Terms of Use
Acceptance of the Terms of Use.
Welcome to the website of Web Property Manager LLC ("Web Property Manager", "we" or "us"). The following terms and conditions (these "Terms of Use") govern your access to and use of www.WebPropertyManager.com, including any content, functionality and Services (defined below) offered on or through www.WebPropertyManager.com (the "Website"). We will refer to landlords and property managers of rental units using the Service as "Managers" and tenants or potential tenants who use the Service as "Tenants". Any user of the Service or Website, including Managers and Tenants, will be referred to as a "User".
Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to Users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Web Property Manager LLC and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms of Use.
We may revise and update these Terms of Use, including our fees and Services, from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Description of Services.
Web Property Manager LLC currently provides a full-service, internet-based platform for Managers to efficiently manage their rental units, including such features as promotion of an available rental unit, screening potential tenants with secure credit and background checks, managing online ACH payment of Tenant Payments with automatic receipts and interest reminders, sourcing tenants with local Realtors or state licensed real estate brokers, processing and completing maintenance requests, and property management reports (including rents collected and maintenance fees incurred) (the "Services"). More information on the Services is provided below. Users may use some or all of the features of the Service. WEB PROPERTY MANAGER RESERVES THE RIGHT TO ADD, SUBTRACT, OR CHANGE THESE SERVICES.
Finding and Screening Tenants.
Upon registration, the Manager will be required to provide registration information, which will include information such as the Manager’s full name, primary phone number, email address, ACH or credit card payment information, and other relevant information related to such Manager (the "Manager Registration Information"). During the time that the Manager uses the Services, Manager shall keep all Manager Registration Information up-to-date and accurate.
Once registered, Manager may add a property (rental unit), and if desired, create a listing that includes information about the unit, such as street name and cross street, address, rent amount, late fee, and security deposit or move-in fee (the "Unit Information").
Once the Tenant has viewed the rental unit and is ready to submit an application to the Manager, Tenant creates a new application through WebPropertyManager.com. As part of this process, the Tenant will fill out a rental application on the selected rental unit. This application will include information such as the Tenant’s full name, primary phone number, alternative phone number, email address, emergency contact information, past addresses, prior landlord contact information, whether the Tenant has pets, vehicle information, employment history, current income information, and other relevant information related to such potential rental unit (the "Tenant Application Information"). Once tenant has completed the rental application on the selected rental unit, he will authorize the Manager to view the application on the Website, including all Tenant Application Information.
Upon completion of the application, Tenant will be required to provide personal information ("Background Check Information") and authorize the Landlord and Web Property Manager to access his Nationwide Criminal History Check and Credit Report/Score (the "Background Check"). Tenant information they enter will be sent to 3rd party via API to authorize and complete the Background Check. Web Property Manager has no control over the contents of such third-party site, API, or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If Tenant decides to access any of the third party websites linked to this Website or API, Tenant does so entirely at your own risk and subject to the terms and conditions of use for such websites. Once the third-party service provider has completed the Background Check, it will be available on the Website for Managers to view.
Once the Manager has received the Tenant Application Information and Background Check, Manager shall either accept or deny such Tenant application on the Website.
Manager represents and warrants that he has read and accepted Web Property Manager’s Fair Housing Policy and is in compliance with all federal and state laws in his decision to accept or deny a Tenant for a particular rental property and is any postings and Unit Information. Manager further represents and warrants that all information provided on the Service, including, without limitation, the Unit Information, is true and accurate and does not violate any federal, state, local or international law or regulation. Tenant represents and warrants that all information provided on the Services, including, without limitation the Tenant Application Information and the Background Check information, is true and accurate and does not violate any federal, state, local or international law or regulation. Users acknowledge that Web Property Manager does not verify the identity or accuracy of any User information provided on the Services nor does Web Property Manager warrant the accuracy, completeness or usefulness of any of the information provided on the Services. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Move-In, Move-Out, and New Property Inspections
Web Property Manager admin will open service request for New Properties and Move Outs. Cost of inspection varies based on distance to travel and size of unit but will be between $50-$300. Admin will provide a report on condition of unit with recommendation on any immediate or long term repairs / preventative maintenance. New Properties will also have sign for Web Property Manager posted in compliance with local regulations and law.
