Terms of Service

Effective

These UNION Terms of Service (this "Terms of Service" or "Agreement") govern the use of the mobile and internet-based platform provided by Lift Lytics LLC DBA UNION, a Delaware limited liability company, at and through the website https://gounion.com ("UNION", the "Platform", "we" or "us"). These Terms of Service include and incorporate our Privacy Policy.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN UNION AND YOU, WHICH GOVERNS YOUR USE OF THE PLATFORM. YOUR USE OF THE PLATFORM CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF SERVICE AND YOUR REPRESENTATION THAT YOU ARE AN INDIVIDUAL WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW.

The Platform

UNION provides an online marketplace that facilitates rental property leasing via Background Screening, Income Verification, E-signature/ E-document delivery, and payment of rental application form fees (together the "Services") for landlords and property managers ("Owner") seeking to lease their property ("Property") to rental applicants ("Applicant"). Owner and Applicant are both users of the Platform and are referred to collectively as "Users" or "you").

UNION is not a party to any rental transaction. The Platform does not own or manage the properties listed on the Platform and does not enter into rental contracts for those properties. UNION makes no representations or warranties whatsoever with respect to Property provided by Owner or requested by Applicant through use of the Platform. AS A RESULT, THE PLATFORM SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR INFORMATION, THE CONTENTS OF ANY DOCUMENTS, OR FOR ANY OTHER INTERACTIONS BY, BETWEEN OR AMONG USERS, PROPERTY MANAGERS OR OWNERS THROUGH THE PLATFORM.

UNION does not screen Users, inquire into the background of Users, or attempt to verify information provided by any User. UNION does not verify or confirm that any User is who they claim to be, or is accurately representing themselves, and does not verify or confirm any representations with respect to the Property provided on the Platform. UNION does not assume any responsibility for the accuracy or reliability of this information or any information provided on or through the Platform.

You are responsible for how you use the Platform. Any decision by Applicant or by Owner is a decision made in such entity's sole discretion. IN THE EVENT THAT YOU HAVE A DISPUTE WITH AN OWNER, YOU RELEASE THE PLATFORM FROM ANY CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

Background Screening. As part of the Services, Applicants may be permitted to submit information through the Platform for the purpose of conducting an Applicant’s background check or screening on behalf of the Owner (a “Screening”) for Owner’s use in connection with assessment of Applicant’s eligibility to rent the Property. Information that you submit through the Platform for the purpose of such Screening shall be treated in accordance with the Privacy Policy. Your submission of the information requested for a Screening shall constitute your consent to the Screening process. You acknowledge that you will address any issues or concerns with any Screenings, by contacting the appropriate Owner, or as otherwise required by law. The Platform shall not become involved in Screening related issues.

Income Verification. In order to enable UNION to provide its Services, Applicant will need to submit to UNION various sensitive personal financial information. UNION uses third-party services to process Applicant’s bank credentials, and Applicant’s bank credentials never reside in UNION. Once Applicant’s bank account is connected to the Platform via a third-party service, then UNION will collect bank statement Information, and calculate and produce an income and accounts summary for Owner. Owner may then make decisions based in part on such summaries. Applicant hereby authorizes UNION to retrieve Applicant’s bank statements from his or her financial institution and then provide verification Services to Owner for Owner’s use in connection with assessment of Applicant’s eligibility to rent the Property. Applicant and Owner agree and acknowledge that any limitations on Owner’s use of such financial records and summaries is solely between Applicant and Owner.

E-signature & E-document Delivery. Any rental agreement that you enter into through the Platform are for Properties provided by an Owner or another party other than the Platform. Although the Platform provides Services through which Users may execute rental or lease agreements and enter into binding contracts, the Platform is not involved in, is not liable for, and is not a party to those transactions. The terms of those transactions are determined solely by you and the third-party with whom you are entering into said contract, and not by the Platform. You acknowledge that you will address any issues or concerns with such agreements with said third-parties directly, rather than the Platform. If you choose to use the electronic signature execution functionality of the Platform, then you understand, acknowledge and agree that you have carefully reviewed and agree to the Signing Application Terms

Sharing between Applicant and Owner

Any information Applicant shares with any Owner is at Applicant’s sole risk. UNION does not control how any Owner utilizes information they receive from Applicant or from UNION. By submitting information and materials and in order for the Platform to provide the Services, you hereby consent to the Platform’s use and sharing of your information and materials as described in our Privacy Policy. In the event of a conflict between the applicable Privacy Policy and these Terms of Service, the Privacy Policy shall take precedence.

