The submission of information to TenSource, access to, and use of the TenSource website (located at www.TenSource.com), and the real estate information services provided thereon (collectively, the "Service") is subject to the following contractually binding terms and conditions (the "Terms and Conditions" or the "Agreement").
If you are viewing, using, or accessing the Service for free, you are a "User." If you are viewing, using or accessing the Service under a paid or Premium Subscription, you are a "Customer." These Terms and Conditions refer to Users and Customers collectively as "You." No employee, independent contractor, agent, or affiliate of any competing real estate information, analytics or listings service is permitted to be a User or a Customer or to view, use, or access the TenSource website without express written permission from TenSource. By viewing, using, or accessing the Service, You represent and warrant that You are not a competitor of TenSource LLC or any of its affiliates (collectively, "TenSource" or the "Company") or acting on behalf of a competitor of TenSource in registering for or accessing the Service.
Membership privileges are granted by TenSource to individuals exclusively and are granted specifically to the subscribing registered member only. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered Member without the express written permission of TenSource. By completing the registration process You become a "Member," and You represent and warrant that the information You provide is true, accurate, complete, and current. Each Member must maintain a valid email address and a password, which shall be utilized for logging on to the TenSource system. Members are not permitted to share their individual login information with others. TenSource has the right to refuse or terminate service to any Member, individual, organization, or firm (and all persons associated or affiliated with said organization or firm) that fails to abide by the Terms and Conditions, the Listing Policies as posted and displayed on the TenSource website, or abuses its rights related to the Service. Upon registration, which is free, User becomes a Basic Member. Users and Basic Members may search using the Service, and will receive a subset of results of the active tenant requirements matching the designated search parameters. In order to view all the available results for a given search, the Basic Member must upgrade to a Premium Membership. A Basic Member may also list on the Service, but those listings will only be able to be fully accessed and viewed in the search results of Premium Subscribers.
TenSource utilizes email as a vital and primary communication channel with Members, who hereby acknowledge and grant TenSource the permission to communicate with them via email (as well as other communication channels such as phone and fax) for any purposes TenSource determines to be relevant including, but not limited to, system messages, product updates, service announcements, and other marketing messages. TenSource will use best efforts to honor Member's request to opt out of marketing messages, but under no circumstances will TenSource have any liability for sending any email to its Members. By becoming a Member, you acknowledge and agree that TenSource LLC, and its corporate affiliates,, may record telephone and other electronic communications it has with you for their internal business purposes, including but not limited to training and quality assurance purposes.
Members may submit to TenSource tenant requirements, property descriptions, photographs, images, videos (which may include sound and/or music), graphics and financial, contact or other information (collectively, the "Submitted Content") for each listing in TenSource. By submitting Submitted Content, Member represents, warrants and agrees that (a) You own or have the full right, power and authority to grant to TenSource use of and rights in and to all Submitted Content that you upload, post, e-mail or otherwise transmit to TenSource; (b) Your license of such content to TenSource hereunder does not, and the use or license of such content by TenSource to third parties will not, infringe any right or interest owned or possessed by any third party; (c) there are no claims, judgments or settlements to be paid by You, or pending claims or litigation, relating to such content; and (d) You will fully indemnify the Company against any and all damages or other losses, and any related attorney's fees, other fees, and/or expenses, incurred by the Company as a result of any breach of the foregoing representations or in connection with Your Submitted Content, including without limitation as a result of any claim brought by a third party in connection with Your Submitted Content, whether or not such claim prevails.
