Universal Terms of Service Agreement
Property Manager Insider.com
Last Revised: January 1, 2019
PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
1. OVERVIEW
This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between AltaVista Strategic Partners LLC, a Maryland limited liability company and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of AltaVista Strategic Partners products and services (individually and collectively, the “Services”) purchased or accessed through Property Manager Insider.com website (this “Site”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services you purchase or access through this Site.
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and agreements, which are incorporated herein by reference:
Privacy Policy
Anti-Spam Policy
Civil Subpoena Policy
Criminal Subpoena Policy
Dispute On Transfer Away Form
ICANN Transfer Dispute Resolution Policy
Trademark and/or Copyright Infringement Policy
Brand Guidelines
Permissions Policy
Direct Affiliate Program Service Agreement
The terms “we”, “us” or “our” shall refer to AltaVista Strategic Partners, LLC. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
AltaVista Strategic Partners, LLC, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. You acknowledge and agree that (i) AltaVista Strategic Partners, LLC may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site. In addition, AltaVista Strategic Partners, LLC may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account (“Account”) information, including your email address, current. AltaVista Strategic Partners, LLC assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.
2. ELIGIBILITY; AUTHORITY
This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.
If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, AltaVista Strategic Partners, LLC finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. AltaVista Strategic Partners, LLC shall not be liable for any loss or damage resulting from AltaVista Strategic Partners, LLC reliance on any instruction, notice, document or communication reasonably believed by AltaVista Strategic Partners, LLC to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, AltaVista Strategic Partners, LLC reserves the right (but undertakes no duty) to require additional authentication from you.
3. ACCOUNTS; TRANSFER OF DATA ABROAD
Accounts. In order to access some of the features of this Site or use some of the Services found at this Site, you will have to create an Account. You represent and warrant to AltaVista Strategic Partners, LLC that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If AltaVista Strategic Partners, LLC has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, AltaVista Strategic Partners, LLC reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below), and shopper PIN. For security purposes, AltaVista Strategic Partners, LLC recommends that you change your password and shopper PIN at least once every six (6) months for each Account you have with AltaVista Strategic Partners, LLC. You must notify AltaVista Strategic Partners, LLC immediately of any breach of security or unauthorized use of your Account. AltaVista Strategic Partners, LLC will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss AltaVista Strategic Partners, LLC or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
Transfer of Data Abroad. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
4. GENERAL RULES OF CONDUCT
You acknowledge and agree that:
Your use of this Site and the Services found at this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
You will not impersonate another User or any other person or entity, or submit content on behalf of another User or any other person or entity, without their express prior written consent.
You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
You will not use this Site or the Services found at this Site in a manner (as determined by AltaVista Strategic Partners, LLC in its sole and absolute discretion) that:
Is illegal, or promotes or encourages illegal activity;
Promotes, encourages or engages in defamatory, harassing, abusive or otherwise objectionable behavior;
Promotes, encourages or engages in child pornography or the exploitation of children;
Promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class;
Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
Infringes on the intellectual property rights of another User or any other person or entity;
Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
Interferes with the operation of this Site or the Services found at this Site;
Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
Contains false or deceptive language, or unsubstantiated or comparative claims, regarding AltaVista Strategic Partners, LLC or AltaVista Strategic Partners, LLC Services.
You will not copy or distribute in any medium any part of this Site or the Services found at this Site, except where expressly authorized by AltaVista Strategic Partners, LLC.
You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
You will not access AltaVista Strategic Partners, LLC Content (as defined below) or User Content through any technology or means other than through this Site itself, or as AltaVista Strategic Partners, LLC may designate.
You agree to back-up all of your User Content so that you can access and use it when needed. AltaVista Strategic Partners, LLC does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
You will not use this Site or the Services found at this Site, including any of AltaVista Strategic Partners, LLC related technologies, for any commercial use without AltaVista Strategic Partners, LLC express prior written consent.
AltaVista Strategic Partners, LLC reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site, including without limitation prices and fees for the same, at any time.
5. YOUR USE OF AltaVista Strategic Partners, LLC CONTENT AND USER CONTENT
In addition to the general rules above, the provisions in this Section 5 apply specifically to your use of AltaVista Strategic Partners, LLC Content and User Content posted to AltaVista Strategic Partners, LLC corporate websites (i.e., those sites which AltaVista Strategic Partners, LLC directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
AltaVista Strategic Partners, LLC Content. Except for User Content, the content on this Site and the Services found at this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“AltaVista Strategic Partners, LLC Content”), are owned by or licensed to AltaVista Strategic Partners, LLC in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. AltaVista Strategic Partners, LLC Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of AltaVista Strategic Partners, LLC. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. AltaVista Strategic Partners, LLC reserves all rights not expressly granted in and to the AltaVista Strategic Partners, LLC Content, this Site and the Services found at this Site, and this Agreement do not transfer ownership of any of these rights.
