1. Acceptance
These Terms of Use (“Terms”) govern access to and use of vybeliving (“Site”). The section headings in these Terms are for convenience only. In these Terms, the words “you” and “your” refer to any individual or entity accessing the Site, “we”, “us” and “our” refer to Vybe and our officers, directors, agents, subsidiaries, joint ventures, and employees. By accessing or using the Site, you acknowledge that you have read these Terms and agree to be bound by them. By using the Site, you represent that you are at least 18 years of age or the age of majority in your jurisdiction. By using the Site, you represent that you are legally able to enter into a contract and agree to comply with all applicable laws and regulations. If you do not agree to the Terms, you should not access or otherwise use the Site.
1. Acceptance
These Terms of Use (“Terms”) govern access to and use of vybeliving (“Site”). The section headings in these Terms are for convenience only. In these Terms, the words “you” and “your” refer to any individual or entity accessing the Site, “we”, “us” and “our” refer to Vybe and our officers, directors, agents, subsidiaries, joint ventures, and employees. By accessing or using the Site, you acknowledge that you have read these Terms and agree to be bound by them. By using the Site, you represent that you are at least 18 years of age or the age of majority in your jurisdiction. By using the Site, you represent that you are legally able to enter into a contract and agree to comply with all applicable laws and regulations. If you do not agree to the Terms, you should not access or otherwise use the Site.
5. Links to Third Party Sites
5. Links to Third Party Sites
This Site may contain links to websites controlled by parties other than Vybe (each a “Third Party Site”). You use any link to a Third Party Site entirely at your own risk.
We provide any link to a Third Party Site only as a convenience. We do not endorse any Third Party Site. We are not responsible for and do not accept any responsibility for the availability, quality, contents, products, services or use of any Third Party Site or any website accessed from a Third Party Site.
5. Links to Third Party Sites
This Site may contain links to websites controlled by parties other than Vybe (each a “Third Party Site”). You use any link to a Third Party Site entirely at your own risk.
We provide any link to a Third Party Site only as a convenience. We do not endorse any Third Party Site. We are not responsible for and do not accept any responsibility for the availability, quality, contents, products, services or use of any Third Party Site or any website accessed from a Third Party Site.
5. Links to Third Party Sites
This Site may contain links to websites controlled by parties other than Vybe (each a “Third Party Site”). You use any link to a Third Party Site entirely at your own risk. We provide any link to a Third Party Site only as a convenience. We do not endorse any Third Party Site. We are not responsible for and do not accept any responsibility for the availability, quality, contents, products, services or use of any Third Party Site or any website accessed from a Third Party Site.
6. User Account
You will need to create an account (“User Account”) to access and participate in certain features of the Site. You agree to provide accurate, current and complete information to us when creating a User Account. You agree that we may take steps to verify the accuracy of information you provide. You agree that we may take steps to supplement the information you provide.
You agree that Vybe may use contact information provided by you to send you correspondence and to provide you with notices, including but not limited to by phone, text message, email, regular mail or postings on the Site. You represent that you are an authorized user of any device or account associated with such contact information. You represent that you are authorized to approve applicable charges that may arise in connection with our use of the contact information to send correspondence or notices.
You are solely responsible for all activities under your account. You agree to only use your own User Account to access the Site. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness. Your User Account is non-transferable except with Vybe’ prior written consent and in line with Vybe’ other policies and procedures.
You are solely responsible for the security and confidentiality of the password and other information you use to access your User Account, and you agree not to distribute such User Account information. You agree to promptly notify us of any unauthorized use of your User Account, or of any other breach of security that you become aware of involving your User Account.
Vybe is not liable for any losses by any party caused by an unauthorized use of your User Account. Notwithstanding the foregoing, you may be liable to Vybe or others due to an unauthorized use of your User Account.
6. User Account
You will need to create an account (“User Account”) to access and participate in certain features of the Site. You agree to provide accurate, current and complete information to us when creating a User Account. You agree that we may take steps to verify the accuracy of information you provide. You agree that we may take steps to supplement the information you provide.
You agree that Vybe may use contact information provided by you to send you correspondence and to provide you with notices, including but not limited to by phone, text message, email, regular mail or postings on the Site. You represent that you are an authorized user of any device or account associated with such contact information. You represent that you are authorized to approve applicable charges that may arise in connection with our use of the contact information to send correspondence or notices.
