Software Purchases

PropertyBoss Solutions strives to provide the customer with utmost satisfaction. Software products are available for a 30-day evaluation. Customers are encouraged to fully evaluate PropertyBoss prior to purchasing a software license. Evaluation software downloaded from our web site at propertyboss.com is fully functional and includes complete online documentation.

After purchase, PropertyBoss software is covered by an additional 15-day return guarantee. If you are not completely satisfied, send a written refund request within 15 days of purchase by e-mail to admin@propertyboss.com or by fax/mail.  Return of all purchased items including a signed Letter of Destruction will be required prior to processing a refund. All returns are subject to a 15% reprocessing fee and approval by our customer service group. Payment method of the balance (original purchase price less reprocessing fee, shipping and handling, training, implementation, and technical support fees that are non-refundable) will be at the discretion of PropertyBoss typically by mailing a check for the balance.

Classroom Training

Reschedules
Students may reschedule a class without penalty by notifying PropertyBoss at least fifteen (15) days prior to the class date. If you need to cancel or reschedule your class date within the fifteen (15) day period, you may send a substitute from your organization to avoid any cancellation fees provided that the person meets class prerequisites.

Cancellations
Registrants may cancel up to fifteen (15) days prior to the start date of class and will be reimbursed or rescheduled without penalty. Cancellations made with seven (7) days notice are subject to a cancellation fee of 50% of the list price for the class. Registrants that do not show for class or provide less than seven (7) days notice will be assessed a no show fee of 100% of the list price for the class.

PropertyBoss reserves the right to cancel or reschedule a training course. If a class is cancelled or rescheduled, registrants will be notified a minimum of fourteen (14) days in advance of the first class date. Should PropertyBoss cancel a course, our liability is limited to the return or credit of the registration fee. PropertyBoss is not responsible for any other costs to students (e.g. airline penalties) incurred because of cancelled classes.

Onsite Training

Cancellations
The customer may cancel up to fifteen (15) days prior to the scheduled onsite and will be reimbursed or rescheduled without penalty. Cancellations made with seven (7) days notice are subject to a 50% cancellation fee. The full amount is charged with less notice. However, please note that if non-refundable airline tickets have been purchased at the request of the customer for PropertyBoss people, the customer will be responsible for these expenses.

Web-based Training

No Shows
The instructor will attempt to contact the student for up to fifteen (15) minutes past the scheduled start time. A cancellation/rescheduling fee of 1/4 (15 minutes) of the standard hourly billing rate will be charged if the web session is abandoned.

Notification

To cancel or reschedule a class you MUST contact PropertyBoss in writing by fax at 864.242.1721 or e-mail at admin@propertyboss.com and a phone call placed to your PropertyBoss representative. Do not contact the training site directly, as they cannot help you.

Changes and Modifications

PropertyBoss Solutions reserves the right to modify this policy at its discretion, or against any customer it believes is abusing this policy. Any such revision or change will be binding and effective immediately after posting of the revised Refund Policy on the PropertyBoss Solutions website.

Due to the nature of online sales, this policy is strictly enforced.

Revised: 10/31/2008
Copyright © 2008 PropertyBoss Solutions, LLC All Rights Reserved.

This Client Agreement (Agreement) sets forth the terms and conditions under which PropertyBoss Solution, LLC (PropertyBoss) will provide property management software and related services including system hosting.  Please read the terms carefully.  By signing or accepting any PropertyBoss agreement, order form or otherwise that is contingent upon the acceptance of the terms of this Agreement, the Client will indicate your agreement with them.  If the Client are entering into this Agreement on behalf of a company or other legal entity, your acceptance represents that the Client have the authority to bind such entity to these terms, in which case “Client” will refer to your entity.

1. ACCEPTANCE OF AGREEMENT AND AMENDMENT PROCEDURES

This Agreement will become effective upon the execution hereof and the final acceptance by PropertyBoss of any Order. Final acceptance by PropertyBoss may be conditional upon the Client completing specified requirements including, but not limited to, making initial payments to commence work, successfully passing a credit check and/or accepting the scope of Services (defined below) to be provided.  PropertyBoss reserves the right to reject any Order or agreement for any reason prior to its final acceptance by PropertyBoss.

PropertyBoss reserves the right to modify this Agreement at any time, and without prior notice, by posting an amended Agreement at http://PropertyBoss. com/legal.  The Client is encouraged to review any amended Agreement.  A listing of material changes to this Agreement and their effective dates is provided at the same web address.

The continued use of any services or offerings provided by PropertyBoss indicates the Client’s acceptance of the amended Agreement.  The Client is encouraged to check the above link periodically for amendments and their effective dates.  This Agreement consists of the following:  (i) this Client Agreement, (ii) any Order executed by the Client and accepted by PropertyBoss, and (iii) any Addendum to this Client Agreement.

Use of PropertyBoss software and services is subject to the Terms of Use and Privacy Policy also available at the above referenced link.

2. DESCRIPTION OF SERVICES

PropertyBoss provides software, consulting services and hosting services (“Services”) which include:

• developing and utilizing software and software documentation for the purpose of designing, deploying, operating and maintaining property management software (“Software”),
• providing web consulting services that include the development and design of websites, website features and website functionality, training, support and other services utilized in the development, deployment, operation, maintenance and support of websites (“Website Services”) and
• providing web hosting services that include the hosting of websites and web services by PropertyBoss (“Hosting Services”).

Unless explicitly stated otherwise, any new features, options, resources or offerings that augment or enhance the current Services are subject to the terms of this Agreement

The exact type, features, options, scope, duration, price and/or terms of the Services provided to the Client are specified in an order, order scope or the like provided by PropertyBoss and accepted by the Client and PropertyBoss ( “Order”).  ALL SERVICES PROVIDED BY PROPERTYBOSS REQUIRE A VALID ORDER AND, NOTWITHSTANDING THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE CLIENT IS BOUND BY ALL SUCH TERMS AND CONDITIONS SPECIFIED IN THE ORDER.

In order to use the Services, the Client may require access to the World Wide Web, either directly or through devices that access web-based content, and pay any fees associated with such access.  The Client is responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for their access to and use of the Services, and for all related fees.  When the Client employs credit cards or bank drafts for conducting transactions, The Client is responsible for obtaining, maintaining and paying all related fees for a PropertyBoss approved gateway and merchant account for handling such transactions.

3. INTELLECTUAL PROPERTY AND OWNERSHIP

All computer programs and other technology utilized by PropertyBoss to provide the Services are owned by PropertyBoss or its licensors, and the Client does not acquire any ownership interest therein.  The Client shall not (i) tamper with, copy, merge, decompile, or disassemble any such computer programs and other technology (ii) nor shall the Client disclose, share, or transmit any identification or password code provided by PropertyBoss with any third party without the express written consent of PropertyBoss.  Any rights granted to the Client to use such computer programs and other technology is solely for the purpose described herein and for no other purpose or use.

