Terms of Use

Effective and Last Updated: June 14, 2016


Please read these terms of use ("Terms of Use") carefully as they contain important information regarding legal rights, remedies and obligations as they relate to the website and related services provided by Kinglet, Inc. (“Kinglet”).


Kinglet provides a user submitted Website (the “Website” or “Site”), which includes information about available desks and office space (“Space” or “Spaces”) for license, along with related services that help to connect those with available Space (individually, a "Host") with those seeking one or more available Spaces (individually, a "Guest") (collectively referred to as “Services”). These Terms of Use govern the provision of the Services by Kinglet, including the use of this Website. "You" or "Your" as used herein means the person accepting these Terms of Use and the company with which that person is affiliated or employed. By accessing, using, or participating in any of the Kinglet Services (including this Website), You are agreeing to bind Yourself and Your company to these Terms of Use. If You do not accept these Terms of Use or you do not meet or comply with their provisions, You may not use the Website or participate in any of the Services.


Overview

USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE AND AGREEMENT TO THESE TERMS OF USE.


By accessing this Website you are a User ("User"). Users who register to make Space available shall be referred to as “Hosts,” and Users who register to seek the licensing of Space shall be referred to as “Guests.” The information and services provided by Kinglet are solely for informational purposes and to connect Guests with Hosts, and do not constitute legal, real estate, tax or other professional service or advice. Nothing contained on the Website shall be construed as an offer to sell, lease, or broker real estate.


YOU ACKNOWLEDGE THAT KINGLET DOES NOT CONTROL ALL OF THE USER SUBMITTED CONTENT POSTED BY OTHERS, AND ONLY PROVIDES A SERVICE FOR USERS BY ALLOWING USERS TO ACCESS INFORMATION THAT HAS BEEN SUBMITTED BY OTHERS. KINGLET IS NOT LIABLE FOR THE CONDUCT OF ITS USERS NOR ANY SUBMISSIONS, STATEMENTS, DATA, FIGURES, REPRESENTATIONS, OR USER CONTENT PROVIDED BY USERS ON THE WEBSITE OR IN CONNECTION WITH THE SERVICES PROVIDED BY THE WEBSITE. HOWEVER, KINGLET RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT NOTICE, TO MONITOR, SCREEN, EDIT, OR REMOVE ANY USER SUBMITTED CONTENT AT ANY TIME AND FOR ANY REASON OR FOR NO REASON. KINGLET ASSUMES NO RESPONSIBILITY FOR ANY SUCH USER CONTENT OR FOR THE CONDUCT OF ANY USER SUBMITTING ANY SUCH CONTENT.


IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.


Changes to Terms

Kinglet may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, (ii) the fees, products and/or services as described in this Website, and (iii) these Terms of Use. Any modifications will take effect when posted to the Website. Therefore, each time You access the Website, You need to review the Terms of Use upon which access and use of this Website is conditioned. By Your continuing use of the Website after changes are posted, You will be deemed to have accepted such changes. If the modified terms are not acceptable to You, Your only recourse is to cease using this Website.


Scope of Use and User E-Mail

You are only authorized to view and use the Website for purposes of considering, evaluating, and/or taking the necessary steps to be a Host or Guest. You are only authorized to copy such portions of the postings, information, data (including without limitation, available desk information, text, graphics, software, audio and video files and photos)(collectively the “Content”) of this Website, for Your informational, non-commercial use, provided that You leave all the copyright notices, including copyright management information, or other proprietary notices intact. The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of Kinglet is strictly prohibited.


Except as expressly provided for in the previous paragraph, You may not store, modify, reproduce, transmit, reverse engineer or distribute any portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited.


E-mail and other submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing or submitting any information. Also, please consult our Privacy Policy. You agree not to submit or transmit any e-mails or materials through the Website that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party’s permission or (iv) otherwise violate any applicable laws. Kinglet shall not be subject to any obligations of confidentiality regarding any information or materials that You submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.


