FISCH PROPERTIES, LP WEBSITE/PORTAL AGREEMENT
Any portals on the Fisch Properties, LP, a California limited liability company (hereafter, "Fisch Properties, LP ", "we", "us", or "our") Website (the “Website”) and all linked portals or websites that are included or incorporated therein, including, without limitation the AppFolio Portal (collectively ”the "Portal") is a service of and Portal providers. As used herein, all references to Fisch Properties, LP means Fisch Properties, LP and its related or affiliated entities, and their respective directors, members, managers, officers, representatives, employees, consultants, agents, contractors, service providers, suppliers and licensors.
Use of the Portal requires a user ID and password and/or additional authentication for access. Use of in-Portal services requires additional information
SCOPE OF AGREEMENT
This agreement governs access to, and all use of, the Website and Portal .
ACCEPTABLE USE: ACCOUNT HOLDER OBLIGATIONS
Content provided on the Website and Portal may be viewed and used only for its intended purposes. Website and Portal user account holders are responsible for all activities occurring on their account and any consequences arising from those activities, or for any misuse, failure to properly use, unauthorized viewing, use or disclosure of Content, or inability to use the Website, the Portal, any Content contained therein, or accessed through the Website and/or Portal.
ACCOUNT INFORMATION SECURITY
As an account holder, you recognize and agree that you alone are responsible for the use of any password(s) and/or User ID(s) provided to you in connection with the Portal and/or Website including any service made available to you through the Website and/or Portal. You will not disclose any such password(s) and/or User ID(s) to a third party. You will take all reasonable steps to protect the confidentiality of each such password and User ID. Should you become aware of or suspect any unauthorized use of any of your passwords or User IDs, you will notify Fisch Properties, LP and any of its service providers using your information, including, without limitation, AppFolio, immediately.
Unless otherwise expressly stated, the Website and Portal and all Content contained therein are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, statutory or otherwise. Fisch Properties, LP shall not be responsible for any detrimental reliance you may place on the Website and/or Portal or contained therein. To the fullest extent permitted by applicable law, Fisch Properties, LP disclaims all warranties or conditions, express or implied, including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose and reasonably acceptable quality, title, non-infringement with respect to the Website and/or Portal and any Content obtained or accessible therefrom, any website with which the Website and/or Portal is linked and any products or services made available to you in connection with the Website and/or Portal. The entire risk as to the accuracy and use of any of the Content available on or through the Website and/or Portal and the results and performance of the Content, are assumed by you. Fisch Properties, LP does not represent or warrant that the Website and/or Portal or any of its Content is accurate, complete, reliable, current or secure. Without limiting the foregoing, Fisch Properties, LP does not warrant that: the functions, information or links contained on the Website and/or Portal or that any Content therein will meet your requirements; that the Website and/or Portal and the Content contained therein , are fit for any particular purpose; or that the operations of the Website and/or Portal and the Content contained therein will be uninterrupted or error-free or accurate; that defects will be corrected, or that the Website and/or Portal (including the software, server(s) or other components that make up the Website and/or Portal ), and the Content available therein are free of viruses, worms or other harmful components.
LIMITATION OF LIABILITY
USER AGREES THAT UNDER NO CIRCUMSTANCES – INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE – SHALL FISCH PROPERTIES, LP BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES THAT RESULT FROM, OR ARISE IN CONNECTION WITH: THIS AGREEMENT (OR ANY DOCUMENT INCORPORATED BY REFERENCE); THE CONTENT; THE USE OR INABILITY TO USE THE WEBSITE AND/OR PORTAL, CONTENT, OR MATERIALS ACCESSIBLE FROM OR OBTAINED THROUGH THE WEBSITE AND/OR PORTAL, EVEN IF ANY ENTITY OF FISCH PROPERTIES, LP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BY YOU OR ANY OTHER PARTY. IN NO EVENT SHALL TOTAL LIABILITY OF FISCH PROPERTIES, LP TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO ACCESS OR USE THE WEBSITE. USER HEREBY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHTS USER MAY OTHERWISE HAVE WITH REGARD TO ANY OF SUCH DAMAGES.
USER HEREBY AGREES TO ASSUME ALL RISKS ARISING FROM THE USE OF THIS WEBSITE AND/OR PORTAL. USER EXPLICITLY UNDERSTANDS AND HAS BEEN MADE AWARE THAT FISCH PROPERTIES, LP IS SHARING USER’S INFORMATION WITH OTHER SERVICE PROVIDERS, INCLUDING, WITHOUT LIMITATION, APPFOLIO. USER DISCHARGES ALL CLAIMS, CAUSES OF ACTION, AND DEMANDS, WHATSOEVER ARISING FROM USE OF THIS WEBSITE AND/OR PORTAL, INCLUDING, BUT NOT LIMITED TO DATA BREACHES BY THIRD PARTIES.
These terms and conditions and any policies, guidelines or other agreements incorporated or provided by Fisch Properties, LP constitute the entire agreement between Fisch Properties, LP and you with respect to your use of the Website and/or Portal. Notwithstanding the foregoing, any products or services which you use through the the Website and/or Portal shall be subject to all terms and conditions relating to such product or service provided to you from time to time including, without limitation, all terms and conditions posted on the Website and/or Portal and all terms and conditions delivered to you (in any manner or form) in connection with any products or services accessed or used.
All of the provisions of this Agreement (and any documents incorporated by reference) that by their nature are intended to survive, including but not limited to disclaimers, limitations on liability and indemnifications but not warranties, shall survive termination of this Agreement and you agree to remain bound by those provisions.
AMENDMENT OF AGREEMENT
This Agreement and any policies, guidelines, or schedules contained herein may be amended by Fisch Properties, LP from time to time. Your acceptance of the Agreement and any policies, guidelines, or schedules contained herein, as amended, is required for your continued access to some or all of the Website and/or Portal or the products and services accessible through the Website and/or Portal, including the services offered by AppFolio. Your continued use of the Website and/or Portal constitutes your acceptance of any changes made to this Agreement.