InnoStrat LLC Terms of Use

These terms and conditions of use are a binding contract between InnoStrat LLC, ("InnoStrat LLC"), the legal entity that owns or manages the property displayed on this website (the "Property Management Company", and together with InnoStrat LLC, "we", "our" or "us") and you ("you" or "your"). These terms and conditions, together with the end user license agreement, if any, on our portals and website and any other documents they expressly incorporate by reference (collectively, the "Terms" or the "Agreement"), govern your access to and use of this website, including any content, functionality and services offered on or through the website (the "Site"), whether as a guest or a registered user. By using this Site, you hereby warrant that you are of legal age or have parental consent to enter into, and you hereby agree to be bound by these Terms. If you do not agree to all these Terms, you are not authorized to use the Site. The Property Management Company and InnoStrat LLC on the Property Management Company's behalf, provide the information and services on the Site to you conditioned upon your acceptance, without modification, of the Terms. We reserve the right to modify these Terms from time to time, and we will make you aware of material changes to these Terms by visibly posting them on the Site. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page form time to time so you are aware of any changes, as they are binding on you. Therefore, it is your responsibility to review them when conducting business herein. Your continued use of any part of the Site after such modification shall be deemed your consent to such modifications. The Site is hosted and maintained by InnoStrat LLC on behalf of Property Management Company, and Property Management Company is the legal entity that owns or manages the properties displayed on the Site.

Definitions
"InnoStrat LLC" means the software as a service company that hosts and maintains this Site on behalf of a Property Management Company. "Property Management Company" means the legal entity that owns or manages the property(ies) displayed on this Site. "Payment Gateway" means the electronic systems, through which you may pass payment information to us, including but not limited to the following categories of information: name, mailing address, email address, and dollar amount of payments received. By using the Site, You agree to the following:
1. Agreement to Deal Electronically; Electronic Communications and Notices. All of your transactions with or through the Site may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms on a form provided by us. If the law allows you to withdraw such consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you. By clicking "Submit" on any step of a transaction within this Site, you agree to conduct such transaction by electronic means. You understand that by clicking the box titled "I agree to the Terms & Conditions," you are agreeing to conduct an electronic transaction and to use and receive communications through electronic means. You agree to enter the requested information electronically via the Internet, and to be notified regarding any transaction electronically through the email address you have provided. You are solely responsible for ensuring the completeness and accuracy of the information you enter, and you hereby agree to defend, indemnify and hold harmless InnoStrat LLC, Property Management Company, their affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses or fees (including reasonable attorneys's fees) arising out of or relating to the information you enter. You understand that electronically signed documents have the same legal effect as hard copies with ink signatures. You understand that you may refuse to conduct other electronic transactions in the future. Your transaction, if applicable, is subject to your acceptance of these Terms and conditions, which are agreed upon when you proceed with your transaction. This agreement is entered into on the date of payment acceptance. This agreement supersedes any agreement, in regards to these matters, with your Property Management Company, or the owner of the merchant account to which you are submitting an electronic payment. You hereby agree as follows. By making your payment and providing the information needed to process your checking, savings account or credit card account, you acknowledge that you have read and understand the Terms and conditions contained herein. Except as otherwise provided in these Terms, InnoStrat LLC will give you any notices regarding the Site by posting them on the Site. You also authorize InnoStrat LLC or Property Management Company to send notices (including notice of subpoenas or other legal process, if any, and inculding any notices sent by InnoStrat LLC or Property Management Company's behalf) via electronic mail. You must check the Site for notices, and you will be considered to have received a notice when it is posted on the Site, or when sent by us via electronic mail, whether or not received by you. You must keep your email address current and any notice sent by InnoStrat LLC or Property Management Company to an email address that you have provided to us will be considered effective notice.
2. Unauthorized Use of Your Password. All instructions transmitted by or received from anyone presenting your password or other credentials on the Site are binding to you. You agree that you are solely responsible for all transactions or acts that are validated through use of your password or other credentials, whether or not made with your knowledge or authority. You agree to guard your password or other credentials carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible. If you ever suspect that someone may have obtained access to your password or any other credential who is not intended to have authority to act on your behalf, please contact InnoStrat LLC immediately. You can authorize InnoStrat LLC, as the manager of the Site, to refuse to accept any further transactions initiated under that password on your behalf and InnoStrat LLC will use commercially reasonable efforts to block such transactions. Property Management Company and InnoStrat LLC have no liability for transactions initiated under your password without your authorization.
3. Changes to the Agreement. You are bound by the version of this Agreement that is in effect on the date of your last visit to the Site. This Agreement may change from time to time, so please review it when you visit the Site.
4. License to Use the Site.
License: We hereby grant you a limited, revocable, non-transferable, non-sublicenseable license, under the rights InnoStrat LLC and Property Management Company have in the Site's content, to view and use the Site solely for the purpose of acquiring information in accordance with the Agreement. The alteration, removal, or obliteration of any copyright and trademark notices is strictly prohibited. As between you and InnoStrat LLC, we retain all right, title, and interest in and to the Site. Except as provided in this Agreement, permission to reprint or electronically reproduce any content in whole or in part for any other purpose is expressly prohibited. The Site and all content contained therein is protected by copyright and intellectual property rights under both United States and foreign laws and all rights not expressly granted are reserved by InnoStrat LLC or Property Management Company, their affiliates, and their partners, as applicable. Subject to applicable law, InnoStrat LLC reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site with or without notice.
The license in this Section 4 does not include permission to copy the design elements, "look and feel" or layout of the Site. Those elements are protected by law, such as trade dress, trademark, unfair competition, and other laws, and may not be copied or imitated in any manner. Except as expressly provided in this Agreement, neither InnoStrat LLC, Property Management Company, nor any third party has conferred upon you any license or right under any patent, copyright, trademark, trade secret or any other proprietary right. We do not guarantee uninterrupted or error-free operation of the Site or any portion thereof, but InnoStrat LLC will use reasonable efforts to maintain its operation and availability.

