TERMS AND CONDITIONS OF USE
Last updated August 13th, 2020
1. AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an
entity (“you”) and Apartment Owners Association of California, Inc., doing business as Property Manager Cloud
("Property Manager Cloud", “we”, “us”, or “our”), concerning your access to and use of the
https://propertymanagercloud.com/ website as well as any other media form, media channel, mobile website or mobile
application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the
Site, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH
ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU
MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby
expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or
modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating
the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to,
and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by
your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction
or country where such distribution or use would be contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site
from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the
extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act
(HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to
such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley
Act (GLBA).
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or
register for the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software,
website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the
trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us,
and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition
laws of the United States, international copyright laws, and international conventions. The Content and the Marks are
provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms
of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded,
posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to
download or print a copy of any portion of the Content to which you have properly gained access solely for your
personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and
the Marks.
3. USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate,
current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration
information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you
are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human
means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose;
and (7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
4. USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for
all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we
determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. FEES AND PAYMENT
We accept the following forms of payment:
- Paypal
You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete,
and accurate purchase and account information for all purchases made via the Site. You further agree to promptly
update account and payment information, including email address, payment method, and payment card expiration
date, so that we can complete your transactions and contact you as needed. We bill you through an online billing
account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us.
We may change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge
your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to
recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your
prior approval for each recurring charge, until you notify us of your cancellation.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received
payment. We also reserve the right to refuse any order placed through the Site.
6. FREE TRIAL
We offer a 30-day free trial to new users who register with the Site. The account will be charged according to the
user’s chosen subscription at the end of the free trial.
7. CANCELLATION
All purchases are non-refundable. You can cancel your subscription at any time by logging into your account or
contacting us using the contact information provided below. Your cancellation will take effect at the end of the current
paid term.
If you are unsatisfied with our services, please email us at help@propertymanagercloud.com or call us at (888)403-
2076.
8. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site
may not be used in connection with any commercial endeavors except those that are specifically endorsed or
approved by us.
As a user of the Site, you agree not to:
8.1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a
collection, compilation, database, or directory without written permission from us.
8.2. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users
by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by
automated means or under false pretenses.
8.3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features
that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the
Content contained therein.
8.4. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account
information such as user passwords.
8.5. Make improper use of our support services or submit false reports of abuse or misconduct.
8.6. Engage in any automated use of the system, such as using scripts to send comments or messages, or
using any data mining, robots, or similar data gathering and extraction tools.
8.7. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the
Site.
8.8. Attempt to impersonate another user or person or use the username of another user.
8.9. Use any information obtained from the Site in order to harass, abuse, or harm another person.
8.10. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any
revenue-generating endeavor or commercial enterprise.
8.11. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way
making up a part of the Site.
8.12. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any
portion of the Site.
8.13. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion
of the Site to you.
8.14. Delete the copyright or other proprietary rights notice from any Content.
8.15. Copy or adapt the Site’s software, including but not limited to Flash, Perl, PHP, HTML, JavaScript, or
other code.
8.16. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material,
including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes
with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes
with the use, features, functions, operation, or maintenance of the Site.
8.17. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active
information collection or transmission mechanism, including without limitation, clear graphics interchange
formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or
“passive collection mechanisms” or “pcms”).
8.18. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop,
or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or
offline reader that accesses the Site, or using or launching any unauthorized script or other software.
8.19. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
8.20. Use the Site in a manner inconsistent with any applicable laws or regulations.
9. USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit,
post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including
but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information
or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through
third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy
Policy. When you create or make available any Contributions, you thereby represent and warrant that:
9.1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading,
or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to
the copyright, patent, trademark, trade secret, or moral rights of any third party.
9.2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and
permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any
manner contemplated by the Site and these Terms of Use.
9.3. You have the written consent, release, and/or permission of each and every identifiable individual person
in your Contributions to use the name or likeness of each and every such identifiable individual person to
enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of
Use.
9.4. Your Contributions are not false, inaccurate, or misleading.
9.5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid
schemes, chain letters, spam, mass mailings, or other forms of solicitation.
9.6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or
otherwise objectionable (as determined by us).
9.7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
9.8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or
threaten physical harm against another.
