Last Edited - 07/05/2021
Please read these Terms of Service ("Terms") carefully. By downloading, accessing, or using the mobile applications, websites, or other products or services of Courtesy Connection LLC and our affiliates ("Courtesy Connection", “Company”, "we" or "us"), or the services, features, or functionality jointly offered with other companies through our mobile application or website (collectively, the "Services"), you agree to be bound by these Terms. These Terms affect your legal rights and obligations, so if you do not agree to these Terms, then do not use the Services.
Courtesy Connection provides answering service software and other features (“Services”) to property managers and landlords who are responsible for leasing property (collectively “Customers” for the purposes of these Terms). Those Services are accessible at www.courtesyconnection.com and any other websites through which Courtesy Connection makes the Services available (collectively, the "Application"). By using the Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Application and Services and constitute a binding legal agreement between you and Courtesy Connection.
Courtesy Connection reserves the right, at its sole discretion, to modify the Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, then we will post the modification on the Application or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Application or Services after we have posted a modification on the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, then your only recourse is to cease using the Application and Services.
The Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Application or Services you represent and warrant that you are 18 or older.
LICENSE BETWEEN YOU AND COURTESY CONNECTION
When you register for the Application or otherwise authorize us to use content, you grant us a limited, non-exclusive, royalty-free, sublicensable irrevocable right and license to copy, use, distribute, reproduce, modify, display, perform, create derivative works from, store and otherwise use the content, in any media known now or in the future, and you represent that you have sufficient rights in the content to make this grant.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and obligations that may apply to your use of the Application and Services. In connection with your use of the Application, Services and Content, you may not and you agree that you will not:
LINKS TO THIRD-PARTIES
courtesyconnection.com and our App may contain links to third-party websites that are not operated by us. Courtesy Connection does not control third-party websites and we are not responsible for their content. Courtesy Connection's inclusion of hyperlinks to to third parties do not imply any endorsement of the material on such websites or any association with their operators. If you decide to access any of the third party sites linked to this website, you do so entirely at your own risk.
By creating an Account, you agree that the Services may send you text (SMS) messages for any purpose, including marketing, to any telephone number you provide, as part of the normal business operation of your use of the Services. Message and data rates may apply. You may opt-out of receiving text (SMS) messages from the Services at any time by texting the word STOP to the 10-digit number from which you received the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
By creating an Account, you agree that the Services may call you for any purpose, including marketing, at any telephone number you provide, as part of the normal business operation of your use of the Services. You further agree that any such calls may be placed using artificial or prerecorded voice and/or autodialers. Phone calls may come from a Customer using the Services, from Courtesy Connection representatives, or someone acting on behalf of any of them. Phone calls are used to improve the user experience, and help to operate the Services as intended. If you do not wish to receive any phone calls, then you should not use the Services and deactivate your account.
SERVICES NOT PROVIDED
Without limiting the generality of the foregoing, you acknowledge and agree as follows:
Courtesy Connection shall not be liable to you for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage, even if Courtesy Connection has been advised of the possibility of such damages. Courtesy Connection shall not be liable for any damages, liability or losses incurred by you arising out of: (i) your use of or reliance on the Services or your inability to access or use the services; or (ii) any transaction or relationship between you and any third party provider, even if Courtesy Connection has been advised of the possibility of such damages. Courtesy Connection shall not be liable for delay or failure in performance resulting from causes beyond Courtesy Connection's reasonable control. These limitations do not purport to limit liability that cannot be excluded under the law in the jurisdiction of your place of residence.
Courtesy Connection provides a subset of products that are, by their nature, imprecise, and, as such, Courtesy Connection makes no claims nor guarantees to their accuracy. Your usage of these products is entirely at your own risk:
You agree to release, defend, indemnify, and hold Courtesy Connection and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your breach of this Agreement, or your violation of any law or the rights of a third party, or incurred by us as a result of your default under this Agreement.
Informal Dispute Resolution. If you are unable to reach a satisfactory resolution concerning any claim or dispute with Courtesy Connection after having contacted Courtesy Connection by e-mail at [email protected] and providing a reasonable amount of time for Courtesy Connection to resolve the claim or dispute, then, and only then, will you have the option to continue to pursue the claim or dispute through binding arbitration with Courtesy Connection or, solely to the extent provided below, in court.
Arbitration Agreement. You and Courtesy Connection agree to arbitrate all disputes between us, except as otherwise provided below. This arbitration agreement covers any dispute arising out of or relating to any aspect of the relationship between (i) you, on the one hand, and (ii) Courtesy Connection, Customers, or anyone acting on any of their behalf, on the other hand, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, including, but not limited to: (i) claims that arose before this or any prior agreement, or which may hereafter arise; (ii) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (iv) claims that may arise after the termination of this Agreement. This Agreement evidences a transaction in interstate commerce, and, therefore, the Federal Arbitration Act governs the interpretation and enforcement of this and related provisions below. This arbitration provision shall survive termination of this Agreement.
