Last Updated March 6, 2015
These Terms of Service constitute the agreement between Property Manager Tools LLC (PMT) and users of Property Manager Tools LLC’s services
By subscribing to or using our service, you agree to the following Terms of Service.
- Services will be offered for a minimum period of 1 month.
- Services are offered on On-Going basis. There are no long term contracts to sign.
- Notice period for termination of services is 30 days.
- All services are monthly prepaid, with option to prepay for a maximum of 12 months.
- Our service is provided on best efforts basis. Events beyond our control such as power outages, fluctuations in internet or maintenance etc may
affect service delivery.
- You may not use our service in any way that is illegal, fraudulent, improper, inappropriate, adult-content or pornographic by nature. Such usage will result into immediate discontinuation of the service.
- You may not use our services as aggregated services for multiple companies.
- You may not share, resell or transfer our services.
- You are the sole account holder for the service and are solely responsible for all charges incurred on the account.
- Payment will not be deducted / refunded / compensated for services being unavailable due to:
- Temporary suspension of services requested by the MEMBER.
- Any unavoidable or uncontrollable situation which incapacitates service delivery and is beyond our control.
- Monthly Service charges must be paid in advance.
- Monthly payments must be received before the start of the service period.
- Acceptable payment modes are American Express, Discover, Visa, MasterCard, PayPal, and Bank E-Check.
- If the payment is not received by the end of service period, PMT reserves the right to suspend services until payment is received. All inquiries
will continue to be received in our database during suspension period. When service payment is made and services are resumed, all inquiries received
during the suspension period will be processed.
- Invoice for Monthly Service charges will be available online in "MEMBER Portal" or may be emailed to you as the case may be.
- PMT will never auto-charge your Credit Card or PayPal account. All payments must be MEMBER initiated.
- All payments are final and Non-Refundable.
- By signing up with our services, you tender your acceptance not to dispute any payment for any reason what so ever.
- There are no cancellation charges.
- Cancellation is effective from the date you request cancellation.
- No refunds are issued against cancellation.
- All services must be renewed before the last day of service.
- For services cancelled before the end of your billing cycle, no pro-rated refunds are provided.
WARRANTIES & LIABILITIES
- PMT aims to provide best quality, consistent and uninterrupted services with 99% uptime.
- PMT will not be held responsible or liable for any damages / losses arising out of delivery, non delivery, or deficiency of service.
- MEMBER ensures and will continue to ensure that all properties are supported / promoted / offered via PMT are legal and meets all regulatory
- MEMBER ensures that all information provided to PMT -- including but not limited to contact details, telephone numbers, email address, etc. are
legitimate and the use of this information does not breach any laws.
DISCLAIMER & INDEMNIFICATION
In no event will PMT, its officers, partners, employees, affiliates or agents or any other service provider who provides services to you in connection
with our service be liable for any damages, including but not limited to personal injury, wrongful death, property damage, loss of data, loss of
revenue or profits, or damages arising out of or in connection with the use or inability to use the service. These limitations apply to claims found
in breach of contract, breach of any warranty, any liability, tort, and any and all other theories of liability. These limitations apply whether or
not we were informed of the likelihood of any particular type of damages.
You shall defend, indemnify, and hold harmless PMT, its officers, partners, employees, affiliates and agents or any other service provider who
provides services to you in connection with our service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including,
without limitation, attorneys fees) by or on behalf of, you or any third party or user of our service, relating to our service, including, without
limitation, use of our service by you or others using your account (whether or not such usage is expressly authorized by you).
ANY AND ALL SERVICES AND RIGHTS OF USE HEREUNDER ARE PERFORMED, PERFORMABLE AND/OR SOLD IN THE STATE OF ALABAMA, UNITED STATES OF AMERICA, AND YOU
IRREVOCABLY AGREE THAT ANY CAUSE OF ACTION YOU MAY SUBMIT IN CONNECTION WITH YOUR USE OF THE SITE OR PURSUANT TO THESE TERMS WILL BE FILED IN BALDWIN
COUNTY, ALABAMA WHICH YOU ACKNOWLEDGE AND AGREE WILL BE THE EXCLUSIVE FORUM AND VENUE FOR ANY LEGAL DISPUTE BETWEEN YOU AND US. YOU ALSO AGREE THAT
ANY DISPUTE BETWEEN YOU AND US WILL BE GOVERNED BY THE LAWS OF THE STATE OF ALABAMA, WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES.
ANY CAUSE OF ACTION YOU MAY HAVE HEREUNDER OR WITH RESPECT TO YOUR USE OF THE SITE MUST BE COMMENCED BY FILING SUIT IN BALDWIN COUNTY, ALABAMA, WITHIN
ONE (1) YEAR AFTER THE INCIDENT UPON WHICH THE CLAIM OR CAUSE OF ACTION IS BASED FIRST OCCURRED.