You are solely responsible for all activities under your account. You agree to only use your own User Account to access the Site. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness. Your User Account is non-transferable except with Vybe’ prior written consent and in line with Vybe’ other policies and procedures.
You are solely responsible for the security and confidentiality of the password and other information you use to access your User Account, and you agree not to distribute such User Account information. You agree to promptly notify us of any unauthorized use of your User Account, or of any other breach of security that you become aware of involving your User Account.
Vybe is not liable for any losses by any party caused by an unauthorized use of your User Account. Notwithstanding the foregoing, you may be liable to Vybe or others due to an unauthorized use of your User Account.
7. User Generated Content
7. User Generated Content
This Site may allow you to communicate, submit, upload, transmit or otherwise make available text, images, audio, video or other content (or we may separately make arrangements for you to do so, such as by soliciting contributions by email or other similar communication), which may be accessible and viewable by the public or others with access to certain aspects of the Site (“User Content”). Contribution to, access to and use of the User Content is at your own risk.
You agree that you are responsible for User Content you provide, including its legality, reliability, appropriateness, originality and content. You agree not to transmit User Content that is untrue, unlawful, fraudulent, threatening, malicious, harassing, abusive, libelous, defamatory, obscene or otherwise harmful. You agree not to submit confidential or proprietary information to us through, or in connection with your use of, this Site except as may be required in connection with your use of certain features of the Site, including but not limited to submission of a social security number or payment information. All User Content transmitted by you through this Site shall be considered non-confidential subject to these Terms, Vybe policies and applicable law.
With respect to User Content, the Site is a passive location for dissemination of information that others may choose to transmit as User Content. We are not responsible for and do not endorse User Content, including but not limited to reviews, opinions or advice. We have no obligation to monitor User Content. Notwithstanding the foregoing, we may at our sole discretion monitor, screen, post, relocate, re-categorize, remove, modify, store or otherwise change User Content at any time and for any reason without prior notice to you.
You represent and warrant that you own all rights, title and interest or possess sufficient license rights in and to User Content contributions as may be necessary to permit the use contemplated under these Terms. Vybe is not the publisher or author of User Content. We disclaim all copyright and ownership in User Content and all responsibility for any such works. Notwithstanding the foregoing, you grant us a nonexclusive, sub-licensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Content (including the right, but not the obligation, to identify you as the source of your User Content using personal information we may have for you, including your name, likeness, persona, job title, and employer), in whole or in part, in all media formats and channels now known or hereafter devised in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
Contributions to, submissions of, access to and use of User Content may be subject to additional terms, conditions or policies, including but not limited to your Rental Agreement, Leasing Agreement or our Privacy Policy. If there is a conflict between these Terms and the terms and conditions of a specific agreement between you and Vybe related to access to or use of the Site, the latter take precedence.
7. User Generated Content
This Site may allow you to communicate, submit, upload, transmit or otherwise make available text, images, audio, video or other content (or we may separately make arrangements for you to do so, such as by soliciting contributions by email or other similar communication), which may be accessible and viewable by the public or others with access to certain aspects of the Site (“User Content”). Contribution to, access to and use of the User Content is at your own risk.
You agree that you are responsible for User Content you provide, including its legality, reliability, appropriateness, originality and content. You agree not to transmit User Content that is untrue, unlawful, fraudulent, threatening, malicious, harassing, abusive, libelous, defamatory, obscene or otherwise harmful. You agree not to submit confidential or proprietary information to us through, or in connection with your use of, this Site except as may be required in connection with your use of certain features of the Site, including but not limited to submission of a social security number or payment information. All User Content transmitted by you through this Site shall be considered non-confidential subject to these Terms, Vybe policies and applicable law.
With respect to User Content, the Site is a passive location for dissemination of information that others may choose to transmit as User Content. We are not responsible for and do not endorse User Content, including but not limited to reviews, opinions or advice. We have no obligation to monitor User Content. Notwithstanding the foregoing, we may at our sole discretion monitor, screen, post, relocate, re-categorize, remove, modify, store or otherwise change User Content at any time and for any reason without prior notice to you.
