Terms and Conditions of Use
The following Terms and Conditions of Use (the “Agreement”) constitutes an agreement between You and T-ReX Global Incorporated (“T-Rex Global”), operator of the websites “TReXGlobal.com”, and all related websites (the “Websites”).
Your use of the Websites and the services provided on it are subject to the terms and conditions of this Agreement, which forms a legally binding contract between T-Rex Global and You.
Use of the websites and products of T-ReX Global, are subject to these terms, conditions, licenses and disclaimers:
T-Rex Global may amend the terms of this Agreement at any time, and Your continued use of the Websites will constitute Your acceptance of such amendment.
Please read this Agreement carefully. This Agreement limits T-Rex Global’s liability and may substantively affect Your rights.
1. Use of the Websites
1.1 Permitted Use of the Websites - Use of and access to the Websites is limited by the terms of this Agreement. You agree:
Not to use any robot, spider, scraper or other automated means to access the Websites for any purpose without T-Rex Global’ express written permission.
Not to take any action that imposes, or may impose in T-Rex Global’ sole discretion, an unreasonable or disproportionately large load on T-Rex Global’ servers or other infrastructure, or to interfere or attempt to interfere with the proper operation of the Websites or any activities conducted on the Websites.
Not to copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Websites, including but not limited to “framing” Websites content within another site, except for Your own reasonable personal use, without the prior express written permission of T-Rex Global.
To use the Websites only for lawful purposes, and to comply with all applicable laws and regulations in connection with Your use of the Websites.
1.2 Use of User Accounts - Access to certain areas of the Websites, and content and services contained therein, requires the creation of a User Account having a unique user name and an associated password. Each User Account may be used only by a single user. Without limiting the foregoing, You may not share Your username and/or password for Your User Account with any third party for purposes of allowing such party to access the Websites using Your User Account. You are responsible for all activities of persons using Your User Account to access the Websites, including but not limited to such person’s compliance with the terms of this Agreement.
1.3 Lost User Names and Passwords - You are solely responsible for retaining Your user name and password associated with Your user account. T-Rex Global will have no liability to You for any harm You suffer as a result of lost or incorrect user names or passwords, and T-Rex Global will not be required to refund any money paid by You to T-Rex Global in connection with Your registration or use of the Websites. Without limiting the foregoing, T-Rex Global may use reasonable efforts to help You retrieve lost user names and/or passwords utilizing information You provide to T-Rex Global for such purpose during the registration process.
1.4 Termination of Use - T-Rex Global may at its sole discretion terminate or limit Your use of the Websites for violation of any of the rules contained in this Agreement, or for any conduct, whether by act or omission, which in T-Rex Global’s sole opinion adversely impacts the Websites or T-Rex Global’s interests. T-Rex Global may so terminate or limit Your use of the Websites without prior notice to You. If such termination or limitation is for reasonable cause, T-Rex Global will not be obligated to refund any fees paid by You in connection with the use of the Websites or the services provided on it.
1.5 Effect of Termination - Upon the termination or expiration of Your account for any reason, T-Rex Global may limit or deny You access to any or all content contained in the Websites and/or services offered via the Websites, including without limitation access to data provided by You.
2.1 Services Generally - T-Rex Global provides services in connection with the Websites, including but not limited to services in the form of on-line applications and services for property management software, property management forms, property management directory, property management toolbar and online rent collection. T-Rex Global will make its best efforts to ensure that such services are available, operate correctly and are free from malicious code (e.g., computer viruses). You agree to release and hold harmless T-Rex Global for any damages arising out of Your use of the Websites, including but not limited to the unavailability, failure or improper operation of services provided in connection with the Websites.
2.2 User Data - You may be asked to submit data in connection with Your use of one or more services provided by T-Rex Global. T-Rex Global may, at its sole discretion, maintain such data for You between sessions; however, T-Rex Global will not be required to maintain such data, which it may delete for any reason. You agree to maintain copies of all data submitted to T-Rex Global and to indemnify and hold harmless T-Rex Global for all harm suffered by You as a result of Your failure to maintain copies of such data.
