In the terms below, Real Estate Asset Links, Inc. is referred to as "Company"; the user is referred to as "You", "User" or "Customer".
IMPORTANT - READ THESE TERMS CAREFULLY BEFORE ACCESSING SMART PROPERTY SYSTEMS SERVICES (THE "SERVICE"). YOU ACKNOWLEDGE AND AGREE THAT BY CLICKING ON THE ACCEPT BUTTON, OR SIMILAR BUTTONS OR LINKS AS MAY BE DESIGNATED BY COMPANY, TO SHOW YOUR APPROVAL OF ANY FOREGOING TEXT YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT WITH COMPANY ("AGREEMENT"). YOU AGREE TO THE USE OF ELECTRONIC COMMUNICATION IN ORDER TO ENTER INTO CONTRACTS, PLACE ORDERS AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THIS SERVICE. FURTHERMORE, YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION, TO THE EXTENT PERMITTED UNDER APPLICABLE MANDATORY LAW, WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS.
Company shall have the right to change the terms of this Agreement from time to time without prior notice to you. Changes shall become effective immediately upon posting at http://SmartPropertySystems.com. If any increase in fees or any change in service offerings or other terms substantially restricts your lawful use of the Service and is unacceptable to you, you may cancel your subscription. Company has the right to adopt or amend rules of use or change the terms of this Agreement immediately if such rules or changes are necessary to protect users' data or to prevent harm to Company's network or other persons or property, and no subscription refund will be made in such circumstances.
Once you sign up to become a user of the Service, you shall receive a password and an account. You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your password at any time.
If you forget your password, you may request it from the company by automated means. You will be required to answer specific questions to confirm your identification. If you fail to answer such questions properly, Company may deny you access to the Service and data you may have stored. Company has no obligation whatsoever to provide you access to your data upon the expiration or termination of your subscription.
Payment by valid credit card is required for use of Company Paid Subscription Services, Online Smart Payment Services, Tenant Screening services and postal notice services. You will be required to enter into a separate agreement if you choose to use Online Rent-Payment, Tenant Screening services, postal notice services or other paid transactions that are offered. Company will charge payment before paid subscription service will be made available. The Company will bill you each month on the anniversary of your subscription for your next month's subscription fee and for any outstanding transaction costs incurred during the previous month. In the event of any failure by you to make payment or arrange a credit card with available credit, correspondence will not be processed, account access may be denied and the Company will be under no obligation to provide archived data. Use of the Service implies authorization to use the credit card that is being used for this service. Non-authorized use of a credit card will be considered fraudulent and give Company grounds for the consideration of legal action and immediate termination of your subscription. You shall pay all fees and charges incurred through your account in connection with rent processing, tenant screening, postal notices or other optional transactions at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any services offered through the Service by the Company or by any other vendor or service provider. You shall pay all applicable taxes relating to the use of the Service through your account, and the purchase of any other services.
No refunds will be made on subscriptions and services which are already paid for, and service fees will not be prorated. You understand that refunds are not possible because the service may have already occurred by the time we are notified or materials in support of that service are automatically purchased on your behalf. For messages, it is your responsibility to supply a current and correct address. Acceptance of your data from our website does not indicate that information is correct or valid. Missing data or local spellings and abbreviations are used entirely at your risk. Orders that are missing vital information or that have data fields that have become corrupt may not be processed. Notice orders that cannot be processed due to an invalid addressee address will be sent to the return address and refunds will not be provided. Letters which are returned due to an invalid address and return address information will be discarded, and refunds will not be provided. Under normal circumstances, all orders will be processed regardless of apparently missing address information. Company is not responsible for letters that get lost in the postal system and are never delivered or returned and no refunds will be made. Although we do not and cannot review all the messages processed by us, we will not knowingly send text or images of a sexually inappropriate or unlawful nature. We reserve the right to cancel orders and refund the applicable credit card. In all cases, the Company's liability will be limited to the price of the requested transaction. As with all automated processes, we can never guarantee that the content of any letter will be monitored by a data processor and therefore can never be responsible for the content of the letters.
