Board Package Specialists Terms & Conditions
Welcome to BoardPackager Specialist! This document (“Terms”) governs your use of a BoardPackager agent to assist in completion and submission of a Board Package (“Specialist”) using our website, technology and services (“Services”). Your agreement to these Terms is with Digital Packager Corp. (“Digital Packager”). By using the Services, you agree to be bound by these Terms and any additional policies located at https://www.boardpackager.com/about/legal.
BY ACCESSING AND USING THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THESE TERMS. FOR EXAMPLE, SECTION 11 CONTAINS AN ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION WHICH STATES THAT WE MUST ARBITRATE INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY AND THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS THE SERVICES.
1. The Services
Digital Packager shall ensure that any Specialist with access to personally identifiable information is subject to confidentiality obligations and will only use such information in the performance of Services and in accordance with applicable law.
The Services require the sharing of Your Content with third parties. Except for any misuse by a Specialist, You remain responsible for the use and misuse of Your Content shared through the BoardPackager system. You may use the Services only as permitted by applicable law. Digital Packager is not responsible for: 1) the accuracy of any information contained in Your Content, and 2) any resulting decisions of persons or bodies reviewing Your Content on the BoardPackager system.
c. YOU MAY NOT SELL, OFFER FOR SALE, OFFER AT AUCTIONS, RESELL, DONATE, ACT AS COMMERCIAL AGENT FOR ANOTHER PARTY OR OTHERWISE TRANSFER ANY PURCHASED OR DOWNLOADED DOCUMENT IN ANY WAY WITHOUT THE SPECIFIC PRIOR WRITTEN CONSENT OF DIGITAL PACKAGER OR THE PROPERTY MANAGER.
2. Restrictions on Use
a. You are solely responsible for safeguarding your account information and any access credentials for the Services and deliverables. You may not: (i) distribute, share, sublicense, lend, lease or otherwise make your access credentials to the Services available to any third party, (ii) modify, adapt, create derivative works from or translate any part of the BoardPackager system, (iii) reverse engineer, decompile or disassemble the BoardPackager system or otherwise attempt to obtain its source code, underlying ideas, algorithms, file formats or programming interfaces, (iv) remove or alter any copyright, trademark or other proprietary notice contained in the BoardPackager system or any deliverables, (v) use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the BoardPackager system, (vi) take any action to interfere with, or disrupt, the BoardPackager system or any other user's use of the BoardPackager system, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the BoardPackager system, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms, (vii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the BoardPackager system, (viii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the BoardPackager system (or other accounts, computer systems or networks connected to the BoardPackager system), (ix) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
b. Further, you may not take any action or submit or otherwise distribute or facilitate distribution of any content on or through the Services that (x) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; (xi) You know is false, misleading, untruthful or inaccurate; (xii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, or is otherwise inappropriate as determined by us in our sole discretion; (xiii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming"); (xiv) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; (xv) impersonates any person or entity, including any of our employees or representatives.
c. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
3. Ownership of Property
The deliverables provided from the Services may contain copyrighted material, trademarks and other intellectual property that is owned by Digital Packager. Digital Packager licenses or owns intellectual property rights in and to the Services. These Terms do not grant you any right, title or interest in or to the intellectual property associated with the Services. By using the Services, you agree not to copy, distribute, modify or make derivative works of any materials associated with the Services without the prior written consent of Digital Packager or the owner of such materials. All rights not granted under these Terms are reserved by Digital Packager.
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Digital Packager’s Copyright Agent with the following information at firstname.lastname@example.org:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the BoardPackager site, with enough detail that we may find it on the web site;
- 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 or intellectual property 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
These Terms may be changed, modified, or altered by us in our sole discretion at any time without prior notice. If we materially change the Terms, we will notify you through a notice, updated Specialist Terms on the BoardPackager system or by email (sent to the email address specified in your account, if any), prior to or upon the change(s) becoming effective. Accordingly, when you access or use the Services, you should check the date of the Terms and be aware of any changes since the last version. Your continued use of the Services following the posting of any changes to these Terms means that you accept such changes. Your access to and use of the Services will be governed by the Terms in effect at the time of such access or use.
You agree to defend, indemnify and hold Digital Packager and its subsidiaries, affiliates, suppliers, and licensors and each of their respective officers, agents, partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees and costs, due to or arising out of (i) your use of the Services in violation of these Terms and/or arising from a breach of these Terms (including, without limitation, any breach of your representations and warranties set forth herein); (ii) any allegation that any content or other material, including Your Content, that you have submitted or transmitted to a Specialist or to us infringe, misappropriate or otherwise violate the copyright, trademark, trade secret or other rights of any party; (iii) your violation of applicable law; and/or (iv) your activities or omissions in connection with the Services.
