Waiver Of Liability

 

By clicking “purchase” and completing transaction on www.unileasehousing.com (“Website”), You, the customer of Website/Company, (“User”) confirm you have read this Waiver of Liability and fully agree to the terms and conditions contained herein.

Limitation of Liability

To the fullest extent permitted by law, User acknowledges and agrees that Company shall not be liable for any damage or liability of any kind or for any injury, death or other harm to persons or damage to property of User or any other person from any cause whatsoever related to the use, occupancy or enjoyment of a property listed on Website, whether suffered by the sublessor, sublessee, or any other third party related or unrelated to the posting on Website.

Voluntary Action / Assumption of the Risk

User understands and agrees that he/she is voluntarily electing to use Website and engage the services of Company in order to sublease an apartment or home or find an apartment or home to sublease. Company is providing the platform to advertise and facilitate connecting interested parties, as well as taking payment to confirm such relationships; however, Company’s liabilities and representations do not extend beyond these services.

Company makes no representations or guarantees about the condition of housing, habitability, availability, legitimacy, or suitability of living conditions for any dwelling listed on Website. User understands this, and agrees he/she shall take any necessary measures to conduct his/her own research in order to determine for his/herself that the unit is legitimate, available, and suitable for his/her needs.

If User decides to list an apartment or house and uploads photographs of the space in order to provide prospects with additional information, User will take responsibility and sufficient care to ensure no personal, private, or identifying information can be viewed from the photographs, including but not limited to address, personal belongings, identification cards, license plates, and the like.

Should User choose to use Website, he/she assumes any and all risks associated, whether foreseeable or not, and understands Company and Website have no responsibility nor liability beyond providing the platform and taking payment to confirm a rental or sublease.

Users MUST abide by the master lease whether the space can be subleased or have a legal document by the landlord that the space can be subleased. Company does not take responsibility for users who attempt to sublease their apartment illegally.

Early Termination of Sublease

Company does not take responsibility for early termination of a sublease by any party for any reason. Users are able to request refunds, as found in the Terms and Conditions of the Company for a limited number of reasons, however, no refunds are guaranteed by Company. If Company has to provide refunds for an issue that is found to be caused by sublessor, the Company may withdraw the refund amount from sublessor’s bank. Early terminations of any sublease by any party must be reported by both sublessor and sublessee to the Company. Please refer to our cancellation policy.

Offline/In-Person Interactions

Company and Website are not responsible for any negative interactions, harmful or offensive conduct that occurs between Users/Subscribers. Company does not control the behavior of any person(s) and cannot guaranty the same for any User/Subscribers that choose to become sublessors or sublessees using the Company’s Service. The Company has a strict non-discrimination and non-harassment policy that it follows, and any violation of the policy by any party can result in the immediate termination of their rights with the Company and termination of their account with no refunds provided. Any person that encounters any discrimination or harassment as a direct result of the Services provided by the Company is required to report it to the Company immediately to ensure that Company can investigate and take any necessary action in a timely and appropriate manner.

Obligation to Maintain Renters’ Insurance

User will at all times maintain or obtain sufficient renters’ insurance to cover damages or other issues that may arise with subleasing or becoming a sublease of an apartment or home, including but not limited to damage, theft, issues of habitability, or otherwise.

Indemnification

User understands that should he/she become dissatisfied with the nature of the living arrangement found on Website, his/her remedy is not against Company or Website, but against the sublessor/sublessee to which the housing unit was rented from or rented to. User will not and does not expect any recourse from Company should an issue arise, and confirms he/she has no expectation beyond the initial payment transaction for Company to handle or become involved in any such issue.  

User shall defend, indemnify and hold Company harmless from any and all liability whatsoever on account of any real or alleged damage or injury and from liens, claims and demands related to (i) the use or occupancy of a listed property and its facilities, or (ii) any repairs, alterations or improvements (including original improvements and fixtures) which User may make or cause to be made upon the property, and any loss of rental income resulting therefrom; or (iii) any negligence of any User or its sublessors, agents or contractors; or (iv) any breach or default by User or any sublessor. This obligation to indemnify shall include reasonable attorneys’ fees and investigation costs and all other reasonable costs, expenses and liabilities incurred by Company or its counsel from the first notice that any claim or demand is to be made or may be made.

Dispute Resolution

Should a dispute arise between User and Company, the parties agree to attempt to resolve by good-faith negotiations and discussions. (User agrees that failure to find a suitable sublessor or apartment to sublease is not proper grounds for a dispute.) If unable to reach a resolution informally, all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in the City of Los Angeles, State of California within a reasonable amount of time.

The parties agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.

This Agreement shall be governed by and under control of the laws of California regardless of conflict of law principles, and regardless of location of User. User understands this and agrees that the laws of California are to be applicable here.