Terms and Conditions

General Information

Property Service Management, LLC and its affiliates (collectively, “PSM”) own and operate the psmsuites .com website (the “Site”). By using or browsing the Site, you acknowledge that you have read, understood and agree to be bound to these Terms and Conditions and all applicable laws and regulations. If you do not agree to be bound by these Terms and Conditions, please do not use or access the Site or provide information to us. We may change these Terms and Conditions at any time and without any notice to you, so we recommend that you periodically visit this page to review the current Terms and Conditions. By using this Site after we post any changes, you agree to accept those changes regardless of whether you actually reviewed them. Please also review our Privacy Policy, which governs your visit to the Site and which is incorporated into these Terms and Conditions.

 

Site Contents

The materials and content located on the Site (the "Contents"), including all information and content as well as any software programs available on or through the Site, are owned exclusively by PSM, its affiliates and/or its content providers. The Contents are protected by copyrights, trademarks, service marks, trade dress and other intellectual or ownership rights owned by PSM and its affiliates. Any rights not expressly granted in the Terms and Conditions are reserved for the PSM. All trademarks and service marks appearing on the Site that are not owned by PSM are the property of their respective owners.

 

Online Conduct

You agree to use the Site only for lawful purposes. You are prohibited from posting or transmitting to or through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful material, or any other material that could give rise to civil or criminal liability under any applicable law. We may disclose any content or electronic communication of any kind (including your profile, e-mail address and other information): (1) to satisfy any legal, regulatory or governmental request; (2) if the disclosure is necessary or appropriate to operate the Site; or (3) to protect the rights or property of PSM, its affiliates, and you. We reserve the right to block access from a particular Internet address to the Site at any time and for any reason.

 

Use of Site; Restrictions

This Site and its Contents is intended to be used solely for your personal and non-commercial use. Any other use of the Site or the Contents is strictly prohibited, including but not limited to modification, removal, deletion, uploading, posting, redistribution, re-licensing, selling, duplicating, republication, transmission, publication, distribution, proxy cashing, or any other dissemination without the express written permission of PSM. You may not use any framing techniques to enclose any PSM trademarks or logos nor use any metatags or other hidden text without PSM’s prior written consent. You may not link to the Site without our prior written consent. Use of spiders, robots and similar data gathering and extraction tools is expressly prohibited.

 

You may view and print a copy of the Contents displayed on the Site, and download a copy of any Contents that is designated for downloading, for your personal and non-commercial use only but you may not alter the Contents in any way, including, without limitation, removing or modifying any copyright or other ownership notices. The rights, title and interest in the Contents are not transferred to you by copying or downloading the material.

 

The information provided on this Site is free of charge and for informational purposes only and does not create a business or professional services relationship between you and PSM.

 

Accuracy of Information

PSM uses reasonable efforts to furnish accurate and up-to-date information, but we do not guarantee that any information contained in the Site is accurate, complete, reliable, current or error-free or that the Site will be free from viruses. We also are not responsible for any errors or omissions in the Site. Although we may modify the Contents, make improvements to the Site or correct any error or omission at any time and without notice to you, we are not obligated to do so. We will endeavor to update information in a timely manner but we will not be liable for any inaccuracies. Any use you make of the information provided on the Site is entirely at your own risk and PSM will not be liable for any loss of data, lost profits or any other damages or losses resulting from your use of the Site.

 

Disclaimer of Warranties; Limitations of Liability

THIS SITE AND ITS CONTENTS ARE PROVIDED BY PSM “AS-IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. PSM EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

IN NO EVENT WILL PSM BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, COMPENSATORY, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY KIND WHATSOEVER, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR DATA, ARISING OUT OF OR IN CONNECTION WITH THIS SITE, ANY SITE OR SERVICES LINKED THROUGH THIS SITE, OR ANY COPYING, DISPLAY OR USE THEREOF, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, EVEN IF PSM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE REGARDLESS OF THE REASON. PSM WILL NOT BE LIABLE FOR LOSSES OR DAMAGES ARISING OUT OF OR ANY WAY RELATED TO ANY THIRD PARTY WEB SITES OR THEIR CONTENT ACCESSED THROUGH LINKS IN THIS SITE, YOUR USE OF THIS SITE, OR YOUR USE OF ANY EQUIPMENT OF SOFTWARE IN CONNECTION WITH THIS SITE.

 

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply but liability shall be limited to the fullest extent permitted by law.

 

Indemnification Obligations

You agree to indemnify and hold harmless PSM from any third party claim, action, demand, loss or damages (including attorneys’ fees and costs) arising out of or relating to your violation of these Terms and Conditions, your use of the Site or your violation of any rights of any third party.

 

Remedies for Violations

PSM reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including but not limited to the right to block access from a particular IP address.

 

Links to Third Party Sites

Links on this Site may lead to services or sites not controlled or operated by PSM. We provide these links for your convenience and information. Links are not an endorsement of the site or service. We assume no responsibility or liability for other sites or services. Any use you make of any site or service linked to by this Site is entirely at your own risk.

 

Feedback and Suggestions

All feedback, suggestions and other ideas submitted by you through the Site will be treated as non-confidential and non-proprietary and may be used or disclosed by PSM for any purpose, without any obligation to compensate you. All personal data provided to PSM will be handled in accordance with our Privacy Policy.

 

Applicable Laws; Exclusive Jurisdiction

This Site and the Contents are displayed solely for the purpose of promoting PSM’s services available in the United States of America. This Site is controlled and operated by PSM from its offices in San Diego, California. You are responsible for complying with the laws of the jurisdiction from which you are accessing this Site, and you agree that you will not access or use the information on this Site in violation of such laws. These Terms and Conditions and your use of this Site will be governed by the laws of the State of California, without regard to any conflict of law provision. You agree to submit to personal jurisdiction in San Diego, California and that any cause of action arising under these Terms and Conditions will be tried and litigated exclusively in the state and/or federal courts located in the San Diego County, California, USA. Our failure to enforce any rights under these Terms and Conditions will not constitute a waiver of any terms or conditions of these Terms and Conditions.

 

Arbitration

Any claim or controversy related to these Terms and Conditions or relating to this Site (with the exception of injunctive relief sought by PSM), will be settled by arbitration in accordance with the then-current rules of the American Arbitration Association. The location of arbitration will be in San Diego, California. The decision of the arbitrator will be binding upon the parties. To the fullest extent permitted by applicable law, no arbitration will be joined with an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.

 

Other Terms and Conditions; Contact Us

If there is a determination that any of these Terms and Conditions are invalid or unenforceable, that determination will not affect the remainder of these Terms and Conditions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or under these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or will be forever barred. The section titles in these Terms and Conditions are for convenience only and have no legal effect.

In the event of any question relating to this Site or these Terms and Conditions, please e-mail us at webmaster@mountainwestre.com