TERMS OF USE AGREEMENT

 

Effective Date: Feb 15, 2018

 

 

 

These Terms and Conditions of Use (the “Terms of Use”) apply to the LetHub web site located at www.lethub.co, and all associated websites, applications, dashboards, chatbots and platforms linked to www.lethub.co by LetHub, its subsidiaries and affiliates, including LetHub sites around the world (collectively, the “Site”). The Site is the property of Grit AI Tech Inc., a registered corporation in British Columbia. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

 

LetHub “www.lethub.co”, owned by Grit AI Tech Inc., provides Property Managers, Landlords and Renters with a tool to schedule viewing times, pre-qualify renters, run ID verification checks, troubleshoot and submit maintenance requests, submit and view online rental applications, and run credit, background and social media checks.

 

PLEASE NOTE: These Terms of Use are subject to change without notice.

 

USE OF THE SITE IS VOID WHERE PROHIBITED. BY USING THE SERVICE OR THE SITE, YOU REPRESENT AND WARRANT THAT YOU ARE 18 OR OLDER, A U.S. OR CANADIAN RESIDENT, AND THAT YOU AGREE TO AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

 

PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING THIS SITE, AS USE OF THE SITE IS CONDITIONAL UPON ACCEPTANCE OF THESE TERMS OF USE, WHICH AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. DO NOT USE THIS SITE IF YOU DO NOT AGREE.

 

THESE TERMS OF USE GRANT US CERTAIN RIGHTS AND LICENSES, PROVIDE US CERTAIN INDEMNITIES, WAIVE CERTAIN OF YOUR RIGHTS AND REMEDIES, AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU.

 

BY USING THE SERVICE OR THE SITE, YOU ACKNOWLEDGE THAT THE SERVICE AND THE SITE ARE CURRENTLY IN A “BETA-TEST” MODE, AND MAY EXHIBIT ERRATIC BEHAVIOUR, INCLUDING CRASHES, SECURITY LEAKS AND OTHER ERRORS FOR WHICH LETHUB SHALL NOT BE RESPONSIBLE.

 

 

 

  1. A Detailed Explanation of What We Do

 

LetHub provides landlords and property managers with an online administrative dashboard from which they can monitor their rental properties, schedule showing/viewing times, pre-qualify renters, manage maintenance requests, run ID verification checks, receive online rental applications and run credit and background checks. It is an end-to-end service that helps landlords find the best tenants in the most automated way.

 

For renters and prospective tenants, LetHub provides a chat assistant that can schedule viewing time/s for multiple rental properties with the same user profile/account, prequalify them, answer specific questions, and troubleshoot and submit maintenance requests.

 

We intend to expand the web application’s capabilities in the future for a smoother customer experience.

 

  1. Deemed Acceptance

 

This agreement (“Agreement” or “Terms of Use”) between you, Grit AI Tech Inc., a registered corporation in British Columbia, sets forth the terms and conditions which apply to the use by you of the websites operated by Grit AI Tech and located at http://www.LetHub.ca and http://www.LetHub.co (however accessed and/or used, whether via personal computers, mobile devices or otherwise), including all subpages and successor pages, and other interactive features, software or downloads (e.g., widgets, dashboards, applications, chatbots and maps) that are accessible on or downloadable through, or related to, the websites and owned or operated by LetHub (collectively, the “Site”) and any other product or service offered by LetHub for use, subscription or sale, including any tenant screening forms that may be made available on third-party websites, or other Service that are offered through the Site when you register for a LetHub account (collectively, the “Service”). If you do not understand and accept these Terms of Use, do not use the Service. Your use and/or continued use of the Service will be deemed to constitute your acceptance of these Terms of Use and all of LetHub’s rules and restrictions related to the Service, as they may change from time to time.

