Terms Of Use

1. ACCEPTANCE OF TERMS


The PropertyZen.Ai website available at www.propertyzen.ai, all related sites, and
the various content, features, and services offered on and in connection with
these sites and applications are owned and operated by Property Zen LLC and can
only be accessed and used by you under the Terms of Use described here in
(“Terms of Use”).


PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE SITES AND SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS AND
CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY
NOT ACCESS AND USE THE SITES AND SERVICES.


 


2. MODIFICATIONS OF TERMS OF USE


Property Zen LLC may, in its sole discretion, modify these Terms of Use at any time
effective upon posting the modified Terms of Use on and in connection with the
Sites and Services, with or without additional notice to you. You are
responsible for regularly reviewing information posted on the Sites and
Services to obtain timely notice of such changes. If you do not agree to the
amended terms, you agree to immediately stop using the Sites and Services and
to provide Property Zen LLC notice to remove you from any distribution lists or
other communication list that are available to you through your use of the
Sites and Services. YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER SUCH
POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND
BY THE MODIFIED TERMS OF USE.


 


3. USE OF THE SITE AND SERVICES


Subject to full compliance with these Terms of Use, Property Zen LLC grants authorized
users a nonexclusive, nontransferable, non-sublicensable, terminable license to
access and use the Sites and Services for your personal use. You agree to not
access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit,
or otherwise exploit the Sites or Services or any of their content for any
purpose except for your personal use and as described in these Terms of Use. Property
Zen LLC may modify, update, suspend or discontinue the Sites and Services, in
whole or in part, at our sole discretion for any or no reason, at any time and
with or without notice. Property Zen LLC shall not be liable to any user or
other third party for any such modification, update, suspension or
discontinuance.


 


4. USER CONDUCT


As a condition of your access and use of the Sites and Services and your
submission or access to any ratings, reviews, communications, information,
data, text, photographs, audio clips, audiovisual works, or other materials on
the Sites and Services (collectively, the “Content”), you agree not to use the
Sites and Services for any purpose that is unlawful or prohibited by these
Terms of Use, or any other purpose not reasonably intended by Property Zen LLC.
By way of example, and not as a limitation, you agree not to:



violate these Terms of
Use, other applicable agreement with Property Zen LLC , and any applicable
local, state, national or international law, and any rules and regulations
having the force of law;
use the Sites and Services
in any manner that violates any relevant law or that infringes,
misappropriates or violates any third party’s rights, including, but not
limited to, transmitting any Content that may infringe, misappropriate or
violate a third party’s rights of publicity, contractual rights, fiduciary
rights or intellectual property rights;
use the Sites and Services
or its Content for any purposes not authorized by these Terms of Use,
including commercial, political, or religious purposes, including the
submission or transmission of any Content that contains advertisements,
promotional materials, junk mail, or any other form of solicitation;
reproduce, duplicate,
copy, modify, sell, re-sell or exploit any Content or the Sites and
Services for any commercial, educational, or any other non-personal
purpose or any for any purpose unrelated to your personal purchasing
decisions, without the express written consent of Property Zen LLC , which
consent may be withheld by Property Zen LLC  in our sole discretion;
post irrelevant Content,
repeatedly post the same or similar Content or otherwise impose an
unreasonable or disproportionately large load on our infrastructure,
interfere or attempt to interfere with the proper working of the Sites and
Services or any activities conducted on the Sites and Services;
harass, threaten,
intimidate, impersonate, or attempt to impersonate, any other person,
falsify your contact or other information, misrepresent a relationship
with any person or entity, including misrepresenting a relationship with Property
Zen LLC , or otherwise attempt to mislead others as to the identity of the
sender or the origin of a review or rating;
knowingly provide or
submit false or misleading information;
use the Sites and Services
if you are under the age of eighteen (18);
take any action that would
undermine the review and rating process under the Sites and Services;
attempt to gain
unauthorized access to the Sites and Services, other user accounts, or
other computer systems or networks connected to the Sites and Services;
use the Sites and Services
in any way that could interfere with the rights of Property Zen LLC  or the rights of other users of the Sites
and Services;
attempt to gain
unauthorized access to any portion or feature of the Sites and Services,
or any other systems or networks connected to the Sites and Services or to
any server used by Property Zen LLC  by hacking, password ‘mining’ or any
other illegitimate or unauthorized means, including attempting to obtain
password, account, or any other personal or private information from any
other Sites and Services user;
sell, share, or otherwise
transfer your account username, password, other information, or your
rights or obligations under these Terms of Use;
transmit or submit any
transmission or other materials that are encrypted or that contains
viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other
computer programming routines that is likely or intended to damage,
interfere with, disrupt, impair, disable or otherwise overburden the Sites
and Services;
access, download, monitor,
or copy any information contained on our Sites and Services through
artificial means (including but not limited to use any ‘deep-link’,
‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm
or methodology, or any similar or equivalent automatic or manual process,
or in any way reproduce or circumvent the navigational structure or
presentation of the Sites and Services or any content, to obtain or
attempt to obtain any Content, materials, documents or information through
any means not purposely made available through the Sites and Services; or
probe, scan or test the
vulnerability of the Sites and Services or any network connected to the
Sites and Services, nor breach the security or authentication measures on
or of the Sites and Services or any network connected to the Sites and
Services. You may not reverse look-up, trace or seek to trace any
information on any other user of the Sites and Services, or any other
customer of Property Zen LLC , including any Property Zen LLC  account not owned by you, to its source,
or exploit the Sites and Services or any service or information made
available or offered by or through the Sites and Services, in any way
where the purpose is to reveal any information, including but not limited
to personal identification or information other than your own information,
except as expressly authorized by Property Zen LLC  and provided for by the Sites and
Services.


