Buildium Resident Center Terms of Service

Last Updated: July 22, 2019

These Terms of Service (“Terms”) apply to all websites (the “Site” or “Sites”) including those Sites hosted on the domain “managebuilding.com” and mobile applications provided by Buildium LLC (“Buildium”, “we”, “us” or “our”) to provide information and selected functionality to interested parties (“User,” “Users” “you” or “your”) as provided on the Sites by Buildium (the “Buildium Services”) or as offered or provided by property managers, property owners or other third party service providers (the “Providers”) (the “Provider Services”).

PLEASE READ THESE TERMS OF SERVICE AND OUR PRIVACY POLICY (COLLECTIVELY, THE “AGREEMENT”) CAREFULLY BECAUSE THIS AGREEMENT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU AND BUILDIUM. IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE THE SITE. BY ACCESSING, DOWNLOADING OR USING THE SITE, YOU AGREE (1) TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE AT LEAST 18 YEARS OLD, (3) YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND (4) YOU ACCEPT THIS AGREEMENT.

Portions of this Site serve as a platform for Providers to provide the Provider Services. Buildium does not own or manage the properties listed on the Site and does not enter into rental contracts for those properties. Although the Site may lead to certain business transactions expressly agreed to between Buildium and Users, Buildium is not a party to any transactions between Users and Providers other than providing the Site. AS A RESULT, BUILDIUM SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR INFORMATION, THE CONTENTS OF ANY DOCUMENTS, OR FOR ANY OTHER INTERACTIONS BY, BETWEEN OR AMONG USERS AND PROVIDERS THROUGH THE SITE.

You are responsible for how you use the Site, and Buildium encourages anyone who accesses the Site, including Users, to exercise sound judgment when entering into transactions. IN THE EVENT THAT YOU HAVE A DISPUTE WITH A PROVIDER, YOU RELEASE BUILDIUM FROM ANY CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

  1. MODIFICATION OF THIS AGREEMENT.
    1. We may change, modify, add or remove portions of this Agreement (each, an “Update”) at any time and in our sole discretion without prior notice and such Updates will be effective immediately. If we make Updates to this Agreement, we will change the “Last Updated” date above. Your continued use of the Site will confirm your acceptance of the Update. We encourage you to frequently review this Agreement to ensure you understand the latest terms and conditions associated with use of the Site. If you do not agree to the Update, you must discontinue using the Site.
  2. OWNERSHIP; PROPRIETARY RIGHTS.
    1. You acknowledge and agree that the Site and the Buildium Services and Provider Services may use and contain content, information and proprietary and confidential technology owned by or licensed to Buildium, and protected by applicable intellectual property and other laws and international treaties (collectively, “Buildium Content”). The Buildium Content displayed on or through the Site and Buildium Services or Provider Services includes, without limitation, information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials is copyrighted by Buildium and its licensors under United States and international copyright laws. All rights reserved. You agree not to reproduce, copy, display, store, perform, re-post, publish, transmit, distribute, sell, offer for sale, license, modify, create derivative works, or otherwise use or exploit for any commercial purposes any or all of the Buildium Content, the Site or access to the Site in any way without the prior written permission of Buildium. All content on the Site that is not Buildium Content is the property and responsibility of other parties. You must abide by all copyright notices, information, or restrictions contained in or attached to any Buildium Content. All registered and unregistered marks used in connection with the Site and the Buildium or Provider Services (the “Buildium Marks”) are trademarks, trade names, or service marks of Buildium unless otherwise indicated. You are not authorized to use or display the Buildium Marks, without the prior express written permission of Buildium. Ownership of all Buildium Marks and the goodwill associated therewith remains with Buildium. All other trademarks are the property of their respective owners.
