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TRIKE PROPERTY MANAGEMENT USER AGREEMENT

PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY BEFORE USING THIS SITE. IF YOU DO NOT AGREE TO THE TERMS OF THIS USER AGREEMENT, THEN YOU CANNOT USE THIS SITE. BY CLICKING THE "YES, I AGREE" BOX DURING REGISTRATION YOU ARE ACKNOWLEDGING AND AGREEING TO BE BOUND BY THE FOLLOWING TERMS:

INTELLECTUAL PROPERTY
THIS SITE, AS WELL AS ANY CORRESPONDING DOCUMENTATION OR INFORMATION, IS THE EXCLUSIVE PROPERTY OF TRIKE PROPERTY MANAGEMENT.  TRIKE PROPERTY MANAGEMENT OWNS ALL INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHTS PERTAINING TO THE SITES, DOCUMENTATION OR ANY OTHER PRODUCT GIVEN TO THE USER AS PART OF THIS AGREEMENT. THE ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT DOES NOT CONFER ANY RIGHTS OF OWNERSHIP OVER THE AFOREMENTIONED SITES OR PRODUCTS BELONGING TO TRIKE PROPERTY MANAGEMENT OR ITS SOFTWARE SUPPLIERS.

TRADEMARKS
TRIKE PROPERTY MANAGEMENT AND ALL RELATED LOGOS, SLOGANS, PRODUCTS, AND SERVICES ON THIS SITE ARE TRADEMARKS OF TRIKE PROPERTY MANAGEMENT AND MAY NOT BE COPIED, IMITATED OR USED, IN WHOLE OR IN PART, WITHOUT THE PRIOR WRITTEN PERMISSION OF TRIKE PROPERTY MANAGEMENT.

EVALUATION
THE USER MAY GIVE TRIKE PROPERTY MANAGEMENT.COM ANY INFORMATION ABOUT THE FUNCTIONING OF THE SITE, PROBLEMS AND IMPROVEMENTS THAT THE USER MAY CONSIDER NECESSARY. THESE REPORTS CAN BE USED BY TRIKE PROPERTY MANAGEMENT FOR ANY PURPOSE, WITHOUT THE USER'S CONSENT OR ANY OBLIGATION ON THE PART OF TRIKE PROPERTY MANAGEMENT TO THE USER WITHOUT PREJUDICE TO THAT LAID OUT IN THIS AGREEMENT.

WARRANTY
THIS SITE IS PROVIDED BY TRIKE PROPERTY MANAGEMENT ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRIKE PROPERTY MANAGEMENT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TRIKE PROPERTY MANAGEMENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TRIKE PROPERTY MANAGEMENT DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM TRIKE PROPERTY MANAGEMENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TRIKE PROPERTY MANAGEMENT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THE USER RENOUNCES ANY CLAIM TO COMPENSATION AND/OR DAMAGES FROM TRIKE PROPERTY MANAGEMENT ARISING DIRECTLY OR INDIRECTLY FROM THE SITE'S FUNCTIONING OR FAILURE TO FUNCTION, INCLUDING (BUT NOT LIMITED TO) BUSINESS INTERRUPTIONS, MONETARY LOSS OR LOSS OF ANTICIPATED INCOME AS A RESULT OF THE USE OF THE SITE. THE USER AFFIRMS THAT HE/SHE IS NOT AN EMPLOYEE OF A COMPETITOR OF TRIKE PROPERTY MANAGEMENT AND THAT HE/SHE DOES NOT HAVE ANY OTHER RELATION OR CONNECTION TO ANY OF TRIKE PROPERTY MANAGEMENT'S COMPETITORS.

