1. ACCEPTANCE OF TERMS
This PropertyRoom.com™ website (the "Website") is provided by PropertyRoom.com,
Inc. (“PropertyRoom”), located at 26421 Crown Valley Pkwy # 200, Mission Viejo,
California 92691. Your use of the Website and all information, products and
services on the Website (collectively, the "Services") are subject to and
governed by the terms and conditions set forth below and the terms and
conditions incorporated herein by reference (collectively, the "User
Agreement"), which constitute a binding legal obligations between you and PropertyRoom. If you have any questions or comments about the User Agreement,
contact us.
BY CHECKING THE BOX BY “I HAVE READ AND AGREE TO THE USER AGREEMENT” DURING THE
REGISTRATION PROCESS (OR BY OTHERWISE ACCEPTING THE USER AGREEMENT THROUGH YOUR
ACTIONS), YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THE USER AGREEMENT. IF
YOU DO NOT AGREE WITH THE USER AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE
SERVICES OR TO CONTINUE TO ACCESS THE WEBSITE FOR ANY PURPOSE.
2. AMENDMENTS TO THE USER AGREEMENT
You understand that PropertyRoom may amend the User Agreement from time to time
without notice to you by posting the changes on the Website. You should review
these terms each time you elect to use any of the Services. The amended User
Agreement will automatically be effective thirty days after changes are first
posted on the Website. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, YOU MAY
REFUSE SUCH CHANGE BY DISCONTINUING ALL ACCESS TO THE WEBSITE AND USE OF THE
SERVICES IN ANY MANNER FOR ANY PURPOSE. IF YOU CONTINUE TO ACCESS THE WEBSITE OR
USE THE SERVICES IN ANY MANNER FOR ANY PURPOSE AFTER SUCH CHANGE BECOMES
EFFECTIVE, SUCH ACCESS AND/OR USE CONSTITUTES YOUR ACCEPTANCE OF THE MODIFIED
USER AGREEMENT.
3. MODIFICATIONS TO OR TERMINATION OF SERVICE
PropertyRoom reserves the right, in our sole discretion, at any time and from
time to time to modify or discontinue, temporarily or permanently, the Website
(or any part thereof) and/or to add, delete or modify some or all of the
Services, with or without notice. Any new or changed features or Services that PropertyRoom puts on the Website will be subject to the terms and conditions of
the User Agreement. You agree that PropertyRoom shall not be liable to you or to
any third party for any modification, suspension or discontinuance of the
Website and/or any Services.
In addition, PropertyRoom, in its sole discretion with or without notice to you,
may (a) terminate your password and your use of this entire Website or your use
of any feature of the Website, and/or (b) remove and discard any of Your
Information stored on the Website.
4. REGISTERED USERS
The Services offered on the Website are available only to entities and to
individuals who accept the User Agreement and who can form legally binding
contracts under applicable law. Without limiting the foregoing, the Services are
not available to minors. You must be 18 years of age or older in order to
participate in the bidding process. PropertyRoom may refuse any or all of the
Services to anyone at any time, in our sole discretion. When you sign up, you
will select a user name and a password so that you can access your account at
the Website. You agree that you will keep this information confidential. You
agree to log off of the Services at the end of each session to prevent fraud on
your account by third parties. You are solely responsible for activities
regarding your account and password (including activities by third parties using
your user name and password or using a login session you commenced). If you
think there has been unauthorized use of your account or password, you agree to
immediately notify PropertyRoom and cooperate to resolve the issue. You
understand that if you do not follow the terms of this paragraph, PropertyRoom
may suspend or terminate your use of the Website. You understand that
PropertyRoom is not responsible in any way, and will not be liable to you or to
any third person, if you do not comply with the terms of this paragraph.
5. YOUR INFORMATION
All information you provide to PropertyRoom about yourself during the
registration process or through any other feature on the Website will be
referred to as "Your Information." You represent and warrant that Your
Information will be true, accurate, current and complete. You will promptly
update Your Information to keep it true, accurate, current and complete at all
times. PropertyRoom will only use Your Information in accordance with our
Privacy Policy. Your Information shall not contain any viruses, Trojan horses,
worms, time bombs, cancelbots or other computer programming routines that are
intended to damage, detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or personal information or create liability for
PropertyRoom or cause PropertyRoom to lose the services of its ISP's or other
suppliers.
6. PROPERTYROOM FACILITATES AUCTIONS
The Website is a public venue where persons can sell and buy property. The
Website is primarily a venue for law enforcement and other government agencies
to conduct auctions and bidders to bid on auctions. Unless otherwise expressly
stated by PropertyRoom, PropertyRoom is involved only as a facilitator and/or
agent in the transaction between buyers and sellers. As a result PropertyRoom
has limited control over the items put up for auction, including without
limitation, control with respect to quality, safety or legality of items for
sale, truth or accuracy of listing for sale items, or the ability of buyer(s) to
engage in any transaction over the Website. PropertyRoom cannot and does not
control whether buyers will complete the purchase or sale of items upon which
they have bid. Because user authentication on the Internet is difficult and many
times impossible, PropertyRoom cannot and does not confirm that each user is who
he or she claims to be.
You release PropertyRoom and our agents and employees from losses, expenses,
claims, demands and damages, actual and consequential, of every kind and nature,
known and unknown, suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with or arising from: (1) any information or
content placed on our Website by you, any seller, buyer or other user, (2) any
dispute you may have with any seller, buyer or other user of our Website, and
(3) any use or disclosure of all or any of Your Information to any third party
by any seller, buyer, or other user of the Website. It is the buyer's
responsibility, and it is not the responsibility of PropertyRoom, to have
knowledge of, obey, or comply with any applicable federal, state or local laws
and regulations regarding transportation, handling, storage, purchasing,
possession, use, misuse or ownership of the items sold on our website. If you
are a California resident, you waive California Civil Code §1542, which says: "A
general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if
known by him must have materially affected his settlement with the debtor."
7. BIDDING AND BUYING
In order to bid on an auction item, you must have a valid credit card on file.
At the conclusion of each auction, the winning bid amount plus all additional
charges (tax, handling, shipping, etc), will be automatically charged to the
winning bidder's credit card. If the any charge to your credit card is declined
for any reason, you may be charged a fee of $15.00 per occurrence and
PropertyRoom may, in its sole discretion, suspend or terminate your account.
PropertyRoom may also withhold shipment or delivery of any item to you until you
have paid in full, including fees, for all of your items currently in process.
If you are the highest bidder when an auction ends and your bid is equal to or
more than the minimum bid price (or in the case of reserve auctions, at or above
the reserve price), and your if bid is then accepted by the seller or
PropertyRoom acting on the seller’s behalf, you are legally obligated to
complete the transaction unless the transaction is prohibited by law.
PropertyRoom does not acquire title to items sold through the Website and title
will pass from seller to you at the point determined by applicable law, which
will generally occur under Section 2-401 of the Uniform Commercial Code upon
delivery to you. At any time, the seller or PropertyRoom may cancel any bid made
by you. PropertyRoom may also cancel any auction at any time, including after
completion. You may not revoke a bid, except in exceptional circumstances such
as the seller materially changing the description of the item after your bid, or
clear typographical errors. You may not bid in a way that pulls other bidders to
their maximum bid, or retract the high bid, and then rebid at a small increment
above the legitimate high bidder, which is a form of bid manipulation. Without
limiting any other remedies, PropertyRoom may suspend or terminate your account
and any or all of your bids if you are found by conviction, settlement,
insurance investigation, or otherwise, to have engaged in fraudulent activity in
connection with our Website. PropertyRoom may also report fraudulent activity to
the seller and/or law enforcement authorities.