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such content ("Content") originated. Specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You understand that Company does not control, and is not responsible for Content made available through its Service, and that by using this Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge that Company does not pre-screen or approve Content, but that Company shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of this Agreement, or for any other reason. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Company be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transferred or otherwise made available via the Service.
You understand that all ads posted for housing and all communications between landlords and tenants must comply with the US Fair Housing Act. More information about compliance may be found at http://smartpropertysystem.com/fairhousing.
As between you and Company, you will at all times be the owner of the data you create and personally enter (your "Data"); provided however, that the Company may retain and use non-personally-identifiable data that you create and enter including, but not limited to, property address, description and price previously collected from the Company's Site. You will have no right, title or interest to or in the non-personally-identifiable data compiled by the Company, any proprietary Company database, or any derivative work thereof. User acknowledges that Company will compile and use certain information related to the usage of the Web Site and activities thereon. Such information may include, but not be limited to, the volume of rent payment transactions and the value of rent payment transactions. User agrees that Company and Company's partners are authorized to use, reproduce and generally make such information available, as Company and Company's partners may deem appropriate, provided that Landlord and the Resident will in no case be individually identifiable. Neither Landlord nor any Resident shall be entitled to notice of such use, nor any fees or other compensation or benefits derived there from. Once webfolios and/or webflyers become publicly posted, the use of your Data by those persons or entities to whom you have granted access is between you and such persons and/or entities. Once you grant access to such persons and/or entities, you understand that such persons and/or entities may use and/or disclose your Data contrary to the terms upon which you granted them access. Company shall have no responsibility with respect to the use of your Data by such persons or entities. You have the responsibility to check and maintain the accuracy of your Data and to promptly inform Company in the event that you suspect a defect in the Service may be affecting your Data. You understand that although the Service includes certain security protections, your Data could be disclosed as a result of a failure or breach of the security of the Service or Company's network, or as a result of errors in the Service or Company 's network and you release Company from any liability for loss or damage caused by or resulting from any failure or breach of security or from errors in the Service or Company's network. We do not review messages or confirm the validity of information received. We are not responsible for the content of any letters or messages posted or sent through this system. We do not vouch for or warrant the accuracy, completeness or usefulness of any message, and are not responsible for the contents of any message. The messages and posted content express the views of the author of the message/content, not necessarily the views of Company or any entity associated with us. You agree that Company may repost and re-advertise your indicated available property listings on other third party sites in order to maximize the exposure of your ad. In order to fulfill your order request with us we may transmit your order or specified Data to a partner company for the sole purpose of completing your service request or order.
As between you and Company, Company is the sole owner of the Service, the databases and all patents, patent applications, trademarks, copyrights and other proprietary rights of any kind or nature whatsoever related to the Service (collectively, the "Company Intellectual Property"). By accessing the Company services you obtain no ownership rights in the Company Intellectual Property. Rather, you have a limited license to use the Service as set forth in this Agreement as long as you have a fully paid-up subscription (if applicable) and are in compliance with the terms in this Agreement. All rights not granted to you in this Agreement are expressly reserved to Company.
Company provides links to other sites and resources over which Company has no control. Company is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Company makes no representation or warranty as to the accuracy, safety, reliability, completeness or authenticity of the information contained in any such site. Company is not liable for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Finally, you acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which the Company has no control and which will govern your rights and obligations with respect to the use of those Web sites. If you link or post to any other websites, is at your own risk.
All services or merchandise provided under the navigation labeled My Vendors through the Service are provided by a third party contractor. All matters concerning such services and merchandise desired from the Third Party Contractor, including but not limited to purchase terms, payments and payment terms, warranties, guarantees, license terms, maintenance and delivery, are solely between the Third Party Contractor and the User. The Company makes no warranties or representations whatsoever with regard to any such services or merchandise provided by the Third Party Contractor. The User will not consider the Company, nor will the Company be construed, as a party to, or a third party beneficiary of, such transactions, whether or not the Company may have received revenue or other remuneration in connection with the transaction. The Company will not be liable to the User for any costs or damages incurred by the User or any other person with respect to or arising out of transactions with the Third Party Contractor.
You agree to not use the Service to: (a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a Company official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (g) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (h) intentionally or unintentionally violate any applicable local, state, national or international law; (i) "stalk" or otherwise harass another; (j) collect or store personal data about other users; (k) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.
