Welcome to the PropReports Web site. These terms and conditions govern your use of this site including, but not limited to, all content and software ("Web site"):
This Web site is owned and operated by Barshay Software, Inc. ("Barshay"). Any legal claims or concerns regarding this Web site should be addressed to:Barshay Software Inc.
Except where otherwise indicated or agreed to in writing, the content featured or displayed on this Web site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations, data, calculations and software, belongs to Barshay, its licensors and its content providers, and is protected by copyright, trade dress, moral rights, trademark and other laws relating to intellectual property rights, to the fullest extent applicable under both United States and foreign laws. Unauthorized use of the materials available on this Web site could subject you to liability under copyright, trademark, trade dress, unfair competition, and other laws of the United States.
It is possible that your access to this Web site, is made possible because of a license agreement between Barshay and another entity (for which you are either an employee, business associate or a customer), in the event that such entity fails to pay its license fee in a timely manner or otherwise breaches or terminates its agreement with Barshay, your access to this Web site may be revoked without warning and your data may be lost or destroyed; in no event shall Barshay have any obligation to you to maintain such data or deliver such data to you; it is your sole responsibility to back up any data you maintain via this Web site.
Barshay authorizes you to print, copy and export materials from the PropReports software on this Web site for the sole purpose of facilitating your personal, noncommercial use and retention of information. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Web site or its content. Nor may you use any network monitoring or discovery software to determine the Web site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Web site or its content without our prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Web Site, except to the extent permitted above.
Barshay, the Barshay logo, PropReports, and the PropReports logo are trademarks of Barshay Software, Inc., protected under the laws of the United States and other countries. Other parties' trademarks used, depicted or identified on this Web site are the property of their respective owners, used here by permission, and may be registered in one or more countries. Use on this Web site of the trademark(s) of any other party is not intended to imply Barshay's affiliation with or endorsement of that party, or that party's sponsorship or endorsement of Barshay, its products or services.
There may be content contained on our Web site that is generated by third parties that we do not review and in connection with such content, we perform no editing function. You rely on such third party content at your own risk. We avail ourselves of the protections of the Digital Millennium Copyright Act and reserve the right to remove any content that is alleged to infringe the copyright of another party. Notices to us regarding any alleged copyright infringement on our Web site should be directed to:Barshay Software Inc.
Retention and Use of Personal Information: Barshay respects your ability to make informed choices about the collection and uses of your personal information. Barshay logs IP addresses for reasons including, but not limited to, security-related prevention, response, and audit activities. In order to tailor future releases to users' needs, other information may be collected through users' web browsers. This information includes, but is not limited to, connection speed, operating system, web browser, and browser version.
You may also provide your credit card number or other billing or contact information: we will keep such information on file. Barshay takes every reasonable effort to protect the information stored in its database, but cannot guarantee complete freedom from risk, and will not be liable for inadvertent disclosures of personal information that result from circumstances beyond Barshay's reasonable control, such as hacking or other malicious attacks on the security of this Web site.
Any such personal information as may from time to time be collected from this Web site may be stored indefinitely. Barshay may share statistical information about its users with third-party associates. Barshay does not share information with other companies other than its own associates and customers, and does not sell individual information; however, we reserve the right to sell or otherwise transfer such information to a legitimate successor-in-interest to our company or its business assets. Any personal information we collect may be used for such purposes as processing transactions, customer service, marketing, product and service development, and facilitating subsequent use of this Web site. We also reserve the right to (a) disclose any such personal information if required to do so by law, or in the good faith belief that such action is reasonably necessary to comply with legal process, respond to claims, or protect the rights, property or safety of our company, employees, customers, or the public, and to (b) transfer or sell such personal information to any legitimate successor-in-interest to Barshay's business in the event of the sale, acquisition, or insolvency of the company. Barshay shall not be required to release any information it maintains, confidential or otherwise, unless it is ordered by a court or a government agency to provide such information.
The Web site may contain links to web sites not operated or maintained by Barshay. These links are provided solely as a convenience to you and not as an endorsement by Barshay of the contents of such third party web sites. Barshay is not responsible for the content of the sites of others and makes no representation regarding the content or accuracy of materials on such sites. If you decide to access linked third-party web sites, you do so at your own risk, and waive any and all claims against Barshay regarding the inclusion of links to outside web sites or your use of those web sites. The third party sites may contain User Agreements or Terms and Conditions to which you are subject while using those sites. We encourage you to become familiar with the privacy policies of any linked site when you access that site.
Barshay uses reasonable efforts to ensure the accuracy, correctness and reliability of the calculations and information provided via the PropReports software, but we make no representations or warranties as to the accuracy, reliability, completeness, or timeliness of any information, calculations or material on our Web site. It is the users sole responsibility to verify the accuracy of such information, calculations and/or materials. The use of the Web site is at your own risk. All third-party content is the sole responsibility of the third-party content provider. Upgrades and changes are periodically made to the Web site and may be made at any time.
DISCLAIMERS OF WARRANTIES: BARSHAY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND/OR OTHER HARMFUL MATERIALS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, BARSHAY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. BARSHAY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. BARSHAY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND/OR LINKS.
BARSHAY AND ITS SUPPLIERS ARE NOT ENGAGED IN RENDERING LEGAL, FINANCIAL, ACCOUNTING OR OTHER PROFESSIONAL SERVICE. IF SUCH ASSISTANCE IS REQUIRED, THE SERVICE OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT. BARSHAY AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE WEB SITE WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS INCLUDING BUT NOT LIMITED TO REGULATIONS PROMULGATED BY THE U.S. SECURITIES AND EXCHANGE COMMISSION OR ANY RULES OF ANY NATIONAL OR OTHER SECURITIES EXCHANGE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE WEB SITE IS IN ACCORDANCE WITH APPLICABLE LAW.
DISCLAIMER OF CONSEQUENTIAL DAMAGES: EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER BARSHAY NOR ITS DIRECTORS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM THE USE OR PERFORMANCE OF THIS WEB SITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEB SITE, EVEN IF BARSHAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REMEDY: IF YOU ARE DISSATISFIED WITH THIS WEB SITE, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE WEB SITE.
Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions. Barshay makes no representation of any kind with respect to the applicability and enforceability of laws or policies of countries other than the United States over the content of this Web site and the provisions of these Terms and Conditions.
This Agreement shall be interpreted, construed and governed by the laws of the State of Washington, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the Superior Courts of the State of Washington in King County or the Federal District Courts of the Western District of Washington (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, Barshay shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Barshay, such action is necessary or desirable.
Should any clause of these Terms and Conditions of Use be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Barshay's failure to expressly enforce any provision of these Terms and Conditions does not waive its rights to enforce that or any other provision.
We reserve the right to change these Terms and Conditions of this Web site, without notice. These conditions set out the entire agreement between Barshay and you relating to your use of this Web site.
© 2010 Barshay Software, Inc. All rights reserved.