  3. GUIDELINES; USAGE RULES; PROHIBITED CONDUCT AND USES.
    1. YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU WILL NOT ENGAGE IN THE PROHIBITED CONDUCT AND USES LISTED BELOW (THE “GUIDELINES”). YOU WILL NOT:
      1. use the Site or any information displayed within the Site to stalk, harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect or store location or personal information about other Users;
      2. use the Site if you are under the age of eighteen (18) years old;
      3. use the Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data security and privacy, and import or export control;
      4. make unsolicited offers, advertisements, proposals, or send junk mail, to other Users of the Site. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures, surveying or requests to participate in surveys or studies;
      5. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Site accounts of other Users;
      6. misrepresent the source, identity or content of information transmitted via the Site;
      7. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on use of the Site;
      8. intentionally interfere with or damage operation of the Site or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, invalid data, keyloggers, spyware, Trojan horses, time bombs, or other malicious or harmful code, or imposing an unreasonable or disproportionately large load on our infrastructure;
      9. post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially, religiously or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, harmful to minors, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
      10. post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
      11. attempt to gain unauthorized access to the Site, or any part of it, other accounts, computer systems or networks connected to the Site, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
      12. hack, spam or phish Buildium or any Users of the Site; or
      13. hold Buildium responsible for your use of the Site.
        Please let us know about any inappropriate behavior that you become aware of within the Site. If you find something that violates this Agreement or these Guidelines, let us know by sending us an e-mail to ticketsupport@buildium.com. We reserve the right, in our sole and absolute discretion, to deny you or anyone access to the Site without notice.
  4. USAGE; CONTENT; REFUSAL OR SUSPENSION OF SERVICE.
    1. BUILDIUM RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO HAVE OUR SYSTEMS MONITOR ANY USER’S USE OF THE SITE. ACCORDINGLY, BUILDIUM ALSO RESERVES THE RIGHT TO DISABLE ANY USER’S USE OF OR ACCESS TO THE SITE.
    2. You alone are responsible for your involvement with other Users. You agree that Buildium will not be responsible for any loss or damage incurred as the result of any such interactions.
    3. Buildium has no responsibility or duty to review, approve or pre-screen any content posted on the Site by any third party (including property managers and owners and other Providers), and Buildium is not responsible for such content. You understand that all property listings, lease agreements, rental terms, postings, messages, text, voice commands, images, photos, files, video, and other information, materials or documents posted on the Site or transmitted through or in connection with the Provider Services, or other Users, advertisers, or others (the “Non-Buildium Content”) are the sole responsibility of the Providers, Users, advertisers, or others from whom such Non-Buildium Content originated. BUILDIUM DISCLAIMS ANY AND ALL LIABILITY RELATING TO THE USER CONTENT. BUILDIUM DOES NOT GUARANTEE, AND YOU SHALL NOT HOLD BUILDIUM RESPONSIBLE FOR, THE NON-BUILDIUM CONTENT (INCLUDING THE ACCURACY OR TRUTH OF SUCH NON-BUILDIUM CONTENT), OR THE NATURE, SAFETY, QUALITY, CONDITION, MANAGEMENT OF ANY RENTAL UNITS OR PROPERTIES ON THE SITE OR THE COMPLIANCE WITH ANY LAWS, REGULATIONS OR RULES THAT MAY BE APPLICABLE TO SUCH PROPERTIES. YOU AGREE THAT YOU BEAR SOLE RESPONSIBILITY FOR EVALUATING, AND ARE SOLELY RESPONSIBLE FOR ALL RISKS ASSOCIATED WITH, THE USE OF ANY NON-BUILDIUM CONTENT, AND THAT UNDER NO CIRCUMSTANCES WILL BUILDIUM BE LIABLE FOR ANY NON-BUILDIUM CONTENT OR FOR ANY DAMAGE OR LOSS OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY NON-BUILDIUM CONTENT.
    4. Buildium reserves the right, but does not have any obligation, in its sole discretion, to delete or refuse to post any Non-Buildium Content that violates the letter or spirit of any applicable agreements between Buildium and the Providers, Users, advertisers, or others posting or seeking to post any content, or for any other reason.
    5. You acknowledge and agree that Buildium provides only those Buildium Services as described in these Terms or as otherwise expressly provided on the Site by Buildium; Buildium does not provide, and bears no responsibility or liability for, any other content or Provider Services, including but not limited to the following:
      1. Any services provided by any Provider or otherwise not expressly provided by Buildium;
      2. Electronic payment services, renters insurance, call center functionality and other functionality or offerings provided by Providers;
      3. Lease transactions, including without limitation, negotiations, offers, agreements, establishing rents or fees, or any related communications (although the Buildium Services may facilitate these transactions between property managers and renters);
      4. Legal, brokerage or other related professional services or advice;
      5. Inspection, screening or pre-approval of rental properties;
      6. Verification, screening or pre-approval of property listings; or
      7. Evaluation, screening or pre-approval of property managers or other advertisers who post listings or other content on the Site. In the event that you desire, require, or need assistance with any such services or any other services not provided through the Site, you are solely responsible for obtaining them from a qualified third party.