PropertyBoss shall be deemed the sole author and owner of all Common Gateway Interface, Hyper Text Markup Language code, Java script, Perl script, Visual Basic script, PowerBuilder code and any other code or programming acquired, created, developed or learned by PropertyBoss during the course of providing the Services, whether at the instance of PropertyBoss or as customization or other copyrightable authorship requested by the Client.  the Client hereby assigns to PropertyBoss any and all rights, title and ownership interests which the Client may have in any works of authorship developed in conjunction with PropertyBoss during the course of providing the Services and will not attempt to prohibit or enjoin PropertyBoss at any time from utilizing any skills, knowledge, technical expertise, product or feature enhancements or any other information acquired, learned or developed during the course of providing the Services.

Proprietary Marks. PropertyBoss, other PropertyBoss product and service names, and all of their related logos, are each proprietary trademarks of PropertyBoss (“PropertyBoss Marks”).  Without the prior written permission of PropertyBoss, the Client agrees not to display or use in any manner the PropertyBoss Marks, except as provided for in this Agreement.

4. DEFAMATION; COMMUNICATIONS DECENCY ACT NOTICE

PropertyBoss is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, PropertyBoss’s liability for defamation and other claims arising out of any postings by third parties to any PropertyBoss hosted, operated or maintained system or website is limited as described therein.  PropertyBoss is not responsible for content or any other information entered by the Client or other third parties.  PropertyBoss neither warrants the accuracy of such information, nor assumes any legal obligation or liability in connection with such information, including any responsibility or liability for investigating or verifying the accuracy of any content.

5. CONTENT

The Client acknowledges that PropertyBoss is not an editor or publisher of any graphics, text or data provided to PropertyBoss (“Content”) and that PropertyBoss has no responsibility for screening, policing, editing, or otherwise monitoring this Content.  Notwithstanding the forgoing, PropertyBoss reserves the right to refuse to use or to remove any Content (i) for which the Client is not able to verify ownership or rights of use to the satisfaction of PropertyBoss, or (ii) which, in the judgment of PropertyBoss, is inappropriate or suspect under applicable laws.

The Client agrees that PropertyBoss shall be entitled to the maximum protection allowed by law, including, without limitation, 17 U.S.C. § 512.

6. PAYMENT

Charges – General. The Client shall pay to PropertyBoss all fees and other specified payments (“Charges”) for Services in accordance with this Agreement and the Order.  All payments for Charges shall be made in U.S. Dollars.  In all cases, payments for Charges are due on the dates specified in the Order.  All Services are provided by PropertyBoss on a non-refundable basis.  The Client is liable for all amounts payable to PropertyBoss hereunder, and all such payment obligations shall survive the expiration or termination hereof.  In addition to any other remedies that may be available to PropertyBoss under this Agreement (including without limitation, in connection with the termination of this Agreement) or applicable law.

PropertyBoss will immediately cease all Services and other related work if any Charges are not paid in full by the dates specified on The Order.  If Charges are paid in full within fifteen (15) days after the payment due date, PropertyBoss will re-commence Services and all future Charges shall be due per the original terms and dates of the Order.  Charges not paid in full within fifteen (15) days after the payment due date shall be subject to an additional late fee.  Charges not paid in full within thirty (30) days after the payment due-date shall be in default (“Payment Default”) and subject to the Payment Default terms stated in this Agreement.

Payment Default.  For Charges in Payment Default, PropertyBoss reserves the right to use self-help to the greatest extent permitted by law, including, but not limited to, electronic remedies to obtain such Charges and any related fees.  The Client also shall pay to PropertyBoss all expenses incurred by PropertyBoss in exercising any of its rights under this Agreement or applicable law with respect to the collection of a Payment Default, including without limitation, reasonable attorneys’ fees and the fees of any collection agency retained by PropertyBoss.

Pass Through Items and Other Expenses.  PropertyBoss shall have the right at any time during any term of this Agreement to pass through and invoice to the Client any new or increased fees, assessments, taxes or other charges imposed on or required to be collected by PropertyBoss by any governmental agency or any new or increased charges by any carrier that affect PropertyBoss’s costs in providing the Services.  The Client also will be responsible for paying any sales, license and use taxes, fees, or assessments levied by any local, state or federal government or governmental agency with respect to the provision of Services under this Agreement.  The Client will pay and be solely responsible for all taxes, fees and charges levied directly upon them.

Changes in Charges.  Except as provided elsewhere in the Agreement, the prices and fees charged by PropertyBoss for its Services are only applicable for the Services or dates of Services specified in the Order.  PropertyBoss will have the right, upon notice required by applicable laws, to change the amount or basis for determining any fee or charge or institute any new fees or charges for any new, incremental or additional Services or Orders.  Upon the Automatic Renewal of Hosting Services, PropertyBoss will have the right, upon thirty (30) days notice and subject to applicable laws, to change the amount or basis for determining any fee or charge or institute any new fees or charges for Hosting Services.

7. SOFTWARE

Software.  PropertyBoss grants the Client a personal, non-transferable, non-exclusive and revocable license to use the Software as outlined in a separate license agreement.  PropertyBoss reserves the right at any time to revise and modify the Software, release subsequent versions thereof and to alter features, specifications, capabilities, functions, and other characteristics of the Software, without notice to the Client.  If any revision or modification to the Software materially changes the Client’s ability to conduct business, the Client’s sole remedy is to cancel the Services.

Third Party Software.  With respect to any elective, additional software that may be made available by PropertyBoss in connection with the Software, if the Client elects to download or access such additional software, the Client acknowledges that they may have to agree to additional terms and conditions before they may use such software.

8. SERVICES

Services.  PropertyBoss shall provide the Services defined in the Order in accordance with the terms and conditions hereof and the applicable Order.  In the event of any inconsistency or conflict between this Agreement and any Order, the Agreement shall control.

Services Contact.  The Client shall designate one individual as the principal contact (“Contact”) for communicating with PropertyBoss regarding the Services.  Any decisions made by the Contact with regard to the Services provided hereunder are binding upon the Client.  The Client may change the Contact by written notice to PropertyBoss.

Changes.  Any requested change(s) in the scope of Services specified in an Order must be agreed to by PropertyBoss in writing.  Such changes may require modification of fees charged and/or delivery estimates.

Co-Branding.  All websites developed by PropertyBoss shall display, at PropertyBoss’s option, a “powered by PropertyBoss™” line, logo or other graphic or phrase with a similar meaning.

The Client hereby grants to PropertyBoss the right to publicly perform and display any website developed by PropertyBoss for the purposes of marketing and advertising PropertyBoss’s Services.

Hosting Service.  Subject to the terms and conditions of this Agreement, PropertyBoss shall attempt to provide the Hosting Service for twenty- four (24) hours a day, seven (7) days a week throughout the term of this Agreement.  the Client acknowledges and agrees that from time to time the Hosting Service may be inaccessible or inoperable for any reason, including, without limitation:  (i) repair, maintenance or improvement procedures or repairs that PropertyBoss may undertake at its own discretion; (ii) equipment malfunctions; or (iii) causes beyond the control of PropertyBoss or that are not reasonably foreseeable by PropertyBoss , including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures.  The Client agrees that PropertyBoss has no control of availability of the Hosting Service on a continuous or uninterrupted basis and that the Client shall not be entitled to any discount, refund or other credit for interruptions to the Hosting Service.  The Client is responsible for all expense associated with maintaining its internal network, software, browsers and Internet connections sufficient to use the Hosting Service.

