Tenavox Terms of Service - Summer 2017
The Terms of Service (“Terms”) are an agreement between the users (“User”, “Users”, “You”) of Tenavox.com (“Tenavox”, “We”, “Us” all refer to the assets, services provided by and company itself of Tenavox). The Terms govern your use and access to Tenavox. If you are using Tenavox on behalf of a company or legal entity of any type, then “user”, “users” or “you” also means the company or legal entity that you are representing or are using Tenavox for, even if we have a separate agreement with you personally. By accessing and/or using Tenavox, you are acknowledging and agreeing to comply with the Terms. You may not use Tenavox if you do not agree to the current Terms posted on Tenavox at the time you access Tenavox. The Terms are effective immediately for anyone who uses the site.
Kindly contact us with any questions regarding these Terms.
Who Can Use Tenavox
To use Tenavox, you must be:
- Eighteen (18) years or over;
- If you are utilizing a tenant account, you are an authorized decision maker (an employee, agent or legally authorized representative) for a small business or actual commercial real estate tenant that either currently has a lease or is looking to lease a space;
- If you are utilizing a landlord account, building representative account or tenant representative account, you are an authorized decision maker (an employee, agent or legally authorized representative) for the landlord, building representative or tenant representative.
An authorized decision maker is a representative of a particular building(s), tenant, brokerage, ownership entity, management organization or any other associated party and has the authority to use Tenavox in compliance with these Terms of Service. Tenavox may require, in its sole discretion, supporting documentation (such as listing agreements, ownership documentation, management agreements and any other documents necessary to provide a user’s authority on demand) from you to ascertain your status as an authorized decision maker and reserves the right to suspend, ban or remove any users account and associated activity/history for any reason at its sole discretion.
You may not use Tenavox if we have terminated your account.
You are solely responsible for your account and any use of it. To create a Tenavox account, you must provide a valid email address and set up a password. The email you provide must be one where we can communicate with you. If we cannot reach you via that email address, your submitted content may be rejected and your account suspended/disabled/terminated.
Please keep your password confidential. It is your responsibility to maintain that confidentiality. You must notify us immediately if you suspect any unauthorized use of your account or access to your password. Passwords are subject to cancellation or suspension by Tenavox in its sole discretion at any time.
Your Use Of Tenavox
Content from other users, advertisers, and other third parties (“Content”) is made available to you through Tenaovox. Content includes any work of authorship or information, including leasing data, building reviews, landlord reviews, building or space photos, landlord responses, lease advertisements, user profile information, advertisements, comments, opinions, postings, messages, text, files, images, photos, works of authorship, e-mail, data or other materials You find on Tenavox. Tenavox does not control that content. You understand and agree that Tenavox:
- Is not responsible for, and does not endorse, any such Content, including advertising and information about third-party products and services, lease ads, or a landlord’s advertisements, lease information or any related information provided anonymously by other users;
- Makes no guarantees about the accuracy, currency, suitability, reliability or quality of the information in such Content; and
- Assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by users, advertisers, and third parties.
Tenavox cannot be held liable for claims arising from the Content provided by third parties on Tenavox. Tenavox relies upon laws in jurisdictions that limit our liability including Section 203 of the United States Communications Decency Act.
Landlords, building representatives or landlord representatives may not offer incentives in exchange for building reviews. Tenavox will remove reviews where we have evidence that users were compensated to leave reviews. You may not coerce tenants to leave reviews.
Termination of Your Use of Tenavox
While you use Tenavox and, for registered users, as long as your account remains open, the Terms will remain in full effect.
You may delete your account at any time. We may suspend or terminate your account or your access to parts of Tenavox, without notice to you, if we believe that you have violated these Terms. All provisions of these Terms shall survive termination or expiration of these Terms except those granting access to or use of Tenavox. We will have no liability whatsoever to you for any termination of your account or related deletion of your information.
Rules of Use
You represent and warrant that you will use Tenavox solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations, including contractual obligations, you may have towards us and any third parties.
You are solely responsible for any and all Content that is posted through your Tenavox account. When you submit your content on Tenavox, you acknowledge and agree that you have reviewed and understood our Guidelines. You understand that you may expose yourself to liability if your content or other use of Tenavox violates applicable law or any third-party rights.