Termination: We may, at any time and without notice to you, terminate your access to the Site or block your access to the Site if:
• We believe in our sole discretion that you have violated these Terms or have otherwise engaged in any activities that may harm or damage the reputation, rights, person, or property of the Site, our users, or any other person;
• Requested by law enforcement or other government agencies; or
• Your account has extended periods of inactivity.
5. Submission of Comments; Prohibited Content and Conduct.
Any comments or information that you provide to InnoStrat LLC, for example, feedback or ideas in response to a customer survey regarding the Site, product or content reviews, suggestions, ideas, concepts, or other information are collectively deemed "Submissions". None of the Submissions will be subject to any obligation of confidentiality on our part, and we will not be liable for any use or disclosure (including publication in any medium) of any Submissions. You hereby grant us a royalty-free, perpetual, irrevocable, world-wide license to use, copy, reproduce, create derivative works from, adapt, modify, publish, edit, translate, sell, distribute, transmit, transfer, publicly display, publicly perform, and display the Submissions without any limitation and in any media or any form now known or later developed. Without limiting the foregoing, we will be entitled to unrestricted use of the Submissions for any purpose, commercial or otherwise, without compensation to the provider of the Submissions. Further, we may sublicense these rights to third parties. We reserve the right to disclose any information concerning your use of this Site to the extent required by law or judicial or government order. From time-to-time this Site may request information through the use of forms. Use of such forms is completely voluntary. Information requested may include, but is not limited to, contact information, demographic information and/or opinions. Under no circumstance are we responsible for any Submission to the Site or for the content of that Submission, nor shall we be held liable for any of the claims made therein. We are not responsible for the content or accuracy of any of these Submissions, and the views and opinions they express are solely those of the original contributor. You must not do or attempt to do any of the following, as reasonably determined by us, subject to applicable law:

Post to the Site or provide any Submissions that is or appears to be the following:
• untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person's privacy or protected data, hateful, or discriminatory or otherwise objectionable; any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable, that would constitute or encourage a criminal offence or violate the rights of anyone, or that would otherwise give rise to liability or violate any law.
• infringing upon a third party's intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, including any content that is the subject of any claim of infringement;
• of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information;
• unsolicited, undisclosed or unauthorized advertising;
• software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; harmful, illegal, deceptive or disruptive code such as a virus, "spyware", "adware" or other code that could adversely impact the Site or any recipient;
• data or information obtained through access that was not authorized by the owner, or that you are not authorized to post; or
• in violation of any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or that constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
• access, tamper with, or use services or areas of the Site that you are not authorized to access;
• alter information on or obtained from the Site;
• tamper with postings, registration information, profiles, submissions or content belonging to the Site or other users of the Site;
• use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information, such as email addresses, available from the Site or transmit any unsolicited advertising, "junk mail", "spam" or "chain letters";
• frame any part of the Site, or link to the Site, or otherwise make it look like you have a relationship to us or that we have endorsed you or your content for any purpose except as expressly permitted in writing by us;
• impersonate or misrepresent your affiliation with any person or entity;
• reverse engineer any licensed software, application, or any other aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site; or
• take any action which might impose a significant burden (as determined by us) on the Site's infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site.

6. Your Representations and Warranties.
You represent and warrant for the benefit of InnoStrat LLC, Property Management Company and their licensors and suppliers that:
• you are at least 18 years of age or have parental consent;
• all information that you submit to us is true, accurate, and current and that you own all rights in your Submissions or, alternatively, you have sufficient rights in your Submissions to grant us the rights described in these Terms;
• you will keep your registration information current;
• you will be responsible for all use of your password or other credentials even if such use was conducted without your authority or permission; and
• you will not use the Sites for any purpose that is unlawful or prohibited by this Agreement.