 


5. REGISTRATION INFORMATION


We may require that you create an account to use or access certain parts of the
Sites and Services and use certain products and features. We may require that
you provide login information such as a phone number/user name and password to
access and utilize your account. As a condition of your use of the Sites and
Service, you agree to (a) provide Property Zen LLC  with true, accurate, current and complete
information as prompted by the Property Zen LLC ’s registration forms, when
registering for or using the Sites and Services and (b) update and maintain the
truthfulness, accuracy and completeness of such information. You are
responsible for maintaining the confidentiality of any password or other
account information not generally available to others and are fully responsible
for all activities that occur under your username and password. While there are
limited, legitimate reasons for creating multiple accounts, creating serial or
overlapping accounts may result in account termination. Please contact us if you
have questions about managing multiple accounts.


 


7. SUBMITTING CONTENT


As a condition of submitting any Content or other materials to the Sites or
Services, you agree that:



you grant to Property Zen
LLC  a royalty free, perpetual,
irrevocable, worldwide, nonexclusive, transferable, and sublicensable
license to use, reproduce, copy, adapt, modify, merge, distribute,
publicly display, create derivative works from, incorporate such Content
into other works;
you grant to Property Zen
LLC  all rights necessary to publish
or refrain from publishing your name and address in connection with your
Content; sublicense through multiple tiers the Content, and acknowledge
that this license cannot be terminated by you once your Content is
submitted to the Sites and Services;
you grant to Property Zen
LLC  all rights necessary to
prohibit the subsequent aggregation, display, copying, duplication,
reproduction, distribution, or exploitation of your Content by any other
party;
your name and report
information may be made available to the public and to the Service
Providers on which you report;
you represent that you own
or have secured all legal rights necessary for the Content submitted by
you to be used by you, Property Zen LLC , and others as described and
otherwise contemplated in these Terms of Use;
you represent and warrant
that each person identified, depicted, or shown in in your Content, if
any, (and if a minor, the parent or guardian of the minor) has provided
consent to the use of the Content consistent with these Terms of Use;
you are solely responsible
for your reviews and ratings;
Property Zen LLC  may, in its sole discretion, choose to
remove or not to remove reviews and ratings once published;
you will not submit any
reviews that may be considered by Property Zen LLC  to be infringing, harassing, libelous,
abusive, threatening, obscene, profane, hateful, offensive, harmful,
vulgar, distasteful, defamatory, or otherwise violates any relevant law or
right of any other party, or racially, ethnically or otherwise
objectionable;
all of your reviews and
ratings will either be based upon (i) your actual first-hand experiences
with the Service Providers you are reviewing or (ii) as provided below, an
individual and that individual’s actual first-hand experience with a
health care or wellness provider whereby you have the legal authority to
disclose such health information and experience of such individual;
all of your reviews and
ratings of the Service Providers that you are rating will be accurate,
honest, truthful, and complete in all respects;
you do not work for, own
any interest in or serve on the board of directors of, any of the Service
