Terms Of Service
This agreement sets out the legally binding terms of your use of the services provided by PropertySend, LLC (hereinafter referred to as "PropertySend" or "Services") to you (hereinafter referred to as "End User," "You" or "Your"), and may be modified by PropertySend from time to time, such modifications to be effective upon posting of the modified agreement. By accessing, using and/or registering for the services provided by PropertySend, you agree that you have read and understand this End User Terms of Service and all of its contents (hereinafter referred to as this "Agreement"), intend this Agreement to be the legal equivalent of a signed, written contract and equally binding, and that you will be subject to all of the terms and conditions set forth herein. You agree to review the Agreement periodically to be aware of any such modifications, additions, deletions or other changes, and your continued access, registration and/or use of the Services shall be deemed your acceptance of the modified agreement.
1. Description of Services
PropertySend Email: The monthly renewing service provided by PropertySend Email enables the End User to send electronic messages containing commercial real estate related content; including commercial real estate listings and commercial real estate services. All email blasts will be renewed by our quality team to ensure the email is a good fit for our subscribers. Any new feature, enhancement, addition, change or upgrade to the current Service shall be subject to the terms and conditions set forth in the Agreement herein. You acknowledge that PropertySend reserves the right to modify or discontinue any of its services in whole or in part with or without notice.
2. Intellectual Property
PropertySend solely and exclusively owns all intellectual property and other rights, title and interest in and to the PropertySend services and all content and materials provided to you through the Services, including, but not limited to, text, software, music, sound, video, photographs, graphics and animation (hereinafter referred to as the "Content"). All such content provided by PropertySend and its licensors through the Services is the sole and exclusive property of PropertySend, and any unauthorized use of the content may violate United States federal copyright laws, patent laws, moral rights laws, trade secret laws, confidential information laws, trademark laws, unfair competition laws or other similar rights.
PropertySend is a proprietary mark of PropertySend. PropertySend trademarks may not be used in conjunction with any other product or service that is not provided by PropertySend in any manner that could cause confusion among customers, or in any manner that disparages or discredits PropertySend.
All content included or available on propertysend.com or affiliated URLs, including site design, text, graphics, interfaces, and the selection and arrangements thereof is 2012 PropertySend, with all rights reserved, or is the property of PropertySend and/or third parties protected by intellectual property rights. Any use of materials on the websites, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of PropertySend is strictly prohibited. End User agrees that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of PropertySend.
All other trademarks displayed on PropertySend website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. End User hereby agrees to allow PropertySend to display their logo/name on advertising material and/or websites under our control and shall indemnify and hold PropertySend harmless to any claims related thereof. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with PropertySend.
3. End User Obligations
By accessing, using and/or registering for the Services, you agree to: a) provide true, accurate, complete and current user information as requested by PropertySend at any time; b) promptly and regularly update your user information to maintain its accuracy and completeness; c) provide for your own access to the Internet and pay any fees or costs relative to such access that is required to access the Services; d) provide all necessary equipment and/or materials necessary for you to make such connection to the Internet in order to access, use and/or register for the Services. By providing any user information that is untrue, inaccurate, incomplete and/or not current, PropertySend reserves the right to suspend or terminate your account and refuse any and all current or future use of the Services, in whole or in part, by you.
4. Our Database
All email blasts will be sent to our own nationwide database. We own the nationwide database and we will take care of any and all bounces and opt-outs within 12 hours. End user is required however, to maintain quality emails relative to commercial real estate, including but not limited to: commercial real estate, commercial real estate listings or commercial real estate services.
Our database size is approximate. The exact number of recipients is constantly changing due to new subscriptions, updated user preferences, etc. The email blast will be sent to ± 5% of the advertised database size. The exact number of recipients will display once the email blast has been sent completely.
ALL email content much be related to commercial real estate or we may consider it spam and reject the email blast. We must approve each blast to ensure it is quality commercial real estate emails.
PropertySend holds no obligation to monitor the Services, your use of the Services or to store the content of any end user session. However, PropertySend reserves the right to monitor, review, retain, store or disclose any information or content as necessary, at any time to enforce this Agreement herein at the sole discretion of PropertySend. You hereby agree that PropertySend shall be held harmless from any liability for any such monitoring, lack of monitoring, review, lack of review, retention, lack of retention and/or disclosure of content or information as described herein.