7. Payments
7.1 If applicable, you agree to pay all application fees billable immediately to the account identified in your application for the purpose of application processing, which fees are earned upon the submission and receipt of an application or other payment. If payment is made by eCheck/ACH, you understand that if such payment is returned from the bank for any reason,you may be charged additional returned item fee(s) , which will be added to the original amount and auto-debited from your bank account approximately ten (10) days after the initial payment fails. In the event that subsequent fee collection auto-debits also fail, you may continue to incur fees related to such attempts. You assume all responsibility for all such fees. Returned item fees vary; please contact your leasing office for details. Additional fees may also be assessed by your bank and/or Property Management Company. Your copy of the application will serve as a receipt for the application fee collected.
7.2 Convenience fees are charged by InnoStrat LLC, and not by your Property Management Company. Convenience fees are not surcharges. InnoStrat LLC is a third-party vendor, who is not the sellor, lessor, or management company. Such convenience fees are not being charged based on any method of payment. All payment methods initiated through the online platform are charged a convenience fee including, credit card, debit card, electronic checks, and cash payments. These fees are being charged by InnoStrat LLC for providing the convenience of an online payment channel or other convenient channel.
7.3 If you are applying for a lease, no guarantees are made to you that a unit or other property rental is or will be made available. You understand that you will acquire no rights in or to a property rental until you accept and sign a rental agreement and pay all applicable application fees and security deposits.
7.4 You authorize Property Management Company themselves or through any vendor of their choice to obtain such credit reports, criminal histories, character reports, verification of rental and employment history as it deems necessary to verify all information in your application.You further understand that false, fraudulent, misleading or incomplete information may be grounds for denial of tenancy or subsequent eviction. There are no warranties offered by InnoStrat LLC or Property Management Company, whether express or implied.
7.5 You hereby authorize InnoStrat LLC to initiate transaction entries, including convenience fees noted herein, to your transaction account number (including checking and savings accounts) and/or charges to your credit card. This billing will occur at the time of payment of each transaction.
7.6 You hereby acknowledge that InnoStrat LLC may apply a convenience fee with each transaction initiated through the payment gateway. InnoStrat LLC may amend this convenience fee at any time with or without notice. All convenience fees will be displayed on the payment screen prior to finalizing your transaction.
7.7 InnoStrat LLC and Property Management Company make every effort to comply with all payment processing rules and regulations. If you believe you have been charged a convenience fee in error, please contact the Property Management Company to whom your payment is submitted or contact InnoStrat LLC at 915-201-5007.
7.8 We advise you that your credit card or bank account billing statement will show a charge item that displays the name of the merchant account of the payee. If you are unsure of that name, you agree to contact payee before processing this transaction so as to be sure to recognize the transaction when it appears on your monthly statement.
7.9 We reserve the right to cancel your transaction processing account at any time for any reason. Your payee may also decline/refuse any and all payments at any time and for any reason at which time we will return the payment amount entered into the Payment Gateway, minus convenience fees paid, in an appropriate and reasonable time frame.
7.10 We reserve the right to refuse processing service to you at any time for any reason. You also maintain the ability to discontinue use of the Payment Gateway at any time for any reason. Active recurring payments must be deleted before use of service is discontinued. It is your responsibility to terminate any and all recurring payments on your account before relocating or moving - otherwise charges will continue to be assessed to your billing account during the period designated for recurring payments to take place. You agree to defend, indemnify and hold harmless InnoStrat LLC, Property Management Company, their affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns for any recurring payments that are charged by accident or because you failed to cancel your recurring payment. Contacting us at https://innovativemanage.com/chat. We, in our sole discretion, may cancel this service without notice.
7.11 If you believe a transaction was made improperly, we in our sole discretion may void, issue a credit, or rescind any transaction made through the Payment Gateway prior to remittance of such payment to your payee. Payment disputes arising after payment has been settled to your payee are between you and payee alone. We may act as an intermediary if such actions can reasonably and efficiently handle said problem.
7.12 Both you and payee mutually reserve the right to cancel, reverse or halt any and all checking or savings account or credit card transactions that have been cleared through the Payment Gateway.

8. Privacy Policy
We hold the protection of client information to be very important. As part of your use of the Site, you may provide us with personal information such as your name, business name and mailing address, telephone number, fax number, and e-mail address that will permit us to identify you. We will use all other personal information we collect from you only for purposes appropriate for conducting our business, including using it on other third party sites, providing the ratings and reviews you submit to third parties, follow up on services provided, sending announcements on new features, events, products or services, creation of a client database, audits, reporting requirements, and for other activities related to business administration, marketing, research, product development, or improving the quality of our services and products. Information about you will be collected from the following sources:
• Information received from you on online applications, print applications, or other forms;
• Information about your transactions with the Property Management Company, their affiliates, or others; and
• Information received from a consumer reporting agency.
The information collected may be disclosed, as described above, to Property Management Company's affiliates, to other financial institutions with whom joint marketing agreements exist, or to companies that perform services or functions on their behalf. These companies may include financial service providers and non-financial companies such as computer and data processing companies, and marketing and aftermarket service providers. These companies will be contractually obligated to use the information only to provide the services requested of them.

You understand and agree that all information entered and transmitted through the Site ("User Content") is the sole responsibility of the person from whom such User Content originated. More specifically, you are entirely responsible for all User Content you make available herein. In consideration of your use of the Site, you agree to (a) provide accurate, current, and complete information about yourself as you may be prompted to provide, (b) maintain the security of any logins, passwords, or other credentials that you select or that are provided for use on the Sites, and (c) defend, indemnify and hold harmless InnoStrat LLC, Property Management Company, and their affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilitis, damages, judgements, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, the User Content provided by you, any use of the Sites's content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Site. InnoStrat LLC will take commercially reasonable measures to safeguard your information. However, as effective as any security measure implemented by InnoStrat LLC may be, no security system is impenetrable. InnoStrat LLC cannot guarantee the complete security of our database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. If you do not want InnoStrat LLC or the Property Management Company to know any particular information about you, you should not include that information in anything you submit or post to the Site. Unless otherwise noted, all personally identifiable information is used solely for the normal business purpose of offering and rendering services.
8.1 Google Analytics Advertiser Features InnoStrat LLC may have implemented Google Analytics Advertiser Features on the Site.Those features may include Remarketing with Google Analytics, Google Display Network Impression Reporting, DoubleClick Platform integrations, and/or Google Analytics Demographics and Interest Reporting.
8.2 InnoStrat LLC may use cookies for a number of purposes, such as to prevent the same ad from displaying repeatedly or to display ads that are likely to be more relevant to your interests. InnoStrat LLC may use a set of cookies, including conversation cookies, to collect information and report website usage statistics without personally identifying individual visitors. The main purpose of conversation cookies is to help determine how many times people who click on ads filled out a guest card or signed a lease; conversation cookie data may also be used in combination with your Google account to link conversation events across different devices you use. Only anonymous conversation data gathered from these cookies is shared with advertisers. To see how Google uses data, please refer to http://www.google.com/policies/privacy/partners/. If you wish to opt out of Google Analytics Advertiser Features, you will need to install the Google Analytics opt-out browser add-on, located at https://tools.google.com/dlpage/gaoptout/.
9. Children Nothing on this website is intended to solicit information from minors (people under eighteen (18) years old) or to seek to determine whether the visitor is a minor. If you are under eighteen (18), you are not permitted to submit to us any personally identifiable information, such as your name, address, email address, telephone number or any other information that would permit us to identify you. If you are under fourteen (14), it is against the law for us to ask you for that information, and we will not ask for it, nor do we want it. Anyone under 18 who wants to obtain any product from InnoStrat LLC or otherwise submit any personally identifiable information to us should ask a parent or guardian to do it in his/her own name. Because such information will not be specifically identified as being from minors, users of this website should be aware that personally identifiable information submitted to it by minors may be treated in the same manner as information given by an adult.If we learn we have collected or received personal information from a child under the age of 14 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under the age of 14, please contact us at https://innovativemanage.com/chat
10. IP Address An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol ("TCP/IP") network, such as the World Wide Web. In other words, an IP address is a number that is automatically assigned to a computer whenever someone is surfing the Web, allowing Web servers to locate and identify a computer. Computers require IP addresses in order for users to communicate on the internet. The Sites use IP addresses to analyze trends, administer the website, track user movement, and gather broad demographic information for aggregate use.
11. Cookies Cookies are small strings of text that websites can send to your browser. They help a website determine that a user has visited the website previously; as a result, the cookie helps the website save and remember any preferences that may have been set while the user was browsing the website. Cookies cannot retrieve any data from a hard drive or obtain an email address.
12. Indemnity
12.1 You agree to defend, indemnify and hold harmless InnoStrat LLC, Property Management Company, their affiliates, licensors and service providers and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses or fess (including reasonable attorneys's fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, the User Content provided by you, any use of the Site's content, services and products other than as expressely authorized in these Terms or your use of any information obtained from the Site or your violation of any law. Neither InnoStrat LLC nor Property Management Company will be responsible or liable for unauthorized access of facilities or to your data or programs due to accident, illegal or fraudulent means or devices.
12.2 We will not be liable for performance of services where delayed by an act of force majure including but not limited to: war, riot, embargoes, strikes, or acts of our vendors and suppliers, concealed acts of workmen (whether ours or others), or accidents. The indemnification provided for in this article shall survive any termination of this Agreement. You declare the following:
A. That all representations and statements made by you or on your behalf in this agreement, or in any other document relating hereto, are true, accurate and complete in all material respects.
B. Where applicable and appropriate, you agree to maintain and promptly update your registration or payment information to keep it true, accurate, current and complete.
C. Failure to provide or maintain accurate and current data that is being passed to and from you will result in breach even if we have been advised of the possibility thereof.
12.3 We reserve the right to suspend or terminate any account or transaction from you if you provide us with information that is untrue, inaccurate, not current or incomplete. You may not use the Payment Gateway for any illegal purpose or in any manner inconsistent with the terms and conditions set forth in this agreement. You agree that services provided via the Site shall only be used for lawful purposes. Any transaction or transmission which violates federal, state or local laws is expressly prohibited. You hereby authorize us to investigate and confirm the information herein. For this purpose we may utilize credit bureau/reporting agencies and/or our own agents. Upon your request, we will provide you with a copy of the results of such investigation if needed. However, you must request such documentation within fourteen (14) days of becoming aware of the investigation.
12.4 Any claim or legal action arising out of disputes, failures, misrepresentations, malfunctions, or defects shall be waived and in no event shall our liability exceed the total amount in convenience fees you paid to us hereunder.
12.5 You agree, as a company and/or as an individual, to defend, indemnify, and hold harmless InnoStrat LLC, Property Management Company, their affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against claims, liabilities, damages, judgements, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your use of any services contemplated under this Agreement, which cause damage to you or any other party. We will not be responsible or liable for unauthorized access of facilities or to your data or programs due to accident, illegal or fraudulent means or devices.
12.6 We retain full ownership of all data submitted by you through the Payment Gateway.
13. DISCLAIMERS OF WARRANTIES.

PROPERTY MANAGEMENT COMPANY, AND INNOSTRAT LLC ON PROPERTY MANAGEMENT COMPANY'S BEHALF, PROVIDE THE SITES "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, SOFTWARE, OR CONTENT INCLUDED IN THE SITES. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS OR CONTAMINATION-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND (INCLUDING WARRANTIES MADE ORALLY), WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SITES. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES. LATITUDE AND LONGITUDE CONTENT IS PROVIDED "AS IS," "AS AVAILABLE," "WITH ALL FAULTS," AND WITHOUT WARRANTY OF ANY KIND.
14. Links to Third Party Sites.
As a convenience, we may provide links to third-party websites from the Site. We are not responsible for and do not endorse the informational content or any products or services available on any third-party website and do not make any representations regarding its content or accuracy. We take no responsibility and assume no liability for any content in such sites, or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography or profanity contained on such sites. We are not liable for any technological, legal or other consequences that arise out of your visit or transactions on any third-party or non-InnoStrat LLC or non-Property Management Company websites. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. This means that we are not your agent and will not be a party to any contract you enter on such third-party sites. Please be aware that we are not responsible for the privacy practices of such other websites. We encourage you to be aware when leaving our Sites of the privacy statements and terms & conditions of each website that collects personally identifiable information.
15. WAIVER AND RELEASE OF LIABILITY YOUR ACCESS AND USE OF THE SITE IS AT YOUR OWN RISK. To the fullest extent permitted by law you hereby waive and release us from any and all claims, losses, costs or damages of any nature whatsoever resulting from or in any way related to your use of the Site. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising. We will not be liable to you for loss of profit or revenue, loss of business opportunity, loss of use, product liability, or for any incidental, special, indirect, punitive or consequential damages arising out of or in connection with your use of the Site. The ratings and reviews posted on the Site are opinions and could be changed by a third party. If you choose to live at the property based on the ratings or reviews posted here, we are not liable for any actions arising from this service. Third parties will have access to view any ratings and reviews that you post on the Site, and we are not liable for any actions or liability that may arise from such access. We are not liable for the information contained in the Site that is posted by third parties, and no warranties arise from this service, including if the information is false. This waiver and release shall apply to all claims, whether under the law of contract, equity, tort, strict liability or otherwise.
16. Exclusive Remedy; Damage Exclusions & Limitations. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER INNOSTRAT LLC, PROPERTY MANAGEMENT COMPANY, OR THEIR EMPLOYEES, AGENTS, OFFICERS, OR REPRESENTATIVES ARE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF THE INDEMNIFIED PERSONS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
17. Miscellaneous; Entire Agreement.
17.1 Assignment These Terms are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of us. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of us will be null and void. We have the right to transfer, assign and delegate these Terms to one or more third parties in our sole discretion and without your permission.
17.2 Entire Agreement The Terms constitute the sole and entire agreement between you and InnoStrat LLC and Property Management Company with respect to the Site supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site. If any part of these Terms is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms will continue in effect. The Terms (including any related consents or agreements that you provide during your visit to the Site) constitutes the entire agreement between you and us with respect to the Site and supersedes all other prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us regarding the Site and/or any order you place through it.
17.3 No Waiver The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party's right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records. InnoStrat LLC and Property Management Company make every effort to comply with all payment processing rules and regulations.
18. Translation Whereas we have provided the ability to translate this Agreement into languages other than English, this translation is provided for convenience only. Your relationship with InnoStrat LLC and Property Management Company will be governed by the English language version of the Agreement, and if there is any contradiction between the English language version and a translated version, the English language version shall take precedence.
19. Opt-Out or Change Information Requests to change your personally identifiable information may be submitted using the contact information below. We may send email regarding our services. If you wish to discontinue such communications, follow the directions contained in the email to remove a name from our mailing list.
20. Governing Law; Forum and Venue Selection All matters relating to the Site and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims),shall be governed by and construed in accordance with the internal laws of the State of Utah, without giving effect to any principles of conflicts of law. Any dispute between you and us regarding the content or use of this Site may be resolved by mediation, with hearings held in the English language in Provo, Utah (Utah County) and shall not be joined with any dispute that any other person or entity may have with us. You agree that any cause of action arising out of or relating to this agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Jurisdiction of any legal proceeding arising hereby shall be exclusively adjudicated in Salt Lake City, Utah (Salt Lake County), United States of America. You hereby agree that any action at law or in equity arising out of or relating to these Terms or the Site shall be filed only in the state or federal courts located in the County of Salt Lake, in the State of Utah. Further, you hereby expressly consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action, and expressly waive any arguments that this forum is inconvenient.
21. Contact Us
For questions or concerns about the use of personal information or about these Terms, please contact https://innovativemanage.com/chat.
InnoStrat LLC Text Message System The message you received on your phone was sent to you by a Property Management Company or InnoStrat LLC, , because you signed up to receive messages either on a property's website or because you opted-in to an SMS service by sending a text to us, or another means. Message and data rates may apply. If you believe the message reached you in error, please do one of the following:
• Text STOP to end all communication via text message

FAQs
Am I being charged for these messages?
That depends on the standard SMS rate plan you have setup with your carrier/provider.
Neither InnoStrat LLC nor a property involved in these messages is directly charging you to receive these messages. However, standard message and data rates do apply for our services.

