Welcome to BoardPackager! This document (“Terms”) governs your use of our website, technology and services (“System”). Your agreement to these Terms is with Digital Packager, LLC (“Digital Packager”). By using the System, you agree to be bound by these Terms and any additional policies located at https://www.boardpackager.com/about/legal
Your use of the System requires uploading your files and content, including but not limited to sensitive financial documents and client applications with personal information (“Your Content”). You maintain all rights and obligations in and to Your Content, except for the limited rights and access you give to Digital Packager to administer the System. Your consent for Digital Packager to access Your Content to administer the System extends to trusted third parties that Digital Packager uses in such administration.
The System allows you to share Your Content with third parties. You remain responsible for the use and misuse of Your Content shared through the System. You may use the System only as permitted by applicable law. Digital Packager is not responsible for: 1) your use of Your Content through the System; 2) the accuracy of any information contained in Your Content, and 3) any resulting decisions of persons or bodies reviewing Your Content on the System. You agree to indemnify Digital Packager from all claims, liabilities, judgments, proceedings, fines and penalties (including a reasonable attorneys’ fee) related to this provision and any violation of these Terms by you.
The System allows you to purchase/download published content provided 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 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/purchased via the 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 firstname.lastname@example.org to an open 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.
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.
Safeguard your account information and access credentials. You may not: (a) distribute, share, sublicense, lend, lease or otherwise make your access credentials to the System available to any third party, (b) modify, adapt, create derivative works from or translate any part of the System, (c) reverse engineer, decompile or disassemble the System or otherwise attempt to obtain its source code, underlying ideas, algorithms, file formats or programming interfaces of the System, (d) remove or alter any copyright, trademark or other proprietary notice contained in the System.
The System contains copyrighted material, trademarks and other intellectual property that is provided by Digital Packager. Digital Packager licenses or owns intellectual property rights in and to the System. These Terms do not grant you any right, title or interest in or to the intellectual property contained in the System.
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 email@example.com:
Digital Packager may from time to time make available to you updates for the System, subject to these Terms.
YOU UNDERSTAND AND AGREE THAT THE SYSTEM IS PROVIDED “AS IS” AND THAT DIGITAL PACKAGER DISCLAIMS ALL 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 THEREOF SHALL BE DEEMED TO PROVIDE A WARRANTY OF ANY TYPE. DIGITAL PACKAGER DOES NOT WARRANT THAT: (a) THE SYSTEM WILL BE ERROR-FREE, (b) USE OF THE SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE, (c) THE SYSTEM WILL MEET YOUR REQUIREMENTS OR (d) THE SYSTEM WILL OPERATE WITH THE HARDWARE OR SOFTWARE CONFIGURATION CHOSEN BY YOU.
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 SYSTEM (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 LIABILITY TO YOU OR ANY THIRD PARTY WILL NOT EXCEED THE PRICE PAID BY YOU FOR THE SYSTEM FOR THE TWELVE (12) MONTHS PRIOR TO THE INCIDENT WHICH GAVE RISE TO SUCH LIABILITY.
Digital Packager may, in its discretion, suspend or terminate your use of the System if it determines you are violating these Terms or improperly or unlawfully using the System. 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 provide a reasonable amount of time for you to export Your Content from the System. Digital Packager will not issue any refunds upon termination.
Before filing any claim against Digital Packager, you agree to try to resolve the dispute informally by contacting firstname.lastname@example.org. Someone will contact you via email for details. If a dispute is not resolved within 30 days of submission, you may bring a formal proceeding as follows: Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by arbitration in New York, New York, USA before at least two (2) 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.
Credit card payment processing services for Property Managers on the 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 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
These Terms will be binding upon and inure to the benefit of you and Digital Packager, and any respective successors and permitted assigns. 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. 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 New York, irrespective of New York's conflicts of laws rules. Any action arising out of or relating to these Terms may be brought exclusively in the appropriate state or federal court of New York county, and you irrevocably consent to the jurisdiction of such courts and venue. 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, and 5, will survive the termination of these Terms.
Digital Packager collects personal information when you use the System. Digital Packager may combine collected information with information obtained from business partners or other companies. Digital Packager stores information with cloud based services and exercises commercially reasonable security measures to protect your Information but Digital Packager cannot be responsible for the integrity or loss of any data stored on third party facilities. When you register, we may ask for information such as your name, email address, birth date, gender, ZIP code, occupation, industry, family information including limited information related to minors and other personal information which may be required or reasonably related to real estate transactions. Such Information from users of the System is required to use the System.
Digital Packager uses electronic mail, other communications applications and social media extensively. Your user experience with the System is entirely dependent on our ability to send and receive electronic mail and to otherwise communicate with you. You hereby expressly consent to our recording, storing and using your email address(es), your telephone, social media records and other communication devices for any purposes that may be relevant to the System and the efficient provision of the System, including, but not limited to, system messaging, product updates, service announcements and other marketing messages. You hereby expressly agree that under no circumstances shall we have any liability for sending or receiving email or notifications to any System user. It is not the Digital Packager policy to send or facilitate Spam or other unsolicited marketing messages. You are expressly prohibited from using the System in any manner that might be considered as engaging in such activities and we reserve the right to immediately terminate access to the System under such circumstances and under such other circumstances as may be related to any such activities.
Digital Packager uses such information for the following purposes, a list which may not be complete: to customize the content you see, meeting your requests for products and services, to improve our services, to contact you, to conduct research, and provide anonymous reporting for internal and external clients and services.
Digital Packager does not rent, sell, or share identifying personal information about you with other people or non-affiliated business partners or companies except as may be necessary to provide products or services you've requested or under the following circumstances: