Yardi (Hubble On-Demand) Terms of Use for Users (these "Terms")
Last updated: June 25, 2025
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1. Introduction
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Yardi Systems, Inc. ("Yardi") operates a service that allows Users [defined in section 2 (Definitions), below] of Hubble On-Demand to access Workplace Facilities [defined in section 2 (Definitions), below], and other products, services, and benefits (collectively, "Hubble On-Demand"). These Terms set out the terms and conditions on which Users agree to use and pay for Hubble On-Demand.
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There are two ways for Users to use Hubble On-Demand:
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Monthly Plans; and
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Pay-As-You-Go Accounts.
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Capitalized terms used in these Terms, and not otherwise defined in context, are defined in section 2 (Definitions) of these Terms.
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By registering as a User of Hubble On-Demand, Users agree to, and accept, these Terms, as amended from time to time.
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Yardi is a California corporation headquartered at 430 S Fairview Ave., Goleta, CA 93117.
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2. Definitions
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In these Terms, except where the context requires otherwise, the following terms have the following meaning:
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"Account Administrator" means a User that is responsible for:
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managing payments for an Organization;
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Booking Workplace Facilities for an Organization (if applicable);
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managing, adding, and removing Users to an Organization; and
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appointing or removing other Account Administrators of an Organization;
through Hubble On-Demand;
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"Affiliate" means in relation to an entity, another entity Controlling, Controlled by, or under common Control with, that entity;
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"Booking" means a User request to book access to Workplace Facilities;
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"Booking Data" means any information relating to a Booking, including:
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the Workplace Facilities to which the Booking relates;
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the date and time on which the User will use the Workplace Facilities;
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the name and email address of the User submitting the Booking;
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the number of persons to which the booking relates;
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the Price; and
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any additional information or requests provided by the User(s) submitting the Booking;
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"Cancellation Notice" means a User notice by email to Yardi at help@hubblehq.com cancelling a Monthly Plan at least 2 business days prior to a Monthly Plan's Renewal Date;
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"Commencement Date" means the date on which the User (and, if applicable, and by extension, an Organization) agrees to these Terms;
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"Confidential Information" means information which is identified as confidential or proprietary by either Party or which, by its nature, reasonably should be regarded as confidential or proprietary;
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"Confirmed Booking" means a Booking confirmed by Yardi to a User in accordance with section 6.3 of these Terms, other than any Bookings cancelled in accordance with section 6.5 of these Terms such that a reimbursement is due pursuant to section 6.6 of these Terms;
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"Control" (and its derivatives, "Controlled" and "Controlling" as applicable in context) means with regard to an entity, the legal, beneficial, or equitable ownership, directly or indirectly, in excess of 50% of the capital stock (or other ownership interest, if not a corporation) of such entity having voting rights, or the equivalent right under contract, to control management decisions;
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"Dashboard" means the Hubble On-Demand online platform to view and manage Bookings;
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"Force Majeure Event" means any event beyond the reasonable control of the Party affected by such event including, without limitation, fire, storm, weather, earthquake, explosion, casualty, strike, war, riot, civil disturbance, act of God, acts or omission of any third party, any state or national law, decree or ordinance, or any executive or judicial order, which event causes a Party to delay or fail to perform under these Terms;
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"Hubble On-Demand Credits" means pre-purchased credits which are redeemable for Bookings payments;
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"Monthly Plan" means a Hubble On-Demand account where Users purchase Hubble On-Demand Credits on a recurring monthly basis in accordance with section 7.1.1;
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"Monthly Plan User" means a User of Hubble On-Demand User with access to a Monthly Plan;
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"Monthly Service Fee" means the amount a User pays Yardi each month, as agreed between the User and Yardi in accordance with section 7.1.2;
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"Office Provider" means a provider of Workplace Facilities;
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"Office Provider Terms and Conditions" means the terms and conditions on which Office Providers make Workplace Facilities available to Users, and with which Users agree to comply by booking the relevant Workplace Facilities;
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"Organization" means a group of Users that have been granted the right by an Account Administrator to use Hubble On-Demand;
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"Parties" means, collectively, a User and Yardi;
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"Party" means a User, or Yardi, as applicable;
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"Pay-As-You-Go Account" a Hubble On-Demand account where Bookings are paid for with a card payment;
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"Pay-As-You-Go Account User" a User with access to a Pay-As-You-Go Account;
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"Price" means the cost of a Confirmed Booking payable by either:
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in the case of Monthly Plan Users, redemption of Hubble On-Demand Credits and confirmed to Users in accordance with section 6.3; or
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in the case of Pay-As-You-Go Account Users, card payment;
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"Renewal Date" means the date a Monthly Plan renews each month;
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"Required Cancellation Notice Period" means: (i) 48 hours; or (ii) such other time period as is notified to a User at the time of Booking;
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"Taxes" means any tax, duty, or tariff applicable to Bookings, Monthly Service Fees, Monthly Plans Hubble On-Demand Credits, Pay-As-You-Go Accounts, or any other fees due from Users to Yardi under these Terms;
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"Term" means the duration of time these Terms remain in effect pursuant to section 3 (Duration);
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"Terms" means these Yardi Hubble On-Demand Terms of Use for Users, as amended from time to time.
