Yardi (Hubble Full-Time Office) Terms of Use for Office Providers (these "Terms")
Last updated: June 18, 2025
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1. Introduction
- Yardi Systems, Inc. ("Yardi") provides its Hubble online platform (the "Site"), that connects: (a) landlords and other providers of commercial office space ("Office Providers"); and (b) individuals or businesses (each, a "User") seeking to rent or otherwise use office space (collectively the "Service").
- The Service allows: (a) Office Providers to advertise available commercial office space ("Space") by creating and posting listings for such Space on the Site ("Listings"); and (b) Users to search for and enter into agreements to occupy the available Space directly with Office Providers (a "Space Agreement").
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2. Yardi Information
- Yardi is a California corporation headquartered at 430 S Fairview Ave., Goleta, CA 93117.
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3. Privacy
- Please see Yardi's Privacy Statement at https://resources.yardi.com/legal/hubble/privacy-statement/ to understand how Yardi collects, uses, and shares information that relates to Office Providers.
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4. Terms Applicability
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These Terms govern the relationship between Yardi and Office Providers. These Terms do not govern the relationship between Office Providers and Users, which shall be the subject of the separate Space Agreement between the relevant User and Office Provider.
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Office Providers' use of the Service is subject to these Terms and, by using the Service, Office Providers agree to be bound by these Terms. Office Providers should print a copy of these Terms for future reference.
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These Terms contain the only terms and conditions that apply as between Yardi and Office Providers with respect to the provision of the Service. Unless Yardi expressly agrees with an Office Provider otherwise in a signed writing, any standard terms which an Office Provider might use or provide will not apply to the relationship with Yardi.
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Yardi reserves the right to change these Terms from time to time, but the most current version of these Terms will always be at https://hubblehq.com/en-us/terms/full-time-providers. Any changes to these Terms will take effect on the date that Yardi publishes the new Terms on the Site. Changes will usually occur because of new features being added to the Service, changes in the law, or where Yardi needs to clarify Yardi's position on an issue. The new Terms will not affect any existing fee relationships between Office Providers and their Users, but will affect any business, Listings, or Space Agreements entered into after the changes take effect. Normally, Yardi will endeavor to provide notice before the new Terms become effective. However, sometimes changes will be made immediately and Yardi will not provide advance notice.
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Yardi may, at Yardi's discretion, offer incentives to Users to use the Service. If and when Yardi offers such incentives, the incentives may be subject to additional terms and conditions.
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THE SERVICE IS AN ONLINE PLATFORM THROUGH WHICH OFFICE PROVIDERS MAY CREATE LISTINGS FOR SPACES, AND USERS MAY SEARCH FOR, REVIEW, AND ENTER INTO SPACE AGREEMENTS TO OCCUPY AVAILABLE SPACES DIRECTLY WITH OFFICE PROVIDERS. USERS UNDERSTAND AND AGREE THAT YARDI IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN OFFICE PROVIDERS AND USERS, AND YARDI IS NOT A REAL ESTATE BROKER, AGENT, OR INSURER. YARDI HAS NO CONTROL OVER THE CONDUCT OF OFFICE PROVIDERS AND USERS ON THE SERVICE OR WITH RESPECT TO ANY SPACES OR SPACE AGREEMENTS AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, OR ANY SPACE AGREEMENT, NO PORTION OF FEES PAID AS BETWEEN USERS AND/OR OFFICE PROVIDERS, ON THE ONE HAND, AND YARDI, ON THE OTHER HAND, WILL BE DEEMED TO BE COMPENSATION FOR ANYTHING OTHER THAN THE PROVISION OF THE SERVICE.
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5. Creating an Account
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Office Providers do not need to register to browse the Site. However, to use certain features and functionalities of the Service, such as creating a Listing, Office Providers must first register with Yardi via the Site and create an account (an "Account"). Office Providers need only register once.
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To register, Office Providers (or their authorized representatives) must satisfy the following minimum eligibility criteria:
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Office Providers (or their authorized representatives) must be at least 18 years of age; and
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be authorized by the Office Provider for whom they work (if applicable) to create a Listing.
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It is Office Provider's responsibility to ensure Office Provider satisfies all of the minimum eligibility criteria set out above before choosing to register with Yardi via the Site. By doing so, Office Providers (or their authorized representatives) represent and confirm that they do meet all of the minimum eligibility criteria.