The Client grants to PropertyBoss all rights which may be necessary to provide the Hosting Service including, but not limited to, accessing and monitoring use of the website without notification, receiving and/or storing commands or data transmitted to and/or from the website by Internet users, transmitting web page data and storing, displaying and/or transmitting any other related or necessary data or information.

Protection of Information.  The Client is solely responsible for preventing password-protected screens and information from being accessed by unauthorized persons and for any damage caused by such unauthorized access.

Identifications and Passwords.  PropertyBoss shall provide the Client with a unique identification and password for accessing the Services that will provide the Client the ability to view and modify their generated identifications and passwords.  The Client is solely responsible for the security and proper use of such identifications and passwords, and the Client agrees to take all reasonable steps to ensure that such identifications and passwords are kept confidential, secure, used properly, and not disclosed to unauthorized persons.  The Client shall immediately notify PropertyBoss in the event that the Client has any reason to believe that such identifications and passwords have become known to unauthorized persons.

9. CLIENT CARE

Payment in full of all Services fees entitles the Client to technical assistance (“Client Care”) made available by PropertyBoss.  PropertyBoss reserves the right to alter, at its sole discretion, the extent of any Client Care provided for the Services, and the hours and means of access by which it is available.  PropertyBoss may offer, as an option and for a fee and subject to additional terms and conditions, additional types and levels of assistance.

10. SYNDICATED CONTENT

Syndicated Content.  The Client is solely responsible for obtaining and properly licensing and paying any and all associated fees for any content, data, information or other assets provided by a third party (“Syndicated Content”) and displayed, offered or otherwise used in conjunction with the Client’s Services.  The Client acknowledges and agrees that PropertyBoss shall not be responsible for obtaining, providing or otherwise offering any such Syndicated Content and that the termination of any such Syndicated Content by a third party does not relieve the Client of any of the obligations of the Agreement.

11. ELECTRONIC COMMERCE

Online Commerce.  PropertyBoss may provide the Client, as an option and for a fee, certain features and functionality as a part of its Services which enable the Client (i) to engage in commerce which may, in full or in part, be conducted electronically through the Client’s website, and/or (ii) to collect information including personally identifiable information from the website’s visitors (“Online Commerce”).  If the Client elects to conduct Online Commerce, the Client confirms and warrants that PropertyBoss is not the selling agent, distributor, marketer or other affiliate, and that the Client is solely responsible for each and all of the following: the operation and conduct of the Online Commerce (including, without limitation, the accuracy and appropriateness of advertising claims, content and related materials); the calculation and application of pricing, coupons, totals, shipping and sales, use, or other tax; and the purchase transactions with users, including, without limitation, order receipt, product delivery, payment terms and payment collection.  The Client confirms and warrants that the content and materials appearing online or related to products do not violate or infringe upon the rights of any third party and are not libelous or otherwise illegal.  In no event shall PropertyBoss be liable for any claims, damages or losses arising out of or in connection with such transactions.

Credit Card Transactions.  The Client acknowledges and agrees that the Client is solely responsible for processing credit card transactions and between the Client and any PropertyBoss approved credit card processing company as the Client may contract with.  The Client is responsible for completing any applications or paying any fees, charges or otherwise owed in conjunction with the processing of such credit card transactions and shall assume full liability for meeting any obligations, financial or otherwise, that arise out of engaging in such credit card transactions.  The Client further acknowledges and agrees that PropertyBoss shall not be responsible in any way for the collection and disbursement of funds due to the Client as a result of such credit card transactions.

Security of Visitor/Customer Information.  By conducting Online Commerce, the Client acknowledges and agrees to accept full responsibility and liability for the security of any customer credit card numbers and any other related visitor or customer information, financial or otherwise, including without limitation any and all personally identifiable information which the Client may access, collect, be in receipt of, or archive through conducting Online Commerce and to treat all such information as confidential to the extent required by law.  PropertyBoss will treat all such information as confidential.  Regarding data security, PropertyBoss’s sole and exclusive obligation and liability will be to undertake commercially reasonable measures consistent with prevailing industry standards to safeguard all such data and information.

Financial Calculations.  The Client acknowledges and agrees that the Client is solely responsible for the accuracy of any financial calculations that may be performed in conjunction with conducting Online Commerce including, but not limited to, the calculation of pricing, compensation, commissions, payments due, payments owed or any other financial calculations and any and all obligations, financial or otherwise, that may arise out of such calculations.  Furthermore, the Client shall verify the accuracy of any such financial calculations prior to making or accepting any payments based on such financial calculations and, in the event the Client determine an inaccuracy in such a calculation, the Client is responsible for providing written notification of such inaccuracy to PropertyBoss and subsequently verifying that any and all corrections made by PropertyBoss are correct and accurate.

12. GENERAL

Anti-Spam Policy. The Client acknowledges and agrees to a zero-tolerance anti-spam policy.  The Client acknowledges and agrees that the Client will not upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation via e-mail.  This includes any e-mail originating from PropertyBoss servers, or e-mail originating from third party servers that contains any variation of a domain name or hyperlink to a domain name that is hosted on a PropertyBoss server.  Violation of this policy is grounds for immediate termination of this Agreement and the permanent cancellation of any websites, domain names, e-mail accounts, and other Services without refunds or financial concessions of any kind.  In addition, the Client is liable for any reasonable expenses, including the time of PropertyBoss employees associated with removing PropertyBoss server or Internet Protocol addresses from any “black lists” or other lists associated with the use of such solicitations.

Downloading of Data or Files. The Client acknowledges and agrees that PropertyBoss cannot and does not guarantee or warrant that files available for downloading through a PropertyBoss server and facilities will be free of infection, viruses, worms, Trojan horses or other means or code that manifests contaminating or destructive properties.  The Client is solely responsible for implementing sufficient procedures to satisfy the particular requirements for virus detection and remediation regarding downloadable files, accuracy of data input and output, and for maintaining a means external to PropertyBoss for the reconstruction of any lost data.  The Client also expressly recognizes that the Internet contains unedited materials, some of which may be unlawful, indecent, or offensive, and access to such materials by the Client is done at their sole risk.

13. ORDER CANCELLATION AND REFUNDS

Software Purchases. Software products are available for a 30-day evaluation.  Clients are encouraged to fully evaluate the Software prior to purchasing Services.  Evaluation software downloaded from our website at propertyboss.com is fully functional and includes complete online documentation.

After purchase, Software is covered by an additional 15-day return guarantee.  If the Client is not completely satisfied, send a written refund request within 15 days of purchase by e-mail to admin@propertyboss.com or by fax/mail.  Return of all purchased items including a signed Letter of Destruction will be required prior to processing a refund.  All returns are subject to a 15% reprocessing fee and approval by the PropertyBoss Client Care group.  Payment method of the balance (original purchase price less reprocessing fee, shipping and handling, training, implementation, and client care fees that are non-refundable) will be at the discretion of PropertyBoss typically by mailing a check for the balance.

