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Terms of Service

Landlord Desk Terms of Service

Caondo Software, Inc. (collectively, with its subsidiaries and affiliates, “Caondo,” “we,” or “us“) provides Landlord Desk to you conditioned upon your acceptance, without modification, of the terms, conditions and notices contained in this Agreement. Landlord Desk is owned and operated by Caondo. Since 2026, Caondo has been dedicated to the design, development, and support of property management software. Throughout the Agreement, all references to “Landlord Desk” shall include any websites of affiliates and subsidiaries of Caondo Software, Inc. that are involved with the provision of the services through and/or the operation of Landlord Desk.

Landlord Desk is a technology platform that facilitates the development and delivery of innovative renter-related services, including, without limitation, property management, rent tracking, receipt and invoicing of rental transactions, maintenance requests and related workflows, property marketing, apartment listing, availability, application and screening, digital lease execution, rental and utilities payment, 24/7 call center service and self-service advertising (the “Services“). Landlord Desk allows prospects and residents (of properties utilizing Landlord Desk) (“Renters“) to take advantage of a range of services designed to make their relationship with you as pleasant as possible.

1. CAONDO IS NOT A PARTY TO RENTAL TRANSACTIONS.

1.1 Landlord Desk serves as a platform for Property Managers to advertise rental properties and for Renters and Property Managers to engage in activities and transactions pertaining to the rental of such properties. Caondo does not own or manage any properties listed on Landlord Desk, does not act as an agent or broker on behalf of Client in connection any properties listed on Landlord Desk, and does not enter into rental contracts for those properties. Although Caondo may provide the Services and Landlord Desk to enable Renters and Clients to enter into communications and leases for specific properties, Caondo is not involved in any way in the transactions between Renters and Client other than facilitating such communications and providing a means for digital signature execution of leases by Renters and Client, and except for transactions for services expressly entered into between Caondo and Renters. As a result, Client and Caondo agree that Caondo will not be liable under any circumstances for contracts entered into between Renters and Client or any other interactions between Renters and Client.

1.2 Caondo encourages all users of Landlord Desk, including Renters, to engage in responsible use of Landlord Desk and to exercise sound judgment when entering into property rental transactions. However, in the event that you have a dispute with a Renter or another property owner, property manager or advertiser on Landlord Desk, you release Caondo from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

2. RELATIONSHIP TO OTHER CAONDO SERVICES AND SOFTWARE.

Any services or software provided to Client by Caondo, whether or not the services or software can be accessed through, interface with, or otherwise provide access to Landlord Desk, are governed by the terms and conditions of agreements between Client and Caondo specific to those services or software (“Caondo Separate Agreement“) and not by this Agreement. To the extent any provisions of this Agreement conflict with any provisions of a Caondo Separate Agreement, then such provisions of the Caondo Separate Agreement shall control. This Agreement is not intended to modify or supersede, in any way, a Caondo Separate Agreement unless Caondo and Client expressly agree otherwise in a writing signed by both.

3. ACCESS AND USE OF THE SITE.

3.1 Caondo is providing you with the information and functionality of Landlord Desk (except for the information that is provided by you and by third parties). You are responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet, and any telephone, wireless or other connection and service fees associated with such access.

3.2 Caondo has the right, but not the obligation, to take any of the following actions without providing any prior notice to you: (i) change or terminate all or any part of Landlord Desk; (ii) restrict or terminate your access to all or any part of Landlord Desk; or (iii) refuse, move, or remove any content that is available on the Site and any material that you submit to the Site.