Providers for which you submit reviews and ratings; you are not in any way
related (by blood, adoption or marriage, if the Service Provider is an
individual) to any of the Service Providers for which you submit reviews
or ratings;
you have not received any
form of compensation to post reviews and ratings;
you will submit thorough
and thoughtful reviews of the Service Providers you review (for example,
submitting a review describing a service contractor as “He/She is great.”
Without additional commentary is not a thorough and thoughtful review);
you will not submit
reviews that comment on other users or the reviews of other users;
you will not submit
reviews with hyperlinks; or
the reviews and ratings
that you provide do not reflect the views of Property Zen LLC , its
officers, managers, owners, employees, agents, designees or other users.


 


8. PUBLICATION AND DISTRIBUTION OF CONTENT


Property Zen LLC  does not guarantee the accuracy,
integrity, quality or appropriateness of any Content transmitted to or through
the Service. You acknowledge that Property Zen LLC  simply acts as a passive conduit and an
interactive computer service provider for the publication and distribution of
Content and for the publication and distribution of any content posted by
Service Providers in response to Content (“Service Provider Content”). You
understand that all Content and Service Provider Content posted on, transmitted
through or linked through the Service, are the sole responsibility of the
person from whom such Content originated. You understand that Property Zen LLC  does not control and is not responsible for
Content or Service Provider Content made available through the Service, and
that by using the Service, You may be exposed to Content that is inaccurate,
misleading, or offensive. You agree that You must evaluate and make Your own
judgment, and bear all risks associated with, the use of any Content and
Service Provider Content.


You further acknowledge that Property Zen LLC  has no obligation to screen, preview, monitor
or approve any Content or Service Provider Content, or Content posted or
submitted by any other Property Zen LLC  member or any Service Provider. However, Property
Zen LLC  reserves the right to review and
delete any Content that, in its sole judgment, violates the terms and
conditions of this Agreement. By using the Service, You agree that it is solely
YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use,
accuracy, usefulness, completeness or appropriateness of any Content that You
submit, receive, access, transmit or otherwise convey through the Service.
Under no circumstances will Property Zen LLC  be liable in any way for any Content or
Service Provider Content, including, but not limited to, any Content or Service
Provider Content that contains any errors, omissions, defamatory statements, or
confidential or private information (including, but not limited to, health
information) or for any loss or damage of any kind incurred as a result of the
use of any Content or Service Provider Content submitted, accessed, transmitted
or otherwise conveyed via the Service. You waive the right to bring or assert
any claim against Property Zen LLC  relating to Content or Service Provider
Content, and release Property Zen LLC  from any and all liability for or relating to
any Content or Service Provider Content.


You may, however, report Content that you believe violates these Terms of Use or is
otherwise unlawful.  Please note that you
may be liable for damages (including costs and attorneys’ fees) for unlawful
misrepresentations. If you are uncertain whether an activity is unlawful, we
recommend seeking advice of an attorney.