With respect to all Submitted Content You have uploaded in the past or elect to upload in the future, post, e-mail or otherwise transmit to or via the Service, TenSource acknowledges that you retain any applicable ownership rights that You may have with respect to the Submitted Content. You nonetheless grant TenSource and its affiliates and their licensees a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to all such Submitted Content (in whole or part), whether submitted in the past or in the future, and/or to incorporate it in other works in any form, media, or technology now known or later developed. Member further acknowledges and agrees that TenSource may preserve any such Submitted Content, whether submitted in the past or in the future, and may also disclose such Submitted Content in its sole discretion (including without limitation within other products offered by TenSource and its affiliates). Member agrees not to submit any Submitted Content to TenSource unless Member has received all necessary rights and authorizations, including from the photographer or videographer and/or copyright owner of any photographs or videos, to publish and advertise the property listing or tenant requirement on Member's website and TenSource's website. Specifically, Member will not submit a photograph if Member received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph or video on the TenSource website. Members may only submit videos personally created by them or their direct employees. Members may not upload or otherwise submit videos created or produced by third-party video tour providers. Where Member's Submitted Content incorporates content provided by TenSource or its affiliates, such as property photos or other images or information (collectively, "TenSource Materials"), Member is granted a limited, revocable, exclusive and non-sub-licensable license to use such TenSource Materials strictly in connection with Member's TenSource listing. All other rights to TenSource Materials are expressly reserved.
The Company may, in its sole discretion but without any obligation to search for such, remove property listings or tenant requirements that are alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Members who are alleged to have submitted tenant requirements, property listings, Submitted Content or other information in violation of these binding Terms and Conditions. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any Member who repeatedly or knowingly violates these binding Terms and Conditions. Member agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active property listings on the TenSource website. No robot, spider or other automated service may be used to submit listings to the Service. The Company shall have the sole authority to choose the manner in which any property listing or tenant requirement will be searched, displayed, accessed, viewed, downloaded, copied, and otherwise used on the TenSource website and Company shall have the right to modify the property listing or tenant requirement in the exercise of its rights under these binding Terms and Conditions. Member (a) represents and warrants that all properties and associated information, and tenant requirements and associated information, provided by Member, including Submitted Content, will be accurate; (b) agrees not to post a property listing or tenant requirement on the TenSource marketplace under a name other than the individually named licensed real estate agent or agents that have been engaged by the property owner or prospective tenant to market the property or prospective tenant under the terms of a duly executed listing agreement with the owner (shared accounts, e.g. email@example.com are strictly prohibited); (c) agrees to administer the properties and tenant requirements provided by Member and maintain their accuracy at all times.
The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the property listings or tenant requirements posted on the TenSource website. Member is entirely responsible, and Company accepts no responsibility, for the Submitted Content from the Member. While the Company will undertake reasonable efforts for data backup and business resumption, Member will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to TenSource. TenSource may add digital watermarks to certain parts of your Submitted Content, including photographs. We add these digital watermarks to protect against the copying or further distribution of your photographs without your permission. Member agrees that TenSource may adjust portions of the information contained within the Service (e.g., within property listings or tenant requirements). Any such adjustments will have no material impact on the meaning and interpretation of property listings, but will serve as a means of uniquely identifying the property listings or tenant requirements. Member accepts that this is a legitimate and lawful security precaution on the part of TenSource, and accepts further that in the event that any third party has access to property listings that can be identified as having such unique adjustments, this shall constitute a prima facie breach of security and of these Terms and Conditions.
You agree to treat all information obtained from the Service, including TenSource Materials, listings, tenant requirements, member directory, historical transaction information ("Property Comps"), and any information otherwise made available to You in the Service (individually and collectively, the "Content") as proprietary to TenSource. You agree that Content reserved for Members will be maintained as confidential and shall be protected as a trade secret of TenSource. TenSource does not ensure the accuracy of, endorse or recommend any Content and You use such Content at Your own risk. You may view, access, or otherwise use the Content solely to obtain initial information from which further evaluation and investigation may commence.
TenSource Market Trend Reports and other similar information, reports and services (individually and collectively "TenSource Market Reports"), the Service, and any and all Content offered by TenSource to You ARE PROVIDED SOLELY FOR GENERAL INFORMATION, AND DO NOT CONSTITUTE REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED BY TENSOURCE, YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
You shall limit access to, viewing of, and use of active property listings, tenant requirements, member directory, TenSource Market Trend Reports, Property Facts, Tenant Facts, and Property Comps information to personal and internal use, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. You shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to You in the Service, for or in connection with any other listing service or device. You further shall not use the Service in any other manner for or in connection with any other listing service or device. You shall not use the TenSource Service as part of any effort to compete with TenSource, including without limitation using the TenSource Service to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential TenSource customer, nor shall You remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the TenSource Service. You shall not use any robot, spider or other automated process to submit listings, submit tenant requirements, monitor, data mine or copy TenSource products, services or information; decompile, decode or reverse engineer TenSource software; or use TenSource products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory or other illegal purposes.