Registration

Any User may browse the Website and view certain content without registering, however, in order to access certain features on the Website, Users must register with a valid email address. After registration, Users who post a Space ("Hosts") are then able to list an available Space and Users who request a Space ("Guests") may search and access the details of available Spaces.


Accounts and Security

As part of the registration process, each User will create an account ("Account") with a valid email address and select a password. You shall notify Kinglet of any known or suspected unauthorized use(s) of Your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Your password. You shall be responsible for maintaining the confidentiality of Your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Your Account, at Kinglet’s sole discretion, and You may be reported to appropriate law-enforcement agencies. Kinglet reserves the right to terminate any User’s Account and/or User’s participation in any Services, for any reason.


Definition of Fees

“License Fee” refers to the monthly fee that a Host charges for use of a posted Space;


“Service Fee” refers to the monthly fee that Kinglet receives for providing the Services, is a percentage of the License Fee, and is set by Kinglet in its sole discretion based upon a number of factors related to the Licensed Space;


“Reservation Fee” refers to the one-time payment at the beginning of a License Agreement, is a percentage of the License Fee, and is set by Kinglet in its sole discretion based upon a number of factors related to the Licensed Space


Posting a Space

To post an available Space, Hosts must provide the information required in the List Your Space section, including, location, quantity, monthly License Fee, dates available, minimum License term, available amenities, standard services, and Ground Rules. Hosts must also upload at least four (4) photos of the Space and Premises or building in which the Premises is located. Registered Users will be able to search available Spaces, and submit an Application ("Application") via the Website. Once a Guest submits an Application the License Fee for such Space may not be changed prior to consummation of a License with that Guest. By posting a Space, the Host represents and warrants that any listing posted and the booking of, or Guest license of a Space You post (i) will not breach any lease, sublease, or loan agreement You are a party to or any other agreement You have entered into; and (ii) will comply with all applicable laws, rules and regulations that may apply to any building where a desk is located including zoning laws and state, local, and federal laws governing commercial property, or any other law, rule or regulation which otherwise may restrict the right of a Host to license a Space. Hosts hereby represent and warrant that they have the right, authority or permission to post each Space from either the property owner or authorized agent or representative of the property owner or leasee of the building where the Space is located. Hosts are solely responsible for maintaining the building where the Space is located in safe, clean and habitable condition and in compliance with all laws and any applicable building policies and requirements. Hosts are responsible for their acts and omissions as well as the acts and omissions of their employees, agents, or other individuals who they invite to, or otherwise provide access to, the Host’s Premises. Hosts are expected to take reasonable care to prevent damage to the Space and the Guest’s property. Hosts shall ensure that a Licensed Space is clean and available for use at the beginning of any License term. Kinglet assumes no responsibility for a Host’s compliance with any applicable laws, rules and regulations. Any claims for damages between a Host and Guest shall be solely handled in accordance with the terms of the License Agreement and, except as specifically set forth herein, Kinglet will not be liable for any damages or to compensate any party for any reason related to a License. Hosts agree that any Space posted on the website shall not be listed or advertised on any other website or through any other means while the Space is listed on the Website and during the term of any License for such Space. Kinglet reserves the right to monitor and approve or deny any new or existing Space posting in Kinglet’s sole and absolute discretion.


Requesting a Tour

Guests may submit a Request to Tour an available Space by submitting a Tour Request through the Website. Each Tour Request shall include the following information either through the Website or upon request: the name of the Guest, the name of the person submitting the Tour Request, the name and description of the business if applicable, nature of the work to be performed at the Space, and the quantity of Spaces requested. Once submitted through the Website, the Host shall respond to the Guest, typically within forty-eight (48) hours either approving, denying or suggesting an alternate time to Tour.