You understand and agree that sending unsolicited email advertisements of your Smart Property Systems real estate listing pages or through Smart Property Systems web based communications is strictly prohibited by these terms. Any unauthorized use of Company computer systems and transfer of unsolicited email is a violation of these Terms and applicable federal and state laws. Such violations may subject the sender/transmitter and his or her agents to civil and criminal penalties.
You agree to defend, indemnify and hold Company, and its subsidiaries, affiliates, officers, agents, co-branders or other 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 Service, your connection to the Service, your violation of this Agreement, or your violation of any rights of another. If you are a landlord, you shall indemnify and hold harmless the Company and its affiliates and partners from disputes between landlord and residents
Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND USE OF YOUR DATA. UNDER NO CIRCUMSTANCE WHATSOEVER SHALL COMPANY HAVE ANY LIABILITY OF ANY KIND OR NATURE WHATSOEVER FOR THE ACCURACY OF YOUR DATA OR THE USE OF YOUR DATA BY ANY PERSON OR ENTITY TO WHOM YOU HAVE GRANTED ACCESS OR FOR THE USE OF YOUR DATA BY ANY PERSON WHO MAY GET ACCESS TO YOUR DATA THROUGH A FAILURE OR BREACH OF SECURITY OF THE SERVICE OR COMPANY'S NETWORK OR THROUGH ERRORS IN THE SERVICE. UNDER NO CIRCUMSTANCE WHATSOEVER SHALL COMPANY HAVE ANY RESPONSIBILITY OR LIABILITY FOR THE FAILURE OF ANY INSTITUTION OR OTHER ENTITY TO MAINTAIN THE ACCURACY OR INTEGRITY OF THEIR RESPECTIVE FILES INCLUDING, BUT NOT LIMITED TO, THOSE FILES WHICH IDENTIFY REVIEWERS OR FOR ANY TEMPLATE, FORM OR OTHER CONTENT WHICH ANY INSTITUTION, REVIEWER OR OTHER ENTITY MAY PROVIDE ACCESS TO YOU THROUGH THE SERVICE. COMPANY SHALL HAVE NO LIABILITY FOR ANY THIRD PARTY LINKS ADDED TO THE SERVICE BY YOU, YOUR INSTITUTION OR ANY OTHER USER OF THE SERVICE. USE OF THIRD PARTY LINKS IS AT YOUR SOLE RISK AND DISCRETION. RESULTS GENERATED FROM THE USE OF SMART PROPERTY SYSTEMS PORTFOLIO AND PROPERTY ANALYSIS TOOLS DO NOT CONSTITUTE INVESTMENT ADVICE. SMART PROPERTY SYSTEMS DOES NOT MAKE RECOMMENDATIONS ON PURCHASES, SALES OR INVESTMENTS. THE COMPANY SHALL HAVE NO LIABILITY FOR ANY DEFAULTS BY TENANTS ON PAYMENTS OF RENT INCLUDING BUT NOT LIMITED TO NSF PAYMENTS, CHARGEBACKS OF PREVIOUSLY PAID RENT OR REVERSALS OF ACH PAYMENTS OR CREDIT CARD PAYMENTS.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, LOSS OF FILES, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF OPPORTUNITY, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR RESULTING FROM FAILURE OR BREACH OF SECURITY, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OR LOSS OF FILES OR DATA, ERRORS, DEFECTS, DELAYS IN OPERATION OR PERFORMANCE, REGARDLESS OF THE CAUSE INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY's NETWORK, PROGRAMS OR SERVICES, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THE EVENT THAT COMPANY FAILS TO PUBLISH A NOTICE IN ACCORDANCE WITH THE SCHEDULE AGREED UPON PURSUANT TO THIS AGREEMENT (OR IN THE EVENT OF ANY OTHER FAILURE, TECHNICAL OR OTHERWISE, OF SUCH NOTICE TO APPEAR AS PROVIDED IN THIS AGREEMENT), THE SOLE LIABILITY OF COMPANY SHALL BE LIMITED TO THE PURCHASE PRICE OF THE NOTICE IN QUESTION. SUBJECT TO THE AFORESAID LIMITATION WITH RESPECT TO NOTICES, NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY IN THIS AGREEMENT, YOUR EXCLUSIVE REMEDY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHICH YOU MAY INCUR OR SUFFER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, AT LAW OR OTHERWISE, SHALL BE TO RECOVER DAMAGES IN AN AMOUNT THAT IS NOT IN EXCESS OF THE AGGREGATE DOLLAR AMOUNT OF THE SUBSCRIPTION FEE , IF ANY, YOU PAID FOR THE MOST RECENT YEAR OR SHORTER PERIOD PRIOR TO THE MATTER IN QUESTION. TO THE EXTENT THAT COMPANY'S LIABILITY UNDER THIS AGREEMENT CANNOT BE SO LIMITED OR EXCLUDED BY LAW, LIABILITY SHALL BE LIMITED TO REPLACING ANY DEFICIENT SOFTWARE OR CORRECTING ANY DEFICIENCY THEREIN, AS ELECTED SOLELY BY COMPANY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR CONDITIONS AND/OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE EXCLUSIONS AND/OR LIMITATIONS MAY NOT APPLY TO YOU.
