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.
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
WARRANTIES & LIABILITIES
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 user.
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 claims.
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 RateChaser<sup>TM</sup>, AQR 3.1, PMT Inspector and GoVacation<sup>TM</sup>. 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