You agree that Property Zen LLC  may
establish general practices, policies and limits, which may or may not be
published, concerning the use of the Sites and Services, including without
limitation, the time that reviews and ratings will be retained, the maximum
number of reviews and ratings that may be sent from an account, the length of
reviews and ratings sent, and the maximum number of times and the maximum
duration for which you may access the Sites and Services in a given period of
time. You agree that Property Zen LLC  has no responsibility or liability for the
deletion or failure to store any Content or other materials maintained or
transmitted by or through the Sites and Services. You agree that Property Zen
LLC  has the right to change these
general practices and limits at any time, in its sole discretion, with or
without notice.


 


9. SERVICE PROVIDERS/VENDORS


Property Zen LLC  does not endorse and is not
responsible or liable for any Content, data, advertising, products, goods or
services available or unavailable from, or through, any third party or Service
Provider. You agree that should you use or rely on such Content, data,
advertisement, products, goods or services, available or unavailable from, or
through any third party or Service, Property Zen LLC  is not responsible or liable, indirectly or
directly, for any damage or loss caused or alleged to be caused by or in
connection with such use or reliance. Your dealings with, or participation in
promotions of any Service Provider and any other terms, conditions,
representations or warranties associated with such dealings, are between you
and such Service Provider exclusively and do not involve Property Zen LLC . You
should make whatever investigation or other resources that you deem necessary
or appropriate before hiring or engaging Service Providers.


You agree that Property Zen LLC  is not
responsible for the accessibility or unavailability of any Service Provider or
for your interactions and dealings with them, waive the right to bring or
assert any claim against Property Zen LLC  relating to any interactions or dealings with
any Service Provider and release Property Zen LLC  from any and all liability for or relating to
any interactions or dealings with Service Providers.


Without limiting the foregoing, your correspondence or business dealings with,
consumption of products or services of, or participation in promotions of,
third parties or Service Providers found on or through the use of the Sites and
Services, including payment for and delivery or fulfillment of related goods or
services, and any other terms, conditions, warranties, or representations
associated with such dealings, are solely between you and such third party. You
agree that Property Zen LLC  shall not be
responsible or liable, directly or indirectly, for any loss or damage of any
sort incurred as the result of any such dealings or as the result of the
presence of such third parties or Service Providers on the Property Zen LLC  Sites and Services.


 


 


11. TERMINATION


Property Zen LLC  may terminate your privilege to
use or access the Sites and Services immediately and without notice for any
reason whatsoever. Upon such termination, you must immediately cease accessing
or using the Sites and Services and agree not access or make use of, or attempt
to use, the Sites and Services. Furthermore, you acknowledge that Property Zen
LLC  reserves the right to take action --
technical, legal or otherwise -- to block, nullify or deny your ability to
access the Sites and Services. You understand that Property Zen LLC  may exercise this right in its sole
discretion, and this right shall be in addition to and not in substitution for
any other rights and remedies available to Property Zen LLC .


All provisions of these Terms of Use which by their nature should survive
termination shall survive the termination of your access to the Sites and
Services, including, without limitation, provision regarding ownership,
warranty disclaimers, indemnity, and limitations of liability.


 


13. TRADEMARKS AND COPYRIGHTS


Property Zen LLC , and other Sites and Services graphics, logos, designs, page headers,
button icons, scripts, and service names are the trademarks or trade dress of Property
Zen LLC  in the U.S. and/or other
countries. These trademarks and trade dress may not be used, including as part
of trademarks and/or as part of domain names, keyword advertisements, or email
addresses, or in connection with any product or service in any manner that is
likely to cause confusion.


You should assume all Content and material made available on the Sites and Services
is protect by copyright law. Aside from user-submitted Content, all other
materials and other information on the Sites and Services, including, but not
limited to, all text, graphics, logos, icons, images, audio and video clips,
downloads, data compilations and software are the exclusive property of Property
Zen LLC  and/or its licensors and are
protected by all United States and international copyright laws.


 


15. DELAYS AND ACCESSIBILITY


The Sites and Services may be subject to limitations, delays, failure, and other
problems inherent in the use of the Internet and electronic communications. Property
Zen LLC  is not responsible for any
delays, failures or other damage resulting from such problems.


