UPTOP Privacy Policy
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Privacy Policy

At UPTOP, we understand and respect your concerns about privacy and security and will do our best to provide a convenient and safe online experience including protecting the privacy and confidentiality of your personal information. For this reason, we have created and adopted the following Privacy Policy which describes what information we collect, how we may use that information, how we share that information, and how we protect that information on our website, which is located at www.liveuptop.com and our other relevant websites and smartphone applications (collectively, the “Site”). We may update this Privacy Policy at any time, and we therefore, encourage you to check this policy periodically for any changes. If you do not agree with the terms, do not access or use the UPTOP Site, platform and services. Your acceptance of the Terms of Service (“Terms”) between you and UPTOP indicates that you have read and have accepted this Privacy Policy in its entirety. This Privacy Policy is part of, and incorporated by reference in whole within, the Terms. Your acceptance of this Privacy Policy is required to use the Site. By using the Site, you expressly consent to the collection, use and retention of your personal information that is provided to UPTOP according to the terms and explanations provided in this Privacy Policy. If you do not agree with any portion of this Privacy Policy or the Terms of Service, you may not use the Site. Any capitalized term used and not defined herein will have the meaning ascribed in the Terms. This Privacy Policy applies only to our Site and related Services including the personal information that you provide to us when registering and you provide or we gather while you are using the Site. It does not apply to other companies’, vendors or affiliates web sites to which we link. These third-party websites implement and maintain their own terms of service and privacy policies. We assume no responsibility or liability for third-party actions, use of, or negligence relating to information provided to such third-party websites. Please refer to the individual third-party privacy policies and terms of use. At present, we only operate in the United States and do not offer or provide services in other jurisdictions. In situations in which you access and use the Site from locations outside of the United States or UPTOP decides to operate a portion of all of the Site or maintain storage of information overseas, your personal information may be stored outside of the United States or transferred into or out of the United States. By accessing and using the Site, you hereby consent to the transfer of your personal information into and out of the United States. Additionally, you will be responsible to hereby agree to adhere to all US and applicable foreign export control laws. You must be 18 years old to enter into any contractual arrangement through the use of UPTOP. If you are under 18, we suggest that you review this information with your legal guardians. This Site is not directed to, and may not be used by, children under the age of 13. We do not collect or maintain personal information, via the Site or otherwise, from those we actually know are children under 13 years of age. If you are under 13, you should not submit any personal information to us. If you are the parent of a child under 13, please help us protect your child’s privacy by instructing them never to provide personal information on this Site or any other website without your permission. Personal information is information about an identifiable individual, which includes name, address, email address, telephone number, and other information that identifies you. We may collect personal information from you directly or indirectly. For example, when you register for an account, you may be asked to submit your name, address, email address, telephone number, information regarding the type, price, location and features of your desired property, and other personal information such as financial information. You may also voluntarily provide us personal information if you email us, inquire about a property, call us, complete an online survey, or otherwise respond to a request from us for information. Even if you do not register with us, we may automatically collect certain information concerning your visits, such as your Internet Protocol (“IP”) address and browser information, which will allow us to track your use of the Site. Upon your return to the Site and/or subsequent registration, we will update your profile with your previous search history in order to create a more complete user profile. We may also use a third-party to help us gather and analyze information about the areas that you visit on the Site to evaluate and improve the client experience and the convenience of the Site, and to help us analyze some or all of the information that you provide to us. If we collect personal information from you, whether provided to us voluntarily or involuntarily, you are giving us permission, subject to the terms of this Privacy Policy, to use and disclose that information in any manner desired, including without limitation to contact you regarding the Services offered on the Site, to improve or enhance Site performance, to communicate to you about other matters that may be of interest to you, and to respond to any inquiries that you may initiate. When we collect information from you, we may use it for a number of purposes, including to:
  • Identify your search preferences so that we can notify you of property listings and other information relating to our business that might be of interest to you;
  • Send emails and other communications regarding our services, technical announcements, relevant updates and promotions;
  • Invite you to participate in customer research;
  • Measure the advertising effectiveness of our online and other advertisements and events;
  • Optimize advertising campaigns and located target audiences with similar characteristics and demographics;
  • Comply with applicable laws, legal process and regulations;
  • Respond to your comments and inquiries; and
  • Help us understand Site activity and improve your use of our Site.
In order for us to maintain the accuracy of your personal information and improve our communication with you, we may also combine the information we collect with other public demographic information. User information collected as part of the service will be retained for as long as required by UPTOP. At any time, Users can review and edit personal information on our Site through User profiles. Information about our customers is important to our business. UPTOP agrees to implement and maintain commercially reasonable measures to protect customer information and data collected. We may share your personal information with third-parties as set forth herein.
  • Affiliates. In order to offer products and services to you, we may pass along personal information submitted by you to one or more of our affiliates, who may use this information to contact you about various opportunities, including, property management, furniture rental and other services.
  • Landlords and Leasing Agents. We may share your personal information with landlords, property owners, leasing agents, managing agents and sponsors of listings on our Site.
  • Service Providers. We may share certain personal information we collect about you with third-parties who perform services for us or with whom we contract for the purposes described in this Privacy Policy. For example, we may use third-parties to host the Site, operate certain of its features, send emails, print or send mailings, conduct customer research, and manage and analyze data and our advertising effectiveness. These third-party service providers are given the information that they need to perform their designated functions and we do not authorize them to use or disclose your personal information for their own or any others' marketing purposes.
  • Promotional Offers. Sometimes we send offers to selected groups of users on behalf of other businesses. When we do this, we do not give that business your name and address.
  • Legal Requests. On rare occasions, we may be required to disclose your information as is required by law pursuant to lawful requests such as subpoenas, court or agency orders, or as we may reasonably determine to be necessary to protect our rights or the rights of others, to avert harm to persons or property, or to enforce this Privacy Policy.
  • Business Transfers. Your information may be transferred as an asset in connection with a merger or sale (including any transfer made as part of insolvency or bankruptcy proceedings) involving all or part of our businesses or as part of a corporate reorganization, stock sale or other change in corporate control.
By using ourSite, you hereby grant permission for UPTOP to utilize all personal information you provide and all user data collected for the express purpose of providing third-parties with anonymized data sets including, demographics, site user behavior and geographic locations. We will only use anonymized data collected in aggregate form when providingdata to partners. UPTOP agrees not to disclose any personally identifiable information (PII) that may infringe laws relating to the collection, use and storage of personal data. This data may be shared, sold and communicated to third-parties at our sole discretion. All personal information provided to or collected through the Site will be maintained in storage systems, facilities and locations of our choosing. You hereby authorize UPTOP to retain any and all information that you provide to the Site or that is collected in relation to your use of the Site. Upon termination of your Account or access to the Site, UPTOP will neither have the obligation to continue to retain your personal information (except as otherwise required under the law or any applicable regulations) nor to deleteyour personal information. To enhance your experience on the Site, we and some of our third-party service providers use "cookies." Cookies are text files we place in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information unless you choose to provide this information to us by, for example, registering at our Site. However, once you choose to register with personally identifiable information, this information may be linked to the data stored in the cookie. We use cookies to understand usage and to improve the content and offerings on the Site. For example, we may use cookies to personalize your experience on the Site (e.g., to recognize you by name when you return to the Site) and to save your password in password-protected areas. We also may use cookies to offer you products, programs or services. "Web beacons" are small pieces of code placed on a web page to monitor the behavior and collect data about the visitors viewing a web page. For example, web beacons or similar technology can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page. We may use web beacons or similar technology on the Site from time to time for this and other purposes. In addition, when you visit the Site, third-party vendors and advertisers also place or read cookies on your Internet browser. This is a common practice on the Internet; these cookies may be used to determine whether you have visited other web sites, to measure the effectiveness of advertising and links on other web sites, and to provide you with information of potential interest to you, among other purposes. This is not an exhaustive list of all uses of cookies on our Site. Most Web browsers are set up to accept cookies. You can, however, set your browser to refuse all cookies or to indicate when a cookie is being sent. In addition, cookies can be easily and safely deleted from your system. See your browser's help section for instructions. Should you choose to disable any cookies associated with the Site, you will not be able to take full advantage of all the Site’s features, but you still should be able to navigate the Site without difficulty. If you would like to opt out of behavioral advertising and tracking beacons, please visit optout.aboutads.info to make a request. We may provide software integrations through third-party social networking sites and related social media plug-ins or applications. By signing up for access to the Site, you hereby authorize UPTOP to access certain public information from your social media profiles, for example; name, e-mail address, photos and location. Upon using the Site, you hereby authorize us to use this data for marketing efforts and collecting aggregate data sets as outlined in this Privacy Policy within the section entitled “Who do we share your information with”. To control what information and data is shared through personal social media accounts, users may visit their privacy settings available on each respective social media sites. Please refer to those third-party sites privacy policies and terms of use to understand their privacy policies. UPTOP does not control or influence in any way the terms of such third-party privacy policies or terms of use. We have in place what we believe to be reasonable physical, electronic and managerial procedures to safeguard the personal information we collect and help prevent unauthorized access and use of such data. Unfortunately, no collection, storage, or transmission of information over the Internet can be guaranteed to be 100% secure, and therefore, we cannot guarantee or warrant the security of any such information. Accordingly, UPTOP cannot ensure and expressly disclaims, any warranty relating to the security of any information that you provide to or extract from the Site. Correspondingly, you are hereby on notice that you provide information to and extract information from the Site at your own risk. It is also important for you to protect against unauthorized access to your Account and to your computers and mobile devices. Be sure to sign off of your Account when finished using a shared computer. And take extra precaution when using a public WiFi service or hotspot. Additionally, change your passwords often using a combination of letters and numbers, and make sure you use a secure web browser. You can opt out of receiving promotional offers from us by either clicking on the “unsubscribe” instructions at the bottom of any communications we may send you, by emailing us, or by following the links on our Site to remove yourself from our mailing list. After you opt-out, you will not receive any further promotional offers from us unless you open a new Account, enter a contest, inquire about a property, contact us or otherwise subsequently sign up to receive newsletters, emails or personalized online advertisements. UPTOP reserves the right to communicate with registered users about important administrative, policy, legal, payment, screening and billing matters. These communications are considered mandatory and you may not opt-out from receiving such communications. If you have questions regarding our Privacy Policy, or if you wish to update the personal information you have provided to us, you may do so by emailing us at policies@liveuptop.com. We reserve the right to make changes to our Privacy Policy from time to time for any reason. Such changes, modifications, additions or deletions shall be effective immediately upon posting, unless otherwise indicated. We have no duty or obligation to inform users or prior visitors that changes have been made, regardless of the scope and importance of the changes. We encourage you to periodically check back and review this Privacy Policy so that you always will know what information we collect, how we use it and to whom we disclose it. Your continued use of the Site after such changes are posted will be deemed to constitute your agreement to and acceptance of such changes.
UPTOP Terms
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Terms of Service