Classroom Training – Reschedules. Students may reschedule a class without penalty by notifying PropertyBoss at least fifteen (15) days prior to the class date.  If the Client needs to cancel or reschedule their class date within the fifteen (15) day period, the Client may send a substitute from their organization to avoid any cancellation fees provided that the person meets class prerequisites.

Classroom Training – Cancellations.  Registrants may cancel up to fifteen (15) days prior to the start date of class and will be reimbursed or rescheduled without penalty. Cancellations made with seven (7) days notice are subject to a cancellation fee of 50% of the list price for the class. Registrants that do not show for class or provide less than seven (7) days notice will be assessed a no show fee of 100% of the list price for the class.

PropertyBoss reserves the right to cancel or reschedule a training course. If a class is cancelled or rescheduled, registrants will be notified a minimum of fourteen (14) days in advance of the first class date. Should PropertyBoss cancel a course, our liability is limited to the return or credit of the registration fee. PropertyBoss is not responsible for any other costs to students (e.g. airline penalties) incurred because of cancelled classes.

Onsite Training.  The Client may cancel up to fifteen (15) days prior to the scheduled onsite and will be reimbursed or rescheduled without penalty. Cancellations made with seven (7) days notice are subject to a 50% cancellation fee. The full amount is charged with less notice. If expenses are incurred (i.e. non-refundable airline tickets) at the request of the Client, the Client is responsible for these expenses.

Web-based Training. The instructor will attempt to contact the student for up to fifteen (15) minutes past the scheduled start time. A cancellation/rescheduling fee of 1/4 (15 minutes) of the standard hourly billing rate will be charged if the web session is abandoned.

14. TERM AND TERMINATION

Agreement Term. The term of this Agreement shall commence immediately upon the acceptance by PropertyBoss of the Order and shall continue for the duration of the term specified in the Order.  After the expiration or termination of this Agreement, any existing Order then still in effect shall continue unaffected and in full force and effect unless otherwise terminated as provided herein or in such Order.

Automatic Renewal of Hosting Services. After the expiration of the original term as specified on the Order, Hosting Services shall renew from month-to-month at the prevailing prices for such Hosting Services unless sooner terminated by either party.

Termination.  The Client agrees that PropertyBoss may terminate any Service without prior notice, upon the occurrence of any of the following: (i) breaches or violations of this Agreement or other incorporated agreements or guidelines, (ii) requests by law enforcement or other government agencies, and (iii) a request by the Client pursuant to the terms herein.  Termination of Services includes (i) immediate termination of all Services and Services-related work, (ii) removal of the application from the PropertyBoss server, (iii) deletion of identification and password and related information, files and content associated with or inside the application, and (iv) barring further use of the Services.  Further, the Client acknowledges and agrees that PropertyBoss shall not be liable to the Client or any third-party for any termination of their Services or access to their application.  PropertyBoss will archive all data stored in databases maintained by PropertyBoss for a period of thirty (30) days after termination.  If the Client requests a copy of such data and pays to PropertyBoss its then current fee for processing the data during the thirty (30) day period, PropertyBoss will record such data on media and in a format mutually agreed upon and transmit such data to the Client.  If no request is made for a copy of such data or if a mutual agreement is not reached within the thirty (30) day period, PropertyBoss may destroy all such data without liability.

Automatic Termination. Unless PropertyBoss promptly after discovery of the relevant facts notifies the Client to the contrary in writing, this Agreement and the Order(s) will terminate immediately without notice upon the institution of insolvency, bankruptcy, or similar proceedings by or against PropertyBoss, any assignment or attempted assignment by PropertyBoss for the benefit of creditors, or any appointment, or application for such appointment, of a receiver for PropertyBoss.

Rights and Obligations on Termination. Upon termination of this Agreement, PropertyBoss and the Client shall have no obligations to each other except as provided in this Agreement.  Upon termination of this Agreement, the Client shall (i) pay all amounts due and owed to PropertyBoss without deduction of any amount and (ii) immediately cease using the Services.  Any amounts due and owed to PropertyBoss not paid in full upon termination shall be Payments in Default and subject to the terms of this Agreement.

Waiver.  The Client expressly waives any statutory or other legal protection in conflict with the provisions of this section.

15. MUTUAL EXCHANGE OF CONFIDENTIAL INFORMATION

The parties anticipate that each may disclose confidential information to the other.  Accordingly, the parties desire to establish in this section terms governing the use and protection of certain information one party (“Owner”) may disclose to the other party (“Recipient”).  For purposes hereof, “Confidential Information” means the terms and conditions hereof, and other information of an Owner (i) which relates to the purpose and subject matter of the Services, including the business models and plans of Owner and Owner’s plans for the design of an application, including without limitation, Non-Public Personal Information, or (ii) which, although not related to the Services, is nevertheless disclosed hereunder, and which, in any case, is disclosed by an Owner or an affiliate to Recipient in document or other tangible form bearing an appropriate legend indicating its confidential or proprietary nature, or which, if initially disclosed orally or visually is identified as confidential at the time of disclosure and a written summary hereof, also marked with such a legend, is provided to Recipient within fifteen (15) days of the initial disclosure. “Non-Public Personal Information” means any of the following information accessible through or archived in connection with any application operated by or for Owner: any identifier that permits physical or online contacting of a specific individual person, including without limitation, any one or more of (i) first and last name, (ii) home or physical address, (iii) e-mail address, (iv) telephone number, or (v) social security number.  Recipient may use Confidential Information of Owner only for the purposes of this Agreement and shall protect such Confidential Information from disclosure to others, using the same degree of care used to protect its own proprietary information of like importance, but in any case using no less than a reasonable degree of care.  Recipient may disclose Confidential Information received hereunder only as reasonably required to perform its obligations under this Agreement and only to its employees and contractors who are bound by signed, written agreements sufficient to enable Recipient to enforce all the provisions of this section.  The restrictions of this Agreement on use and disclosure of Confidential Information shall not apply to information that: (i) is in the possession or control of Recipient at the time of its disclosure hereunder; (ii) is, or becomes publicly known, through no wrongful act of Recipient; (iii) is received by Recipient from a third party free to disclose it without obligation to Owner; or (iv) is independently developed by Recipient without reference to Confidential Information.

16. LIMITATION OF LIABILITY

The parties acknowledge that the limitations set forth herein are integral to the amount of fees levied in connection with this Agreement, and that, were PropertyBoss to assume any further liability other than as set forth herein, such fees would of necessity be set substantially higher.  PropertyBoss does not monitor or exercise control over the content of the information transmitted through its facilities.  Use of the Services or any information that may be obtained there from is at the Client’s risk.  PropertyBoss shall have no responsibility or liability for the accuracy or quality of information obtained through its Services.  PropertyBoss shall not be deemed to be in default of any provision of this Agreement or be liable for any delay, failure of performance or interruption of the provision of Services to the Client resulting, directly or indirectly, from any (i) weather conditions, natural disasters or other acts of God, (ii) action of any governmental or military authority, (iii) failure caused by any supplier of electricity, or telecommunication or other Internet provider, or (iv) other force or occurrence beyond its control.  The exclusive remedy against PropertyBoss for any damages whatsoever to the Client arising out of or related to this Agreement shall be the refund of the lesser of $1,000 or the total fees paid by the Client to PropertyBoss within the past 60 days with respect to the then current term of this Agreement.