 

  1. Additional Terms

 

In some instances, both these Terms of Use and any separate terms of service or guidelines document setting forth additional conditions may apply to a service or product offered via the Site (“Additional Terms”). To the extent there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

 

  1. Limited License

 

Subject to these Terms of Use, and your acceptance of them, LetHub agrees to grant, and you agree to take, a non-exclusive, non-transferable, single computer license to use and display the Service and related software (excluding source and object code) for your personal non-commercial use by any machine(s) of which you are the primary user (“Limited License”). Without limiting the foregoing, you agree not to use the Site or any Service for any other use or purpose. You further agree that you will not, and will not attempt to, copy or distribute the content of the Site or any Service to any other person unless specifically permitted by LetHub, or otherwise violate the single computer, non-commercial display and use Limited License granted hereunder. LetHub reserves the right to modify the license granted in this section and the restrictions described in these Terms of Use in writing on the Site, including, without limitation, by charging fees therefor and/or making certain features available through the Site that may invite you to use the Site Materials (defined below) in a manner not described in these Terms of Use. LetHub may add, change, discontinue, remove or suspend any of the Site Materials at any time, without notice and without liability. The Site is intended for an audience that is at a minimum eighteen (18) years of age.

 

 

 

 

 

  1. Basic Terms

 

 

 

Subject to the other provisions in these Terms of Use, the basic terms to which you agree by using the Site or the Service are as follows:

 

  • You must be at least eighteen (18) years of age and a U.S. or Canadian resident to use the Site.
  • You must be a human. Accounts registered by “bots” or automated methods of access are not permitted.
  • Content you submit is owned by you and you are responsible for all third party rights and payments. You grant LetHub and other users the right to use and exploit your submissions, as described further below.
  • Your use of material off-Site is limited by these Terms of Use.
  • You may not use the Site, or content created thereon, for commercial purposes or for any illegal purpose.
  • Your use of the Site is “AS IS”, without warranty, and will result in no liability of LetHub.

 

  1. Accounts and Identification Verification

 

You must provide your full legal name, a valid email address, and any other information requested in order to complete the signup process. You are also responsible for keeping your email address up to date, so we can send you important notices.

 

You acknowledge that your use of the Service may require access to and use of any information collected and/or stored on behalf of LetHub in connection with or derived from your use of the Service in a manner that is not directly identifiable with you or any other user of the Site. For the purposes of these Terms and Conditions, such data shall be considered to be User Content (as defined below).

 

If you wish to cancel your account, you must do so via the Site or by sending us an email at support@LetHub.co. We will not accept a phone request to cancel your account. If you cancel your account, any or all of your information may be immediately (or at some point in the near future) irrevocably deleted. You should save a copy of anything important before cancelling your account. Conversely, information you post or otherwise furnish to us, including personally identifiable information, may remain on our servers indefinitely (for example, as backups) after you delete it from public areas of the Service or request cancellation of your account.

 

We may use social media log in button/s for you to log in to the Site and Service. Any information collected from your social media profile is used to enhance and improve the Service.

 

We use third-party identity verification Service to help ensure that users are who they say they are prior to enabling certain features of the Service, such as electronic payments and the ordering and requesting of credit reports. Once your identity has been verified, we may also display a badge or other indicator to let other users know that you’ve successfully completed the verification process. However, we neither control nor guarantee the accuracy of any identity verification service, so you should always take the same precautions in dealing with others through our Site that you would in person.

 

 

 

