As a customer of AQWIRE, you have the option to use AQWIRE’s broad range of real estate solutions. From SAP integrated billing and invoicing systems, SaaS property management solutions. If you wish to continue using any of AQWIRE’s services, you must agree to the Terms and Conditions as provided herein (these “Terms of Service”) regarding Your use of the Service. If you do not agree to these Terms of Service, then you may not access or use the Services.
REPRESENTATIONS AND WARRANTIES; ACKNOWLEDGEMENTS
You represent and warrant to AQWIRE, and your covenant that:
(a) you are of the legal age of majority in your jurisdiction as is required to access the Services and enter into arrangements as provided by the Service.
(b) you are willing and capable of electronically receiving, reviewing, printing and saving all invoices, materials, disclosures, terms or other content delivered to You through the Service and consent to the disclosure by AQWIRE of the information and invoice details required to create and distribute invoices to, and receive billing from, You;
(c) You will provide Your complete and accurate information regarding billing information;
(d) Your liability for any billing you make through the Service using a credit or debit card or ACH will be governed by the agreement for the credit or debit card issuer or bank You use;
(e) You represent you are responsible for ensuring compliance with the laws of your jurisdiction and acknowledge that AQWIRE is not liable for your compliance with such laws.
CHANGES AND AMENDMENTS
You are hereby granted a limited license to use the service to utilize, including making incidental copies arising from the operation of Your browser, the Service, the Site and the content contained on the Site only to receive invoices and billings. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works from, decompiling, reverse engineering, disassembling, transferring or using the Service or any content available on the Site for any other purpose.
These Terms of Service, as changed and modified from time to time, remain in effect until such time as You no longer use the Service to pay invoices and or if it is canceled or terminated by AQWIRE. AQWIRE may cancel Your access to, or any aspect of, the Service at any time by providing written notice to You at the most current email address AQWIRE, as applicable, has for You. You may discontinue use of the Service at any time by providing written notice to AQWIRE via email at [email protected]
Payments made through our online platform will show as “AQWIRE” on the user’s credit card statement.
All title, ownership and intellectual property rights in and to the Service are owned by AQWIRE or its licensors. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other applicable laws. Except as expressly authorized by AQWIRE, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Service, in whole or in part.
You use this service at your own risk. The service and all content made available provided to you by AQWIRE, on an “as is” and “as available” basis without warranty of any kind either express or implied. This includes, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement security, or accuracy. AQWIRE makes no warranty that the service will meet your requirements and that it will be uninterrupted, timely, secure or error-free.
Other than as required under applicable law, under no circumstance will AQWIRE, or any of their respective agents, affiliates, officers, directors or employees, be liable for any loss or damage caused by your reliance on the service or on information obtained through the service or the site, or by your reliance on any product or service obtained from a linked site. You acknowledge that AQWIRE has no control over, and no duty to take any action regarding: which users gain access to or use the Service; what effects the Services may have on You; how You may interpret or use the Services; or what actions You may take as a result of having been exposed to the Services.
AQWIRE does not warrant that the site is compatible with your equipment or that the site is free of viruses, worms, bots or any other harmful, invasive or corrupted files.
You agree to release and to indemnify, defend and hold harmless AQWIRE and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from Your use of the Service or your violation of these Terms of Service. AQWIRE reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, you agree to cooperate with AQWIRE in the defense of such matter.
LIMITATION OF LIABILITY
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICE, SITE, CONTENT ON THE SITE, AND DESCRIPTIONS OF SERVICES PUBLISHED ON THE SITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND AQWIRE SPECIFICALLY DISCLAIM ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. AQWIRE DO NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE SITE IS COMPLETE OR UP-TO-DATE. AQWIRE IS UNDER NO OBLIGATION TO UPDATE THE SITE, THE SERVICE OR THE CONTENT ON THE SITE. AQWIRE MAY CHANGE THE SITE, THE SERVICE AND THE CONTENT CONTAINED ON THE SITE, AND MAY MAKE IMPROVEMENTS OR CHANGES THERETO, AT ANY TIME WITHOUT NOTICE.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE AND SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SERVICE IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER AQWIRE NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF AQWIRE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE SITE OR SERVICE; THE USE OR THE INABILITY TO USE THE SITE OR SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICE; ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT PARTICIPATION IN THE SERVICE); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE SITE OR SERVICE OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE SITE OR SERVICE.
YOU AGREE THAT AQWIRE, NOR ANY OF THEIR AGENTS, OFFICERS, AFFILIATES, OFFICERS, OR EMPLOYEES, WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, OR STRICT LIABILITY, FOR ANY DIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF THE SITE, THE SERVICE, THE CONTENT ON THE SITE OR A LINKED SITE, OR ARISING OUT OF, OR IN CONNECTION WITH, THE DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE, EVEN IF AQWIRE, OR ANY OF THEIR RESPECTIVE AGENTS, AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES, WERE MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, WITHOUT LIMITATION, THE TRANSMISSION OF ANY VIRUSES THAT MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, DATA LOSS, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS, OR ANY FORCE MAJEURE EVENT. AQWIRE CANNOT, AND DO NOT, GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE, THE SERVICE OR THE CONTENT RELATED THERETO.
VIOLATIONS OF THE TERMS OF SERVICE
AQWIRE may, each in their respective sole discretion, immediately terminate Your use of the Site if it believes that You are violating or have violated these Terms of Service or the terms and conditions of the other documents referenced herein. Any such termination will be without prejudice to any other rights that AQWIRE may have against You arising from a violation of these Terms of Service or of the other documents referenced herein. Further, you understand and agree that stopping Your access to or usage of the Site is Your sole right and remedy with respect to any dispute with AQWIRE.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms.
The parties shall use their best efforts to engage directly to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.
If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution begins, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or Your use of the Service shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions.
The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Binding arbitration shall take place in the State of California. You agree to submit to the personal jurisdiction of any federal or state court in California, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND AQWIRE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
The laws applicable to the use of the Site and the interpretation of these Terms of Service shall be the laws of the State of California, United States, and applicable federal law, without regard to any conflict of law provisions.
While this is a web-based service, a printed version this Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You agree that regardless of any statute or law to the contrary, any claim or cause of action you bring arising out of or related to your use of the site, the provision of the service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of AQWIRE to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
These Terms (and any additional terms, rules and conditions of participation that AQWIRE may post on the Service) constitute the entire agreement between You and AQWIRE with respect to the Service and supersedes any prior agreements, oral or written, between You and AQWIRE. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation, the latter will prevail over the Terms to the extent of the conflict.
The section titles in this Terms of Service are solely used for the convenience of the parties and have no legal or contractual significance.
If You have questions, complaints or claims with respect to the Service, You will contact AQWIRE using the relevant contact information set forth above and at [email protected]