Terms of Use

June 17, 2022

Welcome to Unilease.com, the site that offers online real estate information services. Unilease, LLC (referred to as “Unilease,” “Unilease.com,” “We,” “Our” or “Us” herein) offers services to businesses and individuals on a web-based software platform that allows users to access market information, connect with other users, and make informed decisions for their commercial real estate needs.

These terms of use (“Terms of Use”) set forth the standards of use of Unilease.com and all of its associated websites (collectively, the “Website”).

Definitions

Please read these Terms of Use carefully. If You do not accept and agree to all of these Terms of Use, You are not authorized to use the Website or the services provided therein. By accessing or using the Website, You agree to be bound by these Terms of Use. Additionally, You understand and agree that Unilease and / or its approved third parties may electronically provide to You, either through posting or links on the Website or through e-mail, mail, or other physical delivery, agreements, invoices and other documents, notices and communications regarding Your relationship with Unilease, its Users and its services (“Communications”). You hereby consent to receipt of such Communications electronically. If you are a User and have a separate written agreement with Unilease, the terms and conditions of the separate written agreement shall govern in all respects in the event of a conflict with these Terms of Use. With respect to non-conflicting terms of this Terms of Use and any other written service or advisory agreements, the collective, non-conflicting terms shall make up the collective agreement between the parties.

Modification of Terms

Unilease reserves the right, at any time, to modify, alter, or update the Website and these Terms of Use without prior notice. You must review these Terms of Use on a regular basis to monitor changes or modifications to these Terms of Use. Should You wish to terminate Your account due to a modification to these Terms of Use, You may do so by closing Your account, subject to the terms of any other payment or fee agreements. If You choose to continue using the Website, You agree that by doing so You will be deemed to accept the then current Terms of Use.

Eligibility

You must be 18 years of age or older to use the Website or any of the services provided therein in any manner and authorized by your entity for such use. By using the Website and accepting these Terms of Use, You represent and warrant that You are at least 18 years of age and have the right, authority and capacity to agree to and abide by these Terms of Use. You also represent that You will use the Website and any services or information provided by Unilease in a manner consistent with any and all applicable laws and regulations.

Services of Website

UNILEASE MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTEES OR ASSURANCES AS TO AVAILABILITY OF REAL ESTATE SUITABLE FOR ITS USERS, THE AMOUNT OF DATA, AVAILABILITY OF OTHER USERS OR INFORMATION IN THE WEBSITE, OR ITS RELEVANCE TO YOUR NEEDS, THE QUANTITY, ACCURACY, SUITABILITY, APPLICABILITY OR RELEVANCE OF THE CONTENT ON THE WEBSITE, AND ALL INFORMATION IS PROVIDED “AS-IS” AND SUBJECT TO YOUR OWN REVIEW. UNILEASE FULLY DISCLAIMS ALL INFORMATION PROVIDED TO YOU THROUGH THE WEBSITE OR FROM UNILEASE OR ITS USERS. YOU ACKNOWLEDGE THAT ALL INFORMATION CONTAINED ON THE WEBSITE IS FROM SOURCES DEEMED RELIABLE, BUT UNILEASE MAKES NO CLAIMS AS TO THE REPUTABLE NATURE OF THE SOURCES, AND THEREFORE YOU BEAR THE FULL RESPONSIBILITY OF VERIFYING ANY INFORMATION ON THE WEBSITE OR FROM UNILEASE AND ACKNOWLEDGE THAT ALL CONTENT IS SUBJECT TO ERRORS AND OMISSIONS (BY UNILEASE OR ANY OTHER PERSON OR ENTITY) AND FRAUD (BY ANY PERSON OR ENTITY OTHER THAN UNILEASE), AND YOU FULLY RELEASE UNILEASE FROM ANY LIABILITY RESULTING FROM LOSS DUE TO ERRORS AND OMISSIONS (BY UNILEASE OR ANY OTHER PERSON OR ENTITY) AND FRAUD (BY ANY PERSON OR ENTITY OTHER THAN UNILEASE). ALL REAL ESTATE TRANSACTIONS ARE SUBJECT TO A VARIETY OF CONDITIONS THAT SUBJECT EACH TRANSACTION TO DIFFERENT RISKS AND CHANGES THAT UNILEASE CAN NEITHER PREDICT NOR ANTICIPATE.

For Users:

Unilease offers information and services to Users so they may make better informed real estate decisions.

