Welcome to www.JumpPost.com (the “Site”), a website operated by JumpPost, Inc. (“JumpPost, Inc.”, “we”, “us”, or “our”), a registered New York real estate broker.  We provide our visitors and members (collectively, “you” or “your”) an online marketplace for residential, rental properties in New York City – actually a pre-marketplace (as defined in Section 2 below) -- and a number of related services, including discount real estate brokerage services (collectively, the “Services”). The following terms and conditions (the “Terms of Use”) form a binding agreement between you and us.  Please review the following terms carefully.  Each time you access the Site or use the Services, you are agreeing to be bound by these terms, whether you are a “Visitor” (which means that you simply browse the Site), or you are a “Member” (which means that you have established an account with JumpPost.com (your “Account”).  If you do not agree to all of these terms, JumpPost, Inc. is unwilling to grant you access to the Site or Services, and you must cease access to the Site and Services immediately.  In addition, certain areas of the Site or Services may be subject to additional terms of use posted within, adjacent to or linked to from such areas.  Any such terms are incorporated into these Terms of Use.

1.      USERS.  You may use the Site and the Services solely for your personal, non-commercial use.  The Site and Services may not be used by real estate professionals.  You promise that all information you provide to us is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete.  If we believe or suspect that such information is not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any portion thereof).  A Visitor may browse the Site in accordance with these Terms of Use, but will not have access to certain Services without first becoming a Member.  In order to use the Services available to a Member, you are required to set up an Account with us.  When you set up an Account, you are required to select a unique user ID  and password (collectively “Account Credentials”).  You may not transfer or share your Account Credentials with any third parties, and you are solely responsible for maintaining the confidentiality of your Account Credentials.  You acknowledge and agree that we rely on Account Credentials to know whether users accessing the Site and using our Services are authorized to do so.  If someone accesses our Site or Services using your  Account Credentials, we will rely on the  Account Credentials and will assume that it is really you who is accessing the Site and Services.  You are solely responsible for any and all use of your Account Credentials and Account and all activities that occur under or in connection with your Account Credentials or Account.  You agree to be responsible for any act or omission of any users that access the Site or Services under your Account Credentials. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself, or register for an Account on behalf of any group or entity.

2.      JUMPPOSTS.  We provide the Site and Services as an online marketplace for residential, rental properties in New York City.  In published classified ads and on other websites, most residential, rental properties are marketed with only 30 or 60 days lead time.  JumpPost.com creates a pre-marketplace  – the ability to find a tenant for a rental property or the ability to lease an apartment – up to six months before occupancy occurs.  No more providing notice about vacating your apartment before you know where you are going to land!  Talk about your stress reducers.  In short, here’s how it works: (a) a tenant that knows he will be vacating his apartment within six months posts a free classified ad describing the apartment on the Site and when the tenant plans to vacate the apartment  (a “JumpPost”),; (b) Members who are interested in renting the apartment enter into a brokerage relationship with us and we make contact with the tenant’s landlord, and (c)  when another Member of the Site leases the apartment after demonstrating interest in the apartment through the Site, we pay the JumpPost poster a posting fee. 

(a) Posting a JumpPost and Getting Paid:  If you are currently living in an apartment and you know you are going to vacate the apartment within six months, you should post a JumpPost on the Site.  When you do, Members who are interested in renting the place may contact you through us, in order to allow the other Member to view your apartment.  All property related questions or inquiries from Members should be forwarded to us.  By posting your JumpPost, (i) you have no obligation and are not expected to answer any questions or inquiries that come directly from a Member with respect to your apartment, (ii) you are not listing your apartment as available for rent or making any offers, representations or warranties about the availability of the apartment and (iii) you agree that you will not engage  in any brokerage activities, including, but not limited to, listing for rental, offering or attempting to negotiate an exchange, rental or interest in your apartment, or collecting ,offering or attempting to collect rent for the use of your apartment.  If the other Member loves the apartment and enters into a lease for your apartment with your landlord, we will pay you the posting fee no later than fourteen (14) days after the other Member signs a lease for your old apartment.  What is the posting fee, you ask?  The posting fee is the amount of money we say that we pay JumpPost posters at the time you post your JumpPost. (Say that one three times fast!).  So, if on the day you submit your JumpPost we say on the Site that we are paying $500 for a JumpPost that leads to a lease with another Member, we will pay you $500. Can we change the posting fee?  Yes.  If we want to lower or raise the fee, we can do so by contacting you via email and providing  you no less than fifteen (15) days notice.  If you don’t like the change we’ve made, you can delete your JumpPost before the change goes into effect.  But to be clear, if you remove the JumpPost before your apartment is leased to another Member, we will not be obligated to pay you a fee.     Anything else you need to know?  If you create a JumpPost, in order to qualify for payment, you agree that you will vacate your apartment by no later than the date stated in the JumpPost and honor all other obligations you make in the JumpPost. You agree to accurately describe the property, including the type, number and size of rooms, and to only include in the JumpPost interior or exterior photos of the property listed.  Omissions of relevant descriptions may be considered the same as an inaccurate description and subject the Member or the JumpPost to removal from the Site.  We do not guarantee that you will be contacted regarding your JumpPost. 