The Site LIVEUPTOP.COMand our other owned websites and smartphone applications(collectively, the “Site”)is an online information platform for apartment searchers, prospective tenants, and renters on the one hand (“Renters”), and owners, landlords, and property managers on the other (“Landlord,”“Manager” and together with Renters, our “Users” or “Customers.”) Through the Site, Renters can search for and review rental property real estate listings in our designated service areas provided by Landlords, and then use UPTOP’s platform to enter into a leasing arrangement with the landlord, communicate privately or within User determined groups with landlords, complete online applications and undertake credit and background screening requirements set forth by landlords, electronically execute lease agreements and set up a seamless ongoing payment plan for rent and other ancillary payments. Your use of the Site is subject to these Terms and Conditions of Use, which include the Privacy Policy (“Terms”). You must agree to these Terms before using the Site or any of the services offered through the Site (collectively, the “Service”). These Terms constitute a binding contract between Live Up Top, Inc. (“UPTOP,”“we” or “us”) and you (“you”). BY USING THE SITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SITE. We suggest that you print out a copy of these Terms for your records. Unless expressly stated, the Terms apply to both Renters and Landlords, without exception. Please visit our Privacy Policy for detailed information on how we collect information, use the information collected and protect user information. You acknowledge, understand and agree that UPTOP reserves the right at any time to charge fees for services provided. UPTOP currently charges convenience fees related to rent payments and screening services. Users will not be charged for access to or use of the Site, including without limitation making credit card, bank to bank payments or ordering screening reports unless the user grants express consent and authorization. You understand and agree that once consent is provided for services, you will be obligated to pay and shall pay any and all such charges associated with the services. a) Nature of UPTOP Services.UPTOP operates a platform for Landlords desiring to advertise residential rental properties with available units to Renters. All listings are based on information provided by the Landlords. Accordingly, UPTOP is not responsible in any way for the content in any such advertisements, nor is UPTOP responsible for any actual lease transaction between a potential Renter and a property. UPTOP does not render legal, brokerage, or other professional advice or services to its customers (Renters or advertisers/properties). UPTOP does not broker, lease, or sublease apartments directly and is not a party to any transaction between landlords (including, as applicable, property management companies and/or property managers) and renters. Given UPTOP’s role, UPTOP does not (a) guarantee or ensure any apartment or any transaction between a renter and landlord, or (b) broker, lease, or sublease or offer to broker, lease or sublease, or own any apartments. By using the Site, you acknowledge that published rents and availabilities are subject to change at the sole discretion of the property owner or manager at any time and without further notice. Without limiting the generality of the foregoing, you acknowledge and agree as follows:
    • UPTOP does not participate in any actual lease transactions, including, without limitation, negotiations, discussions, or proposals, and you expressly waive any requirement that purports to impose on UPTOP an obligation to perform any services other than those expressly undertaken by UPTOP;
    • UPTOP does not render legal, brokerage, financial or other professional advice or services; in the event you desire or need such services, UPTOP strongly advises you to secure the same from an appropriate provider;
    • UPTOP is not undertaking any, and has no, duties to Renters, including, without limitation, the obligation to inspect rental properties, to verify the veracity of information contained in an advertisement, or to interview or otherwise screen Renters;
    • UPTOP is not responsible for the content of, nor does it endorse, the third-party Sites to which you may link using this Site;
    • UPTOP does not guarantee the accuracy of any information available on liveuptop.com, and is not responsible for any errors, omissions, or misrepresentations, and all information obtained on this Website must be verified independently;
    • UPTOP may make changes to its products and/or services and this Site or mobile applications at any time and without notifying you or receiving your consent; and
    • While UPTOP complies with applicable state and federal laws, including federal civil rights laws, UPTOP cannot guarantee that its users so comply. Accordingly, UPTOP assumes no liability for the failure of Renters and Landlords to comply with such laws.
      • General Protection. Any content available through the Site, including applications, software, design, text, audio, video, photos, pictures, graphics, music, sound clips, images, likenesses, personal information and other works of authorship (collectively, “Content”) is protected by the intellectual property rights of UPTOP or its licensors. All right, title and interest in and to the Site and any Content will remain the exclusive property of UPTOP and its licensors.
      • User Content.By submitting ads, photos, descriptions, data, or other information (“Content”) to the Site in connection with a listing, You hereby grant to UPTOP, its affiliates, and its parent and related companies a royalty-free, perpetual, irrevocable, nonexclusive, fully transferable, fully sublicensable right and license to copy, modify, display, distribute, perform, create derivative works from, store, and otherwise use and exploit all such Content in any form, media, software or technology of any kind now existing or developed in the future. You further grant to UPTOP, a royalty-free right and license to use your name, image and likeness in connection with the reproduction or distribution of the Content. Whenever submitting Content, we ask that you use your best judgment and be respectful of other individuals.
      • iii. Your Warranties Regarding Your Content. You may post to the Site or otherwise submit to us your Content, including without limitation comments regarding property listings, feedback regarding the Service, or any other ideas, suggestions, documents or proposals. By submitting your Content, you warrant, represent and agree that:
        • you own your Content or have sufficient rights in your Content to grant to UPTOP the rights described in these Terms;
        • your Content does not and will not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party;M
        • your Content is true and accurate to the best of your knowledge;
        • your Content does not include confidential or proprietary information;
        • if we so choose, we may use and disclose your Content in any way; and
        • we have no obligation to pay or reimburse you for your Content or our use of your Content.
      • Prohibited Content.
You must not post to the Site any Content that, as reasonably determined by UPTOP, is or appears to be the following:
        • untrue, misleading, harmful, threatening, fraudulent, abusive, harassing, defamatory, vulgar, obscene, invasive to another person’s privacy or protected data, hateful, or racially, morally or otherwise objectionable;
        • infringing upon or misappropriating a third party’s intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, including any Content that is the subject of any claim of infringement or misappropriation;
        • of a type that you do not have a right to transmit under any law or contractual or fiduciary relationships, such as proprietary and confidential information;
        • information that references personally identifiable information, such as address, email address, contact information, or phone number;
        • unsolicited, undisclosed or unauthorized advertising;
        • software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
        • data or information obtained through access that was not authorized by the owner, or that you are not authorized to post; or
        • in violation of any applicable local, state, national or international law (including export control, consumer protection, unfair competition, anti-discrimination, fair housing and false advertising laws).
      • Ownership of Content; License.
      • Ownership of Your Content. You retain ownership of your rights in any Content you post to the Site, subject to the non-exclusive rights that you grant to us as described in these Terms.
      • Your License to UPTOP. You hereby grant UPTOP an irrevocable, perpetual, worldwide, royalty-free, freely transferable, freely sub-licensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, delete, translate, transmit, sell and distribute, advertise in, on and around, and create derivative works of the Content you submit or make available for inclusion on or through the Site, and to incorporate such Content into other works in any form, media, or technology now known or later developed without compensation to you.