6. Services Warranty
DIGITAL PACKAGER WARRANTS THAT THE SERVICES WILL BE PERFORMED USING REASONABLE CARE AND SKILL. DIGITAL PACKAGER DISCLAIMS ALL OTHER WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DIGITAL PACKAGER OR ANY REPRESENTATIVE THEREOFSHALL BE DEEMED TO PROVIDE A WARRANTY OF ANY TYPE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DIGITAL PACKAGER DOES NOT WARRANT THAT: (a) THE SERVICES WILL BE ERROR-FREE, (b) USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, (c) THE SERVICES WILL MEET YOUR REQUIREMENTS OR (d) THE SERVICES WILL OPERATE WITH THE HARDWARE OR SOFTWARE CONFIGURATION CHOSEN BY YOU.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DIGITAL PACKAGER IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OR INABILITY TO USE THE SERVICES (INCLUDING, WITHOUT LIMITATION, LOSS OF: PROFITS, REVENUE, USE OF SOFTWARE OR ANY ASSOCIATED HARDWARE OR SOFTWARE, DATA OR GOODWILL; OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF DIGITAL PACKAGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DIGITAL PACKAGER’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY WILL NOT EXCEED THE PRICE PAID BY YOU FOR THE APPLICABLE SERVICES WHICH GAVE RISE TO SUCH LIABILITY.
Digital Packager may, in its discretion, suspend or terminate your use of the Services if it determines you are violating these Terms or improperly or unlawfully using the Services. In such event, Digital Packager will provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted Digital Packager to contact you; provided, however, if you do not respond or remedy such activity promptly, Digital Packager may suspend or terminate in its sole discretion. Digital Packager reserves the right to refuse any order or transaction placed by you.
Upon any termination, Digital Packager will return Your Content in its possession. Digital Packager will not issue any refunds upon termination.
10. No Ideas Accepted.
We do not accept any unsolicited ideas for the Services from outside Digital Packager including without limitation suggestions about advertising or promotions, or merchandising of any products, additions to our services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. If, notwithstanding this policy, you submit an unsolicited idea to us, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You hereby grant us an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.
11. Dispute Resolution/Arbitration
a. Before filing any claim against Digital Packager, you agree to try to resolve the dispute informally by contacting email@example.com. Someone will contact you via email for details. If such dispute is not resolved within 30 days of submission to Digital Packager, any dispute, claim or controversy arising out of or relating to the Services, the purchase or sale of any goods or services, or these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate (“Claims”), shall be determined by binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims.
b. CLASS ACTION WAIVER: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND DIGITAL PACKAGER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.
c. Any arbitration hearing that you attend will be held in New York, New York, USA before at least one (1) arbitrator(s) each having at least 10 years litigation experience and/or such experience as an arbitrator in real estate matters associated with the review and approval of applications to rent or purchase real estate. The arbitration shall be administered by AAA or JAMS pursuant to their Arbitration Rules and Procedures and in accordance with any expedited procedures in those Rules. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. In any arbitration arising out of or related to these Terms, the arbitrator(s) may not award any incidental, indirect or consequential damages, including damages for lost profits. In any arbitration arising out of or related to these Terms, the arbitrator(s) are not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In all other circumstances the parties expressly submit to the personal jurisdiction of the state and federal courts located in the State of New York as stated below.
d. Your Right to Go To Small Claims Court. We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is transferred, removed or appealed to a different court, we may then choose to arbitrate.
12. Payment Services
Credit card payment processing services for Property Managers on the BoardPackager system are provided by Stripe, Inc. ("Stripe") and are subject to the Stripe Checkout User Terms of Service, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By continuing to purchase goods or services via the BoardPackager system, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition to Digital Packager enabling credit card payment processing services through Stripe, you agree to that you may have to provide Digital Packager accurate and complete information about you and your business, and you authorize Digital Packager to share any such information with Stripe, as well as transaction information related to your use of the payment processing services provided by Stripe. In all cases, standard credit card or other third party processing fees apply in addition to any service fees. Digital Packager is not responsible for the performance of any third party credit card processing or third party payment services.
The Stripe Checkout User Terms of Service can be found at https://stripe.com/us/checkout/legal.
PRIOR TO DISPUTING ANY PAYMENT MADE TO US (FOR USE OF THE SYSTEM) WITH YOUR CREDIT ISSUER, YOU AGREE TO CONTACT US AT firstname.lastname@example.org AND PROVIDE IN WRITING YOUR NAME, ADDRESS, AMOUNT IN DISPUTE, REASON FOR DISPUTE AND ANY SUPPORTING DOCUMENTATION.