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To register, Office Providers (or their representatives) must provide Yardi with accurate, complete, and up-to-date contact information including name, email address, and any other relevant information Yardi may require for registration purposes.
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Office Providers can create an Account directly via the Service, or by logging into their accounts with certain third party sites or social networks ("TPS") such as LinkedIn, Facebook, or Google. If Office Providers choose a TPS option, Yardi will create the Account by pulling certain information from the TPS account, such as name, email address, and other such information that the privacy settings in the TPS account permit Yardi to access. Office Providers' use of TPS services are governed by the TPS' terms of use and privacy policies.
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Office Providers are responsible for the information provided to Yardi. Office Providers must promptly update Account information online in the event of any changes. Yardi reserves the right to suspend or terminate Accounts, and access to the Service, if any information provided proves not to be accurate or current.
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Registration is subject to approval by Yardi in all cases, and Yardi reserves the right, in Yardi's sole and absolute discretion, to decline any registration application, with or without cause. If Yardi approves an Office Provider registration, Office Provider will receive a notification from Yardi to the email the registering party (the "Registrant") provided to Yardi when the Registrant applied to register for an Account.
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If an Office Provider is registering as a legal entity or organization, rather than in a personal capacity: (a) the Registrant must have all necessary authority, power, and right to fully bind the legal entity or organization on whose behalf they are registering; (b) if the Registrant is not so authorized to bind the legal entity or organization, the Registrant must not attempt to register; and (c) by so registering, the Registrant represents and warrants to Yardi that they are duly authorized.
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When an Office Provider (or Office Provider's authorized Registrant) registers for an Account, Office Provider (or Office Provider's authorized Registrant) will be asked to create a username and password. The Registrant must keep the username and password confidential at all times, and use it only to access and use the Account and not for any other purpose. The Registrant is the only authorized user of the Account and, accordingly, must not disclose the username and password to anyone else. The Registrant must: (a) immediately notify Yardi upon discovering any unauthorized use of the Account, Registrant's password, or any error in the operation of the associated password; (b) immediately change your password if Registrant become aware that Registrant's Account has been compromised; and (c) ensure that Registrant fully exits from Registrant's Account at the end of each session. The Registrant is responsible for all activity that occurs on the Account. Any breach of these Terms and/or any use of the Account by anyone to whom the Registrant discloses the username and/or password will be treated as if the breach, or use, had been carried out by the Registrant (and/or associated Office Provider), and will not relieve the Registrant (or the Office Provider they represent) of the obligations to Yardi. Yardi reserves the right to require Registrants to alter or replace their usernames and/or passwords at any time in Yardi's sole and exclusive discretion.
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6. Creating a Listing
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Office Providers agree to appoint Yardi to promote and market Space(s), on a non-exclusive basis, pursuant to these Terms.
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Office Providers may create and upload Listings for a Space to the Service, and may be asked to provide information about the Space including, without limitation, the office type, capacity, price per month (per person or per office) (the "Space Fee"), tax registration details (if any), availability, building address, list of amenities (if any, such as Wi-Fi, furniture, lockers, showers, roof terrace, meeting rooms, 24 hour access, kitchen, bike storage, mailing address and disabled access), contact number, Space photos, a building description, and any other relevant information Yardi may require with respect to the Listing.
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Yardi reserves the right to remove any Listing if: (a) Yardi considers the Listing to be objectionable for any reason; (b) Yardi considers the Listing to be in violation of these Terms; or (c) Yardi receives notice from any third party claiming to have an interest in the Space (for example the property owner) that requires Yardi to remove the Listing. Yardi also reserves the right, in its sole discretion, to determine the positioning and order of all Listings on the Service. Office Providers acknowledge and agree that Yardi may charge a service fee to, or receive other consideration from, Office Providers in exchange for promoting a Listing on the Site and the Service.
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Yardi may make non-material amendments to a Listing, such as to correct inaccuracies in the information provided about the Space, or amend the description of the Space to conform to the style of other Listings on the Service.