  5. ADDITIONAL REQUIREMENTS
    1. Certain aspects of the Buildium Services may be subject to additional requirements, guidelines, other technical and non-technical specifications, or other rules or policies or additional terms of use or service of Buildium in addition to those set forth in these Terms (the “Buildium Requirements”). All such Buildium Requirements will be posted in appropriate locations on the Site and by this reference are incorporated into these Terms. In the event of a conflict between the Buildium Requirements and these Terms, the Buildium Requirements shall take precedence.
    2. In some cases, Providers may impose their own additional requirements on Users in connection with transactions and activities facilitated through the Site, including those which are rent-related. Any such requirements are imposed solely by the Providers; are the sole and exclusive responsibility of the Providers imposing them; are wholly unrelated to any Buildium Requirements; and Buildium shall have no responsibility of any kind for such requirements imposed by Providers.
  6. ACCOUNT REGISTRATION AND USE
    1. In order to use certain features of the Site or the Buildium or Provider Services including any ability to, lease agreements, rental terms, postings, messages, text, voice commands, images, photos, files, video, and other information, materials or documents, if any (collectively, “Information and Material”), have been invited by the owner or property manager of your building, or their agents, (the “Property Manager”) to register and create a password-protected account (“Your Account”).
    2. Under limited circumstances, your Property Manager and their agents that are authorized by Buildium to have access to the Provider Services may access Your Account with your permission, to assist you with certain account activities at your direction. Such activities may include populating account information, and setting up payment functionality within your account. Should you ever have any questions about such access, or observe any account changes or activity you have not authorized, please contact Buildium as soon as possible.
    3. Your Account. You agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. Buildium reserves the right to delete Your Account and refuse any and all current or future use of the Site (or any portion thereof) without notice if you are found to have misrepresented your age, identity, or any other information submitted in connection with Your Account or if Buildium has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current. You are responsible for maintaining the confidentiality of your password, your email address and Your Account, and are fully responsible for all activities you perform in Your Account. You agree to: (i) immediately notify Buildium of any unauthorized use of Your Account or password, or any other breach of security, (ii) immediately change your password if you become aware that Your Account has been compromised, (iii) ensure that you fully exit from Your Account at the end of each session. You agree and acknowledge that you will only allow your Property Manager with access to the Provider Services granted by Buildium to utilize Your Account and that you will not disclose your password to anyone. You will be solely responsible for safeguarding your password and also for any actions you in your Account. If you lose control of your password, you may lose substantial control of your personal information and could potentially be subject to legally binding actions taken on your behalf. You further agree not to use anyone else’s password on the Site or attempt to gain access to the account of any other user, unless legally authorized to do so by Buildium or the said user. BUILDIUM CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
    4. Privacy Policy and Your Information and Material. By submitting Information and Materials and in order for Buildium to provide or allow you access to the Buildium or Provider Services, you hereby consent to Buildium’s use and sharing of your Information and Materials as described in the applicable Privacy Policy, which is incorporated into these Terms by this reference. The Privacy Policy can be accessed by clicking on the “Privacy Policy” link located on webpages throughout the Site. In the event of a conflict between the applicable Privacy Policy and these Terms, the Privacy Policy shall take precedence. In addition, you hereby represent and warrant that your Information and Materials: (a) do not and will not, directly or indirectly, violate, infringe or breach any duty toward or rights of any person or entity, including without limitation any Fair Housing, copyright, trademark, service mark, trade secret, other intellectual property, publicity or privacy right; (b) are not fraudulent, misleading, hateful, tortious, defamatory, slanderous, libelous, abusive, violent, threatening, profane, vulgar or obscene; (c) do not harass others, promote bigotry, racism, hatred or harm against any individual or group, promote discrimination based on race, sex, religion, nationality, sexual orientation or age, or otherwise interfere with another party’s use of the Site or the Buildium or Provider Services; (d) do not promote illegal or harmful activities; and (e) are not illegal, unlawful or contrary to the international, national, federal, state, provincial, or local laws or regulations applicable to the User Materials where created, displayed or accessed.