9.9. Your Contributions do not violate any applicable law, regulation, or rule.
9.10. Your Contributions do not violate the privacy or publicity rights of any third party.
9.11. Your Contributions do not contain any material that solicits personal information from anyone under the
age of 18 or exploits people under the age of 18 in a sexual or violent manner.
9.12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise
intended to protect the health or well-being of minors.
9.13. Your Contributions do not include any offensive comments that are connected to race, national origin,
gender, sexual preference, or physical handicap.
9.14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these
Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things,
termination or suspension of your rights to use the Site.
10. CONTRIBUTION LICENSE
You and the Site agree that we may access, store, process, and use any information and personal data that you
provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback
for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any
statements or representations in your Contributions provided by you in any area on the Site. You are solely
responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility
and to refrain from any legal action against us regarding your Contributions.
11. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information
regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We
shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and
dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any
such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall
be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your
Submissions.
12. THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as
articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and
other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites
and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness
by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content
posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does
not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites
or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use
no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices,
of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any
purchases you make through Third-Party Websites will be through other websites and from other companies, and we
take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable
third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party
Websites and you shall hold us harmless from any harm caused by your purchase of such products or services.
Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or
resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
13. ADVERTISERS
We do not allow advertisers to display their advertisements or other information in any area of the Site. Should we
allow advertisers in the future, these Terms of Use will be updated accordingly.
14. U.S. GOVERNMENT RIGHTS
Our services are “commercial items” as defined in Federal Acquisition Regulation (“FAR”) 2.101. If our services are
acquired by or on behalf of any agency not within the Department of Defense (“DOD”), our services are subject to the
terms of these Terms of Use in accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical
data). If our services are acquired by or on behalf of any agency within the Department of Defense, our services are
subject to the terms of these Terms of Use in accordance with Defense Federal Acquisition Regulation (“DFARS”)
227.7202-3. In addition, DFARS 252.227-7015 applies to technical data acquired by the DOD. This U.S. Government
Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses
government rights in computer software or technical data under these Terms of Use.
15. SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take
appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including
without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation,
refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from
the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our
systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate
the proper functioning of the Site.
16. PRIVACY POLICY
We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the
Site, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you
access the Site from any other region of the world with laws or other requirements governing personal data collection,
use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you
are transferring your data to the United States, and you agree to have your data transferred to and processed in the
United States.
17. TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER
PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND
WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN
IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT
LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE
TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU
POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new
account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on
behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate
legal action, including without limitation pursuing civil, criminal, and injunctive redress.
18. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole
discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the
right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third
party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems
or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to
change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice
to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability
to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be
construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in
connection therewith.
19. GOVERNING LAW
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State
of California applicable to agreements made and to be entirely performed within the State of California, without regard
to its conflict of law principles.
20.1. Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a
"Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the
“Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below)
informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written
notice from one Party to the other Party.
20.2. Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes
expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT
WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The
arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration
Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes
("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your
share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by
the AAA Consumer Rules. If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration
fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or
online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by
either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Los
Angeles, California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay
proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the
arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in
the state and federal courts located in Los Angeles, California, and the Parties hereby consent to, and waive all
defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state
and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and
the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1)
years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will
elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such
Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the
Parties agree to submit to the personal jurisdiction of that court.
20.3. Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any
Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or
authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any
other persons.
20.4. Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations
and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the
intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of
privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to
be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts
listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
21. CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
22. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE
AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE
CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE
BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED
BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR
IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRDPARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
23. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING
FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO
YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES
BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO
ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
24. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective
officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2)
breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use;
(4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt
harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we
reserve 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, at your expense, with our defense of such claims. We will use
reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon
becoming aware of it.
25. USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as
well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely
responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree
that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of
action against us arising from any such loss or corruption of such data.
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to
receive electronic communications, and you agree that all agreements, notices, disclosures, and other
communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS
OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an
original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any
means other than electronic means.
27. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
28. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the
entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of
these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest
extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and
enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship
created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use
will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may
have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these
Terms of Use.
We will never sell or distribute your personally-identifiable information without your permission.
29. CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please
contact us at:
Property Manager Cloud
c/o Apartment Owners Association of California, Inc.
6445 Sepulveda Blvd
Suite #300
Van Nuys, CA 91411
United States
Phone: (888) 403-2076
Fax: (818) 988-5921
help@propertymanagercloud.com