Usage Agreement
Welcome to our subscription services for rental property owners and managers ("Property Managers"). In this agreement, "Company," "we," "us," and "our" refer to the subscription service provider. "Property Manager," "you," and "your" refer to the party entering into this agreement for the Subscription Services.
1. Acceptance of Terms
We provide the Subscription Services to you subject to these Terms of Use ("TOU"), which we may update from time to time. We will not alter Section 7 ("Content Submitted to the Subscription Services") without prior notice to and acceptance by you. Other services, outside of these Subscription Services, may be governed by different terms.
2. Description of Services
The Subscription Services provide rental property owners and managers with access to online resources and communications tools. Unless stated otherwise, any new features that augment or enhance the current Services are subject to the TOU. To use the Services, you must have internet access and the necessary equipment, and you are responsible for any associated fees. We are not a party to, or obligated under, any transaction or rental agreement between you and any renter or prospective renter. Any content made available through the Services is for informational purposes only and is not legal, tax, or investment advice.
3. Your Obligations
You agree to: (a) provide true, accurate, current, and complete information about yourself and your business as prompted by the Services' registration form ("Registration Data"); and (b) maintain and promptly update the Registration Data. If we believe any information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account.
You will pay all subscription, service, and use fees ("Fees") by authorized payment method on or before the due date. Fees may change with at least 30 days' notice and will apply to the next billing cycle. You are responsible for all applicable taxes. You will pay all costs (including reasonable attorneys' fees) incurred in collecting overdue Fees.
4. Information Disclosure and Privacy
As part of the Services, we may make your property listings, showings, public content, and related information available to third parties. We may also disclose aggregate information that does not include personally identifiable information, except as authorized by you or as reasonably necessary to comply with law, enforce these TOU, or under other circumstances described in our privacy policy.
5. Property Manager Conduct
You are solely responsible for all information, data, text, images, and other materials ("Content") you upload, post, or transmit via the Services. You will post Content solely related to rental properties that you own or manage, keep listings current, and accurately describe property features and terms. Your Content will comply with all applicable fair housing laws and will not mischaracterize your relationship with the Company.
You will not use the Services to:
- Upload, post, or transmit Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of privacy, hateful, or otherwise objectionable.
- Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity.
- Forge headers or manipulate identifiers to disguise the origin of Content; create restricted, password-only, or hidden pages not linked from accessible pages.
- Upload, post, or transmit Content you do not have the right to share under law or contractual or fiduciary relationships.
- Upload, post, or transmit Content that infringes any intellectual property or proprietary rights of any party.
- Upload, post, or transmit unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or other solicitations, except in designated areas.
- Post Content that requires membership or payment to access any part of the posted information.
- Upload, post, or transmit material containing software viruses or code designed to interrupt, destroy, or limit functionality.
- Interfere with or disrupt the Services or networks connected to the Services, or disobey related policies or regulations.
- Violate any applicable local, state, national, or international law, regulation, or ordinance.
- Stalk or otherwise harass another.
- Promote or provide instructional information about illegal or harmful activities.
6. International Use
You agree to comply with all local rules regarding online conduct and acceptable Content, including laws regarding the export of technical data from the United States or your country of residence.
7. Content Submitted to the Subscription Services
We do not claim ownership of Content you submit. By submitting Content for inclusion on your site or listings, you grant us a worldwide, royalty-free, non-exclusive license to reproduce, modify, adapt, and publish the Content solely for the purpose of displaying, distributing, and promoting your public office or rental property listings on our internet properties.
We do not pre-screen Content, but we reserve the right, in our sole discretion, to refuse or remove any Content that is available via the Services and that violates the TOU or is otherwise objectionable. You must evaluate and bear all risks associated with the use of any Content.
8. Indemnity
You will indemnify, defend, and hold the Company, its affiliates, officers, agents, partners, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Services, your connection to the Services, your violation of the TOU, or your violation of any rights of another.
9. No Resale of Services
You will not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services.
10. General Practices Regarding Use and Storage
We may establish general practices and limits concerning use of the Services.
11. Modifications to Services
We reserve the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuance.
12. Termination
We may terminate your password, account access, or use of the Services, and remove any Content, for any reason, including lack of use or violation of the TOU. We may also discontinue the Services at any time. Any termination may occur without prior notice, and we shall not be liable for such termination.
13. Links
The Services may provide links to other websites or resources. We have no control over such sites and are not responsible for their availability or for any content, products, or services available from them. We are not liable for any damage or loss caused by or in connection with your use of or reliance on such content, goods, or services.
14. Forms
The Services may allow access to forms prepared by third parties. You are responsible for verifying their accuracy and suitability. We are not responsible for such forms or any damages arising from their use.
15. Proprietary Rights
The Services and any necessary software used in connection with the Services contain proprietary and confidential information protected by intellectual property and other laws. Any artwork, photographs, images, video, descriptive text, or other content we provide remains our property. Except as expressly authorized, you will not modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services or software.
We grant you a personal, non-transferable, non-exclusive right and license to use the object code of our software on a single computer, subject to restrictions against copying, modifying, reverse engineering, or otherwise attempting to discover source code. You agree not to access the Services by any means other than through the interface provided.
16. Disclaimer of Warranties
- Your use of the Services and Content is at your sole risk.
- The Services are provided on an "as is" and "as available" basis.
- We expressly disclaim all warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, course of dealing or usage of trade, and non-infringement.
- We make no warranty that: (i) the Services will meet your requirements; (ii) the Services will be uninterrupted, timely, secure, or error-free; (iii) the results obtained from use of the Services will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained through the Services will meet your expectations; (v) any errors in the software will be corrected; or (vi) any third party will perform as promised.
- Any material downloaded or otherwise obtained through the Services is at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results.
- No advice or information, whether oral or written, obtained by you from us or through the Services shall create any warranty not expressly stated in these TOU.
17. Limitation of Liability
We shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including without limitation loss of profits, goodwill, use, data, or other intangible losses (even if advised of the possibility of such damages), resulting from: (i) the use or inability to use the Services; (ii) the cost of procurement of substitute goods or services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Services; or (v) any other matter relating to the Services.
We are not liable for losses resulting from equipment failure; communication line issues; internet access failures; problems with service providers, networks, or data transmission facilities; unauthorized access; theft; operator errors; severe weather; acts of God; acts of war; or labor disputes. We are not responsible for any damage to your equipment resulting from use of the Services. We are not a collection agency and are not responsible for pursuing renters for payments or other obligations.
18. General Release
Because we are not involved in transactions between property managers and renters or other third parties, if a dispute arises between users of the Services, you release us (and our agents and employees) from claims, demands, and damages of every kind and nature, arising out of or in any way connected with such disputes.
19. Notice
Notices to you may be made by email or regular mail. We may also provide notices of changes to the TOU, Services, or other matters by displaying notices or links to notices generally within the Services.
20. General Information
These TOU constitute the entire agreement between you and the Company and govern your use of the Services, superseding any prior agreements. You may also be subject to additional terms when you use other services, third-party content, or software. These TOU and the relationship between you and the Company shall be governed by the laws of the State of Nevada, without regard to its conflict of law provisions. Our failure to exercise or enforce any right or provision of the TOU shall not constitute a waiver. If any provision is found invalid by a court of competent jurisdiction, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the remaining provisions remain in full force and effect. Any claim or cause of action arising out of or related to use of the Services or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. Section titles are for convenience only and have no legal or contractual effect.