Any Content displayed to a User on the Website or from Unilease is NOT a representation of the final terms or rates that a User may receive during or after negotiations in the market, nor is it representative of any particular sample size of the market. Rather, it is a preliminary summary of information and Content provided by Users. Unilease does not guarantee the terms of any real estate transaction, the availability of any real estate in the market, the availability of expansion space, the renewability or any rights of any lease, supply or demand forces in any market, the competency, professionalism, accuracy, availability of, or service from a User, broker, landlord or other service provider in the market, nor does Unilease represent or warrant the individual terms that a User may receive when negotiating a real estate transaction in User’s market. Real estate transactions vary from transaction to transaction and may be subject to a variety of factors such as market conditions, lease term, the credit of the User, the general demand in the market, among other things. Users must negotiate with third parties as needed to determine the terms of a transaction or lease in their market, which may subject the User to extensive negotiations, credit and financial reviews, among other stresses, and Users are encouraged and recommended to seek legal and additional professional advice in such dealings.

Unilease will not provide any real estate brokerage services under these Terms of Use. In the event You desire any real estate brokerage or legal services, You will need to contact and engage qualified and licensed professionals offering such services. Unilease recommends using qualified brokerage and legal professionals for any real estate transaction.

SUBJECT TO YOUR PROTECTED INFORMATION, WHICH UNILEASE AGREES TO NOT SHARE WITHOUT YOUR AUTHORIZATION OR APPROVAL, by enrolling on the Website, You authorize Unilease to use Content provided by You to provide information to other Users, and vice versa. Additionally, You authorize Unilease to keep and store any information entered into or shared with the Website, and to use such information at its discretion, subject to these Terms of Use and Our Privacy Policy. You certify that all of the information You provide to Unilease is true, accurate and complete, and that You are authorized to provide such information. You agree to pay Unilease the applicable fees for Your use of the Website at the rates and upon the terms set forth on the Website or in any separate written agreement between You and Unilease relating thereto.

Subject to Your Protected Information, by posting, uploading, inputting, providing, submitting, or furnishing information or materials to Unilease or the Website, including any Content You may provide to Unilease or the Website (collectively the “Submissions”), You are granting Unilease and its affiliates an irrevocable, perpetual, worldwide, royalty-free, and fully-paid license to possess, use, disclose, publish, modify, display, distribute, and prepare derivative works of all Submissions (including any Content You may provide to Unilease or the Website). No compensation will be paid with respect to the use of Your Submissions. By posting, uploading, inputting, providing, submitting, or furnishing Your Submissions, You represent and warrant that You own or otherwise control all of the rights to Your Submissions as described in these Terms of Use, including all the rights necessary for You to provide, post, upload, input, submit, or furnish the Submissions.

Notwithstanding the above with respect to Your Protected Information, Unilease will not, without Your consent, copy, share, transfer, disclose, publish, display, distribute, or sell Your Content. Unilease may, however, utilize Anonymous and aggregated Content (including Protected Information) provided by You in any way and for any purpose.

Premium Services, Payments & Subscriptions

If you pay for Premium Services, You agree to pay for those services based upon the terms and conditions found herein.

Access of Website / Interruption of Service

Unilease reserves the right to modify or discontinue any services, features or Content provided by Unilease with or without notice to You. You acknowledge and accept that Unilease does not guarantee continuous uninterrupted service or access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of Our control and/or at Our discretion.

Account Information

In association with our services, you will be asked to create a Unilease account and provide Unilease with certain information including, without limitation, a valid e-mail address. You may not authorize any third party to access or use the Website on Your behalf. You are solely responsible for maintaining the confidentiality of Your Unilease account information and any files You upload or share with the Website, the general public, or other Users. Unilease is not liable for any direct or indirect damages or loss resulting from the unauthorized use of Your account.  In the event that You become aware of any unauthorized use of Your Unilease account, You hereby agree to immediately notify Unilease.

You are responsible for any activities associated with Your Unilease account. We reserve the right to disable any user identification code or password, whether chosen by You or allocated by us, at any time, and for any reason, at Our sole discretion, including if, in Our opinion, You have failed to comply with any of the provisions of these Terms of Use.

You are responsible for making all arrangements necessary for You to have access to the Website and to the services provided therein. Unilease does not guarantee connectivity to the Website in any manner.

