Innercircuit Terms of Use
Welcome to Innercircuit! Before you begin using Innercircuit you must read and agree to these Innercircuit Terms of Use (“Terms of Use”) and the following terms and conditions and policies, including any future amendments (collectively, the “Agreement”):
This site is a private website administered jointly by your property management company and Innercircuit, Inc. (“Innercircuit”), which is a technology company that assists your property management in setting up and managing the community site. Your use of the site is subject to the following terms and conditions. Additionally, whenever you use any specified service available on the site (for example, the Feedback Form), you will be subject to the rules, terms, conditions and guidelines that apply to such service. The terms “we” or “us” in this policy shall refer to your property.
Before using the site or any of the services available on the site, please read all of the following terms and conditions carefully. By clicking the “I?ve read and agree to the Terms of Use Agreement” button at the bottom of this page, you agree to be legally bound and to abide by these terms and conditions. If you do not agree to these terms and conditions, please do not use this site. Please note that we may periodically make changes to these Terms of Use that we will include on this page. Therefore, please review these Terms of Use frequently to remain informed about any changes to it. Your continued use of this site shall constitute your acceptance of any changes to the then-current version of these Terms of Use.
RULES OF USER CONDUCT
By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will to upload, post, or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data, or other information, that:
1.Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another?s privacy, tortious, contains explicit or graphic descriptions or account of sexual acts, otherwise as defined as pornographic, or otherwise violates these terms and conditions.
TRADEMARK NOTICE
Any graphics, logos, service marks or trademarks of your property management company or Innercircuit that appear on the site may not be used in connection with any service or product in any manner that is likely to cause confusion among users or customers, or in any manner that disparages or discredits your property management company or Innercircuit.
USE OF THIS SITE
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by your property management company. Your community reserves the right to refuse service, terminate accounts, and/or cancel service requests with its sole discretion, including without limitation, if your property management company believes that customer conduct violates applicable law or is harmful to the interests of your community.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL YOUR COMMUNITY, ITS SUBSIDIARIES OR AFFILIATES OR INNERCIRCUIT BE LIABLE TO ANY SUBSCRIBER OR USER OF THE SITE FOR ANY PROPERTY DAMAGE, LOST PROFITS, BODILY INJURY, LOST DATA, BUSINESS INTERRUPTION OR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM ANY SUBSCRIBER?S USE OF OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF YOU COMMUNITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, YOUR PROPERTY?S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT REQUIRED BY LAW.
DISCLAIMER OF WARRANTIES
THIS SITE AND ALL MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON THIS SITE ARE PROVIDED ON AN ?AS IS? AND ?AS AVAILABLE? BASIS. NEITHER YOUR COMMUNITY NOR INNERCIRCUIT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AND/OR STATUTORY OR OTHERWISE, AS TO THE OPERATION OF THE SITE, THE AVAILABILITY OF THIS SITE, OR THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, YOUR COMMUNITY AND INNERCIRCUIT DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
INDEMNIFICATION
Upon a request by your community or Innercircuit, you agree to defend, indemnify, and hold harmless your property and/or Innercircuit, as the case may be, and its subsidiaries and affiliates, and their employees, officers and directors from all liabilities, claims and expenses, including attorney's fees, that arise from your use or misuse of the Site. Your community and Innercircuit reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which you will cooperate with your property and/or Innercircuit, as the case may be, in asserting any available defenses.
CHOICE OF LAW
These terms and conditions shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules.
INTERNATIONAL USE
Your community makes no representation that materials on this site are appropriate or available for use in locations outside the United States. Those who choose to access this site from locations outside of the United States do so on their own initiative and are responsible for compliance with local laws.
RELEASE
You agree to release your property management company and/or Innercircuit and its officers, directors, agents, subsidiaries, joint ventures and employees from any and all claims, demands, and damages (actual and/or consequential or otherwise), of every kind and nature arising out of or in any way connected with your use of this site. If you are a California resident, you hereby agree to waive any and all terms of the California Civil Code Section 1542 which states:
“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/her, must have materially affected his/her settlement with the debtor.”
TERMINATION
Your community reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without notice.
SEVERABILITY AND INTEGRATION
These terms and conditions constitute the entire agreement between you and your property with respect to this site and supersedes all prior to contemporaneous communications and proposals (whether written, oral or electronic) between you and your community with respect to this site. If any part of these terms and conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
ELECTRONIC TRANSFERS
By entering into this Agreement, you are requesting a monthly electronic debit from or credit to your property manager?s account through Innercircuit. In accordance with such request, Innercircuit will make the electronic transfers via the automated clearing house (ACH) system from your account in the amount specified in the Agreement. You agree that such request constitutes your authorization for such transfers.
CREDIT CARD POLICY
Once any charge has been processed and authorized by you through the use of your credit card account, you agree that you shall not request your credit card company to reverse the charges or charge it back to Innercircuit. If, for whatever reason, you believe you have a legitimate basis to request a credit for a credit card previously processed against your credit card account, you agree that you shall contact your property management company as Innercircuit is not responsible for a credit that you authorize. Any reverse charges which cause the credit card company to impose a charge-back cost against Innercircuit shall be reimposed by Innercircuit on your account and you agree to be liable for such charges. Such cost may in some circumstances actually exceed the cost of the reverse item or charge back. You agree to indemnity and hold Innercircuit harmless from any and all costs and liability.
In the event of a refund requested by your management company, you as the card holder agree to provide to Innercircuit all of the following information to assure a proper credit and/or refund:
1. You will verify you are the card holder for such transaction to be refunded and provide to Innercircuit and/or its representatives verification of the card holder name, the actual account number on the card, any other information requested to process the same, billing address, date of transaction, the amount, the property management company, the property address, and any and all additional information requested by Innercircuit?s representatives. These additional verifications can include, but not be limited to, copy of the credit card, copy of the Driver?s License matching the name on the credit card, billing statement showing the debit and the account number on the credit card, copy of Driver?s License matching the statement of the credit card.
GENERAL
Any claim or dispute arising out of the Agreement shall be resolved through binding arbitration conducted by telephone, on-line, and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS, in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The Agreement is governed by and interpreted under the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California by California residents. Notwithstanding the foregoing sentence, the Federal Arbitration Act (“FAA”), and all of its rules and procedures, shall govern the Agreement to the extent that the FAA is inconsistent with California law. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Lessee agrees that the Agreement may be automatically assigned by Innercircuit, in its sole discretion, to a third party in the event of a merger or acquisition. This Agreement and the documents it incorporates sets for the entire understanding between the parties with respect to the subject matter and it shall survive any termination or expiration of the Agreement.