3.3 Subject to your compliance with this Agreement, Caondo hereby grants you permission to access and use Landlord Desk, provided that you shall not (and shall not allow any third party to): (i) engage in commercial use of Landlord Desk or any content on Landlord Desk not provided by you, except for the purpose of engaging in rental-related activities with Renters; (ii) reproduce, copy, display, store, perform, re-post, publish, transmit, distribute, sell, offer for sale, license, modify, create derivative works, or otherwise use any portion of the content offered on Landlord Desk for other than your own use; (iii) remove any copyright, trademark or other proprietary rights notices contained in or on Landlord Desk or in or on any content or other material obtained via Landlord Desk; (iv) use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of Landlord Desk, including, but not limited to, for purposes of constructing or populating a searchable database of business or property reviews; (v) collect or harvest any information about other users or members (including usernames and/or email addresses) for any purpose; (vi) reformat or frame any portion of the web pages that are part of Landlord Desk; (vii) create accounts by automated means or under false, misleading or fraudulent pretenses; (viii) create or transmit unwanted electronic communications such as “spam” to other users or members of Landlord Desk or otherwise interfere with other users’ or members’ enjoyment of Landlord Desk; (ix) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; (x) use Landlord Desk to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, including any material that may be deemed threatening or obscene; (xi) copy or modify the HTML code used to generate web pages on Landlord Desk; (xii) use any device, software or procedure that interferes with the proper working of Landlord Desk, or otherwise attempt to interfere with the proper working of Landlord Desk; (xiii) take any action that imposes, or may impose in Caondo’s sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; (xiv) modify, adapt, translate, or reverse engineer any portion of Landlord Desk except for content provided by you; or (xv) use Landlord Desk, intentionally or unintentionally, to violate any applicable local, state, national or international law or regulation, including, but not limited to, Fair Housing and privacy laws and regulations.

3.4 Services provided on Landlord Desk (further described above) may include a user management function that allows Clients to create user groups, granting the Client users in such user group the right, or permission, to access and use certain Services. Such Services may include, but are not limited to, Services that incur or require the payment of additional Fees. Client expressly understands and agrees that Client shall pay any Fees for Services incurred by Client users’ use of any such Services.

4. SERVICES NOT PROVIDED.

You acknowledge and agree that Caondo does not provide the following services through Landlord Desk or as a part of its Services, and bears no responsibility or liability for the following activities, among others:

  • Lease transactions, including without limitation, negotiations, offers, agreements, establishing rents or fees, or any related communications (although the Services do facilitate these transactions between Property Managers and Renters);
  • Legal, brokerage or other related professional services or advice;
  • Inspection, screening or pre-approval of rental properties;
  • Verification, screening or pre-approval of property listings; or
  • Evaluation, screening or pre-approval of other advertisers who post listings or other content on Landlord Desk.

In the event that you need or desire such services or need assistance with such services, you are responsible for obtaining them from a third party.

5. ADDITIONAL REQUIREMENTS.

Specific Services may be subject to fees (including, for clarity, additional fees not identified or specifically described in the Caondo Separate Agreement), additional guidelines, technical and non-technical specifications, and other requirements, terms, rules, or policies of Caondo that are not set forth in this Agreement (“Caondo Requirements“). The Caondo Requirements will be posted on Landlord Desk or the applicable screens or page(s) throughout Landlord Desk. All such Caondo Requirements are hereby incorporated by reference into this Agreement. In the event of a conflict between the Caondo Requirements and this Agreement, the terms of the Caondo Requirements shall govern. You may impose your own requirements on Renters in connection with rent-related transactions and activities, but any such requirements imposed by you are separate from the Caondo Requirements and this Agreement and Caondo shall have no responsibility or obligation for requirements imposed by you on Renters.

6. USER-CONTRIBUTED CONTENT.

6.1 Caondo has no responsibility or duty to review, approve or pre-screen any content posted on Landlord Desk by any third party (including you), and Caondo is not responsible for such content. Client understands that all property listings, lease agreements, rental terms, personal information, financial information, postings, messages, text, images, photos, files, video, key word data and other advertising content and other information, documents or other materials posted on Landlord Desk or transmitted through or in connection with the Service by Client, Renters or other advertisers (the “User Content“) are the sole responsibility of Client or any other entity or person from whom such User Content originated. Caondo disclaims any and all liability relating to the User Content. Caondo does not guarantee, and you will not hold Caondo responsible for, the User Content (including the accuracy or truth of such User Content), any services offered by any Client, advertisers or third parties on Landlord Desk, or the nature, safety, quality, condition, management of any rental units or properties advertised on Landlord Desk or Client’s or third parties’ compliance with any laws, regulations or rules that may be applicable. Client agrees that Client bears the responsibility to evaluate, and bears all risks associated with, the use of any User Content, and that under no circumstances will Caondo be liable for any User Content or for any damage or loss of any kind incurred as a result of the use of any User Content.

