Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS WHEN USING LEASE BREAKS LLC / LEASEBREAKS.COM (“this Site”).
INTRODUCTION
1.1 “We” are Lease Breaks LLC or leasebreaks.com and our address is 286 5th ave New York, NY 10001, USA. Our phone number is 212-686-117.
1.2 We provide this website, further referred to as the “site”, for the convenience of buyers, tenants, investors and browsers interested in negotiating a sublease.
1.3 These terms and conditions are deemed to include our privacy policy and are collectively known as “these Terms”.
1.4 When you use this Site, you agree to be bound by these terms and conditions. If you do not agree to be bound by these Terms, you may not use this Site.
1.5 Certain uses of this Site are prohibited and amount to a misuse of our systems and the Site.
1.6 You may print and keep a copy of these Terms. They are a legal agreement between us and can only be modified with our consent. Please note that these terms and conditions may be amended from time to time. Notification of any changes will be made by posting new terms onto the Site. In continuing to use the Site you confirm that you accept the then current terms and conditions in full at the time you use the Site.
1.7 By viewing any pages that constitute this Site, a person becomes a ‘user’ and agree to the terms and conditions of this site.
REGISTRATION
Access to our email services and to some areas of the Site is restricted to users who have registered their details with us. You must not use a false name or email or provide any false information nor impersonate another person when registering for use of the Site and our email services. If you have a password for registration, you shall not share or disclose it to any third party, nor allow any third party to use your password to gain access to the areas and services for registered users. We may refuse or remove or suspend your registration at any time in our sole and absolute discretion.
USE AND ABUSE OF THE SITE
You agree that any information you supply will be true and accurate. You may not use the site to publish any offensive, inaccurate, misleading, defamatory, fraudulent, or illegal information or content. We reserve the right at our discretion to remove any content from the site, terminate or suspend your registration or membership and restrict your access to our services at any time for any reason. We grant you a limited license to access and make personal use of the Site, but not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. In the event that you are informed that you will no longer be entitled to access the services, you will not be entitled to register again and you will no longer have permission to use the Site.
INTELLECTUAL PROPERTY
We are the owner or the licensee of all intellectual property rights in the Site the Content and the Trade Marks. Subject to these Terms, we grant you a limited, temporary, revocable, and non-exclusive license to access, browse and use the Site (including the Content and Trade Marks). You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the site except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto. If you feel your intellectual rights have been infringed upon, please report this immediately to us by emailing us immediately at leasebreaksny@gmail.com
CONFIDENTIALITY
You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers and forum members. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Lease Breaks LLC Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
NON-ASSIGNMENT OF RIGHTS
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice in our sole and absolute discretion.
THIRD PARTY SITES
You acknowledge and agree that you understand that third party websites have their own terms of use and privacy policies and you should read them before using their website if Lease Breaks LLC provides a link to them. Lease Breaks LLC has no control over such third party websites and Lease Breaks LLC does not endorse and is not responsible or liable for any content on these websites. Additionally, you agree that Lease Breaks LLC will not be responsible for any loss or damage caused or claimed to be caused by or in connection with the use of or reliance on any such content from a third party website.
Accuracy of Materials
The materials appearing on Leasebreaks.com could include technical, typographical, or photographic errors. The Company does not warrant that any of the materials on its website or apps are accurate, complete or current. The Company may make changes to the materials contained on its website or apps at any time without notice. However, the Company does not make any commitment to update the materials.
Notice
The Company may furnish you with notices, including those with regards to any changes to this Agreement, through the following mediums, the list of which should be considered non exhaustive: email, regular mail, MMS or SMS, text messaging, postings on our website or app, or other reasonable means currently known or which may be hereinafter developed. Any such notices may not be received if you violate any aspects of this Agreement by accessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
Arbitration
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration, under the American Arbitration Association Commercial Division. The arbitration shall be conducted in NYC, NY. The arbitration shall be conducted by a single arbitrator and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing New York Law. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state/province law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this subpart, be litigated. The Parties, in agreement with this subpart of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims – i.e. you hereby understand and agree that you are giving up your right to a jury trial or other litigation to assert any claims against the Company. Through this Agreement, you are also relinquishing any right to be engaged in a class action or other group proceeding against the Company.
Governing Law
Through your use of the Services, you agree that the laws of New York shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the courts of NYC, NY. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including an assertion of the doctrine of forum non-convenience or a similar doctrine.
DISCLAIMER
We, the designers of this site and any of the client’s agents or representatives shall not be liable for any damage, loss or liability, however arising, from the use or inability to use this web site or the services, content or information provided on and through this website. Lease Breaks LLC cannot guarantee that your Landlord will release you from any legal obligations you may have with that existing Landlord. Lease Breaks LLC cannot guarantee that your Landlord will approve any tenant. Lease Breaks LLC does not recommend in any way that you breach your lease without Landlord obtained consent. Any Lease Breaks LLC incentives will comply with the then existing state, local and federal law. We make no express or implied representations or warranties that the content and service available from this website are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to (type in the word support then) leasebreaksny@gmail.com We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control. This website is available via the internet for any user with access, to view ‘as is’, and has not been compiled or designed to meet each user’s individual requirements. We will not be held responsible for any inconvenience, loss or damage that a user may suffer as a result of failure to meet such requirements.