Release, Inc. Service Terms and Conditions
Release, Inc. (“Release” or “Company”) provides a range of marketing products and services for individuals in an event of their apartment lease break (the “Marketing Services”). The Signup Form sets forth the Marketing Services that are being purchased by the client who completed the Signup Form (“you” or “Client”), paid the costs for such Marketing Services or plan, provided the Client’s personal and lease information, and other relevant details. This Service Terms and Conditions are incorporated by reference into and made a part of any Signup Form submitted to the Company and govern the relationship between you and the Company. All Signup Forms are subject to acceptance by the Company, in its sole discretion. The Signup Form, the Service Terms and Conditions, and the documents and/or links referenced in such documents are together referred to as the “Agreement.”
If you are accepting this Agreement and purchasing services from the Company by submitting the Signup Form on behalf of another person or another entity (“Client’s Representative”), you represent and warrant that (i) you have full legal authority to bind such other person or such legal entity to this Agreement; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of the Client, to this Agreement.
- Company Obligations and Warrants. The Company warrants that it will provide the services listed in Section 3 herein using reasonable care and skill to conform in all material respects with the services. The Company is entitled to use a an affiliated or third party company or other subcontractors for the provision of the services provided that the Company remains liable to the Client for the performance of the services as if it had carried them out itself. The Company is not be liable for any delay in delivery of the services caused by a Force Majeure event or the Client’s failure to provide the Company with adequate and accurate information necessary to the supply of the services. The Company has the right to make any changes to the services that are necessary to comply with any applicable law.
- Client Obligations. The Client shall complete all signup, enrollment, registration, payment, and application forms, and provide full and accurate information at all times. The Client shall have sole responsibility for ensuring the accuracy of all information provided to the Company and warrants and undertakes to the Company that the Client or Client’s Representative are eighteen (18) years of age or older, and have the necessary skills and authority. The Client shall be obliged to inform the Company immediately of any changes of its lease status, payment information, and any other material information which may affect the services delivered by the Company or this Agreement. The Client undertakes to comply with all applicable rules, regulations, codes of practice, laws, and its lease agreement relating to its use of the services, and hereby agrees to indemnify and to keep the Company indemnified in respect of any and all costs, claims or proceedings whatsoever brought against the Company by any third party in connection with any breach of the same by the Client.
- Marketing Services. The Marketing Services may include, but are not limited to, the following services and products:
- Create apartment listing ad
- Circulate apartment listing to real estate professional
- Design online advertisement and social media posting
- Display apartment listing on real estate professionals’ listing platforms
- Display online advertisement
- Social media posting/advertising
- Posting and advertising apartment as “No Fee” apartment
- Provide support and information regarding the process of a lease break
- Fees. You agree to pay the amounts set forth in the Signup Form. The fees are annual fees or monthly fees and charged on an annual or monthly basis respectively. The fees are recurring fees that you will be automatically charged annually or monthly respectively. The fees are for the delivery of the Marketing Services or any services that the Company may, from time to time, offer. The Company reserves the right to change any of the fees at any time, provided that such changes will not take effect without a 30 days’ notice to you, or at the annual renewal of services. The fees may include registration fees and/or any other fees as specified on the Signup Form.
- Payment Terms.
- General. Once an Signup Form has been submitted and accepted by the Company, you will be responsible for payment in full of all fees, by completing the purchase process on the Company’s website. The fees shown are not inclusive of sales, use or similar taxes which may be applicable. If applicable, sales, use and similar taxes shall be your sole responsibility and will be determined at the time that payment is made. All payments are due in U.S. dollars.
- Manner of Payment. You shall pay for all amounts payable under this Agreement either by credit or debit card (the “Client’s Card”), or such other form of payment as the Company may, in its sole discretion, permit. By submitting Signup Form you agree and authorize the Company to use your Client Card and apply the appropriate charges.
- Timing of Payment. Fees, as identified on the Signup Form, are due at the enrollment process, and for every year or month from that date until the termination of services by you or the Company. The Company shall have the right to charge the Client’s Card for fees in accordance with these Service Terms and Conditions and the Signup Form. You understand and acknowledge that all amounts owed must be paid in advance and that, in addition to being in breach of your contractual obligations, your service may be paused or terminated if timely payment is not received.
