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Text Content

Marketing Automation Map Maker Tourbooks
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Map Maker Tourbooks Enterprise Admin
Marketing Automation Map Maker Tourbooks
Time kills deals. Stop wasting it.
Centralize, automate and publish your property information with ease. Access
what you need, when you need it, from any device.

PropertyCapsule has been acquired by VTS
Together, VTS and PropertyCapsule will provide the most comprehensive retail
marketing automation and leasing management solution in the market. Find out
more or request a demo
Look familiar?
When information is flying around in so many places, marketing and deal making
become a chaotic process. We feel your pain.
Centralize everything
Instead, put it all in one place and always know where your property information
is.
Automate instantly
Technology at it's best - we'll automate the busy work so you can focus on what
matters.
Publish Everywhere
One update, published everywhere (even paper). You'll always have the latest
version, without having to ask. Goodbye chaos.
How our solution works
Stop wasting time managing your property information.

Property Capsule makes it simple: Upload your property information in one place.
All your materials - including plans, maps, images and property characteristics
- stay organized in a centralized location.

Update information easily. For example, you lease a retail space to a new tenant
and need marketing materials to reflect the change. Just pick the tenant name
and you’re done. The plan updates itself - and everything else too. Our system
(and database of over 10,000 retailers and logos) does the work for you.

You don’t need to worry about updating or publishing each document separately,
because the system does that - automatically.

You’ll find your interactive website, plans, maps and flyers published with the
most recent information - instantly. Your documents will even be updated with
the latest market research data.

Now, all your property information is accessible on any platform, from any
device. Web, mobile phone, iPad app, email, PDF, touchscreen and PC – you’ve got
it.

Close more deals in less time.
For the industry. By the industry. See for yourself
 * Terms of Service 
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 *  Contact Us 
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Terms & Conditions
This website and all services and/or products used in connection therewith
(collectively, "Website") are being offered by Property Capsule Inc. and its
affiliates ("Property Capsule") to the end user ("User") upon the following
terms and conditions ("Terms"). These Terms are a legal agreement between
Property Capsule and User, and by submitting information to Property Capsule,
using, or otherwise accessing the Website, User hereby agrees to be bound by
these Terms, which may be changed by Property Capsule at any time, and from time
to time. If User does not agree to be bound by these Terms, User may not submit
information, use, or otherwise access the Website. These Terms supersede any
prior agreement(s) between Property Capsule and User regarding the access and
use of the Website.

Subscription Fees

Use of the Website is subscription based and is therefore conditioned on User's
advanced payment of a monthly subscription fee to Property Capsule. User is
responsible for the timely payment of all such fees and any other taxes or
assessments attributable to User in connection with the use of the Website. User
hereby (i) agrees to provide User's complete and accurate registration and
billing information (including any modifications thereto) to Property Capsule,
(ii) agrees to pay all subscription fees for use of the Website to Property
Capsule, and (iii) if applicable, authorizes Property Capsule to charge User's
credit card on an automatic and recurring basis for all fees owed to Property
Capsule for use of the Website.

The subscription fees are due monthly on the same date of each calendar month
("Billing Date"), as determined by Property Capsule in its sole discretion.
Property Capsule may change the Billing Date without notice to User. Unless
Property Capsule changes the Billing Date after User has subscribed,
subscription fees to the Website will not be prorated and the registration or
use of the Website at any time during a calendar month will constitute User's
agreement to pay the full subscription amount for such month.

User may sign-up for a free thirty (30) day trial subscription ("Trial Period")
to evaluate the Website. User may convert the trial subscription into a paid
subscription at any time before the end of the Trial Period by clicking on the
subscription link in User's account and submitting a completed subscription form
to Property Capsule. If User does not convert the trial subscription into a paid
subscription, then upon expiration of the Trial Period User's account will be
deactivated; resulting in a complete and irretrievable loss of content from
User's account, for which Property Capsule will not have any liability
whatsoever. User may sign-up for only one (1) Trial Period unless otherwise
expressly agreed to in writing by Property Capsule, and any violation of this
policy may result in the immediate termination of User's account.

If User upgrades or downgrades its service level (i.e., from Property Capsule
Lite to Property Capsule Pro, or vice versa), then such change in service and
the new subscription fee amount will be effective on the next Billing Date. User
understands that any downgrade in service will result in the loss of certain
features and may result in a complete and irretrievable loss of content from
User's account, for which Property Capsule will not have any liability
whatsoever.