CONFIDENTIALITY
THE USER RECOGNIZES THAT THE SITE, DOCUMENTATION AND/OR ANY OTHER INFORMATION OR MATERIAL PROVIDED BY TRIKE PROPERTY MANAGEMENT IS CONFIDENTIAL INFORMATION BELONGING TO TRIKE PROPERTY MANAGEMENT THE SITE AND ANY OTHER INFORMATION PROVIDED BY TRIKE PROPERTY MANAGEMENT IS CONFIDENTIAL AND THE USER MUST PROTECT IT AS SUCH. IN THE CASE OF BUSINESS USERS, THE USER AGREES TO ESTABLISH WITH THOSE EMPLOYEES WITH ACCESS TO THE SITE, DOCUMENTATION AND/OR ANY OTHER INFORMATION OR MATERIAL PROVIDED BY TRIKE PROPERTY MANAGEMENT, THE WARNINGS AND DOCUMENTATION NECESSARY TO ENSURE THAT THE CONFIDENTIALITY REQUIREMENTS ARE MET.

RESTRICTIONS
THE USER AGREES NOT TO SELL, LEND, LEASE OR TRANSFER IN ANY WAY COPIES OF THIS SITE, DOCUMENTATION AND/OR ANY OTHER INFORMATION OR MATERIAL PROVIDED BY TRIKE PROPERTY MANAGEMENT AS A CONSEQUENCE OF THE USER ACCEPTING THIS AGREEMENT. THE USER IS NOT PERMITTED TO DECOMPILE, REVERSE-ENGINEER OR DISASSEMBLE THIS SITE. YOU MUST BE A CITIZEN OF THE UNITED STATES TO USE THIS SITE.

DURATION
HOWEVER, TRIKE PROPERTY MANAGEMENT AND/OR THE USER CAN TERMINATE THIS AGREEMENT WITHOUT CAUSE, THROUGH WRITTEN NOTIFICATION OR BY E-MAIL NOTIFICATION TO THE OTHER PARTY. ALL PROVISIONS RELATED TO CONFIDENTIALITY WILL REMAIN EFFECTIVE AFTER THE AGREEMENT HAS ENDED.

DATA PROTECTION
TRIKE PROPERTY MANAGEMENT STRICTLY COMPLIES WITH ALL LAWS GOVERNING THE USE OF PERSONAL DATA. THE INFORMATION THAT USERS PROVIDE IS INCLUDED IN TRIKE PROPERTY MANAGEMENT'S DATABASES. TRIKE PROPERTY MANAGEMENT HAS ALSO ADOPTED ALL NECESSARY TECHNICAL AND ADMINISTRATIVE MEASURES TO GUARANTEE THE SECURITY OF THE DATA GATHERED.

THE USER GIVES EXPRESS PERMISSION THAT ANY PERSONAL INFORMATION SUPPLIED TO TRIKE PROPERTY MANAGEMENT MAY BE USED TO SEND, BY ANY MEANS INCLUDING E-MAIL, INFORMATION ABOUT OFFERS, SERVICES, RECEIPTS, OR PAYMENT NOTIFICATIONS THAT MIGHT BE TO HIS/HER INTEREST, ALWAYS IN ACCORDANCE WITH THE LAWS GOVERNING THE USE OF PERSONAL DATA AND OUR PRIVACY POLICY. THE USER HAS THE RIGHT TO UNSUBSCRIBE FROM SUCH COMMUNICATION, BY FOLLOWING THE INSTRUCTIONS PROVIDED ON THE SITE.

IN ANY EVENT, USERS MAY AT ANY TIME EXERCISE THEIR RIGHT TO ACCESS INFORMATION, TO RECTIFY ANY DATA ERRORS OR TO ASK FOR INFORMATION TO BE DELETED AS DESCRIBED AT THE FOLLOWING ADDRESS: HTTP://WWW.TRIKEPM.COM.

CHARGEBACKS
BY ACCEPTING A CREDIT CARD PAYMENT ON THIS SITE, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL CHARGEBACKS(ANY PAYMENT REVERSAL) ON PAYMENTS YOU RECEIVE. IF A CHARGEBACK OCCURS, YOU WILL BE SENT NOTIFICATION REQUESTING IMMEDIATE FUNDS DUE IN THE AMOUNT OF THE CHARGEBACK. YOU AGREE TO SEND THE FUNDS DUE WITHIN THREE BUSINESS DAYS OF THE NOTIFICATION BEING SENT REGARDLESS OF THE STATUS OF THE DISPUTE WITH THE PAYMENT MAKER. TRIKE PROPERTY MANAGEMENT HAS NO OBLIGATION TO PARTICIPATE IN THE DISPUTE RESOLUTION.