PROPERTYBOSS SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE SERVICES BY THE CLIENT OR ANY THIRD PARTIES EVEN IF PROPERTYBOSS HAS BEEN ADVISED OF THE POSSIBILITY THEREOF OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, MIS-DELIVERIES OR SERVICE INTERRUPTIONS, OR VIRUSES, “HACKING”, ACCESS OR INTRUSIONS CAUSED BY THIRD PARTIES.  PROPERTYBOSS PROVIDES THE SERVICES “AS IS” AND “WITH ALL FAULTS”, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, WARRANTIES OF COMPLETENESS, ACCURACY, FREEEDOM FROM INTERRUPTION, OR OF VERIFICATION OF CONTENTS.  PROPERTYBOSS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  THE CLIENT SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PROPERTYBOSS SHALL HAVE NO LIABILITY THEREFORE.

The limitations of liability provided herein shall inure to the benefit of PropertyBoss and all PropertyBoss affiliates and to all of the respective officers, directors, attorneys, employees and agents of PropertyBoss and such other entities (“Limited Liability Parties”).  The limitations of liability afforded PropertyBoss in this Agreement shall apply whether (i) the action in which recovery is sought is based in contract, tort (including without limitation, negligence, product liability, or strict liability), statute or otherwise or (ii) a Limited Liability Party is alleged to be liable jointly with one or more parties or otherwise.  The forgoing limitations will not apply to the extent damage, loss, or injury is caused by the willful tortuous misconduct or gross negligence of PropertyBoss.

The immediately preceding paragraphs are intended to be independent of each other and the failure of the essential purpose of one shall not affect the other.

17. MUTUAL INDEMNITY

Each party (“Provider”) will at its expense defend and indemnify the other party (“Recipient”) against a claim that any information, design, specification, instruction, software, data or material furnished by the Provider (“Material”) and used by the Recipient hereunder infringes or violates a Proprietary Right of another, provided that: (i) the Recipient notifies the Provider in writing within thirty (30) days of the claim; (ii) the Provider has sole control of the defense and all related settlement negotiations; and (iii) the Recipient provides the Provider with the assistance, information, and authority reasonably necessary to perform the above; reasonable out-of-pocket expenses incurred by the Recipient in providing such assistance will be reimbursed by the Provider. The Provider shall have no liability for any claim of infringement resulting from: (i) the Recipient’s use of a superseded or altered release of some or all of the Material if infringement would have been avoided by the use of a subsequent unaltered release of the Material which the Provider provides to the Recipient; or (ii) any information, design, specification, instruction, software, data, or material not furnished by the Provider.  In the event that some or all of the Material is held or is believed by the Provider to infringe, the Provider shall have the option, at its expense: (i) to modify the Material to be non-infringing; or (ii) to obtain for the Recipient a license to continue using the Material.  If it is not commercially feasible to perform either of the above options, then the Provider may require from the Recipient return of the infringing Material and all rights thereto.  THIS INDEMNITY SECTION STATES THE PARTIES’ ENTIRE LIABILITY AND EXCLUSIVE REMEDY FOR INFRINGEMENT.

18. ARBITRATION

Except for actions to protect propriety rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect.  There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules.  The arbitration shall take place in Greenville, South Carolina.  The arbitrator shall apply the laws of the State of South Carolina to all issues in dispute.  The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement.  Legal fees shall be awarded to the prevailing party in the arbitration.

19. NOTICES

Any notice or communication required or permitted to be given hereunder may be delivered by hand, deposited with an overnight courier, sent by e-mail or facsimile (provided delivery is confirmed), or U.S. Mail (registered or certified only), return receipt requested.  Notices to PropertyBoss shall be sent to:

PropertyBoss Solutions, LLC
56 Pointe Circle
Greenville, SC  29615
Attn: Client Agreement Notice

or via fax to (864) 242-1721.

PropertyBoss may provide notice to the address, e-mail address or facsimile provided by the Client as part of this Agreement.  Such notice will be deemed to be given when received.

20. CONTINUING OBLIGATIONS

The following obligations shall survive the expiration or termination hereof: (i) any and all limitations of liability and indemnities granted by either party herein, (ii) any covenant granted herein for the purpose of protecting the proprietary rights of either party or any remedy for breach thereof, (iii) the payment of taxes, duties, or any money to either party hereunder, and (iv) the return of materials to either party.

21. MISCELLANEOUS

This Agreement and the documents or instruments referred to herein contain the entire agreement and understanding between the parties with respect to the subject matter hereof and supersede all prior oral or written agreements or understandings between the parties relating thereto.  This Agreement may be modified only in writing signed by the parties.

This Agreement shall be construed under the laws of the State of South Carolina, without regard to its principles of conflicts of law.  The parties agree that any action arising under or in connection with this Agreement shall be brought in the state or federal courts in Greenville County, South Carolina, and the parties hereby waive any rights to assert jurisdiction or venue in any other court.  Client rights and obligations under this Agreement are not assignable without the prior written consent of PropertyBoss.  PropertyBoss may assign its interest hereunder without the consent of the Client.  The failure of either party to enforce at any time any of the provisions hereof shall not be a waiver of such provision, or any other provision, or of the right of such party thereafter to enforce any provision hereof.  Nothing contained in this Agreement, express or implied, is intended to confer upon any person or entity, other than the parties hereto and their permitted assigns, any rights or remedies of any nature whatsoever by reason of this Agreement.

If any provision in this Agreement is held invalid, void, or unenforceable by a court of competent jurisdiction, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.  If and to the extent the provisions of this Agreement conflict with 17 U.S.C. § 512, 17 U.S.C. § 512 shall control.

Government Restricted Rights Legend.  Any Software or Services which are used by or transmitted for or on behalf of the United States of America, its agencies and/or instrumentalities (U.S. Government), are provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is PropertyBoss Solutions, LLC, 403 Woods Lake Road, Suite 208, Greenville, SC  29607.

Revised: 10/31/2008
Copyright © 2008 PropertyBoss Solutions, LLC All Rights Reserved.

Our Client Care Team is committed to your success with PropertyBoss.  We work hard to provide you with the fastest possible response to your questions.  Client Care includes HelpDesk, training/implementation services, and account care (billing inquires, shipping status).  An important part of Client Care is providing you with answers to your questions.  Contact information is available at propertyboss.com/support.

Pre-Sale Technical Support

If you are evaluating PropertyBoss software, we provide numerous support options on the PropertyBoss website.  The website contains a number of tools that will assist you in your evaluation including technical articles, EinsteinAnswers™, PropertyBoss User Manual, and web sessions.  We recommend you review the recorded web sessions.  These short sessions (typically five to ten minutes each) provide good introductions into the features and use of PropertyBoss.

If you have additional questions about the use or capabilities of PropertyBoss, please submit your question to a sales representative who will answer or investigate your question.  This process ensures that we respond promptly to your inquiry and enables us to guide you to the appropriate information or training resource.  A sales representative can be reached at solutions@propertyboss.com or by calling 864.297.7661 x2.