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Office Provider acknowledges and agrees that Office Provider is responsible for all Listings that Office Provider publishes on the Service. Accordingly, Office Provider represents and warrants that:
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Office Provider:
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is the property owner or leaseholder (with right to sublease) ("Property Owner") of any Space advertised on the Service; and/or
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has the right, authority, or permission from the Property Owner to list such Space;
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the Space is compliant with all applicable laws and regulations;
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entering into a Space Agreement in relation to the relevant Space will not breach any agreement with any third party including, without limitation, any lease or sublease;
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the Listing is accurate and truthful and sets out all fees payable in respect of the use of the Space (including, by way of example and without limitation, charges relating to use of facilities, service charges, etc.);
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the Space Fees offered through the Service shall be the lowest price available in respect of the Space (as far as a similar listing is available on Office Provider's, or its affiliates,' websites or applications, or any third party websites or applications in relation to the Space);
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Office Provider shall promptly respond to any and all enquiries made by Yardi and/or a User in respect of the Space;
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Office Provider shall promptly advise Yardi of the terms of any Space Agreement once entered into with a User;
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Office Provider shall provide Yardi, within 14 calendar days of Yardi's request, with any and all information reasonably requested by Yardi relating to the Space Agreement;
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Office Provider shall, during the Chargeable Term [as defined in section 10 (Fees), below] promptly advise Yardi of any change to the Space Fees or the Space Agreement in respect of the Space;
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Office Provider shall keep Yardi informed of the current status of the Space, and: (i) remove the Listing; or (ii) advise Yardi in writing if the Space ceases to be available; and
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Office Provider shall not upload any Prohibited Content (as defined in section14.1.1, below) in any Listing.
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Office Provider shall defend, indemnify, and hold Yardi harmless from and against any and all losses that Yardi incurs or suffers, however arising, because of, or in connection with:
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Office Provider's breach of the warranties set out in section 6.5 of these Terms;
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Office Provider's breach or non-performance of any Office Provider obligations under these Terms;
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any claim made by a User, or any other third party, arising out of or in connection with the provision of the Space, to the extent that such claim arises as a result of any breach of these Terms by, or the negligence of, Office Provider or its personnel; and/or
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any claim made by a Property Owner arising out of or in connection with any Listing or Space Agreement entered into with a User.
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7. Additional Services
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Yardi may, from time to time, offer additional services to assist Office Providers with the creation of a Listing (collectively, "Additional Services").
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To request any Additional Services, please email Yardi at help@hubblehq.com, and Yardi will provide information on the fees for the requested Additional Services.
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Yardi will be the owner of any text, images, or other materials that Yardi creates in the course of providing Office Provider with any Additional Services (the "New Materials"). Yardi grants Office Provider a limited, non-sublicensable, non-transferable license to view the New Materials solely in connection with viewing and amending Office Provider's Listing. This license is personal to Office Provider and Office Provider is not permitted to give, or make available, the New Materials to any other person, or to use the New Materials for any other purpose including, without limitation, uploading any New Materials to any other website.
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8. Inquiries and Viewings
- Office Provider is responsible for: (i) responding to inquiries from Users regarding the Space(s) using the functionality on the Service; and (ii) cooperating with Yardi and Users in arranging User viewings of Space(s) (each, a "Viewing").
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9. Entering into a Space Agreement
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Yardi will advise Office Provider of Users interested in Office Provider Space(s), either through the applicable functionality on the Service or by contacting Office Provider directly.
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Office Provider is responsible for reviewing and confirming the suitability of a User before entering into a Space Agreement, including by conducting any checks or obtaining any references.
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Office Provider is responsible for contacting Users directly, and entering into Space Agreement(s) with Users where Office Provider deems appropriate. Yardi may assist in this respect at Office Provider's request and in Yardi's discretion, but Yardi does not determine, or negotiate, any Space Agreement terms entered into between Office Providers and Users.
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Yardi, itself, is not a party to any agreements entered into between Office Providers and Users in connection with any Space, nor is Yardi an owner, lessor, licensor, manager, or insurer of any Space. Yardi, therefore, has no control over, and disclaims all liability with respect to, the conduct of Office Providers, Users and other users of the Site and Service or any Space, including with respect to non-payment of any amounts due to Office Providers by Users under a Space Agreement or any non-conformity of a Space with the descriptions or pictures provided in a Listing.
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Office Providers must keep Yardi informed in relation to any Space Agreement entered into (including any amendments or termination).
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Office Providers agree to provide such feedback, rankings, and reviews as Yardi may reasonably request in respect of any Space Agreement and/or Space.
