Last updated: June 1, 2017
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS AS WELL AS A SECTION GOVERNING THE JURISDICTION AND VENUE OF DISPUTES. THESE TERMS OF SERVICE ALSO CONTAIN AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT AFFECTS HOW DISPUTES WITH OUR COMPANY MAY BE RESOLVED. BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY SAID PROVISIONS.
Information about us
PopUpGenius.com is owned and operated by Coin Funding LLC. (hereafter referred to as "Pop Up Genius ", “The Company,” "we", "us", or "our"). Pop Up Genius is an online marketplace connecting commercial spaces with commercial projects. Pop Up Genius offers a website facilitating short-term commercial rentals between landlords and tenants. Pop Up Genius is not itself a party to any such rental transaction and is not a contracting agents or representatives of any Landlords and as such disclaims all liability arising from or related to any such transactions to the fullest extent permitted by law.
Pop Up Genius collects and transfers payment from the Tenant to the Landlord and solely acts on behalf of a Landlord for collecting payment. The commercial spaces available on our website are not operated by Pop Up Genius . Pop Up Genius only acts as an intermediary. The site allows users to connect, agree on applicable terms and then enter into a comprehensive, legally-binding license agreement to users’ particular needs.
Terms of Service for Services and Content
The terms and conditions laid out below set out the use of our services, including our various other websites, APIs, email notifications, applications buttons, widgets collectively known as “Services”. Information, text, graphics, photos or other materials uploaded, downloaded or appearing on the website will be collectively referred to as Content. Your use and access of the Services and Content signifies your acceptance of these Terms of Service and agreement to be bound by them and any and all other applicable terms herein referenced.
By using our Service you agree and understand that Pop Up Genius is not involved in any agreements entered between Members (Landlords and Tenants).
Pop Up Genius has no control over the conduct of Members and other users of its service and disclaims all liability in this regard to the maximum extent permitted by Law.
We reserve the right, at our sole discretion, to change these Terms of service and applicable conditions at any time. Members are advised to review these Terms on a regular basis to keep informed of any changes.
Other Applicable Terms
Conditions of Use
You hereby agree that you will not:
If you (“landlord”) use the Services on behalf of a company or other organization, you represent and warrant that you are authorized to bind such company or organization to these Terms and to act on behalf of such company with respect to any actions you take in connection with the Services and, in such event, “you” and “your” will refer and apply to that company or other legal entity. You agree to respond promptly and completely to requests from Pop Up Genius for additional information that Pop Up Genius deems necessary to determine your authority to act on behalf of a company or organization. Pop Up Genius may suspend or terminate your access to the Services and your account if Pop Up Genius has reason to believe that you are not authorized to act on behalf of a company or organization for whom you claim to be acting in connection with the Services.
As a landlord, you may create Listings. You will be required to provide information about the commercial space to be listed including location, capacity, size, features, availability of the commercial space, pricing and related rules and financial terms. Listings will be made publicly available via our Website, Phone Application and Services. Other tenant Members will be able to book your commercial space via the Website, Phone Application and Services based upon the information provided in your Listing. You understand and agree that once a tenant requests a booking of your commercial space, the price for the booking may not be altered. By creating a Listing you represent and warrant you have sufficient rights in and to the commercial space to participate in the Service as a landlord, and your participation in the Service as a landlord will not violate 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 and that any space you offer for bookings hereunder is (i) free of any known conditions or defects that would pose a hazard to or risk the safety of any tenant Member; (ii) clean and ready to use at the start of each booking period; (iii) in a safe condition and in compliance with law and any applicable building requirements; (iv) does not violate any lease or other agreements relating to space or any building policies, and you are solely responsible for and shall indemnify Pop Up Genius against any fines, losses or other liability arising from such violations; the commercial space will be available to the tenant Member as agreed between you and the tenant Member.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you further represent and warrant that any Listing you post and the booking of, or Customer booking of, a commercial space in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any commercial space included in listing you post, and (b) not conflict with the rights of third parties. Please note that Pop Up Genius assumes no responsibility for a Landlord’s compliance with any applicable laws, rules and regulations. Pop Up Genius reserves the right, at any time and without prior notice, to remove or disable access to any listing for any reason, including listings that Pop Up Genius , in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to our Website, Phone Application or Services.
