Terms Of Service
Thank you for selecting PropertyCampaign.com an email marketing service for commercial real estate buyers, brokers, agents and related services.
Read This ‘Terms of Service Agreement’ carefully. YOU ACKNOWLEDGE AND ACCEPT ALL TERMS AND CONDITIONS OF THIS ‘TERMS OF SERVICE AGREEMENT’ for PropertyCampaign.com. Effective Date: This Terms of Service Agreement was last updated on August 29th, 2016.
This Terms of Service Agreement sets forth the standards of use of the PropertyCampaign.com Service. By using the PropertyCampaign.com website you (the User) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at PropertyCampaign.com website. You are responsible for checking periodically for any changes. If you use the Services after any changes, that means you accept them.
1. Description of Service
PropertyCampaign.com is providing the User with email advertising services. PropertyCampaign.com users may create and distribute electronic mail to advertise commercial real property for sale, lease, exchange, auction, or investment. Recipients may respond by clicking embedded links to PropertyCampaign.com websites, advertiser websites, placing phone calls, sending email, or other methods. PropertyCampaign.com users may set preferences or opt-out of receiving future email messages.
Registration and Membership is not required to use PropertyCampaign.com. PropertyCampaign.com may grant Users limited access to the PropertyCampaign.com website; however, certain portions of the PropertyCampaign.com website and benefits may be available only if you have registered as a User by completing the registration process requiring that you provide current, complete, and accurate information as prompted by the registration process on the PropertyCampaign.com website, which you represent is accurate and complete in all respects and that you are over age eighteen (18), and paying any and all amounts due on or before their due dates. You are responsible for keeping your Account name (email address) and password confidential, and are responsible for any and all activities that occur under your Account. You agree to notify PropertyCampaign.com immediately of any unauthorized activity regarding your Username and any other misuse of the PropertyCampaign.com website of which you are aware. PropertyCampaign.com will not be responsible for any loss that you may incur as a result of someone else using your Username, either with or without your knowledge.
3. Software License
PropertyCampaign.com grants you a non-exclusive license to use only specific parts and functions of the PropertyCampaign.com website and only in strict accordance with all terms of this Terms of Service Agreement, which license PropertyCampaign.com may terminate at any time without notice if PropertyCampaign.com believes a violation of this Terms of Service Agreement has transpired.
4. Disclaimer of Warranties
The site is provided by PropertyCampaign.com on an as is, as available basis. To the fullest extent permitted by applicable law, PropertyCampaign.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. PropertyCampaign.com shall have no liability for any interruptions in the use of this Website. PropertyCampaign.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.
5. Limitation of Liability
PropertyCampaign.com SHALL NOT be liable for any damages whatsoever, and in particular PropertyCampaign.com shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if PropertyCampaign.com has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
6. No Unlawful or Prohibited Use Including Information Advertised or emailed
As a condition of your use of the PropertyCampaign.com website, you warrant and guarantee that you will not use the PropertyCampaign.com website for any purpose that is unlawful or prohibited by this Terms of Service Agreement.
1.You agree that any and all information you, or anyone on your behalf, advertises through the PropertyCampaign.com website shall at all times be:
(i) Accurate in all respects to your knowledge and belief at the time of advertising;
(ii) Shall not be in competition with PropertyCampaign.com in any way, shape, or form;
(iii) Shall not mislead or misrepresent any information to PropertyCampaign, its subscribers, or its users by any means;
(iv) To perform any type of data mining, scraping, or collection;
(v) Authorized in writing to be advertised through the PropertyCampaign.com website by all owners of real property and/or businesses
(vi) Lawfully placed in the PropertyCampaign.com website and in any of PropertyCampaign.com hardware and software.
(vii) Accessed, used, and distributed strictly in accordance with all terms of this Terms of Service Agreement
(viii) Formatted and within the type, size and other limits as described in the PropertyCampaign.com website, which PropertyCampaign.com reserves the right to modify, including without limitation the number of days that data will remain within the PropertyCampaign.com website and the volume of data which you may store on the PropertyCampaign.com website at any one time.
2. All information you place on the PropertyCampaign.com website is accessible by PropertyCampaign.com at all times, and may be revised by PropertyCampaign.com conform to all the PropertyCampaign.com website requirements, although PropertyCampaign.com is under no obligation to reformat any data and shall not be liable to you or any other person for any data or revisions thereto
3. You are responsible for any and all activities that transpire under your Username, and must log off and exit from your Username account at the end of each session of use. You shall send PropertyCampaign.com notice immediately upon you being aware or suspicious of any unauthorized use of the PropertyCampaign.com website by any person.
4. You hereby grant PropertyCampaign.com and its assigns a non-exclusive, unrestricted, perpetual, royalty free license to display, publish, and otherwise use any and all property data and information you, or any person designated by you, advertises through the PropertyCampaign.com website.
