|Terms Of Service|
Terms of Service
Effective Date: May 12, 2008
BETA TEST NOTICE: Property Stampede LLC's Service (as described below) is currently in the beta testing stage. This means that the Service may still contain software bugs, suffer disruptions and not operate as intended. If you elect to use the Service during this beta testing stage, you will be deemed to acknowledge these conditions and agree to participate in the Service's beta testing according to the Terms of Service provided herein. During this beta stage, Property Stampede intends to deliver Software update notices via e-mail to addresses it receives for such purpose and also post such updates on the Property Stampede web site.
Thank you for your interest in Property Stampede! We invite you to access our web sites and use our Service (as defined below), but please note that your invitation is subject to your review and agreement with certain terms and conditions. These terms and conditions are set forth in this document, and in certain other policies, guidelines and other terms or conditions that may be presented to you from time to time at other locations in our web sites in connection with specific Service offerings (all of which may be updated from time to time and are collectively referred to as our "Terms of Service"). You need not accept this requirement to agree to our Terms of Service, but if you reject our Terms of Service you do not have any right to access or use our Service. If you do access our web site and use our Service, your use shall be deemed to accept the Terms of Service and be a party to a legally binding contract with Property Stampede LLC ("Property Stampede," "we," and sometimes "us"). Of course, you may also be required or elect to enter into a separate written agreement or click "accept" or "agree" to become a party to another contract with Property Stampede (a "Separate Agreement"), and these Terms of Service shall not be considered to supersede the specific contractual terms of the Separate Agreement. If there is any contradiction between the terms of the Separate Agreement and these Terms of Service, then the terms of the Separate Agreement shall take precedence over the contradictory terms in the Terms of Service with respect to the subject matter of such Separate Agreement.
You may wish to save a copy of these Terms of Service for your records. In any event, be sure to regularly check these Terms of Service for any updates or other changes, which shall be legally binding upon you when we post them, whether or not we provide you any other notice of such changes. The then-applicable Terms of Service will be posted at www.propertystampede.com/tos.asp, and we will indicate the date of each update at the end of the Terms of Service. Your continued use of the Service after any update will be deemed to represent your consent to be bound by, and agreement with, the new Terms of Service.
1. SERVICE DESCRIPTION
The Property Stampede Service consists of products, computer programs, services and web sites hosted or made available by Property Stampede, which you may use for managing property, project management, accounting or customer relationship management on multiple computer and network platforms, now known or hereafter developed (collectively, the "Service").
2. USE OF SERVICE
Subject to your agreement with, and the terms and conditions of, these Terms of Service, Property Stampede grants you a limited, non-exclusive license to utilize the Service so long as (i) you are of legal age to form a binding contract and (ii) you are not barred from receiving the Service under the laws of the United States. In order to access and/or use the Service, you may be required to provide current, accurate, identification, contact and other information as part of the registration process and/or continued use of the Service, and you will be responsible for maintaining the accuracy and completeness of such information. You may also be provided with an account, username, password and/or an email address to access or use the Service (the "Account Information"). You are responsible for maintaining the confidentiality of your Account Information and, accordingly, will be fully responsible for all activities that occur under your account. You agree to immediately notify Property Stampede of any unauthorized use of your Account Information, account or any other breach of security. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account Information secure.
You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).
3. MEMBER CONDUCT
You acknowledge and agree that all information, data, text, images, software, sounds, graphics, video, messages, tags and other materials, in whatever form and technical structure, whether publicly posted or privately transmitted or stored using the Service ("Content"), are the sole responsibility of the person(s) originating such Content and introducing such Content into the Service. We reserve the right, but shall have no obligation, to pre-screen, reject, review, quarantine, delete or move any Content available with the Service, and to enable certain third parties to review Content, without obligation to any person.