6.2 Compliance with Advertising Standards. Section 52.01 of the Competition Act RSC 1985, c C-34 and PEI’s Consumer Protection Act (RSPEI 1988, c C-19) provides that no one, for the purpose of promoting, directly or indirectly, any business interest or the supply or use of a product, knowingly or recklessly send or cause to be sent a false or misleading representation in the sender information or subject matter information of an electronic message. To the extent You, or any Client users, upload any Digitally Altered Images to Landlord Desk, such Digitally Altered Images must include a clear and conspicuous disclosure and, for online listings, the original unaltered image. This includes all visual User Content such as static images, 3D floorplans, and video tours where material changes to the property appearance occur.

6.3 Caondo reserves the right (but does not have the obligation) in its sole discretion to delete or refuse to post any User Content that violates the letter or spirit of any applicable agreements between Caondo and the entity or individual posting or seeking to post the content, or for any other reason.

7. MODIFICATIONS.

Caondo may modify or update this Agreement from time to time, in its sole discretion, and reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, Landlord Desk (or any part thereof) or any or all of the Services, or any feature thereof, with or without notice and without liability to you. You agree that Caondo has no responsibility or liability for the failure of Landlord Desk and the deletion of other content maintained or transmitted by Landlord Desk. You further agree that Caondo shall not be liable to you or to any third party for any modification, suspension or discontinuance of Landlord Desk. Modifications to this Agreement, including, but not limited to, any Caondo Requirements, will be posted on the relevant area of Landlord Desk and will be effective immediately upon posting. You can review the most current version of this Agreement at any time by accessing this Agreement on Landlord Desk. You agree to review this Agreement from time to time to ensure you are updated as to any modifications. By continuing to use Landlord Desk or Services following any such modification, you accept and agree to be bound by such modifications. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE AND EXCLUSIVE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF Landlord Desk.

8. ACCOUNT REGISTRATION AND USE.

In order to use the Client features of Landlord Desk, you will have to register and create a password-protected account (“Your Account”) and/or submit information, content, photos, data or other material (“Information” or “Material”).

8.1 Your Account. You agree to: (i) provide true, accurate, current, and complete information as prompted by the registration form; and (ii) maintain and update such information to keep it true, accurate, current, and complete at all times. Caondo reserves the right to delete Your Account and refuse any and all current or future use of Landlord Desk (or any portion thereof) without notice if you are found to have misrepresented your age, identity, or any other information submitted in connection with Your Account or if Caondo has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current. You are responsible for maintaining the confidentiality of your password, your email address and Your Account, and are fully responsible for all activities that occur under your password and Your Account. You agree to: (i) immediately notify Caondo of any unauthorized use of your password or account, or any other breach of security, (ii) immediately change your password if you become aware that Your Account has been compromised, (iii) ensure that you fully exit from Your Account at the end of each session. You agree and acknowledge that you will not allow others to utilize Your Account and that you will not disclose your Landlord Desk password to anyone. You will be solely responsible for safeguarding your password and also for any actions under your password and Account, whether authorized by you or not. If you lose control of your password, you may lose substantial control of your information and could potentially be subject to legally binding actions taken on your behalf. You further agree not to use anyone else’s password on Landlord Desk or attempt to gain access to the Landlord Desk account of any other person. Caondo cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

8.2 User Information and Material. You hereby consent to Caondo’s use and sharing of the Information and Materials you submit in order for Caondo to provide you with Services. In addition, you hereby represent and warrant that your Information and Materials and Caondo’s use thereof pursuant to this Agreement, (i) do not and will not, directly or indirectly, violate, infringe or breach any duty toward or rights of any person or entity, including without limitation any Fair Housing, copyright, trademark, service mark, trade secret, other intellectual property, publicity or privacy right; (ii) are not fraudulent, misleading, hateful, tortious, defamatory, slanderous, libelous, abusive, violent, threatening, profane, vulgar or obscene; (iii) do not harass others, promote bigotry, racism, hatred or harm against any individual or group, promote discrimination based on race, sex, religion, nationality, sexual orientation or age, or otherwise interfere with another party’s use of Landlord Desk; (iv) do not promote illegal or harmful activities; and (v) are not illegal, unlawful or contrary to the laws or regulations in any state or country where, as applicable, your Information and Materials are created, displayed or accessed.

