Welcome to BoardPackager! This document (“Terms”) governs your use of our website, technology and services (“System”). Your agreement to these Terms is with Digital Packager Corp. (“Digital Packager”). By using the System, you agree to be bound by these Terms and any additional policies located at https://www.boardpackager.com/about/legal.
The System allows you to share Your Content with third parties. You remain responsible for the use and misuse of Your Content shared through the System. You may use the System only as permitted by applicable law. Digital Packager is not responsible for: 1) your use of Your Content through the System; 2) the accuracy of any information contained in Your Content, and 3) any resulting decisions of persons or bodies reviewing Your Content on the System. c. YOU MAY NOT SELL, OFFER FOR SALE, OFFER AT AUCTIONS, RESELL, DONATE, ACT AS COMMERCIAL AGENT FOR ANOTHER PARTY OR OTHERWISE TRANSFER ANY PURCHASED OR DOWNLOADED DOCUMENT IN ANY WAY WITHOUT THE SPECIFIC PRIOR WRITTEN CONSENT OF DIGITAL PACKAGER OR THE PROPERTY MANAGER.
a. You are solely responsible for safeguarding your account information and access credentials. You may not: (i) distribute, share, sublicense, lend, lease or otherwise make your access credentials to the System available to any third party, (ii) modify, adapt, create derivative works from or translate any part of the System, (iii) reverse engineer, decompile or disassemble the System or otherwise attempt to obtain its source code, underlying ideas, algorithms, file formats or programming interfaces of the System, (iv) remove or alter any copyright, trademark or other proprietary notice contained in the System, (v) use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the System, (vi) take any action to interfere with, or disrupt, the System or any other user's use of the System, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the System, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms, (vii) interfere or attempt to interfere with the proper working of the System any activities conducted on the System, (viii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the System (or other accounts, computer systems or networks connected to the System), (ix) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
b. Further, you may not take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the System that (x) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; (xi) You know is false, misleading, untruthful or inaccurate; (xii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, or is otherwise inappropriate as determined by us in our sole discretion; (xiii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming"); (xiv) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; (xv) impersonates any person or entity, including any of our employees or representatives.
c. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
The System contains copyrighted material, trademarks and other intellectual property that is provided by Digital Packager. Digital Packager licenses or owns intellectual property rights in and to the System. These Terms do not grant you any right, title or interest in or to the intellectual property contained in the System. By using the System, you agree not to copy, distribute, modify or make derivative works of any materials found on the System without the prior written consent of Digital Packager or the owner of such materials. All rights not granted under these Terms are reserved by Digital Packager.
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Digital Packager’s Copyright Agent with the following information at email@example.com:
Digital Packager may from time to time make available to you updates for the System, subject to these Terms. These Terms may also be changed, modified, or altered by us in our sole discretion at any time without prior notice. If we materially change the Terms, we will notify you through a notice, updated Terms on the System or by email (sent to the email address specified in your account, if any), prior to or upon the change(s) becoming effective. Accordingly, when you access or use the System, you should check the date of the Terms and be aware of any changes since the last version. Your continued use of the System following the posting of any changes to these Terms means that you accept such changes. Your access to and use of the System will be governed by the Terms in effect at the time of such access or use.
You agree to defend, indemnify and hold Digital Packager and its subsidiaries, affiliates, suppliers, and licensors and each of their respective officers, agents, partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees and costs, due to or arising out of (i) your use of the System in violation of these Terms and/or arising from a breach of these Terms (including, without limitation, any breach of your representations and warranties set forth herein); (ii) any allegation that any content or other material, including Your Content, that you have submitted or transmitted to the System or to us infringe, misappropriate or otherwise violate the copyright, trademark, trade secret or other rights of any party; (iii) your violation of applicable law; and/or (iv) your activities or omissions in connection with the System.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SYSTEM IS PROVIDED “AS IS” AND THAT DIGITAL PACKAGER DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DIGITAL PACKAGER OR ANY REPRESENTATIVE THEREOFSHALL BE DEEMED TO PROVIDE A WARRANTY OF ANY TYPE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DIGITAL PACKAGER DOES NOT WARRANT THAT: (a) THE SYSTEM WILL BE ERROR-FREE, (b) USE OF THE SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE, (c) THE SYSTEM WILL MEET YOUR REQUIREMENTS OR (d) THE SYSTEM WILL OPERATE WITH THE HARDWARE OR SOFTWARE CONFIGURATION CHOSEN BY YOU.
DIGITAL PACKAGER’S LIABILITY TO YOU OR ANY THIRD PARTY WILL NOT EXCEED THE PRICE PAID BY YOU FOR THE SYSTEM FOR THE TWELVE (12) MONTHS PRIOR TO THE INCIDENT WHICH GAVE RISE TO SUCH LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DIGITAL PACKAGER IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OR INABILITY TO USE THE SYSTEM (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, USE OF SOFTWARE OR ANY ASSOCIATED HARDWARE OR SOFTWARE, DATA OR GOODWILL; OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF DIGITAL PACKAGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DIGITAL PACKAGER’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY WILL NOT EXCEED THE PRICE PAID BY YOU FOR THE SYSTEM FOR THE TWELVE (12) MONTHS PRIOR TO THE INCIDENT WHICH GAVE RISE TO SUCH LIABILITY.
Digital Packager may, in its discretion, suspend or terminate your use of the System if it determines you are violating these Terms or improperly or unlawfully using the System. In such event, Digital Packager will provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted Digital Packager to contact you; provided, however, if you do not respond or remedy such activity promptly, Digital Packager may suspend or terminate in its sole discretion. Digital Packager reserves the right to refuse any order or transaction placed by you.
