Terms & Conditions

Thank you for your interest in using the property management services provided by PropertyFolio! The following terms and conditions govern your access to and use of PropertyFolio (the "Website") and the services provided to property owners, landlords, and real estate investors ("Users") through the Website and other electronic means (collectively, the "Services"). The Services are provided by PropertyFolio LLC ("PropertyFolio"). This Agreement is between you and PropertyFolio.

Registration

• To use the Services you must create an account by providing a valid email address and password and providing required identifying information to PropertyFolio through the Website ("Registration").
  
• The required identifying information includes at least your first and last name and your email address. You must meet all necessary licensing requirements for your state with regards to property management and/or real estate to use the Services.
• This agreement becomes effective on the date you complete Registration.
• If you are entering into this agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", and "User" refers to such corporate entity.

Fees

• Upon Registration, you may use the Services free of charge and without providing a method of payment for the trial period offered to you at the time of Registration. You may only use one trial period, and any attempt to secure additional trial periods constitutes a breach of this Agreement.
• After your trial period has expired, you will pay PropertyFolio fees due for Services purchased at Website at the time you order the Services. You will provide credit card information to PropertyFolio and authorize PropertyFolio to charge the fees to that card. PropertyFolio will charge to your credit card any recurring fees automatically when the fees are due. Fees are non-refundable, even if your Services are suspended or terminated.
• If you cancel your account, you will not receive any refund of fees paid, and you will continue to be responsible for any unpaid fees.
• PropertyFolio reserves the right to change or modify its prices and fees at any time, but will not change fees without your agreement. However, PropertyFolio may terminate your account if you do not agree to a fee change.

Privacy And Access

• PropertyFolio will not share information you provide in conjunction with Registration with any third party, except:
  • PropertyFolio may share payment information with financial institutions and payment processors as needed to effect payment of the applicable fees;
  • PropertyFolio may provide information in response to any valid legal process, such as subpoenas and court orders, or to establish or exercise its legal rights or defend against legal claims; and
  • PropertyFolio may identify you to other PropertyFolio users when necessary.
• You are responsible for the use, accuracy, protection, and confidentiality of your login ID and password and you are responsible for all activities that occur under your login ID or otherwise in association with your account. You will immediately notify PropertyFolio of any unauthorized use of your username or account, and of any other unauthorized use of the Services that becomes known to you.
• Your Registration authorizes you, personally, to use the Services. You will not allow any unauthorized third parties to access or use the Services. You will maintain your password in confidence and not share it with any third party.
• You will update your contact and payment information promptly if such information changes.
• You will not engage in any of the following prohibited uses:
  • providing information, text, graphics, forms, or other materials (collectively referred to as "Content") to the Services that:
    • is illegal or promotes illegal activity;
    • is defamatory, harassing, abusive, or otherwise objectionable;
    • infringes on the intellectual property rights of any third party;
    • violates the privacy or publicity rights of another User or any other person or entity;
    • breaches any duty of confidentiality that you owe to another User or any other person or entity;
    • interferes with the operation of the Website or the Services;
  • advertising any products or services that compete with PropertyFolio's products and services;
  • using any automated means to access your account;
  • copying the Website or any utilities provided for use of the Services; or
  • attempting to access any account for which you are not authorized.

Content Management

• The Services enable you to transmit, receive, and update Content and make Content available to real estate agents, homebuyers, and other entities that also use PropertyFolio (collectively "Users").
• You are responsible for identifying the correct Users that should have access to Content pertaining to a specific transaction. PropertyFolio is not responsible for undelivered or misdirected Content.
• PropertyFolio may, without notice to you or any other Users, remove Content that it deems violates this Agreement.
• PropertyFolio is not responsible for and does not endorse the subject matter of any Content on the Website that is provided by other Users or third parties.
• You grant to PropertyFolio, a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute the Content you provide to the Services. The license includes the right for PropertyFolio to reformat the Content and make the Content available to third parties with which PropertyFolio partners, according to the terms of use that govern such partnerships, the terms of use between PropertyFolio and its Users, and PropertyFolio's Privacy Policy.

