USE OF WEB SITEAs long as you comply with the terms and conditions of this Agreement, VaultWare, Inc. (VaultWare), as the web site provider for the property and/or property management company (Client), grants you a limited, non-exclusive, non-transferable license to use this site. User may not modify, obscure, frame, copy, distribute, re-transmit in any form, publicly display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, text, graphics, software, products, or services or intellectual property obtained from this site. You shall not use this site for any other purposes. You may not use any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this web site. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this web site. You agree that you will not 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.
OWNERSHIPThis web site, its contents, modules, text, graphics, the arrangement and compilation of the content found on this web site and any related intellectual property (including patents and copyrights), is the property of VaultWare, our Client and/or our 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, our client and various third parties. Nothing contained on this site should be construed as granting, by implication or otherwise, any other licenses not specifically 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.
LINKSThis web site contains links to other third party web sites which are provided solely as a convenience to you and not as an endorsement of the contents of such other web sites. VaultWare is not responsible for the content, accessibility or functionality of any other web site and make no representation or warranty regarding any other web sites, or the contents, materials, accessibility or functionality on such web sites. If you decide to access other web sites, you do so at your own risk.
WARRENTY DISCLAIMERVaultWare, OUR CLIENTS AND ANY OF OUR 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. WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SITE WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED. WE FURTHER DISCLAIM ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION FOUND ON THE SITE. WE EXPRESSLY DISCLAIM AND OUR CLIENTS AND PROVIDERS EXPRESSLY DISCLAIM 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 LIABILITYVaultWare WILL NOT BE, AND OUR CLIENTS AND 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 OR (B) DOWNLOADING OF MATERIAL FROM THE SITE, 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 OR CONTENT, DATA, MATERIALS OR INFORMATION FOUND THEREIN, (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS WEB SITE OR (III) THE PERFORMANCE OR NON PERFORMANCE BY US, OUR CLIENT OR ANY THIRD PARTY PROVIDER, EVEN IF WE, A CLIENT 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. If, despite the limitation above, we are or client or third party provider is found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitation above, then VaultWare’s liability and the client’s or third party providers' liability will in no event exceed, in the aggregate, US$100.00. 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 any component of this site. Some states do not allow the limitation of liability, so the limitations above may not apply to you.
INDEMNIFICATIONYou shall defend and indemnify VaultWare, its Clients 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 in excess of the liability described herein or by third parties as a result of your use of this web site.
RELATIONSHIPYour use of this web site does not create a joint venture, partnership, employment or agency relationship with VaultWare or any of our Clients or third party providers.
GOVERNING LAWThis 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 web site must be brought within two (2) years from the date on which such claim or action arose or accrued.
ATTORNEY'S FEESIf VaultWare, its Clients 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.
INJUNCTIVE RELIEFYou acknowledge that a violation or attempted violation of any of this Agreement will cause such damage to VaultWare and/or it Client 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 and/or our Clients 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 and/or our Clients 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.
TERMINATIONVaultWare 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, its Clients 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.
ASSIGNMENTYou may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
MODIFICATIONVaultWare reserves the right to change or modify the terms and conditions of this agreement. Users are responsible for regularly reviewing these terms and conditions. Continued use following any change constitutes your acceptance of such changes.
ADDITIONAL TERMSYou agree to abide by any additional terms and conditions imposed by any of Clients and/or 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 rules, restrictions and leasing terms. You shall be completely responsible for all charges arising out of the use of this web site.
SEVERABILITYThese 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.
HEADINGSThe headings used in this Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
ENTIRE AGREEMENTThis 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.
Last revised: January 3, 2012