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"User" means a person that accesses and uses Hubble On-Demand to search for Workplace Facilities and make Bookings;
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"Virus" means anything or device (including any software, code, file, or program) which may: (i) prevent, impair, or otherwise adversely affect the operation of any computer software, hardware, network, telecommunications service, equipment, or any other service or device; (ii) prevent, impair, or otherwise adversely affect access to, or the operation of, any program or data including, without limitation, the reliability of any program or data (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise); or (iii) adversely affect the user experience including, without limitation, works, trojan horses, viruses, and other similar things, code, or devices;
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"Workplace Facilities" means the workplace facilities, solutions, materials, products, and/or services that Office Providers make available to Users through Hubble On-Demand.
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3. Duration
- These Terms shall commence on the Commencement Date and shall continue in full force and effect until one Party gives the other Party 30 days' prior written notice of termination, or otherwise in accordance with section 15 (Termination).
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4. Accessing Hubble On-Demand
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During the Term, Yardi grants Users a non-exclusive, non-transferable, non-sublicensable license to access and use Hubble On-Demand to submit, manage, and pay for Bookings, and access other features made available on, Hubble On-Demand by Yardi from time to time, in accordance with, and subject to the terms and conditions of, these Terms.
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Users must:
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treat any username and password used to access Hubble On-Demand as Confidential Information;
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not disclose such information to any third party; and
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use reasonable efforts, and take appropriate safeguards, to prevent unauthorized access to Hubble On-Demand.
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Users are responsible for any activities that occur under User's accounts on Hubble On-Demand.
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Users should use 'strong' passwords (using a combination of upper and lower case letters, numbers, and symbols) for any Hubble On-Demand account.
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Users must prevent any unauthorized access to, or use of, Hubble On-Demand, and must promptly notify Yardi in the event of any such unauthorized access or use. If a User has any concerns about User's login details for User's account on Hubble On-Demand, the User must promptly notify Yardi at help@hubblehq.com. Users must immediately notify Yardi if Users become aware that Users' login details are lost, stolen, misused, or otherwise compromised.
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5. Account Administrators
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An Account Administrator in respect of an Organization shall be:
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the User that creates an Organization on Hubble On-Demand; or
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any other User appointed by an Account Administrator with respect to that Organization using the Hubble On-Demand features and functionalities.
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A User shall not be associated with an Organization unless:
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that User created the Organization on Hubble On-Demand; or
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that User has been approved, or added to an Organization, by an Account Administrator with respect to that Organization using the Hubble On-Demand features and functionalities.
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If a User is an Account Administrator, in order to withdraw from an Organization the User must:
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notify Yardi; and
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ensure that there is at least one remaining Account Administrator associated with that Organization after the User ceases to be a part of that Organization.
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6. Making Bookings
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Users may request to use Workplace Facilities by submitting a Booking to Yardi on Hubble On-Demand and Users thereby represent and warrant that Users will only use Workplace Facilities in a business capacity.
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Each Booking shall be deemed to be a separate offer by the User to:
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in the case of Monthly Plan Users, redeem Hubble On-Demand Credits in accordance with the applicable Booking Data; or
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in the case of Pay-As-You-Go Users, make a card payment or permit a hold on a card in accordance with the applicable Booking Data;
which Yardi shall be free to accept or decline in Yardi's sole, exclusive, and absolute discretion.
