Terms of Use
Welcome to TenantConnect, a value added service
for tenants. TenantConnect provides its website and services (collectively the “Service”)
to you subject to the following terms and conditions (the “Terms of Use”), which
may be updated by us from time to time without notice to you. You can review the
most current version of the Terms of Use at any time at: http://www.tenantconnect.net/terms.aspx.
By using the Service, you expressly agree to be bound by the following Terms of
Use and follow the Terms of Use and all applicable laws and regulations governing
the Service.
PRIVACY POLICY
You have read and agree to all of the terms and conditions of our Privacy Policy,
which is located at: http://www.tenantconnect.net/privacy.aspx.
MODIFICATIONS TO TENANTCONNECT SERVICE
TenantConnect reserves the right at any time and from time to time to modify or
terminate its services for any reason and without notice. You agree that TenantConnect
and its affiliates shall not be liable to you or to any third party for any modification,
suspension, or termination of the Service.
REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal
age to form a binding contract and are not a person barred from receiving services
under the laws of the United States or other applicable jurisdiction. You also agree
to: (a) provide true, accurate, current and complete information about yourself
as prompted by TenantConnect’s registration form (the "Registration Data") and (b)
maintain and promptly update the Registration Data to keep it true, accurate, current
and complete. If you provide any information that is untrue, inaccurate, not current
or incomplete, or TenantConnect has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, TenantConnect has the right to
suspend or terminate your account and refuse any and all current or future use of
the Service (or any portion thereof).
MEMBER ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of the password and account
and are fully responsible for all activities that occur under your password or account.
You agree to (a) immediately notify TenantConnect of any unauthorized use of your
password or account or any other breach of security, and (b) ensure that you exit
from your account at the end of each session. TenantConnect and its affiliates cannot
and will not be liable for any loss or damage arising from your failure to comply
with this section.
LINKS
This service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because TenantConnect and its affiliates have no control
over such sites and resources, you acknowledge and agree that TenantConnect and
its affiliates are not responsible for the availability of such external sites or
resources, and is not responsible or liable for any content, advertising, products
or other materials on or available from such sites or resources. You further acknowledge
and agree that TenantConnect and its affiliates shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be 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.
INDEMNITY
You agree to indemnify and hold TenantConnect and its subsidiaries, affiliates,
officers, agents, employees, partners and licensors harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising
out of information you submit, post, transmit or otherwise make available through
the Service, your use of the Service, your violation of the Terms of Use, or your
violation of any rights of another.
DISCLAIMER OF WARRANTIES
TenantConnect and its affiliates disclaim any and all responsibility or liability
for the accuracy, content, completeness, legality, reliability, or operability or
availability of information or material displayed in providing the Service. TenantConnect
and its affiliates disclaim any responsibility for the deletion, failure to store,
misdelivery, or untimely delivery of any information or material. TenantConnect
disclaims any responsibility for any harm resulting from downloading or accessing
any information or material on the Internet through the Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. TENANTCONNECT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- TENANTCONNECT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS;
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TENANTCONNECT
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TERMS OF USE.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT
VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TENANTCONNECT AND ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF TENANTCONNECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS
MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall TenantConnect or its
affiliates be held liable for any delay or failure in performance resulting directly
or indirectly from acts of nature, forces, or causes beyond its reasonable control,
including, without limitation, Internet failures, computer equipment failures, telecommunication
equipment failures, other equipment failures, electrical power failures, strikes,
labor disputes, riots, insurrections, civil disturbances, shortages of labor or
materials, fires, floods, storms, explosions, acts of God, war, governmental actions,
orders of domestic or foreign courts or tribunals, non-performance of third parties,
or loss of or fluctuations in heat, light, or air conditioning.
TRADEMARK INFORMATION
The TenantConnect logo, TenantConnect, trademarks
and service marks and other TenantConnect logos and product and service names are
trademarks of TenantConnect (the "TenantConnect Marks"). Without TenantConnect's
prior permission, you agree not to display or use in any manner the TenantConnect
Marks.
GENERAL PROVISIONS
These Terms of Use will be governed by and construed in accordance with the laws
of the State of California, without giving effect to its conflict of laws provisions
or your actual state or country of residence. If for any reason a court of competent
jurisdiction finds any provision or portion of the Terms of Use to be unenforceable,
the remainder of the Terms of Use will continue in full force and effect.
These Terms of Use constitute the entire agreement between the parties with respect
to the subject matter hereof and supersedes and replaces all prior or contemporaneous
understandings or agreements, written or oral, regarding such subject matter. Any
waiver of any provision of the Terms of Use will be effective only if in writing
and signed by TenantConnect.
CONTACT
If you have any questions or concerns about the Service or the Terms of Use, please
feel free to contact us at legal@tenantconnect.net.