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Terms & Conditions

Domin-8 Enterprise Solutions
Terms and Conditions of Use

YOU MUST READ AND AGREE TO THIS TERMS AND CONDITIONS OF USE AGREEMENT BEFORE ACCESSING OR USING THE DOMIN-8 WEBSITE.

This Terms and Conditions of Use Agreement ("Agreement") governs your use of the websites and online services (collectively, the "Website") operated by Domin-8 Enterprise Solutions, Inc. and its subsidiaries and affiliates (collectively, "Domin-8"). By accessing the Website, completing a registration, or otherwise using the Website, you (the "User" or "you") agree to be bound by the terms and conditions of this Agreement.

1. This Agreement Limits Your Rights. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY LIMITATIONS (Sections 7 and 8); AN EXCLUSIVE REMEDY (Section 8); MANDATORY CHOICE OF LAW AND JURISDICTION (Section 10); and other important provisions. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN AND AGREEMENT BETWEEN DOMIN-8 AND EACH USER. Users shall not use the Website in any way that is unlawful, or harms Domin-8 or its resellers, distributors, vendors and/or suppliers or any other customer of Domin-8, as determined in Domin-8's sole discretion.

2. How Domin-8 May Modify This Agreement. Domin-8 reserves the right to modify the terms and conditions of this Agreement, including any terms associated with the sale or licensing of Domin-8 software and services. Upon changing this Agreement, Domin-8 may notify you via email (if Domin-8 has your email address on file) or by posting such changes to the Website in a manner designed to attract the attention of a User. You are responsible for regularly reviewing this Agreement and all other notices which are posted on the Website. If you do not agree to the modified terms and conditions of this Agreement, your sole remedy is to cease using the Website. Your continued use of the Website after the effective date of such changes constitutes your acceptance of the revised Agreement.

3. Creation and Use of Accounts. Users may register and open an account on the Website ("Accounts"), and Accounts are designed to be used for the purchase and maintenance of Domin-8 software and services, including products and services provided or resold by Domin-8's vendors. You may not use the Website or any Accounts for any other purposes or in any manner that breaches this Agreement. To create an Account, you will need to provide certain personal and company information, and Domin-8's methods of using such information are further addressed in the Domin-8 Privacy Policy. All Users are required to review, understand and agree to such Privacy Policy. You accept that Domin-8 may establish data archive protocols (the archiving and/or deletion of older data) as a general practice, and that such archive protocols may limit how Domin-8 stores or keeps data, particularly concerning older data. Domin-8 has no obligation to provide archived data that has been removed or deleted from the Website. You understand and agree that Domin-8 has no responsibility or liability for the removal or failure to store or maintain any content or data. You also accept that Domin-8 reserves the right to log off and/or delete any Accounts that are inactive for an extended period of time.

4. Purchasing of Software and Services. Your use of any software or services licensed or purchased through the Website will be governed by the terms and conditions of a separate contract accompanying such software, which may be in the form of a click-through agreement, a written contract, or some other form (a "Separate Contract"). Certain services, such as maintenance services for Domin-8 software, may be subject to other contracts you have entered into with Domin-8, such as a Maintenance Services Agreement (which also constitutes a "Separate Contract"). Additionally, some services and software may be provided to you by Domin-8's vendors or services providers, and the applicable Separate Contract may be between you and Domin-8 or Domin-8's vendor or service provider. Domin-8 and its vendors reserve all rights to such software and services not expressly granted to you pursuant to a Separate Contract. All such software is protected by copyright and other intellectual property laws and treaties. Domin-8 and its vendors own all right, title, interest, copyright, and other intellectual property rights in such software and services, and such software and services are licensed, not sold. Further terms and restrictions are contained in the Separate Contracts.

5. Third Party Content on the Website. Domin-8 does not control or warrant any third party content posted via the Website and so does not guarantee the accuracy, reliability, integrity or quality of that content. Under no circumstances will Domin-8 be liable in any way for any third party content, including, but not limited to, any errors or omissions in any content. You must evaluate, and bear all risks associated with, the use of any third party content, including any reliance on the accuracy, completeness or usefulness of that content. The Website may provide links to other internet sites. These external sites contain information created and maintained by other persons and entities and are provided for the Users' convenience. Domin-8 does not control nor can it guarantee the accuracy, relevance, timeliness, completeness or appropriateness of any information contained on such other sites. The information or opinions contained on other sites do not necessarily represent the views of Domin-8. You acknowledge and agree that all third party content is protected by copyrights or other proprietary rights and laws.

6. Modifications and Interruption of Service. Domin-8 reserves the right to modify or discontinue the Website or any portion of the Website with or without notice to the User. Domin-8 shall not be liable to User or any third party should Domin-8 exercise its right to modify or discontinue all or any portion of the Website. User acknowledges and accepts that Domin-8 does not guarantee continuous, uninterrupted or secure access to The Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of Domin-8's control.

7. Disclaimer of all Warranties. DOMIN-8 PROVIDES THE WEBSITE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS SET FORTH IN SEPARATE CONTRACTS, DOMIN-8 MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, REGARDING THE WEBSITE OR THE PRODUCTS OR SERVICES LISTED THEREON. DOMIN-8 HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, AND (2) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.

8. Liability Limitation; Exclusive Remedy. IN NO EVENT WILL DOMIN-8 OR ANY OF ITS VENDORS OR SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE WEBSITE, EVEN IF ANY SUCH PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES SET FORTH IN THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ITS CONTENT, IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST DOMIN-8 OR ITS VENDORS OR SERVICE PROVIDERS WITH RESPECT TO THIS AGREEMENT OR THE WEBSITE OR ITS CONTENT, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

9. Indemnification. You shall indemnify and hold Domin-8, and its vendors and service providers, and their respective directors, members, managers, officers, employees, agents and contractors, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website, your violation of this Agreement or the Domin-8 Privacy Policy, or any other action you take.

10. Choice of Law and Location for Resolving Disputes. If this Agreement is with any Domin-8 affiliate located in the United States, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Ohio, without reference to conflict of laws principles, and you hereby irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Ohio for all disputes arising out of or relating to the use of the Website. If this Agreement is with a Domin-8 affiliate located in a country other than the United States, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such Domin-8 affiliate, without reference to conflict of laws principles, and you hereby consent to the exclusive jurisdiction and venue of the courts located in such location for all disputes arising out of or relating to the use of the Website.

11. Interpretation; Assignment. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. Domin-8 may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense this Agreement or any part thereof.

12. Limitation on Time to Bring Claim. YOU AND DOMIN-8 AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

13. Proprietary Rights. All contents of the Website are copyrighted by Domin-8 and/or its vendors or service providers. All rights reserved. The marks Domin-8, Domin-8 Enterprise Solutions, Tenant Pro, RentRight, Spectra, iCAM, Management Plus, Paradigm, all related logos, and/or other Domin-8 products and services referenced on the Website are or may be trademarks or registered trademarks of Domin-8 in the United States and/or other countries. The names of other companies, services and products mentioned on the Website may be the trademarks or registered trademarks of their respective owners. Any rights not expressly granted herein are reserved. The Website may contain other proprietary and confidential information, products and services that are protected by applicable intellectual property and other laws. You may not (and may not allow any third party to) copy, modify, rent, lease, loan, sell, distribute, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Website or in any product or service listed thereon.

14. Entire Agreement. Except as expressly stated herein, this Agreement and the Domin-8 Privacy Policy constitutes the entire agreement between you and Domin-8 with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Domin-8 with respect to the Website. Terms and conditions set forth in Separate Contracts may override some of the terms and conditions of this Agreement; however, the terms and conditions of such Separate Contracts shall only apply to the products and services covered by such Separate Contracts, and not to the Website and your use of the Website. Accordingly, Separate Contracts shall not override the terms of this Agreement as it pertains to the Website and your use of the Website.

 

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