IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. SUBSCRIBER'S USE OF ANY OF THE PROPERTY PAL CLOUD SERVICES CONSTITUTES ACCEPTANCE OF THESE TERMS AND CREATES A BINDING LEGAL AGREEMENT. YOU MUST ACCEPT THESE TERMS IF YOU WISH TO USE ANY OF THE PROPERTY PAL CLOUD SERVICES. IF YOU CHOOSE TO ACCEPT THESE TERMS, YOU MUST DO SO AS THEY ARE PRESENTED TO YOU; NO CHANGES (ADDITIONS OR DELETIONS) WILL BE ACCEPTED BY PROPERTY PAL. APPLICABLE LAW MAY ALTER OR AFFECT THE RIGHTS OF EITHER PARTY UNDER THESE TERMS.
Property Pal Cloud - refers to the data storage and integration service being provided by Property Pal in conjunction with the Property Pal mobile application.
Property Pal Cloud services - refers to the ability provided to Subscribers of said service to integrate Property Pal mobile app data from multiple authorized devices, for upload from and download to said devices.
Property Pal Cloud SERVICE AGREEMENT - refers to the contractual agreement represented through the collective set of policies presented in the Property Pal Cloud TERMS OF USE policy, Property Pal Cloud CANCELLATION and TERMINATION Policy, and Property Pal PRIVACY POLICY.
Provider - refers to Property Pal and its subsidiaries and product development affiliates.
Subscriber - refers to the individual, business, corporation, or other entity entering into this Property Pal Cloud SERVICE AGREEMENT with Property Pal, along with all associates, employees, constituents, or other individuals granted access to Property Pal Cloud services through said entity's account and/or device authorization.
Provider may change, add or remove any part of these Terms at any time. If it does so, Provider will post the updated policy on the Property Pal Cloud services management website, at: manager.mypropertypal.net/terms/service.html. IF ANY FUTURE CHANGES ARE UNACCEPTABLE TO SUBSCRIBER, SAID SUBSCRIBER ENTITY AND USERS SHOULD DISCONTINUE USING THE SERVICES. SUBSCRIBER'S CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY SUCH CHANGES, WILL INDICATE SUBSCRIBER'S ACCEPTANCE OF THESE TERMS, AND OF ANY SUCH CHANGES.
This document was last updated May 10, 2013.
Subscriber's use of the Property Pal Cloud Services is also subject to the Property Pal Cloud PRIVACY POLICY.
When Subscriber accepts these Terms and complete the Property Pal Cloud registration process (if Subscriber has not already done so), Subscriber will be ready to use the Property Pal Cloud services. Remember, do not reveal Subscriber ID or password to anyone else. Subscriber Property Pal Cloud account may be at risk if Subscriber lets someone use this information inappropriately.
Subscriber subscription is on a 30-day billing cycle utilizing automatic renewal. If subscriber exceeds their bandwidth and/or storage limits prior to the end of the billing cycle their usage will be restricted accordingly. A subscriber may choose to upgrade at any time during the 30-day billing cycle.
While Provider will make all reasonable efforts to ensure that the Property Pal Cloud services are available at all times, Provider does not guarantee, represent or warrant that Subscriber access to any of the Property Pal Cloud services will be uninterrupted or error-free. In addition, while Provider makes reasonable efforts to ensure that all Content and/or information submitted by Subscriber to Provider will be secure, Provider does not guarantee that the Property Pal Cloud services will be free from loss, corruption, attack, viruses, “worms”, “trojan horses” or other harmful components, or from interference, hacking or other security intrusions. It is Subscriber's responsibility to back up all Subscriber data periodically to ensure that all Content is available to Subscriber in the event of any loss or damage.
Provider may change, suspend or discontinue any of the Property Pal Cloud services at any time. Provider may also impose limits on the use of or access to certain features or portions of the Property Pal Cloud services, in any case without notice or liability. Provider reserves the right to disable access to Property Pal Cloud services at any time, for purposes of information security, maintenance, upgrades, performance testing, and integrity of service.
There are rules and standards that Subscriber must abide by in connection with Subscriber use of the Property Pal Cloud services. As a user of any of the Property Pal Cloud services, Subscriber agree to comply with the guidelines set forth in these Terms, and Subscriber acknowledges that Provider has the right to enforce those guidelines as it deems appropriate in its sole discretion. This means that if Subscriber, or anyone using Subscriber's account or identifying information, violate these Terms, Provider may take any and all actions -- from the issuance of a warning to terminating Subscriber's right to use the Property Pal Cloud services to cancellation of Subscriber order for any products and involvement of the appropriate authorities -- that Provider deems necessary or appropriate. Provider may not be required to provide notice prior to terminating Subscriber's right to use the Property Pal Cloud services for violating these Terms, but it may choose to do so (subject to applicable local, state, U.S. and non-U.S. law). In the event of service termination due to Subscriber violation of these Terms, Provider will not issue a refund, except where legally obligated. For example, unwarranted or misapplied uploads and downloads of inspection reports will lead to suspension of downloading abilities if bandwidth cap within the terms of Subscriber's Property Pal Cloud subscription plan is met.
If Provider decides to investigate or resolve possible misuse involving Subscriber or any information or any Content Subscriber submits to Provider with respect to Subscriber's use of the Property Pal Cloud services, Provider may (subject to applicable local, state, U.S. or non-U.S. law) disclose any information about Subscriber and any such information, including the content, to law enforcement or other government officials, as Provider, in its sole discretion, believes to be necessary or appropriate, or is required to do so by law.
