American Property Management Inc.
Terms of Service
Effective January 29, 2016
Please read these Terms of Service (“Terms”) carefully. If you use or access American Property Management Inc. (“APM” or “we” or “us”) services, products, or websites (“APM Services”), you agree to be bound by these Terms. If you do not agree to these Terms, do not use the APM Services. We may update or modify these Terms from time to time and will post them and update the date. By accessing or using the APM Services thereafter, you agree to be bound by such updated Terms. If you do not agree, you should not continue to use the APM Services.
When using the APM Services, you agree to provide accurate information to us at all times and promptly update any information provided. You are responsible for any inaccurate information you provide in connection with the APM Services, regardless of whether such actions are taken by you or a third party.
You represent and warrant that you meet the following qualifications: (1) you are at least 18 years of age and a resident of the US; and (2) you are able to form legally binding contracts under applicable law.
As between you and us, all User Content is your sole and exclusive property and you are responsible for it. “User Content” consists of any information, content, or material that you upload, post, or transmit to the APM Services. We may use the User Content to provide the APM Services to you. We may also aggregate User Content with other user content in such a way that it will not identify you and we may use that aggregated User Content to develop and improve APM’s products and services. Except as otherwise provided in these Terms, we will not use the User Content.
In addition, we may use or disclose any information that we reasonably believe is necessary to: (1) satisfy legal requirements or governmental requests; (2) enforce or investigate violations of these Terms; (3) detect, prevent, or otherwise address fraud, security, or technical issues; (4) respond to your user support requests; (5) protect the rights, property, or safety of APM, our users, and the public.
With regard to your use of the APM Services, you agree not to engage in any of the following activities and that doing so is a breach of these Terms:
- Violating local, state, or other applicable laws or regulations;
- Impersonating a third party or implying you are someone other than who you are;
- Distributing viruses or other harmful or malicious computer code;
- Collecting information about others without their explicit written consent;
- Allowing a third party or third party system to use your identification or to pretend they are you; or
- Engaging in any conduct that disrupts or impedes a third party’s use and enjoyment of the APM Services, or which, in our judgment, exposes us or any customers, partners or related entities to liability or detriment of any type.
Use of APM Services; Limited License
APM grants you limited, revocable, non-sublicensable license to access and use the APM Services and all content, data, information, and materials included in the APM Services (the “APM Services Materials”) solely for your own personal use, subject to the terms and conditions set forth in these Terms or provided in connection with the APM Service. All other rights are reserved by APM. You agree that you will not modify, copy, distribute, resell, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, or use the APM Service or APM Service Materials except as explicitly authorized in these Terms. You will not use the APM Services or any of the APM Services Materials other than for their intended purpose or in any way that is unlawful or harms us or our suppliers.
Without limiting the foregoing, you may not engage or attempt to engage in the practices of “screen scraping,” “database scraping,” “data mining” or any other activity with the purpose of obtaining lists of users or other information from the APM Services or that uses web “bots” or similar data gathering or extraction methods, or knowingly permit another party to do so. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the APM Services.
Third Party Services
You agree that any materials that you provide to us, whether in email, feedback forms, or other submission format, shall belong exclusively to us, without acknowledgement or compensation to you.
THE APM SERVICES, THE APM SERVICES MATERIALS, AND OTHER SERVICES, PRODUCTS, OR MATERIALS PROVIDED IN CONNECTION THEREWITH BY APM OR ANY OTHER THIRD PARTY (THE “MATERIALS”) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. APM AND ALL OTHER THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
APM AND ALL OTHER THIRD PARTIES EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR COVENANTS THAT THE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHILE WE ATTEMPT TO ENSURE YOUR ACCESS TO AND USE OF THE MATERIALS IS SAFE, APM DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE MATERIALS OR THE APM OR THIRD PARTY SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT WILL APM OR OTHER THIRD PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE APM SERVICES, THE USE OF THE APM SERVICES MATERIALS, OR THE MANNER OR MEANS BY WHICH THE DOCUMENTS ARE DELIVERED TO YOU. IN ANY EVENT, THE MAXIMUM LIABILITY OF APM AND OTHER THIRD PARTIES ARISING WITH RESPECT TO THE MATERIALS OR OTHERWISE, WHETHER UNDER CONTRACT, TORT OR ANY OTHER BASIS SHALL NOT EXCEED $100.
You agree to indemnify and hold APM and all other third parties harmless from and against any and all claims, liabilities and damages (including, but not limited to reasonable attorneys’ fees and legal costs) of any nature whatsoever related to your breach of these Terms or your use of the APM Services.
Applicable Law and Venue
These Terms are governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and entirely to be performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms can be filed only in state or federal court located in Seattle, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms. You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, or agents, arising out of or relating to your use of the APM Services or the Terms: (1) you are giving up your right to have a trial by jury; and (2) you are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute.
If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms will continue in effect. You may not assign these Terms, or assign, transfer or sublicense your rights, if any, in the APM Services. Except as expressly stated in another written agreement between you and us, the Terms constitute the entire agreement between you and us with respect to the APM Services. You agree and consent to receive communications from us via each of the following methods: by posting or making available such communication within the APM Services or by sending such communication to the email address you provided as part of your account. You agree that all agreements, notices, disclosures and other communications that we may provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright and Trademark Notices
Portions of the APM Services are protected by APM intellectual property rights and unless otherwise explicitly indicated in the APM Services, the APM Services Materials and the selection and arrangement thereof are the proprietary property of APM and its suppliers and are protected by U.S. and international copyright laws. The APM name, and any APM products and services slogans or logos referenced herein are either trademarks or registered trademarks of APM in the United States or other countries. The names of third party companies and products may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
If you are a copyright owner and believe your copyrighted material has been used on the APM Services in a manner that constitutes copyright infringement, please report the violation to our designated copyright agent by sending written notice to APM, Inc. Notice: Infringement, 110 110th Ave NE #550, Bellevue, WA 98004.
Please include the following information: (1) a detailed description of the allegedly infringed copyrighted material; (2) a description of the location of such material on the APM Services; (3) your contact information, including address, telephone number, and email address (if any); (4) your statement that you have a good faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert copyright infringement and to submit the statement.
For additional information regarding the enforcement of copyrights, you may review the U.S. Digital Millennium Copyright Act codified at 17 U.S.C. § 512. APM is a “service provider” as that term is defined in 17 U.S.C. §§ 512(k)(1)(A) and 512(k)(1)B), providing transmission, routing, or connections for digital online communications, between or among points specified by a user, of material of the user’s choosing, without modification to the content of the material as sent or received.