- Term. The Agreement shall commence upon submission of the Signup Form, and shall continue until terminated by you or by the Company in accordance with the terms of this Agreement.
- Marketing Services Term. The Marketing Services are available to you sixty (60) days after the submission of a Signup Form and payment, and commence upon the submission of Lease Break Application on the Company’s website by you, and will continue until you conclude the process of your lease break or the end of your lease, whichever accrues first. You shall notify the Company of your intention to break your lease as soon as possible by submitting a complete Lease Break Application and all required information on the Company’s website.
- Cancellation. Unless otherwise provided in this Agreement, you may cancel the Marketing Service at any time and for any reason by notifying the Company via email at email@example.com, and such cancellation will be effective immediately. The Company may terminate this Agreement and its services at any time for any reason on written notice to you (which may be provided by email).
- No Refunds. You understand and agree that you will not be entitled to any refunds of amounts already paid to the Company.
- Money Back Policy. You are entitle to refund in the amount specified herein, in the event that the Company failed to refer to you at least one (1) qualified tenant that can take over your lease within fourteen (14) days from the day you submitted a complete Lease Break Application on the Company’s website. The refund amount is the total amount paid by you to the Company from the annual anniversary of the services until the fourteenth (14th) day from the submission of your Lease Break Application.
- Collection of Amounts Owed. Any amounts not paid by you when due shall bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). You agree to pay all costs of collection (including attorney’s fees and costs and all other legal and collection expenses) incurred by the Company in connection with its enforcement of its rights under the Agreement.
- Effect of Marketing Services; Survival. You understand and acknowledge that due to the nature of the Internet, certain information regarding you that was posted on the Internet as part of the Marketing Services may continue to be available on the Internet following conclusion or termination of Marketing Services and/or the Agreement. All provisions of the Agreement that by their sense or nature should survive termination of the Agreement (including, without limitation, all limits of liability, indemnity obligations, and confidentiality obligations) shall survive. Without limiting the generality of the foregoing, in the event of any termination, you shall remain liable for any amounts due to the Company as of the effective date of termination.
- Hold Harmless. You hereby indemnifies and holds the Company harmless from and against all claims, suits, threats, demands, liabilities, settlements, negotiation costs and expenses, other costs, and attorney’s fees relative to any third party’s claim that the Marketing Service products or any of the content provided by you, infringes upon or interferes with any proprietary right of such third party, including but not limited to copyrights, trademarks, trade secrets, privacy rights, moral rights, patents, publicity rights, contractual rights, or any other right that may now or at any time in the future exist under any federal or state law, or contract, including but not limited to your lease agreement.
- No Guarantees. The Company makes no guarantees with respect to the performance of any Marketing Services or any other services.
- Arbitration. Except as specifically provided in this Agreement, the parties agree that any dispute or controversy arising out of, relating to or in connection with the interpretation, validity, construction, performance, breach or termination of this Agreement shall be submitted to binding arbitration to be held in New York, NY in accordance with the rules of the American Arbitration Association (the “Rules”). The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court of competent jurisdiction. The parties shall each bear their own attorney’s fees with respect to such Arbitration but shall share equally the other costs and expenses of arbitration.
- Choice of Law. In interpreting the terms of this Agreement, the parties agree that the laws of the State of New York shall be applicable. All suits permitted to be brought in any court shall be venued in Manhattan County, State of New York.
- Entire Agreement. This Agreement contains the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes and replaces all prior discussions, agreements, proposals, understandings, whether orally or in writing, between the parties related to the subject matter of this Agreement.
- This Agreement may be changed, modified or amended only in a written agreement or notice by the Company provided to you.
- If any provisions hereof are deemed to be illegal or unenforceable by a court of competent jurisdiction, the enforceability of effectiveness of the remainder of the Agreement shall not be affected and this Agreement shall be enforceable without reference to the unenforceable provision.
- No party’s waiver of any breach or accommodation to the other party shall be deemed to be a waiver of any subsequent breach.
Last modified: February 3, 2018