8. MERCHANTS
PropertyRoom authorizes third party sellers (“Merchants”) to list items for sale
through the Website and such listings will be identified with the
PropertyRoom.com Authorized Seller logo or similar means of identification by PropertyRoom. PropertyRoom is not acting as the agent for any Merchant and is
involved only as a facilitator in any transaction between you and any Merchant.
In addition to the terms set forth in this User Agreement, the listing page for
an action in which the seller is a Merchant may include additional warranty
terms, shipping terms and other terms applicable to such sale made by such
Merchant (“Additional Merchant Terms”). You hereby agree that the Additional
Merchant Terms represent a contract between you and the Merchant and will govern
any bid, sale or other transaction between you and the Merchant with respect to
such listing or auction. To the extent that the Additional Merchant Terms
contain any guaranties, warranties or other provisions in addition to or
inconsistent with this User Agreement, such Additional Merchant Terms shall
supersede the User Agreement solely as between you and the Merchant. Such
Additional Merchant Terms shall in no way modify the User Agreement as between
you and PropertyRoom. PropertyRoom is not subject to or bound by any Additional
Merchant Terms.
9. SHIPPING AND RETURN POLICY AND TAXES
The Shipping and Returns Policy is expressly incorporated herein. In addition,
if you bid on any item, you thereby agree to be bound by any additional terms
and conditions of sale identified in the item's description or related thereto,
except to the extent such additional terms and conditions are contrary to or
inconsistent with the User Agreement or unlawful. Risk of loss of or damage to
any items purchased passes to you upon delivery to the carrier. All amounts
specified on the Website are quoted in US dollars and all charges made by PropertyRoom to your credit card will be in US dollars. You are responsible for
payment of any sales, use, consumption, VAT, excise, or other taxes (including
taxes measured by receipts from any transaction) imposed by any taxing authority
and required to be paid or collected by PropertyRoom or you as a result
transactions completed using the Website or Services. PropertyRoom may withhold,
on behalf of the seller, any such taxes assessed in any transaction. However,
even if PropertyRoom or the seller does not withhold and pay such taxes, you
remain responsible for any taxes that may be assessed by any governmental
authority.
10. PRIVACY POLICY
PropertyRoom collects personal information on the Website. To learn more about
how PropertyRoom collects and uses Your Information please see the
Privacy
Policy on the Website, which is incorporated herein by reference. In using the
Website, you may choose to give all or a portion of Your Information to
Merchants, sellers or other users of the Website. To the extent you give any of
Your Information to any person or entity on the Website other than PropertyRoom,
you assume the risk that the person or entity may not keep Your Information
confidential and may use it for commercial or other purposes without your
knowledge or consent. The PropertyRoom
Privacy Policy applies only to PropertyRoom. It does not apply to any Merchant, seller or other user of the
Website.
11. CONDUCT OF USERS
PropertyRoom believes that all users of the Website and Services benefit from
basic rules regarding conduct while using the Services so that information and
ideas may be shared freely, and so that commerce can be conducted fairly. To
achieve these ends, you agree to follow the following basic rules of conduct
when using the Website and/or Services:
- You will comply with the User Agreement and all applicable laws;
- You will never give your password to anyone and you will not provide your
billing or credit information except to make a purchase;
- You will not harass, threaten or abuse other people when using the Website in
any manner, and you will not post or transmit to the Website any unlawful,
fraudulent, harassing, libelous, defamatory or obscene material of any kind; nor
will you post or transmit to the Website any information in violation of
another's copyright or intellectual property rights;
- You will not attempt to harvest any screen names or e-mail addresses for any
commercial use; and you will not collect or store personal information about any
other individual on the Website, or otherwise stalk, repeatedly contact or
harass another user;
- You will not impersonate any other person or misrepresent a relationship with
any person or entity, including misrepresenting a relationship with
PropertyRoom, similarly, you will not adopt a false identity if the purpose of
doing so is to deceive or defraud another;
- You will not manipulate the Services so as to hide your identity or
participation in Services on the Website (by using another person's identity,
changing headers, or otherwise modifying any other possible identifier);
- You will not knowingly use any device, software or technique to interfere
with or attempt to interfere with the proper working of the Website; nor will
you redeliver any content using framing, hyperlinks, or other technology without
PropertyRoom's express written permission;
- You will not post any content or other material that contains any viruses,
cancelbots, Trojan horses, harmful code, or other computer software or program
designed to interrupt the Services PropertyRoom provides, users' ability to
enjoy the Services, or the proper functioning of any software, hardware or
equipment or materials used in connection with the Services; and
- You will not send any bulk unsolicited advertising, promotional information,
e-mail or other solicitation (including without limitation junk mail, "spam,"
chain letters or pyramid schemes of any sort) to any person through the use of
the Services, except in areas that specifically authorize you to do so (auction
forums, for instance).