Any disputes between Manager and Tenant with respect to damages to a unit or security deposits must be resolved outside of the Services and Website. Web Property Manager does not have control of or assume any liability for actions of Users on the Service, including, but not limited to the use of the unit or the assessment of damages to a unit. Web Property Manager does not guarantee security deposits. We do not warrant the accuracy, completeness or usefulness of any of the information provided on any move-in or move-out checklist. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Online ACH Tenant Payments.
If the Manager participates in the online ACH payment feature of the Services, Tenant payments for rent, late fees, security deposits, or move-in fees ("Tenant Payment(s)") may be paid via ACH.
If Manager would like to accept online payments via ACH, Manager must accept and agree to the ACH agreement on the Service. Manager will specify bank account information and the rental unit and related Tenant that will make payments into such account. A Manager that operates more than one unit on the Service has the option to specify several bank accounts and separate unit deposits into different accounts. Web Property Manager will save Manager bank information on secure server unless Manager requests that Web Property Manager delete such information.
Tenant may make online payments via ACH on a recurring basis (for rent) or on a one-time basis. To enable this feature of the Services, Tenant will be required to enter bank information and authorize Web Property Manager to debit (either once or on a recurring basis) the Tenant Payment. Web Property Manager will save Tenant bank information on secure servers with data encryption at rest unless Tenant requests that Web Property Manager delete such information by contacting Info@WebPropertyManager.com. Note removing account on the online portal does not remove data from database, tenant must request in writing for information to be deleted.
All Tenant Payments made via the ACH payment feature of the Services will be transferred to one of several accounts held by Web Property Manager until the ACH has been cleared by the Federal Reserve and Tenant’s bank. Once the ACH transfer has been cleared by the Federal Reserve and Tenant’s bank, Web Property Manager shall initiate an ACH transfer to Manager in the amount of the Tenant Payment, less any processing or convenience fees. If Manager accepts security deposit and rent payments via the ACH payment feature of the Services, Manager must have separate accounts for these funds and designate them as "rent account" or "security deposit account" on the Services. A typical process may take up to four (4) days for Manager to receive the Tenant Payment. For a Tenant Payment to be considered paid on time, Tenant must schedule or initiate the ACH rent transfer no later than 12pm CST on the date before the Tenant Payment is due, and such payment must not be rejected non-sufficient funds ("NSF").
If a Tenant Payment is rejected for NSF, Web Property Manager will be notified within three (3) business days, and Web Property Manager will notify the Manager and Tenant of the rejection and the related NSF fee within two (2) business day of our notification that the payment was rejected. It will be the Tenant’s responsibility to initiate a new ACH transaction or to make the Tenant Payment in some other manner and Tenant authorizes Web Property Manager automatically charge for the NSF fee if account is still open, if account is closed or has NSF for the NSF fee then Tenant must initiate new payment. It will be the Manager’s responsibility to assess a late Tenant Payment fee, if any, to Tenant. Tenant will be required to pay the NSF fee, and any late fees assessed by the Manager, on or before the initiation of any new ACH transaction through the Website. If Tenant does not pay the NSF fee via ACH within sixty (60) days of the notification of such NSF fee, Tenant hereby authorizes Web Property Manager to charge Tenant’s credit card on file for the amount of the NSF fee. If Tenant does not have a current credit card on file and fails to pay the NSF fee within the sixty (60) day period referred to above, Manager hereby authorizes Web Property Manager to charge Manager’s credit card on file or charge ACH payment for the full amount of the NSF fee.
During the time that the Tenant makes Tenant Payments to the Manager through the Services, both Parties agree to ensure that all bank account, ACH information, and credit card information up-to-date and accurate.
Either User may cancel the ACH payment feature at any time by contacting Info@WebPropertyManager.com, as long as a current ACH transaction is not in process. If a current ACH transaction is in process, such transaction will be finalized before Web Property Manager disables this feature of the Service.
WEB PROPERTY MANAGER IS NOT A COLLECTION COMPANY AND IN NO WAY GUARANTEES PAYMENT BY TENANT NOR DOES IT INHERIT THE RISK ASSUMED BY ANY PARTY IN RELATION TO ANY TRANSACTION PERFORMED THROUGH THE SERVICE.
Maintenance Requests.