PROPERTY CAPSULE RESERVES THE RIGHT, AT ANY TIME AND FROM TIME TO TIME, TO
PROSPECTIVELY CHANGE THE NATURE AND AMOUNT OF FEES CHARGED FOR USE OF THE
WEBSITE, AND THE MANNER IN WHICH SUCH FEES ARE ASSESSED.

Permitted Uses

Subject to the provisions hereof, User may use the Website in connection with
its commercial real estate business ("User's Business") by providing the
specific marketing information about User's property listings made available on
the Website to User's clients and prospective clients ("Permitted Uses"). User
may display, print, or copy information from the Website for use in word
processing, PDF, spreadsheet, and presentation programs in connection with
User's Business.

Property Capsule reserves the right to refuse providing access or use of the
Website to anyone for any reason at any time.

Prohibited Uses

User will not:

1. Access or use any part of the Website if User is a competitor of Property
Capsule, or offers a product or service that competes with the Website, directly
or indirectly;

2. Access or use any part of the Website if User is not a human being. Accounts
registered by "bots" or other automated methods are prohibited;

3. Provide access to password-protected areas of the Website to any person or
entity other than User;

4. Disclose, distribute, transmit, or use any information about the Website in
connection with any person or entity's attempt to develop a competing product or
service;

5. Reverse-engineer any feature of the Website. For purposes of this section,
"reverse-engineer" includes, without limitation, disassembly or decompilation of
object/binary code, analysis of algorithms, any action or attempted action to
re-implement similar functionality or design in a separate tool, capturing
network traffic, deobfuscation of code, or other attempt to derive the source
code of any part of the Website or its underlying technology;

6. Cause any disruption to the Website;

7. Access or use the Website in a manner that is unlawful in any way;

8. Access or use the Website in a manner that violates any agreement to which
User or any User Content (as defined below) is or will be bound;

9. Falsely state or otherwise misrepresent any registration or billing
information, or otherwise disguise the origin of any information, data, text,
software, photographs, images, graphics, or other content posted on or
transmitted through the Website; or

10. Otherwise access or use the Website in a manner inconsistent with the
Permitted Uses described above.

Property Capsule Ownership and License Agreement

Property Capsule owns all right, title, and interest in and to each and every
component of the Website and its underlying technology (including all Property
Capsule Tools and Intellectual Property incorporated therein, each as defined
below). Property Capsule hereby grants to User a personal, non-exclusive,
revocable, non-transferable license to use the Website in accordance with these
Terms.

"Intellectual Property" means any and all now known or hereafter known tangible
and intangible (i) rights associated with works of authorship throughout the
universe, including but not limited to copyrights and moral rights (including
any rights of paternity or integrity), (ii) trademark and trade name rights and
similar rights, (iii) trade secret rights, (iv) patents, designs, algorithms and
other industrial property rights, as well as all amendments, modifications, and
improvements thereto, (v) all other intellectual property and industrial
property rights, and (vi) all registrations, initial applications, renewals,
extensions, continuations, divisions, or reissues of hereof now or hereafter in
force (including any rights in any of the foregoing).

"Property Capsule Tools" means any Intellectual Property, tool, utility,
material, confidential knowledge or information (including without limitation
all concepts, ideas, architectures, strategies, methodologies, methods,
know-how, show-how, or trade secrets utilized by Property Capsule in the
performance of its business), artwork, graphics, algorithms, or computer code
(both in object code and source code form), that Property Capsule has (i)
developed or licensed (or hereafter develops or licenses), or (ii) offered as a
subscription based product or service (including the Website). Property Capsule
Tools also includes any improvement, enhancement, modification, customization,
or derivative work of a Property Capsule Tool.

User Content

User may submit information, data, text, photographs, images, graphics, and
other content (including trademarks, logos, and trade names) for it to be used
in conjunction with the Website ("User Content"). User Content (i) is the sole
responsibility of the User and Property Capsule will have no liability in
connection therewith, (ii) posted on the Website by User may be removed by
Property Capsule at any time and for any reason as determined by Property
Capsule in its sole discretion, and (iii) submitted by User to Property Capsule
for posting on the Website, may not be posted or used by Property Capsule for
any reason as determined by Property Capsule in its sole discretion.

