(Effective as of 12/1/2022)
Welcome to www.propertyguard.io, a website (the “Site”) operated by ADPG LLC (the “Company”).Please review these Terms carefully. By accessing or using the Site, you show you agree to these Terms. If you don’t agree to these Terms, you may not access or use the Site.
ABOUT THE SITE
The Site lets you learn about the Company’s service (“Service”). (Where relevant, these Terms apply to your use of both the Site and Service.)
The paid Service lets property management companies, homeowners’ associations, and municipalities monitor short-term rentals (e.g., Airbnb’s) at properties they own/manage/have jurisdiction over. The Service takes information from its users (property addresses, images, etc.) and monitors short-term rental sites to attempt to match property information to those listings.
You will also be asked to create a password.
Also, please note that the Site and Service under constant development. New features may be added frequently, so it’s important to check back to this page for updates. The Company reserves the right to make changes to the Service but shall not delete material services.
To use the paid Service, you will be charged fees as set forth in your order form (which incorporates these Terms). This fee is currently collected via Stripe (our "Billing Service Provider"), which has its own legal terms, or via ACH or check.
You will be required to provide the Company and/or its Billing Service Provider with information regarding your credit card or other payment method. You represent and warrant that such information is true and that you are authorized to use the payment method.
You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date). You hereby authorize the Company to bill you in accordance with the terms of your plan until you terminate your account, and you agree to pay any charges so incurred. If you dispute any charges, you must notify the Company within thirty (30) days after the date that you are billed or you waive your right to dispute the charge.
Upon renewal of your subscription, we reserve the right to change the fees charged to you. If the Company does change its fees, the Company will provide notice of the change on the Site or in email to you, at Company’s option, at least fourteen (14) days before the change is to take effect. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the changed amount. Your subscription will automatically renew for another term of the same length of time as your current term, unless you terminate at least thirty (30) days before the end of the current term.
All fees are due to be paid thirty (30) days after the commencement of the Service. Overdue amounts shall incur interest at the lesser of 1.5% per month or the highest rate allowed under applicable law. Subscriber agrees to pay all costs of collection, including any legal fees and expenses incurred by the Company in connection with the Company’s collection efforts. Without limitation to any other remedy available to the Company as described in these Terms, the Company reserves the right to terminate your account without further notice if payment is more than fifteen (15) days late.
You can terminate your use of the Service, change your password, and otherwise manage your account by contacting the Company at firstname.lastname@example.org or (855) 933-0731.If you properly terminate your paid account, you will not be charged for future terms. However, you will not receive a refund for an unused portion of a term for which you have already paid.
USE OF THE SITE
You need to be at least 18 years old to use the Site and Service.
You hereby affirm we have the right to terminate your account with or without prior notice or cause, for any reason, and at any time.
You agree to provide Company with accurate active and current rent roll and/or or tenant rosters for each property you wish to monitor, including first and last name, address, city and zip (collectively, “User Content”) every thirty (30) days or as requested by Company. You understand that Company cannot provide the Service without this information. You affirm that you have the right to provide this information to the Company, and that you have obtained any consents needed to allow you to provide this information.
Your permission to use the Site is conditioned upon the following restrictions and conditions. You agree that you will not:
MONITORING AND COMPLIANCE
Although the Company is not obligated to monitor access to or use of the Site or to review or edit any User Content, we have the right to do so for the purpose of operating the Site, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to the Site or any content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
You acknowledge and agree that the Company and its licensors retain ownership of all intellectual property rights of any kind related to the Site (except for User Content), including applicable copyrights, trademarks, and other proprietary rights. The Company reserves all rights that are not expressly granted to you under these Terms.
By agreeing to these Terms, you grant the Company a limited right and license to use your trademarks, logos, User Content, and trade dress (“Marks”) in connection with the provision of the Service, and to list you as a client in the Company’s website and marketing materials. Should you provide them, we will comply with any usage restrictions of the Marks provided to us by you. The Company is not granted any further license to use the Marks except as provided herein.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements of the Site (“Feedback”). You may submit Feedback by emailing us at email@example.com. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that you own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.
You agree to indemnify, defend, and hold harmless the Company from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party (including your tenants) related to: (a) your use or attempted use of the Site or Service, whether or not in violation of these Terms; and (b) your violation of any law or rights of any third party.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you (a) consent to receive emails via the email address you have submitted when you sign up on the Site; and (b) agree that all Terms, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
The Company may also use your email address to send you other messages, including information about the Company and Site and special offers. You may opt out of such email by changing your account settings or sending an email to firstname.lastname@example.org.
ONLINE CONTENT DISCLAIMER
The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Site or obtained via the Service. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site, or transmitted to users via the Service.
THE SITE AND SERVICE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SITE AND SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. COMPANY DOES NOT WARANT THAT THAT THE SERVICE WILL ACCURATELY DETECT ANY AND ALL SHORT-TERM RENTAL LISTINGS AT A SPECIFIC ADDRESS. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR BUSINESS OPERATIONS, AS WELL AS UPLOADING, DOWNLOADING, AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL SENT TO OR OBTAINED FROM THE SITE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SITE; (C) THE SITE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SITE AND SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), FRAUD, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL COMPANY’S LIABILITY TO YOU EXCEED WHAT YOU PAID FOR THE SERVICE IN THE THREE (3)-MONTH PERIOD BEFORE SUCH CLAIM AROSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION, IN PART OR IN WHOLE, MAY NOT APPLY TO YOU.
The Company can amend these Terms at any time. It’s your responsibility to check the Site from time to time to view any such changes. If you continue to use the Site and Service, you show your agreement to our revisions to these Terms. Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of these Terms by the Company via telephonic or email communications shall be valid.
If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision. Our rights under these Terms will survive any termination of these Terms.
You agree that any legal action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms and your use of the Site and Service are governed by the federal laws of the United States of America and the laws of the State of Delaware, without regard to conflict of law provisions.
You agree to resolve any claims relating to these Terms or the Site through final and binding arbitration. Any arbitration will be conducted by the American Arbitration Association (AAA) under its commercial arbitration rules. The arbitration will be held in Delaware.
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE COMPANY MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
If you attempt to bring any legal action against the Company based in any way on the Site you agree that, in the event you do not prevail or the Company does prevail, you will reimburse the Company for any costs and attorneys’ fees associated with its defense of the action.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: Current rates for the Service are as set forth in your Order Form. You may contact us at email@example.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.