Welcome to www.vacancy.com provided by Property Solutions International, Inc. (“Property Solutions”). Property SolutionsTM provides vacancy.com to User the “User” subject to these Terms and Conditions of Use. BY ACCESSING OR USING VACANCY.COM, INCLUDING INFORMATION MADE AVAILABLE ON VACANCY.COM (COLLECTIVELY, THE “SITE”), AND/OR AVAILING YOURSELF OF THE SERVICES OFFERED THROUGH VACANCY.COM (COLLECTIVELY THE “SERVICES”) USER ACCEPTS THESE TERMS AND CONDITIONS, INCLUDING ALL TERMS, POLICIES, AND GUIDELINES INCORPORATED BY REFERENCE (COLLECTIVELY, THE “TERMS”) AND ANY MODIFICATIONS THAT MAY BE MADE TO THE TERMS FROM TIME TO TIME. IF USER DOES NOT AGREE TO ANY PROVISION OF THE TERMS, IT MAY NOT ACCESS OR USE THE SITE.1. Modifications to Terms
Property Solutions reserves the right to change or modify any of the terms and conditions contained in these Terms, and any other vacancy.com terms, policies, or guidelines, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the Site. User’s continued use of the Site following the posting of such changes or modifications will constitute acceptance of such changes or modifications. If Property Solutions updates these Terms, it will update the “last updated” date above. User should frequently review these Terms and other applicable policies from time to time to understand the terms and conditions that apply to use of the Site. If User does not agree to the amended terms, it may not use the Site.2. Copyrights and Limited Trademarks
The Site and all information, data, and other content and materials available on the Site, including, without limitation, the Property Solutions logo, vacancy.com logo and all designs, text, documents, graphics, software, videos, sound files, other files, and the selection and arrangement thereof (collectively, “Content”), are the proprietary property of Property Solutions and its suppliers, licensors and Site users are protected by U.S. and international copyright laws.
The Vacancy.com name and Property Solutions names and logos, and any other product or service name or slogan contained on the Site and in any Content are trademarks of Property Solutions and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Property Solutions or the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site or in any Content are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by Property Solutions.
Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied under these Terms. Unless stated explicitly in these Terms, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
Except as allowed for herein, none of the content (including but not limited to, property photos, availability, floor plans, amenities, addresses, phone numbers, ratings, reviews, or any other property content from the site) on Vacancy.com or the mobile application may be copied, distributed, republished, reproduced, reposted, posted, saved to any computer, displayed, sold, compiled, published to third party websites, provided in reports to alert property owners to new ratings or reviews, or transmitted in any way shape or form or by any means, including but not limited to, photocopying, mechanically, recording, electronically, or by any other means, without the prior written permission of Vacancy.com. Any violation of the foregoing will be considered a copyright and/or intellectual property infringement and misappropriation.3. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act and other applicable law, Property Solutions maintains a policy of terminating at Property Solutions’ sole discretion, account holders who are deemed to be repeat infringers. Property Solutions may also at its sole discretion limit access to the Site to any User or terminate the accounts of any account holders who infringe any intellectual property rights of others, whether or not there is any repeat infringement.4. Copyright Complaints
If any User believes that any Content on the Site infringes upon any copyright that it owns or controls, such User may file a notice of infringement with Property Solutions’ designated agent: Ben Zimmer at 522 South 100 West, Provo, UT 84601, facsimile: 801.705.1835, email: email@example.com. Property Solutions may give notice of a claim of copyright infringement to Users by means of a general notice on the Site, electronic mail to a User’s email address in its records, or by written communication sent by first-class mail to a User’s address in its records.5. Advertisements and Promotions
The Site may contain advertisements and promotions from third parties. Users business dealings or correspondence with, or participation in promotions of, advertisers other than Property Solutions, and any terms, conditions, warranties, or representations associated with such dealings, are solely between User and such third party. Property Solutions is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Property Solutions advertisers on the Site.6. Content
A. General. In order for User to avail itself of the Services, User will be required to provide information concerning the property or properties it wishes to list on vacancy.com, such as community description, floor plans, pictures, etc. Such information will be stored by Property Solutions and displayed on the Site. User will have the ability, via a secure login, to change and modify this information, from time to time. It is User’s responsibility to update such content including information relating to availability of properties listed on the Site through the administrative system (the “Administrative System”) to which a User will be given a login ID and password when such User begins to avail itself of the Services and agrees to the Terms of Sale. In addition, provided that User’s database and software support an integration with the Site, Property Solutions may link User’s database with the Site such that vacancy, pricing and other information on the site may be updated in real time to track changes in User’s database. User is responsible for the accuracy and content of data contained in the database that is linked to the Site. If specified in the Terms of Sale (as defined below), Customer hereby grants Property Solutions the right to access and upload information, graphics, text and other content from User’s database to the Site. The general public will have the ability to search via the Site for properties meeting specifying criteria and view available properties within a specified area. Such members of the public will then be able to learn about the properties that interest them from the information provided by site users.