5. If PropertyCampaign.com reasonably suspect that any material information supplied is untrue, inaccurate, not current, or incomplete, PropertyCampaign.com has the right to suspend or terminate your access to the PropertyCampaign.com website and all data thereon, and may restore access to the PropertyCampaign.com website and any data thereon, in PropertyCampaign.com sole and absolute discretion, after any and all defaults have been cured to PropertyCampaign.com satisfaction. No refunds will be given.
6. You hereby authorize the PropertyCampaign.com website and PropertyCampaign.com to place cookies and other files on your computer’s hard drive or other storage medium to assist the PropertyCampaign.com website in limiting access to only authorized users and recording authentication information for the duration, activities, and content of each session on the PropertyCampaign.com website.
7. In accordance with and within the privacy and other limitations then set forth in the PropertyCampaign.com website, you authorize PropertyCampaign.com full access to any information regarding you, your Account, any information you place on the PropertyCampaign.com website, all cookies and other information, the use of any and all data on the PropertyCampaign.com website. Notwithstanding the above, PropertyCampaign.com will not disclose any information regarding any user or the use of any and all data in the PropertyCampaign.com website without your prior permission except to its affiliates, licensors or sponsors, or in accordance with the PropertyCampaign.com website, this Terms of Service Agreement, or as may be required by law or lawful process
8. You will abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with the PropertyCampaign.com website and agree not to use the PropertyCampaign.com website or any feature, aspect, or data in, a part of, or from the PropertyCampaign.com website to:
(i) Post or send any unsolicited or unauthorized advertising, promotions, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise that do not directly relate to commercial real estate and/or related services
(ii) Harvest, collect, gather, or assemble information or data regarding other users, including email addresses, without their consent
(iii) Transmit through or post on the PropertyCampaign.com website any unlawful, harassing, libelous, abusive, torturous, defamatory, threatening, harmful, and invasive to another’s privacy, vulgar, obscene, pornographic, or otherwise objectionable material of any kind or nature, or which is harmful to minors in any way
(iv) Transmit any material that may infringe upon any property or upon any rights of any person including without limitation trademark, copyright, or right of publication in any form or format.
(v) Transmit any material that you are aware contains a software virus or viruses, or other harmful or objectionable computer code, files, program, routine such as Trojan horses, worms, time bombs, cancel bots, or pop-ups. (See Paragraph 19)
(vi) Interfere with or disrupt servers, networks, hardware, software, or users connected to, using, or a part of the PropertyCampaign.com website, or violate the licenses, policies, procedures, or regulations of such.
(vii) Attempt to gain unauthorized access to the PropertyCampaign.com website, other accounts, computer systems, networks, or users connected to or using the PropertyCampaign.com website, through password mining or any other means.
(viii) Harass or interfere with another user’s use or enjoyment of the PropertyCampaign.com website and any of that or other user’s data on the PropertyCampaign.com website.
(viii) Harrass, intimidate, or threaten other users, agents, employees, or representatives of PropertyCampaign, LLC.
You are responsible for any and all data which you or your designee advertises through the PropertyCampaign.com website. User agrees to indemnify and hold PropertyCampaign.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys fees and costs, made by any third party due to or arising out of Users use of the Service, the violation of this Agreement, or infringement by User, or other user of the Service using Users computer, of any intellectual property or any other right of any person or entity.
8. Modifications and Interruption to Service
PropertyCampaign.com reserves the right to modify or discontinue the Service with or without notice to the User. PropertyCampaign.com shall not be liable to User or any third party should PropertyCampaign.com exercise its right to modify or discontinue the Service. User acknowledges and accepts that PropertyCampaign.com does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
9.Technical Support and Training
PropertyCampaign.com shall provide technical support at its sole discretion for any difficulties you may have accessing the PropertyCampaign.com website or any of its features. Technical support will not include any aspect of your computer’s hardware, software, configurations, means of gaining access to the internet, ability to browse the internet, or ability to access any facet or portion of the PropertyCampaign.com website.
10. Change Requests, Product Disputes, and Resolution.
(i) The PropertyCampaign.com website User initiating an order is solely responsible for the accuracy of the information contained therein. Users are strongly encouraged to review their orders at all stages during the process.
(ii) Electronic proofs are provided in advance of User distribution. It is the initiating Users responsibility to review these proofs for accuracy prior to distribution.
(iii) For all orders, the automated order fulfillment process places the Users order into queue for review by PropertyCampaign.com before sending but not before the User or Users designee approves their proof and submits payment. Changes cannot be made after the campaign has been approved.
PropertyCampaign’s are emailed on a first come first served basis. Though the User is able to pick a desired date of emailing, no guarantees of date or time of day are expressed or implied.
(iv) PropertyCampaign.com does not issue refunds for email services, except in the following case: If we find the content of a particular blast is not suitable for mailing, a full refund of the fee paid will be given.
(v) PropertyCampaign reserves the right to terminate an account for a violation of this policy. If an account is terminated due to a violation, no refund will be issued.
