Last revised: 1/3/2012
USE OF SITE
As long as you comply with this Agreement, VaultWare grants you a limited, non-exclusive, non-transferable license to use this Site for its intended purpose of creating a website for marketing an apartment community which you own and/or manage. You may not modify, copy, distribute, re-transmit in any form, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, services or intellectual property obtained from this Site. You shall not use this Site for any other purpose.
In addition to the prohibitions above, you agree that you may not: i) upload, enter, post or otherwise make available any content via the service that you do not have rights to make available under any law, contractual or fiduciary relationship, ii) upload or otherwise submit any content that contains software viruses, or any other computer code files or programs designed to harm and/or negatively impact any hardware or software, iii) use any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to interfere or attempt to interfere with the proper working of this Site or related services and iv) take any action that imposes a burden or load on our infrastructure that is deemed at our sole discretion to be unreasonable or disproportionate to the benefits obtained from your use of the Site.
VaultWare may, at its sole discretion, change, suspend or discontinue any or all of the information, content, features or functionality of this Site and related services for any reason at any time without notice. VaultWare may impose limits or restrict the volume of usage of the provided services without notice or liability.
You represent and warrant that: i) the information you provide to create an account required for use of the services provided from this Site is truthful and accurate and that you will maintain the accuracy of such information, ii) you shall not impersonate or misrepresent your identity and/or affiliation with a person or entity and iii) your use of the Site and provided services does not violate any applicable laws. You agree that your account, or any aspect thereof, may be terminated and/or deleted immediately without warning if VaultWare deems, at its sole discretion, your use of the Site or provided services violates this Agreement or is detrimental to VaultWare in any manner.
You agree that you shall only create one property website per apartment community. In the event that the Site is used to create multiple property websites associated with the same apartment community, either on a single account or across multiple accounts, VaultWare reserves the right, at its sole discretion and without liability, to delete all but the website associated with the account of the then current apartment community manager and/or owner.
You are responsible for the activity that occurs on your account and keeping your account login information secure. VaultWare will not be liable for any unauthorized use of your account. You may never use another account without permission.
You acknowledge that certain special features or add-on modules may be provided only to those users that subscribe to such services and that VaultWare, or the third party providing the service. Users who elect to subscribe to services which require a fee will be responsible for all terms and conditions of those services, including payment.
This Site, its contents, modules, text, graphics, the arrangement and compilation of the content found on this Site and any related intellectual property (including patents and copyrights), is the property or VaultWare and/or its various third party providers. In addition, the trademarks, logos and service marks displayed on this Site are registered and/or common law trademarks of VaultWare and various third parties. Nothing in this Agreement or contained on this Site should be construed as granting, by implication or otherwise, any other licenses not explicitly disclosed herein or any license or right to use any of the trademarks, logos and service marks without the written permission of VaultWare, or such other party that may own them.
By creating an account on this Site and providing your contact information, including email address, you expressly agree to receive promotional and/or sales communications on occasion from VaultWare via mail, email and/or phone. You also agree that your account information may be shared with third parties for the purpose of supporting connections to their services when applicable, or with marketing partners that offer complimentary services.
Generally, VaultWare only uses contact information (such as name, email address and phone number) provided by end users of the property websites you create for its intended purpose (e.g., sending the information via email to the property of interest). VaultWare, or its authorized agents, may on occasion contact end users directly in order to provide support or conduct research for the purpose of improving the service.
You accept sole responsibility and liability for any and all content you submit, or otherwise make available, to the Site (“User Content”), including any URLs or settings activated that cause links from the service to third party services from your property website. You agree that User Content will be, to the best or your knowledge and intent, accurate, of sufficient quality and does not infringe or any third party rights or violate any applicable laws, including but not limited to, fair housing. While VaultWare does not review User Content, VaultWare does reserve the right to delete, without liability, any User Content that VaultWare deems, at its sole discretion, is offensive, illegal or unacceptable for any reason and with no requirement to provide explanation.
Your submission of content shall be deemed and considered a license to use, distribute, reproduce, modify, adapt and publically display such content on the Site or other sites. Subject to this license, you retain all rights and interest to the content you submit via the Site.
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Site any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act.
If you believe that your own copyrighted work is accessible on the Site in violation of your copyright, you may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(c)(3) that contains substantially the following information:
2) Identify the URL or other specific location on the Site that contains the material that you claim infringes your copyright described in Item 1) above. You must provide us with reasonably sufficient information to locate the alleged infringing material.
5) Include a statement by you that the information contained in your notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.
send your Notification of Alleged Copyright Infringement to our Designated
Agent by fax, mail, or E-Mail as set forth below:
28925 Fountain Parkway Solon, OH 44139
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, VaultWare has adopted a policy of terminating, in appropriate circumstances and at VaultWare's sole discretion, accounts that are deemed to be repeat infringers. VaultWare may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
This Site contains links to other websites which are provided solely as a convenience to you. VaultWare is not responsible for the content, accessibility or functionality of any other website and make no representation or warranty regarding any other websites, or the contents, materials, accessibility or functionality on such websites. If you decide to access other websites, you do so at your own risk.
VaultWare AND ANY OF VaultWare’S THIRD PARTY PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING THE SITE AND/OR ANY CONTENT, DATA, INFORMATION, SERVICES, FUNCTIONALITY OR ACCESSIBLITY PROVIDED ON THE SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. VaultWare AND VaultWare’S THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM: I) ANY REPRESENTATION OR WARRANTY THAT THE SITE AND SERVICES WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED; II) ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION FOUND ON THE SITE; III) ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.
LIMITATION OF LIABILITY
VaultWare WILL NOT BE, AND VaultWare’S THIRD PARTY PROVIDERS WILL NOT BE, RESPONSIBLE OR LIABLE FOR (A) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER SOFTWARE, EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO, USE OF OR BROWSING IN THE SITE OR (B) ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THE SITE, CONTENT, DATA, SERVICES OR INFORMATION FOUND THEREIN, (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE OR THE PROVIDED SERVICES OR (III) THE PERFORMANCE OR NON PERFORMANCE BY VaultWare OR ANY THIRD PARTY PROVIDER, EVEN IF VaultWare OR A PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. In its sole discretion, in addition to any other rights or remedies available to VaultWare and without any liability whatsoever, VaultWare at any time and without notice may terminate or restrict your access to this Site and/or the provided services. Some states do not allow the limitation of liability, so the limitations above may not apply to you.
You shall defend and indemnify VaultWare and any third party providers and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf by third parties as a result of your use of this Site or any related services.
Your use of this Site does not create a joint venture, partnership, employment or agency relationship with VaultWare or any of VaultWare’S third party providers.
This Agreement and its performance shall be governed by the laws of the state of Arizona, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Maricopa County, the state of Arizona, United States of America, in all questions and controversies arising out of your use of this Site and this Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this Site must be brought within two (2) years from the date on which such claim or action arose or accrued.
If VaultWare or its third party providers take any action to enforce this Agreement, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
You acknowledge that a violation or attempted violation of any of this Agreement will cause such damage to VaultWare as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that VaultWare shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by VaultWare in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
VaultWare may terminate this Agreement and/or the provision of any of the services at any time for any reason, including any improper use of this Site or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which VaultWare and its third party providers may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
VaultWare reserves the right to change or modify the terms and conditions of this agreement at any time without notice. Users are responsible for regularly reviewing these terms and conditions. Continued use following any change constitutes your acceptance of such changes.
You agree to abide by any additional terms and conditions imposed by any of our third party providers with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with all rule restrictions. You shall be completely responsible for all charges arising out of the use of this Site.
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
This Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site