BUILDING INFORMATION MANAGEMENT SYSTEMS CORPORATION
Last Updated: January 25, 2018
Terms of Service
These Terms of Service (the “Terms of Service”) describe the terms pursuant to which BUILDING INFORMATION MANAGEMENT SYSTEMS CORPORATION (“BIMS”, “Party”, “we”, or “us”) offers you (“User(s)” or “you”) access to services made accessible by us including, but not limited to, those certain BIMS Property Organizer Services (“PO”) provided at or using the domain www.propertyorganizer.com and BIMS interconnected and related systems which provide a Central Property Management System, or central hub of information for owners of real property, personal property, fixtures, or such other similar assets (the “Asset Owners”), and the various parties with whom such Asset Owners interact (collectively, the “Site”); the other tools and/or applications made available by BIMS including, but not limited to, BIMS Link Inspect Pro (“LIP”), BIMS Link Service Pro (“LSP”), BIMS Link Manage Pro (“LMP”) and various other desktop and software applications related to the Site (including “PO”, the “Applications”); various Asset Owner data that may be uploaded by an Asset Owner to the Site including but not limited to various asset, property, or chattel data, ownership and service files, inspection history, management data, service history, asset and liability information related to a specific property, information related to any service engagement and/or service providers retained by an Asset Owner, and other documentation, images, text, social media content, metadata, and other material available through the Site or the Application or uploaded by a User or Asset Owner to the Site or Application (the “Content”); and functionality for accessing our social media platform, posting messages and/or reviewing or posting commentary related thereto (“Social Media Files”) to the Site or another device (all of the foregoing, including but not limited to the Site, the Applications, the Content, and the Social Media Files collectively referred to as the “Service”). These Terms of Service apply when a User accesses, visits, or uses any portion of the Service, or accesses any of the Content, including but not limited to those services available through BIMS Property Organizer.
BIMS Property Organizer
Asset Owners hold a variety of significant real, personal, and other property and fixtures, which quite often may include a single asset that encompasses the majority of a person’s or company’s net worth, or net equity, as the case may be. Managing and organizing these real, personal, and other property and fixtures, and related documentation, can be an overwhelming task. BIMS Property Organizer aims to alleviate this burden by creating a centralized location that allows a User to track assets, images, documents, warranties, contacts, contractors, receipts, calendar of events, maintenance tasks, and other related materials. BIMS Property Organizer seeks to give you the power to have years of information organized in a central location for all of a User’s properties, and all made available at your fingertips at any time.
One of BIMS Property Organizer’s most important goals is to allow its you to create asset and fixture inventory schedule(s), including important identifying information such as serial numbers, manufacturers, warranty documentation, and other related information, while simultaneously allowing you to customize such asset schedules according to his, her, or its own unique needs, and thereafter allowing a User to configure, optimize, categorize, and view such asset schedules, and accompanying photos, in a variety of formats, which you can further customize, edit, add, or delete as they see fit. Furthermore, BIMS Property Organizer strives for “99.99% uptime” and daily offsite backups, with a 256-bit Advanced Encryption to allow BIMS Property Organizer to meet its goal of keeping User data continuously available, safe, while aiming to providing you with immediate access to such important information at any time of necessity.
IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU SHOULD NOT USE THE SITE, YOU SHOULD DELETE THE APPLICATIONS FROM YOUR DEVICES, AND YOU SHOULD NOT ACCESS OR USE ANY PORTION OF THE SERVICE.
1. About the Service; Eligibility. The Service allows you to create a unique Central Property Management System and store and share information and various data related to real property, personal property, fixtures, or such other similar assets owned by you and to create two-way, multiple party, and/or limited or general access to such information and data dependent upon authorization levels which data and information shall include but not be limited to property, fixture, chattel, or such similar asset(s) analysis, inspection data, reports, property management and service information, service data, service requests, and related conversations and interaction on a large scale by way of its unique multi-user platform. This Service is not intended for Users who are under the age of eighteen (18) years old. If a User is not at least eighteen (18) years old please do not access, visit, or use the Service without the supervision of your parent or guardian. If a User is between the ages of thirteen (13) and eighteen (18), a User may access the Service with the permission of User parent or guardian.
2. Acceptance of the Terms of Service. You accept these Terms of Service and agree to be bound by these Terms of Service when you access, visit or use the Service or create a BIMS Account (as defined below). Please read these Terms of Service carefully because they govern a User’s access to and use of the Service and set forth legally binding terms applicable to User use of the Service.
