The Guesst Platform allows you, as a property owner, licensor, owner, franchisor, asset manager, landlord, lessor, vendor and/or investor, to receive selected data from your tenants, licensees, occupiers, franchisees, vendors, lessees, and borrowers (“Data Providers”) so you can calculate payments from your Data Providers; share documentation with your Data Providers; receive rent payments; and manage certain other aspects of your business. By the terms of your lease, license or other agreement (your “Agreement”) with your Data Provider, you agree to upload to the Guesst Platform the formulae used to calculate certain sums owed to you by Data Provider under your Agreement. You agree to provide to Guesst any information requested by Guesst that is necessary to the operation of the Guesst Platform and the calculation of amounts owed to you by Data Provider, including without limitation providing such information about the leased premises (the “Premises”) (including without limitation taxes and fees) as may be necessary for Guesst to calculate the Percentage Rent from the Net Sales. The terms “Percentage Rent” and “Net Sales” shall have the meanings given to such terms in your Agreement.
As a condition to your use of these services, you expressly agree that you and your Authorized Users will not use this Guesst Platform or other Internet services provided by Guesst for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You agree to abide by all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions that occur under your member name, including the content of your transmissions through the services provided by the Guesst Platform.
You and your Authorized Users will not use any device, software or routine to interfere or attempt to interfere with the proper working of this Guesst Platform or take any action that imposes an unreasonable or disproportionately large load on Guesst’s infrastructure as determined by Guesst in its sole discretion.
If you opt to use Guesst AutoPay, you agree to comply with and that you are bound by the Dwolla Terms of Service.
You acknowledge and agree that, except (i) as required pursuant to applicable laws and regulations and (ii) with respect to information which is or becomes publicly known otherwise than through a breach of this paragraph, Guesst is not authorized to disclose to you any of your Data Providers’ proprietary information or their customers’ proprietary information or operations at the Premises, including without limitation personally identifiable information of your Data Providers’ customers and employees, and any other transaction information except as necessary to calculate amounts owed to you under your Agreement and as follows: (a) daily number of transactions; (b) average size of transactions; and (c) sales by product category. Further, you acknowledge and agree that, except (i) as required pursuant to applicable laws and regulations and (ii) with respect to information which is or becomes publicly known otherwise than through a breach of this paragraph, Guesst is not authorized to disclose to your Data Providers any information or data about your other Data Providers transmitting data to you via the Guesst Platform.
BY AGREEING TO THESE TERMS OF SERVICE, YOU HEREBY ATTEST THAT YOUR ORGANIZATION IS AWARE OF AND COMPLIANT WITH ANY APPLICABLE REQUIREMENTS OF RELEVANT PRIVACY LAW, INCLUDING, BUT NOT LIMITED TO, THE CALIFORNIA CONSUMER PRIVACY ACT OF 2018, AS AMENDED, AND THE GENERAL DATA PROTECTION REGULATION (GDPR).
Your use of and any browsing in this Guesst Platform and related Internet services are at your risk. Neither Guesst nor any other party involved in creating, producing, or delivering this Guesst Platform is liable for any direct, indirect, incidental, consequential or punitive damages arising out of your access to, or use of, this Guesst Platform or related services. Guesst does not guarantee that the functional aspects of this Guesst Platform will be uninterrupted or error-free or that this Guesst Platform or the server that provides it are free of viruses or other harmful components. Everything on this Guesst Platform is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. FOR EXAMPLE, INFORMATION ON THIS GUESST PLATFORM MAY NOT BE CURRENT, OR COMPLETE WHEN YOU VISIT THE GUESST PLATFORM AND IT MAY CONTAIN ERRORS AND INACCURACIES. ADDITIONALLY, WE DO NOT MAKE ANY COMMITMENTS OF THE GUESST PLATFORM’S FUNCTIONALITY, AVAILABLITY, RELIABLITY OR ALBITY TO MEET YOUR NEEDS.
Guesst does not warrant that the Services will be uninterrupted, timely or secure.
Guesst also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Guesst Platform (or related services) or your downloading of any materials, drawings, data, text, images, video, or audio from this Guesst Platform.
Guesst is not responsible for any of your Data Providers’ liabilities related to the use of the Guesst Platform, including payment of any rent, operating expenses or taxes or the completeness or accuracy of any documents uploaded by you or by your Data Providers to the Guesst Platform.
Guesst is not responsible for any data distribution by your Data Providers or by any other recipients of data via the Guesst Platform that your Data Provider approves.
Notwithstanding the foregoing, the payment of any fees owed to Guesst prior to or upon termination shall be governed by the terms of the Guesst Service Agreement.
The Guesst Platform is the property of Guesst or its licensors, and is protected by copyright and other intellectual property laws. This Guesst Platform may be used only for your business purposes pursuant to the terms of the Guesst Service Agreement. You agree not to copy, reproduce, modify, display, perform, publish, translate, or create derivative works based upon the Guesst Platform.
“Guesst Software” and “Guesst” are trademarks of Guesst in the United States. Guesst’s trademarks may not be used in connection with any product or service which is not Guesst’s, in any manner likely to cause confusion among customers or in any way that disparages or discredits Guesst. Other trademarks that appear on the Guesst Platform are the property of their respective owners.
Guesst Software LLC
8 Wright Street
Westport, Connecticut 06880-3100
The software and documentation available on this Guesst Platform are “commercial items,” as that term is defined in 48 C.F.R. 2.101 (October 1995), consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (September 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227-7202-1 through 227.7202-4 (June 1995), all U.S. government end users acquire the software and documentation with only those rights set forth herein.
Your use of this Guesst Platform, and any related legal action, shall be governed by the laws of the State of New York, without regard to conflict of laws principles. The sole jurisdiction and venue for any litigation arising out of your use of or inquiries to the Guesst Platform shall be an appropriate federal or state court located in the State of New York.