You understand and agree that Pop Up Genius does not act as an insurer or as a contracting agent for you as a Landlord. If a tenant requests a booking of your commercial space and attends at your commercial space, any agreement you enter into with such tenant is between you and the tenant and Pop Up Genius is not a party thereto. Notwithstanding the foregoing, Pop Up Genius serves as the limited authorized agent of the landlord for the purpose of accepting payments from tenant on behalf of the landlord and is responsible for transmitting such payments to the Landlord. Each landlord is responsible for determining applicable Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in their Listings.
You acknowledge and agree that, as a landlord, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who work at or are otherwise present at the commercial space at your request or invitation. Pop Up Genius recommends that landlords obtain appropriate insurance for their commercial spaces. Please review any insurance policy that you may have for your commercial space carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including whether or not your insurance policy will cover the actions or inactions of tenants (and the clients the tenants invite to the commercial space, if applicable) while at your commercial space.
By using our Website, Phone Application, Services you agree that:
You do further acknowledge that your use of the commercial Spaces through Pop Up Genius constitutes a limited, non-exclusive, non-transferable license on the terms set out herein. You hereby agree that if you use us as an agent for booking you a space, you will appoint us fto be your agent for all further bookings going forward in New York City.
Tenants can cancel their booking accordingly to the cancellation policy that has been selected with the Landlord. In the event a Tenant cancels, Pop Up Genius shall transfer to you the monies collected by Pop Up Genius from such Tenant, minus Pop Up Genius ’s charges and penalty fee, in accordance with your selected cancellation policy. Landlords, should not cancel a confirmed booking. If however, exceptional circumstances require you to cancel a booking, please notify Pop Up Genius for assistance whilst also communicating the cancelation with the Tenant. When a cancellation is confirmed, Pop Up Genius will refund your Tenants and you will receive no payment for the concerned booking. Pop Up Genius might, at its discretion, delist your commercial space following a cancellation.
Pop Up Genius has the right to cancel any booking at any time for security or fraud-protection purposes. This is generally due to our fraud-detection processes reporting a problem with the payment card submitted. In such cases the cancellation policy will not apply and you will receive no payment for the cancelled booking.
Changes to our Services
The Services that we provide are always evolving and the form and nature of the Services that we provide may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time and without prior notice to you.
We make no representations, warranties or guarantees, whether express or implied that our Services or any content on our site is accurate, complete or up-to-date.
Accessing our Services
We do not guarantee that our Services, or any content, will always be available or be uninterrupted. Access to our Services is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Services without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Services. You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these Terms of Service and other applicable terms and conditions, and that they comply with them.
Pop Up Genius provides the Service as a platform and its responsibilities are limited to: (i) facilitating the availability of the Site, Mobile Software and the Service to allow Members and Landlords to transact and communicate directly with one another, and (ii) serving as a limited payment collection agent. Pop Up Genius does not take part in Tenants- Landords’ transactions or communications, other than to the limited extent set out in these Terms of Service. Each Member is solely responsible for assessing the suitability of any commercial space it is considering using. Pop Up Genius has no control over the quality, suitability or availability of any commercial space, or over the reliability, integrity or conduct of any Member.
If the Platform or this Agreement provides professional information or recommendations (for example, legal, insurance, financial or real estate), such information is for informational purposes only and should not be construed as professional advice. No decision or other action should be made on the basis of such information and no fiduciary or other privileged relationship exists between you and Pop Up Genius . Pop Up Genius recommends that you seek the advice of a licensed professional qualified to provide advice in such areas.
Your account and password
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must treat such information as confidential. You must not disclose it to any third party. Pop Up Genius cannot and will not be liable for any loss or damage arising from your failure to comply with the above. We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Service.
If you know or suspect that anyone other than you knows your password, you must promptly notify us at hello@PopUpGenius.com.
Your license to use the Services Pop Up Genius gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by us as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Pop Up Genius , in the manner permitted by these Terms of Service.
Our Intellectual property rights
All intellectual property rights subsisting in respect of the Services belong to Pop Up Genius or have been lawfully licensed to Pop Up Genius for use in connection with the Services. All rights under applicable laws are hereby reserved. You are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the website itself or create derivative works with respect thereto, as the website is copyrighted under applicable laws.