Applying for a Space

To Apply for the Space the Guest must provide the following information: i) provide the name of the business, description of the business, website of the business, billing address and valid credit card or other approved electronic payment information; ii) agree to and execute the standard License Agreement between Host and Guest, and iii) pay the Reservation Fee. Kinglet is not liable for any content or omissions contained in the License Agreement and recommends that the Members review the License Agreement and these Terms of Use with a qualified attorney prior to signing the License Agreement. If a Host does not respond to an Application within forty-eight (48) hours, it shall be presumed that the Application is denied unless otherwise noticed by Kinglet or a Kinglet Representative. If the Host approves the Application, the Host and Guest will agree to, without amending, the License Agreement between Host and Guest, containing the terms and agreements of the license (the "License" or "License Agreement") and finalize the License of the Space. The Reservation Fee, monthly License Fees and Service Fees are non-refundable upon payment to Kinglet.


Payment of Security Deposit

If a listing notes that a security deposit may be required, the Guest may be required to post one month’s license fee as security deposit. Payment of security deposits shall be at the Host’s sole discretion and collected directly by Host on the first day of occupancy of the Guest’s space.


Payment of Monthly License and Service Fees

Beginning on first day of each month of the License term, the Guest shall be automatically charged for that month’s License Fee and Service Fee. If the Guest’s payment is declined, denied or otherwise not paid on the first day of a month, the Host and Guest will receive notice of such delinquency, and the Guest will have forty-eight (48) hours from receipt of the notice to arrange for payment through an alternate means. If payment is not made within such forty-eight (48) hours, the Host may terminate the License Agreement by providing notice to the Guest and the Guest shall vacate the Space immediately. If payment is not made before the end of the fifth (5th) day after receipt of the notice, the License Agreement shall automatically terminate and the Guest shall vacate the Space immediately.


Guest Fee Payment Processing

To pay the Reservation Fee, as well as the ongoing monthly License Fee and Service Fee, Guests will use Kinglet’s third-party payment processor. Guests agree to pay Kinglet for any fees due hereunder and under any License Agreement in accordance with the terms of the License Agreement and these Terms of Use. Each Guest hereby authorizes the collection of such amounts by charging the credit card provided or other approved electronic payment as part of the Application process and entering into a License via such third-party online payment processor. By using such third-party payment processor, Guests may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Guests are responsible for reviewing the terms and conditions and privacy policy of any third-party processor before using the services.


Host Financial Terms and Fees

Hosts will receive 100% of all License Fees collected by Kinglet except if a refund is due to the Guest. Hosts are not required to pay any fees for posting a Space. Any License Fees collected by Kinglet for the benefit of a Host shall be remitted to the Host on the day such fees are collected by Kinglet. If a License is terminated for non-payment, Kinglet will reimburse the Host an amount equal to the pro-rated License Fee for the days the Guest remains in the Space without the License Fee being paid for a period of up to thirty (30) days, provided that the Host diligently pursues the removal of such Guest immediately following the License termination. Hosts agree that all fees paid by a Guest for a Space licensed through the Website shall be made through Kinglet or its payment processor and if any Host receives any payment outside of or in circumvention of the Kinglet platform, Kinglet will immediately terminate the Host’s account. If a Host wishes to license additional Spaces to a Guest during the term of a License, a new Application must be submitted by the Guest and approved by the Host pursuant to the terms set forth herein.


Appointment of Kinglet as Limited Agent

Each Host hereby appoints Kinglet or its assignee as Host’s limited agent solely for the purpose of collecting payments made by Guest for the benefit of the Host. Each Host further agrees that a payment of License Fees made by a Guest to Kinglet shall be deemed the same as a payment made directly to the Host and the Host agrees to make the subject Space or Spaces available to the Guest in the agreed upon manner as if the Host had received payment directly. By accepting payments of License Fees for a Host or by Kinglet’s appointment as the limited authorized agent of the Host, Kinglet assumes no liability for the acts or omissions of the Host.


License Termination

A monthly License may be terminated by either Host or Guest upon thirty (30) days written notice to the other party through the Website. If the termination date occurs on any day other than the last day of a month, the Guest will be charged a prorated amount of the License Fee paid for that partial month. Licenses of an initial License term greater than one (1) month (3, 6, or 12 month Licenses), except as otherwise provided herein, may be not be terminated by either party prior to the end of the initial License term. If a License with an initial License term greater than one (1) month (3, 6, or 12 month Licenses) is not terminated by either party thirty (30) days prior to the end of the initial term, the License will renew automatically on a month to month basis until terminated or revoked by either party as provided herein. A License may also be revoked by a Host at any time if a Guest fails to adhere to the Host’s Ground Rules (which are set forth in Exhibit A of each License Agreement) or any other term of the License Agreement. In such event, the Host shall reimburse the Licensee a prorated amount of any License Fees paid for the remainder of the month and provide Licensee a reasonable period to remove the Guest’s personal property from the Host’s premises. Service Fees are non-refundable upon payment to Kinglet.


Non Circumvention

Kinglet provides unique and valuable services. Each User, Host and/or Guest agrees that it will not use Kinglet Services, including this Website, and then attempt to circumvent, bypass, or otherwise avoid or reduce the Service Fee (or aid anyone in doing so), including without limitation, by working directly with any User, Host and/or Guest outside the Kinglet Service for work space. Accordingly, Kinglet shall be entitled to the Service Fee if a User, Host and/or Guest enter into a business relationship for work space at any time during the twelve (12) month period after use of the Kinglet Services, whether or not such relationship is direct or through the Kinglet Website, for as long as such User, Host and/or Guest work with each other for work space. Each User, Host and/or Guest further agrees that Kinglet shall be entitled to the Service Fee during the Term of any License Agreement, and to the extent a Guest works again with Host for work space during the twelve (12) month period following the termination of any License Agreement. Each User, Host and/or Guest agrees that, for purposes of any disputes related to this non-circumvention clause, the burden shall be on the User, Host and/or Guest to conclusively prove that it had contact regarding work space with a User, Host and/or Guest independent of, and prior to, learning of such User, Host and/or Guest through Kinglet Services. All Users, Hosts and Guests acknowledge and agree that Kinglet may access, preserve and disclose any User, Host and/or Guest information that it deems necessary to enforce any of these Terms of Use and/or defend claims asserted against Kinglet; the foregoing shall be in addition to (not in place of) the terms provided for in Kinglet’s Privacy Policy.


Taxes

Hosts are responsible for determining, calculating, and paying any applicable state and local taxes due as a result of the use of the Website, entering into a License and/or payment of the License Fees. Hosts agree that they are solely responsible for determining the nature and amount of all taxes to be collected with any License Fee and any obligations You may have for withholding or remitting taxes to relevant taxing authorities. Hosts shall provide an IRS Form W-9 if requested.


Duties of Guests

Guests are responsible for their own acts and omissions and are also responsible for the acts and omissions of any employees, agents, or other individuals who Guests invite to, or otherwise provide access to, the Host’s Premises and Guests are responsible for any damage they cause to the Space or the Host’s Premises. Guests are also responsible for adhering to all of the Host’s rules and regulations including the House Rules contained in the License Agreement. Guests agree not to use the Space or Premises for any unlawful activities or use the Space in violation of any law. Any claims for damages between a Host and Guest shall be solely handled by the Host and Guest and Kinglet will not be liable for any damages or to compensate any party for any reason related to a License.


Insurance

Each User hereby acknowledges and agrees that Kinglet is not required to provide insurance against damage to any Host or Guest or Host or Guest property. Kinglet recommends that Hosts consult with their insurance agent or advisor to obtain adequate property and general liability insurance covering the Host’s property and any liability arising as a result of a License. Kinglet recommends that Guests consult with their insurance agent or advisor to obtain adequate property and general liability insurance for their property and any liability arising as a result of a License.