Certain Exceptions to Arbitration Agreement. YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION if: (i) the claim qualifies for small claims court in Dekalb County, Georgia, in which case you may initiate proceedings in small claims court; or (ii) YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN THIRTY (30) DAYS FROM THE DATE (THE "OPT-OUT DEADLINE") ON WHICH THE EARLIER OF THE FOLLOWING OCCURS OR HAS OCCURRED: (i) THE DATE ON WHICH YOU ENTER INTO THIS AGREEMENT OR, (ii) THE DATE ON WHICH YOU ENTERED INTO ANY AGREEMENT WITH Courtesy Connection CONTAINING A SUBSTANTIALLY IDENTICAL ARBITRATION PROVISION. You may opt out by sending an email before the Opt-Out Deadline to [email protected], which should include your name and address and the fact that you wish to opt out of arbitration. Notwithstanding the arbitration agreement set forth above, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Class Action and Jury Trial Waiver. YOU AGREE THAT (I) ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN COURT OR ARBITRATION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION, (II) NEITHER YOU NOR Courtesy Connection SHALL BE A MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING, (III) THE ARBITRATOR IS AUTHORIZED TO AWARD RELIEF ONLY ON AN INDIVIDUAL BASIS, AND (IV) YOU AND Courtesy Connection ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://adr.org/aaa/ShowPDF?doc=ADRSTG_004314.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Courtesy Connection otherwise agree, the arbitration will be conducted in Dekalb County, Georgia. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Courtesy Connection submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Courtesy Connection will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.
Fees. Any parties' responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Changes. Notwithstanding the provisions of the "Modification" section above, if Courtesy Connection changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to [email protected] ) within 30 days of the date such change became effective, as indicated in the "Last Updated Date" above or in the date of Courtesy Connection's legal email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Courtesy Connection in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
Unless otherwise stated, notices to us should be sent to the following address:
Courtesy Connection LLC
4488 Village Springs Pl
Dunwoody, GA 30338
You may not assign these Terms without Courtesy Connection's prior written approval. Courtesy Connection may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Courtesy Connection's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Courtesy Connection or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Courtesy Connection's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Courtesy Connection in writing.
Any dispute between you and Courtesy Connection will be governed by these Terms and the laws of the State of Georgia and applicable United States law, without giving effect to any conflict-of-laws principles that may provide for the application of the law of another jurisdiction. Any action or proceeding concerning, related to, regarding, or commenced in connection with these Terms, your use of Application, our delivery of Services, or any other matter between Courtesy Connection and you must be resolved via arbitration as provided above, or, if otherwise allowed by these Terms, brought in a state or federal court located in Dekalb County, Georgia. The parties thereto hereby irrevocably submit to the personal jurisdiction of such courts or arbitration proceedings and waive any objection they may now or hereafter have as to the venue of any such action or proceeding brought in any such court, or that any such court is an inconvenient forum.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and Courtesy Connection. These Terms do not create or confer any third-party beneficiary rights. We may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Services, or updating the "Last Updated" date above. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services.
Services are contracted by Customers from us on a 12 month “Customer Term”. The last day of a Customer Term is referred to as a “Termination Date”. Absent notice to us by Customer 30 days in advance of a Customer’s Termination Date, Customer’s subscription to Services shall renew for a subsequent 12 month Customer Term at our then-prevailing rate.
Company may issue fee increases up to once per calendar year on 30 days notice. Each fee increase shall be limited to the greater of 4% or the year-over-year change in the Consumer Price Index (CPI).
All bills are due on NET 30 terms. Company may terminate or suspend Services delivered to a Customer on 7 days notice in the event of that Customer's default. Such suspension of Services due to default does not suspend Customer’s subscription and financial obligations to already-contracted Services.
Company may terminate a Customer’s subscription to Services for any reason whatsoever, with or without cause, on 30 days notice. Except where Company has terminated a Customer’s subscription to Services for cause, upon termination, Company shall convert the balance of any prepaid licensing fees to an on-account credit. If the result of that conversion results in a credit balance for Customer’s account, then Company shall issue Customer a payment for the totality of that credit balance within 30 days of termination.
Customer's obligation to pay any fees associated with Services through the Termination Date shall survive the termination of any agreements between Customer and Company.
Company may reference Customer as a client in marketing materials. While Customer continues to subscribe to Services, Company may use Customer’s name and logo. If applicable, during that same duration, Customer grants Company a worldwide, non-exclusive, and royalty-free license to use Customer’s name and logo.
If you have any questions or comments regarding these Terms, then please contact us at [email protected].