Terms and Conditions
You must be 13 years or older and a legal resident of the United States to receive/send text messages in affiliation with any of these subscriptions. By your participation in these property subscriptions, you certify that you are at least 13 years of age and meet any other age and residency requirements of the property. You acknowledge that SMS messages are distributed via third party mobile network providers and, therefore, the property cannot control certain factors relating to message delivery. You acknowledge that, depending on the recipient's mobile provider service, it may not be possible to transmit the SMS message to the recipient successfully. Please see the carriers section below for information regarding supported carriers. The property does not claim or guarantee availability or performance of this service, including liability for transmission delays or message failures. Fees

Neither your apartment complex nor InnoStrat LLC charges a fee for any of the subscriptions listed above. Message and Data Rates May Apply.
Additional Help
Contact the property you receive these messages from directly, or at https://innovativemanage.com/chat.
Carriers
• AT&T
• Verizon Wireless
• T-Mobile
• Sprint
• Cellular One (Dobson)
• Nextel
• Alltel
• Virgin Mobile
• Boost
• US Cellular
• Centennial Wireless
• CenturyTel
• Tracfone
• Cricket
• ACS Alaska
• Cellular South
• Cellcom
• Ntelos
• Viaero Wireless
• Einstein Wireless
• MetroPCS
• Kajeet
• Helio
• Cincinnati Bell
• Unicel (Rural Cellular Corporation)
• Appalachian Wireless
• Immix Wireless
• Revol Wireless
• Cellular One of East Central Illinois
• Bluegrass Cellular
• West Central Wireless

Privacy Policy
If you subscribe to our SMS Services, you thereby agree to receive SMS Service messages at the address you provide for such purposes. Such messages will come from InnoStrat LLC.com. Participation in our service is free of charge but standard carrier text messaging charges will apply. You may change your mind at any time by following the opt-out instructions below. You represent that you are the owner or authorized user of the wireless device you use to sign up for the SMS Service, and that you are authorized to approve the applicable charges. InnoStrat LLC.com will never rent or sell your phone number to any third party, nor will we use your phone number to initiate a call or SMS message to you without your express or implied prior consent. Your wireless carrier and other service providers also collect data about your SMS usage, and their practices are governed by their own privacy policies. You acknowledge and agree that the SMS Service is provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use of the SMS Service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the SMS Service. You understand and agree that all information entered and transmitted through this Site ("User Content") is the sole responsibility of the person from whom such User content originated. More specifically, you are entirely responsible for all User Content you make available herein. In consideration of the use of the Site, you agree to (a) provide accurate, current and complete information about yourself as may be prompted; and (b) maintain the security of any logins, passwords, or other credentials that you select or that are provided for use on the Site. InnoStrat LLC will take commercially reasonable security measures to safeguard your information according to strict standards of security and confidentiality, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers, and any other private information entered. All information gathered herein is stored within a InnoStrat LLC-controlled database accessible only to InnoStrat LLC and its specifically authorized contractors and vendors. Access to databases containing User information is limited to employees who need it to perform their jobs -- and they follow strict rules when handling that information. However, we may disclose User information to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the assets of InnoStrat LLC, whether as agoing concern or as part of bankruptcy, liquidation, or similar processing, in which personal information held by InnoStrat LLC is among the assets transferred. As effective as any security measure implemented by InnoStrat LLC may be, no security system is impenetrable. InnoStrat LLC can not guarantee the complete security of our database, nor can InnoStrat LLC guarantee that information you supply will not be intercepted while being transmitted to InnoStrat LLC over the Internet. If you do not want InnoStrat LLC or the Property Management Company to know any particular information about you, you should not include it in anything that you submit or post to this Site.
If you opted in to receive notifications, your information may be tracked for some or all of the following: SMS notifications, emails, paper invoices for utility billing, gamification or apartments. In order to opt out of this tracking, residents should take the following steps: access your profile, go to the subscriptions and settings page and elect to unsubscribe.
California Privacy Rights
California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our customers who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to:

InnoStrat LLC Legal Department
1335 Pullman Dr, El Paso, TX, 79936
https://innovativemanage.com/chat
Unless otherwise noted, all PII is used solely for the normal business purpose of offering and rendering the services. Additionally, CalOPPA requires us to disclose how we respond to "do-not-track" requests form our users. At this time, we do not currently respond to "do-not-track" requests from our users.

This Terms of Service agreement
BY USING THIS ONLINE PROPERTY MANAGEMENT SOFTWARE YOU THE CUSTOMER AGREES THE FOLLOWING TERMS OF SERVICE

This Master Subscription Services Agreement is between InnoStrat, LLC, a Texas limited liability company
(InnoStrat), and the entity or individual agreeing to these terms (Customer).

1) ONLINE PROPERTY MANAGEMENT SOFTWARE. This agreement provides Customer access to a proprietary
online software service for managing real estate properties, with the following functionality (depending on the
version selected):
- Maintain accounting records for each property,
- Track tenants, association owners, charges and payments,
- Provide online access for staff, owners, residents, and board members,
- Receive maintenance requests and generate work orders,
- Accept and issue payments, and
- Market and fill vacancies online.