  1. Key Requirements and Restrictions
    • We reserve the right to refuse service to anyone for any reason (or no reason), and likewise to suspend or discontinue your use of the Service at any time. We may terminate or suspend your account if you engage in fraudulent or illegal conduct, provide inaccurate, incomplete, false, or misleading information, or otherwise violate these Terms of Use or any of our policies, or if we determine, in our sole discretion, that your use of the Service poses an unacceptable credit or fraud risk to us.
    • All LetHub user profiles and User Content (defined below) are created by our users and not by LetHub. If you post distasteful, insulting, sexually explicit, racially disparaging, religiously disparaging or other inappropriate content, LetHub reserves the right (but not the obligation) to delete it from the Site without notice and to freeze or close your account. if you ask for another user’s password or personally identifiable information, for any reason, your account can be frozen or terminated.
    • You agree not to give out any personal information, including your first and last name, your phone number, e-mail address, or other contact information and not to ask for personal information from other users of the Site.
    • Do not give out your password to anyone. You are responsible for keeping your password and account secure.
    • You are responsible for the accuracy of everything that is posted or submitted under your account. For greater certainty, we are not responsible for the accuracy of anything another user posts or submits to the Site.
    • You understand and acknowledge that LetHub shall bear no responsibility for any issues you may have with any social networking (including your Facebook account) through which you may create or access any Service, and that if your social networking account is disabled for any reason, you are responsible for resolving the matter with the social networking account provider. LetHub shall not take any action with your social networking account provider to have your social networking account re-enabled.
    • We do not guarantee: (1) that landlords will find the best tenant. By running credit and background checks on renters, we can provide a complete rental application of a renter, but under no circumstances are we asking the landlord to accept the renter; or (2) that renters will find a rental unit of any kind within any time limit.
    • If a renter submits their application via email using our web-app, we are not responsible if the information is delivered to a wrong email or misused by the receiving person.
    • We don’t screen properties or listings or offer any guaranty or advice regarding the suitability of properties, landlords, or potential tenants. Nothing we say should be construed as such advice.
    • It is each tenant’s sole responsibility to ensure that, prior to requesting from LetHub any Service or providing consent to any landlord to use the Service in connection with a tenant, the tenant has obtained any and all assurances and confirmation that the landlord is rightly connected to the subject property.
    • We may limit landlords from adding more properties in their account and/or receiving more applications from renters at our sole discretion.
    • We may limit renters from applying to more properties and/or scheduling more viewing appointments at our sole discretion.
    • Subject to compliance with applicable privacy legislation, If we have reason to suspect your account has been used for an unauthorized or illegal purpose, you AGREE that we may share information about you, your account, and any of your transactions with law enforcement agencies.
    • If you are a landlord, you represent and warrant that: (1) you are familiar with all applicable fair-housing, tenancy and anti-discrimination laws and that you will adhere to them; (2) the contents of any listings you post on or link to from LetHub will be accurate and not misleading; and (3) you will comply with all other applicable federal, provincial/state and local laws, including but not limited to the various provincial consumer protection acts or equivalent, the Personal Information Protection and Electronic Documents Act (Canada) or equivalent provincial privacy acts, and any applicable regulations, judicial orders and/or orders of an administrative tribunal. Without limiting the foregoing, if you are a landlord, you will obtain any required consents from and give any required notices to any individuals as required by law, including applicable privacy legislation.
    • If you are a landlord, you agree to make such changes to your business practices as LetHub may request from time to time for LetHub to lawfully provide the Service.
    • If you are a landlord, you authorize us to syndicate your rental listing on third-party sites, and agree that we may grant sublicenses to applicable third parties as necessary to facilitate such syndication.
    • If you are a landlord, you are responsible for asking prospects and current tenants pre-qualification questions that are appropriate and allowed in your jurisdictions. Lethub and all its associated websites and products is not responsible for the questions asked by landlords and property managers using our portal.
  2. Ownership of Intellectual Property

 

Unless otherwise specified in writing on the Site, all materials that are part of the Site (including past, present and future versions) or any Service (collectively, the “Site Materials”), are owned, controlled or licensed by LetHub and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.  Site Materials include, without limitation: graphics; layout; text; images; audio and/or video; designs; advertising copy; logos; domain names; trade names and marks; service marks and trade identities; any and all copyrightable material (including source and object code); the “look and feel” of the Site; the compilation, assembly and arrangement of the materials of the Site; and all other materials related to the Site. Your ability to use the Site Materials is governed by these Terms of Use. No part of these Terms of Use gives you the right to use the LetHub names or any of our trademarks, logos, domain names or other distinctive brand features.

 

Third-party content providers own the copyright in content that is original to them.  All other trademarks and service marks appearing on the Service are the property of their respective owners, including, in some instances, LetHub. All rights are reserved.