Notice Regarding Dispute Resolution:
These Terms of Service contain provisions that govern how claims a User and BIMS may have against each other are resolved below (see the Section entitled Limitation of Liability, the Section entitled Choice of Law and Forum and the Section entitled Arbitration Agreement and Waiver of Class Action Remedies). These aforementioned Section(s) also contain an Agreement to Arbitrate, which will, with limited exception, require a User to submit claims a User may have against us to binding and final arbitration, unless a User opts-out of the Agreement to Arbitrate in accordance with the Agreement to Arbitration Section. Unless a User opts-out: (A) User will only be permitted to pursue claims against BIMS on an individual basis, not as part of any class or representative action or proceeding and (B) User will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
3. Amendments. BIMS may amend or modify these Terms of Service at any time, and such amendments or modifications will be effective immediately upon being posted on or to the Site. You may also be required to accept the amended or modified Terms of Service upon logging in to a User’s BIMS Account in order to continue using the Service. Alternatively, we may post any material changes to these Terms of Service on the Site with a notice advising of the changes in advance of the effective date of the changes. If a User does not agree to the new terms, User may terminate a User’s BIMS Account within the applicable thirty (30) day period and User will not be bound by the new terms. Otherwise, the new terms will take effect after thirty (30) days. Further, each time you use the Site, you should review the current Agreement. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement. Lastly, but importantly, your continued use of the Site will indicate your acceptance of the current Agreement
4. BIMS Accounts and Registration. To access the full functionality of the Service, a User must create an account with which User Registration Data (as defined below), User Content (as defined below), or other information which will be associated with the User account (a “BIMS Account”). This access to BIMS Service is obtained by entering valid login credentials, or by entering a valid e-mail address and other information determined by BIMS. By creating a BIMS Account a User represents that User is: (i) over the age of eighteen (18), using the Service under the direct supervision of User’s parent or guardian, or is using the Service with the permission of a User’s parent or guardian if User is between the ages of thirteen (13) and eighteen (18); (ii) of legal age to form a binding contract; and (iii) not barred from using the Service under the laws of any jurisdiction from which User may access the Service.
4a. Creating an Account. By creating a BIMS Account, User agrees to: (i) provide true, accurate, current, and complete information about User, such as User’s name and e-mail address, and other biographical information, as prompted by the Service’s registration form (the “Registration Data”); (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; (iii) provide, if applicable, a valid payment method for paying any fees associated with the Service; (iv) use only the BIMS Account User created to access the Service or any User Content via the Service; (v) not allow User BIMS Account to be used by anyone else to access the Service or any of User Content; and (vi) not use the name of another person with the intent to impersonate that person or in a way that otherwise causes confusion as to the origin of User account. If User provides any information that is untrue, inaccurate, not current or incomplete, or that impersonates another person, or if BIMS has reasonable grounds to suspect that the information User provides is untrue, inaccurate, not current or incomplete, or impersonates another person, BIMS may suspend or terminate a User’s BIMS Account and refuse to allow User to use the Service at any time. BIMS may associate User Content uploaded to, or otherwise made available by User or accessed by User via the Service, with the User’s BIMS Account. You hereby consent to the use of User’s activities on the Service by BIMS to optimize the availability and presentation of Content and/or User Content to User or to other User(s) of the Service.
4b. Termination of Your BIMS Account. We may terminate a User’s BIMS Account, or impose limits on or restrict access to parts or all of the Service at any time, without notice or liability. In the event that a User’s BIMS Account is terminated, we will cease charging User any fees that may be applicable.
4c. Payment. If you are on a monthly payment subscription and elect to cancel your service, you will receive no refund for the month in which you cancelled the service. There are no refunds for previous months that you were billed for the service. If you are on an annual prepaid subscription and elect to cancel your service, there is no full refund and no pro-rated refund amount based on the number of days left in your annual service from the day we receive your cancellation request. All other payments for products or services are non-refundable.