8.3 Communications. Although Caondo provides a platform through Landlord Desk and a Service through which Renters may communicate with various third parties such as Client and advertisers, Caondo is not involved in those third-party communications and is not responsible or liable under any circumstances for the content of any communications sent to or from a Renter through use of Landlord Desk and/or the Services (“Communications”) or for a party’s failure to communicate. The contents of those third-party Communications are determined solely by the third party with which you are corresponding, and not by Caondo. Caondo is only responsible for the content of communications issued directly by Caondo. You acknowledge that you will address any issues or concerns with such third-party Communications by contacting the third party directly, rather than Caondo. Caondo shall not be involved in such issues except where the issue is solely attributable to a malfunction or error occurring on Landlord Desk or in connection with the Services.

8.4 Third Party Interactions and Services Offered On Landlord Desk. During your use of the Services, you may enter into correspondence with, or purchase or sign up to receive goods and/or services from, a third party, or you may participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, are solely between you and the applicable third party. Caondo and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party, including any termination by such third party of their provision of goods or services to you. Caondo does not endorse any sites on the Internet that are linked through the Service and does not endorse any third party goods or services that are made available to you as a result of your use of the Service. Caondo provides these links to you and facilitates your use of such services only as a matter of convenience, and in no event shall Caondo or its licensors be responsible for any content, products, or other materials on or available from such sites or services. Caondo provides the Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services. Service features that interoperate with the Google AdWords, Microsoft adCenter, Facebook Ads or other third party programs depend on the continuing availability of the Google AdWords, Microsoft adCenter, Facebook Ads or other third party, as the case may be, application programming interface (“API”) and program for use with the Services. If Google Inc. or its affiliates (“Google”), Microsoft, Inc. or its affiliates (“Microsoft”), Facebook, Inc. or its affiliates (“Facebook”), or any other applicable third party ceases to make the Google AdWords API or program, Microsoft adCenter API or program, Facebook Ads API or program, or other third party API or program, as the case may be, available on reasonable terms for the Services, Caondo may cease providing such Service features and you shall have no payment obligations to Caondo with respect to such Service features for periods following such cessation.

8.5 Client Services Offered On Landlord Desk. Some of the services provided by Caondo to Client outside of Landlord Desk through a Caondo Separate Agreement, including but not limited to applicant screening, may have functionality available on Landlord Desk. Notwithstanding the presence of such functionality on Landlord Desk, Client acknowledges and agrees that any such services are governed by the Caondo Separate Agreement and not this Agreement in accord with Section 2 of this Agreement.

8.6 Payments. Except as expressly provided below, any payments submitted through Landlord Desk by Renters, whether for a rental deposit, rental payment, or any other service or transaction, are for services provided by Client or another party other than Caondo. Caondo is not involved in, is not liable for, and is not a party to those transactions even though (i) Caondo provides a platform through Landlord Desk and a Service through which Renters may submit payments to you and various third parties and (ii) Caondo may receive a portion of payments made by Renters through Landlord Desk. The total payment amounts required for those transactions are determined solely by you and the third party with which you are entering into an agreement, and not by Caondo. You acknowledge that you will address any discrepancies, issues or concerns with such payments by contacting the third party directly, rather than Caondo. Caondo shall not be involved in such issues except where the issue is solely attributable to a malfunction or error occurring on Landlord Desk or in connection with the Services. Certain Services relating to Renters, such as screening services and lease execution fees, may have a charge associated with them that may be imposed by Caondo or another company, which other company may or may not be a subsidiary or affiliate of Caondo. Caondo or such other company may collect these fees directly from Renters.

8.7 Rental Agreements. Any rental agreements that you enter into through Landlord Desk (including but not limited to those agreements for which you electronically sign a lease or rental agreement) are for services provided by you or another party other than Caondo. Although Caondo provides a platform through Landlord Desk and a Service through which you and Renters may execute rental agreements, Caondo is not involved in, is not liable for and is not a party to those transactions. The terms of those transactions are determined solely by you and Renter with whom you are entering into an agreement, and not by Caondo. You acknowledge that you will address any issues or concerns with such agreements with the other party (or parties) directly, rather than Caondo. Caondo shall not be involved in any issues relating to such agreements except where the issue is solely attributable to a malfunction or error occurring on Landlord Desk or in connection with the Services. If Client chooses to use the electronic signature lease execution functionality of Landlord Desk, Client understands, acknowledges and agrees that the disclosure for and consent to use an electronic signature language provided by Caondo is provided “as is” and that Caondo makes no warranty or other representation with respect to the applicable state and federal law. Client further understands, acknowledges and agrees that Client has carefully reviewed the disclosure relating to use of its electronic signature to execute a lease and will not execute a lease with its electronic signature without providing its consent to use its electronic signature. Client agrees that (i) it will rely on its own legal counsel to determine the sufficiency of the disclosure and consent, the sufficiency of the electronic signature execution of the lease, and the lease’s enforceability and (ii) that Caondo makes no warranty or other representation with respect to the sufficiency of the disclosure and consent, sufficiency of the electronic signature execution of the lease, and the lease’s enforceability under applicable state and federal law.

8.8 Refund Policy. Subscriptions to the Service are non-refundable except in the specific circumstances outlined below. Because the Service is delivered digitally and provides immediate access to software features, data storage, and tools, we do not offer refunds for change of mind, dissatisfaction with features after thorough evaluation, or failure to use the Service.

We will consider a refund or credit in the following cases:

The Service materially fails to perform as described in our official documentation or subscription agreement for a continuous period, and we cannot remedy it within 30 days of your written notice.

We terminate your account for reasons other than your breach of the Terms of Service.

Billing errors on our part (e.g., duplicate charges or incorrect plan pricing).

In such cases, we may, at our discretion:

Provide a pro-rated refund for the unused portion of the current billing period, or

Issue a credit toward future services.

8.8(1) Cancellation and Auto-Renewal

You may cancel your subscription at any time through your account dashboard or by contacting support.

Cancellation takes effect at the end of the current billing period. You will retain access until then.

No refunds are issued for the current billing period upon cancellation (except where eligible as listed above).

Annual subscriptions are not pro-rated or refunded upon early cancellation unless you qualify under the limited refund grounds above.

We will send renewal reminders before automatic renewal where required by applicable law.

9. OWNERSHIP.

You acknowledge and agree that Landlord Desk and Services use and contain content, information and proprietary and confidential technology owned by or licensed to Caondo, and protected by applicable intellectual property and other laws and international treaties (collectively, “Caondo Content”). The Caondo Content displayed on or through Landlord Desk and Services includes, without limitation, information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials is copyrighted by Caondo and its licensors under United States and international copyright laws. All rights reserved. You agree not to reproduce, copy, display, store, perform, re-post, publish, transmit, distribute, sell, offer for sale, license, modify, create derivative works, or otherwise use or exploit for any commercial purposes any or all of the Caondo Content or, except as expressly set forth in this Agreement, Landlord Desk or access to Landlord Desk in any way without the prior written permission of Caondo. All content on Landlord Desk that is not Caondo Content is the property and responsibility of other parties. You must abide by all copyright notices, information, or restrictions contained in or attached to any Caondo Content. LANDLORD DESK, the Landlord Desk logo, CAONDO, and the Caondo logo (the “Caondo Marks”) are trademarks, trade names, or service marks of Caondo. You are not authorized to use or display the Caondo Marks, without the express prior permission of Caondo. Ownership of all Caondo Marks and the goodwill associated therewith remains with Caondo. All other trademarks are the property of their respective owners.