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Office Providers must ensure that any feedback provided conforms with these Terms including, without limitation, ensuring that the feedback does not contain any Prohibited Content (as defined in section14.1.1, below).
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If an Office Provider enters into a Space Agreement with a User referred by Yardi through the Service, the Office Provider will promptly notify Yardi and provide information reasonably requested for billing purposes including, without limitation, the legal entity, business address, and tax registration information for the legal entity (if not already provided), and a copy of the Space Agreement entered into between the Office Provider and corresponding User.
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10. Fees
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If an Office Provider enters into a Space Agreement with a User referred to Office Provider by Yardi through the Service (whether the Space Agreement was entered into before or after termination or closure of Office Provider's Account), Office Provider agrees to pay Yardi either:
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a service fee of 10% of the Space Fee payable to Office Provider by User for the first 12 months of the Space Agreement or the minimum term of the Space Agreement (whichever is greater) (the "Chargeable Term"), which will be payable by Office Provider to Yardi on the commencement date of the Space Agreement (the "Upfront Yardi Service Fee"); or
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a fee of 15% of the Space Fee payable to Office Provider by User in respect of the Chargeable Term, which will be payable by Office Provider to Yardi in equal, advance monthly installments over the entire Chargeable Term (the "Monthly Yardi Service Fee"), as agreed between Yardi and Office Provider; or
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such other service fee/payment terms as may be expressly agreed in advance and in writing between Office Provider and Yardi ("Other Yardi Service Fee") payable by Office Provider to Yardi in accord with the terms expressly agreed starting on the commencement date of the Space Agreement.
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The Upfront Yardi Service Fee, Monthly Yardi Service Fee, or Other Yardi Service Fee, as applicable, will also be payable by Office Provider to Yardi if a User that was referred to Office Provider by Yardi enters into a Space Agreement (whether with Office Provider or any affiliate of Office Provider), unless that affiliated Office Provider with which User enters into a Space Agreement agrees to pay the relevant Upfront Yardi Service Fee, Monthly Yardi Service Fee, or Other Yardi Service Fee, as applicable, to Yardi in writing.
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If: (a) the Space Agreement terminates before the end of the Chargeable Term; or (b) the Space Agreement is for a period of less than 12 months; then Office Provider shall be entitled to a pro rata credit of the Upfront Yardi Service Fee, Monthly Yardi Service Fee, or Other Yardi Service Fee, as applicable, subject to the provision of satisfactory evidence to Yardi that the Space Agreement has ended, and provided that Office Provider promptly informs Yardi if and when the Space Agreement terminates or expires.
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If any change to the Space Fee payable by a User to an Office Provider (or any of their respective affiliates) during the Chargeable Term, including where Office Provider and User (or any of their respective affiliates) agree that User will occupy a new Space or to reduce the size of an existing Space:
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Office Provider shall pay to Yardi on a pro rata basis any additional Upfront Yardi Service Fee, Monthly Yardi Service Fee, or Other Yardi Service Fee, as applicable, payable in respect of the increased Space Fee;
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Yardi shall credit to Office Provider on a pro rata basis any Upfront Yardi Service Fee, or Other Yardi Service Fee, as applicable, paid by Office Provider in respect of the decreased Space Fee; or
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the Monthly Yardi Service Fee shall be adjusted to take into account the increase or decrease in the Space Fee from the date of such increase or decrease in the Space Fee.
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The Upfront Yardi Service Fee, Monthly Yardi Service Fee, and Other Yardi Service Fee, as applicable, exclude taxes (if applicable), which shall be payable at the same time as the Upfront Yardi Service Fee, Monthly Yardi Service Fee, or Other Yardi Service Fee, as applicable.
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Yardi will submit an invoice in respect of the Upfront Yardi Service Fee, first Monthly Yardi Service Fee, or first Other Yardi Service Fee, as applicable, when the User takes occupation of the Space. Subsequent invoices will be sent in advance as applicable/appropriate. Office Provider agrees to pay all invoices within 30 calendar days of the date of the invoice.
