User License Agreement & Terms of Use

Summary

The following User License Agreement (herein “Agreement”) applies to the use of this web-based software product (Structure Property Management, herein “Product”) developed by Structure Online Property Management, LLC (herein “Licensor”).

Please read this License Agreement carefully before using Product. By using Product, you indicate your acceptance of the Terms of the following Agreement. These Terms apply to you and any subsequent Licensee of this Product.

By checking the “I accept” box during registration and continuing to use Product thereafter, you represent and warrant that you: (i) are the User/Licensee or are authorized to sign for and bind the User/Licensee and (ii) agree to be bound by all of the Terms and Conditions of this agreement, including the Licensor’s Privacy Policy. If you are not the User/Licensee, or are not so authorized, or otherwise do not agree with the Terms and Conditions of this Agreement, do not complete the Product registration process.

Licensor reserves the right to modify these Terms and Conditions at any time and will notify you of any such changes. Nothing in Licensor’s marketing materials or other communications describing its services or products is intended to supersede or modify the Terms and Conditions set forth herein in any manner.

The Product contains confidential and proprietary information of Licensor protected under applicable copyright, trade secret and trademark law. The Product software and documentation may not be provided or otherwise made available to third parties without the prior written consent of Licensor.

Licensor retains the ownership of the Product in all respects. The Product is Licensed to you for use under the following conditions:

Permitted Uses

You may:

  • use the Product on any supported computer configuration, provided that Product is used only in the Web environment for which it was designed, and via the servers owned by the Licensor.
  • permanently transfer License of the Product to another User provided you retain no copies and the recipient agrees to the Terms of this Agreement.

Prohibited Uses

You may not:

  • transfer, distribute, rent, sub-license, or lease Product or related documentation, except as provided herein.
  • alter, modify, or adapt Product or related documentation, or portions thereof including, but not limited to, translation, decompiling, disassembling, or creating derivative works.
  • make copies of any Product documentation or software or portions thereof.
  • export Product in violation of any United States export laws.

Limited Warranty

Licensor makes no warranty or representation, either express or implied, with respect to Product, including its quality, performance, merchantability, or fitness for a particular purpose. In no event will Licensor be liable for direct, indirect, special, incidental, or consequential damages arising out of the use or inability to use product or related documentation, even if advised of the possibility of such damages. In no case shall Licensor's liability exceed the amount of the purchase price paid by the User/Licensee for Product. The warranty and remedies set forth above are exclusive and in lieu of all others, oral or written, express or implied. Some states do not allow the exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages, so that the above limitation or exclusion may not apply to you.

Licensor Product

The Product is designed to assist you in the management of commercial properties. Product’s effectiveness and usefulness is entirely dependent upon your own actions and the accuracy of the information you enter into the program. You acknowledge and agree that Licensor is not a provider of management services in regard to your subject properties, or does not hereby give any advice concerning the management of same. The transmission and receipt of information contained with product, in whole or in part, or communication via the internet or email does not constitute or create an agency relationship between you and Licensor. You understand and agree that Licensor does not audit or edit your property management records or render any opinion or judgment regarding the sufficiency or accuracy of same. Licensor is not subject to any laws protecting the confidentiality of any information you might input into the product.

Your authorized use of the Product is intended to be limited to your management of certain commercial properties. You agree not to use the Product in any illegal manner. Any unauthorized use of Product is strictly prohibited and might result in the termination of your rights to use the Product and possible civil and/or criminal liability (as applicable) under law.

You acknowledge and agree that Licensor is not responsible for (i) the content of your Product records, (ii) the completeness or accuracy of your Product records, (iii) any missing records or omissions from your records. You acknowledge and agree that Licensor is not responsible for any adverse conditions or events that might be caused, in whole or in part, by any inaccuracies or omissions in your Product records, or the unavailability of such records.

You acknowledge and agree Licensor is also not responsible for any damage to your Licensor records resulting from a technical failure or computer virus and that Licensor’s services are solely based on information you provide. You acknowledge and agree that it is your responsibility to maintain “offline” copies of your records, and to ensure that the records and information contained within the Product are current and accurate.

You acknowledge and agree that Licensor is not responsible for any adverse condition or event, that may be caused, in whole or in part, by your failure to safeguard the confidentiality of the information you collect through the use of the product. You acknowledge and agree that Licensor does not audit not edit the contents of the information which you input to the Product.

General Terms

This Agreement shall be governed by the laws of the State of Kentucky without regard to its conflict of law provisions. Both parties submit to personal jurisdiction in Kentucky and further agree that any cause of action relating to this Agreement shall be brought in Any applicable court in Jefferson County, Kentucky. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Licensor’s failure to act with respect to a breach by you or others does not waive Licensor’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.

I have read and understand this Agreement and by clicking on the “I accept” button during registration and continuing to use the Product thereafter, I agree to be bound by all of the Terms and Conditions of this Agreement.

©2008-13 Structure Online Property Management, LLC. All rights reserved.