4d. Subscription. Subscriptions may be offered on an annual or monthly basis as indicated on the Site. The fee that we will charge you for your Subscription will be the price posted on the Site on the date that you register for the Service. BIMS reserves the right to change prices for Subscriptions at any time, and does not provide price protection or refunds in the event of promotions or price decreases. We will charge your account (credit card, debit card, etc.) for your first Subscription fee on the date that we process your order for your Subscription (or if you sign-up for a Subscription that includes a free-trial period, we will charge your account for your first Subscription fee upon the expiration date of the applicable free-trial period). Once your account is charged the first Subscription fee (or if you sign-up for a Subscription that includes a free-trial period, once we have processed your order for your Subscription), you will receive a confirmation email notifying you of your ability to access those Subscription-only portions of the Site.
IMPORTANT NOTICE: BIMS WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION MONTHLY OR ANNUALLY ON THE SAME DATE EACH FOLLOWING MONTH FOR MONTHLY SUBSCRIPTIONS OR ON THE ANNIVERSARY DATE FOR ANNUAL SUBSCRIPTIONS OF THE DATE THAT BIMS FIRST CHARGES YOUR ACCOUNT (CREDIT OR DEBIT CARD, ETC.) FOR THE FIRST SUBSCRIPTION FEE AND, AS AUTHORIZED BY YOU DURING THE SUBSCRIPTION SIGN-UP PROCESS, BIMS WILL CHARGE YOUR ACCOUNT WITH THE APPLICABLE MONTHLY OR YEARLY SUBSCRIPTION FEE AND ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON YOUR SUBSCRIPTION FEE PAYMENT (UNLESS YOU CANCEL PRIOR TO THE APPLICABLE RENEWAL DATE). EACH SUBSCRIPTION RENEWAL PERIOD IS FOR ONE MONTH OR ONE YEAR, DEPENDING ON THE TYPE OF SUBSCRIPTION ORDERED.
YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY CONTACTING BIMS THROUGH AN ESTABLISHED SUPPORT LINE, OR CONTACTING BIMS THROUGH INFO@BIMSCORP.COM. BIMS REQUIRES A REASONABLE AMOUNT OF TIME TO PROCESS YOUR SUBSCRIPTION CANCELLATION REQUEST. IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL ENJOY YOUR SUBSCRIPTION BENEFITS UNTIL THE EXPIRATION OF THE THEN-CURRENT YEARLY OR MONTHLY SUBSCRIPTION TERM FOR WHICH YOU HAVE PAID, AND YOUR SUBSCRIPTION BENEFITS WILL EXPIRE AT THE END OF THE THEN-CURRENT MONTHLY OR YEARLY SUBSCRIPTION TERM, AS APPLICABLE.
FREE TRIAL PERIODS: YOU MAY BE OFFERED A FREE-TRIAL PERIOD. PLEASE NOTE THAT IF YOU DO NOT TERMINATE YOUR ACCOUNT PRIOR TO THE CONCLUSION OF THE FREE TRIAL PERIOD, YOUR ACCOUNT WILL BE AUTOMATICALLY CONVERTED TO A PAYING SUBSCRIPTION ACCOUNT AT THE END OF THE FREE TRIAL PERIOD. IF YOU TERMINATE YOUR ACCOUNT PRIOR TO THE CONCLUSION OF THE FREE TRIAL PERIOD YOUR ACCOUNT WILL BE AUTOMATICALLY TERMINATED AND ALL INFORMATION WE HAVE RECEIVED DURING THE TRIAL PERIOD WILL BE UNRECOVERABLE.
You will be liable for paying any and all applicable sales and use taxes for the purchase of your Subscription based on the mailing address that you provide when you register your account, and you authorize BIMS to charge your credit or debit card for any such applicable taxes.
4e. Refund Policy. If you are on a monthly payment subscription and elect to cancel your service, you will receive no refund for the month in which you canceled the service. There are no refunds for previous months that you were billed for the service. If you are on an annual prepaid subscription and elect to cancel your service, there is no full refund and no pro-rated refund amount based on the number of days left in your annual service from the day we receive your cancellation request. There are no refunds for previous years that you were billed for the service.