2.3 Informational Nature of Services - All information provided by T-Rex Global via the Websites or the services provided on the Websites is provided as-is and without any warranty whatsoever. Certain services offered by T-Rex Global may address legal and/or tax related issues. T-Rex Global does not provide legal or tax counsel or advice. T-Rex Global provides information on legal and/or tax related issues solely for Your information, and You are solely responsible for confirming the applicability to You of such information. You agree to indemnify and hold harmless T-Rex Global for any damages or actions arising out of Your use of or reliance on the information provided by T-Rex Global.
T-ReX Global tries to provide content that is true and accurate as of date of writing in our property management directory; however, we give no assurance or warranty regarding the accuracy, timeliness, of applicability of any of the contents. Visitors to T-ReX Global property management directory should confirm with appropriate state real estate commission or licensing agency that a property manager has the appropriate licensing and credentials.
2.4 IRS Circular 230 Notice - T-Rex Global is not a Practitioner as defined by 31 C.F.R. § 10.2(e), and T-Rex Global is not authorized to practice before the Internal Revenue Service. You acknowledge that the services provided by T-Rex Global do not constitute the preparation of any documents, communications or correspondence with the IRS, and T-Rex Global will not file any documents, communications or correspondence with the IRS on Your behalf. You agree not to use any tax related information provided by T-Rex Global (i) to avoid any penalties imposed under the Internal Revenue Code, or (ii) to promote, market, or recommend to another party any transaction or matter related to the information provided by T-Rex Global.
2.5 Use of T-ReX Global Property Management Forms - T-Rex Global allows you a personal, limited, un-transferable license to use T-Rex Global Forms ("Forms") for internal business and personal use. You acknowledge and agree that under no condition, except by us, will you edit, modify, copy, reproduce, alter, reverse engineer, enhance or in any way change or misuse any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You also agree to not remove any copyright information from the Forms.
We prohibit the resale these of T-Rex Global Forms. By downloading or ordering the Forms, you agree that they will only be used by you for business or personal use or used by you in connection with a client of yours and may not be redistributed or sold without permission and written consent of T-Rex Global.
3. Fees for Content and Services
3.1 Free Content and Services - T-Rex Global provides via the Websites content and services free of charge (“Free Content and Services”). T-Rex Global may alter the scope of Free Content and Services and/or may discontinue the provision of any of the Free Content and Services at any time. T-Rex Global will not charge You for any content or services unless You first consent to such charges, and You will not be allowed to access any non-free content or services without first agreeing to the charges associated with such content or services.
3.2 Product and Services requiring fee � For those products and services that require a fee. You will always have to first consent to such charges and you will not be allowed to access any non-free content or service without first agreeing to charges associated with such content or services. You will have the choice of annual and monthly subscription. You will be automatically billed on a monthly or annual basis based on if your subscription choice is monthly or annual.
3.3. Tenant screening is an ancillary product offered by T-ReX Global and is billed to Customer at the time of use using the provided payment information. Customer must have a credit card on record in order to order any tenant screening products.
3.4. Customer agrees and understands that T-ReX Global is not obligated to refund any services which have been delivered.
3.5. A service is considered delivered under the following circumstances. T-ReX subscription services are considered delivered upon the day directly following the subscription renewal date. For example, if the renewal date is the 1st of each month, T-ReX will bill the available payment method on the 1st, and subscription services are considered delivered on the 2nd of the month. Ancillary products provided by T-ReX, such as tenant screening, property management forms, bookkeeping service, or bank reconciliation service, are considered delivered at the time of order, whether or not the report, form or service ordered is returned or used.
4. User Provided Site Content
4.1 User Provided Content - T-Rex Global may publish information provided to it by users of the Websites (“User Provided Content”). T-Rex Global is not affiliated with any party providing User Provided Content and acts only as a venue for such User Provided Content. T-Rex Global does not warrant the truth or accuracy of User Provided Content. You agree to release and hold harmless T-Rex Global for any damages arising out of false or inaccurate User Provided Content.