Property Capsule acknowledges that User retains all applicable ownership rights
that it may have with respect to User Content. User, however, hereby grants to
Property Capsule and its affiliates a worldwide, royalty-free, transferable,
perpetual, irrevocable, non-exclusive and fully sub-licensable (through multiple
tiers) license ("License") to use, reproduce, adapt, perform, display, publish,
translate, prepare derivative works from, modify, distribute, sell, and take any
other action with the User Content (in whole or part) on a worldwide basis
and/or to incorporate the User Content in other works in any form, media, or
technology now known or later developed. User further acknowledges and agrees
that Property Capsule may preserve and/or disclose User Content in its
discretion.

User Information

User authorizes Property Capsule to collect and use identifying information
(both personal and non-personal) about User and its use of the Website for any
purpose Property Capsule desires. Such information may be used to improve the
Website, provide technical support and communications about the Website, and/or
determine whether User has violated these Terms. Property Capsule reserves the
right to use and disclose any information about User in connection with (i) the
protection of the Website, including any Property Capsule Tool or Intellectual
Property, (ii) the protection of Property Capsule from liability, or (iii) any
merger, liquidation, or acquisition of Property Capsule, any Property Capsule
Tool or Intellectual Property, or the Website or its underlying technology.

Representations and Warranties of User

User represents and warrants to Property Capsule that:

1. User has all legal right, power, and authority to assent to these Terms and
access and use the Website, and that such use does not and will not violate any
other agreement, law, regulation, or judgment to which User is or will be bound;

2. If User is a natural person, that User is over the age of 18;

3. User's registration and billing information provided to Property Capsule is
accurate and current;

4. User has sufficient right, title, and interest in and to the User Content to
(i) permit its use with the Website, and (ii) grant the License to Property
Capsule, in accordance with these Terms and without violating any other
agreement, law, regulation, or judgment to which the User or the User Content is
or will be bound;

5. There are no claims, suits, settlements, or judgments relating to any User
Content;

6. Property Capsule's and/or its affiliate's use or grant to third parties of
the rights granted by the License does not and will not violate any right or
interest of any third party.

Links; Framing

User may provide hyperlinks to and/or framing of the Website for use consistent
with the Permitted Uses (as described above). All other hyperlinks to and/or
framing of the Website are prohibited. Notwithstanding any of the foregoing,
Property Capsule reserves the right to require User to immediately remove any
hyperlink or framing of the Website upon request, and for any reason whatsoever.

User understands that the Website may include hyperlinks or framing to other
websites owned and operated by third parties, and it is User's responsibility to
read and comply with the terms of any such websites. Under no circumstances will
Property Capsule have liability in connection with any websites that link to, or
are linked from the Website.

No Warranties

THE WEBSITE AND ALL COMPONENTS THEREOF ARE PROVIDED "AS IS" AND WITHOUT
WARRANTY. PROPERTY CAPSULE DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS,
WARRANTIES, OR GUARANTEES OF ANY KIND RELATING TO THE WEBSITE, WHETHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, THOSE RELATING TO
MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, WORKMAN LIKE EFFORT,
NON-INFRINGEMENT, SYSTEM INTEGRATION, QUIET ENJOYMENT, NO ENCUMBRANCES OR LIENS,
AND THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF
TRADE.

PROPERTY CAPSULE DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS, WARRANTIES, OR
GUARANTEES RELATING TO THE QUALITY OR ACCURACY OF THE WEBSITE, OR THAT ACCESS TO
OR USE OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.
USE OF THE WEBSITE IS AT USER'S OWN RISK AND USER WAIVES ALL CLAIMS AND CAUSES
OF ACTIONS FOR DAMAGE TO USER'S COMPUTER SYSTEM OR OTHER SOFTWARE RESULTING FROM
USER'S ACCESS TO OR USE OF THE WEBSITE.

Third Party Disclaimer/Terms of Use

User understands and acknowledges that the Website uses integrated components
from third party websites, including, without limitation, www.google.com,
www.bing.com, and www.urbanmapping.com. It is User's responsibility to read and
comply with the terms of all third party websites.