Disclaimer of Warranties

All of the information and materials contained on the Website, including text, graphics, information, links or other items are provided on an “AS-IS” and on an “AS AVAILABLE” basis, without warranty of any kind, express or implied, including without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access. To the fullest extent permitted by applicable law, Unilease makes no representations or warranties of any kind, express or implied, regarding the use, security, functionality or the results of the Content or this Website or any of the services or information provided therein in terms of its availability, accuracy, adequacy, correctness, precision, timeliness, completeness, thoroughness, reliability or otherwise.

Unilease expressly disclaims liability for errors, omissions, accidental or intentional deletions, or alterations of material, site features, programming, or services in the information and materials contained therein, AND ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

No warranty of any kind, whether implied, expressed or statutory, including but not limited to the warranties of non-infringement of third party rights, title, noninfringement, merchantability, fitness for a particular purpose and freedom from defect, computer virus or other error, is given in conjunction with any of the information, materials or services provided by Unilease or available through the Website. We make no warranty that the Website, Content or the services thereon will meet Your requirements.

Limitation of Liability

The Website acts as a venue for individuals and businesses to make preliminary inquiries about real estate, explore, compare, or study information stored on the Website, assess real estate market conditions, request information, and connect with other Users. Unilease is not intended to be the sole repository or storage of any Content or information, and You should save files and information on your personal devices for your records. Unilease does not monitor or control the type, quantity, legality, accuracy or validity of the Content stored, shared or submitted on or through the Website, nor can Unilease guarantee that Content will be kept confidential. As a result, Unilease has no control over Content, quality, safety, accuracy, or legality of files or information stored, published, shared, or provided and makes no representations about Content. Unilease shall not be responsible for any damages resulting from the improper or illegal use of the Content or the Website, nor can Unilease provide any warranty as to the accuracy, completeness or validity of the Content. You acknowledge and agree that You are solely responsible for the accuracy, form, and substance of any of Your Content that is posted on the Website, and for determining the accuracy of any information shared, displayed, published or provided to You before its use. You release Unilease from any liability associated with the confidentiality of the information You share with Unilease.

Except as expressly provided in these Terms of Use, in no event shall Unilease, its directors, officers, employees, agents, suppliers, licensors, or any third parties appearing on the Website (the “Website Parties”) be liable for any damages whatsoever to You, including without limitation any direct or indirect, special, incidental, or consequential damages, damages for lost profits, lost business, loss of revenue or loss of use, and any other losses or expenses arising out of or related to the Website, services provided by Unilease, the Content, any information received from the Website, any email distributed to You from the Website or any linked website, or any use or inability to use thereof, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if the Website Parties or representatives thereof, have been advised or are aware of the possibility of such damages, losses or expenses. In no event shall the Website Parties be liable to You for any information or Content posted, transmitted, exchanged, or received by or on behalf of You or other person or entity on or through the Website.

YOU ACKNOWLEDGE THAT THE WEBSITE & UNILEASE OFFER SERVICES THAT YOU HAVE INVESTIGATED AND UNDERSTAND, AND THEREBY AGREE THAT IN NO EVENT WILL UNILEASE HAVE ANY LIABILITY TO YOU WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR UNILEASE’S SERVICES AND ANY INFORMATION OR SERVICES PROVIDED THEREIN, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE). THIS SHALL CONSTITUTE YOUR EXPRESS WAIVER OF LIABILITY ARISING FROM ANY CLAIM AGAINST UNILEASE.

Indemnification

You agree to defend, indemnify, and hold harmless the Website Parties from any claim or demand including reasonable attorneys’ fees and costs, made by any third party arising out of or related to: i) Your use of the Website, ii) Your use of any Content contained therein, iii) Your Content or Submissions, or iv) Your violation of these Terms of Use. Unilease shall provide You prompt notice of any such claim, suit, or proceeding, and Unilease reserves the right and shall have the option, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with Unilease’s defense of such claim.

Acceptable Use Policy (“AUP”)

(1) Valid Email Address: You must supply and maintain a valid and verified email address in order to use the services provided by the Website. Invalid email addresses and those that have not been verified through the verification email sent upon sign-up will be deleted from Our system and denied access to the Website.

(2) Unauthorized Use: Unauthorized use of the Website and Unilease’s systems, including but not limited to unauthorized entry into any of Unilease’s systems, misuse of passwords, misuse of information posted to the Website, or providing false or inaccurate information Us or the Website, is strictly prohibited. Unilease reserves the right, in Our sole discretion, to immediately revoke Your account and/or seek all other legal remedies available for misusing or misappropriating the Website or Content, including but not limited to, use on a “mirrored”, competitive, or third party site.