7. End User Accounts and Security
As an End User of the Services, you will receive an end user account and password to access said account. You are solely responsible for maintaining the confidentiality and security of your account and password. You are solely responsible for any and all activity that occurs within your end user account while using the Services, including, but not limited to, the content located in all electronic mail messages sent through the Services from your account. You may modify or change your password at your sole discretion, at any time, by following the instructions located on the PropertySend web site. You expressly agree to promptly notify PropertySend of any unauthorized use of your account or any other breach of security.
You will receive system emails from PropertySend related to the sending of your campaigns and the status of your PropertySend account. As long as you are an account holder, these emails cannot be unsubscribed from. These system emails will cease only when you cancel your account.
8. User-Submitted Content
You, as End User, have the sole and exclusive responsibility for any content, data, text, software, music clips, sound, video, photographs, graphics, messages, files or other material that is transmitted, posted or otherwise distributed by you through the Services (hereinafter referred to as "End User Content"), including, but not limited to, the contents of your electronic mail communications, photographs posted by you on the PropertySend Site or through the Services. As such, you assume sole liability for all End User Materials posted by you, whether publicly or privately posted and/or transmitted. PropertySend is not responsible and holds no liability relative to monitoring the End User Content provided through the Services, and does not warrant, guarantee or represent, in any way, the accuracy, quality and/or integrity of the End User Materials. By utilizing the Services, you acknowledge that you may be exposed to content or other materials submitted by third parties or other users that may be offensive, indecent or otherwise objectionable, and that PropertySend is held harmless from any liability resulting or arising out of same. Likewise, PropertySend shall not be held liable for any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content transmitted through the Services.
By submitting a testimonial (“Testimonial”) on a PropertySend service(s) that you have used, you provide us with a non-exclusive, worldwide, fully paid-up and royalty-free, perpetual, irrevocable and unlimited license to use, sublicense, and create derivative works of all or any portion of your Testimonial in any way that we see fit and for any purpose whatsoever. Without limiting the foregoing, PropertySend may use and reproduce your Testimonial in whole or in part on its website, www.PropertySend.com or third party hosted websites ("Site(s)"), social media sites administered by PropertySend or in any other printed publications without your further permission and without further consideration. In addition, PropertySend may retouch, edit, or summarize the Testimonial for display, or otherwise create derivative works from the Testimonial for display or in connection with any marketing produced by or on behalf of PropertySend.
By submitting a Testimonial, you represent that you have full power and authority to grant the rights stated above. You acknowledge that you are responsible for any Testimonial you make — in other words, you acknowledge that you (and not we) have full responsibility for the Testimonial, including its legality, reliability, appropriateness, originality, and compliance with corresponding laws. You acknowledge that PropertySend may elect not to use the Testimonial at this time, but may do so at its own discretion at a later date. You also acknowledge that PropertySend does not have any obligation to use, post, or respond to any Testimonial. Further, Testimonials may be removed from a Site at any time and for any reason at PropertySend’s sole discretion.
PropertySend may contact you or any third parties to verify the information contained in a Testimonial you provide to us, obtain additional commentary, and to film, record and make a record of any statements made by you or others in the course of our conversations or correspondence with you. You agree that any materials created from such activities will be owned by PropertySend and may be used in any manner we deem appropriate. PropertySend may also send you information and notices regarding your Testimonial through the website, by email or other means based on the information you provided to us in connection with your Testimonial.
10. Prohibited Content
PropertySend, LLC completely forbids Websites, services or products by any people who:
Sell, provide, offer or offer to sell the following types of content, products or services within the realm of: sexual goods, pornography, pornographic services or anything related to those types of products, services or goods. This includes (but is not limited to): videos, software, magazines, escort services, illegal goods, drugs, accessories or contraband related to drugs, pirated software, or instructions or education on how to create grenades, bombs, illegal arms or other weapons. Markets, displays or offers any material that exploits children or minors (anyone 18 years old and under).
Offers, promotes, sells or provides either services or content related to commercial email spam, which includes but is not limited to: illegal, Web-based or even direct pharmaceutical sales. This also includes sex or sex-related products, work at home businesses, credit repair, debt relief services, financial management services, trade or stock tips, refinancing and mortgage-related services, party and/or nightclub promotion, gambling, bet-making or odds-based services, which may include but is not limited to casinos or casino games, racetrack or dog-racing bets, poker, online betting businesses, and both pro and college sporting event betting services.