ALL CONTENT, INCLUDING, WITHOUT LIMITATION, MAPS, DRIVING DIRECTIONS, AND SEARCH
RESULT INFORMATION, PROVIDED BY THIRD PARTIES IS INFORMATIONAL ONLY AND NO
PROMISES, REPRESENTATIONS, WARRANTIES, OR GUARANTEES ARE MADE WITH RESPECT TO
THEIR USABILITY OR ACCURACY. USER ASSUMES ALL RISKS OF USE AND AGREES TO BE
BOUND BY THE TERMS AND POLICIES OF SUCH THIRD PARTY WEBSITES, AND UNDER NO
CIRCUMSTANCES WILL PROPERTY CAPSULE BE RESPONSIBLE OR LIABLE IN CONNECTION WITH
THE USE OR CONTENT PROVIDED BY THIRD PARTY WEBSITES.

Termination

User acknowledges and agrees that Property Capsule may limit, terminate, or
suspend User's access to the Website at any time and for any reason, and without
notice or cause. Termination may be effected by Property Capsule for reasons
including, but not limited to, noncompliance with these Terms, nonpayment of
subscription or other fees owed to Property Capsule by User, or the
discontinuance of the Website. In such event, User will cease accessing or using
any portion of the Website and any information or other content derived
therefrom (excluding User Content).

User may terminate its subscription at any time by clicking on the cancellation
link located on User's account page (if provided), or providing written notice.
User will be responsible for the full subscription fee during the commitment
period in which User cancels its subscription. All content in User's account may
be immediately deleted from the Website and cannot be recovered by User after
cancellation. Termination will have no effect on any of Property Capsule's
rights to User Content granted under these Terms and all other content in User's
account will be forfeited and relinquished to Property Capsule, and will become
the sole and exclusive property of Property Capsule.

Limitation of Liability

USER AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROPERTY CAPSULE AND
ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND OTHER AGENTS WILL
NOT BE LIABLE FOR ANY LOSS, COSTS, OR DAMAGES, WHETHER DIRECT, INDIRECT,
EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL (INCLUDING WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION
OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS,
INACCURACIES, ERRORS OR OMISSIONS, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY
USER OR ANY THIRD PARTY ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS
OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER
CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED
THROUGH THE WEBSITE, OR USER'S FAILURE TO KEEP USER'S LOGIN AND/OR PASSWORD
SECURE AND CONFIDENT) IN ANY WAY RELATING TO OR ARISING OUT OF THE ACCESSING OR
USE OF THE WEBSITE.

USER AGREES THAT ITS EXCLUSIVE REMEDY IS A REFUND OF THE SUBSCRIPTION FEES IT
HAS PAID TO PROPERTY CAPSULE FOR ACCESS AND USE OF THE WEBSITE, AND UNDER NO
CIRCUMSTANCES WILL PROPERTY CAPSULE'S AGGREGATE LIABILITY TO USER EXCEED SUCH
FEES. ANY ACTION RELATING TO OR ARISING OUT OF THE ACCESSING OR USE OF THE
WEBSITE NOT BROUGHT WITHIN ONE (1) YEAR OF THE ACCRUAL OF SUCH ACTION IS
TIME-BARRED.

CALIFORNIA RESIDENTS WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION
1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT
WITH THE DEBTOR."

User Liability

Property Capsule will have all remedies available at law or in equity against
User for User's violation of these Terms. Additionally, User agrees to be
responsible for any and all damages, costs, and expenses (including reasonable
attorneys' fees, whether at trial or on appeal) for the costs of enforcing these
Terms or otherwise arising from or related to User's violation of these Terms
(including collecting any amount owing to Property Capsule).

Indemnity

User agrees to indemnify, defend, and hold Property Capsule and its officers,
directors, shareholders, members, managers, employees, contractors, affiliates,
and other agents harmless from and against any third party action, suit, claim
or demand and any associated losses, expenses, damages, costs and other
liabilities (including reasonable attorneys' fees at trial and on appeal),
arising out of or relating to User Content, use or misuse of any portion of the
Website, or User's violation of these Terms. User will cooperate as fully as
reasonably required in the defense of any such claim or demand. Property Capsule
and any third party involved in creating, producing, or delivering the Website
reserves the right to assume the exclusive defense and control of any matter
otherwise subject to indemnification by User, at User's expense, and User will
not in any event settle any such matter without the written consent of Property
Capsule and any such third party.

Trademarks

The Website employs or will employ various trademarks and service marks of
Property Capsule and other third parties. All of these trademarks and service
marks are the property of their respective owners. You agree not to use or
display them in any manner without the prior written permission of the
applicable trademark and/or service mark owner.