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Yardi shall notify the User if Yardi accepts a Booking. No Booking shall be binding on Yardi or an Office Provider unless and until Yardi notifies the User, on behalf of the Office Provider, that Yardi, and the Office Provider, have accepted the Booking in accordance with this section 6.3.
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Yardi shall have no obligation to process a Booking unless:
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the Booking is submitted within the relevant process deadline made available to the User at the time of the request; and
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in the case of Monthly Plan Users, there are sufficient available Hubble On-Demand Credits in the account at least equal to the applicable Price(s) and Tax(es); or
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in the case of Pay-As-You-Go Users, there has been a successful card payment to Yardi for the Price(s) and Tax(es).
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A User, an Office Provider, or Yardi may cancel a Confirmed Booking, for any reason, at any time, by giving notice to the other two parties to the Booking through the Dashboard or via email.
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Subject always to section 7.6, refunds shall apply as follows:
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if the User gives notice to Yardi within the Required Cancellation Notice Period before the date and time on which the User is due to use the Workplace Facilities in accordance with the Booking Data, Yardi shall credit any successfully-deducted Hubble On-Demand Credits or refund any successful card payment (as applicable); or
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if an Office Provider:
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gives a cancellation notice at any time pursuant to section 6.5; and
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the notice is not given for:
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cause; or
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a Force Majeure Event;
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Yardi shall credit any successfully-deducted Hubble On-Demand Credits or refund any successful card payment (as applicable).
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Users shall be responsible for Users' use of the Workplace Facilities including, without limitation, for complying with the relevant Office Provider Terms and Conditions applicable to any Workplace Facilities that Users use. Users shall indemnify and hold Yardi, and Yardi's agents, Affiliates, and contractors, harmless from and against any and all losses, damages, claims, liabilities, or expenses (including reasonable attorneys' fees) arising out of any User non-compliance with the Office Provider Terms and Conditions.
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Yardi does not give any representations, warranties, or conditions of any kind, and shall not be responsible to Users with respect to Users' use of the Workplace Facilities including, without limitation, with respect to:
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the quality, availability, suitability, or fitness for a particular purpose of the Workplace Facilities;
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conformance of the Workplace Facilities with any description provided to Users by the Office Provider, Yardi, or otherwise.
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7. Monthly Plans: Purchasing and Redeeming Hubble On-Demand Credits
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Account Administrators shall:
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be responsible for purchasing the minimum number (as notified by Yardi to the Account Administrator from time to time) of Hubble On-Demand Credits for use by Account Administrator's Organization on a monthly basis;
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agree with Yardi, prior to Account Administrator's first purchase of Hubble On-Demand Credits, to the terms of Account Administrator's Monthly Plan, including:
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the number of Hubble On-Demand Credits to be purchased each month;
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the Monthly Service Fees to be paid by the User with respect to any Monthly Plan; and
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the Renewal Date for the Monthly Plan;
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be entitled to, at any time:
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on each Renewal Date, change the Monthly Plan purchased; or
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change the Renewal Date;
by giving Yardi not less than 2 working days' notice prior to the next Renewal Date.
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be entitled to make a written request through email (or such other manner as is notified to the Account Administrator from time to time) to pause their monthly payment once in a 12-month period, and the number of Hubble On-Demand Credits shall be adjusted accordingly.
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Yardi shall charge Users the applicable Monthly Service Fee on each Renewal Date unless Users provide a Cancellation Notice, whereupon the Monthly Service Fee shall expire.
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If Users provide a proper Cancellation Notice, the Users' Hubble On-Demand Credits shall remain available for redemption until the date one month after the Monthly Plan expiry date. Thereafter, unused Hubble On-Demand Credits shall expire, and Users' Monthly Plan shall immediately convert into a Pay- As-You-Go Account.
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Yardi shall not process any request to purchase Hubble On-Demand Credits other than from an Account Administrator.
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Yardi may vary the Monthly Service Fee by giving Users not less than 1 month's notice in writing, provided that no changes to the Monthly Service Fees shall apply to any request to purchase Monthly Plan or Bookings submitted prior to, or during, the 1-month notice period.
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Hubble On-Demand Credits have no monetary value, are non-refundable, and are not redeemable for any amount of money.
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Hubble On-Demand Credits expire on the date that is 6 months from their purchase.
