Manage My Property LLC. Terms of Service
Updated October 20, 2009
The following terms of service of ("Terms") are entered into by the customer signing these Terms or any document that references these Terms or that accepts these Terms electronically ("Customer") and Manage My Property, LLC ("Manage My Property"). These Terms govern Customer's usage of the Manage My Property lead generation service ("Service") and, as applicable, any purchase and/or delivery of third party contact information ("Lead"). These Terms are collectively referred to as the "Agreement." Manage My Property and Customer hereby agree and acknowledge:
Service - Customer is solely responsible for any and all lead targeting options and lead types (collectively "Targets") and all content describing their company and its offerings ("Listing(s)"). Customer shall protect any Customer passwords and takes full responsibility for Customer's own, and third party, use of Customer's account. Manage My Property may modify these Terms at any time without liability, and Customer's use of the Service after notice that these Terms have changed constitutes Customer's acceptance of new Terms.
Cancellation - Customer may cancel their account at any time by providing prior written notice to Manage My Property, including electronic mail, or if available, utilizing online cancellation functionality on the site. Manage My Property may cancel immediately Customer account, its Service, or these Terms at any time with notice. If a Customer of Manage My Property cancels Customer account Customer is still responsible for payment of any outstanding account balance. Excluding section 4, all sections herein will survive any expiration or termination of this Agreement.
Grants, Representations and Warranties - Customer represents and warrants that: (a) it owns all rights (including without limitation any copyright, trademark rights or other rights) in Listing(s) and furthermore hereby grants Manage My Property all rights to Listing(s) as is necessary for the operation of the Mange My Property Service in connection with this Agreement ("Use"); (b) all Customer information is complete, accurate and current; and (c) its Listing(s) does not advertise anything illegal and that any Use of the Listing(s) will not violate or encourage the violation of any laws or regulations.
Licensing - Customer warrants that it has met all legal requirements, including if necessary holding a current real estate brokers license, to engage in the practice of property management. Customer agrees to immediately notify Manage My Property in the event it becomes ineligible or unable to legally engage in the practice of property management for the express purpose of removing its Listing(s) from Manage My Property.
Disclaimer and Limitation of Liability - Manage My Property disclaims any and all warranties, express or implied regarding the fitness of the leads it delivers to Customer to be used for any purpose. To the fullest extent permitted by law, Manage My Property disclaims all guarantees regarding the availability, positioning, quality, and/or timing of the delivery of any lead or Listing(s). Customer understands that third parties may generate leads for Customer’s account for prohibited or improper purposes, and Customer accepts the risk of any such generated lead. Customer's exclusive remedy, and Manage My Property's exclusive liability, for suspected invalid leads is for Customer to make a claim for a refund in the form of an account credit within the time period required under section 7 below. In no event will either party be liable for any incidental, punitive, indirect or consequential damages (including without limitation loss of profits, revenue, interest, goodwill, loss or corruption of data or for any loss or interruption to Customer's business) or interruption or loss of use of Service or any other similar claims by the other party or related to the other party's business, even if such party is advised of the possibility of such damages. Each party's maximum aggregate liability related to or in connection with this Agreement whether under theory of contract, tort (including without limitation negligence), strict liability or otherwise will be limited to amounts paid or payable to Manage My Property by Customer for the Lead giving rise to the claim.
Payment - Minimum Lead prices shall be as listed on the Manage My Property website and may be adjusted by Manage My Property at any time. Manage My Property will make its best effort to notify Customer seven (7) business days prior to any change in relevant Lead pricing. Payment may be made by valid credit card or debit card. Customer will be billed by credit or debit card on the first of each month or when the account balance reaches $250. Late payments will accrue interest at a rate of one and one-half percent (1 ½ %) per month, or the highest rate allowed by applicable law, whichever is lower. Charges are exclusive of all applicable taxes, which may be billed to the Customer in addition to the Charges. Customer is responsible for paying all taxes, government charges, and reasonable expenses and attorneys fees Manage My Property incurs collecting late amounts. Refunds are granted at the sole discretion of Manage My Property. Refunded Leads that have not already been charged will be deducted from Customer account balance. Refunded Leads that have already been charged to Customer will be credited to the Customer account in the form of Lead credit. Refunds are granted at the sole discretion of Manage My Property and only in the form of Lead credit. Customer waives all claims relating to charges unless claimed within 30 days after the charge. Customer acknowledges and agrees that any credit card and related billing and payment information that Customer provides to Manage My Property may be shared by Manage My Property with companies who work on Manage My Property's behalf, such as payment processors, solely for the purposes of effecting payment to Manage My Property and servicing Customer's account. Manage My Property shall not be liable for the usage or disclosure of such information by the aforementioned third parties.
Indemnification - Customer shall indemnify and defend Manage My Property, its agents and affiliates from any third party claim or liability stemming from Customer's Use of the Manage My Property Service, the content of Customer’s Listing(s) and/or breach of this Agreement.
Miscellaneous - The headings for sections herein are for convenience only and shall not affect the meaning of the provisions of this Agreement. If any provision of this Agreement is deemed invalid or unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. Customer is forbidden from assigning any of its rights hereunder and any such attempt is invalid. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting that provision would make it valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. This Agreement shall be construed as to its fair meaning and not strictly for or against either party and governed by Texas law. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Austin, TX. In the event of any litigation involving any actions covered by this Agreement, should Manage My Property prevail in whole or part, Customer shall pay Manage My Property’s reasonable attorney’s fees and costs. This Agreement constitutes the entire Agreement of the parties and supersedes all prior communications, understandings and Agreements relating to the subject matter hereof, whether oral or written. Any modifications by Customer to the Agreement must be made in a writing executed by both parties. The waiver of any breach this Agreement will not constitute a waiver of any subsequent breach or default. All written notice required by these Terms must be delivered in person or by other means evidenced by a delivery receipt or acknowledgment and will be effective upon receipt. Notice to Customer may be effected by sending an email to the email address specified in Customer's account, or by posting a message to Customer's account interface, and is deemed received when sent (for email) or no more than 15 days after having been posted (for messages in Customer's account interface).