This website and all services and/or products used in connection therewith (collectively, "Website") are being offered by Property Capsule Inc. and its affiliates ("Property Capsule") to the end user ("User") upon the following terms and conditions ("Terms"). These Terms are a legal agreement between Property Capsule and User, and by submitting information to Property Capsule, using, or otherwise accessing the Website, User hereby agrees to be bound by these Terms, which may be changed by Property Capsule at any time, and from time to time. If User does not agree to be bound by these Terms, User may not submit information, use, or otherwise access the Website. These Terms supersede any prior agreement(s) between Property Capsule and User regarding the access and use of the Website.
Use of the Website is subscription based and is therefore conditioned on User's advanced payment of a monthly subscription fee to Property Capsule. User is responsible for the timely payment of all such fees and any other taxes or assessments attributable to User in connection with the use of the Website. User hereby (i) agrees to provide User's complete and accurate registration and billing information (including any modifications thereto) to Property Capsule, (ii) agrees to pay all subscription fees for use of the Website to Property Capsule, and (iii) if applicable, authorizes Property Capsule to charge User's credit card on an automatic and recurring basis for all fees owed to Property Capsule for use of the Website.
The subscription fees are due monthly on the same date of each calendar month ("Billing Date"), as determined by Property Capsule in its sole discretion. Property Capsule may change the Billing Date without notice to User. Unless Property Capsule changes the Billing Date after User has subscribed, subscription fees to the Website will not be prorated and the registration or use of the Website at any time during a calendar month will constitute User's agreement to pay the full subscription amount for such month.
User may sign-up for a free thirty (30) day trial subscription ("Trial Period") to evaluate the Website. User may convert the trial subscription into a paid subscription at any time before the end of the Trial Period by clicking on the subscription link in User's account and submitting a completed subscription form to Property Capsule. If User does not convert the trial subscription into a paid subscription, then upon expiration of the Trial Period User's account will be deactivated; resulting in a complete and irretrievable loss of content from User's account, for which Property Capsule will not have any liability whatsoever. User may sign-up for only one (1) Trial Period unless otherwise expressly agreed to in writing by Property Capsule, and any violation of this policy may result in the immediate termination of User's account.
If User upgrades or downgrades its service level (i.e., from Property Capsule Lite to Property Capsule Pro, or vice versa), then such change in service and the new subscription fee amount will be effective on the next Billing Date. User understands that any downgrade in service will result in the loss of certain features and may result in a complete and irretrievable loss of content from User's account, for which Property Capsule will not have any liability whatsoever.
PROPERTY CAPSULE RESERVES THE RIGHT, AT ANY TIME AND FROM TIME TO TIME, TO PROSPECTIVELY CHANGE THE NATURE AND AMOUNT OF FEES CHARGED FOR USE OF THE WEBSITE, AND THE MANNER IN WHICH SUCH FEES ARE ASSESSED.
Subject to the provisions hereof, User may use the Website in connection with its commercial real estate business ("User's Business") by providing the specific marketing information about User's property listings made available on the Website to User's clients and prospective clients ("Permitted Uses"). User may display, print, or copy information from the Website for use in word processing, PDF, spreadsheet, and presentation programs in connection with User's Business.
Property Capsule reserves the right to refuse providing access or use of the Website to anyone for any reason at any time.
User will not:
1. Access or use any part of the Website if User is a competitor of Property Capsule, or offers a product or service that competes with the Website, directly or indirectly;
2. Access or use any part of the Website if User is not a human being. Accounts registered by "bots" or other automated methods are prohibited;
3. Provide access to password-protected areas of the Website to any person or entity other than User;
4. Disclose, distribute, transmit, or use any information about the Website in connection with any person or entity's attempt to develop a competing product or service;
5. Reverse-engineer any feature of the Website. For purposes of this section, "reverse-engineer" includes, without limitation, disassembly or decompilation of object/binary code, analysis of algorithms, any action or attempted action to re-implement similar functionality or design in a separate tool, capturing network traffic, deobfuscation of code, or other attempt to derive the source code of any part of the Website or its underlying technology;
6. Cause any disruption to the Website;
7. Access or use the Website in a manner that is unlawful in any way;
8. Access or use the Website in a manner that violates any agreement to which User or any User Content (as defined below) is or will be bound;
9. Falsely state or otherwise misrepresent any registration or billing information, or otherwise disguise the origin of any information, data, text, software, photographs, images, graphics, or other content posted on or transmitted through the Website; or
10. Otherwise access or use the Website in a manner inconsistent with the Permitted Uses described above.
Property Capsule Ownership and License Agreement
Property Capsule owns all right, title, and interest in and to each and every component of the Website and its underlying technology (including all Property Capsule Tools and Intellectual Property incorporated therein, each as defined below). Property Capsule hereby grants to User a personal, non-exclusive, revocable, non-transferable license to use the Website in accordance with these Terms.
