Property Manager Terms and Conditions

these terms of service ("tos") govern your access to and use of the property portal platform ("property portal"), made available by fancycom, inc ("fancy" "we," "us," or "our") the tos cover commercial use of the property portal, and such commercial use is also governed by the terms of use docid\ nepsljo pb99nlgu0dt2i and privacy policy docid 07wnwn9dtnooz19n pun , which collectively form an agreement (“terms”) between you and fancy further, if you are an entity using the property portal pursuant to these terms, you may make available such products to your employees and representatives for their use on your behalf or for your benefit, in which case references to “you” or “your” herein will also include such employees and representatives if you are an individual engaged in any commercial use of the property portal, you represent and warrant that you are not doing so as an individual consumer further, as an individual engaged in any commercial use of the property portal, you represent and warrant that you have the legal authority to bind to the terms any entity on behalf of which, or for whose benefit, you are using the property portal if you are an entity engaged in any commercial use of the property portal, you represent and warrant that you (a) have the legal authority to bind to the terms those employees and representatives to whom you make available the property portal for their commercial use; (b) will be responsible for the acts or omissions of such employees and representatives in connection with their commercial use of the property portal; and (c) are solely responsible for setting and managing access permissions within your organization 1\ no agency relationship your use of the property portal does not create any partnership, joint venture, agency, fiduciary, or employment relationship between you and fancy you acknowledge that fancy is not a party to any transaction or communication between you and your tenants 2\ communications disclaimer fancy provides tools that may allow you to send messages to tenants via the property portal you are solely responsible for all content of such communications fancy does not review, moderate, or control such content and disclaims all liability arising from communications sent through the property portal you agree not to use the property portal to send any communication that violates applicable law; is misleading, harassing, discriminatory, or deceptive; infringes intellectual property or privacy rights of any third party 3\ incentives and promotions fancy, or its advertising partners, may from time to time provide cashback offers, incentives, promotions, or campaigns these are subject to change or termination without notice at fancy’s sole discretion you are not authorized to independently offer or modify such cashback offers, incentives, promotions, or campaigns without express written approval from fancy 4\ license to fancy you hereby grant fancy a non exclusive, worldwide, royalty free license to use, display, host, reproduce, and distribute any content, logos, trademarks, images, or other materials you upload to the property portal for the purpose of operating and promoting the platform you represent and warrant that you have all necessary rights to grant this license and that the content does not infringe any third party rights 5\ disclaimers and limitations of liability to the fullest extent permitted by law the property portal is provided "as is" and "as available" without warranties of any kind; fancy disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non infringement; fancy does not guarantee uninterrupted or error free operation of the property portal fancy does not control or direct what third parties do or say, and fancy is not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content) you expressly acknowledge and agree that your access to and use of the property portal is at your sole risk no oral or written information, guidelines, or advice given by fancy will create a warranty fancy shall not be liable for any lost profits, revenues, information, data, or content, or for any consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these terms, however caused and on any theory of liability, including negligence, even if we have been advised of the possibility of such damages our total liability shall not exceed $100 or the amount you paid to fancy in the preceding 12 months, whichever is greater the laws of some jurisdictions do not allow the disclaimer of implied warranties or certain types of damages, so some or all of the disclaimers and limitations of liability in this section may not apply to you 6\ high risk use you may not use the property portal in connection with activities that pose a high risk of death, injury, or property damage fancy disclaims any liability for such use 7\ indemnity you agree to indemnify, defend, and hold harmless fancy and its affiliates, officers, directors, employees, representatives and agents from and against any claims, losses, damages, liabilities, and expenses (including attorneys' fees) arising out of or related to your use of the property portal; your violation of these terms or applicable law; any actual or alleged breach by you (or by any third party to whom you made available access or use of the property portal) of the terms or any other applicable terms, policies, warnings, or instructions provided by fancy or a third party in relation to the property portal, any content or communication you provide; access to the property portal by your agents or representatives in the event that you provide a defense to such a claim, you agree that fancy shall be consulted regarding, and shall have the right to approve (at our sole discretion), defense strategy, any appeal, and any settlement of the claim, shall have the right to select defense counsel, and may further participate in the defense of the claim with counsel of our own choice at our own expense 10\ dispute resolution; arbitration this section affects your rights, so please read carefully in the event the parties hereto are not able to resolve any dispute between them arising out of or concerning the terms, or any provisions hereof, whether arising in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved exclusively through non appearance based final and binding arbitration pursuant to the federal arbitration act, conducted by a single neutral arbitrator and administered under the commercial arbitration rules of the american arbitration association except as otherwise provided in the terms, this includes any claims based in contract, statute, tort, fraud, misrepresentation, or any other legal theory the exclusive venue of such arbitration shall be in irvine, california the arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees this arbitration provision shall survive the termination of the terms for any reason notwithstanding the foregoing, fancy may bring a claim for injunctive relief against your violation of the terms in any court of competent jurisdiction there is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court and must apply the law and follow the terms of the terms as a court would 11\ modifications fancy may update these terms at any time if changes materially affect your use of the property portal, we will notify you in advance where required by law continued use of the property portal after such updates constitutes your acceptance 12\ termination; survival these terms remain in effect until terminated fancy may suspend or terminate access to the property portal at any time, with or without cause additionally, fancy may terminate the tos and/or terms at any time, with or without cause upon any such termination, sections \[section nos] will survive 13\ general these terms constitute the entire agreement between you and fancy concerning the property portal if any provision is unenforceable, the remainder will remain in effect fancy may assign its rights and obligations under these terms without restriction no third party beneficiaries are intended