Members and Customers are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under your account, login or password. TenSource is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, login information or password and/or failure to comply with the terms and conditions set forth in the Membership Privileges, Use of Information or Ownership and License Grant sections of these binding Terms and Conditions that relate to confidentiality of account, login or password information.
Customer agrees to pay for all products ordered through the TenSource website or via the TenSource sales team using the payment method indicated, and provides TenSource express authorization to charge said fees to the Customer's payment provider at time of purchase or renewal. Fees owed depend on the specific type and quantity of TenSource products, services, information, or deliverables (collectively "Deliverables") ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, TenSource may immediately cease to provide any and all Deliverables to the Customer. The fees do not include sales, use, excise or any other taxes or fees now or hereafter imposed by any governmental authority with respect to the Deliverables. At TenSource's option, Customer shall pay such taxes or fees directly or pay to TenSource any such taxes or fees immediately upon invoicing by TenSource. TenSource is required to collect sales tax on purchases in select states. Recurring charges will include sales tax in accordance with applicable laws of your state. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the then-current monthly billing period. Discounts received via a product bundle are subject to removal when product(s) in bundle are canceled. No partial month refunds will be provided.
Monthly subscriptions will automatically renew using the Customer's current credit card account number unless Customer or TenSource cancels the subscription three (3) days prior to the renewal date. Customer cancellations shall be emailed to firstname.lastname@example.org. Except as otherwise provided herein, all other member subscriptions, including quarterly and annual commitment subscriptions, will automatically renew for additional terms equaling the original term unless Customer or TenSource provides thirty (30) days' advance written notice of non-renewal. Quarterly and annual commitment subscriptions may be canceled as of the end of term only; no mid-term cancellations will be permitted. All cancellation and non-renewal requests by Customer will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via the Customer's email account on record with TenSource.
If Customer has a question about a cancellation, Customer should contact TenSource Client Services at email@example.com or at 212-810-7535. The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Customers of any such changes.
It is the Customer's responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made via email at firstname.lastname@example.org or phone at 212-810-7535. TenSource does not validate all credit card information required by the Customer's payment provider to secure payment.
The Customer must notify TenSource about any billing problems or discrepancies within 90 days after charges first appear on their Account statement. If it is not brought to TenSource’s attention within 90 days, Customer agrees to waive their right to dispute such problems or discrepancies.
TenSource offers a paid subscription membership product to the Service. Customers who purchase the paid subscription membership are “Premium Subscribers” or are deemed to have a “Premium Subscription” (collectively “Premium Subscriptions”). A Customer who purchases a Premium Subscription is a “Premium Customer”. Premium Subscription privileges are granted by TenSource to individuals exclusively and extend solely to the subscribing Premium Customer. Premium Subscription rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the subscribing Premium Customer. Moreover, a Premium Customer may not use a Premium Subscription for the benefit of any other broker, appraiser, researcher, analyst, salesperson or similar commercial real estate professional, including without limitation those working for the same company or at the same place of business. For example, a Premium Customer is prohibited from using a Premium Subscription to search for tenant requirements or identify a tenant requirements contact information on behalf of, or for the benefit of, other brokers or commercial real estate professionals working for the same company or at the same office. Premium Subscription privileges are subject to change from time to time and may be subject to property listing, tenant requirement posting, property searching, tenant requirement searching, and member directory searching and/or posting limitations. Customer acknowledges that TenSource (in addition to its other remedies) can cancel, not renew, and/or prohibit Premium Subscription privileges to any individual, organization, or group that does not abide by the terms and conditions set forth herein and/or can refuse any or all membership privileges. TenSource also has the right to refuse service to any Customer or company that has delinquent charges that remain unpaid and to impose additional charges to reactivate Premium Subscription or other membership privileges. Premium Subscriptions continue to renew at the prevailing level regardless of Customer's listing or searching activity on TenSource.com. Premium Subscriptions will automatically renew to the credit card number provided for initial payment unless the Customer cancels their subscription by calling 212-810-7535 or by sending an email to email@example.com prior to the renewal date to cancel such subscription. The Company reserves the right to change its fees, payment frequency, or billing methods at any time. The Company will provide timely notice of any such changes.