"Intellectual Property" means any and all now known or hereafter known tangible and intangible (i) rights associated with works of authorship throughout the universe, including but not limited to copyrights and moral rights (including any rights of paternity or integrity), (ii) trademark and trade name rights and similar rights, (iii) trade secret rights, (iv) patents, designs, algorithms and other industrial property rights, as well as all amendments, modifications, and improvements thereto, (v) all other intellectual property and industrial property rights, and (vi) all registrations, initial applications, renewals, extensions, continuations, divisions, or reissues of hereof now or hereafter in force (including any rights in any of the foregoing).
"Property Capsule Tools" means any Intellectual Property, tool, utility, material, confidential knowledge or information (including without limitation all concepts, ideas, architectures, strategies, methodologies, methods, know-how, show-how, or trade secrets utilized by Property Capsule in the performance of its business), artwork, graphics, algorithms, or computer code (both in object code and source code form), that Property Capsule has (i) developed or licensed (or hereafter develops or licenses), or (ii) offered as a subscription based product or service (including the Website). Property Capsule Tools also includes any improvement, enhancement, modification, customization, or derivative work of a Property Capsule Tool.
User may submit information, data, text, photographs, images, graphics, and other content (including trademarks, logos, and trade names) for it to be used in conjunction with the Website ("User Content"). User Content (i) is the sole responsibility of the User and Property Capsule will have no liability in connection therewith, (ii) posted on the Website by User may be removed by Property Capsule at any time and for any reason as determined by Property Capsule in its sole discretion, and (iii) submitted by User to Property Capsule for posting on the Website, may not be posted or used by Property Capsule for any reason as determined by Property Capsule in its sole discretion.
Property Capsule acknowledges that User retains all applicable ownership rights that it may have with respect to User Content. User, however, hereby grants to Property Capsule and its affiliates a worldwide, royalty-free, transferable, perpetual, irrevocable, non-exclusive and fully sub-licensable (through multiple tiers) license ("License") to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with the User Content (in whole or part) on a worldwide basis and/or to incorporate the User Content in other works in any form, media, or technology now known or later developed. User further acknowledges and agrees that Property Capsule may preserve and/or disclose User Content in its discretion.
User authorizes Property Capsule to collect and use identifying information (both personal and non-personal) about User and its use of the Website for any purpose Property Capsule desires. Such information may be used to improve the Website, provide technical support and communications about the Website, and/or determine whether User has violated these Terms. Property Capsule reserves the right to use and disclose any information about User in connection with (i) the protection of the Website, including any Property Capsule Tool or Intellectual Property, (ii) the protection of Property Capsule from liability, or (iii) any merger, liquidation, or acquisition of Property Capsule, any Property Capsule Tool or Intellectual Property, or the Website or its underlying technology.
Representations and Warranties of User
User represents and warrants to Property Capsule that:
1. User has all legal right, power, and authority to assent to these Terms and access and use the Website, and that such use does not and will not violate any other agreement, law, regulation, or judgment to which User is or will be bound;
2. If User is a natural person, that User is over the age of 18;
3. User's registration and billing information provided to Property Capsule is accurate and current;
4. User has sufficient right, title, and interest in and to the User Content to (i) permit its use with the Website, and (ii) grant the License to Property Capsule, in accordance with these Terms and without violating any other agreement, law, regulation, or judgment to which the User or the User Content is or will be bound;
5. There are no claims, suits, settlements, or judgments relating to any User Content;
6. Property Capsule's and/or its affiliate's use or grant to third parties of the rights granted by the License does not and will not violate any right or interest of any third party.
User may provide hyperlinks to and/or framing of the Website for use consistent with the Permitted Uses (as described above). All other hyperlinks to and/or framing of the Website are prohibited. Notwithstanding any of the foregoing, Property Capsule reserves the right to require User to immediately remove any hyperlink or framing of the Website upon request, and for any reason whatsoever.
User understands that the Website may include hyperlinks or framing to other websites owned and operated by third parties, and it is User's responsibility to read and comply with the terms of any such websites. Under no circumstances will Property Capsule have liability in connection with any websites that link to, or are linked from the Website.