- If you violate any of the rules of conduct set forth above, or any other
aspect of the User Agreement, PropertyRoom reserves the right to suspend or
terminate your rights to use the Services without giving you any notice.
12. YOU AGREE TO COMPLY WITH ALL LAWS
Without limitation to the foregoing, you specifically agree that when you use
the Website or the Service in any way, you will comply at all times with all
applicable federal, state and local laws, statutes, regulations, and ordinances
and will not take any action that harms or violates the rights of any person or
entity.
13. PROPERTYROOM RIGHT TO REGULATE
You authorize PropertyRoom and its contractors to cooperate with any law
enforcement or governmental agency (including non-U.S. agencies and governments)
that is investigating alleged or actual violations of any laws of any
jurisdiction in the United States, which cooperation includes, but is not
limited to, PropertyRoom voluntarily disclosing (i.e., without being subject to
a lawful order to disclose) to the law enforcement and governmental agencies any
or all of Your Information. You acknowledge that PropertyRoom has the right, but
no obligation, to monitor the Website and disclose any information necessary in
connection with the foregoing, or necessary to operate the Website, to protect
PropertyRoom, its licensors and business partners and customers. PropertyRoom
reserves the right to post or remove any information on the Website, in whole or
in part, for any reason.
14. INDEMNITY
You will indemnify and hold harmless PropertyRoom and its subsidiaries and their
respective affiliates, directors, officers, shareholders, employees, agents,
printers, contractors, co-branders, suppliers, internet service providers, and
partners from any loss, cost, claim, demand or other harm of any kind, including
reasonable attorneys' fees, due to or arising out of:
- Your Information;
- Your use of the Website or Services;
- The use of the Website or Services by any person who uses the Website or
Services while logged on under your user name and password;
- Your default under any provision in the User Agreement; and
- Your violation of any laws or of any rights of a third party.
15. BREACH
Without limiting other remedies, PropertyRoom may immediately issue a warning,
temporarily or indefinitely suspend or terminate your membership and refuse to
provide Services to you if (a) you breach the User Agreement; (b) PropertyRoom
is unable to verify or authenticate any information you provide to PropertyRoom;
or (c) PropertyRoom believes that your actions may cause legal liability for
you, other users or PropertyRoom.
16. ASSESSMENT OF CONDITION OF GOODS
PropertyRoom may, but is not required, provide an assessment of the condition or
other characteristics or properties of an item listed on the Website.
PropertyRoom reserves the right to change its assessment of the condition or
other characteristics or properties of any item and/or update the contents of
any listing at any time without notice. Any such assessment of the condition or
other characteristics or properties of an item (such as, by way of example and
not limitation, “new,” “excellent,” “very good,” “good,” “fair,” “poor” or
“untested”) represents PropertyRoom’s good faith opinion of the condition or
other characteristics or properties of the item, based upon a visual inspection
of the item and such other activities deemed appropriate by PropertyRoom. This
assessment is subjective in nature and PropertyRoom’s opinion concerning the
condition or other characteristics or properties of an item is not a
representation or warranty. Without limitation to the foregoing, an assessment
by the purchaser or any third party of the condition or other characteristics or
properties of the item may not match PropertyRoom’s opinion. In the event that
you believe that PropertyRoom has made an error in its assessment, a return can
be requested pursuant to the
Shipping and Returns Policy. PropertyRoom reserves
the right to make minor repair and/or adjustments to an item to meet the item
description.