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If Office Provider fails to make any payment due Yardi by the payment due date, then Office Provider shall pay interest on the overdue amount at the lesser rate of: (a) 5% per annum above the Wall Street Journal prime rate as reported by the Wall Street Journal from time to time; or (b) the maximum rate permitted by applicable law. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. Office Provider shall pay the interest together with the overdue amount. Yardi may also suspend or terminate Office Provider's access to any Service (and Yardi reserves the right to pursue any available legal remedy to collect the amount owed by Office Provider). However, charges will continue to be incurred until the Account is closed.
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Office Provider shall pay all amounts due in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). Yardi may at any time, without limiting its other rights or remedies, set off any amount owing to it by Office Provider against any amount payable by Yardi to Office Provider.
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11. Referrals
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A User has been referred to Office Provider by Yardi through the Service, and an Upfront Yardi Service Fee, Monthly Yardi Service Fee, or Other Yardi Service Fee, as applicable, is payable, if Office Provider enters into a Space Agreement with a User and:
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User first contacted Office Provider, or arranged a Viewing, through the Service; or
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Yardi first contacted Office Provider on behalf of User or arranged a Viewing on behalf of the User, unless Office Provider can prove with documentary evidence, to Yardi's reasonable satisfaction, within 2 working days of the date of first introduction to Office Provider, that Office Provider had previously been in contact with User other than through the Service.
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In the event of a disputed introduction, Office Provider must provide all related information and documentation in support of Office Provider's position. Yardi agrees to review this information, together with its own documented evidence, in good faith, and determine whether an Upfront Yardi Service Fee, Monthly Yardi Service Fee, or Other Yardi Service Fee, as applicable, are due. Yardi's determination on the matter shall be final and binding on Office Provider.
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Yardi may monitor any communications between Office Providers and Users to ensure that Office Providers are not attempting to circumvent the Service to avoid paying the Upfront Yardi Service Fee, Monthly Yardi Service Fee, or Other Yardi Service Fee, as applicable.
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12. Office Providers' Rights to Use the Service
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Office Providers agree not to, nor to allow anyone else to, use their Account:
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to interfere with or disrupt the provision of the Service or use the Service in a way that interferes with anyone else's use of the Service;
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to further any criminal or fraudulent activity or to impersonate another person;
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to breach the rights of any person (including, without limitation, rights of privacy and intellectual property rights); or
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otherwise in breach of any acceptable use guidelines that Yardi may issue from time to time.
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Except to the extent expressly set out in these Terms, Office Providers are not allowed to:
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download and store the Service, or any content made available through the Service, on a server or other storage device, or create an electronic database by systematically downloading and storing all, or any part of, the content of the Service;
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remove or change any content of the Service or attempt to circumvent security or interfere with the proper working of the Service or the servers on which it is hosted; or
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create links to the Service from any other website, without Yardi's prior written consent, although Office Providers may link from a website that is operated by Office Providers provided: (a) the link is not misleading or deceptive and fairly indicates its destination; (b) does not imply that Yardi endorses Office Provider; (c) the linked websites, and products or services offered, do not frame or replicate the Service home page; and (d) the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive, or infringing upon the intellectual property rights or other rights of any third party.
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Office Providers must only use the Service, and anything available from the Service, for lawful purposes (and in compliance with all applicable laws and regulations), in a responsible manner, and not in a way that might damage Yardi's name and/or reputation or that of any of Yardi's affiliates.
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13. Intellectual Property Rights
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As between Office Providers and Yardi, all intellectual property rights in the Service and any content made available through the Service (including any content, text, graphics, software, photographs and other images, videos, sound, trademarks, and logos), are owned by Yardi. Yardi gives Office Providers permission to use these materials and content for the sole purpose of using the Service in accord with these Terms.
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Office Providers' rights to use the Service are personal to each Office Provider, and Office Providers are not allowed to give those rights to any other person. Office Providers' rights to use the Service are non-exclusive and do not prevent Yardi from licensing the right to use the Service to other persons.
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Nothing in these Terms gives Office Providers any rights in respect of any Yardi intellectual property except the use license granted by these Terms, and Office Providers acknowledge that Office Providers do not acquire any ownership rights by downloading content from the Service. In the event Office Providers print, copy, store, or otherwise reproduce pages from the Service (solely as permitted by these Terms), Office Providers must ensure that any copyright, trademark, or other intellectual property right notices contained in the original content are reproduced.