No Endorsement

Kinglet provides a platform that enables Hosts and Guests to search, locate, license and occupy available desks. Kinglet does not evaluate the veracity or quality of any Host or Guest and makes no endorsement as to the quality or character of any Host or Guest or any Space. Hosts and Guests hereby represent and warrant that by using the Website and entering into a License Agreement, that they have investigated the parties to the transaction and evaluated the transaction fully without any influence or reliance of Kinglet or the Website. Users hereby agree that all communications and transactions between Users are solely between such Users and Kinglet shall have no responsibility or liability in any manner with regard to any loss, damage or claims arising from such communication or transaction. Users acknowledge that Kinglet does not perform background checks or other screening of Hosts and/or Guests, and any evaluation on the suitability of Host and/or Guests are the responsibility of Users.


User Submitted Information

As a User of the Website, You agree to be solely responsible for any data, postings, information, text, photos, videos, graphics, code, or other content or materials (the "User Submitted Content") that You contribute, post, submit, verify, publish, display or link to on the Website. You acknowledge that You own, are solely responsible or otherwise control all of the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate these Terms of Use and will not cause injury to any person or entity; and that You will indemnify and hold harmless Kinglet or its affiliates for all claims resulting from content You supply. You agree not to contribute, post, submit or link to any User Submitted Content or material that infringes, misappropriates or violates the rights of any third party, including without limitation the copyright, trademark, trade secret, patent, confidentiality, publicity, privacy or other intellectual property rights of any third party, or that is in violation of any Federal, State or municipal law, rule or regulation, including Federal Fair Housing Laws. You also agree not to post, contribute, submit or link to any User Submitted Content that is defamatory, obscene, indecent, protected, harassing, threatening, inflammatory, or fraudulent or that is malicious, false or misleading.


Kinglet hereby acknowledges that if You submit any information or images, then You shall retain any applicable ownership rights that You personally may have with respect to the information and images submitted. You understand that all such User Submitted Content, however, whether publicly posted or privately transmitted, is Your sole responsibility and You, and not Kinglet, are fully responsible for all such content. Kinglet is not obligated to post or make available to the public any User Submitted Content and may remove any such content at any time in Kinglet’s sole discretion.


You hereby agree that by providing User Submitted Content to the Website, You are granting Kinglet a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Kinglet may sublicense its rights through multiple tiers of sublicenses. You agree that any User Submitted Content that you contribute or submit to Kinglet may be modified, copied, published or redistributed through the internet and other media, and may be viewed by Users as well as the general public. You represent and warrant that Your license of such User Submitted Content to Kinglet hereunder does not, and the use or license of such User Submitted Content by Kinglet to third parties will not, infringe any right or interest owned or possessed by any third party.


Copyrights and Trademarks

The materials on this Website, as well as the organization and layout of this site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, copy and print materials on this Website solely for your personal and non-commercial use; however, any print out of this Website, or portions of the Website, must include Kinglet’s copyright notice. No right, title or interest in any of the materials contained on this Website is transferred to You as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Website; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Website without the prior written permission of Kinglet.


Except as expressly provided under the "Scope of Use" Section above, You may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of Kinglet. You may not use a part of this Website on any other Website, without Kinglet’s prior written consent.


Kinglet respects the intellectual property rights of others and expects our Users to do the same. Kinglet reserves the right to terminate the accounts of copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at support@gokinglet.com.


Links

For your convenience, we may provide links to various other Websites that may be of interest to You and for Your convenience only. However, Kinglet does not control or endorse such Websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such Websites. Please read the terms and conditions or terms of use policies of any other company or website You may link to from our website. This Terms of Use policy applies only to Kinglet’s website and the products and services Kinglet offers. If You decide to access any of the third party sites linked to this Website, You do so at your own risk. Kinglet reserves the right to terminate any link or linking program at any time. Kinglet disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.


If You link to this Website and Kinglet requests that you remove the link, You agree to immediately remove such link upon the request of Kinglet. In addition, You hereby grant authorization for any third party to remove the link for You.


No Unlawful Or Prohibited Use

As a condition of your use of the Website, You warrant to Kinglet that You will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.