Except as specifically provided in the description of your subscription, Company has no obligation to support the Service, correct any defects or create any upgrade. Company, at its sole option, at any time, may cancel and/or modify the Service, or establish rules relating to its use. Although Company makes every effort to address questions and requests for changes, Company has no obligation to support free Services, correct any defects or create any upgrade. Company, at its sole option, at any time, may cancel and/or modify the free Services, discontinue free Services or establish rules relating to use.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of Company and/or its licensors and its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Company and protected by U.S. and international copyright laws. All software used on this site is the property of Company and/or its software suppliers and protected by United States and international copyright laws.
Entire Agreement. This Agreement shall constitute the entire agreement between the parties hereto. No provision of this Agreement may be terminated, waived or modified unless set forth in a written agreement signed by both parties to this Agreement or pursuant to Company posting updated terms as described above, or by you accepting new terms at the time of accepting an upgrade or new version.
You shall not assign any of your rights or obligations under this Agreement without the prior written consent of Company. Company reserves the right to assign or otherwise transfer all or any portion of this Agreement; provided, however that any assignee or transferee agrees to be bound by the terms and conditions hereof.
You shall not permit or allow any other person to use your password to access the Service.
This Agreement shall be construed, interpreted and governed by the laws of the State of Washington without regard to conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this Agreement shall be an appropriate federal or state court sitting in Blaine County, Idaho, USA. Notwithstanding the foregoing, you acknowledge that Company may seek specific performance, injunctive, or other equitable relief in any court of competent jurisdiction in order to protect its copyrights, patents, trade secrets or other intellectual property and you agree to submit to the personal jurisdiction of any such court. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Company shall not be responsible or liable for any damages to you by reason of any extraordinary event, such as state or governmental action, war, terrorism, riot, labor dispute or strike, accident, fire, flood, storm, natural catastrophe or prolonged shortage of energy supplies, theft, disruption in connectivity or any other cause beyond the reasonable control of Company.
If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be interpreted so as to reasonably effect the intention of the parties.
No failure on the part of either party to exercise, and no delay in exercising, any right or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy granted hereby or by law.
The provisions of Sections regarding refunds, privacy, content and ownership of data, advertisements and promotions, conduct, indemnity, disclaimers of warranties and liability, limitations of warranty and liability, support, copy write, term and termination and the general provisions shall survive the expiration or termination of this agreement for whatever reason whatsoever.
To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications by Company and its suppliers regarding use of the Service ("Communications") by you, may be provided to you electronically and you agree that such Communications may be in electronic form. Electronic Communications may be delivered to any email address provided by you for such purpose, or Communications may be posted on the pages within Company's web site. Communications may be printed and retained, and Company recommends that you print and retain copies of all Communications. All Communications in either electronic or paper format will be considered to be in "writing". Company reserves the right but assumes no obligation to provide Communications in paper format. You may revoke your consent to receive electronic Communications by notifying Company of your decision to do so, by sending an e-mail message to Company at cancel@SmartPropertySystems.com or by telephoning support at 855 796-7771 in the United States. If you revoke your consent to receive Communications electronically, Company may terminate your right to use the Service.