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14. Office Provider-Uploaded Content
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Office Providers represent and confirm that any images, text, or information Office Providers upload to the Service, including any reviews posted about Spaces, Office Providers or Users (collectively, "Office Provider Uploaded Content"), will not:
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contain, transmit, distribute, link to or otherwise make available, or advertise or promote any content that infringes any intellectual property rights or data protection, privacy or other rights of any other person, is defamatory or in breach of any contractual duty or any obligation of confidence, is obscene, sexually explicit, threatening, abusive, harassing, inciteful of violence or hatred, blasphemous, discriminatory (on any ground), liable to cause anxiety, alarm or embarrassment, knowingly false or misleading, or that does not comply with all applicable laws and regulations or is otherwise objectionable ("Prohibited Content");
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impersonate any person or entity or otherwise misrepresent Office Providers' relationship with any person or entity;
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contain, transmit or distribute any unsolicited or unauthorized advertising, marketing or promotional material or other form of solicitation (spam); or
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transmit or distribute any virus and/or other code that has contaminating or destructive elements.
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Yardi does not claim ownership of any Office Provider-Uploaded Content that Office Providers upload to the Service, and ownership will remain with Office Providers and any third party whose content is included in Office Provider-Uploaded Content, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Office Provider-Uploaded Content (in whole or part) and/or to incorporate it in other works in any form, media or technology, for marketing purposes, and Office Providers waive any moral rights Office Providers may have in, or to be identified as the author, of such Office Provider-Uploaded Content.
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Office Providers must ensure that Office Providers have all necessary right, title, and/or interest in and to any content owned by a third party included in Office Provider-Uploaded Content to grant Yardi and its affiliates the license in section 14.2, above, and that Office Provider-Uploaded Content will not otherwise infringe any other party's rights.
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Yardi's right to use Office Provider-Uploaded Content does not in any way affect privacy rights as reflected in Yardi's Privacy Statement at https://resources.yardi.com/legal/hubble/privacy-statement/ which provides information on how Yardi uses personal information.
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While Yardi does not pre-screen Office Provider-Uploaded Content, Yardi reserves the right, in Yardi's sole discretion, to monitor, delete, edit, or modify any Office Provider-Uploaded Content submitted to the Service, and/or to close any topic, page, group or remove any Listing, at any time without notice to Office Providers.
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Office Providers grant Yardi the permission and right to cross-market to Office Providers from and among Yardi and Yardi's Affiliates.
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15. Confidentiality
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Each party undertakes that they shall not at any time disclose to any third party any confidential information concerning the business, affairs, customers, clients, or suppliers of the other party, except as permitted by section 15.2, below.
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Each party may disclose the other party's confidential information:
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to its employees and officers, and those of its affiliated entities under common control with the party, (collectively, "Representatives") who need to know such information for the purposes of carrying out the party's obligations under these Terms. Each party shall ensure that its Representatives to whom it discloses the other party's confidential information comply with this section 15 (Confidentiality), and shall be liable for any breach of this section 15 (Confidentiality) by its Representatives; and
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as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority; provided that the party has (to the extent permitted by applicable law, notified the other party.
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Neither party shall use the other party's confidential information for any purpose other than to perform its obligations under these Terms.
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16. Service Suspension and Termination
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Yardi may, with or without prior notice, terminate these Terms or suspend and/or terminate any Service and/or Office Provider's Account if:
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Office Provider breaches any of these Terms;
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Office Provider fails to pay any correctly billed charges when due;
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Office Provider becomes insolvent, makes an assignment for the benefit of creditors, petitions for bankruptcy, has a bankruptcy petition filed adversely, or is subject to any event or proceedings which are equivalent, or substantially similar, under any applicable jurisdiction; or
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Yardi may also terminate these Terms, the Service, and/or an Account provided Yardi provides reasonable notice.
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If Office Provider has breached these Terms, Yardi may take such action as it deems appropriate. Such a breach may, but not necessarily, result in Yardi taking, with or without notice, all or any of the following actions:
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issuing a warning;
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immediate, temporary, or permanent removal of any content submitted;
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immediate, temporary, or permanent withdrawal of Office Provider's right to use the Service;
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legal proceedings against Office Provider for reimbursement of all recoverable loss and damage resulting from the breach; and/or
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disclosure of all relevant information to law enforcement authorities as Yardi reasonably deems necessary.
