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Terms of Service

Last Updated: July 24, 2023

Acceptance of These Terms of Service

APAD Access, Inc. ("APAD," "we," "us," or "our") provides our services (described below) and related content to you through our website(s) that allow visitors to learn and communicate with us about our products and services (the "Site") and through our mobile applications and related technologies ("Mobile Apps", and collectively, such Mobile Apps and the Site, including any updated or new features, functionality and technology, the "Service"). All access and use of the Service is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these "Terms of Service"). By accessing, browsing, or otherwise using the Site, Mobile Apps, or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service on on the Site and in our Mobile App. We will also notify you of any material changes, either through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST APAD ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

Your Privacy

At APAD, we respect the privacy of our users. For more information please see our Privacy Policy, located at Privacy Policy (the "Privacy Policy").

Additional Terms

In addition, when using certain features through the Service, you will be subject to any additional terms applicable to such features that may be posted on or within the Service from time to time. All such terms are hereby incorporated by reference into these Terms of Service.

Access and Use of the Service

Service Description

The Service is designed to provide access control and property management solutions and related services for users. Users may be distinguished as building management (e.g., the property manager), building service providers (e.g., doormen, maintenance, or cleaners), residents (e.g., leaseholders) or guests (e.g., other occupants who aren't listed on a lease or formal document).

Your Registration Obligations

You may be required to register with APAD or provide information about yourself (e.g., name and email address) in order to access and use certain features of the Service (your "Access Credentials"). If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service's registration form. Registration data and certain other information about you and your guests are governed by our Privacy Policy. If you are under 18 years old, you may use the Service only with the approval of your parent or guardian.

Account, Password and Security

You are responsible for maintaining the confidentiality and security of your password, keycode, user device, keycards, fobs, or physical keys and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to use passwords that meet APAD's then current password security guidelines or requirements. You agree to (a) immediately notify APAD of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. APAD will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Access Permissions

Our Services may allow you to authorize access to your building and residence by other users. For example, you may authorize access by a guest, such as a friend or family member, or by a service provider, such as for housekeeping, child care, or pet care. If you authorize another user to access your building or residence, you represent and warrant that: (a) you are authorized by either building management or the leaseholder to grant such access; (b) granting such access will not violate any agreements (e.g., your lease), building policies, or applicable laws; and (c) that you have your guest's consent to provide your guest's information to APAD. You further represent and warrant that you will not authorize access to the Services by any minor under the age of 18 without the approval of the minor's parent or guardian.

Modifications to Service

APAD reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that APAD will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage

You acknowledge that APAD may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on APAD's or its third-party service providers' servers on your behalf. You agree that APAD has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that APAD reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that APAD reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Conditions of Access and Use

User Conduct

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials ("content") that you make available to APAD, including by uploading, posting, publishing, or displaying (hereinafter, "upload(ing)") via the Service or by emailing or otherwise making available to other users of the Service (collectively, "User Content"). The following are examples of the kinds of content and/or uses that are illegal or prohibited by APAD. APAD reserves the right to investigate and take appropriate legal action against anyone who, in APAD's sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree to not use the Service to:

  1. email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains 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; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, discriminatory, or otherwise objectionable; or (vii) in the sole judgment of APAD, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose APAD or its users to any harm or liability of any type;
  2. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
  3. violate any applicable local, state, national or international law, or any regulations having the force of law;
  4. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  5. solicit personal information from anyone under the age of 18;
  6. harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  7. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  8. further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
  9. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service;
  10. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or collect information about users for any unauthorized purpose;
  11. create user accounts by automated means or under false or fraudulent pretenses;
  12. use the Service in any manner that could damage, disable, overburden, or impair any of our servers, or the networks connected to any of our servers;
  13. use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person's use of the Service;
  14. forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to APAD on or through the Service or any service offered on or through the Service;
  15. use the Service in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact APAD;
  16. use the Service to advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  17. use the Service to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
  18. use the Service to impersonate or attempt to impersonate APAD, an APAD employee, another user, or any other person or entity;
  19. use the Service to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm APAD or users of the Service or expose them to liability;
  20. use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service, including their ability to engage in real time activities through the Service;
  21. use any robot, spider or other automatic device, process or means to access the Service for any purpose, including monitoring or copying any of the material on the Service;
  22. use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent;
  23. introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  24. attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service;
  25. attack the Service via a denial-of-service attack or a distributed denial-of-service attack;
  26. take any action that may damage or falsify APAD reputation;
  27. otherwise attempt to interfere with the proper working of the Service.

Termination

You agree that APAD, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if APAD believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. APAD may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that APAD may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that APAD will not be liable to you or any third party for any termination of your access to the Service.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service, and APAD will have no liability or responsibility with respect thereto. APAD reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

General

These Terms of Service (together with the terms incorporated by reference herein) constitute the entire agreement between you and APAD governing your access and use of the Service, and supersede any prior agreements between you and APAD with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and APAD submit to the personal and exclusive jurisdiction of the state and federal courts located within New York County, New York. The failure of APAD to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and 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 use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of APAD, but APAD may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the words "include" and "including," and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words "without limitation." Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service. APAD will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond APAD's reasonable control.

U.S. Government Restricted Rights

The Service is made available to the U.S. government with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Service (including the Software) by the U.S. government constitutes acknowledgement of our proprietary rights in the Service (including the Software).

Questions? Concerns? Suggestions?

Please contact us at support@apadaccess.com or APAD Access, Inc., 36 West 25th Street, 17th Floor, NY, NY 10010 to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.