You agree that you will not: 1) violate these Terms, the terms of any other of your agreements with us, explicit restrictions set forth in our Guidelines, or any applicable law, rule or regulation; 2) impersonate another person or legal entity, or his/her/its email address, or misrepresent your current or former affiliation with a tenant, landlord, building representative or tenant representative; 3) create user accounts under false or fraudulent pretenses; create or use an account for anyone other than yourself or legal entity for which you are authorized, or create multiple active user accounts to post multiple reviews for the same building; 4)post Content that you do not own or have the right to post in accordance with the license set forth in these Terms; 5) post anything pornographic or sexually explicit in nature, or engage in the exploitation of persons in a sexual or violent manner; 6) unless expressly approved by us, use Tenavox for commercial activities and/or promotions of any kinds including any form of solicitation; 7) post Content that is defamatory, libelous, or fraudulent; that you know to be false or misleading; or that does not reflect your honest opinion and experience; 8) act in a manner that is threatening, racist or bigoted, or is otherwise objectionable (as determined by Tenavox); 9) promote, endorse or further illegal activities; 10) disclose information in violation of any legally enforceable confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers; 11) violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third-party; 12) imply a Tenavox endorsement or partnership of any kind without our express written permission; 13) send messages in violation of any other applicable anti-spam law; 14) introduce software or automated agents to Tenavox, or access Tenavox so as to produce multiple accounts, generate automated messages, or to scrape, strip or mine data from Tenavox without our express written permission; 15) “frame” or “mirror” or otherwise incorporate part of Tenavox into any website, or “deep-link” to any portion of Tenavox without our express written permission; 16) copy, modify or create derivative works of Tenavox (including Content) without our express written permission; 17) copy or use the information, content, or data on Tenavox in connection with a competitive service (as determined by Tenavox); 18) sell, resell, rent, lease, loan, trade or otherwise monetize access to Tenavox or any Content without our express written permission; 19) interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of Tenavox; 20) interfere with, disrupt, or create an undue burden on Tenavox or the networks or services connected to Tenavox; 21) introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to Tenavox; 22) attempt to circumvent any security feature of Tenavox; or 23) expose us or our users to any harm or liability.
Links to Third-Party Websites
Tenavox may contain links to third-party websites placed by Tenavox as a service to those interested in this information, or posted by other users. Your use of all such links to third-party websites is at your own risk. We do not monitor or have any control over, and make no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website. When you leave Tenavox, our terms and policies do not govern your use of third-party websites.
Connecting with Building Owners/Representatives on Tenavox
Tenavox allows you to provide a review of your current building or other buildings within which you had a lease. It also allows you to see reviews for other buildings and potential commercial real estate space. Tenavox may connect you to landlords, building representatives or tenant representatives. We provide this service by working directly with those individuals or by searching the Internet for the best contact information we can find for them. When you ask to be connected to those individuals, we send your application to the most appropriate contact information we have on file for that user.
While we endeavor to make this service the best it can be, third-party user websites are not controlled by Tenavox, and we cannot guarantee that your application will be properly received and logged by the third-party website upon transmission. If you have any reason to think your application was not received by a third-party user, we suggest you contact them directly to confirm.
Provisions Applicable To Building Owners/Representatives
Claiming a building on Tenavox:
- You may not claim a building for which you are not an authorized decision maker.
- You must comply with the applicable laws or regulations of the state and country where the building is located, including laws relating to disability requirements, data privacy, data access and use and intellectual property;
- Contains false information or solicits matching with tenants by intentional misrepresentation, such as, misrepresentation of the terms of lease, the leasing entity, or the identity of the poster;
- Contains any logo or brands, or links to website, other than your own or those of any entity for which you are authorized to submit information on the building;
- Contains multiple building openings in a building ad (unless you've purchased a service that permits this);
- Discriminates against tenants on the basis of gender, race, religion, sexual orientation, age, disability, or any other ground(s) prohibited by applicable law, in each case as determined in Tenavox's reasonable discretion.
Special Provisions Applicable to Advertisers
This provision applies to all advertisers, including building owners or building representatives who purchase matching services or display ads. Unless we agree otherwise, you may not use or otherwise process data collected or derived from ads (“Ad Data”) for any purpose (including retargeting, building or augmenting user profiles, allowing piggybacking or redirecting with tags, or combining with data across multiple advertisers' campaigns) other than to assess the performance and effectiveness of your campaigns on an aggregate and anonymous basis. You may not, and you may not permit a third-party to, transfer or sell any Ad Data to, or use Ad Data in connection with, any ad network, ad exchange, data broker, or other party not acting on behalf of you and your campaigns. You may use information provided directly to you from users if you provide clear notice to and obtain consent from those users and comply with all applicable laws and industry guidelines, including those applicable to data protection.