10. INDEMNITY.

You agree to indemnify, defend and hold Caondo and its officers, directors, employees, shareholders, successors, agents, affiliates, subsidiaries and relevant third parties including advertisers, distribution partners, referral partners, service providers, licensors, licensees, consultants and contractors (collectively the “Caondo Indemnified Parties”) harmless from and against any claims, liabilities, losses, costs, damages or expenses including reasonable attorneys’ fees and costs, directly or indirectly, arising out of or in any way relating to: (i) your negligence or misconduct (alleged or actual); (ii) your Information or Material contributed to or submitted through Landlord Desk, the Services, or the User Content, including without limitation information associated with Your Account; (iii) your conduct, including your use of Landlord Desk and Services; (iv) your violation (alleged or actual) of any laws or regulations of any state or country, including without limitation, privacy, Fair Housing laws, and requirements under AB 723 as further described in Section 6.2 of this Agreement; (v) your use of the electronic signature lease execution functionality of Landlord Desk, including without limitation, your submission to Caondo of disclosure for and consent to use electronic signature language, the sufficiency of an electronic signature or the enforceability of an electronically signed lease; (vi) your connection to Landlord Desk; (vii) any violation or breach (alleged or actual) of this Agreement; or (viii) any violation or infringement (alleged or actual) of any intellectual property, privacy, publicity, confidentiality or proprietary rights of any third-party as a result of your use of Landlord Desk or Services (collectively, the “Claims”). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the Caondo Indemnified Parties. Caondo shall have the right, in its sole discretion, to select its own legal counsel to defend Caondo from any Claims (but by doing so shall not excuse your indemnity obligations) and you shall be solely responsible for the payment of all of Caondo’s reasonable attorneys’ fees incurred through appeal in connection therewith. You shall notify Caondo immediately if you become aware of any actual or potential claims, suits, actions, allegations or charges that could affect your or Caondo’s ability to fully perform their respective duties or to exercise its rights under this Agreement. You shall not, without the prior written approval of Caondo, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for Caondo.

11. DISCLAIMER OF WARRANTIES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

11.1 YOUR USE OF LANDLORD DESK AND SERVICES IS AT YOUR SOLE RISK. LANDLORD DESK AND SERVICES AND ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. WITH RESPECT TO LANDLORD DESK AND INFORMATION AND MATERIAL IN LANDLORD DESK , CAONDO AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE.

11.2 CAONDO AND ITS LICENSORS MAKE NO WARRANTY: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS AND PERFORMANCE OF LANDLORD DESK OR SERVICES; (II) REGARDING THE SERVICES, ADVICE, INFORMATION OR LINKS OBTAINED THROUGH LANDLORD DESK; (III) THAT THE SERVICES (OR ANY THIRD PARTY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SERVICE) OR LANDLORD DESK, OR ANY INFORMATION AND MATERIALS THEREIN WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (IV) THAT THE SERVICES OR  LANDLORD DESK, OR ANY FUNCTIONS CONTAINED IN LANDLORD DESK, WILL BE ERROR-FREE, SECURE, TIMELY, OR UNINTERRUPTED OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (V) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF LANDLORD DESK OR INFORMATION, DATA AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (VI) THAT ANY ERRORS IN LANDLORD DESK OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED, AND (VII)  LANDLORD DESK AND ITS CONTENTS AND SERVER THAT MAKES LANDLORD DESK AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.

11.3 ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF LANDLORD DESK IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

11.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CAONDO OR FROM YOUR USE OF LANDLORD DESK OR SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. LIMITATION OF LIABILITY

12.1 CAONDO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, SUCCESSORS, AGENTS, AFFILIATES, SUBSIDIARIES AND RELEVANT THIRD PARTIES INCLUDING ADVERTISERS, DISTRIBUTION PARTNERS, REFERRAL PARTNERS, SERVICE PROVIDERS, LICENSORS, LICENSEES, CONSULTANTS AND CONTRACTORS WILL NOT BE LIABLE FOR:

• ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA OR PROFITS, COST OF PROCURING SUBSTITUTE PRODUCTS OR BUSINESS INTERRUPTION), WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR ACCESS AND USE OF OR INABILITY TO ACCESS OR USE THE SITE AND/ OR ANY SERVICE, ANY MATERIALS AVAILABLE TO YOU FROM OR THROUGH LANDLORD DESK (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT CAONDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;

• THE CONTENTS OF ANY COMMUNICATION, MESSAGE, OR INFORMATION POSTED BY YOU OR OTHER THIRD PARTIES;

• THE CONTENT, SERVICES OR INFORMATION PROVIDED BY ANY WEBSITE PURPORTING TO BE OPERATED BY CAONDO OR ITS AFFILIATES, BUT NOT ACTUALLY AFFILIATED WITH, CONTROLLED, OWNED, OR OPERATED BY CAONDO;

• THE CONTENT OF ANY WEBSITE NOT CONTROLLED, OWNED, OR OPERATED BY CAONDO THAT IS ACCESSED FROM OR LINKED TO LANDLORD DESK; AND

• ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.

