Terms of Service

TERMS AND CONDITIONS

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY USING THIS WEBSITE AND APPLICATION, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT USE WEBSITE OR APPLICATION IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE, THE APPLICATIONS OR ANY OF THIS WEBSITE’S CONTENTS OR SERVICES BY APPLICABLE LAW.

Particle Space, app.particlespace.com and particlespace.com are the property of ParticleSpace, LLC, a Missouri limited liability company. These terms and conditions (these “Terms”) apply to any use of the web-site (the “Site”) and the Application. These Terms are subject to change by Particle Space (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms prior to use of the Application or any services on this Site. Your continued use of the Application after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Terms of Use that apply generally to the use of our Site and Application. 

1. Description of Service. 

Particle Space is an online property management application (the “Application”) that pairs text and visual data to create an interactive experience. (referred to hereinafter as “User” or “Users” as the context may require).  

2. Limitation of Liability. 

PARTICLESPACE.COM, PARTICLE SPACE, APP.PARTICLESPACE.COM AND PARTICLESPACE, LLC WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR PARTICLESPACE.COM, PARTICLE SPACE, APP.PARTICLESPACE.COM AND PARTICLESPACE, LLC WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE, THE APPLICATION OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.  PARTICLE SPACE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE WEBSITE, THE APPLICATION OR THE INFORMATION, SERVICES, OR RELATED GRAPHICS, OR LINKS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. ANY RELIANCE USER PLACES ON SUCH INFORMATION IS THEREFORE STRICTLY AT USER’S OWN RISK.

IN NO EVENT WILL PARTICLESPACE.COM, PARTICLE SPACE, APP.PARTICLESPACE.COM AND PARTICLESPACE, LLC BE LIABLE FOR ANY LOSS OR DAMAGE INCLUDING WITHOUT LIMITATION, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM LOSS OF DATA OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS APPLICATION.

USER ACKNOWLEDGES THAT PARTICLESPACE.COM AND APP.PARTICLESPACE.COM MAY CONTAIN LINKS TO OTHER WEBSITES WHICH ARE NOT UNDER THE CONTROL OF PARTICLE SPACE AND PARTICLE SPACE HAS NO CONTROL OVER THE NATURE AND CONTENT OF THOSE SITES. THE INCLUSION OF ANY LINKS DOES NOT IMPLY A RECOMMENDATION OR ENDORSEMENT OF ANY VIEWS EXPRESSED WITHIN THEM.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

3. License

Particle Space grants User a nonexclusive, non-transferable, royalty-free license without the right to sublicense, to use the Application, and User agrees to utilize the Application for purposes internal to the User only. User agrees to utilize the Application for property management use only.

4. Electronic Delivery 

By accepting these Terms, you agree and consent to receive electronically all communications, agreements, documents, notices and disclosures that we provide in connection with your use of the Application.

5. Third Party Services

Certain online services (including access to tenant screening, online payments, reporting service and other online services related to the use of the Application) are provided third party service providers and not by Particle Space. User agrees to hold harmless and release Particle Space from any liability relating to User’s use of such online services. User’s access to and conditions of use of such services may be limited in accordance with the terms of use published by such third-party provider. 

6. Indemnification

User agrees to indemnify and hold www.particlespace.com, its subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Application, the violation of these terms and conditions, or infringement by User, or other user of the Application using User’s computer, of any intellectual property or any other right of any person or entity.

7. Modifications and Interruption to Application. 

Particle Space reserves the right to modify or discontinue the Application with or without notice to the User. Particle Space will not be liable to User or any third party should Particle Space choose to exercise its right to modify or discontinue the Application. User acknowledges and accepts that Particle Space does not guarantee continuous, uninterrupted or secure access to its website and operation of its website may be interfered with or adversely affected by numerous factors or circumstances outside of its control.  User acknowledges and accepts that Particle Space does interrupt access briefly on a regular basis to perform site and Application maintenance operations.  

8. Third-Party Sites.

particlespace.com and app.particlespace.com may include links to other sites on the Internet that are owned and operated by third parties.  particlespace.com, Particle Space, app.particlespace.com and ParticleSpace, LLC are not responsible for the availability of, or the content located on or through, any third-party site.  User should contact the site administrator or webmaster for those third-party sites if User has any concerns regarding such links or the content located on such sites.  User’s use of those third-party sites is subject to the terms of use and privacy policies of each site, and Particle Space is not responsible therein. Particle Space encourages all Users to review said privacy policies of third-parties’ sites.

9. Copyright and Trademark Information.  

All content included or available on this Application, excepting content uploaded by User as discussed elsewhere in these Terms, including Application design, text, graphics, videos, interfaces, and the selection and arrangements thereof is ©2018 Particle Space, with all rights reserved.   Particle Space is a trademark of ParticleSpace, LLC, with all rights reserved. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Particle Space is strictly prohibited.  Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy Particle Space’s web pages or the content contained therein without prior written permission of an authorized officer of ParticleSpace, LLC. 

10. Notification of Claimed Copyright Infringement.

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, particlespace.com and app.particlespace.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail:   Particle Space

10000 Marshall Dr Lenexa, KS 66215

By Email: service@particlespace.com 

11. Prohibited Conduct.  

No User is permitted to engage in any of the following acts:

a. download and aggregate listings from our website for display with listings from other websites without our express written permission, "frame", "mirror" or otherwise incorporate any part of the Website into any other website without our prior written authorization;

b. harvest or otherwise collect information about Users, including email addresses, without their consent.

12. Assignment of Rights and Commercial Use.  

User may not assign any rights under these terms and conditions.  User may only use particlespace.com, dashboard.particlespace.com and related services for the purposes of property management.    

13. Privacy. 

We respect your privacy and are committed to protecting it. Our privacy policy at particlespace.com and app.particlespace.com governs the processing of all personal data collected from you in connection with your use of the Application.

14. Force Majeure. 

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes or materials or telecommunication breakdown or power outage.

15.   Governing Law and Jurisdiction. 

This contract will be governed and construed in accordance with the laws of Missouri, excluding Missouri’s choice-of-law principles, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort or otherwise, will likewise be governed by the laws of Missouri, excluding Missouri’s choice-of-law principles.

16.   Dispute Resolution and Binding Arbitration.

 (a)   YOU AND PARTICLE SPACE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

 ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF SERVICES THROUGH THE APPLICATION, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

(b)   The arbitration will be administered by the American Arbitration Association (”AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at 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.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

 (c)    You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR PARTICLE SPACE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. 

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

17.   Assignment. 

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

18.   No Waivers. 

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Particle Space.

19.   No Third-Party Beneficiaries. 

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

20.   Notices.

 (a)   To You. We may provide any notice to you under these Terms by posting to the Application. Notices we provide by posting will be effective upon posting. 

 (b)   To Us. To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier or registered or certified mail to

Particle Space

10000 Marshall Dr Lenexa, KS 66215

We update the address for notices to us by posting a notice on the Application. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.  Any questions about this User Agreement or to report breaches of this User Agreement may contact use at service@particlespace.com. 

21. Refusal of Service. 

Particle Space reserves the right deny service to a User for any reason without notice. Particle Space has the sole right to determine if a User has breached these terms and conditions.  Further, Particle Space may use any means necessary, including legal action, to terminate User’s access to particlespace.com and any related services.  

 ‌22.   Severability. 

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

 23. Entire Agreement. 

User agrees that terms and conditions and policies found elsewhere on particlespace.com and dashboard.particlespace.com represent the entire agreement between User and Particle Space and ParticleSpace, LLC.

THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES