Terms & Conditions

Propertyfeedback.com^TM

SITE OWNER AGREEMENT AND SOFTWARE LICENSE TERMS

Propertyfeedback.com, a product of Realty Empowerment Systems, LLC (“RES” or “Propertyfeedback.com”), a Georgia limited liability company, provides a variety of tools and resources to collect visitor email addresses and to create, send, and manage online email campaigns. These tools and resources are referred to in this agreement as the "Services".

The following are the terms and conditions for use of the Services. By clicking the 'I agree to the terms and conditions for the use of Propertyfeedback.com’ checkbox on the sign-up page or by logging in to Propertyfeedback.com, you accept these terms and conditions.

1. Acknowledgements. Subject in each case to the terms listed in the remainder of this agreement, you hereby acknowledge and agree that:

The Services may only be used for lawful purposes.
The Services will be subject to monthly subscription fees as set forth below in section 3.
Propertyfeedback.com will not use your customer list/subscriber list or any other information about your customers for any purposes other than those intended with the Services.
You agree to import, access or otherwise use only permission-based e-mail addresses in connection with your use of the Services.

2. Services and Support

2.1 The Services are provided subject to this Agreement, as it may be amended by Propertyfeedback.com, and any guidelines, rules or operating policies that Propertyfeedback.com may establish and post from time to time (the "Agreement"). By posting updated versions of the Agreement on Service-related websites and/or at the Propertyfeedback.com.com website, or otherwise providing notice to you, Propertyfeedback.com may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services in its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Service-related websites.

2.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Services.

2.3 You must complete the registration form on the Sign Up page in order to use the Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. You are responsible for maintaining the security of your account, passwords, and files, and for all uses of your account and of the Services in your name.

2.4 Any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary ("Communications"). RES will have no obligations with respect to the Communications. RES and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any state, federal, or international law.

2.5 You acknowledge that the Propertyfeedback.com Service contains information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights. All Content is copyrighted as a collective work under the U.S. copyright laws, and Propertyfeedback.com owns a copyright in the selection, coordination, arrangement and enhancement of such Content. The Propertyfeedback.com name and logo are trademarks of RES. All other trademarks appearing on the Propertyfeedback.com website or with the Services are trademarks of their respective owners. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose, including use of any such material on any other web site or networked computer environment is strictly prohibited. In the event you download software provided by Propertyfeedback.com, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by RES. RES does not transfer title to the Software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

3. Fees and Payment

3.1 Once you have completed your sign-up, you will be subject to monthly subscription fees ("Monthly Fees"). You will be required to submit the Monthly Fee payments for the Services (unless you have already provided and authorized the Monthly Fee payments or means of Monthly Fee payments, such as credit card information). You may also purchase the Services in advance by paying the applicable Monthly Fees. Access to the Services will be disabled until payment is received.

3.2 The total amount of fees due for the Services is a monthly subscription fee.

3.3 Monthly Fees are based on the service level that you signed-up for at the time of account activation. You are responsible for reviewing the Fee Schedule from time to time and remaining aware of the Fees charged by Propertyfeedback.com. The Fee Schedule, including subscriber levels and prices, is subject to change at any time at Propertyfeedback.com's discretion. Propertyfeedback.com will attempt to notify you via email prior to the effectiveness of any change to the Fee Schedule.

3.4 Payment for Services will be made by a valid credit card accepted by Propertyfeedback.com. Fees are payable in US dollars. If the monthly payment option is selected or if you have previously provided your credit card for payment, you hereby authorize Propertyfeedback.com to charge your credit card for such amounts on a regular monthly basis based on the date your account was activated. If Propertyfeedback.com is for any reason unable to effect automatic payment via your credit card, Propertyfeedback.com will attempt to notify you via email and your Propertyfeedback.com account will be disabled until payment is received. Amounts paid for the Services are not refundable except those noted in section 10.

4. Restrictions and Responsibilities

4.1 Propertyfeedback.com will not use your customer list or any other information about your customers for any purposes other than those intended with the Services. Your customer information will not be shared with any other parties without your consent, except and unless as required by law.