FEES
ALL FEES ARE SET IN THE FEE SCHEDULE LOCATED ON HTTP://WWW.TRIKEPM.COM. THESE FEES ARE SUBJECT TO CHANGE WITHOUT NOTICE AS NOTED IN THE FEE SCHEDULE.

INDEMNIFICATION
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS TRIKE PROPERTY MANAGEMENT AND ITS EMPLOYEES, REPRESENTATIVES, OFFICERS, AGENTS, AFFILIATES, SUBSIDIARIES, DIRECTORS, SUPPLIERS AND PARTNERS AGAINST ANY SUIT, CLAIM, OR DEMAND (INCLUDING LEGAL FEES) MADE OR BROUGHT AGAINST TRIKE PROPERTY MANAGEMENT AND ITS EMPLOYEES, REPRESENTATIVES, OFFICERS, AGENTS, AFFILIATES, SUBSIDIARIES, DIRECTORS, SUPPLIERS AND PARTNERS BY ANY THIRD PARTY THAT IS BASED ON OR RELATED TO THE SERVICE PROVIDED ON THIS SITE INCLUDING, BUT NOT LIMITED TO THE BREACH OF THIS AGREEMENT.

SEVERABILITY
IF ANY PROVISION OF THIS AGREEMENT IS FOUND TO BE CONTRARY TO LAW BY A COURT OF COMPETENT JURISDICTION, SUCH PROVISION SHALL BE OF NO FORCE OR EFFECT; BUT THE REMAINDER OF THIS AGREEMENT SHALL CONTINUE IN FULL FORCE AND EFFECT. THE PARTIES SHALL MEET AND CONFER IN GOOD FAITH WITH RESPECT TO ANY PROVISION FOUND TO BE IN CONTRAVENTION OF THE LAW.

OTHER PROVISIONS

(A) GOVERNING LAW.
THIS AGREEMENT, AND ALL DISPUTES ARISING OUT OF OR RELATED THERETO, SHALL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF TEXAS WITHOUT REFERENCE TO CONFLICT OF LAWS PRINCIPLES. ALL SUCH DISPUTES SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN HOUSTON, TEXAS, AND THE PARTIES AGREE AND SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION AND VENUE OF THESE COURTS.

(B) ASSIGNMENT.
USER SHALL NOT ASSIGN THIS AGREEMENT OR ANY RIGHTS OR OBLIGATIONS HEREUNDER, DIRECTLY OR INDIRECTLY, BY OPERATION OF LAW, MERGER, ACQUISITION OF STOCK OR ASSETS, OR OTHERWISE, WITHOUT THE PRIOR WRITTEN CONSENT OF TRIKE PROPERTY MANAGEMENT SUBJECT TO THE FOREGOING, THIS AGREEMENT SHALL INURE TO THE BENEFIT OF AND BE BINDING UPON THE PARTIES AND THEIR RESPECTIVE SUCCESSORS AND PERMITTED ASSIGNS.

(C) MODIFICATION.
THIS IS THE ENTIRE AGREEMENT BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER HEREOF AND ALL OTHER TERMS ARE REJECTED. NO WAIVER OR MODIFICATION OF THIS AGREEMENT SHALL BE VALID UNLESS IN WRITING SIGNED BY EACH PARTY. THE WAIVER OF A BREACH OF ANY TERM HEREOF SHALL IN NO WAY BE CONSTRUED AS A WAIVER OF ANY TERM OR OTHER BREACH HEREOF. IF ANY PROVISION OF THIS AGREEMENT IS HELD BY A COURT OF COMPETENT JURISDICTION TO BE CONTRARY TO LAW THE REMAINING PROVISIONS OF THIS AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT.

CONTACT INFORMATION
IF YOU HAVE ANY QUESTIONS ABOUT THIS USER AGREEMENT, OR IF YOU WANT TO CONTACT TRIKE PROPERTY MANAGEMENT FOR ANY REASON, USE THE "CONTACT US" LINK PROVIDED ON HTTP://WWW.TRIKEPM.COM.

Yes, I agree to the above user agreement.