 

  1. No Encumbrance of Intellectual Property

 

You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit or in any way exploit, any of the content of the Service (including the Site Materials other than your own User Content (defined below)), nor will you attempt to do so. You agree not to copy, redistribute, publish or otherwise exploit material which you download from the Service, except as expressly permitted herein, without the express prior written permission of LetHub and the owner of such Site Materials (from whom you are solely responsible for obtaining permission). You further agree and acknowledge that you will not acquire any ownership rights (including any rights to license such material) by downloading material from the Service or by paying any fees or charges.

 

 

 

  1. Payments and Cancellations

 

You agree to pay all fees and applicable taxes incurred by you or anyone using your user account, and acknowledge that LetHub may change the pricing, fees and charges for any Service at any time without notice. All fees and charges are in the local currency of the jurisdiction in which the particular landlord is located. The fees and charges are exclusive of any shipping, insurance costs or any taxes, duties or other charges of any kind that may be imposed by any federal, provincial or local government entity for the Service, the payment of which you shall be responsible for.

 

LetHub uses Stripe and Paypal to execute online payment transactions. By using these features of the Service, you agree to be bound by the Stripe Connected Account Agreement, available at https://stripe.co/connect/account-terms, and the PayPal user agreement, Privacy Policy, Acceptable Use Policy, PAD Agreement and any other agreement, available at https://www.paypal.co/ca/webapps/mpp/ua/legalhub-full?locale.x=en_CA, as applicable, each of which are incorporated by reference into these Terms of Use. You acknowledge that Stripe and Paypal may update such agreements at any time without notice.  For clarity, if any payment you initiate using the Service does not successfully complete, the payee reserves the right to seek payment from you via or outside the Service. Any authorization you provide to make repeating automatic payments using the Service will remain in effect until cancelled.

 

By providing us with your banking, credit/debit card, or other payment information, you authorize us to use it and disclose it to Stripe, PayPal or any other payment gateway providers for the purpose of processing the payments you authorize on the Service. Payment gateway providers may also aggregate your information for other purposes, and may disclose your Personal Information when necessary to comply with the law.

 

You agree that all payments made via the Site are final. No refunds will be given, except in our sole and absolute discretion.

 

LetHub charges a monthly subscription fee to landlords and property managers (users) to use the web portal and chat assistant. Subscriptions renew every month on the date subsequent to account creation date. Monthly accounts cancelled will be deactivated at the end of monthly cycle and no refunds will be issued. Accounts reactivated will restart the monthly payment cycle according to the new start date.

 

Annual accounts will be deactivated once the 12-month period ends. Annual accounts need to be renewed a month before end of subscription. Any accounts not paid will be deactivated. A cancellation fee of two month’s current charge will be applied to cancellations made during the 12-month term.

 

LetHub at some circumstances can charge an account set up fee to all its users (landlords and property managers).

 

 

  1. User Content

 

 

 