Provides, markets or offers any offensive material that expresses prejudice, racism, bigotry, hatred, profanity, or any material that uses lewd, excessively violent, lascivious, dirty, or other questionable and objectionable content.
Provides, posts, markets or offers personal information about children or minors (anyone 18 and under) without the permission of their parents or legal guardians.
Promotes, posts or offers any type of product or service that is illegal in the geographic area of where the content is created, sent from or received.
Distributes or unleashes nefarious computer or technology related items that include but are not limited to viruses, harmful code, trojans, key-logging software or other types of spyware. Distributes, promotes, posts or offers services or content that solicit participation in pyramid or ponzi schemes, multi-level or channel (MLM) businesses or services that include but are not limited to work at home jobs, "get rich quick" schemes, services or content that offers ways to "build wealth" or become "financially independent".
Distributes content that could be considered threatening, defamatory, libelous or harassing. Promotes or solicits material that encourages violence or subterfuge against organizations, governments, groups, individuals or public figures, or sends out or promotes anything that gives instruction or assistance in carrying out aforementioned violence or behavior. Distributes or uses any content not owned by the sender including photos, artwork or content without the express written consent of the owner, or distributes any material that identifies or displays images of people without their express written consent.
PropertySend reserves the right to show clients' logos and names on our site as representing that they use our service for advertising purposes only. Any client can be removed from said list by simply emailing us or sending written confirmation of the same.
As End User of the Services, if you disagree and/or are dissatisfied with the Services, in whole or in part, or with any provision of this Agreement, in whole or in part, or any subsequent modifications thereto, it is your sole and exclusive obligation and remedy to terminate your End User account, for any reason and at any time.
To terminate your account, you must immediately discontinue your use of the Services, notify PropertySend of your intention to terminate your End User account, and destroy all content and materials obtained through your use of the Services, all related documentation and any originals or copies of same. Upon execution of the termination process, you must cease all use of the Services immediately, and any license granted to you by PropertySend to use the Services will be revoked. Termination of this Agreement and your End User account to use the Services shall not have any effect on your obligations to PropertySend under any other agreement or policy relating to the PropertySend Services. Upon termination of your End User account, PropertySend shall not be liable, in any way, to you or any third party for termination of your use of the Services, and PropertySend shall not be obligated to forward any unread, unsent or unprocessed electronic mail messages to you or any third party. PropertySend reserves the right to immediately terminate your End User account and your access to the Services for any violation of the terms and conditions set forth in this Agreement, with or without prior notice to you, for any reason in PropertySend's sole and exclusive discretion.
12. Cancellation Policy
We offer both a PAY AS YOU GO PLAN and a MONTH-TO-MONTH service, you may cancel a "Pay As You Go" account at any time. You may cancel your "Month To Month" account at any time after the three month commitment has past. Your subscription fee is prepaid so we simply require that you cancel prior to your monthly renewal date or you will be charged your next month's subscription fee.
To cancel your account, please email customerservice [at] propertysend.com and let us know you'd like to cancel your services. Your account will remain accessible and active up until the day before your renewal date. After that date, you will have access to your account but will not be able to send emails.
PLEASE NOTE THAT UNTIL YOU PROVIDE US WITH A COMPLETED CANCELLATION REQUEST, YOUR ACCOUNT WILL BE CHARGED MONTHLY (OR ANNUALLY, IF THAT IS YOUR ACCOUNT TYPE) FOR YOUR SUBSCRIPTION FEE. INACTIVITY IN YOUR ACCOUNT WILL NOT CONSTITUTE A CANCELLATION. YOU WILL BE RESPONSIBLE FOR ANY OUTSTANDING BALANCES AS WELL AS RELATED COLLECTION COSTS. IF, FOR ANY REASON, YOU, "THE CLIENT," ARE RESPONSIBLE FOR CANCELING YOUR ACCOUNT.
IF YOUR CARD IS EXPIRED OR YOU DON'T PAY FOR YOUR CAMPAIGNS, YOU WILL BE RESPONSIBLE FOR ANY OUTSTANDING BALANCES AS WELL AS RELATED COLLECTION COSTS OR ATTORNEY FEES.