In the event another Member wants to rent the property in your JumpPost, we will contact you to verify that we may contact your landlord at such time and communicate your intention to vacate the property on the date listed in your JumpPost.  You understand and agree that neither the posting of a JumpPost on the Site, or the provision of Services to other Members by JumpPost, Inc. constitutes any guarantee that (i) your landlord will execute a new lease with any Member or (ii) you will receive any compensation for your JumpPost.  Notwithstanding the above, you acknowledge that the notice we provide to your landlord  may or may not constitute notice of termination as required by your lease and you agree that you may need to provide a separate notice of termination if you want to effectively and timely terminate your lease with the landlord.  Further, nothing contained in any JumpPost should be construed as or constitute (x) an offer to lease the apartment shown in the JumpPost, (y) any guarantee that such apartment is available for rent by any Member, or (z) any representation or warranty, implied or otherwise, that the party posting the JumpPost has the authorization or is acting on behalf of their landlord to offer or list the apartment for rent or take any other action in connection with any potential future rental of the apartment.  You agree that you will not seek to contact other Members outside of the Site in an effort to supplement the posting fee , nor will you allow or assist another Member to circumvent, evade or avoid the fees due by such other Member in connection with their leasing of the property.

(b)   Applying for a JumpPost Property; Brokerage Services.  If you see a property in a JumpPost that you like, you may contact the Member who posted the JumpPost through us to get additional information or even arrange to see the apartment in person.  Before doing  so, however, you will be required to become a Member of the Site. When you become a Member of the Site, you agree that we will act as your broker with respect to any property listed on the Site that you lease within six (6) months of the property first appearing in a JumpPost (the “Discount Brokerage Services”). The Discount Brokerage Services include many of the services traditionally provided by rental brokers, including communicating with potential landlords and negotiating your lease, but the Discount Brokerage Services do not include taking you to see or view any properties.  We will only provide you the Discount Brokerage Services for properties you locate through a JumpPost. THERE IS NO FEE FOR USING THE SITE OR SELECTING US AS YOUR BROKER. IF YOU SIGN A LEASE ON A PROPERTY WITHIN SIX (6) MONTHS OF THE DATE THAT YOU INITIALLY VIEWED THE JUMPPOST ON THE SITE, YOU AGREE TO PAY US A COMMISSION OF FIVE PERCENT (5%) OF ONE YEAR'S RENT, UNLESS WE HAVE NOTIFIED YOU THAT BY AGREEMENT WITH THE LANDLORD, THE LANDLORD WILL PAY THAT COMMISSION OR ANY PORTION OF THE COMMISSION TO US. OUR COMMISSION IS EARNED AND PAYABLE ON THE EARLIER OF WHEN YOU SIGN THE LEASE AND/OR THE LANDLORD GIVES ITS APPROVAL FOR YOU TO LEASE SAID RESIDENCE. In the event that you break the lease after the execution, but you have not yet moved in to the apartment, you will still owe us our commission in full. The Discount Brokerage Services will be considered one of the Services in these Terms of Use.