  • LetHub does not solicit submissions, creative materials, ideas or suggestions other than those LetHub specifically requests. Any communications or materials you transmit to LetHub by e-mail or otherwise including, without limitation, data, questions, comments, ideas, images, writings, music, sounds, audiovisual effects, artwork, design elements, graphics, suggestions, concepts, biographical information, notes or chat or message postings, will be treated as non-confidential and non-proprietary. The Site may invite you to participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to LetHub and/or to or via the Site, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively, excluding Site Materials not created by you, “User Content”). You agree that your User Content is wholly original with you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in these Terms of Use without LetHub incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
  • You grant to LetHub the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, make derivative works from, re-title, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content to which you have contributed, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same. You further agree that LetHub is free to use any ideas, information, concepts, know-how or techniques contained in any User Content you send to the Site or LetHub, for any purposes whatsoever, including, without limitation, developing, producing, marketing and otherwise exploiting products and/or Service using such User Content, and without remuneration of any kind. You further perpetually and irrevocably grant LetHub the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligations to you. You also grant to LetHub the right to sub-license and authorize others to exercise any of the rights granted to LetHub under these Terms of Use; and each such third party will be entitled to benefit from the rights and licenses granted to LetHub under these Terms of Use. Without limiting the generality of the foregoing, you authorize LetHub to publish your User Content in a searchable format that may be accessed by users of the Site and the Internet. Except as prohibited by law, you waive any rights of attribution and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
  • LetHub has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees’ licensed rights to your User Content, including, without limitation, by bringing and controlling actions in your name and on your behalf (at LetHub’s cost and expense, to which you hereby consent and irrevocably appoint LetHub as your attorney-in-fact, with the power of substitution and delegations, which appointment is coupled with an interest).
  • Except as otherwise described in this Agreement, you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You should also be aware that submissions of User Content may not be secure, and you should consider this before submitting any information to LetHub.
  • You acknowledge and agree that LetHub will not have any obligation to review, monitor, display, archive, maintain, accept or exploit any User Content. LetHub may delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice to you and without liability; provided, however, that LetHub reserves the right to treat User Content on the Site, or on certain portions of the Site, as content stored at the direction of users for which LetHub will not exercise editorial control except to enforce the rights of third parties and the content restrictions set forth below when violations are brought to LetHub’s attention. Such User Content posted at your or other users’ direction need not, however, be maintained on the Site by us for any period of time and you will not have the right, once posted, to access, archive, maintain or otherwise use such User Content on the Site. You also agree and understand that LetHub is not obligated to use User Content and that you will not receive any additional consideration or compensation for your User Content or for any exploitation thereof.

 

 

 

  1. Usage Rules

 

As a user of the Site, you agree that your User Content, and your conduct on the Site will not:

 

  • include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
  • include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language;
  • defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone;
  • promote violence or describe how to perform a violent act;
  • violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity; or
  • otherwise be in violation of the Terms of Use.

 

In addition, you shall not, and your activities on the Site and in connection with the Site Materials will not:

 

  • create or use more than one account, or create any fake accounts;
  • allow your account to be used by more than one person;
  • reveal any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
  • attempt to impersonate any other party;
  • trick, defraud or mislead other users;
  • abuse, harass, threaten, impersonate or intimidate other LetHub customers;
  • engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, pyramid scheme or other multi-tiered marketing scheme;
  • disparage, tarnish, or otherwise harm, in LetHub’s opinion, LetHub and/or the Site Materials;
  • violate these Terms of Use or any other requirements or restrictions posted by LetHub on the Site, or engage in any illegal activity;
  • in using the Service, violate any laws in your jurisdiction or ours, infringe on the rights of anyone, or use the Service as part of any fraudulent scheme or transaction;
  • upload, post or transmit (or attempt to upload, post or transmit) viruses, Trojan horses or other material, or any content that links to viruses, Trojan horses or other material, that in either case interferes with any party’s uninterrupted use and enjoyment of the Site, the Site Materials or the User Content or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Site, the Site Materials or the User Content;
  • copy or adapt the object code of the Site’s software, HTML, JavaScript or other code;
  • reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Site creates to generate its web pages or any software or other products or processes accessible through the Site;
  • screen-scrape, reproduce, or aggregate the information or other content on the Site;
  • upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”);
  • except as may be the result of standard search engine or Internet browser usage, use or launch any automated system, including, without limitation, any spider, robot (or “bot”), scraper or offline reader that accesses the Site or use or launch any unauthorized script;
  • cover or obscure any notice, banner or advertisement on the Site;
  • disguise the source of your User Content or other information you submit to the Site;
  • use tools which conceal your internet protocol address (e.g. anonymous proxy) to access the site;
  • engage in any act that LetHub deems to be in conflict with the spirit or intent of the Service; or
  • interfere with or circumvent any security feature of the Site or any feature that restricts or enforces limitations on use of or access to the Site, the Site Materials or the User Content.