BY USING THE PROPERTY PAL CLOUD SERVICES, SUBSCRIBER AGREES (TO THE EXTENT PERMITTED BY LAW) TO WAIVE ANY CLAIMS SUBSCRIBER MAY HAVE AGAINST PROPERTY PAL OR ITS SUBSIDIARIES AND AFFILIATES, AND TO HOLD PROPERTY PAL AND ITS SUBSIDIARIES AND AFFILIATES HARMLESS AND INDEMNIFY PROPERTY PAL AND ITS SUBSIDIARIES AND AFFILIATES WITH RESPECT TO ANY CLAIMS RELATING TO ANY ACTION TAKEN BY PROPERTY PAL OR ITS SUBSIDIARIES OR AFFILIATES AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT SUBSCRIBER CANNOT SUE OR RECOVER ANY DAMAGES WHATSOEVER FROM PROPERTY PAL OR ITS SUBSIDIARIES, AFFILIATES, BUSINESS PARTNERS, EMPLOYEES, SUB-CONTRACTORS, OR OTHER CONSTITUENTS, AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN SUBSCRIBER, TO SUSPEND OR TERMINATE SUBSCRIBER'S ACCESS TO THE PROPERTY PAL CLOUD SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF PROVIDER’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
SUBSCRIBER EXPRESSLY AGREES THAT SUBSCRIBER USE OF, OR INABILITY TO USE, THE PROPERTY PAL CLOUD SERVICES IS AT SUBSCRIBER'S SOLE RISK. THE PROPERTY PAL CLOUD SERVICES AND ANY PRODUCTS ORDERED BY SUBSCRIBER THROUGH SAID SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY PROVIDER) PROVIDED “AS IS” AND “AS AVAILABLE” FOR SUBSCRIBER'S USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO SUBSCRIBER.
IN NO CASE SHALL PROPERTY PAL, ITS DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, BUSINESS PARTNERS OR SUB-CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM SUBSCRIBER'S USE OF ANY OF THE PROPERTY PAL CLOUD SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO SUBSCRIBER'S USE OF SAID SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, PROVIDER'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LOCAL LAW.
Provider, may send notices to Subscriber with respect to the Property Pal Cloud services by sending an e-mail message to the email address stored in Subscriber's Property Pal Cloud contact information.
Subscriber agrees that these Terms are not intended to confer and do not confer any rights or remedies upon any person other than Subscriber, as a user of the Property Pal Cloud services, and Property Pal (including business partners, sub-contractors, and constituents of Property Pal).
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Provider’s failure to enforce any right or provisions in these Terms will not constitute a waiver of such provision, or any other provision of these Terms. Except as required by applicable non-U.S. local or national law, the laws of the State of California, excluding its conflicts of law rules, govern these Terms and Subscriber's use of the Property Pal Cloud services. Subscriber's use of the Property Pal Cloud services may also be subject to other local, state, national (U.S. and non-U.S.), and international laws. Subject to the foregoing, Subscriber expressly agrees that exclusive jurisdiction for any claim or dispute with Provider regarding or relating in any way to Subscriber's use of the Property Pal Cloud services resides in the courts of the State of California.
Under California Civil Code Section 1789.3, California users of the Property Pal Cloud service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.
Orders for products may be accepted and/or processed by Property Pal, a California company, or any of its subsidiaries or affiliates. The personal information which Subscriber gives to the Provider when registering for the Property Pal Cloud services or placing any order for products will be used in connection with Subscriber's use of the Property Pal Cloud services or fulfilling the Subscriber's order, and will be transferred to and maintained in Property Pal’s records in the United States. If Subscriber does not consent to this transfer, do not accept these Terms for use of the Property Pal Cloud services.
Property Pal and its subsidiaries and affiliates do not guarantee or warrant that any photos, digital images, documents or text (collectively, “Content”) Subscriber sends to Property Pal Cloud as part of Subscriber's property inspections through the Property Pal Cloud services will not be subject to inadvertent damage, corruption or destruction. Subscriber is responsible for backing up all Content; Property Pal (including its business partners, subsidiaries, affiliates, employees, sub-contractors, and constituents), will not be responsible for any archiving or back-up of any Content. If any Content which is transmitted to Property Pal Cloud is damaged, lost or corrupted in any way, Property Pal and affiliates will have no obligation or liability to Subscriber. Subscriber is solely responsible for Subscriber's use of the Property Pal Cloud services, including all content Subscriber generates or uploads to Property Pal Cloud. Property Pal (including its business partners, employees, sub-contractors, subsidiaries, affiliates, and constituents) is not and will not be responsible for what is in any such Content.
Provider reserves the right to refuse to process any data transfer by Subscriber containing content that Provider, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise offensive, illegal, inappropriate or unacceptable, including any material Provider believes may cause any liability for it under any applicable law or regulation, or which may cause Provider to lose the services of any supplier that may provide services as part of the Property Pal Cloud services or in connection with fulfilling any order for Products. In particular, Property Pal reserves the right to refuse to process orders containing Content which, in Provider's sole opinion, contains expressions of abuse, offensive language or images of obscenity or pornography. Furthermore, Provider reserves the right to terminate said account immediately without notice and report to appropriate authorities.
By submitting Content to Provider, Subscriber is representing that Subscriber is the legal owner of such material, or have proper authorization from the owner of the Content to distribute it. Subscriber hereby grants Provider a worldwide, royalty-free, non-exclusive license to use the Content for the limited purpose of processing Subscriber's order for Products through the Property Pal Cloud services. Said license will terminate upon fulfillment of Subscriber's order.