4.2 Alteration and Removal of User Provided Content - T-Rex Global may alter without prior notice to You any User Provided Content which in its opinion is false, inaccurate or materially misleading on its face or otherwise. T-Rex Global may remove without prior notice to You any material from any User Provided Content which in its sole opinion is profane or offensive to other users of the Websites.
4.3 License to User Provided Content - You hereby grant T-Rex Global an irrevocable, world-wide, non-exclusive, perpetual license to any information, material or works that You submit to T-Rex Global for publication on the Websites, including but not limited to information, materials or works that You submit to T-Rex Global. You are solely liable for the content of any information, material or works that You submit to T-Rex Global, and agree to indemnify and hold harmless T-Rex Global for any damages or actions arising out of such information, material or works You submit.
5. Non-User Provided Content
5.1 Third Party Content - T-Rex Global may provide content authored by third parties such as articles, interactive educational content, seminars, and audio and audio-visual content (“Third Party Content”). The views expressed in Third Party Content are those of the authors of such content and not necessarily of T-Rex Global. T-Rex Global shall not be liable for the truth or accuracy of Third Party Content.
5.2 Third Party Data - T-Rex Global provides data acquired from third party sources (“Third Party Data”). T-Rex Global provides Third Party Data for Your reference only. T-Rex Global makes its best efforts to obtain reliable Third Party Data, it does not warrant the accuracy or applicability of any Third Party Data. You bear full responsibility for any use of Third Party Data You choose to make, and T-Rex Global shall bear no liability for any damages or other consequences of Your reliance on or use of any Third Party Data.
5.3 Other Site Content - T-Rex Global may provide additional content which is not Third Party Content or User Provided Content. T-Rex Global will make its best efforts to assure the accuracy of such content. You agree to release and hold harmless T-Rex Global for any damages arising out of Your use of or reliance on such content.
6. Offsite Links
6.1 The Websites may contain links to world wide web content which is not a part of the Websites. You agree and acknowledge that T-Rex Global is not responsible for such content.
7.1 Personal Information - T-Rex Global will collect certain personal information from You in connection with Your registration and use of the Websites, including Your full name, address, credit card information (if You elect to access non-free content or services), telephone number, and email address. T-Rex Global will use Your Personal Information in connection with the provision of content and services to You and to communicate with You, and to tell You about other T-ReX Global product and services.
7.2 Third Party Use of Personal Information - T-Rex Global will not share your Personal Information with any third party except under the following circumstances: (i) as required by valid legal process; or (ii) to enforce the terms of this Agreement; (iii) provide email address to the partner that referred you to T-ReX global; or (iiii) Through voluntarily filling out our online 'Quote Request' form for property management directory information such as your name, property address, telephone number, or email address. Third parties that match requirements of services you seek may receive this information.
Without limiting the foregoing, T-Rex Global will provide your Personal Information to any successor in interest of the business conducted by T-Rex Global in connection with any of the Websites or the services provided in connection with any of the Websites.
7.3 Aggregate Information - T-Rex Global may use non-personally identifiable information, including aggregate information, to improve the Websites and users’ experiences with the Websites, including but not limited to, using such information in the testing of website design and testing. T-Rex Global may use such information to identify products or services which may be of general interest to users, and may share such information with third parties in connection with advertising, marketing and the like.
7.4 Maintenance of Information - T-Rex Global will make its best efforts to maintain all user information securely. You agree to release and hold harmless T-Rex Global for any damages arising out of any failure of such efforts.
8. T-Rex Global Intellectual Property
8.1 The Websites contains intellectual property that is subject to various protections under applicable state and federal law. You agree not to violate any valid intellectual property rights in connection with Your use of the Websites.
8.2 “T-Rex Global”, “DepreciateEm”, “DeferEm”, “SimplifyEm” and “RealTaxTips”, and the domain names derived there from are trademarks of T-Rex Global. Websites Content and Websites layout are copyright T-Rex Global. The visual appearance of the Websites is protected trade dress of T-Rex Global under 15 U.S.C. § 1125 et seq.
9. Rights Of Intellectual Property Owners
9.1 DMCA Compliance - T-Rex Global respects the intellectual property rights of others, and operates the Websites in compliance with the Digital Millennium Copyright Act, 17 U.S.C. § 512 et seq. Notices and Counter Notices under the DMCA may be sent to T-Rex Global by email to: email@example.com.
9.2 Notices and Counter Notices - Owners of intellectual property rights, including but not limited to rights in the nature of trademark, patent or copyright (“Rights Owners”), who believe Your User Provided Content or other content You provide infringe their intellectual property rights may send notice to T-Rex Global’s Designated Agent requesting that T-Rex Global remove Your User Provided Content or other content You provide the Websites. Upon receiving a valid request from such an owner, T-Rex Global will remove the allegedly infringing User Provided Content or other content You provide and notify You in accordance with 17 U.S.C. § 512. Upon receiving a notification pursuant to the preceding paragraph, You may counter notify T-Rex Global in accordance with 17 U.S.C. § 512.
10. Warranties and Limitations of Liability
10.1 WAIVER - T-REX GLOBAL HEREBY WAIVES ALL WARRANTIES EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR AN INTENDED USE, IN CONNECTION WITH THE WEBSITES.
10.2 Limitation on Liability - Without limiting the foregoing, T-Rex Global shall not be liable to You or any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of Your use of Websites or otherwise, even if T-Rex Global has been advised of the possibility of such damages, costs or losses. In no event will T-Rex Global’s liability to You or any other person or entity exceed the amounts paid by You under this Agreement.
11. Dispute Resolution
11.1 Dispute Resolution - Any dispute arising out of use of the Websites or this Agreement shall be governed by the laws of the State of California, Alameda County, without regard to its conflict of laws provisions. You hereby agree to personal jurisdiction in the courts of the State of California, Alameda County, and agree not to bring any action against T-Rex Global in any other jurisdiction. Nothing in this Agreement shall limit the rights of T-Rex Global to initiate an action against You in any other jurisdiction where such jurisdiction may be properly exercised.
12. Miscellaneous Provisions
12.1 Relationship of the Parties - You and T-Rex Global are independent contractors, and nothing in this Agreement will create a joint venture, partnership, employment relationship, franchise relationship or taxable entity between You and T-Rex Global.
12.2 Notices - All notices provided for in this Agreement will be by email. You agree to provide to T-Rex Global a valid email address for such purposes, and to advise T-Rex Global immediately of any updates to Your email address. Notices to T-Rex Global shall be sent to support@TReXGlobal.com.
12.3 Entire Agreement - This Agreement embodies the entire agreement between You and T-Rex Global and supersedes and cancels any prior agreement, express or implied, written or oral, with respect to its subject matter. No modification, deletion, amendment of any provision by You will be binding unless T-Rex Global agrees to such modification, deletion or amendment in writing.
12.4 No Waiver - No waiver of any default under this Agreement will apply to any subsequent default, whether of a similar nature or not, nor will any such waiver be construed as a waiver of any other provision of this Agreement.
12.5 Sever ability - If any provision, or portion thereof, of this Agreement, or its application to any person or circumstance, be found invalid, illegal or unenforceable to any extent, the remainder of this Agreement, such provision and their application will not be affected thereby, but will be interpreted without such unenforceable provision or portion thereof so as to give effect, insofar as is possible, to the original intent of the parties, and will otherwise be enforceable to the fullest extent permitted by law.
12.6 Construction - Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural and vice versa, and the neutral gender shall include the feminine and masculine genders and vice versa. The headings in this Agreement are for convenience only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this Agreement or any of its provisions.
12.7 Successors and Assigns - All of the covenants, terms, provisions and agreements contained in this Agreement will be binding upon, and inure to the benefit of, the parties hereto and, to the extent permitted by this Agreement, their respective heirs, legal representatives, successors and assigns.