 

LetHub may use certain monitoring and filtering of the Site to attempt to enforce these Terms of Use. However, objectionable content and user behavior may be found to exist. Always use caution and common sense when using the Internet, especially when giving out any personally identifying information or with respect to financial information or transactions. LetHub does not control or endorse the content, messages or information found in User Content portions of the Service or external sites that may be linked to or from the Site and, therefore, LetHub specifically disclaims any responsibility with regard thereto.

 

  1. Privacy Policy

 

Your use of the Site and the Service is also subject to LetHub’s privacy policy, which is incorporated herein by reference and may be found on this same page.  We encourage you to read the Privacy Policy carefully and use it to make informed decisions about how you use the Site and Service. When you use the Service, you CONSENT AND AGREE that you are authorizing us to collect and use the information you provide to us in accordance with our Privacy Policy.

 

  1. Credit and Background Reports

 

If you are a tenant:

 

  • we allow landlords to request a credit report and/or a background check report from prospective tenants using the Service and/or through our third party providers. When a landlord makes such a request, we will give you, as a prospective tenant, the option to order a single-use copy of your credit report and/or background check report and to share it with the requesting landlord. To provide this portion of the Service, we may ask for your Social Security Number and other Personal Information (such as information about other creditors you have had), which we will share with our third-party credit reporting agencies for the purposes of preparing and sharing reports and verifying your identity. We will not store (except than on a temporary basis) or use for any other purpose; and
  • if you order a credit report or background check report, you must certify that you are ordering such report, and will use such report, for the purpose of furnishing the report to a prospective landlord in connection with your rental application and for no other purpose. You agree not to share any credit report or background check report obtained through LetHub with anyone other than as allowed using the sharing mechanism on the LetHub website.

 

If you are a landlord or property manager:

 

  • upon requesting a report or a background check report from a prospective tenant, you will be required to certify that you are making such request, and will use such report, for the purpose of your own evaluation of the prospective tenant in connection with that tenant’s rental application and for no other purpose;
  • by viewing or requesting a credit report through the Service, you represent and warrant the following: (1) that you have never been involved, and will not become involved, in any credit fraud or other unethical business practice; (2) that your request for any credit report using the Service, and your use of any credit report obtained through the Service, is lawful and solely for the purpose of evaluating a prospective tenant’s rental application; and (3) that you will not provide a copy of any report obtained through LetHub, or any information contained in such a report, to any other party. Should any of the foregoing representations and warranties cease to be accurate, you agree to immediately notify LetHub, discontinue all use of the Service and destroy any reports and other information obtained via the Service; and
  • by requesting or accepting credit reports or background check reports, you specifically agree to familiarize yourself and comply with the U.S. Fair Credit Reporting Act, all applicable Canadian consumer protection laws, including the Business Practices and Consumer Protection Act (British Columbia) and similar legislation in other provinces, and any other applicable state and provincial laws within Canada and the United States governing the use of consumer reports. To the extent you rely in any way on the contents of a report in taking an adverse action against an applicant (such as denying an application or requiring a co-signer or higher deposit), you are required to furnish the applicant with an adverse action notice, even if the contents of the report played only a small role in your decision.

 

Credit-report and background check-report functionality is provided by our third-party credit reporting agencies and/or companies and may not be available for all users or at all times for various reasons, including reasons beyond our control or about which we may not have specific information. If you are unable to order, share, request, or view a credit report or background check report using the Service, you should contact the person requesting or being asked to provide the report via the contact information he or she has listed on LetHub to discuss the matter directly. You may also contact LetHub at support@LetHub.co for assistance.

 

We are not a credit bureau and do not control the contents of credit reports, including reports obtained through the Service and/or any other third party provider. We are NOT responsible for the contents of any credit report or background check report or any credit score, whether correct or incorrect. Credit reports and background check reports can contain information that is incorrect, incomplete, or not up to date, and reports are not a substitute for carefully reviewing and independently verifying all information contained in a rental application and interviewing a prospective tenant. If you believe that any information contained in your credit report or background check report is inaccurate or incomplete, you have the right to dispute it. To dispute the contents of your credit report, please contact the report provider via email or telephone as described on your credit and background check report.