THE WEBSITE AND ALL COMPONENTS THEREOF ARE PROVIDED "AS IS" AND WITHOUT WARRANTY. PROPERTY CAPSULE DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND RELATING TO THE WEBSITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, THOSE RELATING TO MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, WORKMAN LIKE EFFORT, NON-INFRINGEMENT, SYSTEM INTEGRATION, QUIET ENJOYMENT, NO ENCUMBRANCES OR LIENS, AND THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
PROPERTY CAPSULE DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS, WARRANTIES, OR GUARANTEES RELATING TO THE QUALITY OR ACCURACY OF THE WEBSITE, OR THAT ACCESS TO OR USE OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. USE OF THE WEBSITE IS AT USER'S OWN RISK AND USER WAIVES ALL CLAIMS AND CAUSES OF ACTIONS FOR DAMAGE TO USER'S COMPUTER SYSTEM OR OTHER SOFTWARE RESULTING FROM USER'S ACCESS TO OR USE OF THE WEBSITE.
User understands and acknowledges that the Website uses integrated components from third party websites, including, without limitation, www.google.com, www.bing.com, and www.urbanmapping.com. It is User's responsibility to read and comply with the terms of all third party websites.
ALL CONTENT, INCLUDING, WITHOUT LIMITATION, MAPS, DRIVING DIRECTIONS, AND SEARCH RESULT INFORMATION, PROVIDED BY THIRD PARTIES IS INFORMATIONAL ONLY AND NO PROMISES, REPRESENTATIONS, WARRANTIES, OR GUARANTEES ARE MADE WITH RESPECT TO THEIR USABILITY OR ACCURACY. USER ASSUMES ALL RISKS OF USE AND AGREES TO BE BOUND BY THE TERMS AND POLICIES OF SUCH THIRD PARTY WEBSITES, AND UNDER NO CIRCUMSTANCES WILL PROPERTY CAPSULE BE RESPONSIBLE OR LIABLE IN CONNECTION WITH THE USE OR CONTENT PROVIDED BY THIRD PARTY WEBSITES.
User acknowledges and agrees that Property Capsule may limit, terminate, or suspend User's access to the Website at any time and for any reason, and without notice or cause. Termination may be effected by Property Capsule for reasons including, but not limited to, noncompliance with these Terms, nonpayment of subscription or other fees owed to Property Capsule by User, or the discontinuance of the Website. In such event, User will cease accessing or using any portion of the Website and any information or other content derived therefrom (excluding User Content).
User may terminate its subscription at any time by clicking on the cancellation link located on User's account page (if provided), or providing written notice. User will be responsible for the full subscription fee during the commitment period in which User cancels its subscription. All content in User's account may be immediately deleted from the Website and cannot be recovered by User after cancellation. Termination will have no effect on any of Property Capsule's rights to User Content granted under these Terms and all other content in User's account will be forfeited and relinquished to Property Capsule, and will become the sole and exclusive property of Property Capsule.
Limitation of Liability
USER AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROPERTY CAPSULE AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND OTHER AGENTS WILL NOT BE LIABLE FOR ANY LOSS, COSTS, OR DAMAGES, WHETHER DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY USER OR ANY THIRD PARTY ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE WEBSITE, OR USER'S FAILURE TO KEEP USER'S LOGIN AND/OR PASSWORD SECURE AND CONFIDENT) IN ANY WAY RELATING TO OR ARISING OUT OF THE ACCESSING OR USE OF THE WEBSITE.
USER AGREES THAT ITS EXCLUSIVE REMEDY IS A REFUND OF THE SUBSCRIPTION FEES IT HAS PAID TO PROPERTY CAPSULE FOR ACCESS AND USE OF THE WEBSITE, AND UNDER NO CIRCUMSTANCES WILL PROPERTY CAPSULE'S AGGREGATE LIABILITY TO USER EXCEED SUCH FEES. ANY ACTION RELATING TO OR ARISING OUT OF THE ACCESSING OR USE OF THE WEBSITE NOT BROUGHT WITHIN ONE (1) YEAR OF THE ACCRUAL OF SUCH ACTION IS TIME-BARRED.
CALIFORNIA RESIDENTS WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Property Capsule will have all remedies available at law or in equity against User for User's violation of these Terms. Additionally, User agrees to be responsible for any and all damages, costs, and expenses (including reasonable attorneys' fees, whether at trial or on appeal) for the costs of enforcing these Terms or otherwise arising from or related to User's violation of these Terms (including collecting any amount owing to Property Capsule).
