Privacy Policy and Terms of Service
Privacy Policy
Last Revised February 2019
Introduction
PURPOSE OF POLICY: This Policy describes how Noble Consulting Group LLC d/b/a/ Breaklease.nyc. (“us,” “we” or “Breaklease.nyc”) collects, uses and discloses personal information from you when you visit and use the Breaklease.nyc website (the “Website”).This Policy is only applicable to the Website, and not to any other websites that you may be able to access from the Site, each of which may have data collection and use practices and policies that differ materially from this Policy.
Information Collection Practices
INFORMATION YOU PROVIDE: In operating the Website, Breaklease.nyc will collect personal information that you provide to us. This includes, but is not limited to: registration data, communications with Breaklease.nyc and other Members, online surveys, and other online forms that ask users to provide their names, email addresses, other contact information, optional demographic information or information about preferences for rental spaces.
INFORMATION COLLECTED AUTOMATICALLY: When you visit or make use of the Website we may collect some information about you automatically. For example, our servers automatically recognize visitors’ domain names and IP addresses (the number assigned to computers on the Internet). The Website may also gather “traffic data” that may be helpful for marketing purposes or for improving the services we offer. For mobile devices, we also collect device-specific information such device type, operating system, UUID and device tokens that allow us to diagnose issues and send device-specific notifications. You may also elect to share other information automatically such as geolocation.
COOKIES: We may use “cookies” (a small piece of data stored on your computer’s hard drive). Cookies help us learn which areas of our site are useful and which areas need improvement. You can choose whether to accept cookies by changing the settings on your browser. However, if you choose to disable this function, your experience on the Website may be diminished and some features may not work as they were intended.
SOCIAL NETWORKS: Our Website allows you to register using social networking platforms and to interact with and through those social networks. We may collect information you choose to allow us to access using those social networking platforms.
Use and Sharing of Information
PERSONAL INFORMATION: We will not share your personal information with any third parties without your consent, except as reasonably necessary in our sole discretion to provide you with the services offered by us, with third-party vendors, consultants and service providers who need access to this data to carry out their work for us, to protect the rights or property of Breaklease.nyc, in an emergency to protect the personal safety of Breaklease.nyc’s employees, customers or any other person, to the extent required during the negotiation of a merger, sale, financing or acquisition, or to comply with the law. We may use your personal information to verify your identity, to check your qualifications, or for our general business purposes. We may also use your contact information to inform you of any changes to the Site, or to send you additional information about Breaklease.nyc.
ACTIVITY WITHIN THE SITE: We use your information to analyze our Site traffic, to diagnose problems with our server, to administer our site, or to display the content according to your preferences. Traffic and transaction information may also be shared with business partners on an aggregate and anonymous basis.
USE OF COOKIES: We may use cookies to deliver content specific to your interests, to save your password so you don’t have to re-enter it each time you visit our site, or for other purposes. Promotions or advertisements displayed on our site may contain cookies. We do not have access to or control over information collected by outside advertisers on our site.
SALE OF INFORMATION: In order to accommodate changes in our business, we may sell or buy portions of our company or other companies or assets, including the information collected through this Site. If Breaklease.nyc or substantially all of its assets are acquired, customer information will be one of the assets transferred to the acquirer.
Security
Breaklease.nyc takes reasonable measures in an effort to prevent the loss, misuse, and alteration of the information that we obtain from you, but we make no assurances about our ability to prevent any such loss, misuse or alteration, and we will have no liability to you or to any third party arising out of any such loss, misuse or alteration. Breaklease.nyc may store and process personal information in the United States and other countries.
Areas Beyond Breaklease.nyc’s Control
PUBLIC FORUMS: The Website may include interactive forums such as messaging channels, recommendations and comments. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.
THIRD-PARTY WEBSITES: The Site may contain links to other websites. If you choose to visit other websites, we are not responsible for the privacy practices or content of those other websites, and it is your responsibility to review the privacy policies at those websites to confirm that you understand and agree with their policies.
Contact Information and Policy Updates
CONTACTING US: If you have any questions about this Policy, our practices related to this Site, or if you would like to have us remove your information from our database (where feasible), please feel contact us at support@breaklease.nyc with subject line “Privacy Policy”.
UPDATES AND CHANGES: We reserve the right, at any time, to add to, change, update, or modify this Policy, simply by posting such change, update, or modification on the Site and without any other notice to you. Any such change, update, or modification will be effective immediately upon posting on the Site. If any changes are made to this Privacy Policy we will reflect the “Last Revised” date above. It is your responsibility to review this Policy from time to time to ensure that you continue to agree with all of its terms.
Terms of service
LAST REVISED: February 2019
Noble Consulting Group LLC. d/b/a Breaklease.nyc (“Breaklease.nyc,” “we”, “us”, or “our”) welcomes you. These Terms of Service “Terms” are a binding legal agreement between you and Breaklease.nyc. The Terms govern all use of the Breaklease.nyc service whether you access from our website at https://www.breaklease.nyc on web or mobile (collectively, the “Website”) or any other access point that we make available to you (“Services”).
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Website or Services. Failure to use the Website or Services in accordance with these Terms may subject you to civil and criminal penalties. We reserve the right to ban your account from the Website.
Key Definitions
“Assignment” means assigning a lease from one party to another.
“Member” means a person who completes Breaklease.nyc’s account registration process, including but not limited to “Listers and Renters”.
“Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or Breaklease.nyc promotional campaign to be made available through the Site and Services.
“Unit” means an apartment, house, office or retail space.
“Breaklease.nyc Lease” means a contract between a Lister and a Renter governing the terms of the rental after Booking is accepted.
“Communication” means an email, phone call, or text message.
“Property Manager” means a professional in charge of maintaining a building, responding to tenant requests, filling vacancies, vetting prospective new tenants and turning over units in a building.
“Leasehold Interest” means a claim or right to enjoy the exclusive possession and use of an asset or property for a stated definite period, as created by a written lease. A long-term lease interest is a valuable asset that can be traded or mortgaged as a physical asset.
I. Breaklease.nyc Service
Breaklease.nyc is an service that connects property owners and leaseholders (“Listers”) who desire to lease on a short term or flexible basis, sublet or assign a residential or commercial lease with individuals who are looking for the same (“Renters”). BREAKLEASE.NYC HAS NO CONTROL OVER THE CONDUCT OF LISTERS, RENTERS OR OTHER USERS OF THE WEBSITE AND SERVICES AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
BREAKLEASE.NYC DOES NOT HAVE ANY OWNERSHIP INTEREST IN THE APARTMENTS NOR DOES IT SERVICE, MANAGE, OR OTHERWISE CONTROL THE APARTMENTS, UNLESS EXPLICITLY MENTIONED.
BREAKLEASE.NYC IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND UNITS. ANY TRANSFER OF A LEASEHOLD INTEREST WILL BE MADE AT THE LISTER’S AND RENTER’S OWN RISK. UNLESS EXPLICITLY SPECIFIED OTHERWISE, BREAKLEASE.NYC’S RESPONSIBILITIES ARE LIMITED TO FACILITATING THE AVAILABILITY OF THE WEBSITE AND SERVICES.
II. Rental Exclusivity Agreement
The Lister may opt to have his or her Listing syndicated throughout a network of Listing Portals such as, but not limited to: Zillow.com, StreetEasy.com, Apartments.com, Realtor.com, the OLS or the MLS. You agree that by opting into the syndication option you employ Noble Consulting Group LLC (“Brokerage”) to act as your exclusive agent with an “Exclusive Right to Lease.” An “Exclusive Right to Lease” means that Noble Consulting Group LLC will advertise the Unit and no other advertisement will be posted without our consent.
If Noble Consulting Group LLC has your exclusive right to list and the listing is in New York, then Noble Consulting Group LLC is obligated to show the listing to any REBNY residential broker member with a ready, willing and able customer at any time during the term of the exclusive agreement. If a sublease or lease is signed then the commission will be split between Noble Consulting Group LLC and the broker in the following way: the full amount of the agreed upon brokerage commission less the Noble Consulting Group LLC service fee will be paid to the broker by the broker’s client. The Noble Consulting Group LLC service fee will be paid via Check or Money Order.
III. GENERAL PROVISIONS
(a) No Assignment/No Insurance. This is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Renter, and the Renter has not paid any premium. The benefits provided under this Policy are not assignable or transferable by you.
(b) Modification or Termination. Breaklease.nyc reserves the right to modify or terminate this policy, at any time, in its sole discretion, and without prior notice. If Breaklease.nyc modifies this Policy, we will post the modification on the Platform or provide you with notice of the modification and Breaklease.nyc will continue to process all claims for Application Issues or Move-In Issues made prior to the effective date of the modification.
(c) Entire Agreement and Definitions. This Policy constitutes the entire and exclusive understanding and agreement between Breaklease.nyc and you regarding the Policy and supersedes and replaces any and all prior oral or written understandings or agreements between Breaklease.nyc and you regarding the Policy.
(d) Limitation of Liability. IN NO EVENT WILL BREAKLEASE.NYC’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS POLICY, EXCEED THE AMOUNT OF THE FEES COLLECTED BY BREAKLEASE.NYC FROM THE RENTER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
VI. Lister Refund Policy
The Lister Refund Policy is available to Listers who complete a assingment and suffer a Renter Cancellation Issue.
1. Renter Cancellation Issue. A Renter Cancellation Issue means that the Renter decides to cancel an assignment after successfully escrowing payment(s) and signing a lease on Breaklease.nyc.
2. The Lister Refund Policy. If you are a Lister and suffer a Renter Cancellation, we agree, at our discretion, to pay you some portion of any escrowed payments, depending on the nature of the issue suffered. All determinations of Breaklease.nyc with respect to the Lister Refund Policy, including without limitation the size of any refund, shall be final and binding on the Listers and Renters.
3. Conditions to Claim a Refund. Only a Lister may submit a claim for a Renter Cancellation Issue. If you are a Lister, in order to submit a valid claim and receive the benefits with respect to your Assignment, you are required to meet each of the following conditions:
(a) you must bring the Renter Cancellation Issue to our attention in writing (support@breaklease.nyc) and provide us with information about the Assignment and the circumstances of the issue no later than 24 hours after the start of your assignment as defined in your Breaklease.nyc Lease. You must respond to any requests by us for additional information or cooperation on the Renter Cancellation Issue;
(b) you must not have directly or indirectly caused the Renter Cancellation Issue (through your action, omission or negligence);
(c) you and your Renter must have both signed a lease on Breaklease.nyc for this Booking;
(d) your Renter must have at least one payment in escrow with Breaklease.nyc for this Booking; and
(e) you must have used reasonable efforts to try to remedy the circumstances of the Renter Cancellation Issue with the Renter prior to making a claim for a Renter Cancellation Issue.
4. Renter Disputes. If you as a Renter dispute the Renter Cancellation Issue, you may notify us in writing (support@breaklease.nyc) and provide us with information (including photographs or other evidence) disputing the claims regarding the Renter Cancellation Issue, provided you have used reasonable and good faith efforts to try to remedy the Renter Cancellation Issue with the Lister prior to disputing the Renter Cancellation Issue claim. You agree that all determinations of Breaklease.nyc with respect to the Renter Cancellation Issue shall be final and binding on the Renters and Listers regardless of your submission of a dispute against such Renter Cancellation Issue. In the event of one or more Renter Cancellation Issues, Breaklease.nyc, in its discretion, may elect to take additional actions. These actions include, but are not limited to, banning you from the Website or Services, or imposing penalties or fees for the administrative burden associated with the Renter Cancellation Issue(s).
5. General Provisions.
(a) No Assignment/No Insurance. This Lister Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Lister, and the Lister has not paid any premium in respect of the Lister Refund Policy. The benefits provided under this Lister Refund Policy are not assignable or transferable by you.
(b) Modification or Termination. Breaklease.nyc reserves the right to modify or terminate this Lister Refund Policy, at any time, in its sole discretion, and without prior notice. If Breaklease.nyc modifies this Lister Refund Policy, we will post the modification on the Platform or provide you with notice of the modification and Breaklease.nyc will continue to process all claims for Renter Cancellation Issues made prior to the effective date of the modification.
(c) Entire Agreement and Definitions. This Lister Refund Policy constitutes the entire and exclusive understanding and agreement between Breaklease.nyc and you regarding the Lister Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between Breaklease.nyc and you regarding the Lister Refund Policy.
(d) Limitation of Liability. IN NO EVENT WILL BREAKLEASE.NYC’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS LISTER REFUND POLICY, EXCEED THE AMOUNT OF THE SERVICE FEES COLLECTED BY BREAKLEASE.NYC FROM THE RENTER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
V. Fair Housing
Our company conducts business in accordance with all federal, state and local fair housing laws. It is our policy to provide housing opportunities to all persons regardless of age, citizenship,color, familial status, handicap, marital status, national origin, occupation, race, religion, sex or sexual orientation.
NOBLE CONSULTING GROUP LLC D/B/A BREAKLEASE.NYC EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. LEASE BREAKLEASE.NYC MAKES NO WARRANTY THAT THE WEBSITE, AND SERVICES, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY APARTMENTS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. LEASE BREAKLEASE.NYC MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, APARTMENTS OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE WEBSITE, OR SERVICES.