    5. Communications. Although Buildium provides a platform that allows access to certain Provider Services through which Users may communicate with various other Providers, advertisers, or other persons or entities (collectively, a “Third-Party”) (the “Communications”), Buildium is not involved in those Third-Party Communications and is not responsible or liable under any circumstances for the content of any Third-Party Communications, or for any absence of Communications by a Third-Party. The content of such Third-Party Communications are determined solely by the Third-Party responsible for the Communications, and not Buildium. Buildium is only responsible for the content of information issued directly by Buildium. You acknowledge and agree that you will address any issues or concerns about Third-Party Communications with the responsible Third-Party by contacting said Third-Party directly and not Buildium. Buildium shall not become involved in any matters pertaining to Third-Party Communications except where the issue is solely attributable to a malfunction or error occurring on the Site or in connection with the Buildium Services.
    6. Renter Screening. As part of the Buildium Services, Users may be permitted to submit information through the Site for the purpose of conducting a User background check or screening on behalf of a property manager or owner (a “Screening”). Information that you submit through the Site for the purpose of such Screening shall be treated in accordance with the Privacy Policy. Your submission of the information requested for a Screening shall constitute your consent to the Screening process. Screenings also may be governed by other Buildium Requirements as may be disclosed to you in connection with the Screening. You acknowledge that you will address any issues or concerns with any Screenings, including the results of any Screenings, by contacting the appropriate property manager or owner, or as otherwise permitted under the Buildium Requirements applicable to the Screening or as otherwise required by law. Buildium shall not become involved in Screening related issues except where the issue is solely attributable to a malfunction or error occurring on the Site or in connection with the Buildium Services or as otherwise specified in the Buildium Requirements applicable to the Screening or as otherwise required by law.
    7. Payments. Except as expressly provided below, any payments you submit through the Site including rental deposits, rental payments, or any other services or transactions, are for services provided by a Provider or a party other than Buildium. The total payment amounts required for those transactions are determined solely by you and any other party with whom you are entering into an agreement, and not by Buildium. You acknowledge that you will address any discrepancies, issues or concerns with such payments by contacting the other party directly, rather than Buildium. Buildium shall not be involved in such issues except where the issue is solely attributable to a malfunction or error occurring on the Site or in connection with the Buildium Services. However, Users may take advantage of certain Buildium Services or Provider Services that have a charge associated with them, if available, such as screening services, lease execution fees, and the like, that is imposed by Buildium or other third-party, which may or may not be a subsidiary or affiliate of Buildium. Buildium or such other company may collect these fees directly from Users as provided by the Site or the Buildium or Provider Services. You acknowledge these fees are subject to change. Terms specific to Buildium or Provider Services may set out further terms applying to such payments (including in relation to refunds (if any), billing arrangements and any consequences of failing to make timely payments). Application fees are non-refundable, even if an application is denied, except to the extent otherwise required by applicable law. You must comply with all such terms in relation to such payments by you.
    8. Rental Agreements. Any rental agreements that you enter into through the Site, where supported and available, (including but not limited to those agreements for which you electronically sign a lease or rental agreement) are for services provided by a Provider or another party other than Buildium. Although Buildium provides the Site as a platform for Provider Services through which Users may execute rental or lease agreements and enter into binding contracts with third parties, Buildium is not involved in, is not liable for, and is not a party to those transactions. The terms of those transactions are determined solely by you and the Third-Party with whom you are entering into said contract, and not by Buildium. You acknowledge that you will address any issues or concerns with such agreements with said Third-Parties directly, rather than Buildium. Buildium shall not be involved in any issues relating to such agreements except where the issue is solely attributable to a malfunction or error occurring on the Site or in connection with the Buildium Services. If you choose to use the electronic signature execution functionality of the Site, where offered, you understand, acknowledge and agree that you have carefully reviewed the disclosure relating to use of your electronic signature to execute documents and will not execute such documents with your electronic signature without providing your consent to use your electronic signature. You agree that you will rely on your own legal counsel to determine the sufficiency of the electronic signature execution of the documents and their enforceability and that Buildium makes no warranty or other representation with respect to the sufficiency of the electronic signature execution of the documents under applicable international, national, federal, state, provincial or local laws or regulations.