Tenant may submit maintenance requests on the Website through an online form that describes the nature of the issue and upload a photo or video, if necessary. Manager can send requests to preferred contractors by service categories. Preferred contractors must be sent to Info@WebPropertyManager.com. Manager agrees it will only send preferred contractors that are properly licensed and insured. Otherwise Web Property Manager will select a contractor from a list of available contractors based on the type of maintenance issue and the location of the unit. Manager will be able to associate a cost to the project. Web Property Manager does not warrant the accuracy, completeness or usefulness of any of the information provided on the maintenance request or the accuracy or fitness of any information provided from third-parties about potential contractors. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Property Management Reports.
Web Property Manager provides Rent Roll reports for Manager based on data from the Website. The Rent Roll is a balance sheet of properties that Manager owns or manages, and includes the following: unit address, typical monthly rent, and whether the unit is vacant or occupied. Web Property Manager also uses data from any rent collected via ACH and any maintenance requests submitted to prepare a Cash Flow report for Manager, capturing the actual revenue and expenses for a unit, building, or portfolio of properties. Reports are available upon request via email to info@webpropertymanger.com
The Rent Roll and Cash Flow reports are made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Content Management Services for Existing Leases.
For Managers with rental units under existing leases, Manager may upload the existing lease to the Website and invite pre-existing tenants to join the Website to participate in some or all of the Services. Even if Manager’s pre-existing tenants opt out of the some or all of the Services, Manager may upload the existing lease to the Website and manually input performance data on those units in order to (1) receive Rent Roll and Cash Flow reports, (2) receive reminders on upcoming events and deadlines, and (3) receive tips on landlord/tenant ordinance compliance.
Service Availability.
We reserve the right to withdraw or amend this Website, and any Service, function or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
User Registration.
In order to access the Services, Users must provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Validation of Identity.
Users authorize Web Property Manager, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying your information against third party databases or through other sources. Nothing herein shall be construed to require Web Property Manager to verify the identity of any User on the Website nor will Web Property Manager have any liability for failure to verify any User’s identity.
Account Security.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Fees and Payments. Web Property Manager reserves the right at any time to change and/or increase the fees for access to portions of the Service or the Service as a whole. All fees shall be payable through the User’s account.
Manager Access to Platform.
Manager will be charged a monthly subscription fee for the service plan he or she selects for use of the Services. The access fee will be due monthly on the day of the month Manager started using the Service.
Tenant Background Check.
Tenant will be charged a fee for each Background Check initiated on the Service.
Tenant ACH Transactions.
In some instances, Tenant will be charged a $1.50 convenience fee per transaction on any Tenant Payment made through ACH.
Payment Cancellation; Refund Policy.
For payments you believe were improperly made, Web Property Manager may, in its sole discretion, void, rescind, or issue a credit for your Tenant Payment made through the Service at any time prior to the remittance of such Tenant Payment to your Manager. If a payment dispute arises after payment is forwarded to your Manager, the responsibility to settle the dispute rests with you and the Manager.
Unauthorized Transactions.
Web Property Manager is not responsible for loss incurred as a result of non-sufficient funds, returned checks, chargebacks, claims, reversals, WSUPP retrieval fee, recall fees, excessive returns fees, early funding fees, account maintenance fees, or any unforeseeable unsuccessful transaction or fees associated with those transactions. When appropriate, non-sufficient funds fees and returned checks fees will be passed on to Tenants.
Web Property Manager reserves the right to seek reimbursement from Manager, and Manager will reimburse Web Property Manager, if Web Property Manager discovers a fraudulent transaction, erroneous or duplicate transaction, or if Web Property Manager receives a chargeback or reversal from any Tenant credit card company or bank for any reason. You agree to and acknowledge Web Property Manager’s right to investigate any and all transactions for fraud. Further, you agree to cooperate with any reasonable requests made by Web Property Manager in an effort to investigate fraud. Manager agrees that Web Property Manager has the right to obtain such reimbursement by charging Manager’s account, deducting amounts from future transfers, charging Manager’s credit card or any bank account associated with your account, or obtaining reimbursement from Manager by any other lawful means, including using a third party collection agency. Failure to pay for reimbursements of a charge back or a reversal of payment is cause for termination of Manager’s account.
