Last updated: March 18, 2021
Please read these terms and conditions carefully before using Our Platform.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
· Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
· Account means a unique account created for You to access our Platform or parts of our Platform.
· Country refers to: the United States of America; and State refers to the State of Maryland in the United States of America.
· Company (referred to as either "the Company", "We", "Us", "Our", or “Property Wand” in this Agreement) refers to Property Wand LLC, 6035 Crayfish Ct Bryantown MD 20617.
· Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
· Device means any device that can access the Platform such as a computer, a cellphone or a digital tablet.
· Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
· Goods refer to the items offered for sale on the Platform, which directly relate to Subscriptions and Orders herein.
· Orders mean a request by You to purchase Goods from Us, which through the application of Property Wand, www.propertywand.com, includes your access of the Platform and your payment for the use thereof.
· Property Wand refers to Property Wand, LLC, the Platform delivered through the Website as described herein. Property Wand is the trade name for an internet-based consumer and real estate licensee focused workflow platform.
· Platform refers to the Website and also refers to the functionality delivered through the Platform known as Property Wand.
· Subscriptions refer to the services or access to the Platform offered on a subscription basis by the Company to You. Subscriptions related directly to Orders.
· Terms and Conditions (also referred as "Terms" or “Terms and Conditions”) mean these Terms and Conditions of Property Wand that form the entire agreement between You and the Company regarding the use of the Platform.
· Third-party Social Media Platform means any platforms or content (including data, information, products or platforms) provided by a third-party that may be displayed, included or made available by the platform.
· User, Users, user, and/or users mean individuals and/or entities that access the Website.
· Website refers to Property Wand, accessible from propertywand.com, and any application thereof as amended from time to time.
· You means the individual accessing or using the Platform, or the company, or other legal entity on behalf of which such individual is accessing or using the Platform, as applicable. The use of Your relates to You under this Definition section herein. Your Home Jurisdiction is the county/city and state/commonwealth that you are located within the United States of America.
Property Wand is designed to be used as a tool to help real estate professionals stay better organized and more efficiently navigate the real estate process. At its core, Property Wand is designed to serve as a tool for facilitating or otherwise improving the User’s communication with the end consumer (real estate transaction principals). Property Wand is NOT a legal compliance tool and is NOT a substitute for the delivery of competent real estate services, particularly as related to licensed real estate activity in Your Home Jurisdiction. Property Wand strongly urges any User to seek competent legal advice and competent real estate brokerage advice in Your Home Jurisdiction before using Property Wand and particularly before using and/or creating any workflow and/or assigning activity due date prompts within Property Wand in order to use Property Wand in a way that is productive and compliant with legal and contractual requirements for Your Home Jurisdiction or other applicable jurisdiction/s, applicable real estate licensee related professional organization rules and the customs and contract forms thereof, and/or the particular contract for a given real estate transaction. BY USING PROPERTY WAND, THE PLATFORM, AND ANY FEATURE CONTAINED THEREIN, YOU AGREE TO HOLD HARMLESS AND INDEMNIFY THE COMPANY FROM ANY AND ALL CLAIMS, DEMANDS, COMPLAINTS, CAUSES OF ACTION, GOVERNMENT ACTIONS, AND/OR DAMAGES OF ANY NATURE RELATED TO YOUR USE OF PROPERTY WAND, THE PLATFORM, AND ANY FEATURE RELATED THERETO.
These are the Terms and Conditions governing the use of this Platform and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Platform.
Your access to and use of the Platform is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Platform.