12.2 You acknowledge that the limitations set forth above are an essential basis of the bargain and of the allocation of risks between the parties. Some states or jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. If you are dissatisfied with any portion of LANDLORD DESK, your sole and exclusive remedy is to discontinue use of LANDLORD DESK and Services.

13. ENFORCEMENT.

Caondo does not assume responsibility to you or others for any failure by Caondo to enforce the provisions contained in this Agreement.

14. TERMINATION.

You agree that Caondo, in our sole discretion and with or without notice, may terminate your use of Landlord Desk (or any part thereof) or any or all Services for any reason, including, without limitation, for lack of use or if Caondo believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Caondo may also in its sole discretion and at any time discontinue providing Landlord Desk, or any part thereof, or any or all of the Services with or without notice. You agree that any termination of your access to Landlord Desk under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Caondo may immediately bar any further access to Landlord Desk. Further, you agree that Caondo shall not be liable to you or any third party for any termination of your access to Landlord Desk or the Services.

15. AUTHORITY.

You hereby represent and warrant to Caondo that: (i) you have all the requisite power and authority, corporate or otherwise, to enter into the binding contract created by this Agreement, conduct yourself and your business and to execute, deliver, and perform all of your obligations under this Agreement; (ii) you have the right to submit and use your Information and Materials in the manner you have done so to or through Landlord Desk and/or through Your Account; (iii) you have the right to grant the permissions granted under this Agreement; (iv) your performance under this Agreement and/or the rights granted herein do not and will not conflict with or result in a breach or violation of any of the terms or provisions, or constitute a default under any contract or agreement, to which you are currently bound or will become bound in the future; and (v) your performance under this Agreement will comply with all applicable laws, rules and regulations (including, without limitation, Fair Housing, export control, privacy and obscenity laws), domestic or foreign.

16. GENERAL

16.1 Governing Law. This Agreement and the relationship between you and Caondo shall be governed by and construed in accordance with the laws of the State of California without regard to its conflicts of laws analysis. For all legal proceedings arising out of use of Landlord Desk and/or relating to this Agreement, you and Caondo hereby irrevocably and unconditionally submit to the jurisdiction of courts located in the City of Santa Barbara, State of California (or the court of competent jurisdiction closest to the City of Santa Barbara, CA if no court of competent jurisdiction resides in the City of Santa Barbara, CA), and the parties consent to the personal jurisdiction of such courts and expressly waive any right they may otherwise have to cause any such action or proceeding to be brought or tried elsewhere. You and Caondo irrevocably waive, to the fullest extent permitted by law, any objection that you/it may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.

16.2 Assignment. You may not assign or transfer this Agreement, in whole or in part, without the prior written consent of Caondo, which may be granted or withheld by Caondo in its sole discretion. Any attempted assignment in violation of this Section will be null and void and of no force or effect. Caondo may assign this Agreement freely at any time without notice. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party’s permitted successors and assigns.

16.3 Waiver. The failure to exercise or enforce any right or provision shall not affect Caondo’s right to exercise or enforce such right or provision at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

16.4 Severability. If any provision of this Agreement is held by a court or arbitrator of competent jurisdiction not enforceable to its full extent, then such provision shall be enforced to the maximum extent permitted by law. If any provision of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

16.5 Entire Agreement. This Agreement, the Privacy Policy, and the Caondo Requirements constitute the entire and exclusive understanding and agreement between you and Caondo regarding this subject matter, and supersede any and all prior or contemporaneous agreements or understandings, written and oral, between you and Caondo relating to this subject matter.

16.7 Headings. The section headings and sub-headings contained in this Agreement are for convenience only and have no legal or contractual effect.

16.8 Support. If you have any questions or concerns about Landlord Desk, this Agreement or the Privacy Policy, please contact your Caondo Account Manager.

Terms of Service