After-Sale Technical Support

PropertyBoss offers a number of different ways to obtain technical support, training, and implementation support.  Clients with an active PASS agreement have access to the following technical support offerings:

• EinsteinAnswers™ – an extensive collection of documentation, technical articles, and white papers
• Recorded Web Training Sessions – short recorded sessions that show in detail how to use a particular feature of PropertyBoss
• Web-based Support Request – online request for assistance
• E-Mail/Fax Support – e-mail or fax your technical support request
• Telephone Support – if you still need help, we are available to help you in person
• Web-based Training and Implementation support – services not covered by the PASS agreement are available ala carte

Technical Support / Training / Implementation Support

Requests or assistance typically fall into one of these categories:

• Technical Support Issue – A technical support issue is for any situation where PropertyBoss is not working as defined in the documentation.  Examples of technical support issues include installation problems, error messages that appear when using PropertyBoss, invalid information appearing on a screen or report.
• Training Issue – Most requests fall into this category.  Typically the first question we are asked is ‘How do I…?’  For training questions we recommend you search the forums, Knowledge Base, and recorded sessions first.  Most questions can be answered through this method.  For other training issues or if you would like in-depth training on a particular issue, we are happy to schedule a web-based training session with one of our trainers.
• Implementation Issue – For issues about how to use PropertyBoss to handle your specific requirements, we offer implementation support through interactive web sessions.  These sessions are geared toward your specific needs and requirements.

PropertyBoss Annual Subscription Service – PASS

Your first year PASS is included in the initial purchase price of PropertyBoss (not PropertyBooks).  After the first year, clients are encouraged to renew their subscription.  A description of the PASS program is available at PropertyBoss PASS Program.  Current PASS holders receive the following benefits:

• maintenance releases for current version
• all upgrade releases while under contract
• ten support units including calls, e-mails and online requests for each year
• access to EinsteinAnswers™

Calling the HelpDesk

The HelpDesk is available 8 a.m. to 5 p.m. Eastern Standard Time, Monday through Friday.  We endeavor to answer calls personally.  If all of the HelpDesk specialists are busy, please leave a short voice mail describing the nature of your problem, the urgency of your call, and a callback number.  We will provide a response as soon as possible, usually in less than two hours and always within the same business day.

We log all HelpDesk requests in our Client Care Tracking System.  You will receive a tracking identifier via e-mail for each request.  Please reference the identifier in additional communications.  We track the status and resolution of every HelpDesk request to ensure that everyone is receiving prompt and reliable service.

What is a Support Incident?

Each subscription agreement (PASS) includes ten support incidents.  Your initial purchase of PropertyBoss includes the first year PASS subscription with no limit on incidents in the first month to help with startup issues.  Additional packages of support incidents can be purchased as required.  Support incidents can only be used for technical support issues and simple training questions that can be answered within 15 minutes on the phone and do not require web-based interaction.  Training issues longer than 15 minutes will be scheduled with a trainer and are purchased separately.

A “support incident” is a contact with our support group using any medium (phone, e-mail, web submission, etc.) requiring 15 minutes or less of time on interaction or research.  We wish to encourage individuals to seek solutions through other mechanisms (outlined in the After Sale Technical Support section above) before directly involving the HelpDesk.

Closing a Support Request

A Support Request is considered closed when a workaround or solution is provided, or when a resolution (this can include either a workaround or explanation as to why it’s not possible to perform the requested action) is provided.  Product improvement suggestions are recorded in our product development work order system.

The final result may be that a requested outcome is not attainable due to product constraints, compatibilities, time, network environments or other factors beyond our control.  Our HelpDesk people will try their best to provide a solution or workaround, but we cannot guarantee a final outcome when a support inquiry or project is accepted.

User Documentation

With our products, we provide user guides, QuickStart guides and online help within the product describing how to install, configure and use the software.  We recommend that users take the time to read and reference these documents before seeking additional assistance.  We find that many of the answers to questions we are asked are in these documents.

Website Technical Assistance

If you have an active subscription agreement, the PropertyBoss website provides a wealth of resources including EinsteinAnswers™, user forums, updated user guides, and software downloads.  Website technical support is available 24 hours a day, 7 days a week.

E-mail Assistance

Send your e-mail message to care@propertyboss.com.  Include the following information for the fastest response:

• your full name
• your company/corporate office name
• reply to e-mail address
• phone number where you may be reached
• name of product and version you are using
• description of events that lead up to the incident
• version of Microsoft Windows^® installed on your computer

Please allow one business day for a response, although we do our best to respond in less time.

Pay-as-you-go Telephone Support

If you are a registered customer but do not have an active subscription agreement (PASS), telephone support is available by calling 1.864.297.7661. The cost for pay-as-you-go telephone support is $3.00 per minute with a 15 minute minimum.  Please have a MasterCard or Visa credit card ready, as you will be charged for this call.

Bugs or Enhancements

Bug or Enhancement reports are accepted via telephone, online form, or via e-mail. An inquiry directly related to a software bug does not affect your number of support incidents.

What is a bug? A bug is some technical aspect or functionality of the product that does not execute and deliver results as designed and outlined in the product documentation.  An issue isolated to a user’s specific configuration or environment does not fall within our definition of a bug.  A HelpDesk person will, if possible, provide troubleshooting suggestions for these issues.  An issue is recognized as a bug only after it has been reproduced in steps provided by the customer and has been confirmed as a product bug by the development team.

Most errors that occur are automatically sent to the PropertyBoss client care team if you have a web connection on the computer.  You should receive a phone-call or e-mail from PropertyBoss acknowledging receipt of the error.  We endeavor to resolve the error in the next PropertyBoss update.

Documentation Errors

We accept notification of errors in the documentation via phone call, online or e-mail.  A documentation error consists of inaccurate information or instruction provided in the documentation accompanying the product.  These include user manuals, Online Help, Getting Started Guides, and HTG documents.  Documentation suggestions are not logged as a support incident.

Training Services

Training services include web-based training seminars, one-on-one web-based training, classroom training, and on-site training.  Web-based training can be purchased through the support team.  Contact a sales representative for information on classroom and on-site training.

Consulting and Implementation Services

Consulting services are available to customers that require more detailed assistance with implementation, data conversions, operational assessments, or best practices.  In general these services require a greater amount of time and resources, and a Statement of Work (with estimate) will be provided prior to the engagement.  Call a sales representative to purchase this service.

Web Site Registration

In order to access some parts of the PropertyBoss web site, including downloads and to submit support requests, you will need to register as a user.  Registration enables us to contact you for on-going support.  As part of the registration process we ask you for some basic information such as your name, company name and location.  Once you are registered you can access all parts of our website; re-registering is not necessary.

All registered clients have the option of receiving PropertyLink, an e-mail update on our product and service offerings.  They can choose not to receive this.  Anyone registered with PropertyBoss can log onto our secure web site and view and amend their personal information (including mailing preferences) at any time.  The registration data stored on the PropertyBoss server will not be sold, exchanged or knowingly released to third parties without prior written permission from the individuals affected.