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The responses described above are not limited, and Yardi may take any other action it deems appropriate.
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Office Provider may also terminate an Account at any time by emailing Yardi at help@hubblehq.com and include 'Delete Account' in the subject line.
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Upon termination of these Terms, the Service, or Office Provider's Account for any reason:
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all rights granted under these Terms will immediately cease;
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Office Provider must promptly discontinue all use of the relevant Service; and
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Office Provider must pay Yardi all outstanding amounts owed.
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17. Yardi Liability
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Nothing in these Terms shall limit or exclude Yardi's liability:
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for gross negligence or willful misconduct;
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for any other liability that may not be limited or excluded as a matter of applicable law.
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SUBJECT ONLY TO SECTION 17.1, ABOVE, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YARDI BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (EVEN IF YARDI HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING FROM OR IN CONNECTION WITH THESE TERMS. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, OFFICE PROVIDERS AGREE THAT IN THE EVENT OF ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR CONNECTED WITH THIS AGREEMENT, YARDI'S MAXIMUM LIABILITY TO EACH OFFICE PROVIDER, REGARDLESS OF THE AMOUNT OF LOSS SUFFERED, SHALL NOT EXCEED THE FEES PAID BY THE RESPECTIVE OFFICE PROVIDER TO YARDI PURSUANT TO THIS AGREEMENT WITHIN THE YEAR PRIOR TO THE EVENT (OR FIRST OCCURRENCE OF A SERIES OF EVENTS) GIVING RISE TO THE LIABILITY.
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Yardi will not be liable or responsible for any failure or delay in performance of any of Yardi's obligations under these Terms that is caused by events outside Yardi's reasonable control.
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Yardi may, from time to time, with or without prior notice, temporarily suspend the operation of the Service and/or the Site (in whole or in part) for repair or maintenance work, or to update or upgrade any contents, features, or functionality. In addition, due to the nature of the Internet and technology, the Service is provided on an 'as available' and 'as-is' basis. This means that Yardi is not promising that Office Providers' use of the Service will be uninterrupted, without delays, error-free or meet Office Providers' expectations. Yardi does not give, and disclaims, any commitment or warranty relating to the performance or availability of the Service and, to the fullest extent permitted by applicable law, Yardi excludes any commitments that may be implied by law.
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Since Yardi, itself, is not a party to any agreements entered into between the Office Providers and Users in connection with any Space, Office Providers agree that Yardi will have no liability in respect of the Space or Space Agreement, including:
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any non-payment of any Space Fees or other charges payable by the User to the Office Provider;
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any damage to any Space caused by a User or by any other person;
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any losses suffered by a User because of the unsuitability of, or any defect in, the Space.
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While Yardi tries to make sure that all information provided through the Service (other than Office Provider-Uploaded Content) is correct, Yardi makes no representation or warranty of any kind in that regard, and is not an authority or advisor in that regard on which reliance should be placed. Office Providers should check the relevant information source before acting on any such information. In addition, as Yardi does not own or produce any Office Provider-Uploaded Content, or other third party content made available on the Service, Yardi cannot be responsible for Office Provider-Uploaded Content or third party content in any way. Office Providers agree that use of any content made available on the Service is on an 'as is' and 'as available' basis and at Office Providers' sole risk.
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Yardi makes no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose, or originality of any content on the Service and, to the fullest extent permitted by law, disclaims and excludes all implied and statutory warranties or conditions, and Yardi accepts no liability for any loss or damage of any kind incurred as a result of Office Providers, or anyone else, using the Service or relying on any content on the Service.
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Yardi uses industry standard anti-virus technology for the Service, but cannot and does not guarantee that any content of the Service will be free from viruses and/or other code that may have contaminating or destructive elements. It is Office Providers' responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy Office Providers' particular requirements as to the safety and reliability of content.
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18. Complaints, Notice, and Takedown Policy
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Complaints about any Office Provider-Uploaded Content, or any other content available through the Service, must be sent to help@hubblehq.com and must contain details of the specific Office Provider-Uploaded Content giving rise to the complaint.
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Any person may contact Yardi by sending notice (an "Infringement Notice") if any of the Office Provider-Uploaded Content or other content available through the Service infringes their rights. The Infringement Notice should be sent by email to help@hubblehq.com. Please provide the following information in the Infringement Notice:
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name and contact details;
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a statement explaining in sufficient detail why the content available through the Service is considered infringing; and
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a link to or such other means of identifying the problematic content.