   You agree that you will direct all questions about any JumpPost that you are interested in to us.  If you are making a decision on whether to apply to rent an apartment listed in a JumpPost, you should only rely on information you have received from us, and you should not rely on information you have received from any other party, including other Members.  In addition, you agree that nothing contained in any JumpPost will be construed as, or constitute, (x) an offer to lease the apartment shown in the JumpPost, (y) any guarantee that such apartment is available for rent by you, or (z) any representation or warranty, implied or otherwise, that the party posting the JumpPost has the authorization or is acting on behalf of their landlord to offer or list the apartment for rent or take any other action in connection with any potential future rental of the apartment. 

 If and when you are ready to apply to live in the property in the JumpPost, we, as your broker, will need a lot of information from you related to any potential application, all of which we will call (believe it or not) your “Application Information”. The Application Information will include your Application Credentials and is information that most landlords require of any rental applicant. What are we talking about? Well, we will need your contact information, date of birth, social security number, current landlord’s information, salary/income, rental history, employment history, criminal background, pets (if any), contact information for your references and other relevant information. We may also ask for certain documentation related to your Applicant Information, including, but not limited to: (i) your most recent pay stubs, tax returns, and bank statements; (ii) a copy of your driver’s license; and (iii) a verification of employment letter from your employer. You promise that all Applicant Information you provide to us is true, accurate, current and complete, and you agree to maintain and promptly update such information to us to keep it true, accurate, current and complete.  You should scan and either submit electronically or email all of this information to us, but you may also fax or mail it to us. Submitting your Applicant Information electronically will constitute your electronic signature authorizing us and any credit, criminal, or background reporting agency to rely upon that electronic signature.

What’s next? When you wish to apply for a property in a JumpPost, you authorize us, either directly or through  our vendors or service providers, to make a thorough investigation of your Applicant Information, including as follows:

a.      Credit Reports and Criminal History. You authorize us to obtain: (i) a credit report from one or more consumer credit reporting agencies and (ii) a criminal background history. We may use the credit report(s) for authentication purposes to make sure you are who you say you are.  You authorize us to verify information in your credit report, and you agree that we may contact third parties to verify any such information. We may obtain your credit report and criminal background report each time you apply to a JumpPost, except that we may not obtain new reports within thirty (30) days of any previous request we made for a credit report or criminal background report.

b.      Salary and References. You authorize us to seek from your current and previous landlords, your current and previous employers, and other persons, firms, or institutions you list in your Applicant Information (collectively “Reference Providers"), and further authorize the Reference Providers contacted by us to release to us, any information in their knowledge related to your rental application. Such information, which will also be considered Applicant Information, includes: as related to your employer(s), your salary history and employment status; as related to your landlord(s), your rental and payment history, including, but not limited to, the timeliness of your payments, your behavior, and any complaints about you from other tenants; and, as related to other references, your character. 

c.      Release. You release, indemnify, hold harmless and covenant not to sue us on the basis of our attempts to obtain any of the foregoing information, and you further release, indemnify, hold harmless and covenant not to sue any Reference Providers providing such information to us. We cannot control the content from credit agencies, other agencies performing verification for us, and Reference Providers, and we make no guarantees about the accuracy, currency, suitability, or quality of any of the foregoing information.

Once your Applicant Information (including the information acquired from (a) and (b) above) is fully-compiled, we may contact the landlord on your behalf to inquire about the specific application process for the property you are interested in.  Certain landlords may impose additional requirements on rental applicants or require additional information from applicants beyond the initial Applicant Information we collect. If no additional Applicant Information is needed and no application or other fees are required, we may submit an application, when appropriate, for you to the landlord with the Applicant Information you have already provided to us.   If additional Applicant Information or application fees are required, we will contact you to get the additional information needed. You agree to either pay directly, or reimburse us for, any application fees required by the landlord, provided you are notified in advance of such fees and do not tell us to withdraw your application. You should direct any questions about this process, or your rental application, to us at help@jumppost.com. Your completion of an application in no way obligates us to submit your application to a landlord, and our submission of an application to a landlord in no way guarantees the landlord’s acceptance of your application. The landlord will review your application and then inform us as to whether or not they will accept you as a tenant. In the event that your credit score or annual income are deemed insufficient by the landlord, or if you are a full-time student, the landlord may require you to obtain a co-signer (guarantor) for the lease, in which case we may require additional information including information from the guarantor.