(3) Content: You acknowledge that the Website offers services requiring its Users to enter, share, administer, and store Your personal information on the Website’s computer systems and other hardware, which may be owned and controlled by third parties. Accordingly, You represent and warrant that You have all rights to such Content entered by You, and all information entered, shared with, or uploaded to, the Website. By using the Website and sharing Content, You acknowledge that, subject to your Protected Information, You are granting Unilease and its Users, affiliates, subsidiaries, and partners an irrevocable, perpetual, worldwide, royalty-free, and fully-paid license to possess, use, copy, share, transfer, disclose, publish, modify, display, distribute, sell, administer, access, and store Your Content. Unilease reserves the right to view, monitor, reject, and delete Your Content at Our sole discretion. You hereby acknowledge and consent to such monitoring and editing practices by Unilease. Additionally, Unilease reserves the right to save, store, study, and report, aggregate, and use Your Content in any way or for any purpose.

Unilease reserves the right to change the methods, URLs, and any procedures for accessing Your Content at any time and with or without notice.

(4) Use of Website Content: The contents of the Website such as text, graphics, images, logos, button icons, software, and other content (collectively the “Website Content”) may be protected under both United States and foreign copyright, trademark, and other laws. All such Website Content is the property of Unilease or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Website is the exclusive property of Unilease and may be protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the Website Content may violate these laws and is strictly prohibited. You must retain all copyright, trademark, service mark, and other proprietary notices contained in the Website Content on any authorized copy You make of such Website Content. You may not sell or modify the Website Content or reproduce, display, publicly perform, distribute, or otherwise use the Website Content in any way for any public or commercial purpose, in connection with products or services that are not those of Unilease, or in any other manner that is likely to cause confusion among consumers, that disparages or discredits Unilease or its licensors, that dilutes the strength of Unilease or its licensor’s property, or that otherwise infringes upon Unilease or its licensor’s intellectual property rights. You may not in any other way misuse the Website Content. The use of the Website Content on any other website or in a networked computer environment for any purpose is prohibited. Any code that Unilease creates to generate, share, administer or display any Website Content or the pages making up the Website is also protected by Unilease’s copyright and You may not copy or adapt such code.

(5) Website Restrictions: Your use of the Website may be used only for lawful purposes by authorized individuals and businesses. You may not use the Website in order to transmit, post, distribute, store, or destroy material, including without limitation, the Website Content, i) in violation of any applicable law or regulation; ii) in a manner that will infringe the copyright, trademark, trade secret, or other intellectual property rights of others or violate the privacy, publicity, or other personal rights of others; iii) that is defamatory, obscene, threatening, abusive, or hateful; or iv) on an unauthorized basis on behalf of any third parties.

(6) Prohibited Uses: You must not misuse the Website by knowingly introducing viruses, trojans, worms, malware, logic bombs, or other material which is or may be malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

You are prohibited from violating or attempting to violate the security of the Website, including without limitation, the following activities:

(a) accessing data not intended for You or logging into a server or account that You are not authorized to access;

(b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

(c) attempting to interfere with service to any User, host, or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “spamming”, “mailbombing”, or “crashing”; or

(d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Violations of system or network security may result in civil and/or criminal liability. Unilease will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

In addition, You acknowledge and agree that:

  1. You shall not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, grant a security interest in, or otherwise transfer any rights to, or commercially exploit, any Content;
  2. You shall not copy, reproduce, republish, upload, post, transmit, or distribute the Content in any way;
  3. You shall not modify, translate, alter, adapt, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), reproduce, distribute, or display, or create derivative works, compilations, or collective works based on the Content;
  4. You shall not knowingly or negligently permit other individuals or entities to use or copy the Website or our other services, or create Internet “links” to the Website or “frame” or “mirror” the Website on any other server or wireless or Internet-based device;
  5. You shall not access the Website in order to: i) build a competitive product or service; ii) build a product using similar ideas, features, functions, or graphics of the Website or the Content; iii) copy any ideas, features, functions, or graphics of the Website or the Content; iv) monitor its availability, performance, or functionality; or v) for any other benchmarking or competitive purposes;
  6. You shall not access the Website if you sell or provide any service, software, or product that may compete with Unilease’s services or products, or if you are acting on behalf of any person or entity that may compete with Unilease’s services or products.
  7. Because of the difficulty associated with quantifying damages, in addition to any other damages to which Unilease may be entitled, if actual damages cannot be reasonably calculated then you agree to pay Unilease liquidated damages of $250 for each violation of this Section 6 or the maximum liquidated damages permitted under law, whichever is greater; otherwise you agree to pay Unilease’s actual damages, to the extent such actual damages can be reasonably calculated.