You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments and other communications and information provided by you to us (Feedback) in connection with the Services and/or your use of the Services without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty- free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for us to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Pop Up Genius for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Such additional uses by Pop Up Genius or other companies, organizations or individuals who partner with Pop Up Genius may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Pop Up Genius will not be responsible or liable for any use of your Content by Pop Up Genius in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
Limited liability and warranty
Please read this section carefully since it limits the liability of Pop Up Genius and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the Entities of Pop Up Genius ). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited. All Information is for your general reference only. We do not accept any responsibility whatsoever in respect of such information.
Your access to and use of our Services is at your sole risk and is provided "as is", "as available" the services are for your personal use only and the entities of Pop Up Genius make no representation or warranty of any kind, express or implied, including, without limitation, any warranties on merchantability or fitness for any particular purpose or non- infringement.
The entire liability of the entities of Pop Up Genius entities and your exclusive remedy with respect to the services or otherwise, is re-performance of defective services. In jurisdictions, which do not allow the exclusion or limitation of certain types of liability, our liability will be limited to the maximum extent permitted by law. Pop Up Genius does not endorse, warrant or guarantee any material, product or service offered through our services or us. Pop Up Genius is not and will not be a party to any transaction between you and any third party.
The Entities of Pop Up Genius shall not guarantee or assume any responsibility that:
Without limiting the generality of the foregoing, in no event will the Entities of Pop Up Genius be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential loss or damages, including any loss of business or profit, arising out of any use, or inability to use, the information or the services, even if any of the Entities of Pop Up Genius has been advised of the possibility of such loss or damages.
You will exercise and rely solely on your own skill and judgment in your use and interpretation of the information and use of the services. You are responsible to ensure that your use of the information and the Services complies with all applicable legal requirements
Without prejudice to the foregoing, if your use of the Services does not proceed satisfactorily and/or where applicable you do not receive appropriate responses to such use from us, as set out in these Terms of Service or otherwise, you are advised to contact us at hello@thePop Up Genius .com No such lack of response shall be deemed to constitute any acquiescence or waiver. The limitation of liability contained in these Terms of Service will apply to the fullest extent permitted by applicable laws.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty and you will be responsible for any loss or damage we suffer as a result of your breach of warranty. Any content you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
The views expressed by other users on our site do not represent our views or values. We do maintain the right to remove any posting you make on our site if, in our opinion, your post does not comply with our content standards. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
Content copyright policy
Pop Up Genius respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user's account if the user is determined to be a repeat infringer. Our address for notice of alleged copyright infringement appearing on the Services is hello@PopUpGenius.com
Use of the Services
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Pop Up Genius its users and the public.
We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should use your own virus protection software.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Pop Up Genius ’s computer systems, or the technical delivery systems of Pop Up Genius ’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), (scraping the Services without our prior consent is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, trojan, worm, logic bomb or other material which is malicious or technologically harmful, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
You may link to our Services provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. We reserve the right to withdraw linking permission without notice.
Third party links
The links from the Services may take you to other sites or services and you acknowledge and agree that Pop Up Genius has no responsibility for the accuracy or availability of any Information provided by third parties services and websites.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Pop Up Genius on the Services are subject to change. In consideration for us granting you access to and use of the Services, you agree that Pop Up Genius and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
Links to other websites and services do not constitute an endorsement by us of such websites or services, or the Information, products, advertising or other materials available made available by such third parties.
You agree to release, defend, indemnify and hold Pop Up Genius , our officers, directors, employees, affiliates, agents and representatives harmless from and against any claims, liabilities, damages, actions, costs and expenses (including without limitation reasonable legal fees and litigation expenses), in connection with or arising out of your breach of any of these Terms of Service and/or your use of our website, application, Service. We may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. No settlement, which may adversely affect our rights or obligations, shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any claim or action.
The illegality, invalidity or unenforceability of any provision of these Terms of Service under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.
If there are two or more persons adhering to these Terms of Service as Member, their liability under the Terms of Service is joint and several, and their rights are joint. Waiver: No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
You may not assign or transfer these Terms, by operation of law or otherwise, without Pop Up Genius ’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Pop Up Genius may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
The Terms of Service will continue to apply until terminated by either you or us as follows in our discretion and without liability to you, with or without cause, with or without prior notice and at any time.
