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Terms of Service

Please read our terms carefully before using our services.

Last updated: July 31, 2024

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the PropStack platform (the "Service") operated by Duck and its affiliates ("us", "we", or "our"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

1. Accounts and Registration

When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password.

2. User Conduct and Responsibilities

You agree not to use the Service to:

  • Violate any local, state, national, or international law or regulation.
  • Post any content that is false, misleading, unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive.
  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Interfere with or disrupt the Service or servers or networks connected to the Service.
  • Engage in any data mining, data harvesting, data extracting, or any other similar activity in relation to this Service.

3. User-Generated Content

You may post content, including photos, comments, and other materials ("User Content"). You retain all rights in, and are solely responsible for, the User Content you post to the Service. By posting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Service.

4. Marketplace Transactions

PropStack provides a platform for transactions (e.g., property sales, rentals, vehicle sales) between users. We are not a party to any transaction between users. We do not have control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items, or the ability of buyers to pay for items.

5. Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of PropStack and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of PropStack.

6. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.

7. Disclaimer of Warranties

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 to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

8. Indemnification

You agree to defend, indemnify and hold harmless PropStack 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 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, or b) a breach of these Terms.

9. Limitation of Liability

In no event shall PropStack, 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 your access to or use of or inability to access or use the Service.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of the jurisdiction in which the company is established, 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.

11. Changes to Terms

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.

12. Contact Us

If you have any questions about these Terms, please contact us at legal@propstack.com.