You understand that you have the right to make a written request as to whether or not an investigative consumer report was requested by either us or a landlord. If a report was requested, you are entitled to receive the name and address of the consumer reporting agency that furnished the report from the party that requested such report.

3.      OWNERSHIP.  You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Site or Services (“Our Technology”) are: (a) copyrighted by us and/or our licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by us or our licensors.  Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors.  You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology.  Nothing in these Terms of Use grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Site according to these Terms of Use.  Furthermore, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology.  Certain of the names, logos, and other materials displayed on the Site or in the Services constitute trademarks, tradenames, service marks or logos (“Marks”) of JumpPost, Inc. or other entities.  You are not authorized to use any such Marks.  Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.  Any use of third party software provided in connection with the Site or Services will be governed by such third parties’ licenses and not by these Terms of Use. 

4.      Rules Regarding Information and other Content.  When you access the Site and/or Services, you obtain access to various kinds of information and materials, all of which we call “Content.”  Content also includes JumpPosts, information and materials posted to the Site or through the Services by you but specifically excludes Applicant Information.  You are entirely responsible for each individual item of Content that you post, email or otherwise make available on the Site or the Services. As between you and us, you retain ownership and any intellectual property rights in any copyrighted materials that are contained in Content that you post to the Site or through the Services.  You grant us a non-exclusive, royalty-free, fully paid, fully sublicenseable, worldwide license, under any and all of your copyright and other intellectual property rights related to that Content.  You agree that any such Content, including but not limited to JumpPosts, or any derivative works thereof, may be disseminated, distributed, publicly displayed, reproduced, used, sublicensed, posted, or published by us, and searched, displayed, printed or otherwise used or exploited by our customers. You agree not to revise Content posted by others, and you represent and warrant that you will not post or use any Content in any manner that:

§  Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;

§  Violates the privacy, publicity, or other rights of third parties, including other Members;

§  Violates the Fair Housing Act by stating, in any JumpPost, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);

§  Violates any other law, statute, ordinance or regulation, including laws regarding anti-discrimination and false advertising;

§  Is false or inaccurate or becomes false or inaccurate at any time;

§  Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion;

§  Discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;

§  Misrepresents your identity in any way;

§  Contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

§  Contains any advertising or solicitation for anything other than a JumpPost on the Site;

§  Advocates or encourages any illegal activity; or

§  Has the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.

 

Though we strive to enforce these rules with all of our Members, and our other customers, you may be exposed through the Site or Services to Content that violates our policies or is otherwise offensive. You access the Site and Services at your own risk.  We may, but are not obligated to, delete Member Accounts and/or remove Content from the Site if we determine or suspect that those Accounts or Content violate the terms of these Terms of Use or the applicable agreement with the offending Member(s). We take no responsibility for your exposure to Content on the Site or through the Services whether it violates our content policies or not.

5.      General Rules of User Conduct.  It is our goal to make access to our Site and Services a good experience for Visitors and all of our Members.  Correspondence between Members is for the sole purpose of connecting Members seeking apartments with those who create JumpPosts. If you receive the personal information of any other Member through the use of the Services, you may use the information solely as necessary to conduct a transaction through the Site and Services.  You may not use another Member’s personal information for any other purpose.  You agree not to, and represent and warrant that you will not reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, use of the Site or Services or access to the Site or Services for any purposes other than for which the Site or Services are being provided to you, or do any of the following:

§  Contact other Members for any purpose other than as set forth in this Terms of Use;

§  Harass, intimidate or otherwise engage in illegal or offensive behavior with respect to any other Member;

§  Conduct or promote any illegal activities while using the Site or Services;

§  Upload, distribute or print anything that may be harmful to minors;

§  Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;

§  Attempt to gain access to secured portions of the Site or Services to which you do not possess access rights;

§  Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;

§  Use the Site or Services to generate unsolicited email advertisements or spam; allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam);

§  Use the Site or Services to stalk, harass or harm another individual;

§  Use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Services (including without limitation robots, spiders or scripts);

§  Interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;

§  Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission;

§  Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or

§  Mirror or frame the Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.

 

6.      PROMOTIONAL OFFERS. We may run promotional offers from time to time on the Site. The terms of any such promotion will be posted on the Site.  Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of such offer and end such offer at any point.

7.      MODIFICATIONS TO TERMS.  We may change the terms of these Terms of Use from time to time on a going-forward basis.  We will notify you of any such material changes by posting notice of the changes on the Site, and/or, in our sole discretion, by email (for Members only).  Any such modifications become effective upon the earlier to occur of (i) your acknowledgement of such modifications; or (ii) your continued access to and/or use of the Site or Services after we post notice of such modifications.  It is your sole responsibility to check the Site from time to time to view any such changes to the terms in the Terms of Use.  If you do not agree to any changes, if and when such changes may be made to the Terms of Use, you must cease access to the Site and use of the Services.  You give us permission to email you for the purpose of notification as described in this Section.    

8.       MODIFICATIONS TO THE SITE OR SERVICES.  We reserve the right to modify or discontinue the Site or Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site and/or Services.  If you object to any such changes, your sole recourse will be to cease access to the Site or Services.  Continued access to the Site or Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site or Services as so modified.

9.      PRIVACY.  We know that you are concerned about your privacy and the protection of your personal information.  Please view our privacy policy located at  www.jumppost.com/privacy to learn more about our collection, use and disclosure of your information.

10.    Third Party Content and Other Websites.  Content from other MEMBERS, advertisers, and other third parties may be made available to you through the Site AND/OR THE SERVICES.  Because WE DO NOT control such content, you agree that we ARE NOT responsible for any such content.  WE DO NOT MAKE ANY guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other MEMBERS, advertisers, and other third parties OR VIOLATION OF ANY THIRD PARTY RIGHTS RELATED TO SUCH CONTENT.  The Site and Services may contain links to websites not operated by US.  We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites.  You understand that by using the Site and/or Services you may be exposed to third-party websites that you find offensive, indecent or otherwise objectionable.  We make no warranty, representation, endorsement, or guarantee regarding, and accept no responsibility for, the quality, content, nature or reliability of third party websites, products or services accessible by hyperlink OR OTHERWISE from the Site or Services.  We provide these links for your convenience only and we do not control such websites.  Our inclusion of links to such websites does not imply any endorsement of the materials on such third party websites or any association with their operators.  It is your responsibility to review the privacy policies and terms of use of any other website you visit.  You agree that in no event will we be liable to you in connection with any websites, content, products, materials, or practices of any third party, including other MEMBERS.

11.    DURATION OF ACCESS.  You agree that we, in our sole discretion, may immediately terminate your access to the Site and Services at any time, for any reason, in our sole discretion.  YOU AGREE THAT JUMPPOST, INC. WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES OR DELETION OF YOUR ACCOUNT OR YOUR CONTENT. TERMINATION OF YOUR ACCOUNT WILL IN NO WAY MODIFY, CHANGE OR VOID ANY PAYMENT OBLIGATIONS YOU MAY HAVE INCURRED THROUGH YOUR USE OF THE SITE OR ANY SERVICES, WHETHER SUCH OBLIGATION IS TO JUMPPOST, INC. OR A THIRD PARTY.

12.    DISCLAIMER OF WARRANTIES.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND/OR SERVICES, INCLUDING THE DISCOUNT BROKER SERVICES, IS AT YOUR SOLE RISK.  BOTH THE SITE AND SERVICES ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION.  WE MAKE NO WARRANTY THAT THE SITE AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR  SERVICES, OR THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE, SERVICES, OR OTHERWISE WILL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF USE.  WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT PROTECTION OF YOUR DATA NOR GUARANTEE DATA AVAILABILITY WHATSOEVER.  YOU BEAR THE SOLE RESPONSIBILITY AND LIABILITY FOR MAINTAINING BACKUP OR ARCHIVE COPIES OF YOUR DATA AND/OR SUBMISSIONS TO THE SITE AND SERVICES.  IN ADDITION, JUMPPOST, INC. ADVISES YOU TO BE CAREFUL ABOUT WHEN AND HOW  YOU MEET OTHER MEMBERS, PARTICULARLY WHEN SHOWING THE APARTMENT.  YOU SHOW YOUR APARTMENT AT YOUR OWN RISK AND JUMPPOST, INC. DISCLAIMS ANY LIABILITY ASSOCIATED WITH ANY INJURY TO PERSON OR PROPERTY THAT OCCURS AS A RESULT OF ANY MEETING YOU SET UP WITH ANOTHER MEMBER.