    9. Renters’ Insurance or Other Offerings. Buildium may choose to change the Buildium Services that it offers through the Sites at any time, or the Provider Services that are offered. This may include adding additional offerings, including additional functionality, or reducing the same. For example, Renters’ insurance may be offered, as either a Buildium Service or a Provider Service, denoted on the Sites.
  7. Interactive Areas
    1. Use of Interactive Areas. On the Site and/or as part of the Buildium or Provider Services, Buildium may provide areas that allow for User interaction, including bulletin boards, chat areas, forums, blogs, instant messaging, frequently asked questions, or other message and communications features (the “Interactive Areas”) for posting user feedback, comments, messages or other input (“Comments”). You acknowledge that all Interactive Areas are public and not private and that any information or content, including Information and Material, that you post to an Interactive Area may be read by others and that Buildium has no obligation to protect such information. Buildium recommends that you do not post or otherwise disseminate any personally identifiable information in the Interactive Area. Additionally, you agree to post only Comments that are proper, lawful, and related to the particular discussion or the Interactive Area itself. Without limitation, you may not post Comments or engage in any other activity on the Site that:
      1. defames, threatens, abuses or otherwise violates the legal rights of others;
      2. is harmful to children, profane, obscene, indecent or racially or ethnically offensive;
      3. infringes another’s rights to intellectual property, publicity, or privacy;
      4. collects or stores personal information about other Site users;
      5. contains advertisements, promotions, commercial solicitations, contests or surveys (unless you have our written consent to do so);
      6. contains, transmits or disseminates spam, chain letters, or information intended to assist in the placement of a bet or wager;
      7. contains, transmits or disseminates viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another’s computer, the Site, or any software, hardware or other related equipment;
      8. disrupts or otherwise interferes with the Site or the networks or servers used by Buildium;
      9. impersonates any person or entity or misrepresent your connection or affiliation with a person or entity; or
      10. constitutes illegal activity.
    2. Submissions to Interactive Areas. You understand and acknowledge that, subject and pursuant to the licenses set forth hereunder, Buildium may display your Comments on the Site and use them for other marketing and business activities. In addition, Buildium reserves the right in its sole discretion to reject use of Comments, delete Comments from the Site for any reason, and edit Comments for both content and format. Buildium further reserves the right to terminate your access to the Site or to any Interactive Area at any time without notice for any reason whatsoever. Buildium does not endorse or control the Comments or information found in any Interactive Area and, therefore, Buildium specifically disclaims any liability with regard to the Interactive Areas and any actions resulting from your participation in them.
  8. THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS.
    1. The Site may include links to other websites or services (“Third Party Websites”) solely as a convenience to Users. Buildium does not endorse any such Third Party Websites or the information, material, products or services contained on other linked sites or accessible through other Third Party Websites. Furthermore, Buildium makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through Third Party Websites. Access and use of Third Party Websites, including information, material, products and services on Third Party Websites or available through Third Party Websites is solely at your own risk.
  9. USER RESTRICTIONS
    1. Restrictions. You may not: (i) modify, disassemble, decompile or reverse engineer the Site; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Site to any third party or use the Site to provide time sharing or similar services for any third party; (iii) make any copies of the Site; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on use of the Site; or (v) delete the copyright and other proprietary rights notices on the Site.
  10. VIOLATIONS; TERMINATION.
    1. You agree that Buildium, if in the good faith belief that you have violated any of the terms and conditions of this Agreement, may terminate your use of the Site or any portion thereof at any time. You agree that any termination of your access to the Site may have or portion thereof may be effected without prior notice, and you agree that Buildium will not be liable to you or any third-party for any such termination. Buildium does not permit copyright infringing activities on the Site, and reserves the right to terminate access to the Site, and remove all content submitted by any persons who are found to be infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Buildium may have at law or in equity.