NOTICE -- U.S. Government Rights/Commercial Technical Data and Software
Unpublished, Rights Reserved Under the Copyright Laws of the United States

The Website contains commercial technical data and computer software that have
been privately developed and are normally vended commercially under a license or
lease agreement restricting their use, disclosure and reproduction. In
accordance with FAR 12.211, 12.212, 27.405(b)(2) and 52.227-19 and DFARS
227.7202, 227.7102 and 252.227-7015, as well as other applicable supplemental
agency regulations, use, reproduction, disclosure and dissemination of this
commercial technical data and computer software are governed strictly in
accordance with Property Capsule's license agreements, including these Terms.

Export Restrictions

The Website is controlled and operated by Property Capsule from its offices
within the United States. Property Capsule makes no representation that any
portion of the Website or other material accessed through the Website is
appropriate or available for use in other locations, and access to them from
other countries where their contents are illegal is prohibited. Those who choose
to access the Website from other locations do so on their own volition and are
responsible for compliance with applicable local laws. You may not export or
re-export any portion of the Website except in full compliance with all United
States laws and regulations, and these Terms. In particular, no portion of the
Website may be exported or re-exported into (or to a national or resident of)
any country to which the United States embargoes goods, or to anyone on the U.S.
Treasury Department's list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Denial Orders.

General

These Terms and the agreement made between Property Capsule and User will be
governed, construed, and enforced in accordance with the laws of the State of
California without giving effect to principles of conflict of laws. User agrees
to submit to the exclusive jurisdiction and venue of the courts of the State of
California. The Website may not be accessed or used in any jurisdiction that
does not give effect to all provisions of these Terms.

If any provision of these Terms is held to be invalid or unenforceable for any
reason, the remaining provisions will continue in full force without being
impaired or invalidated in any way. User and Property Capsule agree to replace
any invalid provision with a valid provision that most closely approximates the
intent and economic effect of the invalid provision.

The waiver by Property Capsule of a breach of any provision of these Terms will
not operate or be interpreted as a waiver of any other or subsequent breach.

User acknowledges that no joint venture, partnership, employment, or agency
relationship exists between User and Property Capsule as a result of these Terms
or use of the Website. User agrees not to hold himself/herself or itself out as
a representative, agent, or employee of Property Capsule, and Property Capsule
will not be liable for any representation, act, or omission of User.

User grants Property Capsule permission to send email to User and associates for
all purposes as needed by Property Capsule; including, but limited to, system
notifications, release notes, new product updatess, announcements and
event-based communication.

All notices to Property Capsule will be made at the following address:

Property Capsule Inc. 2 Embarcadero Center, 8th Floor, San Francisco, CA 94111
USA

Claims regarding copyright infringement

Notice of Copyright Infringement:

Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), Property
Capsule has implemented procedures for receiving written notification of claimed
infringements. Property Capsule has also designated an agent to receive notices
of claimed copyright infringement. If you believe in good faith that your
copyright has been infringed, please provide a written communication to Property
Capsule’s registered DMCA agent the information specified below:

1. An electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest;

2. A description of the copyrighted work that you claim has been infringed;

3. A description specifying the location on our website of the material that you
claim is infringing;

4. Your email address and your mailing address and/or telephone number;

5. A statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law; and

6. A statement by you, made under penalty of perjury, that the information in
your notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner’s behalf.

Please submit your notice to Property Capsule’ Copyright Agent as follows:

By mail at: Property Capsule Inc. Attn: Copyright Agent 2 Embarcadero Center,
8th Floor San Francisco, CA 94111 USA

By email at: copyright@propertycapsule.com

The name of the requesting copyright owner may be published on Property Capsule
in place of the turned off content. The name will become part of the public
record of your request, along with your description of the work(s) allegedly
infringed. All other information, including your full legal name and email, are
part of the full takedown notice, and we may forward any notice(s) of alleged
infringement to the person(s) who provided the allegedly infringing content.

Modifications to the Website; Changes to these Terms

Property Capsule is continuously updating and changing the Website, and reserves
the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Website (or any part thereof) with or without
notice. You agree that Property Capsule will not be liable to you or to any
third party for any modification, suspension or discontinuance of the Website
(or any part thereof). Additionally, Property Capsule reserves the right, in its
sole discretion, to change these Terms at any time by posting a revised version
of these Terms on the Website. It is User's responsibility to check periodically
for any changes to the Website and these Terms. User's continued use of the
Website following the posting of changes to these terms or other policies means
you accept the changes.

// 2019 08 01


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