TERMS OF SERVICE
Last Updated: September 27th, 2019
All information you provide to us in connection with your use of the Portal will be true, correct and complete. You agree not to misrepresent (lie) about your identity or your authority to use certain features within the Portal, including designating bank accounts to receive payments.
We may suspend or terminate your access to the Portal if we suspect you have engaged in any misconduct or if you violate these Terms of Service, in each case as determined in our sole discretion.
3. e-Notices and System Requirements. As a condition to your use of the Portal, you agree to accept all notices, communications, disclosures, and records in electronic form related to your use of the Portal (“e-Notices”). To receive e-Notices you warrant (promise) that you have the following system requirements, which are required to access, view, download, and retain e-Notices:
i. A computer or mobile device with Internet or mobile connectivity.
ii. For website-based use of the Portal, up-to-date Internet browsers, such as Internet Explorer 10.x or higher, Safari 3.2x or higher, Firefox 32.x or higher and Chrome 38.x or higher, Mac OSX Safari 5 or higher, Safari for iOS6 or higher, Chrome for iOS, and Chrome for Android. The browser must have cookies enabled.
iii. For application-based use of the Portal, a mobile phone operating system that supports text messaging, downloads, and applications from the Apple App Store or Google Play Store.
iv. Access to the email address associated with the Portal.
v. Sufficient storage space to save e-Notices and/or a printer to print them.
vi. If you use a spam filter that blocks emails for domains, you must whitelist the domain “mailer.appfolio.us” to your address book.
You may withdraw consent to receive e-Notices by contacting the property manager you are working with or emailing us at email@example.com. A withdrawal of consent to receive e-Notices will result in the termination of our relationship with you, including your right to access and use the Portal.
We will send e-Notices to the address you identified when registering for the Portal. If your email address changes or becomes disabled, you must notify us immediately by updating your email address in the Portal. You understand and agree we may send e-Notices to your designated email address whether or not that address includes a designation for delivery to the attention of any particular person and whether or not anyone other than you is able to access and/or read emails sent to your designated email address.
4. You understand that by accessing and using the Portal you may create, receive, or have access to information that (a) can be used to identify an individual (including, without limitation, names, addresses, telephone numbers, email addresses, and other unique identifiers); or (b) can be used to authenticate an individual (including, without limitation, government-issued identification numbers, passwords or PINs, and other personal identifiers) (collectively “Personal Information”). You agree that you will:
iii. use and disclose Personal Information solely and exclusively for the purposes for which the Personal Information, or access to it, is provided via the Portal, and not use, sell, rent, transfer, distribute, or otherwise disclose or make available Personal Information for your own purpose; and
iv. not, directly or indirectly, disclose Personal Information to any person other than your employees, contractors, agents, and service providers who have a need to know or otherwise access Personal Information for the use it is being provided to you via the Portal, unless and to the extent required by applicable government authorities or as otherwise, to the extent expressly required, by applicable law.
You are responsible for protecting your account within the Portal. You will not provide any other person with access to the Portal using your login credentials and will keep such credentials confidential. You are responsible for the activity that happens on your account within the Portal. If you learn of any unauthorized use of your account within the Portal notify us immediately at: firstname.lastname@example.org.
8. Intellectual Property RightsThe Portal is our intellectual property. Using the Portal does not give you any ownership rights therein or to any branding or trademarks that appear within the Portal, which you may not use. You may not obscure, remove, or alter any part of the Portal, including any legal notices.
The Portal may contain some content and data that is not ours. For example, the portal may contain content and data of the property manager you are working with or our third party partners that assist us in providing the services found in the Portal. Such content is the sole responsibility of the person that owns such content or data. You shall acquire no ownership rights in or to such content and data.
9. As-Is; Disclaimer of Warranties. We take pride in the Portal and have developed it thoughtfully and, in our opinion, with reasonable skill; however, we make no commitments with respect to your use of the Portal or its performance. More specifically:
YOUR USE OF THE PORTAL IS AT YOUR OWN RISK AND IS ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NIETHER US NOR ANY PERSON ASSOCIATED WITH US MAKES ANY COMMITMENT OR PROMISE WITH RESPECT TO THE SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PORTAL, OR THAT YOUR USE OF THE PORTAL WILL NOT RESULT IN EXPSOURE TO VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PORTAL OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PORTAL WILL OTHERWISE MEET YOUR NEEDS.
EXCEPT FOR ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PORTAL, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
10. Limitation on Liability. EXCEPT IN CONNECTION WITH YOUR INDEMNIFICATION OBLIGATIONS HEREUDER, EACH OF OUR LIABILITY UNDER THESE TERMS OF SERVICE WILL BE LIMITED AS FOLLOWS:
TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER PARTY WILL BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR USE OF THE PROTAL. IN ALL CASES NEITHER PARTY WILL BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
TO THE EXTENT PERMITTED BY LAW, EACH PARTY’S TOTAL LIABILITY TO THE OTHER FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR USE OF THE PROTAL, INCLUDING FOR ANY IMPLIED WARRANTIES (WHICH CAN NOT BE LIMITED OR EXCLUDED), IS LIMITED TO $5,000.