  11. DISCLAIMERS; NO WARRANTIES.
    1. THE SITE IS MADE AVAILABLE “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. BUILDIUM, AND ITS SUPPLIERS, LICENSORS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
    2. BUILDIUM AND ITS SUPPLIERS, LICENSORS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
    3. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
  12. INDEMNIFICATION; HOLD HARMLESS.
    1. You agree to indemnify, defend, and hold Buildium (and its affiliated companies, contractors, employees, director, officers, agents, and suppliers, licensors and partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, brought by a third party arising out of or related to (i) your use or misuse of the Site generally; (ii) any violation of the rights of any other person or entity by you; or (iii) any breach or violation by you of this Agreement. Buildium reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
  13. LIMITATION OF LIABILITY AND DAMAGES.
    1. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL BUILDIUM (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS OR SUPPLIERS) BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, EVEN IF BUILDIUM OR AN BUILDIUM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 13 WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
    2. IN NO EVENT SHALL BUILDIUM’S (OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, DIRECTORS, OFFICERS, AGENTS’, SUPPLIERS’, OR THIRD-PARTY PARTNERS’, LICENSORS’ OR SUPPLIERS’) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY OR OTHERWISE) EXCEED FIFTY U.S. DOLLARS.
    3. APPLICABLE LAW IN YOUR STATE MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BUILDIUM’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR STATE.
  14. BENEFIT OF THE BARGAIN.
    1. YOU ACKNOWLEDGE AND AGREE THAT BUILDIUM HAS OFFERED THE SITE ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH ABOVE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND BUILDIUM, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND BUILDIUM. BUILDIUM WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.
  15. RELEASE.
    1. You hereby release and forever discharge us (and our directors, officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to: (i) any interactions with, or act or omission of the Site; or (ii) any third party site, products, services, and links included on or accessed through the Site. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
  16. MISCELLANEOUS.
    1. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Massachusetts, without giving effect to any principles of conflicts of law.
    2. Jurisdiction. Except as set forth below, you agree that any action at law or in equity arising out of or relating to this Agreement or the Site shall be filed only in the state or federal courts in and for Boston, Massachusetts and you hereby consent and submit exclusively to the personal jurisdiction of such courts for the purposes of litigating any such action. Nothing in this Agreement shall prevent Buildium from seeking injunctive relief in a court of competent jurisdiction.
    3. Arbitration.
      1. If a dispute arises between you and Buildium, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that you will notify us about any dispute you have with Buildium regarding the Site by emailing Legal@buildium.com, Subject: Arbitration.
      2. You and Buildium agree that we will resolve any claim or controversy at law or equity that arises out of or relates to this Agreement or the Site (a “claim”) in accordance with this Section 16. Notwithstanding anything to the contrary, for any claim where the total amount of the award sought is less than $10,000 USD, the party requesting relief may choose to resolve the dispute through binding non-appearance-based arbitration in accordance with the following: (a) the arbitration will be provided through a nationally-recognized alternative dispute resolution provider mutually agreed upon by the parties; (b) the arbitration will be conducted in one or more of the following manners at the option of the party initiating arbitration: telephone, online, or written submissions; (c) the arbitration will not involve any personal appearances by the parties or witnesses unless otherwise agreed by the parties; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
      3. All claims between you and Buildium must be resolved in accordance with this Section 16. All claims filed or brought contrary to this Section 16 shall be considered improperly filed.
    4. Severability, Waiver. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
    5. Notices. Buildium may provide you with notices, including those regarding changes to this Agreement, by email, regular mail or postings on the Site. You must provide notice to Buildium by email or regular mail using the information in Section 16 below.
    6. Assignment. This Agreement (including the Guidelines), and any rights and licenses granted hereunder, may not be transferred or assigned by you. Buildium may at any time, for any reason and without restriction, transfer or assign this Agreement and the obligations contained in this Agreement to a third party. You hereby acknowledge and agree that if another company acquires Buildium or substantially all of our assets (by sale, merger, or otherwise), that transaction may include a sale or transfer of your Personal Information as defined by our privacy policy available at https://www.buildium.com/privacy-policy/ and you agree to such transfer without further action or confirmation.
    7. Survival. Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification, as well as any other provisions which by their nature are intended to survive expiration or termination of this Agreement, do and hereby survive any expiration or termination of this Agreement or any termination of your use of access to the Site.
    8. Headings; Entire Agreement. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof. The word “including” means “including without limitation”. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both you and Buildium, or by a change to this Agreement or the Guidelines.
    9. Claims. YOU AND BUILDIUM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
  17. CONTACT INFORMATION.
    1. Buildium welcomes your comments or questions regarding these Terms of Service. Please contact us by using the following information:
      Mailing Address:
      Attn Legal
      Buildium, LLC
      3 Center Plaza, Suite 400
      Boston, MA 02108
      Email:
      Legal@buildium.com

 

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