(7) User Content and Submissions: You are solely responsible for Your account information, stored files, profile, Content You created including, without limitation works in any form, media, or technology whether now known or later developed, messages, audio, video, photos, text, images, compilations, or other information that You post on the Website or transmit to other Users. You agree that in submitting Content or otherwise using the Website that You will not impersonate any person, or submit any materials to the Website that are false, inaccurate, misleading, unlawful, or are otherwise in violation of Your obligations under these Terms of Use.

The following is a partial list, for illustration purposes, of Content that is prohibited on the Website. You may not post content or otherwise use the Website in any way that:

Other Sites & User Content Reliability

The Website and any Content may contain links to websites and information controlled, sourced from, provided by, or offered by third-parties (non-affiliates of Unilease). You acknowledge that Unilease is not responsible for the availability of, accuracy of, or the content located on or through any third-party website or Content. Unilease makes no representations about, and disclaims liability for, any information, materials, products, or services posted or offered at any of the third-party websites linked to the Website or Content posted on the Website. By providing such links or information, Unilease does not endorse or recommend any products or services offered or information contained therein, nor is Unilease liable for any failure of products or services offered or advertised at those websites or contained within User generated Content. If You decide to access such linked third-party website(s) or rely upon Content, You do so at Your own risk. Your use of third-party sites and Content is subject to the terms of use and privacy policies of each such site and subject to Your understanding and knowledge of the Content, and We are not responsible for anything contained therein. You should contact the site administrator or webmaster for those third-party sites or the User who uploaded, shared, or otherwise provided You with the Content You are relying upon if You have any concerns regarding said Content or the content on such third-party sites.

Intellectual Property

You acknowledge and agree that, as between You and Unilease, Unilease owns, and shall continue to own, all proprietary right, title, and interest (including, but not limited to, those based on applicable copyright, trade secret, and patent law) in the Website, the Content provided by Unilease on the Website, including without limitation, site design, text, graphics, and interfaces and any intellectual property embodied therein and any modifications or derivative works of any of the foregoing (“Unilease Materials”). Any use of Unilease Materials including reproduction, modification, distribution, or replication, any form of data extraction or data mining or other commercial exploitation of any kind without prior written permission of an authorized officer of Unilease is strictly prohibited. You agree that You will not use any robot, spider, or other automatic device or manual process to monitor or copy the Website, Unilease Material, or any third-party content available on Our Website.

Third-party Intellectual Property Rights

Unilease respects the intellectual property of others, and We ask You to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition to Your use of the Website and Website Content, You agree not to use the Website or Website Content to infringe the intellectual property rights of others in any way. Unilease reserves the right to terminate Your account, and block access to the Website or Content if You infringe the copyrights, or other intellectual property rights, of others. Unilease reserves the right to take these actions at any time, in its sole discretion, with or without notice, and without any liability to the party that is terminated or to the party whose access is blocked.

Trademarks

The trademarks, logos, service marks, and trade names (collectively the “Trademarks”) displayed on the Website or on Content are registered and unregistered Trademarks of Ours and others and may not be used in violation of applicable rights. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of the applicable rights holder.

Unilease may suspend or terminate Your access to Your account, without notice or liability, for any violation of these Terms of Use or for any other use that Unilease, at its sole discretion, deems improper.

International Use

Unilease makes no claims that the Website may be lawfully viewed or accessed outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website from outside of the United States, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. If You access the Website from outside of the United States, You acknowledge that any personal information You provide will be processed in the United States and other geographies as selected by Us in Our sole discretion, and You hereby consent to the collection and processing of Your personal information in a manner consistent with these Terms of Service and Our associated Privacy Policy.

Governing Law

These Terms of Use are governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively in the state and federal courts of Bell County, Texas.

Severability; Waiver

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. In addition, Unilease’s failure to enforce any term of these Terms of Use shall not be deemed as a waiver of such term or otherwise affect Unilease’s ability to enforce such term at any point in the future.

Notice

All inquiries, questions, or notices to Unilease should be directed to:

Unilease, LLC
PO Box 80235
Austin, Texas 78708