Tenavox’s review of Content
- Removal. Tenavox reserves the right to review and modify or delete any Content that we believe, in our sole discretion, violates these Terms or other applicable policies posted on Tenavox, in our sole discretion, inappropriate. Tenavox has no obligation to do so however. If you view Content on Tenavox that you believe violates our policies, you may report that Content by clicking on an applicable link adjacent to that Content by contacting us at email (e.g. link titled: "Flag Review"). Once notified, we may review the Content and consider whether to remove or modify it. Again, Tenavox has the sole discretion to modify or remove Content if we believe it violates our interpretation of our policies. If we choose not to remove or edit Content that you find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with you.
- Copyright Policy. Please see our Copyright Complaint Policy for information about copyright and trademark disputes.
- Other Enforcement Actions. While we have no obligation to do so, we reserve the right to investigate and take appropriate action in our sole discretion against you if you violate these Terms, including without limitation: removing Content from Tenavox (or modifying it); suspending your rights to use Tenavox; terminating your membership and account; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.
- Defending Our Users. While we have no obligation to do so, we reserve the right, to the fullest extent permitted by applicable law, to take appropriate action to protect the anonymity of our users against the enforcement of subpoenas or other information requests that seek a user's electronic address or identifying information.
Rights to Your Content
We do not claim ownership in any Content that you submit to Tenavox. In order to legally provide Tenavox, we have to have certain rights to use such Content with respect to Tenavox, as set forth below:
By submitting any Content to Tenavox, you grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, perform, display, create derivative works of, adapt and distribute such Content in any and all media (now known or later developed) throughout the world. To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to Tenavox's exercise of the foregoing license. No compensation will be paid with respect to the Content that you post through Tenavox. You should only submit Content to Tenavox that you are comfortable sharing with others under the terms and conditions of these Terms.
Rights to Tenavox Content
Tenavox contains Content provided by us and our licensors. We and our licensors (including other users) own and retain all proprietary (including all intellectual property) rights in the Content we each provide and Tenavox owns and retains all property rights in Tenavox. If you are a user, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print Content from Tenavox solely for your personal use in connection with using Tenavox. Except as provided in the foregoing, you agree not to:
- reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt or create derivative works based on Tenavox or the Content (excluding Your Content); or
- rent, lease, loan, or sell access to Tenavox.
Tenavox is a trademark of Tenavox Corp. The trademarks, logos and service marks (“Marks”) displayed on Tenavox are our property or the property of third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Mark.
You agree to defend, indemnify, and hold Tenavox and our officers, directors, board members, board advisors, employees, partners, agents, successors and assigns harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or otherwise arising from your use of Tenavox, including due to or arising from your breach of any provision of these Terms.
Disclaimers and Limitation on Liability
The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited.
You are solely responsible for your interactions with advertisers and other users and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any advertiser or user of Tenavox. We are not responsible for any incorrect, inaccurate, or unlawful Content (including any information in profiles) posted on Tenavox, whether caused by users or by any of the equipment or programming associated with or utilized in Tenavox. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with advertisers or other users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on Tenavox or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with Tenavox. Under no circumstances shall we be responsible for any loss or damage resulting from use of Tenavox or from any Content posted on Tenavox or transmitted to users, or any interactions between users of Tenavox, whether online or offline.
Tenavox is provided "as-is" and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that:
- Tenavox will meet your requirements;
- Tenavox will be available on an uninterrupted, timely, secure, or error-free basis; or
- the results that may be obtained from the use of Tenavox will be accurate or reliable.
You hereby release Tenavox from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from:
- any interactions with other users of Tenavox;
- your participation in any of our offline events.
IN NO EVENT SHALL TENAVOX BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF TENAVOX, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT TENAVOX’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF TENAVOX (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).
Changes to Terms
We may revise these Terms from time by posting an updated version on Tenavox and you agree that the revised Terms will be effective thirty (30) days after the change is posted. Your continued use of Tenavox is subject to the most current effective version of these Terms.
You agree to waive your right to file a pre-suit discovery proceeding seeking a user's identifying information from Tenavox. If you intend to propound discovery seeking a user's identifying information, you agree to do so pursuant to a valid Texas subpoena, properly issued in connection with an active lawsuit and properly served on our registered agent in Texas. You further agree that discovery proceedings arising from such subpoenas shall be brought and resolved exclusively in the state courts located within Harris, County, or the federal courts venued in Houston, Texas as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for such discovery proceedings.