 


16. USER FEEDBACK


Property Zen LLC  appreciates hearing from you, as
well as our other users, and welcomes your comments regarding our Sites and
Services. Please be advised, however, that our policy does not permit us to
accept or consider creative ideas, suggestions, or materials other than those
which we have specifically requested. Although we do value your feedback on our
Sites and Services, please be specific in your comments regarding our services
and do not submit creative ideas, suggestions or materials. If, despite our
request, you send us creative suggestions, ideas, drawings, concepts or other
information (collectively, the “Submissions”), such Submissions will be the
property of Property Zen LLC . In addition, none of the Submissions will be
subject to any obligations of confidentiality and Property Zen LLC  will not be liable for any future use or
disclosure of such Submissions.


 


17. WARRANTIES AND DISCLAIMERS


You acknowledge that Property Zen LLC  has no
control over, and no duty to take any action regarding: which users gain access
to or use the Sites and Services; what effects the content on or in connection
with the Sites and Services may have on you; how you may interpret or use the
content on or in connection with the Sites and Services; or what actions you
may take as a result of having been exposed to the content on or in connection
with the Sites and Services. You release Property Zen LLC  from all liability for you having acquired or
not acquired content or information through the Sites and Services. The Sites
and Services may contain, or direct you to sites containing, information that
some people may find offensive or inappropriate. Property Zen LLC  makes no representations concerning any
content contained in or accessed through the Sites and Services, and Property
Zen LLC  will not be responsible or
liable for the accuracy, copyright compliance, legality or decency of material
contained in or accessed through the Sites and Services. Property Zen LLC  makes no guarantee or warranty, express or
implied, as to the reliability, accuracy, timeliness or completeness of that
information and assumes no responsibility for any errors or omissions therein.


YOU ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES
ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND
ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER PROPERTY ZEN LLC  NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD
PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR
UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITES AND
SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO
DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR
INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM
NEGLIGENCE OR OMISSION OF PROPERTY ZEN LLC , COMPUTER VIRUS OR OTHER SIMILAR
ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER
INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL,
TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE
SITES AND SERVICES. IN NO EVENT WILL PROPERTY ZEN LLC  OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES,
AGENTS, EMPLOYEES, ASSIGNS OR THIRD-PARTY CONTENT PROVIDERS BE HELD LIABLE FOR
ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL PROPERTY ZEN
LLC  OR ANY OF ITS AFFILIATES, AGENTS,
EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR
OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF
THE SITES AND SERVICES.


ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SITES AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROPERTY ZEN LLC  OR THROUGH OR FROM THE SITES AND/OR SERVICES
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.


EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, PROPERTY ZEN LLC  DOES NOT REPRESENT OR WARRANT THAT (I) THE
SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND/OR
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE
ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE
THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF
TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.


BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, PROPERTY
ZEN LLC ’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.


PROPERTY ZEN LLC  SHALL USE REASONABLE EFFORTS TO
PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU
ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE
RISK, AND PROPERTY ZEN LLC  HEREBY
DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO
SUCH INFORMATION IN ANY WAY.


Property Zen LLC  has no control over and no duty
to take any action regarding: other users’ behavior; what effects Content may
have on you; how you may interpret or use Content; or what actions you may take
as a result of having been exposed to Content. You release Property Zen LLC  from all liability for you having acquired or
not acquired Content through the Sites and Services. Property Zen LLC  makes no representations concerning any
Content, including the accuracy thereof, contained in or accessed through the
Sites and Services, and Property Zen LLC  will not be responsible or liable for the
accuracy, copyright compliance, legality or decency of material contained in or
accessed through the Sites and Services.


The Sites and Services may display links to other Internet sites or resources.
Because Property Zen LLC  has no control
over such sites and resources, you acknowledge and agree that Property Zen LLC  is not responsible for the availability of
such external sites or resources and does not endorse and is not responsible or
liable for any content, advertising, products or other materials on or
available from such sites or resources.


You further acknowledge and agree that Property Zen LLC  shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such content, goods or services
available on or through any such site or resource.