13. Third Party Websites.
The BoardPackager system may contain links to third-party websites. The linked websites are not under our control, and we are not responsible for the contents of any linked website. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked website by Digital Packager. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
14. Third Party Transactions.
The BoardPackager system allows you to purchase/download published content provided by property management companies. Digital Packager and participating property managers do not guarantee the authenticity or accuracy of any document not purchased or downloaded from the BoardPackager system. Downloaded documents may have expiration dates as provided by the participating property manager. Please be sure to check upon purchase or download of any document. All documents listed for sale or that are purchased via the BoardPackager system are FINAL SALE. No refunds will be issued, and no credit or exchange will be permitted. If you feel otherwise, you may e-mail email@example.com to open an inquiry for your purchase. In this e-mail, please include information with regards to your purchased items, the date purchased, the amount charged, and the reason for disputing the purchase. Without limiting the foregoing, you acknowledge that all transactions relating to any goods, services or property offered by any third party, including but not limited to the purchase terms, payment terms, warranties, guarantees, and delivery terms relating to such transactions, are agreed to solely between the third party seller and the purchaser of such goods, services or property and that you will look solely to such third party to enforce any of your rights In the event of any problem with the products, services or property that you have purchased from a third party you agree that you will address such issues with the third party. We may not have the ability to accept returns or refund the purchase price for any transaction you complete with a third party through our BoardPackager system. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE BOARDPACKAGER SYSTEM FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US.
These Terms will be binding upon and inure to the benefit of you and Digital Packager, and any respective successors and permitted assigns. These Terms are personal to you, and are not assignable, transferable or sub-licensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
If any provision of these Terms is determined to be invalid or unenforceable, such determination will not affect the validity or enforceability of any other provision of these Terms.
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
Any waiver of any breach or failure to enforce any provision of these Terms will not be deemed a future waiver of such term or a waiver of any other provision.
These Terms are governed by the laws of the United States and the state of Delaware, irrespective of Delaware's conflicts of laws rules.
For any matters which are not subject to arbitration as set forth in these Terms and/or in connection with the entering of any judgment on an arbitration award in connection with these Terms, the parties irrevocably submit and consent to the exclusive jurisdiction and venue in the appropriate state or federal court of New York county.
Nothing herein shall be deemed to cause these Terms or use of the System to create an agency, partnership, fiduciary relationship, or joint venture between you and us. These Terms do not create any right or cause of action for any third party.
You acknowledge and agree that we are not a landlord, lessor, sub-lessor or grantor, and that we do not have any authority to approve or disapprove any information submitted to the System. You acknowledge and agree that the System is an electronic data management system and by using the System, you affirmatively consent to pay the applicable charges and agree that such payment is for data management and related services and not in violation of any state or federal law.
These Terms constitute the entire agreement between you and Digital Packager with respect to the subject matter contained herein. Those sections meant to survive termination, including Sections 1, 2, 3, 5, 6, 7, 11, and 15 will survive the termination of these Terms.
16. Code of Professional Conduct for Use of BoardPackager
BoardPackager is a platform for real estate transactions, and all users are expected to conduct themselves in a professional manner. These guidelines are posted for all users, including but not limited to clients, partners, vendors and staffers of BoardPackager, herein referred to as “Participant(s)”. This Code of Conduct applies to all forms of use related to BoardPackager, including but not limited to emails, phone calls, and chat communication.
Persistent or excessive misconduct may result in a temporary or even permanent suspension of your ability to use BoardPackager, at BoardPackager’s sole discretion. BoardPackager further reserves the right to remove any content or suspend any account, as well as block all future communication from any offender, without prior notice to Participant and at BoardPackager’s discretion. All confirmed and suspected criminal and unprofessional behavior will be reported to the appropriate authorities.
By using the BoardPackager platform, all Participants agree to:
- Respect fellow Participants by not creating threads or posts that intimidate, bully or insult other people. Online harassment and misconduct such as trolling, flaming, thread assassination, quote hacking, browser bombing, and impersonation is also prohibited. Trolling is deliberately posting provocative, negative or controversial messages to a thread or forum, with the intention of causing maximum disruption and argument, or to make the troll the centre of attention. Trolls will quite often try to "bait" participants into breaking the rules or embarrassing themselves - do not be trollbait; don't feed the trolls!
- Keep things friendly - the use of swearing and vulgar language is not permitted on the BoardPackager platform or related communication forms; this includes attempts to sidestep the automatic profanity filters and the use of slang acronyms that contain swear words.
- Not post or send anything that could be perceived as discriminatory, gross or offensive; such as racist, sexist, pornographic, profane, vulgar, derogatory, hateful, or threatening content and “shock” images or websites.
- Not engage in spamming and flooding. Do not post or send chain letters, solicitations, pyramid schemes and advertisements. If you wish to promote your own website, please restrict this to a discrete link in your communication signature rather than creating new topics just for the exposure.
- Not post or send messages that support or condone any illegal activities, such as drug use, piracy, hacks, warez etc.
- Not post or send anything that could be considered libelous or defamatory.
- Not post or send copyrighted, trademarked or patented material, except for such material that you own or with which you maintain a valid license. Basically, this means that posting wholesale from published books, magazines, game guides etc. is a no-no, as it could land you (and us) in it.
Please note that these rules apply to all images, text and links posted or sent on the BoardPackager platform and to all related BoardPackager communication avenues, such as email, phone or mail.
You can help us keep BoardPackager a professional place by reporting any misconduct listed above by sending an email to firstname.lastname@example.org with “Violation Notice” in the subject line.