WEB PROPERTY MANAGER IS NOT A COLLECTION COMPANY AND IN NO WAY GUARANTEES PAYMENT BY TENANT NOR DOES IT INHERIT THE RISK ASSUMED BY ANY PARTY IN RELATION TO ANY TRANSACTION PERFORMED THROUGH THE SERVICE.
Service Cancellation.
Users may cancel the use of the Service at any time effective immediately by contacting us at Info@WebPropertyManager.com. You will remain liable for all outstanding payments and fees due at the time of cancellation. If you request, Web Property Manager will delete your User account, but this request will only delete your personal account and not information that relates to you that is on another User’s account (for instance, a signed lease to which you are a party).
Prohibited Uses.
In connection with the Services or your use of the Website, you will not:
Breach this agreement;
Violate any applicable federal, state, local or international law or regulation;
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;
Disclose or distribute another User’s information to a third party, or use the information for marketing purposes unless you receive the User’s express consent to do so;
Infringe Web Property Manager’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
Act in a manner that is defamatory, trade libelous, threatening or harassing;
Provide false, inaccurate or misleading information;
Send or receive what we reasonably believe to be potentially fraudulent funds;
Impersonate any person, or misrepresent your identity or affiliation with any person or organization or in any way that is likely to deceive any person;
Provide yourself a cash advance from your credit card or participate in any actions constituting credit card fraud, check fraud, or money laundering (or help others to do so);
Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
Use an anonymizing proxy;
Conduct your business or use the Services in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability to Web Property Manager, other Users, third parties or you;
Send unsolicited email to a User or use the Services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
Use any robot, spider, other automatic device, or manual process to monitor or copy our Website without our prior written permission
Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our Website or the Services;
Take any action that may cause us to lose any of our services from our internet service providers, payment processors, or other suppliers;
Web Property Manager will not be held liable for the violation of the above terms or any other illegal activity not foreseen at the time.
Reliance on Information Posted.
Users acknowledge that Web Property Manager does not verify the identity or accuracy of any User or any information User supplies on the Services or Website. Any other information presented on or through the Website, including, but not limited to material presented on our blog, information in Rent Roll Reports, or information in Cash Flow Reports is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of the User information or any other information. Any reliance you place on such information is strictly at your own risk.
We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Intellectual Property Rights.
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Web Property Manager, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for the limited purposes provided in these Terms of Use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
You must not:
Modify copies of any materials from the Website.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: Info@WebPropertyManager.com.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Web Property Manager. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Trademarks.
Web Property Manager’s name, the company logo and all related names, logos, product and service names, designs and slogans are trademarks of Web Property Manager or its affiliates or licensors. You must not use such marks without the prior written permission of Web Property Manager. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Copyright Infringement.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access thereto) from the Services by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
-
Copyright Agent:
Web Property Manager LLC
2885 Sanford Ave SW #40475 Grandville, MI 49418
(773) 669-6775
Info@WebPropertyManager.com It is our policy in appropriate circumstances to disable and/or terminate the accounts of Users who are repeat infringers
Privacy Statement.
Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.
If you receive information about another User through the Services, you must keep the information confidential and only use it in connection with the Services. You may not disclose or distribute a User’s information to a third party or use the information for marketing purposes unless you receive the User’s express consent to do so.
Links from the Website.
The Website contains links to other sites and resources provided by third parties, including third party service providers to conduct certain parts of the Services. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions.
The owner of the Website is based in the state of Illinois in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WEB PROPERTY MANAGER NOR ANY PERSON ASSOCIATED WITH WEB PROPERTY MANAGER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER WEB PROPERTY MANAGER NOR ANYONE ASSOCIATED WITH WEB PROPERTY MANAGER REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WEB PROPERTY MANAGER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability.
IN NO EVENT WILL WEB PROPERTY MANAGER, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification.
You agree to defend, indemnify and hold harmless Web Property Manager, its affiliates, licensors and service providers, and its 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 Use or your use of the Website, including, but not limited to, any User information you provide on the Website or Services, any use of the Website's content, Services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
Governing Law and Jurisdiction.
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois in each case located in the City of Chicago and Cook County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability.
No waiver by Web Property Manager of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Web Property Manager to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement.
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Web Property Manager LLC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
Your Comments and Concerns.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to Info@WebPropertyManager.com.