Terms of Use
Please read these terms and conditions of use carefully prior to using or obtaining
any information, materials or services through this web site. Use of this web site
constitutes acceptance of the terms and conditions of this Agreement.
Use of Web Site
As long as you comply with the terms and conditions of this Agreement, Realty DataTrust
Corporation (“RDT”) grants you a limited, non-exclusive, non-transferable license
to use PadZing.com (“this site”). User may not modify, obscure, frame, copy, distribute,
re-transmit in any form, publicly display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell any information, text, graphics,
software, products, or services or intellectual property obtained from this site.
You shall not use this site for any other purposes, including without limitation,
to enter false, fraudulent or inaccurate information pertaining to your user account,
payment and/or apartment community information. You may not use any "robot," "spider"
or other automatic device, or a program, algorithm or methodology having similar
processes or functionality, or any manual process, to monitor or copy any of the
Web pages, data or content found on this site. You agree that you will not use any
device, software or routine to interfere or attempt to interfere with the proper
working of this web site. You agree that you will not take any action that imposes
a burden or load on our infrastructure that is deemed at RDT/s sole discretion to
be unreasonable or disproportionate to the benefits obtained from your use of this
site. You agree that you will not use this site to facilitate, collaborate, conduct
and/or participate in any activities which are or could be construed as anticompetitive.
You understand that this service may not be used for any anticompetitive purposes.
You further understand that violation of this policy will result in termination
of your account and all related subscriptions and services. You agree to hold RDT,
its affiliates, this site and our third party providers harmless for any damages
resulting from any anticompetitive conduct you or your company knowingly or unknowingly
may engage in. The user identification and password provided to you are meant for
the sole use of one subscriber alone (yourself) and you may not share your access
credentials for this site with any other person.
Registration and Subscriptions
In consideration for the use of the aspects of this site which require registration
and/or a valid subscription to access such components and services, you as a subscriber,
agree to pay RDT the applicable fees as shown to you prior to your acceptance of
such subscription rate and payment terms. By subscribing, you are indicating that
you are authorized to make purchasing decisions for your company and agree to pay
all applicable fees per the payment terms. Your subscription(s) will remain active
indefinitely or until canceled by you and you will be obligated to pay all applicable
fees prior to your cancellation of a subscription. To cancel or modify a subscription,
you must log in to your account and change your subscription settings. In the event
any payment to RDT is overdue or cannot be successfully processed (i.e. insufficient
funds), your account and the related access rights will be subject to immediate
suspension or termination by RDT. RDT will restore access to an account that has
been suspended due to an overdue balance upon receipt of payment in full. You agree
that any failure by RDT to process your payment does not relieve you of your responsibility
to pay for your subscription(s).
If RDT elects to change the subscription fee rate structure at any time, and the
result will be an increase in your recurring payment, RDT will provide you with
sixty (60) day advance notice before such rate change will be effective.
You agree not to share your account credentials, subscription(s) and/or access to
subscriber content with any other individuals. Doing so may result in immediate
and permanent cancellation of your account.
Ownership
This site, its contents, modules, text, graphics, the arrangement and compilation
of the content found on this web site and any related intellectual property (including
patents and copyrights), is the property of RDT and/or its various third party providers.
In addition, the trademarks, logos and service marks displayed on this site are
registered and/or common law trademarks of RDT and various third parties. Nothing
contained on this site should be construed as granting, by implication or otherwise,
any other licenses not specifically disclosed herein or any license or right to
use any of the trademarks, logos and service marks without the written permission
of RDT, or such other party that may own them.
Privacy
You have read our Privacy Policy and agree that the terms of such policy are reasonable.
You consent to the use of your personal information in accordance with the terms
of and for the purposes set forth in the Privacy Policy.
Links
In the event this web site contains links to other third party sites, such links
are provided solely as a convenience to you and not as an endorsement of the contents
of these other sites. RDT is not responsible for the content, accessibility or functionality
of any other site and make no representation or warranty regarding any other sites,
or the contents, materials, accessibility, accessibility or functionality on such
sites. If you decide to access other sites, you do so at your own risk.
Warranty Disclaimer
RDT AND ANY OF OUR THIRD PARTY PROVIDERS MAKE, NO WARRANTY OF ANY KIND REGARDING
THIS SITE AND/OR ANY CONTENT, DATA, INFORMATION, SERVICES, FUNCTIONALITY OR ACCESSIBLITY
PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. WE EXPRESSLY
DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THIS SITE WILL BE ERROR-FREE, SECURE
OR UNINTERRUPTED. WE FURTHER DISCLAIM ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS
AND TIMELINESS OF ANY CONTENT OR INFORMATION FOUND ON THIS SITE. WE EXPRESSLY DISCLAIM
AND OUR PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM
A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF
IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY
TO YOU.