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Users agree that their oldest Hubble On-Demand Credits shall be redeemed first.
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8. Inactive Monthly Plans
- If an Organization's Hubble On-Demand Credits have expired in accordance with section 7.7 such that there are zero Hubble On-Demand Credits remaining, the Organization's account shall immediately cease to be a Monthly Plan and shall instead become a Pay-As-You-Go Account.
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9. Other Payment Terms
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All fees, charges, Bookings, Monthly Service Fees, Monthly Plans, Hubble On-Demand Credits, Pay-As-You-Go Accounts, or any other fees due from Users to Yardi under these Terms are exclusive of applicable Taxes. Users agree to pay to Yardi any and all applicable Taxes to the extent arising out of, or payable in connection with, Hubble On-Demand transactions. Notwithstanding this section 9.1 the Parties agree that where Yardi is not required to collect and remit Taxes then, to the extent Taxes are nevertheless applicable, Users shall be solely responsible for Taxes that arise as a result of Hubble On-Demand transactions.
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Yardi shall, with respect to each Confirmed Booking: (i) deduct the Booking Fee from User's Monthly Plan; or (ii) charge User's Pay-As-You-Go Account, as applicable; and (iii) pay the amount due to the Office Provider with respect to that Confirmed Booking on User's behalf.
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Users must provide their local, state, and/or federal tax identification number, as applicable, to Yardi, along with any additional information as reasonably requested and/or required by Yardi in the Taxes jurisdiction, to identify the respective User.
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10. General User Terms
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Users:
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must comply with all applicable laws and regulations with respect to Users' use of Hubble On-Demand and Users' activities under these Terms;
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must use Hubble On-Demand in accordance with these Terms;
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must notify Yardi in writing if there are any changes to any User contact details;
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are solely responsible for procuring and maintaining Users' network connections and telecommunications links from Users systems in order to use Hubble On-Demand; and
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must not do, or allow other persons to do, any of the following:
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access, store, distribute, or transmit any Virus in connection with Users' use of Hubble On-Demand;
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use Hubble On-Demand to access, store, distribute, or transmit any material that is unlawful, harmful, threatening, defamatory, inflammatory, violent, obscene, infringing, harassing, or racially or ethnically offensive;
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use Hubble On-Demand in a manner that is illegal or causes damage or injury to any person or property;
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use any automated system including, without limitation, 'robots,' 'spiders,' or 'offline readers,' to access or use Hubble On-Demand in a manner that sends more request messages to Yardi than a human can reasonably produce in the same period of time by using a conventional online web browser;
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attempt to interfere with, or compromise the integrity or security of, Hubble On-Demand;
and Yardi reserves the right, without liability or prejudice to Yardi's other rights under these Terms, to disable Users' access to all or any part of Hubble On-Demand, for any breach of any provision of section 10.1.5.
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Yardi may monitor Users' use of Hubble On-Demand to ensure the quality of, and improve, Hubble On-Demand, and verify Users' compliance with these Terms.
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Users acknowledge and agree that Yardi may charge a service fee to, or receive other consideration from, Office Providers in exchange for promoting an Office Provider Workplace Facilities listing on Hubble On-Demand.
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Users grant Yardi the permission and right to cross-market to Users from and among Yardi and Yardi's Affiliates.
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11. Intellectual Property Rights
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Except as expressly set out in these Terms, Yardi does not grant to Users any rights or licenses in or to any part of Hubble On-Demand.
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Users must not:
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attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of Hubble On-Demand in any form or media or by any means;
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attempt to reverse compile, disassemble, reverse engineer, or otherwise reduce to human-perceivable form all or any part of Hubble On-Demand; or
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access all or any part of Hubble On-Demand in order to build a product or service which competes with Hubble On-Demand, or use or attempt to use Hubble On-Demand to compete directly with Yardi.
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Users agree to provide, on Yardi's reasonable request, regular feedback to Yardi in relation to Users' use of Hubble On-Demand. By submitting feedback, Users acknowledge that Yardi may use, allow others to use, and/or publish this feedback on Hubble On-Demand, or otherwise, without any restriction and without payment of any kind to Users.