 


18. INDEMNITY


You agree to indemnify, defend and hold harmless Property Zen LLC , its officers,
managers, owners, employees, agents, designees, users, successors, assigns,
service providers and suppliers from and against all losses, liabilities,
expenses, damages, claims, demands and costs, including reasonable attorneys’
fees and court costs due to or arising from: (a) any violation of these Terms
of Use by you; (b) the inaccurate or untruthful Content or other information
provided by you to Property Zen LLC  or
that you submit, transmit or otherwise make available through the Service; or
(c) any intentional or willful violation of any rights of another or harm you
may have caused to another. Property Zen LLC  will have sole control of the defense of any
such damage or claim.


 


19. LIMITATIONS OF LIABILITY


YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROPERTY ZEN LLC  WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES
(EVEN IF PROPERTY ZEN LLC  HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”),
RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF
ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE
SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR
OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE
PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER
RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY PROPERTY ZEN LLC  OR THE FAILURE OF PROPERTY ZEN LLC  TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR
(H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR
ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of
liability are not permitted. In such jurisdictions, some of the foregoing
limitations may not apply to You.


YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT PROPERTY ZEN LLC  CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR
PAYMENTS TO PROPERTY ZEN LLC. YOU UNDERSTAND AND AGREE THAT NEITHER THE PAYMNET
PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE PAYMENT PROCESSINGS PROCESS FOR PROPERTY
ZEN LLC , INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO
YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE
LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET
FORTH IN THIS SECTION SUFFERED BY YOU AS A RESULT OF THE FAILURE OF PROPERTY
ZEN LLC  TO PROVIDE SERVICES TO YOU UNDER
THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY PROPERTY ZEN LLC . YOU HEREBY
RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS
A RESULT OF THE FAILURE OF PROPERTY ZEN LLC  TO PROVIDE SERVICES TO YOU UNDER THIS
AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY PROPERTY ZEN LLC . YOU AGREE TO
INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL
DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION. YOU HEREBY
UNDERSTAND AND AGREE THAT PROPERTY ZEN LLC  SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY
DAMAGES TO YOU UNDER THIS AGREEMENT.


 


21. ENTIRE AGREEMENT


These Terms of Use and other agreements, rules, and policies incorporated by
reference to these Terms including, without limitation, the Privacy Policy,
constitutes the entire agreement between you and Property Zen LLC . It
supersedes any prior or contemporaneous negotiations, discussions or
agreements, whether written or oral, between you and Property Zen LLC  regarding the subject matter contained in
these Terms of Use. Additional terms and conditions may exist between you and
third parties, including but not limited to, Service Providers and others. You
represent and warrant that those third-party agreements do not interfere with
your obligations and duties to Property Zen LLC  under these Terms of Use.


 


24. MISCELLANEOUS


If you breach any term of these Terms of Use or other agreement with Property Zen
LLC , Property Zen LLC  may pursue any
legal or equitable remedy available, including but not limited to, direct,
consequential, and punitive damages and injunctive relief. Property Zen LLC ’s
remedies are cumulative and not exclusive. Failure of Property Zen LLC  to exercise any remedy or enforce any portion
of the Terms of Use at any time shall not operate as a waiver of any remedy or
of the right to enforce any portion of the Agreement at any time thereafter.


If any provision of the Terms of Use is found to be unenforceable or invalid, that
provision shall be limited or eliminated to the minimum extent necessary so
that the Terms shall otherwise remain in full force and effect and enforceable.


These Terms of Use are not assignable, transferable or sublicensable by you except
with Property Zen LLC ’s prior written consent. We may transfer, assign or
delegate the Terms and its rights and obligations without consent.


Users of this Sites and Services are responsible for compliance with all applicable
regulations and laws.


No joint venture, partnership, employment or agency relationship exists between
you and Property Zen LLC  as a result of
these Terms of Use or use of the Sites and Services.


You acknowledge and agree that each of the Released Parties shall be an intended
third-party beneficiary of these Terms of Use.