You represent and warrant that you own all rights, title and interest or possess sufficient license rights in and to User Content contributions as may be necessary to permit the use contemplated under these Terms. Vybe is not the publisher or author of User Content. We disclaim all copyright and ownership in User Content and all responsibility for any such works. Notwithstanding the foregoing, you grant us a nonexclusive, sub-licensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Content (including the right, but not the obligation, to identify you as the source of your User Content using personal information we may have for you, including your name, likeness, persona, job title, and employer), in whole or in part, in all media formats and channels now known or hereafter devised in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
Contributions to, submissions of, access to and use of User Content may be subject to additional terms, conditions or policies, including but not limited to your Rental Agreement, Leasing Agreement or our Privacy Policy. If there is a conflict between these Terms and the terms and conditions of a specific agreement between you and Vybe related to access to or use of the Site, the latter take precedence.
8. Prohibited Conduct
You agree not to use the Site in any manner that violates any applicable local, state, national or international law.
You agree not to use the Site in any way that could violate the privacy and security of other users, or interfere with another’s use and enjoyment of the Site. You agree not to obtain or attempt to obtain unauthorized access to any services, information, accounts, computer systems or networks connected to the Site. You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage the Site or any connected network. You agree not to use any automated system including but not limited to robots, spiders, offline readers or scrapers, to access the Site for any purpose without Vybe’s prior written consent. Notwithstanding the foregoing, an operator of a public search engine may use an automated system for the sole purpose of creating publicly available searchable indices of the Site, but not caches or archives of the Site; Vybe reserves the right to revoke this exception either generally or in a specific case.
8. Prohibited Conduct
You agree not to use the Site in any manner that violates any applicable local, state, national or international law.
You agree not to use the Site in any way that could violate the privacy and security of other users, or interfere with another’s use and enjoyment of the Site. You agree not to obtain or attempt to obtain unauthorized access to any services, information, accounts, computer systems or networks connected to the Site. You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage the Site or any connected network. You agree not to use any automated system including but not limited to robots, spiders, offline readers or scrapers, to access the Site for any purpose without Vybe’s prior written consent. Notwithstanding the foregoing, an operator of a public search engine may use an automated system for the sole purpose of creating publicly available searchable indices of the Site, but not caches or archives of the Site; Vybe reserves the right to revoke this exception either generally or in a specific case.
9. Intellectual Property
You agree to respect the intellectual property rights of others. This Site is owned by Vybe. All right, title and interest in and to the material on this Site, including but not limited to any information, document, logo, graphic, sound or image (the “Materials”). All Materials are owned or licensed either by Vybe or our respective third party authors, developers or vendors. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Material without our prior written consent. Any rights not expressly granted to you or disclaimed by us are reserved by Vybe.
9. Intellectual Property
You agree to respect the intellectual property rights of others. This Site is owned by Vybe. All right, title and interest in and to the material on this Site, including but not limited to any information, document, logo, graphic, sound or image (the “Materials”). All Materials are owned or licensed either by Vybe or our respective third party authors, developers or vendors. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Material without our prior written consent. Any rights not expressly granted to you or disclaimed by us are reserved by Vybe.
11. No Warranty
The site and all materials, documents or forms provided on or through your use of the site are provided on an “as is” and “as available” basis.
To the fullest extent permitted by law Vybe expressly disclaims all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Vybe makes no warranty that: (a) the site or the materials will meet your requirements; (b) the site or the materials will be available on an uninterrupted, timely, secure or error-free basis; (c) the results that may be obtained from the use of the site, or any materials offered through the site, will be accurate or reliable; or (d) the quality of any products, services, information or other material obtained by you through the site or in reliance on the materials will meet your expectations or are suitable for your use or circumstances.
Using the site and obtaining any materials through the use of the site is done at your own discretion and at your own risk. Vybe shall have no responsibility for any damage to your computer system or loss of data that results from use of the site or the use or download of any content, materials, information or software.
11. No Warranty
The site and all materials, documents or forms provided on or through your use of the site are provided on an “as is” and “as available” basis.
To the fullest extent permitted by law Vybe expressly disclaims all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Vybe makes no warranty that: (a) the site or the materials will meet your requirements; (b) the site or the materials will be available on an uninterrupted, timely, secure or error-free basis; (c) the results that may be obtained from the use of the site, or any materials offered through the site, will be accurate or reliable; or (d) the quality of any products, services, information or other material obtained by you through the site or in reliance on the materials will meet your expectations or are suitable for your use or circumstances.