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As between Users and Yardi, all intellectual property rights in and to Hubble On-Demand, and any content made available through Hubble On-Demand (including any content, text, graphics, software, photographs and other images, videos, sound, trademarks, and logos), are owned by Yardi. Yardi gives Users permission to use these materials and content for the sole purpose of using Hubble On-Demand in accord with these Terms.
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Users' rights to use Hubble On-Demand are personal to each User, and Users are not allowed to give those rights to any other person. Users' rights to use Hubble On-Demand are non-exclusive and do not prevent Yardi from licensing the right to use Hubble On-Demand to other persons.
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Nothing in these Terms gives Users any rights with respect to any Yardi intellectual property except the use right granted by these Terms, and Users acknowledge that Users do not acquire any ownership rights by downloading content from Hubble On-Demand. If Users print, copy, store, or otherwise reproduce pages from Hubble On-Demand (solely as permitted by these Terms), Users must ensure that any copyright, trademark, or other intellectual property right notices contained in the original content are reproduced.
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12. Data Protection; Data Privacy
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Yardi may process User data and Booking Data in connection with developing, testing, improving, and altering the functionality of Hubble On-Demand, and producing anonymized, or anonymized and aggregated, statistical reports and research. Users hereby grant Yardi a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, and fully sub-licensable right and license to use, access, download, use, reproduce, modify, adapt, publish, distribute, display, translate, copy, and make derivative works from User data and Booking data (in whole or in part) for the purpose of providing Hubble On-Demand and as otherwise set out in these Terms. Users waive any moral rights Users may have in, or to be identified as the author of, such User data and Booking Data.
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Users shall maintain a backup of User data and save User data separate from Hubble On-Demand. Yardi shall not be responsible or liable for the deletion, correction, alteration, destruction, damage, loss, disclosure, or failure to separately store any User data.
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Please see Yardi's Privacy Statement posted at https://resources.yardi.com/legal/hubble/privacy-statement/ to understand how Yardi collects, uses, and shares information that relates to Users.
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13. Confidential information
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Each Party may be given, or otherwise receive, access to the other Party's, or its Affiliates,' Confidential Information to exercise its rights, and perform its obligations, under these Terms. A Party's Confidential Information shall not be deemed to include information that:
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is or becomes publicly known other than through any receiving Party act or omission;
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was in the other Party's lawful possession before the disclosure;
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is lawfully disclosed to the receiving Party by a third party without restriction on disclosure;
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is independently developed by the receiving Party, which independent development can be shown by written evidence; or
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is required to be disclosed by law, by any court of competent jurisdiction, or by any regulatory or administrative body.
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Each Party shall hold the other Party's Confidential Information in confidence and, unless required by law, shall not make the other Party's Confidential Information available for use for any purpose other than as needed to exercise its rights and perform its obligations, under these Terms.
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Each Party shall take all reasonable steps to ensure that the other Party's Confidential Information to which it has access is not disclosed or distributed by its employees, Affiliates, or agents in violation of these Terms.
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Each Party shall make and maintain a backup of its own Confidential Information and shall not be responsible to the other Party for any Confidential Information loss, destruction, alteration, or disclosure.
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14. Availability and Support
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Yardi will use commercially reasonable efforts to make Hubble On-Demand available, except for:
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planned maintenance; and
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unscheduled maintenance for which Yardi will use commercially reasonable efforts to give Users advance notice.
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Yardi will use commercially reasonable efforts to provide support and advice on the use of Hubble On-Demand during business hours.
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Users must, in turn, provide all assistance reasonably required by Yardi to perform its obligations under this section 14 (Availability and Support), including providing reasonably-detailed issue descriptions and updates on Hubble On-Demand performance.
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15. Termination
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Without prejudice to any other rights and remedies available to it, either Party may terminate these Terms at any time with immediate effect on giving notice in writing to the other Party, if that other Party:
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is in material or persistent breach of these Terms, and that breach is either incapable of remedy or, if capable of remedy, that other Party fails to remedy the breach within 30 days after receiving written notice requiring it to remedy the breach; or
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is unable to pay its debts in the normal course, becomes insolvent, is subject to an order or a resolution for its liquidation, administration, winding-up or dissolution (otherwise than for the purposes of a solvent amalgamation or reconstruction), has an administrative or other receiver, manager, trustee, liquidator, administrator or similar officer appointed over all or any substantial part of its assets, enters into or proposes any composition or arrangement with its creditors generally, or is subject to any analogous event or proceeding in any applicable jurisdiction.