Upon any termination, Digital Packager will provide a reasonable amount of time for you to export Your Content from the System. Digital Packager will not issue any refunds upon termination.
We do not accept any unsolicited ideas to this System from outside Digital Packager including without limitation suggestions about advertising or promotions, or merchandising of any products, additions to our services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. If, notwithstanding this policy, you submit an unsolicited idea to us, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You hereby grant us an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.
a. Before filing any claim against Digital Packager, you agree to try to resolve the dispute informally by contacting firstname.lastname@example.org. Someone will contact you via email for details. If such dispute is not resolved within 30 days of submission to Digital Packager, any dispute, claim or controversy arising out of or relating to the System, the purchase or sale of any goods or services, or these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate (“Claims”), shall be determined by binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims.
b. CLASS ACTION WAIVER: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND DIGITAL PACKAGER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.
c. Any arbitration hearing that you attend will be held in New York, New York, USA before at least one (1) arbitrator(s) each having at least 10 years litigation experience and/or such experience as an arbitrator in real estate matters associated with the review and approval of applications to rent or purchase real estate. The arbitration shall be administered by AAA or JAMS pursuant to their Arbitration Rules and Procedures and in accordance with any expedited procedures in those Rules. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. In any arbitration arising out of or related to these Terms, the arbitrator(s) may not award any incidental, indirect or consequential damages, including damages for lost profits. In any arbitration arising out of or related to these Terms, the arbitrator(s) are not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In all other circumstances the parties expressly submit to the personal jurisdiction of the state and federal courts located in the State of New York as stated below.
d. Your Right to Go To Small Claims Court. We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is transferred, removed or appealed to a different court, we may then choose to arbitrate.
Credit card payment processing services for Property Managers on the System are provided by Stripe, Inc. ("Stripe") and are subject to the Stripe Checkout User Terms of Service, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By continuing to purchase goods or services via the System, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition to Digital Packager enabling credit card payment processing services through Stripe, you agree to that you may have to provide Digital Packager accurate and complete information about you and your business, and you authorize Digital Packager to share any such information with Stripe, as well as transaction information related to your use of the payment processing services provided by Stripe. In all cases, standard credit card or other third party processing fees apply in addition to any service fees. Digital Packager is not responsible for the performance of any third party credit card processing or third party payment services.
The Stripe Checkout User Terms of Service can be found at https://stripe.com/us/checkout/legal.
PRIOR TO DISPUTING ANY PAYMENT MADE TO US (FOR USE OF THE SYSTEM) WITH YOUR CREDIT ISSUER, YOU AGREE TO CONTACT US AT email@example.com AND PROVIDE IN WRITING YOUR NAME, ADDRESS, AMOUNT IN DISPUTE, REASON FOR DISPUTE AND ANY SUPPORTING DOCUMENTATION.
The System may contain links to third-party websites. The linked websites are not under our control, and we are not responsible for the contents of any linked website. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked website by Digital Packager. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
The System allows you to purchase/download published content provided by property management companies. Digital Packager and participating property managers do not guarantee the authenticity or accuracy of any document not purchased or downloaded from the System. Downloaded documents may have expiration dates as provided by the participating property manager. Please be sure to check upon purchase or download of any document. All documents listed for sale or that are purchased via the System are FINAL SALE. No refunds will be issued, and no credit or exchange will be permitted. If you feel otherwise, you may e-mail firstname.lastname@example.org to open an inquiry for your purchase. In this e-mail, please include information with regards to your purchased items, the date purchased, the amount charged, and the reason for disputing the purchase. Without limiting the foregoing, you acknowledge that all transactions relating to any goods, services or property offered by any third party, including but not limited to the purchase terms, payment terms, warranties, guarantees, and delivery terms relating to such transactions, are agreed to solely between the third party seller and the purchaser of such goods, services or property and that you will look solely to such third party to enforce any of your rights In the event of any problem with the products, services or property that you have purchased from a third party you agree that you will address such issues with the third party. We may not have the ability to accept returns or refund the purchase price for any transaction you complete with a third party through our System. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SYSTEM FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US.
These Terms will be binding upon and inure to the benefit of you and Digital Packager, and any respective successors and permitted assigns. These Terms are personal to you, and are not assignable, transferable or sub-licensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
If any provision of these Terms is determined to be invalid or unenforceable, such determination will not affect the validity or enforceability of any other provision of these Terms
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
Any waiver of any breach or failure to enforce any provision of these Terms will not be deemed a future waiver of such term or a waiver of any other provision.
These Terms are governed by the laws of the United States and the state of Delaware, irrespective of Delaware's conflicts of laws rules.
For any matters which are not subject to arbitration as set forth in these Terms and/or in connection with the entering of any judgment on an arbitration award in connection with these Terms, the parties irrevocably submit and consent to the exclusive jurisdiction and venue in the appropriate state or federal court of New York county.
Nothing herein shall be deemed to cause these Terms or use of the System to create an agency, partnership, fiduciary relationship, or joint venture between you and us. These Terms do not create any right or cause of action for any third party.
You acknowledge and agree that we are not a landlord, lessor, sub-lessor or grantor, and that we do not have any authority to approve or disapprove any information submitted to the System. You acknowledge and agree that the System is an electronic data management system and by using the System, you affirmatively consent to pay the applicable charges and agree that such payment is for data management and related services and not in violation of any state or federal law.
These Terms constitute the entire agreement between you and Digital Packager with respect to the subject matter contained herein. Those sections meant to survive termination, including Sections 1, 2, 3, 5, 6, 7, 11, and 15 will survive the termination of these Terms.