This End-User License Agreement ("EULA") is a legally binding contract between you and Property Management Profile, LLC ("PMP"), and governs your use of www.PropertyManagementProfile.com and any related web sites (the "Sites"). Before you use the features of the Sites, you must agree to the terms of this EULA and acknowledge PMP's Privacy Policy. This is a binding legal agreement, and you should consult an attorney if you do not understand it.
This EULA limits your legal remedies and our liabilities to you.
You may use the Sites only under the following circumstances: (a) you are a property owner (an "Owner") seeking a property management firm; or (b) you are a property management firm (a "Manager") seeking to market your services to property owners. You agree not to use the Sites unless you satisfy these requirements and then only in the ways allowed by this EULA.
Things you may not do while using PropertyMangementProfile.com
You may not do any of the following while using the Sites:
- Post false, inaccurate, misleading, or defamatory content on the Sites.
- Violate any laws or third party rights.
- Use the Sites at all if you are under the age of 18 or are legally incapable of forming binding contracts.
- Transfer your user account to any other person or entity, or provide your user ID and password to anyone else without PMP's permission.
- Disclose any content from the Sites to anyone except to the extent required to further your own transaction(s) with Owners, or Managers, or both, on the Sites.
- Gather, or attempt to gather, by any automated means, including but not limited to "screen scraping" or "database scraping," any content from the Sites.
If you are an Owner, you may not:
- Use the Sites for any purpose other than locating a Manager for your own properties.
- Make false or misleading statements regarding any Manager as part of a review you post on the Sites.
If you are a Manager, you may not:
- Use the Sites for any purpose other than locating Owners who wish to purchase your services.
- Use the Sites to gather intelligence regarding your competitors, the other Managers on the Sites.
- Use the Sites to coordinate pricing or terms for your services with your competitors.
License to content
You grant to PMP a non-exclusive, world-wide, royalty-free, perpetual, irrevocable license to reproduce, distribute, display, perform, and create derivative works and compilations of, the content you provide on the Sites. This license applies to PMP's use of your content on the Internet, and in any other medium now known or discovered in the future. You grant PMP the right to sublicense these rights to others, and to grant others the right to sublicense these rights.
PMP grants you a revocable, limited, non-exclusive license during the term of this EULA to duplicate, distribute and display content from the Sites, solely for the purposes and subject to the limitations in this EULA. PMP grants nonexclusive licenses and not exclusive licenses or assignments. PMP reserves all rights that it has not expressly granted to you in this EULA.
Acknowledgement of Title
You acknowledge that all right, title, and interest in the copyrights and other intellectual property rights in the content on the Sites (except the content you contribute) reside at all times in PMP and its licensors.
User generated content
You are responsible for all content you post to the Sites, if any. You warrant that any content you post to the Sites will meet the following requirements:
- You have all necessary rights and permissions to post the content.
- It is not illegal, obscene, offensive, or infringing on any rights of any third party (including intellectual property, privacy, and contract rights).
- It is does not contain "malware" or any other type of virus or invasive software or code.
- It is associated with your real name and correct email address, and it does not mislead as to its origin.
- It is not a commercial solicitation (except as expressly permitted in this EULA) and does not constitute "spam" or any other communication unrelated to the purposes of this EULA.
Though PMP does not actively police or edit content on the Sites, it reserves the right to remove any content you provide if PMP determines that the content violates this EULA.
You may remove your content from the Sites at any time, and if you do so, your license to PMP to use the content will expire.
Fees
Owners may use the Sites free of charge, subject to the terms of this EULA. Managers may preview the Sites free of charge, but in order to advertise their services, they must enter into a separate advertising agreement with PMP and pay the fees PMP establishes for advertising.
Liability
You agree not to hold PMP liable for the actions, failures to act, or statements of anyone else, include any posts or reviews they make on the Sites about you or your services. PMP does not take part in the negotiation or formation of contracts between Owners and Managers or in the delivery of services by Managers to Owners.