11. Indemnification. You agree to defend, indemnify and hold harmless us and our affiliates, licensors, and third party partners, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Portal.
You will not be responsible for defending, indemnifying or holding us harmless from any claims, liabilities, damages, costs or expenses caused solely by or solely arising out of the gross negligence or intentional misconduct of AppFolio, its agents, officers, employees or affiliates.
12. Arbitration Agreement. In the unlikely event there is a dispute between you and us related to the Portal or these Terms of Service, this Section provides for how that dispute will be resolved.
PLEASE READ THIS SECTION CAREFULLY. IT PROVIDES THAT ANY DISPUTE RELATING TO THE PORTAL OR THESE TERMS OF SERVICE SHALL BE RESOLVED BY BINDING ARBITRATION. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE DISPUTES IN COURT, OR TO HAVE A JURY TRIAL ON THE DISPUTES.
ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. THIS MEANS THAT ALL PARTIES TO THE ARBITRATION ARE PROHIBITED FROM JOINING OR CONSOLIDATING DISPUTES IN ARBITRATION BY OR AGAINST OTHERS AND ARE PROHIBITED FROM ARBITRATING ANY DISPUTES AS A REPRESENTATIVE OR MEMBER OF A CLASS. PRE-HEARING DISCOVERY RIGHTS AND POST-HEARING APPEAL RIGHTS WILL BE LIMITED.
Any dispute, claim or controversy (each a “Dispute”) arising out of or relating to the Portal or these Terms of Service and involving you and us will be resolved exclusively by binding arbitration. You acknowledge and agree that you (and us too) are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. However, you (and us too) retain the right to injunctive relief in a court of competent jurisdiction.
If you intend to seek arbitration, you must send us a written notice (“Notice of Dispute”) via courier or certified or registered mail. The Notice of Dispute must be sent to AppFolio, Inc. 50 Castilian Dr., Goleta, CA 93117, Attn: Chief Legal Officer. The Notice of Dispute shall describe the nature and basis of the dispute and the specific relief sought. If the parties cannot reach an agreement to resolve the dispute within thirty (30) days after the Notice of Dispute is received, either party may commence arbitration.
The arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures then in effect, except as modified by the terms of this arbitration provision. The arbitration will take place before one arbitrator, who shall be mutually selected by the parties. If the parties cannot agree on an arbitrator, the arbitrator will be appointed according to JAMS procedures.
Each party will be responsible for its own attorney fees and costs, unless awarded by the arbitrator under applicable law. The party that initiates the arbitration will pay the filing fee (unless otherwise dictated by JAMS due to a finding of hardship). We will advance all other administration, case management, and arbitrator fees associated with the arbitration, through payment directly to JAMS. At the end of the arbitration, the fees paid by us may be allocated between you and us at the direction of the arbitrator in compliance with JAMS procedures.
All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Any decision of the arbitrator shall be final. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude your or us from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Your and our liability is limited as described in these Terms of Service, to the fullest extent permitted by applicable law. The arbitrator cannot award punitive or exemplary damages (except as may be required by statute), any pre-award interest, or incidental, indirect or consequential damages, including damages for lost profits, or harm suffered by third parties.
If any clause within this arbitration provision is found to be illegal or unenforceable, that clause will be severed from this arbitration provision, and the remaining terms will be given full force and effect.
13. Governing Law; Jurisdiction. All claims arising out of or relating to the Portal or these Terms or the Services will be arbitrated in Santa Barbara County, California, USA (or if injunctive relief is sought or entry of any judgment relating to an arbitration award, the state courts in Santa Barbara, California or federal courts located in the Central District of California). You consent to such personal jurisdiction, and we do too.
14. Provisions About These Terms of Service.
If you do not comply with these Terms of Service and we do not take action right away, it shall not be deemed a continuing or further waiver of your failure to comply. Likewise, our failure to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If it turns out that a particular provision or part of these Terms of Service is not enforceable, it will not affect any other terms.
These Terms of Service control the relationship between us and you. They do not create any third party beneficiary rights.
15. Trademark Attribution.
Apple, the Apple logo, iPhone, and iPad are trademarks of Apple Inc., registered in the U.S. and other countries and regions. App Store is a service mark of Apple Inc.
Google Play and the Google Play logo are trademarks of Google LLC.
16. Copyright Infringement Claims and the DMCA. We respect the intellectual property rights of others, and ask that you do the same. If you believe that your work has been reproduced within the Portal, or any other of our products or services, in a way that constitutes copyright infringement, you may notify our Copyright Agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information: (i) identification of the copyrighted work that you claim has been infringed; (ii) identification of the material that you claim is infringing and needs to be removed from the Services, including a description of where it is located on the Services so that the Copyright Agent can locate it; (iii) your address, telephone number and, if available, email address, so that the Copyright Agent may contact you about your complaint; and (iv) a signed statement (a) that the foregoing information is accurate, (b) that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent and/or the law, and (c) under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Notices of copyright infringement and the foregoing information should be sent to email@example.com, or, if by mail, to AppFolio, Inc., 50 Castilian Drive, Santa Barbara, California 93117, Attn: Copyright Agent.