a. Prohibited Conduct on the Site. You must not do, or attempt to do, any of the following, as reasonably determined by UPTOP, subject to applicable law:

      • access or use the Site in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
      • use any Content in violation of any applicable laws, rules or regulations, including without limitation the rules of Real Estate Board of the City of New York, the New York State Department of State, the New York State Department of Banking, or any listing agency.
      • access, tamper with, or use services or areas of the Site that you are not authorized to access;
      • alter information on or obtained from the Site;
      • tamper with postings, registration information, profiles, submissions or Content belonging to UPTOP or other users of UPTOP;
      • use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information, such as email addresses, available from the Site or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters;”
      • frame any part of the Site, or link to the Site, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by UPTOP;
      • impersonate or misrepresent your affiliation with any person or entity;
      • reverse engineer any licensed software, application, games or any other aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site;
      • send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Site or any recipient; or
      • take any action which might impose a significant burden (as determined by us) on the Site’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Service.
      • Registration. You must complete the Site registration process to create an account with a user name and password (the “Account”) in order to make full use of the Service.
      • Minimum Age. You must be eighteen (18) years of age or older to register for an Account.
      • Password and Identity. You may not share your password with anyone else. Any use of the Service through your Account will be deemed as being used by you. UPTOP is entitled to rely on the contact and other information that is supplied to us through your Account. Your Account is non-transferable and non-assignable. You are responsible for safeguarding your password and provide your personal information at your own risk.
      • Consent to Contact. BY REGISTERING FOR AN ACCOUNT, YOU CONSENT TO RECEIVE PERSONALIZED EMAILS and TELEPHONE CALLS FROM UPTOP. You must always provide accurate, current and complete information to UPTOP for the Service. You must update such information in a timely manner to maintain its accuracy and completeness.
      • Nature of Usage.You may view, copy, download and print a single copy of the information and data available on liveuptop.com, provided that: (1) the Content is used solely for personal, non-commercial purposes; (2) the Content is not modified, republished, or redistributed; and (3) all copyright, trademark, service mark and other proprietary notices are reproduced as they appear in any such Content.
      • Without limiting the generality of the foregoing, as a Renter, you are only permitted to use liveuptop.com to search for properties, communicate with Landlords and Managers, and utilize other rental-related services offered by or through UPTOP.
      • Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark or copyright of UPTOP.
UPTOP authorizes usage of the Site and Content to Users, in each case subject to the following terms:
      • No Broker-Consumer Relationship. Although UPTOP serves as a broker in terms of putting together a group of available rental properties with a group of individuals seeking to rent an available property, you agree that UPTOP is not a broker in any other sense of the word and cannot be held liable under a broker-consumer relationship as defined under any state law.
      • Real Estate Licensing. While we may be licensed as a Real Estate Broker in those states where we believe it may be necessary to do so in order to comply with state regulations, you understand that we do not and do not intend to render legal, brokerage, or other professional advice or services to advertiser clients or users of the Site, and we do not participate in any negotiations with respect to lease transactions.
      • No Commission Received by UPTOP. UPTOP does not receive a commission when a property is listed or rented. You acknowledge that you are not entering into a lawful broker-consumer relationship as may be defined under state law. The relationship is however not exclusive and you are not obligated to work with UPTOP.
      • Market Area. At present, UPTOP is available across the United States.
      • No Affiliation With Real Estate Agent. You agree that you have not signed any agreement with a Real Estate Agent that would prevent you from listing or renting through UPTOP. You do not have a contract or agreement with any third party that would interfere with your use of our Service. You agree to notify us immediately in the event you enter into any such agreement.
      • Outreach to Landlords Prohibited. You agree to exclusively use the Site to work with the owner or landlord of any property where the information was gained through the Site. You will not attempt to circumvent the Site, for example by contacting a landlord directly.
      • We Represent Multiple Buyers. You acknowledge and agree that we may also represent other prospective tenants seeking to rent the same properties that may meet your leasing criteria.
      • No Unauthorized Duplication. Except as otherwise stated herein, none of the Content on the Site or our mobile application may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior written consent of UPTOP.
      • Broker Restrictions. Any real estate broker, salesperson, agent, or similar state licensed real estate professional (“Real Estate Agent”) who wants to use the Content for its customer must first obtain the express consent of UPTOP. You understand that we reserve the right to deny or terminate access to any Real Estate Agent. No person, including any Real Estate Agent, may market or make commercial use of the Content in any way, including without limitation advertising our property listings, copying our Content for commercial use, or contacting our customers or the owners or managers of any properties listed on the Site.
      • Listing Services. You acknowledge that the independent Landlords which supply the listing data to the Site, own such data, and you acknowledge the validity of their respective copyrights to such data.
We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, age, alienage or citizenship status, color, religion or creed, gender, sexual orientation,occupation, disability, familial status or national origin. All Content is subject to federal fair housing laws, which make it illegal to indicate in any advertisement any preference, limitation, or discrimination because of race, color, religion, sex, physical or mental disability, and/or familial status. Your state jurisdiction may also prohibit any preferences based on sexual orientation, marital status, ancestry, source of income, or other criteria. If You have any question about the fair housing laws and housing discrimination in general, please call your local fair housing agency or the U.S. Department of Housing and Urban Development. For a list of all fair housing groups, go to the Housing Rights Center’s website at www.hud.gov. No Duty to Monitor. Given the nature of the Site and the volume of messages and postings, except as otherwise expressly provided in these Terms of Service or other applicable terms, we cannot and do not monitor all of the Content posted or transmitted by Renters, Landlords and other third-party information providers. We reserve the right, in our sole discretion, to monitor, refuse to publish, remove, delete, move or edit any Content without notice, at any time for any reason. By using the Site, you expressly agree that UPTOP (a) will not be liable for any claims, actions or judgments arising out of or related to any Content, (b) is not obligated to monitor, restrict, verify or filter any Content posted anywhere on the Site, and (c) may monitor, refuse to publish, remove, delete, move or edit any Content without notice at any time for any reason, in its sole discretion, without liability. You further expressly agree that you are solely responsible for any and all Content You submit to the Site. The views expressed in any Content posted or made available by third parties, including other Users, are those of the respective author(s) and not of UPTOP. UPTOP neither endorses nor is responsible for the accuracy or reliability of any Content posted on the Site. License by UPTOP to You. You must respect the intellectual property laws protecting the Site. UPTOP grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, under the rights UPTOP has in the Content, to privately display the Content on your computer or cellular device and to download and print a single copy thereof, subject to the restrictions set forth herein. Reservation of Rights. On its own behalf and the behalf of its licensors, UPTOP reserves all rights in the Content, including any software, not expressly granted in this Section. UPTOP does not in any way grant any other rights to you. Except as expressly stated in this Section, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any Content, including any software, without prior written consent from UPTOP or other third-party owner of the rights in that Content (if any). Renters may use the Site for personal use only. Renters may not reproduce, copy, sell or otherwise exploit the Site or any part thereof, or access or use the Site for any commercial purposes. As a Renter, you are only permitted to use UPTOP to search for properties, communicate with Landlords, respond to requests for information from Landlords, including to perform a credit history, set up an electronic rent payment profile, and utilize other rental-related services offered by us. Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark or copyright of UPTOP. Notwithstanding the grant of access conferred hereunder, UPTOP expressly and without limitation revokes the right of any competitor, including competitors of UPTOP or its affiliates, to access the Site in any way and for any purpose, including, but not limited to, through employees, officers, directors, third party agents, affiliates, or independent contractors. If you are an UPTOP competitor, or a competitor of any UPTOP affiliate, you acknowledge that you are accessing the Site without legal authorization, and agree to immediately discontinue such access, and to direct all parties within your control or under your direction, including, but not limited to, employees, officers, directors, third party agents, affiliates, or independent contractors, to cease accessing the Site on your behalf, or for your benefit. Our listings may contain phone numbers through which you may contact our listings. We have an agreement with a third-party provider (the "Call Servicer") allowing certain Landlords listed on Liveuptop.com to be assigned a unique phone number as part of their listing and to use call measurement and monitoring services, for purposes of quality assurance, customer service and analytics, via the Call Servicer's telecommunications network. By using Liveuptop.com to access listings and by contacting advertisers/Landlords via the telephone numbers listed on Liveuptop.com, you consent and give permission to have your voice, identity and call content recorded, monitored, stored and divulged for the purposes described above. When Landlord saccess the Site to utilize the platform’s listing capability, Landlords must first expressly agree to these Terms of Service before using the UPTOP services. The Terms of Service can be viewed on the login page for the Listing Services, together with the privacy policy. Landlords may request credit/background reports from prospective tenants using the UPTOP platform. Tenants may utilize our service of receiving credit and background reports provided by a third-party provider. Third-party reporting agencies are responsible for information provided through screening reports. UPTOP is not responsible for the contents of any credit report, background check report or credit scores. There will be an additional fee due to the tenant associated with this optional service. The fee will be clearly displayed prior to ordering screening reports through the UPTOP platform. Landlords that request screening reports from prospective tenants, hereby certify that use of these reports will be used for the sole purpose of evaluation of prospective tenant in relation to a tenant’s rental application and no other purpose. Upon using our services, landlords expressly agree to familiarize yourself and comply with the Fair Credit Reporting Act and any applicable state laws governing consumer reports. If landlords have relied upon the contents of consumer reports, you are required to provide the applicant with an Adverse Action Notice, as prescribed by Federal Legislation (Fair Credit and Reporting Act). Landlords are solely responsible for administering Adverse Action Notices. As a part of our services, we may offer Renters the ability to pay their rent online through a third-party service provider (the "Rent Payment Service Provider") (such services referred to as "Online Rent Payment Services"). Your use of the Online Rent Payment Services is governed by the terms of service and privacy policy of the Rent Payment Service Provider which can be viewed on the login page for the Online Rent Payment Services, and those terms of service and privacy policy take precedence over these Terms of Service in the case of any conflict between them in connection with the Online Rent Payment Services. UPTOP is not responsible for any part of the Online Rent Payment Services. Rent payment services may be provided to current landlord participants and their respective tenants in conjunction with certain third-party, affiliated service providers including, without limitation, the payment processor affiliate(s) who are responsible for the collection and remission of all payments made via the prescribed services. Tenants of participating landlords are permitted to use the services to pay rent and any other related fees and charges. All personal information such as credit card and on-line electronic checking information collected through payments made through the Service will be delivered to participating Landlords in accordance with UPTOP’s service agreement with the Participating Landlord. All parties will receive notifications of payments receipts acknowledging payment through the service. You agree to indemnify and hold harmless UPTOP, its affiliates and its and their respective employees, representatives, agents and suppliers ("UPTOP Indemnitees") against any claim, suit, action, or other proceeding brought by anyone, including claims by the Landlords or Rent Payment Service Provider, in connection with your use of the Online Rent Payment Services, including but not limited to: (i) your use or someone using your computer or your account; (ii) a violation of any agreement between you and the Rent Payment Service Provider or you and the rental property, whether such violation is by you or anyone using your computer; (iii) a claim regarding the amount paid or received using the Online Rent Payment Service; or (iv) a claim regarding the date payment is made or received. You agree to pay any and all costs, damages, and expenses incurred by UPTOP Indemnitees arising out of such claims, suits, actions or other proceedings, including, without limitation, reasonable attorneys' fees and costs, and awards in connection with (that is, against, or arising from, or otherwise incurred by) any such claim, suit, action, or proceeding attributable to any such claim. UPTOP cannot and will not be liable for any damage or loss arising from your failure to comply with the terms of service of the Rent Payment Service Provider or you following any links to third-party sites. Tenants who wish to utilize UPTOP rent payment services and landlords who agree to cover the processing fees on behalf of their tenants will be charged a percentage based convenience fee of the monthly rent or set convenience fee for direct bank to bank transfer of monthly rent totals. The convenience fees will be added automatically to the payment amount. These fees are non-negotiable and non-refundable. Our services are currently free for landlords, there is no charge to receive rent payments (unless requested to cover tenants convenience fees). If our fee structures change, UPTOP agrees to inform all tenant and landlord users via email. Landlords in connection with your Account, use of our Site and other UPTOP services, agree that they will not:
  • Sell counterfeit goods;
  • Act in a manner that is defamatory, trade libelous, threatening or harassing;
  • Provide false, inaccurate or misleading information;
  • Send or receive what we reasonably believe to be potentially fraudulent funds;
  • Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
  • Control an Account that is linked to another Account that has engaged in any of these Restricted Activities;
  • Conduct your business or use the UPTOP Services in a manner that results in or may result in complaints, Disputes, Claims, Reversals, Chargebacks, fees, fines, penalties or other liability to UPTOP, other Users, third parties or you;
  • Use your Account or the UPTOP Services in a manner that UPTOP, Visa, MasterCard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules;
  • Allow your Account to have a negative Balance;
  • Provide yourself a cash advance from your credit card (or help others to do so);
  • Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers;
  • Use the UPTOP Services to test credit card behaviors;
  • Circumvent any UPTOP policy or determinations about your Account such as temporary or indefinite suspensions or other Account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to create new or additional UPTOP Account(s) when an Account has a negative balance or has been restricted, suspended or otherwise limited; creating new or additional UPTOP Accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s UPTOP Account;
  • Harass and/or threaten our employees, agents, or other users.