B. Responsibility for User Content. User understands and agrees that all postings, messages, text, files, images, photos, video, sounds, or other materials (“User Content”) posted on, transmitted through, or linked from the Site, are the sole responsibility of the person from whom such User Content originated. More specifically, User is entirely responsible for all User Content it posts, emails or other User Content it otherwise makes available via the Site, including any User Content updated via a link to User’s database. User shall have the right to post a link to its own company website or websites of particular properties (and no others); however, doing so is at User’s own risk. User acknowledges that while Property Solutions does not pre-screen or approve User Content, it shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any User Content that is available via the Site, for violating the terms of this Agreement or for any other reason.
C. Restrictions on User Content. User shall not post, email, or otherwise make available User Content:
D. Restrictions on User Conduct. Additionally, User shall not:
E. Responsibility for User Content. Property Solutions takes no responsibility and assumes no liability for any User Content posted, stored, or uploaded by User or any third party, or for any loss or damage thereto, nor is Property Solutions liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity User may encounter on the Site or in Users dealings with other Site users. Property Solutions is not liable for any statements, representations, or User Content provided by its Site users.
F. Limited License for User Content. If a User or Visitor posts Content on or through the Site, then, unless Property Solutions indicates otherwise, User (a) grants Property Solutions and its subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such Content throughout the world in connection with the Site; (b) grants Property Solutions and its affiliates, subsidiaries, and sublicensees the right to use the name that User submits in connection with such Content, if it chooses; and (c) represents and warrants that User owns and controls all of the rights to the Content, or otherwise has the right to post such Content to the Site; and the use and posting of Content does not violate these Terms, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for Property Solutions, the Site, or for third parties.
G. Comments, Reviews and other Visitor Content.
User acknowledges and agrees that any unauthorized use of the Site or Property Solutions’ computer systems (e.g., unsolicited email advertisements) is a violation of these terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the User or its agents to civil and criminal penalties.8. Dealings with Site Users
User’s transactions, dealings, correspondence and contracts with any members of the public who use the Site, and any terms, conditions, warranties, or representations associated with such transactions, dealings, contracts and correspondence, are solely between User and such third party. Property Solutions is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, transactions, or correspondence. Any fees or payments collected by Property Solutions applicable to transactions between or among Users are set forth on the Site, and all terms and conditions applicable to such fees or payments are set forth in the Site’s Terms of Sale (defined in Section 11 below). THE SITE IS PROVIDED AS-IS AND USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY PURCHASE, SALE, LEASE, OR OTHER TRANSACTIONS BY OR WITH SITE USERS OR OTHER THIRD PARTIES THAT RELATE TO THE SITE, ARE AT USERS OWN RISK.9. Taxes
User is responsible for determining whether sales, use, and other taxes apply to any transaction or other dealings relating to the use of the Site. Users must collect, report, and remit the correct tax to the appropriate tax authority. Property Solutions is not obligated to determine whether sales, use, or similar taxes apply to any transactions or other dealings relating in any manner to the Site, and, except as stated expressly on the Site, is not responsible for collecting, reporting, or remitting any sales, use, or similar taxes arising from any transactions or dealings relating to the Site.10. Registration Data; Account Security
In consideration of the use of the Site, User agrees to (a) provide accurate, current and complete information about User as may be prompted by registration forms on the Site (“Registration Data”); (b) maintain the security of any logins, passwords, or other credentials that User selects or that are provided for use on the Site; and (c) maintain and promptly update the Registration Data, and any other information User provides to Property Solutions, and to keep all such information accurate, current, and complete.11. Paid Services