13. Disclaimer of Warranties
You expressly agree that use of the Services is at your sole risk. The Services are provided by PropertySend on an "as is" and "as available" basis. PropertySend expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. PropertySend makes no warranties that the Services will meet your requirements and/or be uninterrupted, timely, secure or error-free, nor does PropertySend make any warranty as to the accuracy or reliability of any information obtained and/or downloaded through the use of the Services or that defects in the system and software will be corrected. PropertySend makes no warranty regarding any goods or services purchased or downloaded through the use of the Services or any third-party links or any information obtained or transactions entered into through the use of the Services. No advice or information, whether oral or written, obtained by you from PropertySend shall create a warranty not expressly stated herein. Email marketing is highly subjective, thus PropertySend does not guarantee any particular level of response for our service. Furthermore, PropertySend makes no warranties concerning the suitability of the content provided through the Services for any purpose.
14. Send Time
Your scheduled send time may not be exactly the time you receive the email. Email blasts can take up to 1 1/2 hours to send. There may also be delays on the receiving end that may increase the amount of time to send all emails (beyond 1 1/2 hours). However, in most instances our emails will be delivered within 45 minutes. Please plan accordingly incase the sending takes longer than expected. All times listed are in CST or CDT (depending upon time of year).
15. PropertySend Refund Policy
PropertySend does not provide refund services for electronic email marketing. If there is an error in your email blast that is caused by PropertySend, we may issue you a free email blast to resend the email. If the error is made by you, PropertySend shall not issue any credit for the mistake. No refunds will be given.
If you have any billing or payment errors, let us know within 90 calendar days. If the error is further back than that, we will be unable to issue a refund but may substitute the value for email blast credits to be used at a later date at our sole discretion.
If our new Money Back Guarantee option is selected, a full refund will be provided in the event your email does not receive more opens or higher open rate percentage than the statistics provided prior to order. Your statistics from a competitor must be provided prior to your order to be eligable.
16. Customer Service
PropertySend does not provide telephone customer service for any inquiries. We only provide customer service through email (customerservice [at] propertysend.com) and live chat via the bottom right hand side of our website.
17. Disclaimer of Liability
PropertySend shall not be liable for any damages whatsoever, whether direct, indirect, punitive, incidental, special or consequential, arising out of or in any way connected to the use of the Services, data, or with the delay or inability to use the Services, or for any information, products and services obtained through use of the Services, or otherwise arising out of the utilization of the Services, whether based in contract, tort, strict liability or otherwise, even if PropertySend has been advised of the possibility of said damages. Furthermore, PropertySend shall not be liable for any damages arising from the interruption, suspension or termination of the Services, including, but not limited to, direct, indirect, incidental, special, consequential or exemplary damages, whether or not such interruption, suspension or termination was justified, negligent or intentional.
PropertySend reserves the right to modify and/or discontinue the Services, whether temporarily or permanently, with or without notice to the users, and PropertySend shall not be liable to you or any third party for any such modification and/or discontinuance of the Services. PropertySend further reserves the right to make revisions, modifications, additions, deletions or any such changes to this Agreement at its sole discretion, at any time, with or without notice to its users.
You agree to indemnify and hold PropertySend, subsidiaries, affiliates, officers, agents, representatives, successors, members, principals and other partners and employees harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by you or any third party due to or arising out of your use of the Site, database, or services set forth herein this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations, obligations and warranties set forth above. PropertySend reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any matter without the written consent of PropertySend.
If there is any dispute about or involving the Services provided by PropertySend, by using the Services, you agree that the dispute will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You agree to personal jurisdiction by an arbitrator or mediator and the federal courts of the State of Delaware. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial (or other) Arbitration Rules (including the Emergency Interim Relief Procedures), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You agree to be bound by these terms and conditions, including Section 19 thereof, which provides that you desire to resolve disputes relating to PropertySend, LLC through arbitration; and by agreeing to arbitration, you are giving up various rights, including the right to trial by jury.
If any term or provision of this Agreement is determined to be illegal, unenforceable or invalid in whole or in part for any reason, such illegal, unenforceable or invalid provision(s) or part thereof shall be stricken from this Agreement, and such provision(s) shall not affect the legality, enforceability or validity of the remainder of this Agreement. If any provision or part thereof is stricken in accordance with the provisions of this section, then this stricken provision shall be replaced, to the extent possible, with a legal, enforceable and valid provision that is as similar in tenor to the stricken provision as is legally possible.
22. Entire Agreement
This Agreement represents the entire agreement between you and PropertySend with respect to your use of the Services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and PropertySend with respect to your use of the Services.