Accessing the Service

The Service is for your personal use or, if you're representing a business, for that business's use. You must use a registered user account on the Podio platform to access the Service. Keep your password secure. If forgotten, you'll need to contact Podio for recovery. You're responsible for all actions taken under your account, including any unauthorized use.

Communications

By using our website or sending us emails, you're choosing to communicate electronically. You agree to receive emails from us or through The Downtown Memphis Lofts Podio workspaces, and acknowledge that all electronic notices, agreements, and other communications satisfy legal requirements like written communications.

Phone (Voice & Text Messages)

You agree to receive text messages when engaging with our webforms, reaching out to support, placing an order, scheduling a call, etc. You confirm that all electronic communications meet legal standards as if they were in writing.

Data

You acknowledge that The Rembert Group, LLC and third-party partners may store data for operational backup purposes and agree to comply with data privacy laws. You will defend and hold us harmless against liabilities that might arise from your data management.

Information Collected

Our software may collect certain information from your device for performance and configuration metrics. This data collection complies with relevant privacy laws and will not include personally identifiable information unless required by law or necessary for service improvement.

Credit Card Charges and Credit Card Fraud Penalties

User warrants that he or she is over 18 years of age and is of legal age to enter into contractual agreements in the state in which User is present when User makes this purchase, and is the true and authorized owner of the credit card used to make this purchase. User’s violation of any of these requirements may result in civil or criminal prosecution. Any fraudulent usage of User’s own credit card, against The Rembert Group, LLC, DBA The Downtown Memphis Lofts' contact with User's credit card companies in order to ascertain information related to such fraud. User agrees that if he or she uses fraudulent means to receive more than one refund or if causes a fraudulent dispute claim that results in a chargeback against the The Rembert Group, LLC, DBA The Downtown Memphis Lofts account, that the The Rembert Group, LLC, DBA The Downtown Memphis Lofts is authorized to re-charge the User's credit card that was used for the original purchase to the extent that will make the The Rembert Group, LLC, DBA The Downtown Memphis Lofts whole. User may also be liable for additional damages.

Modification of Service or Agreement

There are times when The Rembert Group, LLC, DBA The Downtown Memphis Lofts may modify, suspend or discontinue providing the Service. Unless prohibited by judicial or other similar order, The Rembert Group, LLC, DBA The Downtown Memphis Lofts will not notify you of any modification, suspension, or discontinuance of the Service, either by sending an email to the email address you provide with your registration, notifying you in your Podio workspaces, or by a posting on the TheRembertGroup.com website. The Rembert Group, LLC, DBA The Downtown Memphis Lofts may modify this Agreement and the amendments will be effective upon acceptance of registration for new users and will be effective for you 30 days after we post any amended terms on the TheRembertGroup.com website. If you do not agree to the changes, you will have to terminate your account at that time.

Rights to Software and Service

The The Rembert Group, LLC, DBA The Downtown Memphis Lofts SaaS is owned exclusively by The Rembert Group, LLC, DBA The Downtown Memphis Lofts or is licensed to The Rembert Group, LLC, DBA The Downtown Memphis Lofts by our third party partners. You may not sell or distribute the The Rembert Group, LLC, DBA The Downtown Memphis Lofts SaaS or Service to anyone else. Your registration for the Service grants you a non-exclusive, non-transferable, non-sublicensable license to install and execute one (1) copy of the The Rembert Group, LLC, DBA The Downtown Memphis Lofts's software (in executable code form only), on a single computer and only for the purpose of accessing and using the Service. Except for the limited license granted in this Agreement, all rights in and to the software and Service are expressly reserved, and no implied licenses are granted by The Rembert Group, LLC, DBA The Downtown Memphis Lofts.

Termination of Agreement

You may terminate your Service at any time by extracting your data and contacting The Rembert Group, LLC, DBA The Downtown Memphis Lofts support at Support@therembertgroup.com. Your rights to use the Service shall automatically terminate upon your breach of the terms and conditions of this Agreement. The Rembert Group, LLC, DBA The Downtown Memphis Lofts may refuse, or discontinue participation of, any user at any time at its sole discretion. When the Service is terminated, you will no longer have access to your data; however, if the termination of service is for any reason other than due to your breach, we shall endeavor to make your data available for you to download for a period of thirty (30) days before removing your workspace from the system. Thereafter, The Rembert Group, LLC, DBA The Downtown Memphis Lofts has no obligation to provide you with a copy of your data and may remove and discard any data.

Refunds

All sales are final with a NO REFUND policy.

Limitation of Liability

The software and service and any third-party software and services are provided "as is," with no warranties whatsoever. The Rembert Group, LLC, DBA The Downtown Memphis Lofts and such third parties expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, title, and non-infringement of proprietary rights and any warranties regarding the security, reliability, timeliness, and performance of the software or service and such third-party software or services.

You understand and agree that you download, and/or use the software and service (and all third-party software or services made available in conjunction with or through the software or service) at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download or use of the software or service and such third-party software and services.

Under no circumstances shall The Rembert Group, LLC, DBA The Downtown Memphis Lofts, or its suppliers, The Rembert Group, LLC, DBA The Downtown Memphis Lofts partners or their respective affiliates be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising from or related to the software or service, whether such claim is based on warranty, contract, tort (including negligence) or otherwise (even if The Rembert Group, LLC, DBA The Downtown Memphis Lofts has been advised of the possibility of such damages).

Without limiting the foregoing, the total aggregate liability of The Rembert Group, LLC, DBA The Downtown Memphis Lofts, and its suppliers, The Rembert Group, LLC, DBA The Downtown Memphis Lofts partners and their respective affiliates, arising from or related to this agreement shall not exceed the amount, if any, paid by you to The Rembert Group, LLC, DBA The Downtown Memphis Lofts for the software or services. If the software and services are provided without charge, then The Rembert Group, LLC, DBA The Downtown Memphis Lofts and its suppliers shall have no liability to you whatsoever.

The foregoing limitations of liability shall apply whether the damages arise from use or misuse of, and reliance on, the software or service, from inability to use the software or service, or from the interruption, suspension, or termination of the software or service (including such damages incurred by third parties). Such limitation shall apply, notwithstanding a failure of essential purpose of any limited remedy, to the fullest extent permitted by law.

Some states or other jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential, or direct damages, so the above limitations and exclusions may not apply to you.
 

Assignments

You may not assign or transfer any of your rights or obligations under this Agreement to a third party without the prior written consent of The Rembert Group, LLC, DBA The Downtown Memphis Lofts. Any attempted assignment or transfer in violation of the foregoing will be void from the beginning.

Disputes

This Agreement, and the rights and obligations of the parties hereunder, are to be governed by, construed and interpreted in accordance with the laws of the State of Wisconsin applicable to contracts made and to be performed wholly within Wisconsin, without regard to choice or conflict of laws rules. All disputes shall be adjudicated solely in the courts located in Walworth County, Wisconsin and you agree to the personal and exclusive jurisdiction and venue of these courts. Any judgment shall be given full faith and credit in any other jurisdiction in the world.

Miscellaneous

The failure of The Rembert Group, LLC, DBA The Downtown Memphis Lofts to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If, for any reason, a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect.

Contact

Users with questions about this Agreement may contact The Rembert Group, LLC, DBA The Downtown Memphis Lofts as follows:

The Rembert Group, LLC
245 Madison Ave
Memphis, TN, 38103
Email: support@therembertgroup.com