17. DISCLAIMER OF WARRANTIES
YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, THE
SERVICES AND ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE,
THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR SERVICES
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PROPERTYROOM DISCLAIMS, ON
ITS OWN BEHALF AND, WHEN ACTING AS AN AGENT, ON BEHALF OF ITS PRINCIPAL, ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS
ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. PROPERTYROOM MAKES NO WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE QUALITY, ACCURACY
OR RELIABILITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR SERVICES PROPERTYROOM MAKES
NO WARRANTY THAT THE WEBSITE, SERVICES OR ANY GOODS OR SERVICES PURCHASED OR
OBTAINED THROUGH THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR
EXPECTATIONS, THAT USE OF THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. IT
IS YOUR RESPONSIBILITY, AND IT IS NOT THE RESPONSIBILITY OF PROPERTYROOM, TO
HAVE KNOWLEDGE OF, OBEY, OR COMPLY WITH ANY APPLICABLE FEDERAL, STATE OR LOCAL
LAWS AND REGULATIONS REGARDING TRANSPORTATION, HANDLING, STORAGE, PURCHASING,
POSSESSION, USE, MISUSE OR OWNERSHIP OF THE ITEMS SOLD ON OUR WEBSITE. NO
ADVICE, OPINIONS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM
PROPERTYROOM OR THROUGH THE WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY. ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE
AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL. Some jurisdictions do not allow the exclusion of certain warranties,
so the some of the foregoing exclusions may not apply to you. This warranty
gives you specific legal rights and you may also have other legal rights which
vary from jurisdiction to jurisdiction.
18. LIMITATION OF LIABILITY
PROPERTYROOM WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
PROPERTYROOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM (A) THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICES; (B) YOUR
PURCHASE OF ANY PRODUCT, ITEM, GOOD OR SERVICE THROUGH THE WEBSITE OR SERVICES;
(C) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE OR SERVICES; (D)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (E) ANY OTHER MATTER
RELATING TO THE WEBSITE OR SERVICES. PROPERTYROOM’S LIABILITY, AND THE LIABILITY
OF OUR PRINTERS, SUPPLIERS, CONTRACTORS AND VENDORS, TO YOU OR ANY THIRD PARTIES
IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF $100 OR THE AMOUNT OF FEES YOU
HAVE PAID TO PROPERTYROOM IN THE 12 MONTHS BEFORE THE ACTION GIVING RISE TO
LIABILITY. Some states do not allow certain limitations of liability, so the
foregoing limitations may not apply to you.
19. LINKS
The Website may provide, or third parties may provide, links to other World Wide
Web sites or resources. PropertyRoom will not be responsible for the
availability of any external sites or resources to which PropertyRoom hyperlinks
("Linked Sites"), and does not endorse and is not responsible or liable for any
content, advertising, products, or other materials on or available from Linked
Sites. PropertyRoom will not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any content, goods or services available on or through any
Linked Sites.
20. PROPERTYROOM PROPRIETARY RIGHTS
The Website and any necessary software used in connection with it ("Software")
contain proprietary and confidential information that is protected by applicable
intellectual property and other laws. Content contained in sponsor
advertisements or information presented to you on the Website may be protected
by copyrights, trademarks, service marks, patents or other proprietary rights
and laws. Except as expressly authorized by PropertyRoom or its advertisers, you
shall not modify, rent, lease, loan, sell, distribute or create derivative works
based on the Website or the Software, in whole or in part. You will not access
the Website by any means other than through the interface that is provided by
PropertyRoom for use by the public in accessing the Website.