 

LetHub does not guarantee the predictive value of the scores produced by third party companies. Neither LetHub nor its officers, employees, agents, subsidiaries, affiliated companies or third party contractors, licensees or suppliers shall be liable to you for any damages, losses, costs or expenses incurred by you resulting from any failure of the score used to accurately predict apparent worthiness or loss potential of its applicants and landlords.

 

  1. Disputes With Others

 

You are solely responsible for your interaction with others that you come in contact with through the Site. We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Site. If you have a dispute with other users, you release the LetHub Parties (defined below) from losses, liabilities, claims, demands, and damages (whether direct or indirect, actual or contingent) of every kind and nature, known and unknown, suffered or incurred by you and arising out of or in any way connected with such dispute. Without limiting the generality of the foregoing, the following are considered to be disputes for which LetHub shall not be responsible:

 

  • a landlord doesn’t invite you, a prospective renter, for a viewing;
  • a renter doesn’t show up to your viewing on time, or at all;
  • a prospective renter causes any damage to your property before, during or after a viewing of such property;
  • a landlord and/or property manager does not comply with human rights policies affecting you within Canada and/or the U.S.;
  • a landlord decides to stop showing a property and/or deactivates their account;
  • a renter provides you with false information about themselves at any time, including when they book a viewing appointment or submit a rental application; or
  • a renter creates a fake account to block off any viewing slots added by you.

 

LetHub’s tenant selection and confirmation features are designed to make communication between landlords and prospective tenants easier; neither these features nor other aspect of the Service are intended to create any kind of contract or other legal obligation between a landlord and a prospective tenant (or between anyone else, for that matter). Just like in the offline world, you should wait until a written rental or lease agreement is signed by both the landlord and tenant before relying on any tenancy you arrange using LetHub.

 

  1. Additions, Changes and Upgrades

 

You agree to review these Terms of Use on at least a weekly basis to be aware of Changes (as defined herein). LetHub has the right, at any time, to:

 

  • add, change, upgrade or discontinue the Site or Service, or any aspect or feature of the Site or Service, including, but not limited to, content, financial terms, availability and equipment needed for access or use; and
  • impose, change or modify its terms and conditions applicable to your use of the Service, or any part thereof, including these Terms of Use,

 

any of which is a “Change”.  Any such Change will be effective immediately upon notice by posting the Change on the Site or by any other method of notice LetHub deems appropriate.  Any use of the Service by you after notice of a Change constitutes acceptance by you of such Change.

 

  1. Disclaimers, Limitations and Waivers of Liability

 

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO TERMS OF USE WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER LETHUB NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR MANAGERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “LETHUB PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE THAT THE SERVICE IS CURRENTLY IN A “BETA-TEST” MODE, AND THE SITE AND SERVICE MAY EXHIBIT ERRATIC BEHAVIOUR, INCLUDING CRASHES, SECURITY LEAKS AND OTHER ERRORS.

 

LETHUB MAY DISTRIBUTE CONTENT SUPPLIED BY THIRD PARTIES AND USERS OF THE SERVICE AND MAY PROVIDE LINKS TO EXTERNAL LOCATIONS OPERATED BY THIRD PARTIES. ALL COMMUNICATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, BY OTHER USERS, IS SOLELY MADE BY THE RESPECTIVE AUTHOR(S) OR DISTRIBUTOR(S), AND THE LETHUB PARTIES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS THEREOF, OR ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE; NOR DO THEY MAKE ANY GUARANTEE, ENDORSEMENT OR WARRANTY WITH RESPECT THERETO. YOU ACKNOWLEDGE THAT IT IS YOUR SOLE RESPONSIBILITY TO SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY COMMUNICATION AND AGREE TO USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WITH RESPECT TO ALL COMMUNICATION AND TRANSACTIONS.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT.  THE LETHUB PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSSES, LIABILITIES, INJURIES OR CLAIMS IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE OR ANY TRANSACATION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE LETHUB PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE LETHUB PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF LOSS, DAMAGE OR INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

  1. Monitoring/Blocking

 

You acknowledge that you do not rely on LetHub to monitor or edit the Service and that the Service may contain content which you find offensive, and you hereby waive any objections you might have with respect to viewing such content. Please bring any inappropriate content or user behavior to our attention at: support@LetHub.co.

