful code; Copy or use the information, content or data on Lease Flip in connection with a competitive service (as determined solely by Lease Flip);
Limits: Lease Flip reserves the right to limit your use of the Services, including your ability to contact other Users. Lease Flip reserves the right to restrict, suspend, or terminate your account if Lease 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 User Obligations and Expectations).
Residential Apartment Listings
As a User, you may create a Listing. To create a Listing, you will be prompted to input information about the Apartment to be listed including the location, size, features, lease term, and pricing of the Apartment. In order to be featured in Listings via the Website, App and Services, all Apartments must have valid physical addresses and the User creating a Listing must have a leasehold interest in the Apartment. 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 homeowners 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 Apartment 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 Lease Flip assumes no responsibility for a Leaseholder’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Lease 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 Lease 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 the User who are eligible to contact you, including, but not limited to, requiring Users to have a profile picture or verified phone number.
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.
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 Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Lease 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 LEASE FLIP DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, LEASEHOLDERS AND APARTMENT SEEKERS, 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, 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.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LEASE 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 LEASEHOLDER OR APARTMENT SEEKER. YOU UNDERSTAND THAT LEASE 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. LEASE 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 LEASE FLIP. LEASE FLIP EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY LEASEHOLDER, APARTMENT SEEKER OR OTHER THIRD PARTY.
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 LEASE FLIP WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER LEASE 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 LEASE 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.
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.
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 Lease 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 Lease 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.
Lease Flip, Inc. 69 Charlton Street, NY, NY, 10014