21. PROHIBITED PRODUCTS; THIRD PARTY PROPRIETARY RIGHTS
It is the policy of PropertyRoom not to permit the sale through the Website of
any items that are illegal or hazardous or infringe upon any patent, trademark,
copyright, or other intellectual property right (arising under the laws of any
jurisdiction) or other proprietary right of any third party (“Prohibited
Products”), including but not limited to explosives, firearms, poisons,
pharmaceuticals, counterfeit or unauthorized copyrighted material
(“knock-offs”), unauthorized replicas (such as counterfeit watches, handbags,
clothing or accessories) or pirated copies (such as copies of software, video
games, music, movies, TV programs, or photos).
If you believe the materials comprising any listing infringes upon any third
party’s intellectual property rights or that any item identified in a listing is
a Prohibited Product, please refer to the
Intellectual Property and Prohibited
Product Policy.
22. NO AGENCY
No agency, fiduciary, partnership, joint venture, employee–employer or
franchiser-franchisee relationship is intended or created by the User Agreement.
23. NOTICE
Notices from PropertyRoom to you and from you to PropertyRoom may be given by
either email or regular mail. Notice is deemed given 24 hours after an email is
sent, unless the sending party is notified that the email address is invalid. If
PropertyRoom uses the US mail to send you a notice, the notice will be deemed
given three days after the date of mailing. The Website may also provide notices
of changes to the User Agreement or other matters by displaying notices or links
to notices to you generally on the Website.
24. ARBITRATION
Any controversy or claim arising out of or relating to the User Agreement or our
Services (other than claims for non-monetary equitable relief) shall be settled
by binding arbitration in accordance with the commercial arbitration rules of
the American Arbitration Association. Any such controversy or claim shall be
arbitrated on an individual basis, and shall not be consolidated in any
arbitration with any claim or controversy of any other party. Without limitation
to the other limitations set forth in the User Agreement, in any arbitration
proceeding, the tribunal may award only compensatory damages and is not
empowered to award punitive or exemplary damages. The arbitration shall be
conducted in Los Angeles or Orange County, California, and judgment on the
arbitration award may be entered into any court having jurisdiction thereof.
Either you or PropertyRoom may seek any equitable relief from a court of
competent jurisdiction in Orange County, California, necessary to protect the
rights or property of you or PropertyRoom pending the completion of arbitration.
You and PropertyRoom hereby submit to the personal jurisdiction of the courts
located in Orange County, California for purposes of enforcement of an
arbitration award or for purposes of any action seeking equitable relief.
25. GENERAL INFORMATION
The User Agreement (including any material incorporated by reference) is the
entire agreement between you and PropertyRoom and governs your use of the
Website and the Services. The User Agreement supersedes any prior agreements
between you and PropertyRoom. You also may be subject to additional terms and
conditions that may apply when you use third-party content, software or
services. The User Agreement and the relationship between you and PropertyRoom
will be governed by the laws of the State of California without regard to its
conflict of law provisions. The failure of a party to exercise or enforce any
right or provision of the User Agreement will not constitute a waiver of the
right or provision. The headings in the User Agreement are inserted for
convenience of reference only and shall not constitute a part hereof. Nothing in
the User Agreement is intended nor shall it be construed to confer any rights or
remedies upon any person or entity other than you and PropertyRoom. Whenever
possible, each provision of the User Agreement will be interpreted in such a
manner as to be effective and valid under applicable law, but if any provision
of the User Agreement is held to be prohibited by or invalid under applicable
law, such provision will be ineffective only to the extent of such prohibition
or invalidity, without invalidating the remainder of such provision or the
remaining provisions of the User Agreement and the parties agree that the court
or arbitrator should endeavor to give effect to the parties' intentions as
reflected in the invalidated provision, and the other provisions of the User
Agreement remain in full force and effect.
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