a. Sending Limits. UPTOP may, at discretion, impose limits on the amount of money you can send through the UPTOP Services. If UPTOP has authenticated your identity, it may increase your sending and/or receiving limits. These limits may change from time to time at UPTOP’s sole discretion. Users may not send money to themselves or their personal accounts. b. Funding Source Limitations. In order to manage risk, UPTOP may limit the funding sources available for Users to fund any particular transaction. For example, UPTOP may limit User’s funding sources for a particular transaction to debit cards or checking account. Please note that the various funding sources have different dispute resolution rights and procedures in the event your transactions turn out to be unsatisfactory. Your dispute resolution rights are determined by the funding source used to fund the transaction. c. Refused and Refunded Transactions. When money is sent, the recipient is not required to accept it. You hereby agree that you will not hold UPTOP liable for any damages resulting from a recipient's decision not to accept a payment made through the UPTOP Services. You also agree that you will not hold UPTOP liable for any damages for all disputes between you and the recipient. We may need to validate or authenticate your identity and the information you supplied when creating your UPTOP Account. This may include asking you for further information and/or documentation about your UPTOP Account usage or identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or financial instruments, and verifying your information against third party databases or through other sources. This process is for internal verification purposes. You hereby authorize UPTOP, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and UPTOP Account information. You must open an Account with UPTOP to use the Services. During registration, we will ask you for information, including your name and other personal information. Users must provide accurate and complete information in response to our questions and keep that information current. Users are fully responsible for all activity that occurs under their UPTOP Account, including for any actions taken by persons to whom you have granted access to the UPTOP account. UPTOP reserves the right to suspend or terminate the UPTOP account of any User who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements. Term. These Terms shall remain in full force and effect until terminated in accordance with this Section. Right to Terminate. We may, at any time, terminate your access to the Site, and your Account, for any reason, consistent with local, state and federal fair housing and other laws, including if we believe in our sole discretion that you may have violated these Terms or have otherwise engaged in any activities that may harm or damage the reputation, rights, person, or property of UPTOP, our users, or any other person. Effect of Termination. Upon termination of your Account, your agreement with UPTOP pursuant to these Terms will also terminate, except that the following provisions survive the termination: Sections, 1, 2, 3, 4(c), 17, 19, 26, 27 and 30. If your Account or access to the Service is terminated, you may no longer have access to the Content you posted on the Site. Upon termination, UPTOP may remove and discard your Content from the Site. UPTOP will not be liable to you or any third party for any termination of your Account or your access to the Site. In consideration for the use of UPTOP’s service, users consent to receive solicited marketing and advertising from UPTOP. You understand and agree that UPTOP may serve advertisements based on user information or interaction with our services (see our Privacy Policy for more details). You have the right to decline and opt-out of UPTOP’s marketing and advertising programs at any given time. All requests should be directed to support@liveuptop.com. No Warranty. ALL INFORMATION, CONTENT, AND SERVICE AVAILABLE THROUGH THE SITE ARE FOR INFORMATION PURPOSES ONLY AND ARE PROVIDED BY US ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Without limiting the generality of the forgoing, UPTOP, its owners, affiliates, officers, directors, employees, agents, contractors, content or service providers (including listing service providers), investors, successors and assigns (collectively, the “UPTOP Group”) specifically disclaim any and all warranties, express or implied by statute or otherwise, including but not limited to: (1) any warranties concerning the availability, accuracy, usefulness, or content of or uninterrupted access to information, products or services and (2) any warranties of title, non-infringement, merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tort, negligence or any other cause of action. Use At Your Own Risk. Any listing on the Site may be updated, changed, modified, withdrawn, sold or rented at any time without notice. Any furnishings, decorations and artist representations are provided for illustrative purposes only. All square footage and dimensions are approximate. Before you act on any information you have found on the Site, you should independently confirm any facts that are important to your decision, including without limitation obtaining any exact dimensions by retaining the services of a professional architect or engineer. The information contained on the Site is not intended to be comprehensive, and may not be accurate, up-to-date or applicable to any particular case. IF YOU RELY ON ANY INFORMATION, CONTENT OR SERVICE AVAILABLE THROUGH THE SITE, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY INFORMATION, CONTENT OR SERVICE FROM THE SITE. NO MEMBER OF THE UPTOP GROUP CAN ACCEPT ANY LIABILITY FOR ANY INACCURACIES OR OMISSIONS IN THIS SITE. Indemnification. By choosing to use the Site, unless otherwise expressly agreed to by UPTOP, you agree to indemnify, defend and hold harmless the UPTOP Group from any and all claims or damage, including attorney’s fees, arising out of or related to: (1) Content you choose to submit, post or transmit through the Site; (2) your use of or connection to the Site; (3) your violation of these Terms; or (4) your violation of any rights of another. Limitation of Liability. To the extent permitted by applicable law, no member of the UPTOP Group shall be liable to you or any other third party for any direct, indirect, incidental, special, punitive or consequential damages arising out of your access to or use of the Site or any information contained in it, or your inability to gain access to or use the Site, or any breach of any warranty, even if UPTOP has been advised of the possibility of such damages. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICE. Except as otherwise provided in these Terms, UPTOP will give you any notices, and you hereby authorize UPTOP to send notices (including notice of subpoenas or other legal process, if any), via electronic mail to the email address that we have on record for you. You will be considered to have received a notice when sent by UPTOP via electronic mail, whether or not received by you. UPTOP may provide notice to any email or other address that you provide to us. You must keep your address current and any notice sent by UPTOP to the address that you have most recently provided is effective notice. Any notice you provide to us must be sent by mail to UPTOP 1460 Broadway, New York, NY 10036, Attn: Frank Barletta. The Fair Credit Reporting Act allows you to obtain a disclosure from every credit reporting agency of the nature and substance of all information in your personal files at the time of the request. Full disclosure of information in the User’s file at Experian must be obtained directly from Experian by calling 888-397-3742 or logging on to www.experian.com/consumer. The credit report that you request from the UPTOP platform (“Reseller”) is not intended to constitute the disclosure of Experian information required by the Fair Credit Reporting Act or similar and relevant state laws. User’s Rights: a. User is entitled to receive a disclosure directly from the consumer reporting agency free of charge under the following circumstances:
  • You have been denied credit, insurance or employment within the past sixty (60) days as a result of your credit report.
  • You certify in writing that you are unemployed and intend to apply for employment in the 60-day period beginning on the date on which you made the certification.
  • You are a recipient of public welfare assistance.
  • You have reason to believe that your file at the agency contains inaccurate information due to fraud.
  • Annually at www.annualcreditreport.com. Otherwise, the consumer reporting agency may impose a reasonable charge for the disclosure.