VI. Lead Paint and Window Guards
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, Listers must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Renters must also receive a federally approved pamphlet on lead poisoning prevention.
The Lister has no knowledge of lead based paint of lead based paint hazards in the housing, and had provided the Renter with all available records and reports pertaining to lead based paint and/or lead based paint hazards in the housing. The Renter has read a copy of the pamphlet Protect Your Family From Lead in Your Home (link below).
Your use of the Website and Services a lister serves as an acknowledgement that the lister has been made aware of his or her obligations under 42 U.S.C. 4852(d) and is aware of his or her responsibility to ensure compliance.
VII. Eligibility
The Website and Services are intended solely for persons who are 18 or older. Any access to or use of the Website and Services by anyone under 18 is expressly prohibited. By accessing or using the Website and Services you represent and warrant that you are 18 or older.
VIII. No Endorsement
By using the Website and Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Breaklease.nyc with respect to such actions or omissions.
IX. Modification
We reserve the right, at any time, to add to, change, update, or modify these Terms, simply by posting such change, update, or modification on the Site and without any other notice to you. Any such change, update, or modification will be effective immediately upon posting on the Site. If any changes are made to these Terms we will reflect the “Last Revised” date above. It is your responsibility to review this Policy from time to time to ensure that you continue to agree with all of its Terms.
X. Disclaimers
IF YOU CHOOSE TO USE THE WEBSITE AND SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT BREAKLEASE.NYC DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, LISTERS AND RENTERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE WEBSITE AND SERVICES, ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BREAKLEASE.NYC EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BREAKLEASE.NYC MAKES NO WARRANTY THAT THE WEBSITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY UNITS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BREAKLEASE.NYC MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, APARTMENTS OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE WEBSITE AND SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BREAKLEASE.NYC OR THROUGH THE WEBSITE AND SERVICES OR 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 WEBSITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY LISTER OR RENTER. YOU UNDERSTAND THAT BREAKLEASE.NYC DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE WEBSITE AND SERVICES OR TO REVIEW OR VISIT ANY APARTMENTS. BREAKLEASE.NYC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE WEBSITE AND SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE WEBSITE AND SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, APARTMENTS SEEKERS AND LEASEHOLDERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY BREAKLEASE.NYC. BREAKLEASE.NYC EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY LEASEHOLDER, APARTMENT SEEKER OR OTHER THIRD PARTY.
XI. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE, APP, SERVICES AND CONTENT, YOUR LISTING VIA THE WEBSITE, APP AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF BREAKLEASE.NYC WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER BREAKLEASE.NYC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, APP, SERVICES, OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY 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 WEBSITE, APP, SERVICES OR CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE WEBSITE, APP, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, APP, OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BREAKLEASE.NYC 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.
XII. Dispute Resolution
In the event there is a legal dispute, you agree that the laws of the State of New York, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Terms of Service. We agree that all of these claims can only be litigated in the federal or state courts of New York County, New York, USA, and we each agree to personal jurisdiction in those courts.
XIII. No Counterclaims
In any action by Owner seeking recovery of the apartment, Renter shall not make a counterclaim against Owner relating to any matter other than a claim that Owner has not properly maintained the condition of the building or apartment. Renter shall be required to bring an independent action on any other counterclaim.
XIV. No Jury Trial
In any legal proceeding arising under the terms of this lease, whether instituted by Owner or Renter, the parties agree to give up the right to a trial by a jury. The right to a trial by jury is an important right of Renter, and Renter is agreeing not to demand a trial by jury. The foregoing is not intended to prohibit a demand for a trial by jury in actions for personal injury or damage to property.
XV. Legal Fees
In the event either Breaklease.nyc or Renter or Lister incurs legal fees and/or court costs in the enforcement of any of Breaklease.nyc's or Renter's or Lister’s rights under this lease or pursuant to law, neither party shall be entitled to the repayment of such legal fees and/or court costs. Renter or Lister shall be liable to Breaklease.nyc in the event Breaklease.nyc incurs legal fees in the enforcement of any of Breaklease.nyc's rights under this lease or pursuant to law.
XVI. General Terms
If a court with authority over this Term of Service finds any part of it not enforceable, you and us agree that the court should modify the Terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. This Agreement (including additional Terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don't act to enforce a breach of this Agreement, that does not mean that Breaklease.nyc has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that Breaklease.nyc may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Agreement.
You agree that the only way to provide us legal notice is at the addresses below.
Noble Consulting Group LLC D/B/A Breaklease.nyc 1430 Broadway Ste 1207, New York, New York, 10018