BY ACCESSING AND/OR USING THIS PLATFORM YOU AGREE THAT YOUR ACCESS AND/OR USE THEREOF IS TO BE CONSTRUED AS YOUR EXPRESS ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. YOUR ACCESS AND/OR USE IS TO ALSO BE CONSTRUED AS ACKNOWLEDGEMENT THAT YOU READ AND FULLY UNDERSTAND THE TERMS AND CONDITIONS. ADDITIONALLY, IN COMPLIANCE WITH OUR CHANGE POLICY AS DESCRIBED HEREIN, YOU AGREE AND ACKNOWLEDGE THAT THE COMPANY MAY CHANGE, AMEND, ALTER, AND/OR OTHERWISE REPLACE THESE TERMS AND CONDITIONS IN ITS SOLE AND ABSOLUTE DISCRETION, AND YOUR CONTINUED USE OF THE PLATFORM AFTER NOTICE OF ANY CHANGE TO THESE TERMS AND CONDITIONS SHALL BE CONSTRUED AS YOUR ACKNOWLEDGEMENT, AGREEMENT, AND UNDERSTANDING TO BE BOUND OR OTHERWISE IN COMPLIANCE WITH SAID CHANGE.
By accessing or using the Platform, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Platform. In the event that You, and/or any user related to You in any way, access the Platform and allege that you disagree with any part of these Terms and Conditions, then you must immediately terminate use of the Platform, and You agree that You will not be entitled to any refund or payment in connection with said termination of service. Further, You agree that you will be entitled to no relief whatsoever, whether monetary, legal, and/or equitable in nature.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Platform.
Your access to and use of the Platform is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Platform.
Placing Orders for Goods
By placing an Order for Goods through the Platform, You warrant that You are legally capable of entering and/or competent to into binding contracts.
Your Information
If You wish to place an Order for Goods available on the Platform, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
Our Platform Cancellation/Termination Rights
We reserve the right to refuse, cancel, and/or terminate Your Order, Subscription, and/or use of the Platform at any time and for any reason. In the event that We refuse, cancel, and/or terminate Your Order, Subscription, and/or use of the Platform, We will provide a prorated refund payment to You for any remaining period of use You may be entitled to based on a payment made to the Company prior to said termination of Platform by the Company.
Your Platform Cancellation/Termination Rights
You may cancel or otherwise terminate Your Order, Subscription, and/or use of the Platform at any time and for any reason. In the event of said termination, You agree that You will not be entitled to a refund of any payments made in connection with any Order, Subscription, and/or use of the Platform. Your user account will be made inactive, and You and the Company shall have no further payment obligations to one another hereunder.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings delivered through the Platform. The Goods available on through Our Platform may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Platform and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Prices
The Company reserves the right to revise its prices at any time.
Payments
Your payments made in connection with any Order, Goods, Subscriptions, and/or use of the Platform may be made through various methods as determined and made available by the Company from time to time.
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
Subscriptions
Subscription period
The Platform or some parts of the Platform are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
Subscription cancellations
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. In the event that You cancel Your Subscription, You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Platform until the end of Your current Subscription period.
Billing
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company will notify You via email indicating that you must make arrangements to make valid payment corresponding to the billing period related to said failed payment. In the event that You do not make full payment within fourteen (14) calendar days of said notification, the Company may suspend your use of the Platform with no liability to You. In said suspension, You agree to indemnify the Company or otherwise hold the Company harmless related to your suspension from or lack of ability to use the Platform.
Fee Changes
The Company, in its sole discretion and at any time, may modify fees and payments to be made by You and other users related to Orders, Goods, Subscriptions, and/or the Platform. Any fee change will become effective at the end of the then-current Subscription period, which in almost all cases will be the beginning of the next monthly billing cycle.
Your continued use of the Platform after any change in fees or payment schedule comes into effect shall be deemed Your express acknowledgement, approval, and agreement of and to pay the modified payment amount.
Refunds
Except as otherwise established in these Terms or by express provision of the laws of the Country and the State, subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
Free Trial
The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.
You will be required to enter Your billing information in order to sign up for the Free Trial. You will not be charged any fees by the Company until any Free Trial period has expired. In the event that you do not cancel your Subscription prior to the end of any Free Trial period, You agree and acknowledge that You will pay the applicable Subscription fees via the billing information that the Company has on file for a continuation of your use of the Platform in the amount of the then current Company Subscription rates.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
User Accounts
When You create an account with the Company, You must provide the Company with information that is accurate, complete, and current. By using the Platform, you agree to maintain current information with the Company at all times such as but not limited to: (1) your name; (2) your billing information; and (3) your email address. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on the Platform.