 

  1. Indemnification

 

You agree to defend, indemnify and hold harmless the LetHub Parties from and against all claims and expenses, including attorneys’ fees and costs, arising out of your use of the Site or any Service and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms of Use. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Service.

 

  1. Equipment

 

You agree to be responsible for obtaining and maintaining all telephone, computer hardware mobile devices and other equipment and software needed for access to and use of the Site and the Service (including any equipment or software required to install or use any upgrades to the Service from time to time) and you will be responsible for all charges related thereto.

 

  1. Complaints

 

LetHub takes claims of infringement of intellectual property rights, defamation and violation of rights of privacy or publicity very seriously. If you believe that any of the material that is or was on our Service infringes or has infringed any rights, including copyrights or trademarks, owned by you, or by an owner for which you are authorized to act, please contact support@LetHub.co.

 

  1. Enforcement and Waiver

 

You acknowledge and agree that LetHub has the right, but not the obligation, to enforce these Terms of Use in the manner and to the extent it deems appropriate in its sole discretion.  Any decision by LetHub not to enforce or exercise its rights with respect to the breach of any particular provision of these Terms of Use shall not affect LetHub’s right to enforce any subsequent breach of, or exercise its rights with respect to, the same or any other provision of these Terms of Use.

 

  1. Severability

 

If any provision of these Terms of Use is found to be illegal or unenforceable in whole or in part by a court of competent jurisdiction, that provision shall be ineffective solely to the extent of such illegality or unenforceability without affecting the validity or enforceability of the remainder of such provision or any other provision of these Terms of Use, which shall remain in full force and effect.

 

  1. Assignment

 

LetHub may assign these Terms of Use or its Privacy Policy, in whole or in part, to any person at any time without your consent.  You may not assign any of your rights or obligations under these Terms of Use or the Privacy Policy without LetHub’s prior written consent.

 

  1. Entire Agreement

 

These Terms of Use as amended from time to time, any documents expressly incorporated herein by reference (including the Privacy Policy), and any rule or regulation posted from time to time on the Site shall constitute the entire agreement between you and LetHub with respect to the subject matter hereof, and shall supersede all prior understandings relating to that subject matter, whether written, oral or electronic.

 

  1. Notices

 

Any notice required to be given by you to LetHub under these Terms of Use, or other legal notice, shall be validly given if in writing and addressed to info@LetHub.co. Any notice required to be given by LetHub to you under these Terms of Use shall be validly given if sent to you using the contact information you gave to us at the time that you opened your user account (including your Facebook account), or as updated by you from time to time.

 

  1. Force Majeure

 

LetHub shall not be liable for any delay or failure to perform or provide any Service as a result of any causes or occurrences that are outside LetHub’s reasonable control, including without limitation acts or omissions of landlords or tenants, acts of God, war, civil unrest or disruption, terrorism, riots, natural disasters, fire, flood, disruption in fuel or energy supply, labour unrest or strike, or epidemic.

 

  1. Governing Law and Dispute Resolution

 

These Terms of Use shall be governed by and interpreted in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein.  You agree that any disputes arising from or in connection with these Terms of Use, your use of the Site or the Service shall be determined by, and you irrevocably agree to the exclusive jurisdiction of, the courts of the Province of British Columbia.  The venue of any hearing in relation to any such dispute shall be Victoria, British Columbia and all hearings shall take place in the English language.

 

If you have any questions about this Terms of Use agreement or any other concerns, please email us at support@LetHub.co

 

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