You may end your agreement with us at any time for any reason by deactivating your accounts and discontinuing your use of the Services. You do not need to specifically inform us when you stop using the Services.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms of Service or (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account. In all such cases, any provision of these Terms of Service that expressly or by implication is intended to come into or continue in force on or after termination of this agreement shall remain in full force and effect.
Nothing in this section shall affect our rights to change, limit or stop the provision of the Services without prior notice, as provided above in clause “Changes to Our Services”. Please note that if your Pop Up Genius ’s Account is canceled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Service, including, but not limited to, any reviews or Feedback.
Third party beneficiary
These Pop Up Genius Terms of Service shall not confer any rights or remedies upon any third party person or entity other than the parties.
Unless provided otherwise by Law, any notices or other communications referred or required in these Terms of Service, shall be in writing and given by Pop Up Genius (i) via email to the email address provided to us (the date of receipt being deemed to be the date on which such email was transmitted) or (ii) by online post to the site or mobile application.
Controlling Law and Jurisdiction
These Terms of Service shall be interpreted in accordance with the laws of the State of New York and the United States of America, without regard to its conflict-of-law provisions. You and Pop Up Genius agree to submit to the personal jurisdiction of a state court located in New York County, State of New York or a United States District Court, located in New York City, New York for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
If you reside in the United States, you and Pop Up Genius agree that any dispute or claim arising out of these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof, or to the use of our Services (collectively, "Disputes") shall be exclusively settled by binding arbitration as set forth below, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
You acknowledge and agree that you and Pop Up Genius are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding.
The Federal Arbitration Act shall govern the interpretation and enforcement of these Terms of Services. The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") in effect at the time of the dispute. The AAA Rules are available online at www.adr.org/arb_med or by calling the AAA at 1--800--778--7879. The Federal Arbitration Act shall govern the interpretation and enforcement of this section.
Arbitration Process A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New York and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Pop Up Genius otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Pop Up Genius submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Likewise, Pop Up Genius hereby reserves all its rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration. Pop Up Genius will seek recovery of attorneys' fees and expenses if your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
IF YOU CHOOSE TO USE THE SERVICE, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT POP UP GENIUS DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, TENANTS, LANDLORDS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICES, COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING POP UP GENIUS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. POP UP GENIUS MAKES NO WARRANTY THAT THE SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY COMMERCIAL SPACES, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. POP UP GENIUS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, COMMERCIAL SPACES, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM POP UP GENIUS OR THROUGH THE SERVICE OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY LANDLORDS OR TENANTS. YOU UNDERSTAND THAT POP UP GENIUS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICE OR TO REVIEW OR INSPECT ANY COMMERCIAL SPACES.
POP UP GENIUS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICE.
YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICE, INCLUDING, BUT NOT LIMITED TO, TENANTS, AND LANDLORDS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY POP UP GENIUS .
NOTWITHSTANDING POP UP GENIUS ’S APPOINTMENT AS THE LIMITED AGENT OF THE LANDLORDS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM RENTERS ON BEHALF OF THE LANDLORDS, POP UP GENIUS EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY TENANTS OR OTHER THIRD PARTY.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT, NEITHER POP UP GENIUS , ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS AND REPRESENTATIVES, NOR ANY OTHER PARTY INVOLVED WITH THE SITE, APPLICATION, SERVICES, SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY POPUP SPACE VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT POP UP GENIUS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL POP UP GENIUS 'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY POPUP SPACE VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS OR LEASING A SPACE VIA THE SITE, APPLICATION AND SERVICES, IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO SAID POTENTIAL LIABILITY, OR AS THE CASE MAY BE THE AMOUNTS PAID BY POP UP GENIUS TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR A SUM OF ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE MATERIAL CONDITIONS OF THE BARGAIN FOR EXCHANGE BETWEEN POP UP GENIUS AND YOU.
In case of discrepancies between the English and other foreign language versions of these Terms of Service and contents of this site, the English version shall prevail.
If you have any questions, requests or inquiries on or related to this Agreement, please contact Pop Up Genius at hello@PopUpGenius.com
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Service (“Feedback”). You may submit Feedback by emailing us at hello@PopUpGenius.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Pop Up Genius and you hereby irrevocably assign to Pop Up Genius and agree to irrevocably assign to Pop Up Genius all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein.