User Agreement (Please read carefully)

This User Agreement ('Agreement') contains the terms and conditions ('Terms') for the use of Apartment Information Management Software ('AIMS'). Do not install or use AIMS until you have carefully read this Agreement.

Acceptance of Terms - This Agreement is a legally binding agreement between ATE Partners ('ATE') and you and any third party to whom you provide or allow access to www.aimsanywhere.com (the 'Site') or who otherwise benefits from your use of AIMS. Use of AIMS is subject to the Terms contained herein and such use constitutes your acceptance of these terms. If you do not agree to the Terms do not install or use this software. By using or entering any information into AIMS you indicate that you have read and agree to the Terms of this Agreement. No signature is required. ATE may amend the Terms from time to time without notice to you, other than posting the amended Terms to the Site. Unless otherwise agreed to in writing between you and ATE, the Terms, as amended, shall govern your use of AIMS. You agree to print a copy of this Agreement for your files, along with copies of any changes in Terms posted to the Site in the future.

Registration; Passwords and Security - You must register to use AIMS. By registering you agree to: (1) provide true, accurate, current and complete information as prompted by the applicable registration form and (2) maintain and promptly update the information. If you provide any information that is untrue, inaccurate, not current or incomplete, or ATE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ATE has the right to refuse any and all current or future use of AIMS (or any portion thereof). During the registration process, you will designate a user name and password. You are responsible for maintaining the confidentiality of the user name and password, and are responsible for all activities that occur under your user name and password, whether or not authorized by you. ATE will not be liable for any loss or damage arising from your failure to comply with all Terms contained in this Agreement. The export or re-export of this software is prohibited except as specifically authorized under the Export Administration Act and its regulations ('EAA'). AIMS is available only through the internet and there is no physical medium distributed.

Rules for and Limitations on Use - ATE may establish rules for and limitations on use of AIMS. ATE reserves the right to change these rules and limitations at any time, in its sole discretion, with or without notice to you. ATE may modify or discontinue AIMS temporarily or permanently, (or any part thereof) and may remove content from AIMS, with or without notice to you. ATE will not be liable to you or to any third party for any modification or discontinuance of AIMS or removal of content from AIMS. You may not reproduce, duplicate, copy, sell, or resell any portion of AIMS, use of AIMS, or access to AIMS. Information provided by ATE is not warranted to be accurate or complete, and will not constitute a warranty or representation by ATE. ATE has no responsibility or liability for damages or claims relating to your use of AIMS on a professional basis or any other use for the benefit of any third party. Nevertheless, if you use AIMS on a professional basis or for the benefit of any third party, you agree to print a copy of this Agreement, along with copies of any changes in Terms posted to the Site in the future, and deliver such copies to all third parties, and obtain their agreement to the Terms in writing. By installing, copying or otherwise using AIMS for the benefit of any third party, you and each third party agree to be bound by the Terms. If any third party does not agree to the Terms, you agree not to use AIMS for the benefit of that third party. ATE may amend the Terms from time to time without notice to you or to any third party other than posting the amended notice to the Site. You are responsible for verifying the accuracy of all information in AIMS. You are responsible for acquiring and maintaining all equipment, computers, software and communications services relating to the access of the Site and use of AIMS, and for all expenses relating thereto. The payment of all applicable fees and charges to ATE must be made as provided on the Site and, except as otherwise provided herein, all fees and charges are non-refundable.

User Content - Certain areas of the Site allow users to upload and post content (collectively, 'User Content'). You are solely and entirely responsible for any User Content you provide on the Site. You understand and expressly agree that ATE assumes no responsibility for the accuracy, integrity or quality of such User Content or liability for any User Content. By uploading and posting User Content on the Site, you warrant that: (1) you are the owner of such User Content or have been granted by the owner all the rights necessary to submit such User Content to ATE; and (2) such User Content will not infringe the intellectual property rights of or otherwise violate the rights of any third party. ATE is not responsible if the User Content you post contains errors or omissions; is offensive, objectionable, defamatory or otherwise violates any intellectual property right or any other proprietary right of a third party; or for loss or damage of any kind incurred as a result of such User Content. ATE reserves the right to remove any User Content from the Site at any time and for any reason.