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On termination of these Terms for any reason:
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all rights and licenses granted under these Terms shall immediately terminate and User's right to access and use, and grant Organizational Users the right to access and use, Hubble On-Demand will terminate;
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each Party shall return to the other Party or (at the other Party's request) destroy, and make no further use of, any Confidential Information (and all copies thereof) belonging to the other Party (provided that each Party may retain documents and materials containing Confidential Information to the extent required by law or any applicable governmental or regulatory authority).
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Yardi will, at its option, provide User with a copy of any Booking Data if User requests User's Booking Data within 14 days after the expiry or termination of these Terms. Yardi may thereafter:
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delete any Booking Data at any time;
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retain Booking Data upon expiry or termination of these Terms: (i) to comply with applicable law; (ii) as Yardi may reasonably deem necessary to prosecute or defend any legal claim (in which case Yardi may retain Booking Data for a reasonable period of time pending resolution of such obligation or issue); and (iii) to exercise the licenses and rights granted by section 12.1 and section 19.7 of these Terms.
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Termination of these Terms for whatever reason shall not affect any rights or remedies of the Parties that have accrued up to the date of termination.
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Any provision of these Terms that expressly or by implication is intended to come into force, or continue in force, on or after expiry or termination of these Terms shall survive and continue in full force and effect.
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If either Party terminates these Terms pursuant to this section 15 (Termination):
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any remaining available Hubble On-Demand Credits shall immediately expire; and
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User shall not be entitled to a refund on any Bookings, whether Confirmed Bookings or otherwise.
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16. Limited Warranty
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Yardi undertakes to make Hubble On-Demand available as set out in section 14.1, and Users' sole and exclusive remedy, and Yardi's sole liability, with respect to any failure by Yardi to make Hubble On-Demand available in accordance with section 14.1 is for Yardi to use commercially reasonable efforts to restore Hubble On-Demand availability in accordance with section 14.1.
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Other than as set out in section 16.1, Hubble On-Demand is provided on an 'AS IS' basis and Yardi provides no, and to the fullest extent permitted by applicable law disclaims all, express or implied representations or warranties with respect to Hubble On-Demand including, without limitation, any warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement.
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all representations, warranties, and conditions of any kind implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms;
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Yardi will not be responsible for any interruptions, delays, failures, or non-availability affecting Hubble On-Demand or the performance of Hubble On-Demand which are caused by third party services, errors, or bugs in third party software, hardware, or the internet on which Yardi relies to provide Hubble On-Demand, or any changes to Hubble On-Demand made by Users or on Users' behalf, and Users acknowledge that Yardi does not control such third party services, and that such errors and bugs are inherent in the use of such software, hardware, and the internet.
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17. Liability and Indemnity
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Nothing in these Terms shall limit or exclude a Party's liability:
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for gross negligence or willful misconduct; or
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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 AND SECTION 17.4, 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.
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TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, AND SUBJECT TO SECTION 17.2, ALL USERS AGREE THAT IN THE EVENT OF ANY CLAIM OR CAUSE OF ACTION BY A USER ARISING OUT OF OR CONNECTED WITH THESE TERMS, YARDI's MAXIMUM LIABILITY TO A USER, REGARDLESS OF THE AMOUNT OF LOSS THE USER MAY HAVE SUFFERED, SHALL BE LIMITED TO, AND NOT EXCEED, THE AMOUNT PAID BY THE RELEVANT USER TO YARDI PURSUANT TO THESE TERMS WITHIN THE YEAR PRIOR TO THE EVENT (OR FIRST OCCURRENCE OF A SERIES OF EVENTS) GIVING RISE TO THE LIABILITY.
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USERS AGREE TO DEFEND, INDEMNIFY AND HOLD YARDI, AND YARDI'S AFFILIATES, AGENTS, AND CONTRACTORS, HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS, LIABILITIES OR EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) RELATED TO OR ARISING OUT OF A CLAIM BROUGHT BY A THIRD PARTY IN RELATION TO USER'S USE OF HUBBLE ON-DEMAND OR ANY WORKPLACE FACILITIES.