You agree that you are responsible for your own conduct and all conduct under your account, and all Content that you create, transmit, store or display while using the Service and for any consequences arising as a result thereof. You agree to use the Service only for purposes that are legal, proper and in accordance with these Terms of Service and any Separate Agreements, and all applicable laws and regulations in the relevant legal jurisdictions (including, without limitation, laws and regulations relating to the recording of audio, copyright laws, privacy laws and the storage and transmission of data and technology). Without limiting the foregoing, you shall be deemed to represent and warrant to Property Stampede that you have the unfettered legal rights and authority to permit you to submit your Content to Property Stampede in connection with your use of the Service, and such submission and the grant to Property Stampede of the rights you grant herein in connection with Property Stampede’s offering and operation of the Service does not infringe the rights of any person or third party.
Please ensure that you are mindful of the legal rights of others in copyrightable works, trademarks and service marks and their individual privacy, and do not reproduce or upload or publish Content that will violate their rights or subject you to legal liability. Property Stampede cannot and will not provide you legal or other advice on these issues, but will act in accordance with applicable law and in the best interests of Property Stampede and, in its discretion, the interests of those who use the Service. There are many legal reference sites available to you on the Internet and otherwise, and we encourage you to obtain advice from a lawyer familiar with such issues if you are unsure of your rights to upload, distribute or publish any Content.
By submitting to Property Stampede any ideas, suggestions, documents and/or proposals through the "Contact Us" interface or otherwise (collectively, "Contributions"), you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Property Stampede is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Property Stampede shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Property Stampede may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Property Stampede without any obligation of Property Stampede to you; and (f) you are not entitled to any accounting, compensation or reimbursement of any kind from Property Stampede under any circumstances.
You further agree to NOT:
(a) use our products or services for illegal purposes or for promotion of dangerous activities;
(b) impersonate any person or entity, including, but not limited to, an Property Stampede staff member, or falsely state or otherwise misrepresent your affiliation with Property Stampede or any other person or entity;
(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(d) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(e) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(f) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation;
(j) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(h) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected or applicable to the Service;
(i) violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(j) "stalk" or otherwise harass another person or company, or take any action invasive to another's privacy (by posting, for example, another’s photograph, address, email, phone number or any other contact information) without permission from such other person;
(k) collect or store personal data about other users for commercial purposes;
(l) promote or provide instructional information about illegal activities, promote physical harm or injury against any government, legal entity, group or individual, or promote any act of cruelty to animals, including, but not limited to, providing instructions on how to assemble explosive device or other weapons or incendiary devices;
(m) use the Service as a forwarding means to another website;
(n) allow usage by others in such a way as to violate these Terms of Service;
(o) engage in commercial activities within the Service or on behalf of Property Stampede without prior approval, including but not limited to the following activities:
(p) employ tactics to prevent the full and complete display of advertisements within the Service, including, but not limited to, making style changes, customizations or overrides that effectively block or substantially impair the display of advertisements within the Service;
(q) solicit passwords or personal identifying information for unintended, commercial or unlawful purposes from other users;
(r) exceed the scope of the Service that you have signed up for, for example, accessing and using features that you do not have a right to use or deleting, adding to or otherwise changing another person's entries or other content when you have not been granted the right to do so;
(s) access (or attempt to access) any of the Service by any means other than through the interface that is provided by Property Stampede (unless you have been specifically allowed to do so in a Separate Agreement), or access (or attempt to access) any of the Service through any automated means (including use of scripts, web crawlers or the like) or otherwise engage the Service in a manner reasonably likely to be harmful to the systems operating the Service or the access or use of the Service by others; and/or;
(t) reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Service (unless you have been specifically allowed to do so in a Separate Agreement).
If you encounter any of these prohibited uses, the contact form at www.propertystampede.com/contact.asp and follow the instructions to submit the appropriate information to Property Stampede.
You understand that by using the Service you may be exposed to offensive, indecent or objectionable Content, and that you use the Service at your own risk. There are commercially available services and software to limit access to material that you may find objectionable. We may, but shall have no obligation, to provide such services and software, or enable such services or software to work with the Service.
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