TenSource prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). You may not use the Email The Broker, Copy Email Address, Pro Tools, or other email services that TenSource offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. By using Pro Tools, You agree to send email only to those who have given You consent or with whom You have an established business relationship. TenSource has the right to revoke the privileges of any party who breaches these terms.
TenSource reserves the right to terminate or suspend a Customer's account upon a good faith determination of a violation of these binding Terms and Conditions or any material provision of another agreement between the parties or their affiliates. Cause for termination includes, but is not limited to, breaches or violations of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by You, discontinuance or material modification of TenSource services, nonpayment of fees owed by you in connection with TenSource or its affiliates' services, account inactivity or technical or security issues. Upon termination, TenSource shall have no obligation to maintain or forward any content in your account.
TenSource retains all rights (including Intellectual Property Rights as defined below), title and interest in the Service, the TenSource Website, TenSource Materials, Email Alert database,TenSource technology, and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. You will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of TenSource's technology or delete or alter author attributes or copyright notices. You shall use the TenSource system solely for Your own individual use and shall not share passwords with others or allow others to use the TenSource system under or through Your login ID/email and password; nor shall any Member use the TenSource system to list properties, post tenant requirements, or conduct searches on behalf of other non-Member brokerage, research, analyst, sales or other similar personnel. Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
IN NO EVENT SHALL TenSource BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY YOU ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF TENSOURCE'S SERVICES, PRIVATE LISTING FUNCTIONALITY OR MEMBER'S FAILURE TO KEEP LOGIN AND/OR PASSWORD SECURE AND CONFIDENTIAL ARISING OUT OF THESE BINDING TERMS AND CONDITIONS. Your exclusive remedy, and TenSource's entire liability under these Terms and Conditions shall be a refund of the fees paid to TenSource hereunder, and in no event will TenSource's liability for any reason exceed such fee. TenSource (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer's use of the Deliverables, and Customer shall indemnify TenSource (and TenSource's officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys' fees) as a result of a claim by any person other than Customer arising from Customer's use or application of the Deliverables. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.
THE LISTINGS, SERVICE, PROPERTY COMPS INFORMATION, PROPERTY FACTS INFORMATION, PRO TOOLS AND TENSOURCE MARKET TREND REPORTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TENSOURCE MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, TENANT REQUIREMENTS, SERVICE, SALES COMP INFORMATION, PROPERTY FACTS INFORMATION, OR TENSOURCE MARKET TREND REPORTS, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND TENSOURCE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBERANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. TENSOURCE MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO TENSOURCE'S SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM TENSOURCE'S WEBSITE, INCLUDING LISTINGS, TENANT REQUIREMENTS, SERVICE, PROPERTY COMPS INFORMATION, PROPERTY FACTS INFORMATION, PRO TOOLS AND TENSOURCE MARKET TREND REPORTS IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WAIVE ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TENSOURCE OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
The maps and directions information provided by TenSource have been obtained from sources believed reliable, including Google Maps. By using Google Maps, You agree to be bound by the Google Maps Terms of Service. While TenSource does not doubt the accuracy of the maps and/or directions, we have not verified the information and make no guarantees, warranties or representations about the maps and/or directions. It is your responsibility to independently confirm the accuracy and completeness of any map and/or set of directions. You assume all risk of use. Neither TenSource nor its partners or suppliers assume any responsibility for loss, damage or delay caused by Your use of and/or reliance on Your use of TenSource's information, products or services.
You agree that TenSource shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet. TenSource shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. TenSource shall have no obligation to (i) resolve disputes among Users, Members and/or Customers or (ii) monitor or verify the accuracy or proper use of the Listings. TenSource reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on TenSource's corporate website, located at http://www.tensource.com.