Payments

Applicant Application Fees. In order to potentially qualify to rent a Property, Applicant must first create an account and complete a rental application form. In order to submit the application form, the Applicant shall be required to pay an application fee and a security deposit. The application fee and the security deposit are set by the Owner, and not by the Platform. You acknowledge that refund of the security deposit is subject to the type of security deposit that you select from the Platform, your compliance with the terms of the type of deposit that you select, and compliance with Owner’s rental requirements.

Owner Services Fees. In order to use the Service, Owner shall first pay UNION a fee based on UNION’s current Owner Service fees, and Owner agrees to comply with such fee’s applicable terms and conditions.

Billing Methods. UNION will immediately charge the applicable fee amount to your ACH, credit card, debit card, or any other payment method chosen by you. Should the Applicant’s payment method be rejected or payment canceled for any reason whatsoever, the Property offer from the Owner shall not be reserved and will automatically expire. You agree that any amounts charged under this Agreement are mandatory and due and payable immediately.

Secure Transmission. While UNION takes what we believe to be reasonable efforts to ensure secure transmission of your information to the payment processors, UNION is not responsible for any fees or charges assessed by the payment processors or any errors in the processing of payments by third parties, or your submission of erroneous payment information. Representations. By providing any payment information through the Platform, you represent, warrant, and covenant that: (1) you are legally authorized to provide such information to us; (2) you are legally authorized to perform payments from the debit or credit card account(s); and (3) such action does not violate the terms and conditions applicable to your use of such payment method account(s) or applicable law.

Taxes. Users are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason for your use of the Platform.

UNION Accounts

In order to potentially qualify to rent a Property, Applicant must first create an create an account on the Platform (an "Account"), Users are granted a limited, personal, non-transferable, non-sub licensable, non-exclusive, and revocable right to use the Platform subject to the restrictions set forth in these Terms of Service. In registering for an Account, you agree to provide true, accurate, current and complete information about yourself and the Property ("Registration Data"). You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Registration Data via the Platform. We reserve the right to suspend or terminate the Account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.

You agree to maintain your Account solely for your own use. You agree that you will not allow another person to use your Account to access or use the Platform under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your Account credentials and for any charges, damages, liabilities or losses incurred as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your Account credentials, your disclosure of your Account credentials, or your authorization to allow another person to access or use the Platform using your Account credentials. Furthermore, you are solely and entirely responsible for any and all activities that occur under your Account, including any charges incurred relating to the Platform. You acknowledge that the complete privacy of your data and messages transmitted while using the Platform cannot be guaranteed.

UNION is not liable for any losses relating to fraudulent charges, or other actions by any User that are deceptive, fraudulent or otherwise invalid ("Fraudulent Actions"). By using the Platform, you hereby release UNION from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify UNION of any Fraudulent Actions, which may affect the Platform. UNION reserves the right, in its sole discretion, to terminate the Account of any User that engages in, or enables any other User to engage in, Fraudulent Actions.

We reserve the right but are not under obligation to verify your Account. You agree to supply to us the requested information to keep your Account active. We reserve the right to temporarily suspend your Account during the verification process and terminate the Account if the verification fails.

If an Applicant to the Account is under 18 years of age, then you as the adult Applicant hereby represent and warrant that you are the parent or legal guardian of such child. You have the authority to enter into these Terms of Service on behalf of your child. You have read, understand and agree that your child will comply with these Terms of Service. You understand that you are responsible to monitor your child’s compliance. And you understand and agree that if there is any violation of these Terms of Service by your child, then you will be fully responsible.

Termination of Account

UNION reserves the right, in its sole discretion, to suspend or terminate your Account if you violate these Terms of Service or for any reason or no reason at any time. If your Account is terminated or suspended for any reason or no reason, you agree: (i) to continue to be bound by this Agreement, (ii) to immediately stop using the Platform, (iii) that the license provided under this Agreement shall end immediately, (iv) that we reserve the right (but have no obligation) to delete all of your information and Account data stored on our servers, and (v) that UNION shall not be liable to you or any third party for termination or suspension of access to the Platform or for deletion of your information or Account data.

Changes to the Platform

We may change, modify, suspend, or discontinue all or any part of the Platform at any time, with or without reason. You acknowledge that the operation of the Platform may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and UNION shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Platform. UNION has no obligation to maintain or update the Platform or to continue producing or releasing new versions of the Platform.