ATE’s Proprietary Rights, Limited Licenses, Trademarks and Trade Secrets - You acknowledge and agree that AIMS and any content used in connection with AIMS, including any software accessible through the Site, contain ATE proprietary and confidential information that is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. AIMS and all other ATE products and services names and design logos are trademarks and/or service marks of ATE (the 'ATE Marks'). ATE shall own all right, title and interest in and to AIMS, subject only to the express licenses granted herein. Subject to the Terms, ATE grants you a non-transferable and non-exclusive right and license to use AIMS. You are not permitted to (and may not allow any third party to) copy, modify, adapt, translate, lease, ret, loan, establish a hyperlink to, frame within any website, distribute, create a derivative work of, reverse engineer, disassemble, decompile, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in AIMS. You agree not to modify the software in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to AIMS. Without ATE’s prior permission, you agree not to display or use the ATE Marks in any manner. ATE reserves all patent, copyright, trade secret, trade name, trademark, license and other proprietary rights related to its software, services and products and you shall not infringe upon or violate such rights. This Agreement does not limit any rights that ATE may have under trade secret, copyright, patent or other laws.

Termination - ATE, in its sole discretion, may terminate your use of AIMS for any reason without prior notice to you. You acknowledge and agree that ATE may immediately deactivate or delete your user account and all related information and files in your user account and/or bar your further access to AIMS. ATE will not be liable to you or any third party for any termination of your access to the Site and/or use of AIMS. The license provided herein shall automatically terminate on the date ATE decides to remove or terminate AIMS. In addition, your license shall terminate immediately if you breach any of the Terms and ATE is entitled to enforce its rights under this Agreement by an action for damages or by specific performance, injunctive or other equitable relief.

Dealings with ATE’s Affiliates - Your dealings with other entities promoted on or through AIMS, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such other entity. You agree that ATE shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the promotion of such other entities on AIMS.

Links - AIMS may provide links to other World Wide Web sites or resources. ATE has no control over or responsibility for such sites and resources. You agree that ATE is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, terms and conditions, or other materials on or available from such sites or resources. However, we encourage you to read any applicable terms and conditions or privacy policies at such sites. ATE provides these links to you only as a convenience.

Refunds - If you are not satisfied with AIMS, your exclusive remedy shall be to stop using AIMS. ATE has no obligation to refund any fees. You may request a refund of any fees paid by sending an email to sales@aimsanywhere.com and identifying your name, address, date of purchase and contact information and an explanation of the problem and why you expect a refund. Any fees refunded will be prorated by the amount of time the product was used which is defined as the date of purchase to the date of the request for refund.

Disclaimer of Warranties - YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AIMS IS AT YOUR SOLE RISK. AIMS IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITH NO WARRANTY. ATE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS OR PRODUCTS PROVIDED TO OR IN CONNECTION WITH AIMS. ATE SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM THE USE OR INABILITY TO USE AIMS. ATE MAKES NO WARRANTY THAT (1) AIMS WILL MEET YOUR EXPECTATIONS, (2) AIMS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (3) ANY ERRORS IN AIMS WILL BE CORRECTED, OR (4) THAT AIMS OR SOFTWARE ARE SECURE, FREE FROM BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN WHOLE OR IN PART TO YOU. IN THAT EVENT, EXCEPT AS PROHIBITED BY LAW, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 30 DAYS FROM THE DATE OF PURCHASE OF AIMS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF AIMS IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. ALL WARRANTIES AND GUARANTEES GIVEN OR MADE BY ATE WITH RESPECT TO AIMS (1) ARE FOR THE BENEFIT OF THE REGISTERED USER OF AIMS ONLY AND ARE NOT TRANSFERABLE, AND (2) SHALL BE NULL AND VOID IF YOU BREACH ANY TERMS OF THIS USER AGREEMENT. THIS DISCLAIMER OF WARRANTIES AND LIABILITIES APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELECTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORD OR SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.

Indemnity - You agree to indemnify, defend and hold harmless ATE, its affiliates, officers, directors, employees, consultants and agents from any and all claims, liability, damages and/or costs (including without limitation attorneys’ fees and legal costs) arising out of or related to any User Content that you upload or post to the Site, including, but not limited to, any third party claim that the User Content (or any part thereof) you uploaded or posted infringes any copyright, trademark, tradename or patent rights of a third party, defames or invades any right of publicity or privacy, or otherwise infringes any other proprietary right; or otherwise arising out of or related to your use of AIMS or your violation of the Terms.

Limitation of Liability - EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, YOU AGREE THAT THE MAXIMUM LIABILITY OF ATE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR USE OF AIMS. YOU AGREE THAT ATE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE AIMS; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM AIMS; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT BY ANYONE OTHER THAN ATE; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON AIMS; OR (5) ANY OTHER MATTER RELATING TO AIMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE LIMITATIONS OF DAMAGES AND LIABILITY PROVIDED HEREIN ARE MATERIAL ELEMENTS OF THIS USER AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT ATE WOULD NOT BE ABLE TO PROVIDE AIMS ON AN ECONOMIC BASIS WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT, ATE HAS NO RESPONSIBILITY OR LIABILITY FOR DAMAGES OR CLAIMS RELATING TO ANY USE OF ATE’s SOFTWARE, PRODUCTS OR SERVICES ON A PROFESSIONAL BASIS, AND YOU AGREE TO INDEMNIFY ATE AGAINST ANY CLAIMS RELATING TO SUCH USE. YOU ALSO AGREE NOT TO HOLD OR TRY TO HOLD ATE LIABLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR PARTICIPATION IN THIRD PARTY SERVICES OR PROVISION OF SERVICES TO ANY THIRD PARTY.

International Use - Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Notices - Notices to you may be made via either email or regular mail. AIMS may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on AIMS. You are responsible for keeping ATE apprised promptly of any change in your email address, mailing address and/or phone number so that you can be provided with any notices that ATE wishes to send to you.

Records - Except to the extent required by applicable law, ATE has no obligation to store, maintain or provide to you any information that you provide to ATE. You agree to download your data or print and save copies of your own information and data at regular intervals.

General Information - The Terms constitute the entire agreement between you and ATE and govern your use of AIMS, superceding any prior agreements between you and ATE. You also may be subject to additional terms and conditions that are applicable to certain Services. The failure of ATE to exercise or enforce any right or provision of the Terms or this Agreement shall not constitute a waiver of such right or provision. If any provision of the Terms or the Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that the arbitrator should give effect to the parties’ intentions as reflected in the provision, and all other provisions will remain in full force and effect. You may not assign the Terms or any of your rights or obligations under the Terms without ATE’s express written consent. The Terms inure to the benefit of ATE’s successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of AIMS or the terms and conditions contained in this Agreement must be filed within one year after such claim or cause of action arose or the claim or cause of action shall be forever barred.

Choice of Law and Arbitration - This Agreement will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of laws principles. Each party agrees to submit any and all disputes concerning this Agreement, if not resolved between the parties, first to mediation. If not resolved by mediation then to binding arbitration under a neutral, independent and impartial arbitrator in accordance with the Commercial Rules of the American Arbitration Association ('AAA'); provided, however, the arbitrator may not vary, modify or disregard any of the provisions contained in this section. The decision and any award resulting from such arbitration shall be final and binding. The place of arbitration will be at ATE’s offices or a location designated by ATE. The arbitrator is not empowered to award damages in excess of compensatory damages and you irrevocably waive any right to recover such damages with respect to any dispute resolved by arbitration. The fees of the arbitrator will be borne equally by you and ATE. The language of arbitration will be English. Any final decision or award from arbitration under this section will be in writing and reasoned. Each party will bear their own costs and expenses that are reasonable and necessary for participating in arbitration under this section. As part of any arbitration conducted under this section, each party may: (1) request from the other party documents and other materials relevant to the dispute and likely to bear on the issues in such dispute, (2) conduct no more than one oral deposition which will be limited to a maximum of four hours in testimony, and (3) propound to the other party no more than 30 written interrogatories, answers to which the other party will give under oath. All the dispute resolution proceedings contemplated in this section will be as confidential and private as permitted by law. The parties will not disclose the existence, content or results of any proceedings conducted in accordance with this section, and materials submitted in connection with such proceedings will not be admissible in any other proceeding; provided, however, that this confidentiality provision will not prevent a petition to vacate or enforce an arbitration award, and shall not bar disclosures required by law. The parties agree that any decision or award resulting from proceedings in accordance with this section shall have no preclusive effect in any other matter involving third parties. All applicable statutes of limitation and defenses based upon the passage of time will be tolled while the procedures specified in this section are pending. The parties will take such action, if any, required to effectuate such tolling. The arbitration shall be governed by the United States Arbitration Act and any court having jurisdiction may enter judgement upon the award rendered by the arbitrator.

Changes to the Agreement - ATE reserves the right to amend or change the Agreement at any time, for any reason, without notice to you, other than the posting of the amended Agreement at this Site. ATE may email periodic reminders of its notices and Terms, but you should check the Site frequently to see the current Agreement in effect and any changes that may have been made to it. Your installation or use of ATE’s products or Services is subject to the Agreement in effect at the most recent time of use. The provisions contained herein supersede all previous notices or statements regarding the Terms or use of ATE’s products and Services.