If you believe that your work has been copied onto TenSource in a way that constitutes copyright infringement, please provide TenSource the written information specified below:
Address for TenSource:
Attn: General Counsel
77 7th Avenue, #5B
New York, NY 10011
Phone: (917) 623-7507
We may forward any notice(s) of alleged infringement to the person(s) who provided the allegedly infringing content. Please note that this procedure is exclusively for notifying TenSource that your copyrighted material has been infringed
Any Customer who identifies himself or herself as a broker or agent on the TenSource website member registration form or otherwise purports to be a broker on TenSource hereby represents and warrants that Customer is validly licensed as a broker and is in compliance with applicable broker requirements in all jurisdictions in which Customer is required to be licensed. The Company may, in its sole discretion, but without any obligation to verify the licensure of such individual as a broker or agent, remove from the list of brokers any Customer whom the Company believes is not a licensed broker or agent in any applicable jurisdiction. The Company may, in its sole discretion, terminate the accounts of, and refuse services to, any Customer who repeatedly or knowingly misrepresents its licensed broker or agent status or upon notification by any state agency or similar governmental authority that such Customer is not a licensed broker. TenSource does not and shall not have any obligation to independently verify the licensure of individuals identified as brokers and agents on the website. It is your responsibility to confirm the licensed status of any brokers listed on the TenSource website.
These binding Terms and Conditions, and the Deliverables provided by TenSource, shall be governed by the laws of the State of New York, without reference to conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of the State of New York for the adjudication of any disputes or claims arising out of and/or related to these binding Terms and Conditions. If any provision of these binding Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which shall remain in full force and effect.
Should TenSource file or threaten to file a judicial action against Customer alleging violation of TenSource's intellectual property rights or violation of use provisions of this Agreement as they pertain to Premium Subscriptions, Customer may elect to resolve TenSources's claims through binding arbitration to be governed by the Commercial Arbitration Rules of the American Arbitration Association and to be held in the State of New York pursuant to the laws of the State of New York. Such right must be invoked within twenty (20) days of TenSources filing of or threat to file a judicial action. Provided, however, that nothing in this paragraph shall be construed to prohibit or prevent TenSource from requesting any legal or equitable relief or remedy of any kind in an action commenced in state or federal court or in any arbitration proceeding.
This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Customer without the prior written consent of TenSource, which retains the right to withhold consent in its sole discretion.
The failure of TenSource to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, You agree that the remaining terms and provisions remain in full force and effect.
All notices to Company must be in writing and must be sent by registered mail, certified mail, or overnight mail with a return receipt requested to Member Services at TenSource.
Except as provided herein, the terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.
After posting a space need on TenSource, a user can sign up to be a TenSource Concierge Client, herein thereafter referred to as “Client”. TenSource Concierge is a limited brokerage service giving clients and landlords a share of the commission paid to TenSource. In a typical TS Concierge transaction, the client, the landlord/landlord's agent, and TenSource will equally split the commission paid to TenSource
Client understands that other clients of TenSource may consider, make offers on, purchase or lease through TenSource the same or similar properties as Client is seeking to acquire. Client consents to TenSource's representation of other Buyer and Tenant clients and the right of TenSource to show such same or similar properties to said clients.
In the event the TenSource hires an attorney to enforce the collection of any brokerage commission due hereunder and is successful in collecting all or any portion thereof with or without commencing a legal action or proceeding, Client agrees to deduct un-compensated attorney's fees from the commission payment. The remainder of the commission payment will then be split equally.
The Client acknowledges that the TenSource is not qualified to and will not provide Client with advice on legal matters, tax matters (including, but not limited to, non-recognition of gain or loss from exchanges pursuant to 26 USC section 1031), building inspection, public health, surveying, environmental, or other technical matters. Upon request TenSource will assist Client in engaging qualified professionals to consult in such fields. The Client also acknowledges that the TenSource has advised and recommended that the Client seek independent legal, tax and other counsel prior to entering into this agreement or into an agreement for the sale, exchange or lease of property.