FlexSite

Accessibility

Welcome to flexsite.net Privacy Policy (the “Site”). flexsite.net is owned and operated by flexsite, Inc, a Delaware limited liability company (hereafter referred to as flexsite, “Company”, “we”, “us” or “our”). We have developed an on-line marketplace to connect commercial real estate space owners (“Space Owner”) and brands seeking to open pop up shops (“Brands”) and facilitate short term licenses between Space Owners and Brands so Brands can operate pop up shops or hold events at Space Owner’s space. flexsite is merely the operator of the Site and does not set or negotiate the terms between a Space Owner and a Brand. flexsite, and the Site, merely serve as a resource for Brands and Space Owners to connect. Space Owners and Brands who connect on the Site will agree on the commercial space and the basic terms of use, and then enter into a separate legally binding License Agreement pursuant to which Space Owner will grant a license to a Brand to utilize the space (“License Agreement”). When and if available on the Site, Brands may also book goods and services to be used in the commercial spaces (“Vendor Services”) from third party vendors (“Vendors”) through the Site. All License payments, fees, and payments for goods and services, if applicable, will be processed through our third-party payment processor, Stripe

The terms and conditions of this agreement (“Agreement”) apply to your use of the Site to book or list spaces or other services through our Site or other applications (collectively, the “Platform”). This Agreement sets forth the duties and obligations between you and the Company, and between you and other users of the Site (“Users”).

Certain Defination

A Brand may “Book” a Space or Vendor Services by accepting the terms and conditions of a Listing, such as fees, duration and/or limitations of the Listing. A “Booking” is (i) the grant of a limited, temporary, revocable license to use a Space, and (ii) if applicable, an agreement to purchase Vendor Services, in the manner, for the time, and subject to all restrictions provided, as set forth in the Listing, and subject to this Agreement, any agreement with the provider of Vendor Services, and as confirmed through the Platform or the platform of the Vendor, if applicable. The terms and conditions of the license for the Space and/or purchase of Vendor Services are subject to the terms and conditions of this Agreement, as well as other additional terms or limitations that may also be included in or supplemented by a License Agreement that incorporates the terms of this Agreement by reference or otherwise. When you Book a Space, you will not be provided with a lease. A Booking only permits a Brand limited access to use the Space, or other Vendor Services as permitted in this Agreement and, as applicable, License Agreement and/or agreement for the provision of Vendor Services.

“Laws” means all applicable federal, state, local and other governmental rules, regulations and ordinances.

Policies for Space Owners: Space Owners must:

i. Comply with all Laws, including zoning, tax, and permitting laws. Brands must be able to trust that your Space is compliant with all codes, laws, rules and regulations and is safe for the purpose intended.

ii. Represent the Space, nature and condition of the Space, pricing and other terms accurately and completely. Users must be able to rely on your representation of the Space and the terms of use of the Space.

iii. Only offer Space that you own, lease or license or otherwise have the right to offer. If you do not have the right to list the Space, you cannot use the Platform. If you lease Space, you may need consent of other third parties, such as your landlord, to list the Space on the Platform. You may not offer Space to Users if such Space is not listed on the Platform.

iv. Have sufficient rights in and to a Space to participate in the Service as a Space Owner, and your participation in the Service as a Space Owner must not violate any law or regulations or result in the breach of any agreement between you and any third party, including any lease agreement or other agreement relating to the Space.

v. Ensure that your Space is free of any known conditions or defects that would pose a hazard to or risk the safety of any Brand or guest or invitee of a Brand.

Covenant against circumvention

By using the Platform and Services, you agree that you shall not circumvent the purpose of this Agreement by making or taking payments or fees of any kind, either directly or indirectly, or entering into any lease, license or other real estate agreement with any of the parties that contacted you or you contacted on the platform. Nevertheless, this does not preclude you from leasing your space to any other parties that were procured through an alternative medium outside of the flexsite platform. However, if you have opted into an exclusive short-term listing agreement with flexsite, you agree that you shall not circumvent the purpose of this Agreement by making or taking payments or fees of any kind, either directly or indirectly, or entering into any lease, license or other real estate agreement of any kind with respect to Spaces listed on the Platform or parties contacted on the Platform, except through the Platform or except as expressly consented to in writing by flexsite." This restriction shall survive termination of this Agreement and the closing of your Account for a period of thirty-six months thereafter. Should you beach this covenant, you agree that flexsite would be damaged and suffer lost profits that would be hard to estimate. Therefore, you agree and acknowledge that flexsite may hold you responsible for liquidated damages equal to three (3) times the total amount flexsite would have been entitled to had the transaction occurred through the Platform and in compliance with the terms of this Agreement, which amount shall be due immediately upon said breach. flexsite may hold Space Owners and Brands jointly and severally liable for such liquidated damages based upon flexsite’s determination of the circumstances and conduct of the parties.

Flexsite Intellectual Property

flexsite owns or has a valid license to use all intellectual property in connection with the Platform and Services (“flexsite IP”). By use of the Platform and your Account, we grant you a limited, revocable, temporary, non-exclusive, non-transferable license to use the flexsite IP for the limited the purposes set forth in this Agreement and only as provided by the Platform. You are not permitted to use, upload, reproduce, distribute or use in any way any component of the flexsite IP or the Platform, or create derivate works therefrom; you may not claim ownership, register or sublicense the Platform or Services or any Pop-Shop IP in violation of this Agreement or any applicable Laws. All rights under all applicable Laws are hereby reserved.

Recordings

While using a Space, Brands may photograph, film or otherwise record images of the Space. Except as may be prohibited by Law, or as otherwise set forth in a Listing or License Agreement, you grant any Brand a royalty free, worldwide, non-exclusive, perpetual license to use, copy, display, and sub license such photographs, films and images of the Space.

Disclosures & Transfers:

We have put in place contractual and other organizational safeguards with our agents (see further below) to ensure a proper level of protection of your Personal Information (see further Security below). In addition to those measures, we will not disclose or transfer your Personal Information to third parties without your permission, except as specified in this Privacy Policy (see further Important Exceptions below).

As at the date of this Privacy Policy, we share Personal Information about you in respect of the Website only with our partners and agents, including our bank and/or payment processor (Stripe), statistics and analytics providers (Google Analytics, Google Remarking Tag, Facebook Pixels, and Mixpanel), our email marketing service provider (Mailchimp), marketing services providers (customer.io, Drift, Get Site Control, and WisePops) Customer support (Zendesk) and website hosting providers. We use cloud based servers with data centers located worldwide and accordingly your Personal Information may be available to worldwide governments or their agencies under a lawful order, irrespective of the safeguards we have put in place for the protection of your Personal Information.

From time to time we may employ third parties to help us improve the Website and/or the Services. These third parties may have limited access to databases of user information solely for the purpose of helping us to improve the Website and/or the Services and they will be subject to contractual restrictions prohibiting them from using the information about our members for any other purpose.