Using the site and obtaining any materials through the use of the site is done at your own discretion and at your own risk. Vybe shall have no responsibility for any damage to your computer system or loss of data that results from use of the site or the use or download of any content, materials, information or software.
12. Limitation of Liability
12. Limitation of Liability
In no event shall Vybe, our officers, directors, employees, agents, contractors, suppliers, or licensees be liable for any indirect, punitive, special, incidental or consequential damage (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether in an action of contract, negligence or other tortious action, or arising out of or in connection with the use or inability to use this site or materials available from this site, even if Vybe has been previously advised of the possibility of such damage. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you, in which instance the maximum liability of Vybe to you is the lowest amount allowable under the applicable laws.
12. Limitation of Liability
In no event shall Vybe, our officers, directors, employees, agents, contractors, suppliers, or licensees be liable for any indirect, punitive, special, incidental or consequential damage (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether in an action of contract, negligence or other tortious action, or arising out of or in connection with the use or inability to use this site or materials available from this site, even if Vybe has been previously advised of the possibility of such damage. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you, in which instance the maximum liability of Vybe to you is the lowest amount allowable under the applicable laws.
16. Mandatory Arbitration; No class action
16. Mandatory Arbitration; No class actione
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO FORM A CLASS ACTION.
You agree to confidential binding arbitration of any dispute between you and Vybe related in any way to access or use of this Site except for intellectual property claims brought by either party (which for the purposes of this section does not include privacy and publicity claims) or as otherwise provided herein. You agree to resolve any dispute related to access to or use of the Site through informal negotiation within sixty (60) days from the date the notice of dispute is sent, after which time, you or we may commence arbitration.
The party giving notice of a dispute shall provide the other party a written statement that sets forth the name, address and contact information of the party giving notice, the facts giving rise to the dispute and the relief requested. We will send any notice of dispute to you using the contact information you have provided. You agree to send any notice of dispute to legal@vybeliving.com.
Arbitration can be conducted in the county where you reside, in San Francisco county, through the submission of documents, by phone or online. Arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules and its Supplementary Procedures for Consr Related Disputes excluding rules or procedures permitting or governing class actions. The arbitrator shall apply law of the State of California excluding any law or regulation permitting or governing class actions.
You agree the dispute shall not be heard as a class action, private attorney general action, or in any other form of proceeding in which either party acts or proposes to act in a representative capacity. No arbitration proceeding can be combined with another without the prior written consent of all parties to the arration or proceeding. The arbitrator may award relief only to the extent required to satisfy your individual claim.
You agree that you are each waiving the right to a trial by jury as to all arbitrable disputes.
If the classtion waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law in the State of California, with the remaining parts proceeding in arbitration.
For more information about arbitration, visit www.adr.org or, in the United States, call 1-800-778-7879.
16. Mandatory Arbitration; No class actione
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO FORM A CLASS ACTION.
You agree to confidential binding arbitration of any dispute between you and Vybe related in any way to access or use of this Site except for intellectual property claims brought by either party (which for the purposes of this section does not include privacy and publicity claims) or as otherwise provided herein. You agree to resolve any dispute related to access to or use of the Site through informal negotiation within sixty (60) days from the date the notice of dispute is sent, after which time, you or we may commence arbitration.
The party giving notice of a dispute shall provide the other party a written statement that sets forth the name, address and contact information of the party giving notice, the facts giving rise to the dispute and the relief requested. We will send any notice of dispute to you using the contact information you have provided. You agree to send any notice of dispute to legal@vybeliving.com.
Arbitration can be conducted in the county where you reside, in San Francisco county, through the submission of documents, by phone or online. Arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules and its Supplementary Procedures for Consr Related Disputes excluding rules or procedures permitting or governing class actions. The arbitrator shall apply law of the State of California excluding any law or regulation permitting or governing class actions.
You agree the dispute shall not be heard as a class action, private attorney general action, or in any other form of proceeding in which either party acts or proposes to act in a representative capacity. No arbitration proceeding can be combined with another without the prior written consent of all parties to the arration or proceeding. The arbitrator may award relief only to the extent required to satisfy your individual claim.
You agree that you are each waiving the right to a trial by jury as to all arbitrable disputes.
If the classtion waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law in the State of California, with the remaining parts proceeding in arbitration.
For more information about arbitration, visit www.adr.org or, in the United States, call 1-800-778-7879.