(vi) PropertyCampaign.com processes payments via credit or debit cards provided by the initiating User at the time that the order is placed, prior to distribution.
(vii) PropertyCampaign.com does not guarantee the level of response for messages sent throughout its network. The unique nature of real property is such that the interest may vary dramatically from one property marketing campaign to another as well as market pricing, quality of offerings, market demand and the economy. PropertyCampaign.com does not offer refunds if recipient response rates do not match the expectations of the sender. Past performance may not indicate future results.
(viii) Customers are solely responsible for carefully reviewing all messages prior to distribution, including custom proofs. PropertyCampaign.com does not issue refunds or credits for customer errors, including but not limited to typographical errors, incomplete text, incorrect HTML code, low resolution or incorrect graphics, non-working or broken URL links, missing content or improperly selected distribution areas.
(viii) In the event that PropertyCampaign.com makes an error while fulfilling an order, it will resend the order at no charge. PropertyCampaign.com may also issue credits for future purchases. No refunds will be given. Additional questions related to change requests, product disputes, and resolution should be directed to PropertyCampaign.com Customer Support staff at firstname.lastname@example.org.
11. Campaign Cancellation Policy
We require 24-hour notice in order to cancel an email campaign currently scheduled in the queue. Failure to provide 24-hour notice may result in the loss of the campaign credit. We understand sometimes campaigns have to be cancelled on short notice and will do our best to accommodate customers’ needs without credit forfeiture. Continuous scheduling and short notice cancellations or scheduling blank campaigns and cancelling the night before will result in permanent loss of the campaign credit.
12. Force Majeure (Higher Forces and/or Acts of God)
The PropertyCampaign.com website contains functionalities and services that allow sending, delivering or receiving information between users, which may be relayed or carried through PropertyCampaign.com, public, third parties’ or other networks, systems, servers, PropertyCampaign.com websites or applications (examples being: telephone and cellular networks, email servers etc. known here forward as “Third Parties’ Network”). The Third Parties’ Networks are not controlled by PropertyCampaign.com in any way and PropertyCampaign.com will not be held responsible for the performance, availability, functionality, quality or reliability of any of the Third Parties’ Networks or the information sent, delivered, relayed, carried or received through the Third Parties’ Networks. Notwithstanding anything herein, PropertyCampaign.com does not warrant or guarantee that the information sent, relayed, carried or delivered through these Third Parties’ Networks will reach its destination or its correct address or recipient or that the details of the recipient or sender are correct or accurate. PropertyCampaign.com will not be liable for, and will be excused from, any failure to deliver or perform, or for any delay in delivery or performance, due to causes beyond its reasonable control, after exercising its best commercially reasonable efforts to remedy any such failure or delay, including without limitation any government actions, fire, work stoppages, civil disturbances, interruptions of power or communications to PropertyCampaign.com or any facilities used by or for PropertyCampaign.com, failure of internet, hosting, telecommunications, or other services to PropertyCampaign.com or facilities used by or for PropertyCampaign.com, natural disasters, acts of God, or acts of terrorism or war.
13. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of service and privacy policies of each site, and we are not responsible therein. We encourage all Users to review said privacy policies of third-parties sites.
14. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While PropertyCampaign.com makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. PropertyCampaign.com makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
15. Governing Jurisdiction
This Terms of Service agreement, without giving effect to any choice of law rules shall be governed by the State of Ohio. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Ohio.
16.Compliance with Laws
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
If any part of this Terms of Service Agreement is found void and unenforceable, it will not affect the validity of the balance of the Terms of Service Agreement, which shall remain valid and enforceable according to its terms. If any part of this Terms of Service Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Service Agreement shall continue in effect. Use of the PropertyCampaign.com website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
18. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is 2009 PropertyCampaign.com., with all rights reserved, or is the property of PropertyCampaign.com and/or third parties protected by intellectual property rights. Any use of materials on the website, 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 PropertyCampaign.com is strictly prohibited. Users agree 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 PropertyCampaign.com.
PropertyCampaign.com is a proprietary mark of PropertyCampaign.com. PropertyCampaign.com trademarks may not be used in connection with any product or service that is not provided by PropertyCampaign.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PropertyCampaign.com.
All other trademarks displayed on PropertyCampaign.com website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. User hereby agrees to allow PropertyCampaign.com to display their logo/name on advertising material and/or websites we control and shall indemnify and hold PropertyCampaign 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 PropertyCampaign.com.
19. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, PropertyCampaign.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
244 5th Avenue, Suite 1866
New York, NY 10001
By Email: support@PropertyCampaign.com
PropertyCampaign.com retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, PropertyCampaign.com reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
21. Other Terms
If any provision of this Terms of Service Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Service Agreement and any other agreements referenced herein may be assigned by PropertyCampaign.com, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Service Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and PropertyCampaign.com as a result of this Terms of Servicer Agreement or your use of the PropertyCampaign.com website.