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WeWork Companies Inc. (“WeWork”) owns and operates the website at wework.com/landlords (the “Landlord Portal”), which is intended for submissions of certain information by LANDLORDS and PROPERTY OWNERS, ONLY. By submitting information through the Landlord Portal at any time, you agree to be bound by these Landlord Portal Terms of Service (the “Terms of Service”), in addition to any other terms of service applicable to your use of the website at wework.com. Please read these Terms of Service carefully.
You represent and warrant that you are NOT a real estate broker, finder, or other person or entity acting or purporting to act on behalf of a landlord or property owner for a fee or commission. You represent and warrant that all information you provide to us, including without limitation your contact information, name, business name, and building information, is complete, accurate, and up-to-date.
You acknowledge that nothing in the Landlord Portal, or the use thereof, shall constitute an offer for employment or any agreement to pay any brokerage fees or commissions, and that no brokerage fees or commissions will be paid in connection with the use of the Landlord Portal in any manner or form. Moreover, nothing contained herein shall be deemed to create any relationship between either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
You agree to release and forever discharge WeWork and its affiliates from any and all claims, demands, causes of action, suits, proceedings, damages, liabilities, losses and/or costs, including without limitation reasonable attorney fees, for any brokerage fees or commissions in connection with any transaction concerning property submitted through the Landlord Portal.
Submission of any information through the Landlord Portal shall not create any legally binding obligation or an agreement to negotiate in any particular manner, or at all. Any lease or other transaction resulting from use of this Landlord Portal must be set forth in a definitive agreement between the parties. Either you or WeWork and its affiliates may, at any time prior to negotiation or execution of any agreement, terminate all negotiations or chose not to pursue any transaction at all, for any reason or for no reason.
You consent that:
if you are US Based, we may transfer the personal information collected by us and make it available to our personnel, advisors, professionals, subcontractors, independent consultants, external third-party services providers, and our affiliates for the purposes consistent with your use of the Landlord Portal. Some of these transferees may not be located in your country, and therefore your information may be transferred to countries that may or may not guarantee a level of privacy and data protection that is equivalent to the level of privacy and data protection set by the laws in your country;
if you are Non-US Based, we may transfer the personal information collected by us and make it available to our personnel, advisors, professionals, subcontractors, independent consultants, external third-party services providers and our affiliates for purposes consistent with your use of the Landlord Portal. We may transfer, and you consent to such transfer, of your personal data to members of our group based in the United States.
From time to time, we may make modifications, deletions or additions to the Landlord Portal or to these Terms of Service, and WeWork reserves the right to do so at any time and without prior notice to you.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and the United States of America. In any circumstance where the following arbitration agreement permits either you or WeWork to litigate any dispute arising out of or relating to the subject matter of these Terms of Service, any judicial proceeding will be brought in the state or federal courts located in New York County, New York.
US Based Arbitration Agreement. If you are US Based, any claim (excluding claims for injunctive or other equitable relief) related to your use of the Landlord Portal or these Terms of Service shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online, and/or be solely based on written submissions, where the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Non-US Based Arbitration Agreement. If you are Non-US Based, any claim (excluding claims for injunctive or other equitable relief) shall be referred to and finally resolved by arbitration under the London Court of International Arbitration Rules, which Rules are deemed to be incorporated by reference into this clause. The seat, or legal place, of arbitration shall be the City of London. The language to be used in the arbitral proceedings shall be English.
You shall comply with the U.S. Foreign Corrupt Practices Act and all applicable export laws, restrictions, and regulations of the U.S. Department of Commerce, and any other applicable U.S. and foreign agency or authority.
Headings, captions and numbered paragraphs used herein are for convenience only and are not to be used in the interpretation of these Terms of Service. In any action or proceeding to enforce rights hereunder, the prevailing party shall be entitled to recover its reasonable costs, expenses and attorneys’ fees. If any provision of these Terms of Service is held to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable. These Terms of Service constitute the entire agreement between the parties relating to the subject matter hereof and supersede all proposals, letters of intent, memoranda of understanding, or discussions, whether written or oral, relating to the subject matter of these Terms of Service and all past dealing or industry custom. No provision of, right, or privilege hereunder shall be deemed waived unless such waiver is in a writing signed, sent or posted by WeWork.
By accepting these Terms of Service, you also accept to receive transactional and marketing related email communications from WeWork or its affiliates in relation to your submission as well as relevant promotions. You may Unsubscribe from these email correspondences by selecting the “Unsubscribe” link and following the corresponding steps.