Legacy Releases

PropertyBoss limits the length during which interactive online and phone support services are available for a product line to the last two versions shipped and a maximum of 24 months after initial ship date for any given version.  Information regarding initial ship dates can be found by contacting a sales representative.  Review our Sunset Policy above for more information.

PropertyBoss provides customers with easy access to online product knowledge bases that contain technical information and answers to commonly asked questions for each product version.  We encourage customers to use this resource first as an easy way to find answers to their questions.  While PropertyBoss may not update these knowledge bases after interactive online and phone support services are discontinued for a given version, they remain posted online.  After interactive online and phone support services are discontinued for a given product version, customers can continue to access the product knowledge base to find answers.

Revised: 12/09/2008
Copyright © 2008 PropertyBoss Solutions, LLC All Rights Reserved.

PropertyBoss is an equal opportunity employer and hires individuals on the basis of their qualifications and ability to do the job to be filled. Unless otherwise provided in writing, employment with PropertyBoss is considered to be at will, so that either party may terminate the relationship at any time and for any lawful reason.

PropertyBoss normally will try to fill job openings above entry level by promoting from within, if qualified internal applicants are available. In addition, PropertyBoss normally will give consideration to any known qualified individuals who are on layoff status before recruiting applicants from outside the organization.

All applicants must complete an employment application. PropertyBoss may also require a resume and letters of reference depending on the position being applied for. An application must be completed before an applicant will be considered a candidate.

Following PropertyBoss’s review of all completed applications, we will begin interviewing the most qualified candidates. Those who do not meet our employment requirements for what ever reason will remain classified as applicants. Applicants may apply once each month for candidate status.

PropertyBoss will make conditional offers of employment to those candidates selected during the interview process. The conditional aspect of the job offer depends on the employee’s agreeing to acknowledge company policies in writing, consenting and passing all necessary drug, background and reference checks and any other condition that should be met before the candidate may consider themselves an employee.

Following an acceptance of an offer of employment, all new employees will be given a start date and location to report for an orientation session. During the orientation, the new employees will be given workplace rules, policies and other information about their positions. Authorization forms and policies must be signed at this time BEFORE actual work is performed and before they are sent for a meeting with their new department manager.

Revised: 3/20/2009
Copyright © 2009 PropertyBoss Solutions, LLC All Rights Reserved.

This privacy statement discloses the privacy practices for this web site.

Information Collection and Use

The copyright owner indicated below (“We”) is the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. We collect information from our users at several different points on our website.

Cookies

A cookie is a piece of data stored on the hard drive containing information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. Once the user closes their browser, the cookie simply terminates. For instance, by setting a cookie on our site, the user would not have to log in a password more than once, thereby saving time while on our site. Cookies also enable us to track and target the interests of our users to enhance the experience on our site. Some of our business partners use cookies. We have no access to or control over these cookies.

Log Files

Like most standard Web site servers we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user movement in the aggregate, and gather broad demographic information for aggregate use.

Links

This web site contains links to other sites. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this web site.

Legal Disclaimer

Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site.

Notification of Changes

If we decide to change our privacy policy, we will modify this public document so our users are always aware of what information we collect, how we use it, and under circumstances, if any, we disclose it.

IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. PROPERTYBOSS SOLUTIONS, LLC AND/OR ITS SUBSIDIARIES (“PROPERTYBOSS”) IS WILLING TO LICENSE THE SOFTWARE TO YOU AS THE INDIVIDUAL, COMPANY, OR LEGAL ENTITY THAT WILL BE UTILIZING THE SOFTWARE (“YOU” OR “YOUR”) ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND PROPERTYBOSS. BY CLICKING THE “ACCEPT” OR “YES” BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

The software, its source code, documentation, and executable files (“the Software”) is the property of PropertyBoss or its licensors and is protected by copyright law. While PropertyBoss continues to own the Software, You will have certain rights to use the Software after You accept this Software License Agreement (“this Agreement”). This Agreement governs any releases, revisions, or enhancements to the Software that PropertyBoss may provide to You. PropertyBoss reserves the right to modify the terms of this Agreement at any moment, and without prior notification, in future releases of the Software.

This Agreement applies to all use of the Software including trial use, the single-user version, the multi-user version, special editions, and any updates or maintenance releases made to the Software. Do not use the Software until You have carefully read this Agreement that sets forth the terms and conditions for licensing of the Software from PropertyBoss to You. Installing the Software indicates that You have read and understand this Agreement and accept its terms and conditions. If you do not agree with this Agreement, promptly return the Software as specified in the PropertyBoss Refund Policy.

Trial Version License Agreement

You are granted a limited, non-exclusive license to use the Software for a 30-day trial period on a single computer. You may allow an unlimited number of other individuals/companies to install the trial version from the original distribution sent to You. You may purchase the right to use the Software based on the license terms as specified in this Agreement by contacting PropertyBoss or Your reseller.

Regular License for a Specified Number of Units

You are granted a limited, nonexclusive license to use the Software solely for Your own internal personal or business purposes on a single computer whether a standard computer or a workstation on a multi-user network. Your purchase price grants You the right to maintain a specific maximum number of units within the Software. You agree not to exceed the number of units You have purchased. You may purchase the right to maintain additional units at any time.

You may not: (a) distribute or enable others to use Your registration code(s) or serial number(s); (b) sublicense, rent, or lease any portion of the Software, reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code or the Software, or create derivative works form the Software; (c) use a previous version or copy of the Software after You have received and installed an upgraded version (all copies of the prior version must be destroyed); (d) use a later version of the Software than is provided unless You have the right to use such later version through a PASS agreement or separate purchase; nor (e) use the Software in any manner not authorized by this Agreement.

Limitations of Ownership

This Agreement does not grant You any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights, franchises or licenses with respect to the Software. Title to and ownership of the Software, any reproductions and any documentation of the Software, shall remain with PropertyBoss. You will not adapt or use any trademark or trade name which is likely to be similar to or confusing with that of PropertyBoss or take any other action which impairs or reduces the trademark rights of PropertyBoss.

The Software in its entirety is protected by the copyright laws. The Software also contains PropertyBoss trade secrets and You may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to human- perceivable form or disable any functionality which limits the use of the Software. You may not modify, adapt, translate, rent, sublicense, assign, loan, resell for profit, distribute digital media or related materials, or create derivative works based on the Software or any part thereof. You may not network the Software, unless You have purchased a license for the multi-user version.

Satisfaction Guaranteed

PropertyBoss strives to provide You with utmost satisfaction. The Software is available for a 30-day evaluation. You are encouraged to fully evaluate the Software prior to purchasing a software license.

If You are not 100% satisfied with the Software, the entire liability of PropertyBoss and Your exclusive remedy shall be return of the Software in accordance with the Refund Policy posted on the PropertyBoss website (propertyboss.com). PropertyBoss reserves the right to modify the Refund Policy at its discretion. Any such revision or change will be binding and effective immediately after posting of the revised Refund Policy on the PropertyBoss website.