InnoStrat will provide this functionality through a subdomain of innovativemanage.com within a hosted server environment and other related services ordered by Customer under the terms below (Service).

2) USE OF SERVICES.

a) Trial Period. If Customer has registered for a trial use of the Services, Customer may access the Services for
the duration specified on the website for no charge. The Service is provided AS IS, with no warranty during this time period. All Customer data may be deleted after the trial period, unless Customer converts its account to a paid Service.

b) InnoStrat Responsibilities. InnoStrat must (i) use commercially reasonable efforts to make the Services
available, except for (x) scheduled outages, and (y) unavailability caused by force majeure.

c) Customer Responsibilities. Customer (i) is solely responsible for Customer Data, (ii) must use commercially
reasonable efforts to prevent unauthorized access to the Services, and notify InnoStrat promptly of any such
unauthorized access, (iii) may use the Services only in accordance with applicable law, and (iv) may not setup
any account pretending to be someone else (or spoof someone's identity).

d) Customer Employee and Contractor Access and Use. Customer may allow its employees and certain third parties (including without limitation, tenants, property owners, and board members) to setup accounts and
access the Services in compliance with the terms of this agreement, which access must be for the sole benefit
of Customer. Customer is responsible for its employees and each of those third-parties compliance with this
agreement.

e) Restrictions: Customer may not (i) sell, resell, rent or lease the Services, (ii) use the Services to store or
transmit infringing, unsolicited marketing emails, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party rights, (iii) interfere with or disrupt the integrity or performance of the Services, or (iv) attempt to gain unauthorized access to the Services or their related systems or networks.

f) Free services. Any free add-on services issued upon sign up must be used within one year of contract
signing or they will be forfeited. The Company has no obligation to provide such services in the future and any customer request for additional services will be subject to standard company rates.

3) PAYMENT TERMS. Customer must pay all fees itemized in its account in the Service. Customer is responsible for the payment of all sales, use, VAT and other similar taxes. There are no refunds or credits for partial months of the Service. InnoStrat may change its fees upon notice to Customer via the email address in Customer's account.

a) Credit Card/ACH. Customer authorizes InnoStrat to charge Customer's credit card or debit Customer's bank
account each month for an amount equal to Customer's then current balance.
If either:
i. Customer's credit card or bank account information changes,
ii. Customer's credit card information expires, or
iii. InnoStrat is unsuccessful in charging Customer's credit card or debiting Customer's bank account, then the Services may be suspended until Customer pays the applicable charges, and then after a suspension of 30 days InnoStrat may terminate the Service at any time without notice..

b) Additional fees may apply for downgrades from Pro to Core plans.

4) DISCLAIMER. INNOSTRAT DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES
MAY BE INTERRUPTED OR MAY NOT BE ERROR FREE. ALTHOUGH INNOSTRAT TAKES REASONABLE
PRECAUTIONS TO SECURE THE SERVICE, CUSTOMER UNDERSTANDS THAT INNOSTRAT DOES NOT
GUARANTY THAT THE SERVICES CANNOT BE HACKED.

5) MUTUAL CONFIDENTIALITY.

a) Definition of Confidential Information. Confidential Information means all confidential information disclosed by a party (Discloser) to the other party (Recipient), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (Confidential Information).
Customer's Confidential Information includes without limitation all Customer information uploaded, and
InnoStrat's Confidential Information includes without limitation the Services, its parts and pricing.

b) Protection of Confidential Information. The Recipient must use the same degree of care that it uses to
protect the confidentiality of its own confidential information (but in no event less than reasonable care) not to disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this agreement. The Recipient must make commercially reasonable efforts to limit access to Confidential
Information of Discloser to those of its employees and contractors who need such access for purposes
consistent with this agreement and who have signed confidentiality agreements with Recipient no less
restrictive than the confidentiality terms of this agreement.

c) Exclusions. Confidential Information excludes information that: (i) is or becomes generally known to the
public without breach of any obligation owed to Discloser, (ii) was known to the Recipient prior to its disclosure by the Discloser without breach of any obligation owed to the Discloser, (iii) is received from a third party without breach of any obligation owed to Discloser, or (iv) was independently developed by the Recipient without use or access to the Confidential Information.

d) Disclosure Required by Law. The Recipient may disclose Confidential Information to the extent required by
law or court order, but will provide Discloser with advance notice to seek a protective order. InnoStrat will only disclose the limited information required to be disclosed by law or the court order.

6) PROPRIETARY RIGHTS.

b) Reservation of Rights by InnoStrat. The software, workflow processes, user interface, designs, know-how,
and other technologies provided by InnoStrat as part of the Services are the proprietary property of InnoStrat
and its licensors, and all right, title and interest in and to such items, including all associated intellectual
property rights, remain only with InnoStrat. InnoStrat reserves all rights unless expressly granted in this
agreement.

c) Customer Restrictions. Customer may not:
i. Use the Services beyond its internal operations;
ii. Reverse engineer or deconstruct the Services;
iii. Remove or modify any proprietary marking or restrictive legends in the Service; or
iv. Access the Service to build a competitive service or product, or copy any feature, function or graphic for competitive purposes.

d) Customer Owned Data. All data uploaded by Customer or under any account of Customer remains the sole
property of Customer, as between InnoStrat and Customer (Customer Data), subject to the other terms of this agreement. Customer grants InnoStrat the right to use the Customer Data for purposes of performing under this agreement. During the term of this agreement, Customer may only export its data through the report-byreport export feature of the Service in the following format: csv and excel. This export feature may not include every piece of data of Customer in the Service.

7) EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY.

a) EXCLUSION OF CERTAIN DAMAGES. INNOSTRAT IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (INCLUDING, WITHOUT
LIMITATION, COSTS OF DELAY, LOSS OF DATA OR INFORMATION, AND ANY FAILURE OF DELIVERY OF THE
SERVICES, EVEN IF IT KNOWS OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE).

b) LIMITATION OF LIABILITY. INNOSTRAT'S LIABILITY FOR ALL DAMAGES ARISING FROM OR RELATED TO THIS
AGREEMENT (WHETHER IN CONTRACT, TORT OR OTHERWISE) DOES NOT EXCEED THE ACTUAL AMOUNT
PAID BY CUSTOMER WITHIN THE PRECEDING 12 MONTHS UNDER THIS AGREEMENT.

8) TERM, TERMINATION, SUSPENSION OF SERVICE AND RETURN OF DATA.

a) Term. This agreement continues for the duration specified when ordering the Service, and auto-renews for the same duration, (initial or renewal term, Term), until terminated by:
i. Customer at any time within the Service (with no other advance notice required), or
ii. InnoStrat with at least 60 days notice to the email address in Customer's account

b) Mutual Termination for Material Breach. Except as otherwise provided in this agreement, if either party is in breach of any material term of this agreement, the other party may terminate this agreement at the end of a written 30-day notice/cure period, if the breach has not been cured.
i. Upon any termination as provided in 8(b) above by InnoStrat, Customer must pay any unpaid fees covering the remainder of the Term. The Services will also be terminated.

c) Termination of Service. If Customer desires to terminate the Service, it can do so at any time within the
Service. InnoStrat has no obligation to retain any Customer Data after termination.

d) Suspension of Service for Violations of Law or this Agreement. InnoStrat may immediately suspend any
account or the Service and remove applicable Customer Data if it in good faith believes that, as part of using
the Services, Customer or any account may have violated the law or this agreement. InnoStrat may try to
contact Customer in advance, but it is not required to do so.

9) GOVERNING LAW, FORUM AND ARBITRATION.

a) For Customers Located in the United States: This agreement is governed by the laws of the Commonwealth
of Texas, without regard to conflict of law principles. Any dispute arising out of or related to this
agreement may only be brought in the state and federal courts for El Paso, TX. Both parties consent to the
personal jurisdiction of such courts and waive any claim that it is an inconvenient forum. Nothing in this
agreement prevents either party from seeking injunctive relief in a court of competent jurisdiction. The
prevailing party in any litigation is entitled to recover its attorneys' fees and costs from the other party.

b) For Customers Located in Other Countries. This agreement is governed by the laws of the Commonwealth
of Texas, without regard to conflict of laws principles. Any dispute between Customer and InnoStrat
arising out of or related to this agreement must be determined by binding arbitration in El Paso, TX (in English) under the then current commercial or international rules (as applicable) of the American Arbitration Association. Nothing in this agreement prevents either party from seeking injunctive relief in a court of competent jurisdiction. The prevailing party in any arbitration or litigation is entitled to recover its attorneys' fees and costs from the other party.

10) CUSTOMER INDEMNITY. Customer hereby indemnifies, defends, and hold harmless InnoStrat against all
third-party claims, demands, damages, costs, penalties, fines, and expenses (including reasonable attorneys'
fees and costs) arising out of or related to Customer's use or access to the Service, which includes without
limitation any breach of the agreement by Customer or claim related to the Customer Data; provided that
Customer is not responsible to indemnity InnoStrat to the extent of any claim of infringement of the Service of a third-party copyright, patent or trade secret.

11) MISCELLANEOUS OTHER TERMS.

a) Money Damages Insufficient. Any breach by a party of this agreement or violation of the other party's
intellectual property rights could cause irreparable injury or harm to the other party. The other party may seek a court order to stop any breach or avoid any future breach.

b) Entire Agreement and Changes. This agreement constitutes the entire agreement between the parties, and
supersedes all prior or contemporaneous negotiations, agreements and representations, whether oral or
written, related to this subject matter. No modification or waiver of any term of this agreement is effective
unless both parties sign it.

c) No Assignment. Neither party may assign or transfer this agreement to a third party, except that with notice this agreement may be assigned as part of a merger, or sale of all or substantially all of the business or assets, of a party.

d) Electronic Notices: Customer agrees to receive notices from InnoStrat regarding the Service, and this
agreement, from within the Service or to the email address in Customer's account.

e) Independent Contractors. The parties are independent contractors with respect to each other.

f) Enforceability. If any term of this agreement is invalid or unenforceable, the other terms remain in effect.

g) Survival of Terms. Any terms that by their nature survive termination of this agreement, will survive.

h) CISG Not Apply. The Convention on Contracts for the International Sale of Goods does not apply.