You are responsible for safeguarding the password that You use to access the Platform and for any activities or actions under Your password, whether Your password is with Our Platform or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Content
Your Right to Post Content
Our Platform allows You to post Content. You are responsible for the Content that You post to the Platform, including its legality, reliability, and appropriateness.
In the event that you post or otherwise input Content into the Platform, You grant the Company the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Platform, and/or use said Content in any way legally permissible.
In the event that you post or otherwise input Content into the Platform, You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant the Company the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Platform does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. In the event that you post or otherwise input Content into the Platform and any person and/or entity alleges that use of said Content is wrongful, you hereby agree to indemnify the Company for and from any and all demands, claims, causes of action, complaints, government actions, and/or damages related to said Content and your input of said Content into the Platform.
Content Restrictions
The Company is not responsible for the content of the Platform's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
· Unlawful or promoting unlawful activity.
· Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
· Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
· Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
· Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
· Impersonating any person or entity including the Company and its employees or representatives.
· Violating the privacy of any third person.
· False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Platform if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Platform, you agree to use the Platform at your own risk. You understand that by using the Platform You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Content Backups
Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Platform.
Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Platform infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Platform, You must submit Your notice in writing to the attention of our copyright agent via email at [email protected] and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
· A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
· Identification of the URL or other specific location on the Platform where the material that You claim is infringing is located.
· Your address, telephone number, and email address.
· A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
· A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our copyright agent via email at [email protected]. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Platform.
Intellectual Property and Data
The Platform and its original content features and functionality are and will remain the exclusive property of the Company and its licensors. By using the Platform, You agree, understand, and acknowledge that any and all Content provided by You may be indexed and potentially used and/or accessed by the Company.
The Platform is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Links to Other Websites
Our Platform may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
Your license to use the Platform is freely revocable by the Company, and We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Platform will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Platform in accordance with our Subscription Cancellation policies contained herein, as amended by the Company from time to time, in its sole and absolute discretion.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Platform or 100 USD if You haven't purchased anything through the Platform.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Platform, third-party software and/or third-party hardware used with the Platform, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
Your license to use the Platform is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Platform, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Platform will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Platform, or the information, content, and materials or products included thereon; (ii) that the Platform will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Platform; or (iv) that the Platform, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Platform. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Platform, You agree to first try to resolve the dispute informally by contacting the Company.
European Union (EU) Users
By using the Platform, you represent that you are not User subject to the laws of the European Union and/or any of its member state governments. Further, You represent that you are using the Platform related only to activity occurring within the jurisdiction of the United States of America.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Platform is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties. By using the Platform, You represent and warrant that your use of the Platform and any Content provided through your use of the Platform relates to business activity occurring within the United States of America and that you are legally permitted to conduct said activity.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Platform. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions (the “Change Policy”)
BY USING THE PLATFORM, YOU AGREE THAT THE COMPANY AND ITS SUCESSORS AND/OR ASSIGNS HAS THE RIGHT TO UNILATERALLY AMEND, ALTER, OR OTHERWISE REPLACE THESE TERMS AND CONDITIONS, AND THE COMPANY WILL AMEND, ALTER, OR OTHERWISE REPLACE THESE TERMS AND CONDITIONS FROM TIME TO TIME IN ITS SOLE AND ABSOLUTE DISCRETION.
In the event that the Terms and Conditions are changed, the Company will provide notice to You through the Platform and/or other written communication (such as email and/or physical paper mail). Said notice will be provided by the Company including language substantially similar to “Update to the Property Wand Terms and Conditions”.
By continuing to access or use Our Platform after any changes to the Terms and Conditions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, you agree to stop using the Platform immediately.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
· By email: [email protected]
· By visiting this page on our website: PropertyWand.com
Terms and Conditions for Property Wand