Property Solutions offers Services on the Site that require the payment of fees. Services, are made available subject to additional terms and conditions (“Terms of Sale”) that supplement these Terms which are made available and must be agreed to in connection with the purchase of any Services by User. To the extent the Terms of Sale conflict with these Terms, these Terms will govern. User may discontinue or modify the Services at any time by canceling or updating its account. Cancellation and modifications will be processed by Property Solutions in a timely manner. Property Solutions will not refund any pre-paid fees paid for Services during the month in which a cancellation or modification request was received. Property Solutions makes no guarantees with respect to the results expected or realized by Customer through the Services.12. Indemnification
User will defend, indemnify and hold harmless Property Solutions, its subsidiaries and affiliates, and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys’ fees) arising out of or related to its use of the Site, violation of these Terms, or violation of any rights of a third party.13. Disclaimer of Warranties
USER AGREES THAT USE OF THE SITE AND THE SERVICES IS ENTIRELY AT USER’S OWN RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED. PROPERTY SOLUTIONS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE AND FOR THE RESULTS OF THE SERVICES. PROPERTY SOLUTIONS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR SERVICES, OR ACCESSED THROUGH ANY LINKS ON THE SITE. T PROPERTY SOLUTIONS DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE OR THE SERVICES.14. Limitation of Liability
NEITHER PROPERTY SOLUTIONS NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PROPERTY SOLUTIONS OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO USER’S ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, ANY CONTENT OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY USER.
THE MAXIMUM TOTAL LIABILITY OF PROPERTY SOLUTIONS AND ITS SUPPLIERS AND LICENSORS FOR ALL CLAIMS UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS THE AMOUNT ACTUALLY PAID, BY USER TO PROPERTY SOLUTIONS FOR USE OF THE SITE AND THE SERVICES IN THE TWELVE MONTHS PRECEDING THE APPLICABLE CLAIM. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.15. Modifications to the Site; Restrictions on Access; Downtime
Notwithstanding any provision of these Terms, Property Solutions reserves the right, without notice and in its sole discretion, to terminate User’s license to use the Site and Services and to block, restrict, and prevent User’s future access to, and use of, the Site and Services. Additionally, Property Solutions reserves the right to modify, discontinue, and restrict, temporarily or permanently, all or part of the Site and Services (including, without limitation, access to any Content) without notice in its sole discretion. Access to and use of the Site and Services may be temporarily down, inaccessible, or deactivated due to maintenance, upgrades, equipment failure, power failure, and/or other scheduled or unscheduled downtimes or interruptions and Property Solutions shall not be liable to User or any third party for any such circumstances. Neither Property Solutions nor its suppliers or licensors will be liable to User or to any third party for any modification, discontinuance, or restriction of the Site or Services, except in circumstances where Services for which User has pre-paid become permanently disabled, Property Solutions will refund a pro rata portion of such pre-paid fees for such cancelled Services.16. Consent to Electronic Communications
By using the Site, User consents to receiving electronic communications from Property Solutions. These communications may include notices about User’s account and information concerning or related to the Site. User agrees that any notices, agreements, disclosures, or other communications that Property Solutions sends electronically will satisfy any legal communication requirements, including that such communications be in writing.17. General Legal Notices
Property Solutions’ failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. Any provision in these Terms that by its nature should survive the termination of User’s license to access the Site or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination.
These Terms are governed by the laws of the State of Utah, excluding conflicts of law principles. Any controversy or claim arising out of or relating to the Site, Services or these Terms must be commenced within one year after the claim arose and will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Salt Lake City, Utah, and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Utah law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration.
These Terms, including all policies and guidelines incorporated into these Terms by reference, constitute the entire agreement between User and Property Solutions concerning the Site and Services. These Terms supersede all prior agreements or communications between User and Property Solutions regarding the subject matter of these Terms.18. Questions & Contact Information
User should direct any questions or comments about the Site to Property Solutions at firstname.lastname@example.org.