User Content. Some of the features of this Site or the Services found at this Site may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to AltaVista Strategic Partners, LLC that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) you do not violate the rights of any third party.
Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any AltaVista Strategic Partners, LLC Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the AltaVista Strategic Partners, LLC Content or the User Content therein.
6. AltaVista Strategic Partners, LLC USE OF USER CONTENT
The provisions in this Section 6 apply specifically to AltaVista Strategic Partners, LLC use of User Content posted to AltaVista Strategic Partners, LLC corporate websites (i.e., those sites which AltaVista Strategic Partners, LLC directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
Generally. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.
With Respect to User Submissions. You acknowledge and agree that:
Your User Submissions are entirely voluntary.
Your User Submissions do not establish a confidential relationship or obligate AltaVista Strategic Partners, LLC to treat your User Submissions as confidential or secret.
AltaVista Strategic Partners, LLC has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.
AltaVista Strategic Partners LLC may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.
AltaVista Strategic Partners, LLC shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.
7. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY
AltaVista Strategic Partners, LLC generally does not pre-screen User Content (whether posted to a website hosted by AltaVista Strategic Partners, LLC or posted to this Site). However, AltaVista Strategic Partners, LLC reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. AltaVista Strategic Partners, LLC may remove any item of User Content (whether posted to a website hosted by AltaVista Strategic Partners, LLC or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by AltaVista Strategic Partners, LLC in its sole and absolute discretion), at any time and without prior notice. AltaVista Strategic Partners LLC may also terminate a User’s access to this Site or the Services found at this Site if AltaVista Strategic Partners, LLC has reason to believe the User is a repeat offender. If AltaVista Strategic Partners, LLC terminates your access to this Site or the Services found at this Site, AltaVista Strategic Partners, LLC may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
8. ADDITIONAL RESERVATION OF RIGHTS
AltaVista Strategic Partners, LLC expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services for any reason (as determined by AltaVista Strategic Partners, LLC in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by AltaVista Strategic Partners, LLC in offering or delivering any Services, (ii) to protect the integrity and stability of, and correct mistakes made, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of AltaVista Strategic Partners LLC, its officers, directors, employees and agents, as well as AltaVista Strategic Partners, LLC affiliates.
AltaVista Strategic Partners, LLC expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.
9. NO SPAM; LIQUIDATED DAMAGES
You acknowledge you have read, understand and agree to be bound by AltaVista Strategic Partners, LLC Anti-Spam Policy referenced above and available here. You agree AltaVista Strategic Partners, LLC may immediately terminate any Account which it believes, in its sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay AltaVista Strategic Partners, LLC liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.
10. TRADEMARK AND/OR COPYRIGHT CLAIMS
AltaVista Strategic Partners, LLC supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to AltaVista Strategic Partners, LLC Trademark and/or Copyright Infringement Policy referenced above and available here.
11. LINKS TO THIRD-PARTY WEBSITES
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by AltaVista Strategic Partners, LLC. AltaVista Strategic Partners, LLC assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, AltaVista Strategic Partners, LLC does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release AltaVista Strategic Partners, LLC from any and all liability arising from your use of any third-party website. Accordingly, AltaVista Strategic Partners, LLC encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
12. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. AltaVista Strategic Partners, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AltaVista Strategic Partners, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND AltaVista Strategic Partners, LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY AltaVista Strategic Partners, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
13. LIMITATION OF LIABILITY
IN NO EVENT SHALL AltaVista Strategic Partners, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT AltaVista Strategic Partners, LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall AltaVista Strategic Partners, LLC total aggregate liability exceed the total amount paid by you for the particular Service that ARE the subject of the cause of action.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
14. INDEMNITY
You agree to protect, defend, indemnify and hold harmless AltaVista Strategic Partners, LLC, Property Manager Insider.com and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by AltaVista Strategic Partners, LLC directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
15. FEES AND PAYMENTS
GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS
You agree to pay any and all prices and fees due for Services purchased at this Site at the time you order the Services. All prices and fees are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. AltaVista Strategic Partners, LLC expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.
Where refunds are issued, AltaVista Strategic Partners, LLC issuance of a refund receipt is confirmation that AltaVista Strategic Partners, LLC has submitted your refund to the Payment Method charged at the time of the original sale. You acknowledge and agree that the associated payment provider and/or individual issuing bank establish and regulate the time frames for posting your refund. Refund posting time frames may range from five (5) business days to a full billing cycle.
Except as prohibited in any product-specific agreement, you may pay for Services by providing a valid credit card. For Services that offer “Express Checkout”, clicking the Express Checkout button will automatically place an order for that Service and charge the primary Payment Method on file for your Account. Confirmation of that order will be sent to the email address on file for your Account. Your Payment Method on file must be kept valid if you have any active Services in your Account.