Limited Warranty

EXCEPT AS PROVIDED ABOVE, THE SOFTWARE AND ANY RELATED SERVICES ARE PROVIDED “AS-IS,” AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROPERTYBOSS DISCLAIMS ALL OTHER REPRESENTATION AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE, DIGITAL MEDIA, RELATED MATERIALS AND ANY SERVICES, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, OR THEIR NON-INFRINGEMENT. PROPERTYBOSS DOES NOT WARRANT THAT THE SOFTWARE IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS NOR DOES PROPERTYBOSS WARRANT ACCESS TO THE INTERNET OR ANY OTHER SERVICE THROUGH THE SOFTWARE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF PURCHASE OF THE SOFTWARE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS AS WELL, WHICH VARY FROM STATE TO STATE.

Limitation Of Liability And Damages

THE ENTIRE LIABILITY OF PROPERTYBOSS AND ITS REPRESENTATIVES (AS DEFINED BELOW) FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE SOFTWARE AND RELATED SERVICES PURCHASED FROM PROPERTYBOSS OR ITS AUTHORIZED RESELLER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROPERTYBOSS AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS OR SUPPLIERS (“REPRESENTATIVES”) ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF PROPERTYBOSS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PROPERTYBOSS AND YOU. PROPERTYBOSS WOULD NOT BE ABLE TO HAVE PROVIDED THIS SOFTWARE OR SERVICES WITHOUT SUCH LIMITATIONS.

General

This Agreement is the entire agreement between You and PropertyBoss relating to the Software and (a) supersedes all prior or contemporaneous oral or written communications, proposals, and representations, and (b) prevails over any conflicting or additional terms of any quote, order, acknowledgement, or similar communications between the parties. This Agreement shall terminate upon Your breach of any term contained herein and You shall cease use of and destroy all copies of the Software. The limitations on warranty, liability, and damages shall survive termination. This Agreement shall be governed by the laws of the State of South Carolina.

Revised: 10/31/2006
Copyright © 2008 PropertyBoss Solutions, LLC All Rights Reserved.

PropertyBoss shall use all reasonable commercial efforts to ensure that PropertyHost services are available twenty-four (24) hours a day, seven (7) days a week, three hundred and sixty-five (365) days per year, and the level of availability shall be ninety-nine percent (99%) per month, excluding downtime and scheduled maintenance which shall be performed during non-peak hours. For any cumulative time periods exceeding this representation that PropertyHost Services are unavailable (“Down Time”) that impacts Client’s usage and is reported to PropertyHost within 24 hours, PropertyBoss will credit Client the amount of fees or charges owed by Client to PropertyBoss in an amount equal to that portion of the month attributable to the Down Time. Client shall be responsible for providing network and ISP connectivity to the PropertyHost server that will guarantee a minimum end-to-end bandwidth availability of 256kb or 100kb per Concurrent User, whichever is greater. Client shall also be responsible for ensuring that end-to-end latency is 150ms or less. End-to-end is defined as from the user’s desktop to PropertyHost’s routers. Client agrees to update to the most currently released version of PropertyHost at least once every six months.

THIS SERVICE LEVEL AGREEMENT DOES NOT APPLY TO ANY SERVICES(s) THAT EXPRESSLY EXCLUDE THIS SERVICE LEVEL AGREEMENT (AS STATED IN THE SPECIFICATION SHEETS FOR SUCH SERVICES) AND ANY PERFORMANCE ISSUES (1) CAUSED BY FACTORS OUTSIDE OF PROPERTYBOSS’S REASONABLE CONTROL; (2) THAT RESULTED FROM ANY ACTIONS OR INACTIONS OF CLIENT OR ANY THIRD PARTIES; OR (3) THAT RESULTED FROM CLIENT’S EQUIPMENT AND/OR THIRD PARTY EQUIPMENT (NOT WITHIN THE PRIMARY CONTROL OF PROPERTYBOSS). THIS SERVICE LEVEL AGREEMENT STATES CLIENT’S SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE BY PROPERTYBOSS TO PROVIDE SERVICE(s).

Revised: 10/31/2009
Copyright © 2009 PropertyBoss Solutions, LLC All Rights Reserved.

In an ongoing effort to provide reliable high-quality products and services, PropertyBoss periodically “Sunsets” (retires) older versions of its PropertyBoss products, thereby discontinuing live support and business services for those versions. Under this policy, the most current version of PropertyBoss, plus the prior version, will be supported, subject to certain exceptions. Sunsetting older versions of PropertyBoss allows us to direct resources on enhancing our products and providing support for more current versions used by the vast majority of PropertyBoss customers. The objective is a better customer experience.

When a PropertyBoss product is scheduled for retirement, PropertyBoss will provide affected customers with advance notice, generally by means of this website. We update this website regularly, so please visit us again for more information as it becomes available.

If you are currently using an older version of a PropertyBoss product, but want to continue receiving live technical support you will need to install and register a supported version of the PropertyBoss software.

Replacement CDs and manuals will only be on an as-available-basis for sunset versions of PropertyBoss products. PropertyBoss provides customer support regarding registration for sunset versions of PropertyBoss under our standard terms and conditions, if that data is available. However, PropertyBoss cannot assure that it will be able to register, provide registration codes, or offer data and password recovery for sunset versions of PropertyBoss. For these reasons, we strongly recommend that customers use supported versions of the software.

Terms, conditions, features, service options and pricing for support offerings and optional services are subject to change.

Revised: 10/31/2006
Copyright © 2008 PropertyBoss Solutions, LLC All Rights Reserved.

PropertyBoss.com is the official Web site of PropertyBoss Solutions. PropertyBoss Solutions provides its services to you subject to the following conditions. If you visit or use services provided on PropertyBoss.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future PropertyBoss service, you also will be subject to the guidelines and conditions applicable to such service.

Privacy

Please review our Privacy Policy, which also governs your visit to PropertyBoss.com, to understand our practices.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, data compilations, and software, is the property of PropertyBoss Solutions and protected by United States copyright laws. The compilation of all content on this site is the exclusive property of PropertyBoss Solutions and protected by U.S. copyright laws. All software used on this site is the property of PropertyBoss Solutions and protected by United States copyright laws.

Use of Hyperlinks

This site provides links for your convenience to web sites produced by other providers. We are not responsible for errors or omissions in that material, and do not necessarily approve of or endorse the information provided. Users who gain access to that material are subject to the copyright and other restrictions on use imposed by those providers.

Trademark

This site contains both registered and unregistered trademarks of PropertyBoss Solutions as well as other companies and associations which have granted PropertyBoss Solutions the right to display their marks at this site. These marks are protected by U.S. Trademark Laws.

Nothing on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the site, without the written permission of the Trademark owner.

Product Descriptions

PropertyBoss Solutions attempts to be as accurate as possible. However, PropertyBoss Solutions does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If after purchasing a product offered on PropertyBoss.com, you determine that the product is not as described, your sole remedy is to contact PropertyBoss Solutions for a refund.

Disclaimer of Warranties

Information is provided on this site as a service to the public and licensed users of PropertyBoss Solutions products. The materials in this site and any third-party sites that may be accessed from or linked to from this site are provided “as is” and without warranties of any kind.

Applicable Law

By visiting PropertyBoss.com, you agree that the laws of the state of South Carolina, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and PropertyBoss Solutions.

Revised: 10/31/2008
Copyright © 2008 PropertyBoss Solutions, LLC All Rights Reserved.