Last updated: December 06, 2019

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://www.rspmultifamily.com website & RenoSystemPro (the "Service") operated by Aloha Software LLC ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Definitions (as related to this software)

Service

RenoSystemPro and all of its components which include the unit renovation management and scheduling system, the CapEx renovation management and scheduling system, the invoice management system, and the Member Directory system to name a few.

Subscription

The service that includes multiple components which include billable components like properties, unit, and CapEx projects. Subscriptions come in three forms which are Pre-Purchased, Monthly, and Enterprise.

Pre-Purchase

The purchase of properties, units, and CapEx project credits prior to their use at a discount over the Monthly . You will be provided credit for each billable component to use at a later date.

Monthly

The purchase and payment of each billable component on the same scheduled monthly day after all work and billable items have been added to the system.

Enterprise

The purchase of an annual plan that allows the Organization to pre-pay a single fee annually and get added features, unlimited properties, unlimited projects, unlimited units, and unlimited CapEx projects.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or through your profile on the website.

Purchases

If you wish to use our product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and other pertinent information as needed to process your Purchase payment(s).

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service employ’s the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Subscriptions

The Service is billed either on a pre-purchase basis or on a subscription basis ("Subscription(s)"). You will be billed each month on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

Each billing cycle for Subscriptions could include one or more of the following charges; the annual subscription fee for each property that you are using the Service with (billed annually and recurring as long as you have open projects on that property), the per unit added to the schedule fee (billed one time only for each unit added to the renovation schedule(s)), and CapEx project(s) fee (billed monthly until the project is closed out by the user). Aloha software LLC is not responsible for user created duplicate entries or charges due to duplicate entries. Maintaining the correct user data entered into the system is the sole responsibility of the users and associated users and not the responsibility of Aloha Software LLC. All charges by the system due to user error and input will not be refunded unless we determine that the error was caused by us, then it will be on case-by-case basis.

At the end of each annual time period for each property, your Property Subscription will automatically renew under the exact same conditions unless you cancel it, or Aloha Software LLC cancels it. For the System to close out a Property and not charge you for that property as an automated process, you must close out (complete) all projects on that property. You may cancel your Organizational Subscription at any time and by doing this, all other subscriptions will be canceled, but all charges will be required to be paid in full before the Subscription is completely cancelled.  You can manage any Subscription renewal either through your online account management page or by contacting Aloha Software LLC customer support team.

A valid payment method, including credit card, is required to process the payment for your Subscription(s). You shall provide Aloha Software LLC and the System with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Aloha Software LLC to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Aloha Software LLC and the System, will issue an email with an electronic invoice indicating that you must proceed, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. If the amount is not paid in full within Fifteen (15) calendar days, then all properties, projects, and associated users account (except for Vendor & Supplier account tied to other clients, these will remain operational) will be suspended and an additional 15% Late Fee will be added to the total charges. If you fail to pay and bring your Organizational account in compliance within the certain deadline given, then your Organizations account will be closed and all organizational information (this includes properties, projects, schedules, users, and any other information you or users tied to you have added to the system in any way) will be deleted from the system.

Risk Free Trial

Aloha Software LLC may, at its sole discretion, offer a Subscription with a risk free trial for a limited period of time ("Risk Free Trial"). The term “Risk Free Trial” does not mean that you or any other users is using the system at no charge. By using this term we are delaying the accrued billing until after the designated time period to give you an opportunity to try the system for the designated period of time. You will be billed for all accrued charges during the designated time period the day after the designated time period.

You are not required to enter your billing information in order to sign up for the Risk Free Trial.

If you do enter your billing information when signing up for the Risk Free Trial, you will not be charged by Aloha Software LLC until the Risk Free Trial has expired. On the immediate day after the Risk Free Trial period,unless you cancelled your Subscription, you will be automatically charged the accrued Property Fees, Unit Fees, CapEx Project Fees, and/or your Enterprise Annual Subscription Fee, from the first day of using the System.

At any time and without notice, Aloha Software LLC reserves the right to (i) modify the terms and conditions of the Risk Free Trial offer, or (ii) cancel such Risk Free Trial offer.

Fee Changes

Aloha Software LLC, in its sole discretion and at any time, may modify the Subscription and other associated fees for the Subscriptions. Any Fee change will become effective at the end of the then-current Billing Cycle.

Aloha Software LLC will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

In general, there are no refunds. Certain refund requests for Subscriptions may be considered by Aloha Software LLC on a case-by-case basis and granted in sole discretion of Aloha Software LLC.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, logos, text, photos, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service and our Member Directory, You represent and warrant that: (i) the Content is yours (you own it at the time of posting) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You also give Aloha Software LLC the right to use your content as we see fit for marketing purposes in any way we see fit and to copy or integrate it into the software in any way we see fit. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service.

Aloha Software LLC has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of Aloha Software LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Aloha Software LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Aloha Software LLC.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Aloha Software LLC

Aloha Software LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Aloha Software LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply go to your user profile and click on the Terminate Account button. You will be prompted to verify this decision and once you accept verification, your account will be terminated.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Aloha Software LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall Aloha Software LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Aloha Software LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Colorado, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.