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Yardi will take the action that Yardi believes is appropriate depending on the nature of the Infringement Notice or complaint, and will aim to respond within a reasonable period on the action Yardi proposes to take.
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19. External Links
- The Service may, from time to time, include links to external sites, which may include links to third party offers and promotions. Yardi includes the links to provide access to information, products, or services that may be found useful or interesting. Yardi is not responsible for the content of these linked sites, or for anything provided by them, and does not warrant or guarantee that linked sites will be continuously available. The fact that Yardi include links to such external sites is not, and does not imply, any endorsement of, or association with, the site operators or promoters.
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20. Service Changes
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Yardi may change and improve the format and content of the Service from time to time, to provide new and innovative features and services and to reflect changing technologies, tastes, behaviors, and the way people use the Internet and the Service.
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To so change and improve the Service, Yardi may need to update, reset, stop offering and/or supporting a particular part of the Service, or feature relating to the Service ("Service Changes"). These Service Changes may affect Office Providers' past activities on the Service, features, Office Provider-Uploaded Content, and any other information submitted to the Service ("Service Elements"). Any Service Changes could involve Office Providers' Service Elements being deleted or reset.
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Office Providers agree that a key characteristic of the Service is that Service Changes will take place over time, and that Service Changes are an important basis on which Yardi grants access to the Service. Once Yardi makes Service Changes to any part of the Service, Office Providers' continued use of the Service thereafter shall constitute acceptance of the Service Changes. Office Providers are always free to stop using the Service.
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21. General
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Office Providers may not transfer or assign all, or any portion of, the rights and/or obligations under these Terms.
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All notices given by Office Providers to Yardi must be given in writing to the address set out at the end of these Terms. Yardi may give notice to Office Providers at either: (a) the email; or (b) the postal; address provided when registering on the Site.
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The waiver of a party's breach of these Terms shall not operate or be construed as a waiver of any other or subsequent breach.
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If any provision of these Terms is found by a court or other body of competent jurisdiction to be unenforceable, all other provisions of these Terms shall remain enforceable.
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These Terms may not be varied except with Yardi's consent.
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Yardi may aggregate, compile, and use data from the Site and the Service to improve, develop, or enhance the Site, the Service, and/or other services offered, or to be offered, by Yardi; provided. however, that no data so aggregated, complied and used is identifiable as originating from, or can be traced back to, Office Providers or Office Providers' customers, tenants, or residents, in such compiled and aggregated form.
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In accord with Yardi's obligations to credit bureaus, credit reporting agencies, and including Yardi's obligation to help prevent and detect potentially fraudulent and/or suspicious activity, Office Providers acknowledge and agree that Yardi may conduct random as well as regular monitoring of users' access to, and use of, the Site and Service as they relate to these Terms in order to validate that users are accessing and using the Site and Service for legitimate purposes and in accord these Terms. Additionally, pursuant to any obligations Yardi has, or may have, under any laws or regulations concerning the prevention of identity theft, financial fraud, money laundering, terrorist financing, etc., Office Providers agree to comply with any standard Yardi 'know-your-client' requirements, processes, and/or procedures.
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These Terms, and any document expressly referred to in them, represent the entire agreement between Office Providers and Yardi, in relation to the subject matter of these Terms, and supersede all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty except those inducements, representations and warranties expressly set forth in this Agreement.
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These Terms shall be governed and determined by the laws of the United States and the State of California as such laws are applied to agreements made and performed entirely within the State of California between California residents. Any action or proceeding related to or arising out of this Agreement shall be resolved only in a court of competent jurisdiction in the City of Santa Barbara, State of California (or the court of competent jurisdiction closest to Santa Barbara, CA if no court of competent jurisdiction resides in Santa Barbara, CA), and the parties consent to the personal jurisdiction of such courts and expressly waive any right they may otherwise have to cause any such action or proceeding to be brought or tried elsewhere.
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22. Contacting Yardi
- Please submit any questions about these Terms, or any complaint or concern in relation to any Service, by email to help@hubblehq.com or write to Yardi at: Yardi Systems, Inc., Attn: Hubble Support, 430 S Fairview Avenue, Goleta, CA, 93117.