Third-Party Information You Provide

• You are responsible for the accuracy of any information you provide, including loan information that you enter manually or import, such as from a Fannie Mae 3.2 file or any other formatted loan application file, into the Website, and you are responsible for any loss or damage caused by errors or omissions in the information you provide.
• PropertyFolio will disclose information you provide to other Users according to PropertyFolio's Privacy Policy.
• PropertyFolio is not liable for any third-party use or disclosure of the information you provide.

Representations And Warranties

You represent and warrant that:

• you have sufficient authority to enter into this Agreement;
• your use of the Services is solely for lawful purposes;
• you have the authority and the necessary rights to provide all information provided under this Agreement;
• all data provided by you under this Agreement will be free of viruses or other computer programming routines that may potentially damage, interfere with, intercept, or expropriate any copyrighted material, system, system data or personal information; and
• you will not engage in any form of spamming or other impermissible marketing activities through your use of the Services, and you will comply with all applicable federal and state laws.

Rights Reserved To PropertyFolio

All rights, title, and interest in and to the Services, except for Content not provided by PropertyFolio, are the exclusive property of PropertyFolio and its licensors. The Services and certain documents and other works generated by PropertyFolio are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in this Agreement gives you a right to use the PropertyFolio name or any of the PropertyFolio trademarks, logos, domain names, and other distinctive brand features.

Indemnification

You agree to indemnify and hold harmless PropertyFolio and its affiliates, officers, directors, licensors, partners, licensees, consultants, contractors, agents, attorneys, and employees from and against any and all claims, liabilities, costs, and expenses, including reasonable attorneys' fees (collectively, "Claims"), that actually or allegedly result from your use of the Services or your breach of any terms or representations, warranties, or covenants contained in this Agreement.

Disclaimer And Limitation Of Liability

Disclaimer

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS ONLY.

PROPERTYFOLIO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

PROPERTYFOLIO MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (IV) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. TO THE EXTENT THAT ANY PART OF THIS SECTION IS NOT CONSISTENT WITH ANY OTHER PART OF THESE TERMS, THEN THIS SECTION WILL CONTROL.

Limitation Of Liability

PropertyFolio is not liable for any loss or damage arising from (a) interruption of PropertyFolio's system due to problems with your equipment or errors, omissions, or delays in communication and transmission lines, (b) data entered into PropertyFolio's system by another PropertyFolio user, (c) documents or notifications that are not delivered or are misdelivered or untimely delivered, (d) documents or notifications that are refused or redirected by email or internet traffic filters, or (e) any occurrence beyond PropertyFolio's reasonable control. PropertyFolio's cumulative liability to you for any claim against PropertyFolio arising out of or related to your use of PropertyFolio's services shall be in an amount no more than the actual costs you incur as a direct result of an occurrence, less the costs you would otherwise have incurred if the occurrence had not taken place. IN NO CASE SHALL PROPERTYFOLIO BE LIABLE FOR ANY 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 PROPERTYFOLIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, OR ARISING FROM THIS AGREEMENT.

Termination

• PropertyFolio may terminate this Agreement and suspend or delete your account if PropertyFolio determines you have breached this Agreement, performed or attempted to perform an illegal act, or breached or attempted to breach PropertyFolio's security.
  
• PropertyFolio may delete your account upon termination of this Agreement. PropertyFolio is not required to retain any information or Content pertaining to a deleted account.
• PropertyFolio will not have any liability regarding any decision to terminate this Agreement or suspend or delete your account.
• You may terminate this Agreement at any time by notifying PropertyFolio in writing.

Additional Terms

• The unenforceability of any provision herein will not affect the enforceability of the remaining provisions.
• This Agreement will be governed in all respects by the laws of the United States and the State of Arizona, except for its conflict of laws provisions. You and PropertyFolio agree that for any dispute, controversy or claim arising out of or in connection with this Agreement, venue and personal jurisdiction will be in the federal, state or local court with competent jurisdiction located in Maricopa County, Arizona. The prevailing party will be entitled to an award of reasonable attorney's fees.