User agrees to indemnify, defend, and hold Property Capsule and its officers, directors, shareholders, members, managers, employees, contractors, affiliates, and other agents harmless from and against any third party action, suit, claim or demand and any associated losses, expenses, damages, costs and other liabilities (including reasonable attorneys' fees at trial and on appeal), arising out of or relating to User Content, use or misuse of any portion of the Website, or User's violation of these Terms. User will cooperate as fully as reasonably required in the defense of any such claim or demand. Property Capsule and any third party involved in creating, producing, or delivering the Website reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, at User's expense, and User will not in any event settle any such matter without the written consent of Property Capsule and any such third party.
The Website employs or will employ various trademarks and service marks of Property Capsule and other third parties. All of these trademarks and service marks are the property of their respective owners. You agree not to use or display them in any manner without the prior written permission of the applicable trademark and/or service mark owner.
NOTICE -- U.S. Government Rights/Commercial Technical Data and Software Unpublished, Rights Reserved Under the Copyright Laws of the United States
The Website contains commercial technical data and computer software that have been privately developed and are normally vended commercially under a license or lease agreement restricting their use, disclosure and reproduction. In accordance with FAR 12.211, 12.212, 27.405(b)(2) and 52.227-19 and DFARS 227.7202, 227.7102 and 252.227-7015, as well as other applicable supplemental agency regulations, use, reproduction, disclosure and dissemination of this commercial technical data and computer software are governed strictly in accordance with Property Capsule's license agreements, including these Terms.
The Website is controlled and operated by Property Capsule from its offices within the United States. Property Capsule makes no representation that any portion of the Website or other material accessed through the Website is appropriate or available for use in other locations, and access to them from other countries where their contents are illegal is prohibited. Those who choose to access the Website from other locations do so on their own volition and are responsible for compliance with applicable local laws. You may not export or re-export any portion of the Website except in full compliance with all United States laws and regulations, and these Terms. In particular, no portion of the Website may be exported or re-exported into (or to a national or resident of) any country to which the United States embargoes goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders.
These Terms and the agreement made between Property Capsule and User will be governed, construed, and enforced in accordance with the laws of the State of California without giving effect to principles of conflict of laws. User agrees to submit to the exclusive jurisdiction and venue of the courts of the State of California. The Website may not be accessed or used in any jurisdiction that does not give effect to all provisions of these Terms.
If any provision of these Terms is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. User and Property Capsule agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision.
The waiver by Property Capsule of a breach of any provision of these Terms will not operate or be interpreted as a waiver of any other or subsequent breach.
User acknowledges that no joint venture, partnership, employment, or agency relationship exists between User and Property Capsule as a result of these Terms or use of the Website. User agrees not to hold himself/herself or itself out as a representative, agent, or employee of Property Capsule, and Property Capsule will not be liable for any representation, act, or omission of User.
User grants Property Capsule permission to send email to User and associates for all purposes as needed by Property Capsule; including, but limited to, system notifications, release notes, new product updatess, announcements and event-based communication.
All notices to Property Capsule will be made at the following address:
Property Capsule Inc. 2 Embarcadero Center, 8th Floor, San Francisco, CA 94111 USA
Claims regarding copyright infringement
Notice of Copyright Infringement:
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), Property Capsule has implemented procedures for receiving written notification of claimed infringements. Property Capsule has also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, please provide a written communication to Property Capsule’s registered DMCA agent the information specified below:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description specifying the location on our website of the material that you claim is infringing;
4. Your email address and your mailing address and/or telephone number;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please submit your notice to Property Capsule’ Copyright Agent as follows:
By mail at: Property Capsule Inc. Attn: Copyright Agent 2 Embarcadero Center, 8th Floor San Francisco, CA 94111 USA
By email at: firstname.lastname@example.org
The name of the requesting copyright owner may be published on Property Capsule in place of the turned off content. The name will become part of the public record of your request, along with your description of the work(s) allegedly infringed. All other information, including your full legal name and email, are part of the full takedown notice, and we may forward any notice(s) of alleged infringement to the person(s) who provided the allegedly infringing content.
Modifications to the Website; Changes to these Terms
Property Capsule is continuously updating and changing the Website, and reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that Property Capsule will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website (or any part thereof). Additionally, Property Capsule reserves the right, in its sole discretion, to change these Terms at any time by posting a revised version of these Terms on the Website. It is User's responsibility to check periodically for any changes to the Website and these Terms. User's continued use of the Website following the posting of changes to these terms or other policies means you accept the changes.
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