5. User Content. See sections 5a, 5b, 5c below:
5a. Responsibility for User Content. If User has a BIMS Account, a User may be able to upload, save, store, post, vote, display, add, edit, email, transmit, create or share various property or chattel data, documents, various property or chattel service provider data, commentary or topics of discussion,or other information or data of any kind whatsoever, or otherwise make available content through the Service (“User Content”). All User Content uploaded, entered, or posted by a User will be associated with your BIMS Account. You, and not BIMS, will be solely responsible for all User Content associated with a User’s BIMS Account, and other User(s) of the Service, and not BIMS, are similarly responsible for the User Content associated with their respective BIMS Accounts. By posting User Content on the Service, the User agree to assume full responsibility for the applicable User Content and represents that: (i) User is the sole owner of all User Content that User make available through the Service or that the User has all rights, licenses, consents and/or releases necessary to make User Content available through the Service and to grant to BIMS the rights to User Content described in these Terms of Service, (ii) the User Content does not and will not infringe the rights of any third parties, including any intellectual property rights, publicity rights or rights of privacy, and (iii) all of User Content and other information that User provides to us is truthful and accurate. BIMS has the right, but not the obligation, to pre-screen, refuse, or remove any User Content that violates these Terms of Service or that it otherwise deems objectionable. Should User BIMS Account or User Content be removed from the Service, BIMS reserves the right to retain User Content for backup, archival, advertising, or audit purposes. This Site may allow you to transfer such User Content to another user or to any person that has purchased your residence or that you wish to share with. You represent and warrant that you have full right, power and authority to post and transfer the User Content and that doing so will not violate the rights or interests of any third party. BIMS is not responsible for any loss, damage, mutilation, alteration, theft, deletion or modification of any User Content.
5b. BIMS Rights in User Content. BIMS does not claim Ownership of User Content. However, the User grants BIMS a perpetual, worldwide, royalty-free, non-exclusive, sub-licensable, transferable and irrevocable right and license to use, distribute, publish, reproduce, copy, modify, adapt, publicly perform and publicly display User Content and to incorporate User Content into any form, medium or technology, and to exercise any and all copyright, trademark, publicity, and database rights the User has in User Content in any media known now or in the future in connection with the Service, all without compensation to the User. This license includes, without limitation, the right for us to use, feature, display, or highlight any User Content that the User posts to the Service from the Service or other third party information and websites including, but not limited to, any Social Media Service. You release BIMS from and against any and all claims of any kind which the User may have against BIMS in connection with such use, including, but not limited to, those based on copyright, rights of publicity, or privacy. You understand that the technical processing and transmission of data associated with the Service, including User Content, may require: (i) transmissions over various networks; and (ii) changes to User Content to conform and adapt to technical requirements of connecting networks or devices.
5c. Prohibited User Content. While using the Service, the User agrees that the User will not upload, post, e-mail, transmit, or otherwise make available any User Content that:
- is unlawful, harmful, threatening, abusive, harassing, tortious, infringing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or is racially, ethnically or otherwise objectionable;
- creates a risk of harm, loss, or damage to any person or property or a risk of physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, or to any other person, or to any animal;
- violates, or encourages any conduct that violates laws or regulations or contains any information or content that is illegal; or
- infringes any third party’s intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights or contains any information or content that User do not have a right to use or exploit under any law or under contractual or fiduciary relationships.
6. Prohibited User Conduct. While using the Service, the User agrees not to engage in any of the following prohibited activities:
- use, display, mirror, or frame the Service, any individual element within the Service, the BIMS name, trademarks, logos or other proprietary information, or the layouts and designs of any portion of the Service, without our express written consent;
- access the Service by any means other than through interfaces provided by BIMS and as otherwise expressly authorized under these Terms of Service;
- access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
- avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by BIMS or any of our providers or any other third party (including another User) to protect the Service;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service;
- attempt to access or search the Service or scrape or download Content or User Content from the Service, or otherwise use, upload content to, or create new links, reposts, or referrals in the Service through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by BIMS or other generally available third party web browsers;
- send any unsolicited or unauthorized spam, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation;
- use any meta tags or other hidden text or metadata utilizing the Service or a BIMS trademark, logo, or URL without BIMS’s express written consent;
- attempt to decipher, decompile, disassemble or reverse engineer any of the Applications or other software used to provide the Service;
- interfere with, or attempt to interfere with, the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
- reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Service (including User BIMS Account) or User access to or use of the Service;
- collect or store any personally identifiable information from other members of the Service without their express permission;
- stalk or otherwise harass another person or entity;
- impersonate or misrepresent User affiliation with any person or entity;
- violate any applicable law or regulation;
- without limiting any other provision of these Terms of Service, allow any other person or entity to use User BIMS Account so that such other person or entity may access any User Content or transfer Social Media Files on User device to any other device; or
- encourage or enable any other individual to do any of the activities prohibited in these Terms of Service.