If you are being billed on a monthly basis, your monthly billing date will be based on the date of the month you purchased the Services.
In order to ensure that you do not experience an interruption or loss of Services, most Services offer an automatic renewal option. The automatic renewal option automatically renews the applicable Service for a renewal period equal in time to the original service period. For example, if your original service period is for one year, your renewal period will be for one year. While the details of the automatic renewal option vary from Service to Service, the Services that offer an automatic renewal option treat it as the default setting. Therefore, unless you disable the automatic renewal option, AltaVista Strategic Partners, LLC will automatically renew the applicable Service when it comes up for renewal and will take payment from the Payment Method you have on file with AltaVista Strategic Partners, LLC AltaVista Strategic Partners, LLC then current rates, which you acknowledge and agree may be higher or lower than the rates for the original service period.
In addition, AltaVista Strategic Partners, LLC may participate in “recurring billing programs” or “account updater services” supported by your credit card provider (and ultimately dependent on your bank’s participation). If you are enrolled in an automatic renewal option and we are unable to successfully charge your existing Payment Method, your credit card provider (or your bank) may notify us of updates to your credit card number and/or expiration date, or they may automatically charge your new credit card on our behalf without notification to us. In accordance with recurring billing program requirements, in the event that we are notified of an update to your credit card number and/or expiration date, AltaVista Strategic Partners, LLC will automatically update your payment profile on your behalf AltaVista Strategic Partners, LLC makes no guarantees that we will request or receive updated credit card information. You acknowledge and agree that it is your sole responsibility to modify and maintain your Account settings, including but not limited to (i) setting your renewal options and (ii) ensuring your associated Payment Method(s) are current and valid. Further, you acknowledge and agree that your failure to do so, may result in the interruption or loss of Services, and AltaVista Strategic Partners, LLC shall not be liable to you or any third party regarding the same.
If for any reason AltaVista Strategic Partners, LLC is unable to charge your Payment Method for the full amount owed for the Services provided, or if AltaVista Strategic Partners, LLC is charged a penalty for any fee it previously charged to your Payment Method, you agree that AltaVista Strategic Partners, LLC may pursue all available lawful remedies in order to obtain payment. If you pay by credit card and if for any reason AltaVista Strategic Partners, LLC is unable to charge your credit card with the full amount owed for the Services provided, or if AltaVista Strategic Partners, LLC is charged back for any fee it previously charged to the credit card you provided, you agree that AltaVista Strategic Partners, LLC may pursue all available lawful remedies in order to obtain payment. You agree that the remedies AltaVista Strategic Partners, LLC may pursue in order to effect payment shall include, but not be limited to, immediate cancellation without notice to you of services registered or renewed on your behalf. AltaVista Strategic Partners, LLC reserves the right to charge you reasonable “administrative fees” or “processing fees” for (i) tasks AltaVista Strategic Partners, LLC may perform outside the normal scope of its Services, (ii) additional time and/or costs Go Daddy may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by AltaVista Strategic Partners, LLC in its sole and absolute discretion). These administrative fees or processing fees will be billed to the Payment Method you have on file with AltaVista Strategic Partners, LLC.
16. UNCLAIMED PROPERTY; DORMANCY CHARGES
Please be advised that if a customer has an outstanding account balance (a credit positive balance) for three (3) years or more for any reason, and (i) AltaVista Strategic Partners, LLC is unable to issue payment to such customer or (ii) AltaVista Strategic Partners, LLC issued payment to such customer in the form of a paper check, but the check was never cashed, then AltaVista Strategic Partners, LLC shall turn over such account balance to the State of Maryland in accordance with state law. You acknowledge and agree that in either case (i) or (ii) above, AltaVista Strategic Partners, LLC may withhold a dormancy charge in an amount equal to the lesser of $15.00 or the total outstanding account balance associated with such customer.
17. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
18. NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
19. U.S. EXPORT LAWS
This Site and the Services found at this Site are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”). Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws. None of the Services found at this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country with which the United States has embargoed trade; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Persons List, or any other denied parties lists under U.S. Export Laws. By using this Site and the Services found at this Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations). If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access this Site or the Services found at this Site. The obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
20. COMPLIANCE WITH LOCAL LAWS
AltaVista Strategic Partners, LLC makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.
21. GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY
This Agreement shall be governed by and construed in accordance with the federal law of the United States and the state law of Maryland, whichever is applicable, without regard to conflict of laws principles. You agree that any action relating to or arising out of this Agreement shall be brought in the state or federal courts of Baltimore, MD and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) jurisdiction and venue in the state and federal courts of Baltimore , MD. You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement.
22. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
23. CONTACT INFORMATION
If you have any questions about this Agreement, please contact us by email or regular mail at the following address:
AltaVista Strategic Partners, LLC Legal Department
6750 McLean Way
Suite 200
Glen Burnie, MD 21060