PMT urges all users to be responsible about their use of this Site and any transaction entered into as a result of either listing a property or
renting a property. PMT does not own or manage, nor can contract for, any vacation rental property listed on the Site. Instead, the Site acts as a
venue to allow homeowners and property managers who advertise on other Advertising Sites to offer an automated email quote response to an inquiry sent
from an Advertising Site such as VRBO, HomeAway, TripAdvisor and FlipKey. PMT is not involved in any transaction between travelers and members even
though PMT may from time to time provide tools that relate to a booking, such as a tool to enable a traveler to enter into a transaction to lease a
specific property directly from a member. As a result, any part of an actual or potential transaction between a traveler and a member, including the
quality, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any property), the
ability of members to rent a vacation property or the ability of travelers to pay for vacation rental properties are solely the responsibility of each
PMT is also not responsible for the condition of the vacation rental properties listed on its Site or the compliance with laws, rules or regulations
that may be applicable to any vacation rental property in any jurisdiction.
While PMT does take certain measures with a goal to assist users to avoid potentially fraudulent or other illegal activity of which we become aware,
PMT assume no liability or obligation to take any such measures or actions. In the event PMT does provide warnings or messages to users about any such
activity, PMT does not warrant that such messages or accurate or that such messages will reach any or all users they should have reached in a timely
manner or at all or that such messages or measures will prevent any harm, result or action.
All property listings on the Site are submitted by the member (who may be the owner or a property manager or duly authorized property manager or agent
of the owner) and are the sole responsibility of the member, and we specifically disclaim any and all liability arising from the alleged accuracy of
the listings, or any alleged breaches of contract on a member's part. Members are solely responsible for keeping their property information
up-to-date on the Site, including, but not limited to any and all representations about any property, its amenities, location, price, and its
availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, property location, suitability,
pricing or availability information stored on the Site is accurate or up-to-date even in the case where prospective travelers have inquired for
specific special offers, dates, or types of properties. Members are solely responsible for ensuring the accuracy of any property descriptions, and
travelers are solely responsible for verifying the accuracy of such descriptions.
If any content created by members or users is translated for storage on the Site, the member or user is solely responsible for the review and accuracy
of such translation. Unless we specify otherwise to the user or member, any translation services are offered by us free of charge.
We reserve the right to disclose any information as permitted by prevailing law to satisfy any law, regulation or government request if we determine,
in our sole discretion, that we are required to respond to, or if it would be in our interests to, respond to such request.
Information Sharing and Disclosure
Property Manager Tools LLC does not rent, sell, or share personal information about you or your prospective guests with other people or nonaffiliated
companies unless we are responding to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal
We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud,
Members will communicate through an assigned PMT email address with the guest by using the PMT system. This may include but not be limited to the
QUOTE REQUESTS and FOLLOW UP emails.
A member may not add emails to the marketing system if the person has not given them permission. If a member violates this policy they risk having
their account terminated. This will be at the sole decision of PMT.
PMT is not a property management company and is in no way in business to compete with its members. PMT’s sole purpose is to provide management
tools via the internet for its members to use in their day-to-day property management business.
CHANGES TO THIS AGREEMENT
PMT may change the terms and conditions of this agreement from time to time. By subscribing to our service, you agree that PMT may provide to you by
use of electronic communications, required notices, agreements, and other information concerning PMT, including changes to this agreement. PMT may
give you notice of a change by posting the change on the home page of PMT.com, on your account's web page or monthly bill, in a newsletter, by
e-mail, on the relevant web page of the applicable service, or by other permitted communication. Such notices will be considered given and effective
on the date posted or as mentioned in the notice itself. These changes will become binding on you on the date they are posted or as mentioned in the
notice and PMT is not required to give you further notice in order for you to continue using our service. By continuing to use the service after
revisions are in effect, you accept and agree to all revisions. If you do not agree to the changes, you must terminate your service immediately. When
posted, this agreement supersedes all previously agreed to electronic and written terms of service, including, without limitation, any terms included
with the packaging of your device. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of PMT
services. If you continue to use our service, PMT will consider this your acceptance of any changes.
NO RESALE OR REDISTRIBUTION OF ANY PMT SERVICES
You agree not to reproduce, duplicate, copy, sell, trade or resell any portion of any PMT Services, including intellectual property or trade secrets or access to any PMT Services without PMT prior written consent. You agree to access any PMT Services only through human use of the provided web interface. You may not provide any third party, including PMT competitors or software developers, with access to any PMT Services through your authorized access. Use of any automated method, including but not limited to scripts and scrapers, is prohibited.
You may, however, use and distribute the authorized output from the Service (such as a report), provided that you do not resell such output as a stand-alone or distinct product offering, do not modify the output in a manner which changes or misrepresents the results and you properly acknowledge PMT as the source of the output. Notwithstanding the foregoing, you may not use any output from any PMT Services in connection with litigation or advertising claims without our prior written consent.
PMT PROPRIETARY RIGHTS
You acknowledge and agree that any PMT Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws.PMT grants you a limited, non-transferable and non-exclusive right and license to use any of its Services including PMT RateChaserTM, AQR 3.1, PMT Inspector and GoVacationTM. You agree not to access any of the Services by any means other than through the interface that is provided by PMT for use in accessing any Service.
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