4.2 This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.

4.3 The Services shall be used for your internal business (which includes civic or charitable) purposes only, and you shall not use the Services or any Software for timesharing or service-bureau purposes or otherwise for the benefit of a third party. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.

4.4 You acknowledge and agree that the Services and the Propertyfeedback.com company names and logos and all related product and service names, design marks and slogans, are the property of RES or its affiliates or suppliers (collectively, the "Marks"). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of RES. Your use of the Services confers no title or ownership in the Services, the Software or the Marks and is not a sale of any rights in the Services, the Software or the Marks.

4.5 The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates United States federal, state or other laws that may apply in this jurisdiction or your local area is prohibited.

4.6 For every email message sent in connection with the Services, you acknowledge and agree that the Services may automatically add an identifying footer stating "Powered by Propertyfeedback.com" or a similar message. You agree to cooperate with and provide reasonable assistance to Propertyfeedback.com in promoting and advertising the Services.

4.7 In using the varied features of the Services, you may provide certain information (such as name, contact information, or other registration information) to Propertyfeedback.com. Propertyfeedback.com may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Services, or communicate separately with you. If you licensed the Services as a result of solicitation by a Marketing Partner of Propertyfeedback.com, Propertyfeedback.com may share your information with the Marketing Partner and the Marketing Partner may share information with Propertyfeedback.com. Propertyfeedback.com will not provide your information to companies that you have not authorized for that purpose unless required by law or if you are terminated from Propertyfeedback.com due to unsolicited commercial email being sent from your Propertyfeedback.com account.

4.8 If you receive special discounts through a Marketing Partner, those discounts may not be available if you cease to continue to be a customer of the Marketing Partner, in which case Propertyfeedback.com's standard rates will apply. The Marketing Partner may notify Propertyfeedback.com of any change in your status.

5. Termination

5.1 You may terminate this Agreement at any time by emailing Propertyfeedback.com Customer Service at customerservice@Propertyfeedback.com.com. There are no refunds for any fees paid except as outlined in section 10.0 of this agreement.

5.2 Propertyfeedback.com may disable your account or terminate this Agreement or the Services, in each case at any time with or without cause, and with or without notice. Propertyfeedback.com shall have no liability to you or any third party because of such termination or action.

5.3 Propertyfeedback.com has the right thirty (30) days after the termination of this Agreement to permanently remove and delete any of your data stored as part of the Services, including, but not limited to customer list, subscriber list, customer information, email addresses and Communications. Propertyfeedback.com shall have no obligation to advise you in advance of taking such action.

6. Warranty Disclaimer; Remedies

USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. PROPERTYFEEDBACK.COM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND PROPERTYFEEDBACK.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for Propertyfeedback.com to use commercially reasonable efforts to adjust or repair the Services.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Propertyfeedback.com OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "Propertyfeedback.com") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF Propertyfeedback.com SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, Propertyfeedback.com IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF Propertyfeedback.com TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

8. Export of Services or Technical Data

8.1 You may not remove or export from the United States or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.

9. Miscellaneous

9.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

9.2 Propertyfeedback.com and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.

9.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Propertyfeedback.com in any respect whatsoever.

9.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.

9.5 The Agreement shall be governed by the laws of Georgia, USA without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Georgia.

9.6 Propertyfeedback.com is a trade name of RES, a Georgia limited liability company. RES shall enjoy all rights and benefits that are afforded by this Agreement to Propertyfeedback.com.

10. Terms of Cancellation:

RES offers the customer the ability to cancel their subscription by giving a 30 day notice before the next subscription fee is due. The notice should be sent to service@Propertyfeedback.com and it should include the name, email address of the customer, and the reason for cancellation. The service will be cancelled after the 30 day notice period is completed assuming that the notice was given at least 30 days prior to the next subscription fee due date. If the cancellation notice is not given prior, the service will be cancelled the next subscription due date. There are no refunds once purchase is made.

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