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18. Changes to Hubble On-Demand or these Terms
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Users acknowledge that Yardi is always innovating and finding ways to improve Hubble On-Demand with new features and services. Users therefore agree that Hubble On-Demand may change from time to time and no warranty, representation, or other commitment is given in relation to the continuity of any Hubble On-Demand functionality.
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Yardi may amend these Terms upon giving Users at least 30 days' notice in writing. If Users are unhappy with an amendment, Users may terminate these Terms by providing at least 15 days' written notice to Yardi. The proposed amendments shall not take effect during Yardi's notice period.
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19. General
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Applicable laws may require that some of the information or communications that Yardi sends to Users be in writing. When using Hubble On-Demand, Users accept that communication with Yardi will mainly be electronic, including email. For purposes of contracting and these Terms, Users agree to this electronic means of communication, and acknowledge and agree that all contracts, notices, information, documents, and other communications between Yardi and Users electronically comply with any legal requirement that such communications be in writing.
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All notices given by Users to Yardi must be submitted to help@hubblehq.com Yardi may give notice to Users using the contact details provided upon Hubble On-Demand registration (or as may be updated by Users from time to time upon notice to Yardi). Notice will be deemed received and properly served 24 hours after an e-mail is sent, or five business days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped, and placed in the U.S. mail and, in the case of an e-mail that such e-mail was sent to the addressee's specified e-mail address.
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Transfer of Rights and Obligations
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Users may not transfer, assign, subcontract, or charge these Terms, or any of Users' rights or obligations arising under these Terms, without Yardi's prior written consent.
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Yardi may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over, or deal in any other manner with any or all of its rights and obligations under these Terms.
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Neither Party shall be liable to the other Party for any delay or non-performance of any of its obligations under these Terms arising from a Force Majeure Event.
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Other than as expressly stated in these Terms, a person who is not a Party to these Terms may not enforce any of these Terms.
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These Terms constitute the entire agreement between the Parties with respect to their subject matter, and supersede and extinguish all prior agreements, promises, assurances, warranties, representations, and understandings between the Parties, whether written or oral, relating to the subject matter of these Terms. No Party has been induced to enter into these Terms by, nor is any Party relying on, any representation or warranty except those inducements, representations, and warranties expressly set forth in these Terms.
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Yardi may aggregate, compile, and use data, including User data and Booking Data, from Hubble On-Demand to improve, develop or enhance Hubble On-Demand 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, Users or Organizations in such compiled and aggregated form.
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In accordance 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, Users acknowledge and agree that Yardi may conduct random as well as regular monitoring of Users' access to, and use of, Hubble On-Demand as they relate to these Terms in order to validate that Users are accessing and using Hubble On-Demand for legitimate purposes and in accordance 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., Users agree to comply with any standard Yardi 'know-your-client' requirements, processes, and/or procedures.
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Nothing in these Terms is intended, or shall be deemed, to, establish any partnership or joint venture between the Parties, shall constitute agency between one Party and the other Party, or authorize a Party to make or enter into any commitments for or on behalf of the other Party. Each Party confirms it is acting on its own behalf and not for the benefit of any other person.
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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 of these Terms.
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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 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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20. Terms Applicability
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These Terms govern the relationship between Yardi and Users. These Terms do not govern the relationship between Yardi and Office Providers, which shall be the subject of separate Yardi Hubble On-Demand Terms of Use for Office Providers between Yardi and Office Providers posted at: https://hubblehq.com/en-us/terms/on-demand-providers.
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HUBBLE ON-DEMAND IS AN ONLINE PLATFORM THROUGH WHICH OFFICE PROVIDERS MAY PROVIDE WORKPLACE FACILITIES TO USERS, AND USERS MAY SEARCH FOR, RESERVE AND PAY FOR USE OF WORKPLACE FACILITIES. USERS UNDERSTAND AND AGREE THAT YARDI IS NOT A PARTY TO the PROVISION OF WORKPLACE FACILITIES 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 HUBBLE ON-DEMAND OR WITH RESPECT TO ANY WORKPLACE FACILITIES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, 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 HUBBLE ON-DEMAND.
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21. Contacting Yardi
- Please submit any questions about these Terms, or any complaint or concern in relation to Hubble On-Demand, by email to help@hubblehq.com or write to Yardi at: Yardi Systems, Inc., Attn: Hubble On-Demand Support, 430 S Fairview Avenue, Goleta, CA, 93117.