Welcome to PropertyGenius.com. This website is owned and operated by PropertyGenius. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement').
This agreement is in effect as of Feb 22, 2017.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
1. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language.
2. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party.
3. Contains any type of unauthorized or unsolicited advertising.
4. Impersonates any person or entity, including any PropertyGenius employees or representatives.
h. We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
i. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of PropertyGenius, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources.
j. You agree to indemnify and hold harmless PropertyGenius and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
For any Service that requires registration, you additionally agree to the following terms:
— Certain Services may be offered on a free trial basis. You may cancel your subscription for any reason during the free trial period. After the free trial period has expired, you will be asked to purchase a membership and will not be charged until you agree to a subscription. You are entitled to no more than one free trial and will not seek additional free trials through multiple or successive registrations, use of aliases or changes in account information, or otherwise
— This Agreement commences upon registration and continues initially for one month, or the length of the term selected by you during the registration or order process. Upon completion of the initial term, and unless cancelled by you prior to completion of the initial term, your account will automatically renew without notice for a term equal to the initial term. If you do not wish to renew, then you must cancel prior to the expiration of the initial term or then-current term using one of the cancellation methods set forth below. If you choose to cancel your account after it has automatically renewed for an additional term (i.e., you do not cancel your account prior to the expiration of the initial term or then-current term), you will not receive a refund for the pre-paid subscription fee paid for the term, provided that you will continue to have access to the Site and the Services, subject to the terms of this Agreement, for the remainder of that then-current term. PropertyGenius may change the fees and charges for Services or add new fees and charges from time to time, but will provide advance notice by e-mail of these changes prior to charging the new fees.
— You may cancel your subscription at any time. All fees due from you to PropertyGenius up to the end of the then-current subscription period at the time of termination shall remain payable to PropertyGenius unless otherwise specified. You may cancel your subscription by:
1. Selecting Cancel from the My Account page in the Site
2. Emailing a cancellation request to email@example.com, provided that cancellation may not be effective until one (1) business day after PropertyGenius receives your request, or
3. Mailing a cancellation notice at least ten (10) business days prior to the desired date of cancellation to: PropertyGenius, 11232 120th Ave NE Ste 206, Kirkland, WA 98033, provided that PropertyGenius does not guarantee that the effective date of cancellation will be the specific date requested.
To verify that your cancellation has been received, please check your account status in the My Account page located within the application on the Sites.
— PropertyGenius reserves the right to terminate your subscription or your access to the Services at any time or to discontinue or modify any Services, portion or attribute thereof, for any or no reason and with or without notice. You agree that your sole remedy for such termination of your access to the Services is to receive a pro-rated refund of the pre-paid subscription fee paid to PropertyGenius for the then-current term. PropertyGenius may pursue any and all claims and causes of action it may have against you for violation of this Agreement, including, without limitation, any monetary damages, injunctive relief, court costs and attorneys’ fees.
Payment of Fees
— You agree to pay all fees on time and by providing credit card transaction information, you consent to subsequent recurring billing for Services provided by PropertyGenius on an ongoing basis until cancelled. All payments are non-refundable and there are no refunds or credits for partial use of subscription term. You must include your complete billing address, credit/debit card number, and telephone number in order to process payments. PropertyGenius accepts major credit cards, including Visa and MasterCard. If your credit card expires, is otherwise declined for payment or you otherwise fail to pay PropertyGenius in a timely manner, access to Services may be terminated or suspended. In the event of termination or suspension you shall remain responsible for any uncollected amounts.
Consent to Contact
— You agree that PropertyGenius may contact you by telephone or email as provided during registration regarding the Services during the term of this Agreement.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
1. the use of our Resources will meet your needs or requirements.
2. the use of our Resources will be uninterrupted, timely, secure or free from errors.
3. the information obtained by using our Resources will be accurate or reliable.
4. any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
1. any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
2. no information or advice, whether expressed, implied, oral or written, obtained by you from PropertyGenius or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. PropertyGenius will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
All content and materials available on PropertyGenius.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of PropertyGenius, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by PropertyGenius.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
This website is controlled by PropertyGenius. It can be accessed by most countries around the world. By accessing our website, you agree that the statutes and laws of the state of Washington, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal court in the Western District of Washington. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, PropertyGenius.com EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
If you have any questions or comments about these Terms of Service as outlined above, you can contact us at:
11232 120th Ave NE, 206
Kirkland, WA 98033, USA