Terms of Use

1. INTRODUCTION.

This Site and its contents are made available by PropVault, Inc. ("PropVault"). These Terms of Use apply to everyone who uses this site (as defined below). THIS DOCUMENT IS A LEGAL CONTRACT, PLEASE READ IT CAREFULLY. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND AGREE TO THEM. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, THEN YOU MUST NOT USE THE SITE.

2. DEFINITIONS.

a. "Site" means all web pages from which these Terms of Use are linked, inluding but not limited to all pages underneath the top domain.

b. "Submissions" means any information submitted to the Site, including personal and Asset information.

c. "Asset" means any individual Submission, and all of its accompanying data.

d. "Subscription" means the period of time that You have access granted to deignated subscriber areas of the Site, whether on a free or paid basis.

e. "Terms" means these Terms of Use.

f. "Use" and its variants are meant in their broadest sense, including, but not limited to, the acts of using, accessing, receiving, browsing, downloading from, and uploading to.

g. "User" is a person or entity who Uses the Site.

h. "You" means you personally, as well as any person or entity on whose behalf you are Using the Site.



3. SITE CONTENT.

a. Use at Your Own Risk. You understand that PropVault may or may not pre-screen Submissions, and You agree to assume all risks in Using them. These risks include, but are not limited to, errors, viruses, worms, defamatory or offensive content. You agree to assume all such risks. If PropVault becomes aware of Submissions that violate these Terms or that PropVault believe to be obscene, lewd, lascivious, excessively violent, harassing, or otherwise objectionable, they may act in good faith to restrict access to or availability of the Submission. If You notice that any other User’s Submissions appear to violate these Terms, or if any other User makes You feel harassed or unsafe, You agree to contact us immediately.

b. Management of Submissions and Access. You agree that PropVault has sole discretion in deciding whether to accept and post Submissions, and that they may delete Submissions for any reason (including no reason) whatsoever. You understand that access to the Site may be limited for technical reasons, and that outages may occur. You agree that PropVault has the right to restrict or terminate, in its sole discretion, access to the Site for any reason, including their belief that a User has violated these Terms.

c. Links to Other Sites. You understand that this Site may provide links to other sites or content that is not hosted or managed by PropVault, and you agree that PropVault has no control over, responsibility or liability whatsoever relating to any such sites or content, including Your Use of them.

4. YOUR USE OF THE SITE. The following terms apply to any Submissions made by You ("Your Submissions").

a. You Take Responsibility for Your Submissions. You represent and warrant that You have all rights needed to provide Your Submissions to PropVault for posting to the Site in accordance with these Terms and to grant the licenses set forth in sections 4.b. You agree that Your Submissions cannot and do not: (i) harm PropVault, interfere with the Site's normal operation, breach its security or authentication measures, or constitute deceptive practices such as spamming, phishing or an attack on a network; (ii) include or constitute anything inaccurate, harmful, obscene, pornographic, defamatory, racist, or otherwise objectionable to a reasonable User; or (iii) violate any law, ordinance, or regulation of any country, state or locality. YOU AGREE THAT YOU, AND NOT PROPVAULT, ARE FULLY RESPONSIBLE FOR YOUR SUBMISSIONS AND THAT YOU, AND NOT PROPVAULT, ARE LIABLE FOR ANY AND ALL CLAIMS ARISING OUT OF THEM.

b. Submissions. PropVault does not claim ownership of Your Submissions. However, in order to fulfill the purposes of this Site, You must give PropVault the right to post, access, use, publish, and refine Your Submissions. In legalese: You hereby grant to PropVault a royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sub-licensable right and license under Your intellectual property rights to reproduce, modify, adapt, publish, distribute, display and use Your Submissions (in whole or part).

c. Moral Rights. You agree that with respect to any "moral" or equivalent rights (including, without limitation, rights of attribution, integrity, disclosure, and withdrawal) You hereby: (i) assign such rights to PropVault, (ii) waive such rights and (iii) agree never to assert such rights or to institute or maintain any action against PropVault or Users relative to any such rights in Your Submissions. To the extent that such rights cannot be assigned or waived by operation of law, You grant to PropVault, a royalty-free, perpetual, irrevocable and worldwide license to fully exercise all such rights akin to ownership, with rights to sublicense through multiple levels of sublicensees and You further consent to PropVault's use sufficient to allow PropVault to exercise the rights granted herein.

d. Privacy. PropVault honors your right to privacy. PropVault will not disclose to any 3rd party your personal information without your consent.

e. Access to restricted Site areas. Your level of access is determined by your Subscription. PropVault will restrict access to a User with an expired Subscription.

f. Subscription renewals. PropVault automatically renews Your Subscription upon expiration and changes any applicable Subscription fees to the primary payment method saved on Your account. In the event a renewl fails, PropVault will notify the User and restrict the User's access. After seven days, the User's account may be suspended by PropVault until full payment is posted

5. MISCELLANEOUS.

a. Disclaimer of Warranties. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE, INCLUDING ALL MATERIALS FOUND ON IT, IS PROVIDED ON AN "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. PROPVAULT DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. PROPVAULT MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE. YOU AGREE TO ASSUME ALL RISK OF LOSS OR LIABILITY FOR THE USE OF THIS SITE OR ANY MATERIALS ON IT.

b. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, PROPVAULT IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITE OR MATERIALS, EVEN IF PROPVAULT HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE). TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE A CLAIM AGAINST PROPVAULT FOR LOST DATA, SERVICE INTERRUPTIONS, SYSTEM FAILURES, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS IN CONNECTION WITH THE SITE OR MATERIALS. YOU AGREE TO HOLD PROPVAULT HARMLESS FROM, AND YOU COVENANT NOT TO SUE PROPVAULT, FOR ANY CLAIMS IN CONNECTION WITH THE SITE OR ANY MATERIALS, INCLUDING THIRD PARTY MATERIALS AND SUBMISSIONS.

c. Trademarks. All logos and trademarks contained on this Site are and remain the property of their respective owners. No licenses or other rights in or to such logos and/or trademarks are granted to You by these Terms.

d. Changes to Terms. PropVault reserves the right to change or update these Terms or to modify any features of the Site at any time, so PropVault encourage You to review the Terms periodically before using the Site. The most current version of the Terms can be viewed by clicking on the Terms of Use link at the bottom of any page on the Site. By continuing to Use the Site after the posting of any changes to the Terms, You agree to be bound by such changes. You are also required to comply with all applicable laws in connection with Your access to and Use of the Site, and such further limitations as may be set forth in any subsequent notice from PropVault. As a condition of Your access and Use of the Site, you warrant that You will not use the Site for any purpose that is unlawful or prohibited by the Terms.

e. General. These Terms constitute the entire agreement between You and PropVault regarding their subject matter, and supersede any prior versions. No modification to the Terms will be binding, unless authorized by PropVault in writing or as provided in Section 5.d above. Any express waiver or failure to exercise any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any competent court, governmental entity or arbitrator, such provision will be replaced with an enforceable provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect. Paragraph headings and captions are for convenience only and are not be to be considered in determining the meaning or effect of these Terms. Rights and obligations under these Terms other than provisions that authorize You to Use or access the Site will remain in effect after termination or expiration of this agreement between us. You agree that no joint venture, partnership, employment, or agency relationship exists between You and PropVault as a result of these Terms or Your access to or Use of the Site.

Last revised April 02, 2009