Limitation of Liability
RDT WILL NOT BE, AND OUR THIRD PARTY PROVIDERS WILL NOT BE, RESPONSIBLE OR LIABLE
FOR (A) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER SOFTWARE, EQUIPMENT
OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO, USE OF OR BROWSING IN THIS SITE
OR (B) ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST
PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE,
THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT,
DATA, MATERIALS OR INFORMATION FOUND THEREIN, (II) ANY FAILURE OR DELAY (INCLUDING
WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS WEB SITE
OR (III) THE PERFORMANCE OR NON PERFORMANCE BY RDT OR ANY OF OUR THIRD PARTY PROVIDERS,
EVEN IF RDT OR A PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH
PARTIES OR ANY OTHER PARTY. This disclaimer of liability applies to any damages
or injury caused by any failure of performance, error, omission, interruption, deletion,
defect, delay in operation or transmission, computer virus, communication line failure,
theft or destruction or unauthorized access to, alteration of, or use of record,
whether for breach of contract, tortious behavior, negligence, or under any other
cause of action. If, despite the limitation above, RDT is or a third party provider
is found liable for any loss or damage which arises out of or is in any way connected
with any of the occurrences described in the limitation above, then our liability
and the third party providers' liability will in no event exceed the liability of
RDT and the third party providers shall in no event exceed, in the aggregate, the
greater of (a) the related subscription fees charged and paid while using this site,
or (b) US$200.00. In its sole discretion, in addition to any other rights or remedies
available to RDT and without any liability whatsoever, RDT at any time and without
notice may terminate or restrict your access to any component of this site. Some
states do not allow the limitation of liability, so the limitations above may not
apply to you.
Indemnification
You shall defend and indemnify RDT and any of our third party providers and their
officers, directors, employees and agents from and against any claim, cause of action
or demand, including without limitation reasonable legal and accounting fees, brought
by or on your behalf in excess of the liability described herein or by third parties
as a result of your use of this web site.
Relationship
Your use of this site does not create a joint venture, partnership, employment or
agency relationship with RDT or any of our third party providers.
Governing Law
This Agreement and its performance shall be governed by the laws of the state of
Arizona, United States of America, without regard to its conflict of law provisions.
You consent and submit to the exclusive jurisdiction of the state and federal courts
located in Maricopa County, the state of Arizona, United States of America, in all
questions and controversies arising out of your use of this site and this Agreement.
To the extent allowed by applicable law, any claim or cause of action arising from
or relating to your access or use of this web site must be brought within two (2)
years from the date on which such claim or action arose or accrued.
Attorney’s Fees
If RDT or its third party providers take any action to enforce this Agreement, such
parties will be entitled to recover from you, and you agree to pay, all reasonable
and necessary attorney's fees and any cost of litigation, in addition to any other
relief, at law or in equity, to which such parties may be entitled.
Injunctive Relief
You acknowledge that a violation or attempted violation of any of this Agreement
will cause such damage to RDT as will be irreparable, the exact amount of which
would be difficult to ascertain and for which there will be no adequate remedy at
law. Accordingly, you agree that RDT shall be entitled as a matter of right to an
injunction issued by any court of competent jurisdiction, restraining such violation
or attempted violation of these terms and conditions by you, your affiliates, partners,
or agents, as well as recover from you any and all costs and expenses sustained
or incurred by RDT in obtaining such an injunction, including, without limitation,
reasonable attorney's fees. You agree that no bond or other security shall be required
in connection with such injunction.
Termination
RDT may terminate this Agreement and/or the provision of any of the services at
any time for any reason, including any improper use of this site or your failure
to comply with these terms and conditions. Such termination shall not affect any
right to relief to which RDT and its third party providers may be entitled, at law
or in equity. Upon termination of this Agreement, all rights granted to you will
terminate.
Assignment
You may not assign, convey, subcontract or delegate your rights, duties or obligations
hereunder.
Modification
RDT reserves the right to change or modify the terms and conditions of this Agreement.
Users are responsible for regularly reviewing these terms and conditions. Continued
use following any change constitutes your acceptance of such changes.
Severability
These terms and conditions shall be deemed severable. In the event that any provision
is determined to be unenforceable or invalid, such provision shall nonetheless be
enforced to the fullest extent permitted by applicable law, and such determination
shall not affect the validity and enforceability of any other remaining provisions.
Headings
The headings used in this Agreement are included for convenience only and will not
limit or otherwise affect the terms and conditions herein.
Entire Agreement
This Agreement, together with any terms and conditions incorporated herein or referred
to herein constitute the entire agreement between us relating to the subject matter
hereof, and supersedes any prior understandings or agreements (whether oral or written)
regarding the subject matter, and may not be amended or modified except in writing
or by making such amendments or modifications available on this site.