b. The Fair Credit Reporting Act permits you to dispute inaccurate or incomplete information in your credit file. You hereby agree that accurate information cannot be altered. c. You do not have to purchase credit reports or other information from UPTOP to dispute inaccurate or incomplete information in your Experian file or to receive a copy of your Experian consumer credit report. d. Experian’s National Consumer Assistance Center provides a proprietary consumer disclosure that is different from the consumer credit report provided by UPTOP. The disclosure report must be obtained directly from Experian. Consumers residing in the States of Colorado, Massachusetts, Maryland, New Jersey and Vermont may receive a free copy of their consumer credit report once per year and residents of the State of Georgia may receive two copies per year. e. Fraud alerts are available to any eligible consumers free of charge from a national consumer reporting agency, f. You have the right to purchase a consumer credit score directly from Experian. Prior to the disclosure of any VantageScore to any User, UPTOP shall provide notice to the User substantially similar to the following: The UPTOP Services utilize the VantageScore® credit score. The VantageScore credit score may or may not be used by Report Subject’s lenders and is not an endorsement or guarantee of Report Subject’s credit worthiness as seen by lenders. Please be aware that there are many scoring models used in the marketplace. Each scoring model may have its own set of factors and scale. The information and credit scoring may be different than that used by a lender. The VantageScore credit score may not be identical in every respect to any other credit score produced by another company or used by Report Subject’s lender. Report Subject’s VantageScore credit score is calculated using Report Subject’s actual data from Report Subject’s credit file at the time of (Reseller)’s request. Keep in mind, however, that other factors, such as length of employment and annual salary, are often taken into consideration by lenders when making decisions about Report Subject. How each lender weighs its chosen factors may vary, but the exact formula used to calculate Report Subject’s score is proprietary. Also note that each consumer reporting agency has its own set of data, resulting in a separate VantageScore credit score for each of Report Subject’s credit files. You agree to request VantageScore credit scores only for your use alone for the purposes certified to (Reseller) and for no other purpose or use. All VantageScore credit scores provided hereunder will be held in strict confidence and may never be sold, licensed, copied, reused, disclosed, reproduced, revealed or made accessible, in whole or in part, to any person except as required by law or as otherwise set forth in your agreement with (Reseller). VantageScore® is owned by VantageScore Solutions, LLC. In general – Subject to subsection (c) of the FCRA § 60, any consumer reporting agency may furnish a consumer report under the following circumstances and no other: In accordance with the written instructions of the consumer to whom it relates. BY ACCEPTING THE TERMS IN THIS, YOU ARE PROVIDING PROOF THAT YOU HAVE READ AND UNDERSTAND THE FCRA REQUIREMENTS FOR CREDIT REPORTING AND ALLOW UPTOP ACCESS TO YOUR CREDIT REPORT ON YOUR BEHALF. FOR ADDITIONAL INFORMATION, PLEASE VISIT http://www.consumer.ftc.gov/articles/pdf-0111-fair-credit-reporting-act.pdf THE PURPOSE OF THE UPTOP APPLY SERVICE IS TO FACILITATE THE TRANSFER OF THE CREDIT REPORT AND OTHER INFORMATION SECURELY BETWEEN A POTENTIAL TENANT AND LANDLORD/PROPERTY OWNER FOR THE PURPOSE OF SCREENING THE TENANT FOR A POTENTIAL RENTAL APARTMENT. UPTOP CLIENTS (TENANTS AND LANDLORDS/PROPERTY OWNERS) ARE STRICTLY FORBIDDEN FROM RESELLING THE CREDIT REPORT TRANSFERRED DURING THIS PROCESS. ALL USERS AGREE TO THESE TERMS. YOU HAVE READ AND UNDERSTAND THE FCRA REQUIREMENTS FOR CREDIT REPORTING AND ALLOW UPTOP ACCESS TO YOUR CREDIT REPORT ON YOUR BEHALF. FOR ADDITIONAL INFORMATION, PLEASE VISIT http://www.consumer.ftc.gov/articles/pdf-0111-fair-credit-reporting-act.pdf Changes to Terms. At any time and for any reason, UPTOP may change or update these Terms, which include the Privacy Policy and any other agreement that is incorporated by reference into these Terms, without notice to you. Any change or update made by us will be prospective only. You can always find the most recent version of the Terms here. In case of inconsistencies between these Terms and any materials provided off-line, absent express declarations by UPTOP to the contrary, these Terms will always control. Your Obligation to Stay Current. We encourage you to check back regularly to review these Terms. Changes to Service. We reserve the right to modify or discontinue, and restrict or block access to, the Service without notice to you. We may modify or remove any Content from the Service at any time without notice to you, including removal of Content that we believe to be obscene, lewd, lascivious, excessively violent, harassing, or otherwise objectionable. We are not liable for any such modification, suspension, discontinuance or removal, and any such action by us will not affect UPTOP’s license to your Content. Agreement to Conduct Transactions Electronically. All of your transactions with or through the Site may, at our option, be conducted electronically from start to finish. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you. Interpretation. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect. As used in these Terms, the words “include” and “including” are meant to be illustrative and not exhaustive. Third Party Rights. These Terms are for the sole benefit of UPTOP, our officers, directors, employees, affiliates and agents. No other person, including any user of the Site, shall have the right to assert a claim under these Terms. Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full effect, provided that the allocation of risks described in these Terms is given effect to the fullest extent possible. Assignment. These Terms are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of UPTOP. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of UPTOP will be null and void. UPTOP has the right to transfer, assign and delegate these Terms to one or more third parties without your permission. Export Limitations. This Site is controlled by us from our offices in the United States of America and is directed to U.S. users. If you access the Site from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of U.S. export laws and regulations or the Terms. Jurisdiction; Choice of Law; Waiver of Jury Trial. These Terms and all performances and claims of every nature between us are governed by the laws of the State of New York, U.S.A., without regard to any conflict of laws principles that would result in the application of the law of a different jurisdiction. You and UPTOP submit to the exclusive personal jurisdiction and venue of the state and federal courts located within the City of New York. The parties hereto waive any right to request a trial by jury. Limitations on Actions. Any action concerning any dispute with respect to the Site must be commenced within one year after the cause of the dispute arises, or the cause of action is barred. Entire Agreement. These Terms comprise the entire agreement between you and UPTOP with respect to the use of the Site and supersede all contemporaneous and prior agreements between the parties regarding the subject matter contained herein. No Waiver. The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party’s right to act with respect to subsequent or similar breaches. Third Party Vendor. Our website and contact center may be staffed by a third-party vendor to support, screen, and answer telephone, email, text, and internet customer inquiries about UPTOP Properties and Agents. Any information collected is confidential and is not shared with any other parties. Notice Regarding Trademarks. The Site includes certain trademarks and service marks owned by UPTOP, its affiliates and others. You agree not to use these trademarks or service marks in any manner without the express written permission of the owner. You further agree that you will not alter or remove any copyright, trademark or other legal notice from any Content. Notice Regarding Copyrights. UPTOP respects the intellectual property rights of others and requests that users of the Site do the same. In accordance with the Digital Millennium Copyright Act of 1998 (DMCA), if you believe that your work is being used on the Site in a way that constitutes copyright infringement, you may notify us at UPTOP 1460 Broadway, New York, NY 10036. Please provide the following information:
  • the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
  • . identification of the copyrighted work that you claim has been infringed;
  • identification of the material that is claimed to be infringing and information reasonably sufficient to permit UPTOP to locate the material (for example, by providing a URL to the material);
  • your name, address, telephone number and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