To the extent permitted by law, PMP excludes and disclaims all implied warranties. PMP provideS the siteS and CONTENT THEM on an "as is," "as available" basis. pmp makes no warranty as to the accuracy, completeness, currency, or reliability of statements on the sites of owners and managers. you are advised that factual material in the Licensed content may contain errors and is subject to revision at all times. You are advised to confirm all factual material upon which you intend to rely in any transaction.
Under no circumstances shall PMP (or its employees, officers, directors, and affiliated companies) be liable to you or anyone else for any indirect, incidental, special, consequential, Exemplary, or punitive damages that result from the use of, or inability to use, the sites, the Content on them, Or Both. iN no event shall THE MAXIMUM AGGREGATE LIABILITY OF PMP FOR DAMAGES AND COSTS ARISING OUT OF THIS AGREEMENT EXCEED $100.
You release PMP (and its employees, officers, directors, and affiliated companies) from any claims and damages of any kind, arising from the actions of other users of the Sites.
Some states do not permit the exclusions of certain types of liability or limitations on certain types of warranties. if these state laws apply to you, some of the limitations and exclusions above may not apply to you, and you may have other rights or remedies.
Indemnity
You will defend, indemnify and hold PMP (and its and its employees, officers, directors, and affiliated companies) harmless from and against any and all liability, damages, loss or expense (including reasonable fees of attorneys and other professionals) in any claim, demand, action or proceeding initiated by any third-party against the Licensors arising from your breach of this or any other agreement or violation of any law.
Dispute resolution
This agreement shall be governed by, and construed in accordance with, the laws of the State of Connecticut in the United States of America, applicable to contacts made and performed in Connecticut, but without regard to the choice of law provisions of Connecticut law.
Any dispute between you and PMP must be resolved according to one of the following three options:
- You or PMP may bring a legal action in a court located in Connecticut in the United States of America. You agree to submit to personal jurisdiction of the courts located in Connecticut for purposes of interpreting and enforcing this EULA; or
- If the amount in dispute is less than $20,000, you or PMP may bring an arbitration claim through the American Arbitration Association or another arbitration provider mutually-agreed upon between PMP and you, provided the parties and the arbitration provider agree that (1) the arbitration may be conducted entirely by telephone and exchange of documents; (2) no party or witness will make any personal appearance; and (3) the arbitrator may enter any judgment in any court of competent jurisdiction; or
- The parties may agree to some other form of dispute resolution.
Notices and communications
You consent to electronic communications from PMP and agree that electronic communications in the form of electronic mail and postings on the Sites satisfy requirements that notice be "in writing".
PMP may give you notice of any amendment or fact by posting the notice for no less than 30 days on the Sites. If you register on one of the Sites, PMP will provide notice via means of the email address you provided when you register. You may provide notice to PMP by sending email to info@propertymanagementprofile.com or by mailing or faxing notice to:
- Property Management Profile, LLC
- P.O. Box 4251
- Waterbury, CT 06704-4251
- FAX: (203) 597-8591
Term and amendment
This EULA is effective as of August 30, 2007, for users of the Sites. PMP may amend this EULA by providing notice to you. No other amendment of this EULA shall be binding on PMP, unless in writing and signed by an authorized representative of PMP. Your or PMP may terminate your use of the Sites and license to the content on the Sites upon notice at any time; all PMP's and your other duties under this EULA will remain in full force and effect.
General terms
You may not assign or delegate this agreement or any obligations, rights, or duties hereunder; any purported assignment or delegation inconsistent with this paragraph is null and void. PMP may assign this EULA in its sole discretion, provided it gives notice to you. This EULA contains the entire understanding of the parties and supersedes all previous oral and written agreements on the subject matter hereof. Each provision of this EULA is severable from the whole, and if one provision is declared invalid, the other provisions shall remain in full force and effect.