Please note: These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND TENAVOX ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND TENAVOX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
This Agreement and any and all claims, disputes, or other legal proceedings by or between you or us, including but not limited to any such claims or disputes that are in any way related to or arising under this Agreement or your access to or use of Tenavox, shall be governed by the laws of the State of Texas without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction. For any claim, dispute, or other legal proceeding not subject to the “Agreement to Arbitrate” provision below, the claim or dispute shall be brought and litigated exclusively in the state courts located within Harris County, Texas or the federal courts venued in Houston, Texas, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes.
Agreement to Arbitrate. If you reside in the United States, subject to the Exceptions to Arbitration set forth below, you and Tenavox each agree that any and all disputes between consumer users of Tenavox and Tenavox arising under or related in any way to this Agreement and such users’ use of Tenavox must be resolved through binding arbitration as described in this section. With the exception of the prohibition on class arbitrations set forth in this “Dispute Resolution” section, if an arbitrator or court decides that any part of this agreement to arbitrate is unenforceable, the other parts of this Agreement to Arbitrate will still apply.
Exceptions to Arbitration. This Agreement to Arbitrate will not apply to the following: (a) small claims court cases that qualify; (b) legal proceedings that involve efforts to obtain user-identifying information; (c) any legal proceedings brought against any of Tenavox by companies or other legal entities; and (d) a party’s right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. If, for some reason, the prohibition on class arbitrations set forth in this Dispute Resolution section cannot be enforced, then the entirety of this Agreement to Arbitrate will not apply. Where this Agreement to Arbitrate does not apply, the remainder of this Agreement and the Dispute Resolution section will continue to apply.
Informal Dispute Resolution. If either of us intends to seek arbitration under the agreement, the party seeking arbitration must first notify the other party of the dispute in writing at least 30 days in advance of initiating arbitration. Notice to Tenavox should be sent to the Litigation Department, Tenavox Corp, 13359 North Highway 183, Suite 406-677, Austin, TX 78750. If you have an account on Tenavox, notice to you will be sent to the email address associated with your account. The notice of dispute ("Notice") must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If Tenavox and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Tenavox may commence formal proceeding.
The arbitration will be governed by the Consumer Arbitration Rules of the American Arbitration Association ("AAA"), if applicable, as modified by this section. The AAA's rules and a form for initiating the proceeding are available at www.adr.org. Any settlement offer made by you or Tenavox shall not be disclosed to the arbitrator. Unless otherwise required by the applicable arbitration rules, the arbitration shall be held in Houston, Texas. For any claim where the total amount of the award sought is $10,000 or less, you and Tenavox may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Tenavox subject to the arbitrator’s discretion to require an in-person hearing. In cases where an in-person hearing is held, you or Tenavox may attend by telephone, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Tenavox user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Opt-Out Procedure. IF YOU ARE A TENAVOX USER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE THESE TERMS FIRST BECOME APPLICABLE TO YOU. YOU MUST MAIL THE OPT-OUT NOTICE TO TENAVOX INC, ATTN: LITIGATION DEPARTMENT, 13359 North Highway 183, Suite 406-677, Austin, TX 78750.
To Opt-Out of Arbitration, you must send an Opt-Out Notice providing your name, address (including street address, city, state and zip code), and the email address(es) associated with the Tenavox account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of this Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Agreement and its Dispute Resolution section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
Changes to the Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any changes to this “Arbitration” section (other than an change to any referenced notice address or site link) in the future, that change will not apply to any claim that was filed in a legal proceeding prior to the effective date of the change. The change will apply to all other disputes or claims governed by this Arbitration section that have arisen or may arise between you and Tenavox. We will notify you of changes to this Arbitration section by posting the changes on Tenavox at least 30 days before the effective date of the changes and by email. If you do not agree to these changed terms, you may close your account within the 30 day period and you will not be bound by the changes.
Except as specifically stated in another agreement we have with you, these Terms constitute the entire agreement between you and us regarding the use of Tenavox and these Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms. You represent and warrant that no person has made any promise, representation, or warranty, whether express or implied, not contained herein to induce you to enter into this agreement. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. To the extent allowed by law, the English version of this Agreement is binding and the translations are provided for convenience only. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Tenavox's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The section titles in the Terms are for convenience only and have no legal or contractual effect; as used in the Terms, the word “including” means "including but not limited to."