The Marketplace allows you, as a tenant, licensee, occupier, franchisee,
vendor, and/or lessee, to search for leasable properties (the “Properties”) listed on the Marketplace by
property owners, licensors, owners, franchisors, asset managers, landlords, lessors, and vendors (“Landlords”)
to lease such Properties. You agree to provide Guesst with any information requested by Guesst that is
necessary (a) to the operation of the Marketplace and (b) for Guesst to assign you to a Marketplace
Coordinator and for such Marketplace Coordinators to provide you with appropriate Properties (the “Services”),
including without limitation providing information about Merchant’s business, space needs, and financials.
If you and Landlord enter into an agreement by which you lease space from Landlord at a Property (a “Trial Agreement”), such Trial Agreement shall have a term of three (3) months and any rent paid thereunder shall be calculated as a percentage of your profits at the Property (“Percentage Rent”). Following the expiration of the term of the Trial Agreement, any lease, rental agreement, license agreement, franchise agreement or vendor agreement entered into by you and Landlord shall be negotiated outside the Marketplace and Guesst shall have no role, obligation or liability with respect to such negotiation.
of the Marketplace after such changes are posted will constitute your acceptance of these changes.
Marketplace for any unlawful purpose or any purpose not approved by Guesst.
As a condition to your use of these services, you expressly agree that
you and your Profile Users will not use the Marketplace or other Internet services provided by Guesst for any
purpose that is unlawful or prohibited by these terms, conditions, and notices. You agree to abide by
all applicable local, state, national, and international laws and regulations and are solely responsible for
all acts or omissions that occur under your member name, including the content of your transmissions through
the services provided by the Marketplace.
You and your Profile Users will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Marketplace or take any action that imposes an unreasonable or disproportionately large load on Guesst’s infrastructure as determined by Guesst in its sole discretion.
You will receive a password and account designation upon completing the
Guesst registration process and becoming a registered user. You may also create “Profiles” under your
account for other Profile Users. Your passwords are the property of Guesst and for security reasons must
not be disclosed to any other party except for authorized Profile Users under your account. You are
responsible for maintaining the confidentiality of your password and account and for all activities that occur
under your password or account (including the activities of Profile Users under your account), such as
providing any information about your business or space needs. You acknowledge and agree that uploading
the right to terminate your account.
As a condition of your participation in the Marketplace, you agree that
you will use the www.dashboard.guesst.co (the “Guesst Platform”) to perform the following actions under your
Trial Agreement and the term of any subsequent agreement entered into between you and Landlord for a lease,
rental agreement, license agreement, franchise agreement or vendor agreement (a) calculate payments; (b) share
documentation; (c) remit rent payments; and (d) manage certain other aspects of your business.
To provide you with Guesst’s services [and services that Guesst provides
to third parties in connection with your use of the services], Guesst collects information about you.
[BY AGREEING TO THESE TERMS OF SERVICE, YOU HEREBY ATTEST THAT YOUR ORGANIZATION IS AWARE OF AND COMPLIANT WITH ANY APPLICABLE REQUIREMENTS OF RELEVANT PRIVACY LAW, INCLUDING, BUT NOT LIMITED TO, THE CALIFORNIA CONSUMER PRIVACY ACT OF 2018, AS AMENDED, AND THE GENERAL DATA PROTECTION REGULATION (GDPR).]
Your use of and any browsing in the Marketplace and related Internet
services are at your risk. Neither Guesst nor any other party involved in creating, producing, or
delivering the Marketplace, including but not limited to Shopify, is liable for any direct, indirect,
incidental, consequential or punitive damages arising out of your access to, or use of, the Marketplace or
related services. Guesst does not guarantee that the functional aspects of the Marketplace will be
uninterrupted or error-free or that the Marketplace or the server that provides it are free of viruses or
other harmful components. Everything on the Marketplace is provided to you “AS IS” WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. FOR EXAMPLE, INFORMATION ON THE MARKETPLACE MAY
NOT BE CURRENT, OR COMPLETE WHEN YOU VISIT THE MARKETPLACE AND IT MAY CONTAIN ERRORS AND INACCURACIES. ADDITIONALLY,
WE DO NOT MAKE ANY COMMITMENTS OF THE MARKETPLACE’S FUNCTIONALITY, AVAILABLITY, RELIABLITY OR ABILITY TO MEET
Guesst does not warrant that the Services will be uninterrupted, timely or secure.
Guesst also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your point of sale equipment, computer equipment or other property on account of your access to, use of, or browsing in the Marketplace (or related services) or your downloading of any materials, drawings, data, text, images, video, or audio from the Marketplace.
Guesst is not responsible for any information or data distribution by Landlords, including your use of the Marketplace or interest in specific Properties on the Marketplace, or by any other recipients of data via the Marketplace approved by a Landlord.
The Marketplace is the property of Guesst or its licensors, and is
protected by copyright and other intellectual property laws. The Marketplace may be used only for your
business purposes. You agree not to copy, reproduce, modify, display, perform, publish, translate, or
create derivative works based upon the Marketplace.
“GuesstList” is a trademark of Guesst in the United States. Guesst’s trademarks may not be used in connection with any product or service which is not Guesst’s, in any manner likely to cause confusion among customers or in any way that disparages or discredits Guesst. Other trademarks that appear on the Marketplace are the property of their respective owners.
The software and documentation available on the Marketplace are “commercial items,” as that term is defined in 48 C.F.R. 2.101 (October 1995), consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (September 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227-7202-1 through 227.7202-4 (June 1995), all U.S. government end users acquire the software and documentation with only those rights set forth herein.
Your use of the Marketplace, and any related legal action, shall be governed by the laws of the State of New York, without regard to conflict of laws principles. The sole jurisdiction and venue for any litigation arising out of your use of or inquiries to the Marketplace shall be an appropriate federal or state court located in the State of New York.
continuing waiver of such term or condition or any other term or condition.