Your Use of the Platform

You agree not to violate any law, statute, ordinance or regulation, rent, lease, lend, sell, redistribute, license or sublicense any materials from the Platform.

You must not collect or attempt to collect personal data, or any other kind of information about other Users, including without limitation, through spidering or any form of scraping.

You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by UNION; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of UNION’ servers, system or network or attempt to breach UNION’ data security or authentication procedures; attempt to interfere with the Platform by any means including, without limitation, hacking servers or systems, submitting a virus, overloading, mail-bombing or crashing.

In addition, you hereby represent and warrant that your information and materials: (a) do not and will not, directly or indirectly, violate, infringe or breach any duty toward or rights of any person or entity, including without limitation any Fair Housing, copyright, trademark, service mark, trade secret, other intellectual property, publicity or privacy right; (b) are not fraudulent, misleading, hateful, tortious, defamatory, slanderous, libelous, abusive, violent, threatening, profane, vulgar or obscene; (c) do not harass others, promote bigotry, racism, discrimination based on race, sex, religion, nationality, sexual orientation or age, or otherwise interfere with another party’s use of the Platform or the Services; and (d) do not promote illegal or harmful activities.

Without limitation to any other rights or remedies of UNION under these Terms of Service, UNION reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.

Proprietary Rights

The Platform contains content and technology of UNION that is protected by copyright, trademark, patent, trade secret and other laws. UNION owns intellectual property rights to any protectable part of the Platform, including but not limited to the design, artwork, logos, functionality, and documentation (collectively, the “Property”). You may not copy, modify, or reverse engineer any part of the Platform or the Property.

Disclaimers

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNION AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

UNION MAKES NO WARRANTY THAT (I) THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE PLATFORM WILL BE CORRECTED, OR (IV) THAT THE PLATFORM OR ANY SERVER THROUGH WHICH YOU ACCESS THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNION MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, SUITABILITY, RELIABILITY, TIMING, DURABILITY, LEGALITY, OR ANY OTHER ASPECT OF PROPERTY OFFERED OR PROVIDED BY OWNER OR REQUESTED BY APPLICANT THROUGH USE OF THE PLATFORM.

Limitation of Liability and Release

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL UNION OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BODILY INJURY OR EMOTIONAL DISTRESS AND DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF UNION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE PLATFORM; (II) PROPERTY FACILITATED VIA THE PLATFORM OR ANY INTERACTIONS BETWEEN USERS, INCLUDING, WITHOUT LIMITATION, ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER, OR ANY DISPUTE WITH ANY USER; OR (III) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PLATFORM OR YOUR DATA OR TRANSMISSIONS.

Indemnification

You agree to defend, indemnify and hold harmless UNION and its affiliates, officers, directors, employees, agents, partners and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney's fees) arising from or relating to: (i) your use of and access to the Platform; (ii) Property facilitated through the Platform or any interaction between you and another User; (iii) your violation of any term of these Terms of Service; (iv) your violation of any rights of a third party, including without limitation any copyright, intellectual property, trade secret or privacy right; or (v) any third-party claims or damages relating to death, personal injury or emotional distress arising from or related to use of the Platform or Property. The defense and indemnification obligations will survive the termination of this Agreement and your use of the Platform.

Miscellaneous; Changes

UNION reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of these Terms of Service and all referenced contracts or policies. UNION will endeavor to notify you of any material changes by email, but will not be liable for any failure to do so. If any future changes to these Terms of Service are unacceptable to you or cause you to no longer be in compliance with these Terms of Service, you must terminate and immediately stop using the Platform. Your continued use of the Platform following any revision to these Terms of Service constitutes your complete and irrevocable acceptance of any and all such changes.

UNION may assign these Terms of Service or any other agreement with you in whole or part at any time without your approval.

These Terms of Service and the relationship between you and UNION shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled exclusively by courts located in Austin, Texas.

Any failure of UNION to enforce or exercise a right provided in these Terms of Service is not a waiver of that right. Should any provision of these Terms of Service be found invalid or unenforceable, the remaining terms shall still apply.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms of Service or use of the Platform must be filed within 1 year after such claim or cause of action arose or be forever barred.

These Terms of Service constitute the entire agreement between you and UNION concerning the subject matter herein and the use of the Platform and supersede any and all previous agreements, written or oral, between you and UNION, including previous versions of these Terms of Service.