13.    LIMITATION OF LIABILITY.  YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST REAL ESTATE OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR SERVICE PROVIDERS OR FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT OR SERVICE PROVIDER SITES OR ANY OTHER SITE LINKED TO OUR SITE.  IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY MEMBER.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES.  OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES (INCLUDING ANY DISCOUNT BROKERAGE SERVICES) IS LIMITED, IN AGGREGATE, TO THE GREATER OF (A) THE AMOUNT OF FEES ACTUALLY PAID BY OR TO YOU FOR USE OF THE SITE OR SERVICES, INCLUDING THE DISCOUNT BROKERAGE SERVICES; OR (B) FIFTY DOLLARS (U.S. $50.00).  Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.  Accordingly, some of the above limitations and disclaimers may not apply to you.  To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

WE reserve the right, but haVE no obligation, to monitor, or take any APPROPRIATE action regarding, disputes that you may have with MEMBERS, service providers or other customers.

Without limiting the foregoing, under no circumstances WILL WE or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, OR non-performance of third parties.

14.    INDEMNIFICATION.  You agree to indemnify, defend and hold harmless JumpPost, Inc., our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from (a) any of your Content (including your JumpPost), Applicant Information and/or information that you submit, post or transmit through the Site or Services, (b) your use of the Site or Services, (c) your violation of these Terms of Use, (d) your violation of any rights of any other person or entity or (e) any viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by you into the Site or Services. 

15.    COPYRIGHT VIOLATIONS.  We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:

§  An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

§  a description of the copyrighted work that you claim has been infringed;

§  a description of where the material that you claim is infringing is located on the Site or Services;

§  your address, telephone number, and email address;

§  a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

§  a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

Our Copyright Agent for notice of claims of copyright infringement on the Site or Services can be reached by directing an e-mail to Eric Tobias at etobias@cooley.com.

16.    Electronic Communications.  The communications between you and us use electronic means, whether you visit the Site or send us emails, or whether we post notices on the Service or communicate with you via email.  We can only give you the benefits of our service by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically. This Section 16 informs you of your rights when receiving Communications from us electronically.  For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in a writing.  Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights.  You may also receive a copy of these Terms of Use by accessing this Site.  You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using the Site and Services, and any pending applications for JumpPost properties will be automatically terminated. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.

17.    General Terms.  You are responsible for compliance with all applicable laws.  The Terms of Use and the relationship between you and JumpPost, Inc. will be governed by the laws of the State of New York, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state.  Any legal action, suit or proceeding arising out of or relating to the Terms of Use, or your use of the Site or Services must be instituted exclusively in the federal or state courts located in the State of New York and in no other jurisdiction.  You further consent to exclusive personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court.  These Terms of Use are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms of Use to anyone else and any attempted assignment or delegation is void.  You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder.  The paragraph headings in these Terms of Use, shown in boldface type, are included only to help make these Terms of Use easier to read and have no binding effect.  Any delay or failure by JumpPost, Inc. to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.  No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms of Use constitute the complete and exclusive agreement between you and JumpPost, Inc. with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision of the Terms of Use will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Use will continue in full force and effect.

18.    SURVIVAL. Sections 2, 3, 4, and 9 through 19, as well as any other limitations on liability explicitly set forth herein and our proprietary rights in and to the Site, Content provided by us, Our Technology and the Services, will survive the expiration or termination of these Terms of Use for any reason.

19.     NOTICE; VIOLATIONS.  We may give notice to you by email, a posting on the Site, or other reasonable means. You must give notice to us in writing via email to help@jumppost.com or as otherwise expressly provided. Please report any violations of these Terms of Use to etobias@cooley.com.

20.    LAST UPDATED. March 22, 2010.

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