Spamming

Gathering email addresses from Kinglet through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. Inquiries regarding a commercial relationship with Kinglet should be directed to: support@gokinglet.com.


No Warranties

INFORMATION CONTAINED ON THE WEBSITE MAY BE PROVIDED BY USERS, GUESTS AND HOSTS AND OTHER THIRD PARTIES ("USER SUBMITTED CONTENT") AND IS NOT VERIFIED FOR ACCURACY OR VALIDITY BY KINGLET.


THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "WITH FAULTS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH KINGLET EXPRESSLY DISCLAIMS. KINGLET DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT AND KINGLET WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. KINGLET MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT OR THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED OR THAT THIS SERVICE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY KINGLET. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.


Governing Law, Location and Jurisdiction

These Terms of Use shall be governed in all respects by the laws of the State of Maryland, USA, without reference to its choice of law rules. All Users agree to submit to the exclusive jurisdiction of the State of Maryland and waive all claims of forum non conviens. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.


DMCA, Copyright Policy and Copyright Agent

Kinglet respects the intellectual property rights of others. If You believe something on this Website has infringed Your intellectual property rights, please notify our agent and provide the following information:


(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


(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.


(iv) Address, telephone number, and, if available, an electronic mail address where we may contact you.


(v) A statement that the complaining party has 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.


(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


The Website’s Copyright Agent can be reached at:

Sherry Flax – Saul Ewing LLP
500 E. Pratt St. Baltimore, MD 21202
(410)332-8784
sflax@saul.com

U.S. Resident

You represent that you are a United States resident and are eighteen (18) years old or older. The Website is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to You, You are not authorized to access or use any of the information on this Website. Kinglet makes no representation that the postings, information, data, or other content on the Website is appropriate or that its products and services are available outside of the United States. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.


No Professional Advice

YOU SHOULD EVALUATE AND VERIFY ALL INFORMATION, DATA, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, REAL ESTATE AGENT OR ADVISOR, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE. THE WEBSITE IS AN ONLINE PLATFORM THROUGH WHICH HOSTS MAY CREATE POSTINGS FOR AVAILABLE DESKS AND GUESTS MAY SEARCH, EVALUATE, AND LICENSE AVAILABLE DESKS. YOU UNDERSTAND AND AGREE THAT KINGLET IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS KINGLET A REAL ESTATE BROKER OR REAL ESTATE AGENT. KINGLET HAS NO CONTROL OVER THE CONDUCT OF HOSTS OR GUESTS OR OTHER USERS OF THIS WEB SITE, AND DISCLAIMS ALL LIABILITY IN THIS REGARD. THIS WEBSITE IS NOT INTENDED FOR USE BY MINORS.


Users Disputes

You are solely responsible for your interactions with other Users. Kinglet reserves the right, but has no obligation, to monitor disputes between you and other Users.


Arbitration

Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Kinglet confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in Baltimore, Maryland, USA.


All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees and arbitration fees incurred in connection with any arbitration proceedings.


Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.


Limitation of Liability

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. KINGLET AND ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING OR DELIVERING THIS WEBSITE, CONTENT OR SERVICES SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF KINGLET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KINGLET’S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, TO KINGLET FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY KINGLET SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.


Enforcement of these Terms of Use is solely in our discretion, and failure to enforce the Terms of Use in some instances does not constitute a waiver of our right to enforce them in other instances. In addition, these Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation that the website will not contain any content that is prohibited by these Terms of Use.


Indemnity

You warrant specifically the accuracy of any information submitted to the Website. You further warrant that you have the legal right and authority to disclose to Kinglet and the public any information You submit to the Website and that You have the authority to consummate the transactions entered into through the Website. You also agree to defend, indemnify, and hold Kinglet, its officers, directors, employees, agents, licensors, representatives and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, the use of the Website, information you provided to the Website, any license transaction, communication between Host and Guest, violation of these Terms of Use or any License Agreement, or otherwise in connection with any transaction or event resulting from the use of the Website.