It is our policy to terminate in appropriate circumstances any Account or user for infringement of intellectual property rights, including copyrights. UPTOP may access, preserve and disclose to third parties any of your information or data (including personally identifiable information and private communications) related to a written complaint of copyright infringement if we believe in our sole discretion that such access, preservation, or disclosure is necessary or useful to respond or otherwise address such complaint. Notice of Availability of Filtering Software. Minors are not authorized to visit our Site. We do not believe that the Site contains materials that would typically be the subject of filtering software. Nevertheless, all users are hereby informed that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children’s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies). No Harvesting or Dictionary Attacks Allowed. We will not give, sell, or otherwise transfer addresses maintained by us to any other party for the purposes of initiating, or enabling others to initiate, electronic mail messages except as authorized by law or appropriate personnel or policies. Except for parties authorized to have such addresses, persons may violate federal law if they: (1) initiate the transmission to our computers or devices of a commercial electronic mail message (as defined in the U.S. "CAN-SPAM Act of 2003") that does not meet the message transmission requirements of that act; or (2) assist in the origination of such messages through the provision or selection of addresses to which the messages will be transmitted. Except as otherwise provided in these Terms, UPTOP will give you any notices, and you hereby authorize UPTOP to send notices (including notice of subpoenas or other legal process, if any), via electronic mail to the email address that we have on record for you. You will be considered to have received a notice when sent by UPTOP via electronic mail, whether or not received by you. UPTOP may provide notice to any email or other address that you provide to us. You must keep your address current and any notice sent by UPTOP to the address that you have most recently provided is effective notice. Any notice you provide to us must be sent by mail to: UPTOP 1460 Broadway, New York, NY 10036; Attn: Frank Barletta. You acknowledge and agree that these Terms of Service, and the other policies, terms, guidelines and rules referenced herein, constitute the entire and exclusive agreement between UPTOP and you regarding the Site, and supersede and replace any prior agreements between UPTOP and you regarding the Site. You further acknowledge and agree that each time you visit the Site, you: (i) expressly waive any prior rights you may have obtained from any contract to access or use the Site; (ii) re-affirm your commitment to abide by these Terms of Service, including any new provisions that have been added since the last time you accessed the Site; and (iii) signify your agreement that the current terms in UPTOP’s Terms of Service supersede all prior Term of Use or terms of service in effect when you accessed the Site, such that each time you access the Site, you form a new agreement with UPTOP that applies to your access to the Site. If a dispute arises between you and UPTOP, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and UPTOP agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with the subsections below or as we and you otherwise agree in writing. In the event that either party to these Terms of Service has a dispute relating to or arising from these Terms of Service or the use of the Site or Mobile App, it must immediately notify the other party in writing giving details of the dispute. If the parties cannot resolve the dispute within fourteen (14) days of receipt of the notice provided for above, the dispute will then be submitted to mediation by a mediator agreed to by the parties, or failing agreement, appointed by Judicial Arbitration and Mediation Services, Inc. ("JAMS") at the request of either party. If the matter is not resolved by mediation within fourteen (14) days from there, the matter will be submitted for arbitration in accordance with the Federal Arbitration Act (9 U.S.C. § 1 et seq.), by a single arbitrator to be appointed by the parties or, failing agreement, appointed by JAMS at the request of either party. The arbitrator shall not have the power to maintain class action or class-wide procedures or provide either party with class-wide relief. Any such mediation or arbitration shall take place in New York, New York. Unless the parties agree otherwise, English shall be the sole language of all such proceedings. This arbitration provision shall survive termination of this Agreement. YOU HAVE A RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE AS DESCRIBED BELOW. UNLESS YOU OPT OUT OF ARBITRATION, YOU AND WE ARE WAIVING (i) THE RIGHT TO HAVE OUR DISPUTE HEARD BEFORE A JUDGE OR JURY, OR OTHERWISE TO BE DECIDED BY A COURT OR GOVERNMENT TRIBUNAL, and (ii) ANY ABILITY TO ASSERT OR PARTICIPATE ON A CLASS OR REPRESENTATIVE BASIS IN COURT OR IN ARBITRATION. ALL DISPUTES, EXCEPT AS STATED BELOW, MUST BE RESOLVED BY BINDING ARBITRATION WHEN EITHER YOU OR WE REQUEST IT. You have the right to opt out of this agreement to arbitrate by sending written notice to UPTOP 1460 Broadway, New York, NY; Attn: Frank Barletta, within 30 days of first accepting these Terms of Service. Otherwise, this agreement to arbitrate will apply without limitation. After we receive notice that you have commenced arbitration, we will reimburse you for your payment of the filing fee up to $300. For claims less than $75,000 that you win in arbitration, we will reimburse you for any fees paid to the arbitration organization and/or arbitrator. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the JAMS Comprehensive Arbitration Rules and Procedures (the "Rules"). In such case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the Rules. Arbitration relating to claims of $75,000 or greater shall be governed by the Rules with regard to payment of fees. If you consider that you are unable to afford any fees that would be yours to pay, you may request that we pay or reimburse them, and we will consider your request in good faith. Notwithstanding the foregoing, either party may bring an individual action in small claims court, if the claim is in that court's jurisdiction and proceeds on an individual, and not class-wide, basis. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. The arbitration shall be kept confidential by both parties, and either party may seek injunctive relief before the United States District Court for the Southern District of New York or the state courts of New York County, New York for the limited purposes of: (i) securing compliance with this arbitration provision pursuant to the Federal Arbitration Act; and (ii) enforcing the confidentiality of the arbitral proceedings. BY AGREEING TO THIS ARBITRATION PROVISION, EACH PARTY UNDERSTANDS THAT BOTH YOU AND WE ARE WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. BOTH PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS THE PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. If these terms relating to class or representative procedures are legally unenforceable for any reason with respect to a claim, then this agreement to arbitrate will be inapplicable to that claim, and the claim will instead be handled through litigation in court, rather than by arbitration, on the terms below. The arbitrator will have the power to award to a party any damages or other relief provided for under applicable law, with the exception of punitive damages to which neither party will be entitled. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator's decision will be final and binding on the parties. A party can file a written appeal to the arbitration administrator within 30 days of award issuance. The appeal must request a new arbitration in front of three neutral arbitrators designated by the same arbitration administrators. The panel will reconsider all factual and legal issues, following the same rules of procedure, and will make decisions based on majority vote. Any final arbitration award will be binding on the named parties and enforceable by any court having jurisdiction. Subject to the foregoing, all disputes arising out of or related to these Terms or your use of UPTOP shall be governed by, construed and enforced in accordance with the laws of New York, without giving effect to any principles of conflicts or choice of law. If the mandatory arbitration provisions above do not apply to any dispute relating to or arising from these Terms of Service or the use of the Website or Mobile App for any reason, such dispute shall be submitted to and resolved solely in the state or federal courts located in New York, New York without jury trial. Both parties hereby consent to the personal jurisdiction of these courts and waive any objection (including of inconvenient forum) to these courts hearing such disputes. No other court, whether state or federal, may hear any such complaint or dispute. BY ACCESSING AND/OR USING THE SERVICE, YOU IRREVOCABLY SUBMIT TO SUCH EXCLUSIVE JURISDICTION AND VENUE AND AGREEMENT TO WAIVE JURY TRIAL. This arbitration agreement shall be construed broadly to encompass any and all possible claims between you and UPTOP that are even tangentially related to the contractual relationship created by these Terms of Service. If you are a California resident, in accordance with California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. Subject to the restrictions in these Terms of Service, UPTOP hereby authorizes you to view, copy, download and print a single copy of the information and data available on liveuptop.com, provided that: (1) the Content is used solely for personal, non-commercial purposes; (2) the Content is not modified, republished, or redistributed; and (3) all copyright, trademark, service mark and other proprietary notices are reproduced as they appear in any such Content. Without limiting the generality of the foregoing, as a Renter, you are only permitted to use liveuptop.com to search for properties, communicate with advertisers/Landlords, and utilize other rental-related services offered by us. Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark or copyright of UPTOP. The Services may not be compatible with your mobile device or carrier. Further, your use of the Services may be subject to the terms of your agreements with your mobile device manufacturer or your carrier. You may not use a modified device to use the Services if the modification is contrary to the manufacturer’s software or hardware guidelines, including disabling hardware or software controls—sometimes referred to as “jail broken.”

Marketplace

The UpTop Marketplace provides free lead generation to landlords and property managers. Prospective renters are driven to the marketplace to search for current or future vacancies from where they can contact landlords and property managers directly via the UpTop platform. The marketplace lowers acquisition costs by providing relevant real-time traffic to rental units.


Prospects

Our platform allows landlords and property managers to communicate directly with prospects throughout the rental process. There is no more wasted time going back and forth trying to set appointments and convert leads. The UpTop platform simplifies the conversion process assisting leasing teams.


Screening

Send prospects customized electronic applications that can be completed on any device. Evaluate your prospective tenants by utilizing the UpTop screening feature 
as part of your rental process. Background screenings are conducted and sent to 
the landlords and property managers 
for review.


Leasing

The leasing feature allows landlords and property managers to upload their own leases and the ability to send to prospects for electronic lease execution via e-Sign. This feature enables leasing teams to close deals faster and limit the paperwork at no-cost. All executed leases are saved within the UpTop platform, so that all parties can review and reference at any time.


Accounting

Landlords and property managers can collect rent electronically directly into the bank accounts of their choice, absolutely free. The platform allows landlords and property managers to create and schedule monthly invoices which can include any charges. Once payments are received, the UpTop team will ensure that they are reconciled within landlord and property manager’s accounting software.


Maintenance

The UpTop maintenance feature allows tenants to report issues and requests directly to the landlord and property managers so that action can be taken to remedy the tenant’s requests. UpTop’s platform tracks all requests and ensures all parties receive notifications and records throughout the process.


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Why You'll Love us

No Contracts

Abosolutely no long term contracts or subscriptions .We make money from any payment processing. Landlords are not charged anything and no costs are deducted from rent roll.

It’s Free

We make money from any payment processing. Landlords are not charged anything and no costs are deducted from rent roll.

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What We’ll Need From You

To prevent fraudulent listings, we require some information for verification purposes such as entity information and bank account information.

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