Terms of Service

APACE LLC

Terms of Service

Apace LLC provides tools and educational information and resources relating to the purchase and sale of real estate.  All information and services should be used for information purposes only.  Apace is not a law firm and does not render legal advice or provide legal services- Apace also is not a real estate brokerage.

1. THESE TERMS

These are the terms and conditions (the “Terms”) that control the use of our site www.apaceforms.com (the “Site”) through which we, among other things, provide proprietary tools and educational materials supported by our marketing and administrative know-how to enable you as a registered user of the Site to create documentation in support of the purchase and sale of real estate.  Please read these terms carefully. These terms tell you who we are, how we will provide products and services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.  You understand that by using our Site, you agree to these terms.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are and what we do

We are Apace LLC, a Massachusetts limited liability company (“Apace”, “our”, “us” or “we”), the operator of www.apaceforms.com (collectively, the “Site”).  Apace provides its clients with access to proprietary tools and educational materials supported by our marketing and administrative know-how which enable you as a registered user of the Site to create documentation in support of the purchase and sale of real estate.  Apace enables its Subscribers including real estate professionals to preset contract workflows using smart templates and tools provided by Apace that calculate and autofill data such as deposit amounts, contingencies, and deadlines.  Subscribers are guided through templates and contracts using questionnaires within the platform and the Apace tool produces templates and contracts ready for review by the real estate professional.  The Apace service reduces the risk of human error and is accessible on all devices.  Everything we offer to you on and through the Site shall be collectively referred to herein as the “Services”.

2.2 How to contact us

You can contact Apace by writing to us at support@apaceforms.com.

2.3 How we may contact you

If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provide to us.

3. OUR CONTRACT WITH YOU

3.1 Access or Use

These Terms govern your use of the Site and the Services, both as a visitor and, when applicable, as a registered client (a “Subscriber”) (each visitor and each registered user is referred to generally for purposes of these Terms as a “Client User” or “you”); the term Client User or the term You includes Subscribers who pay for access to the Services and visitors who browse the publicly available portions of our Site. BY ACCESSING OR USING THE SITE, AND/OR BY REGISTERING AND/OR SUBSCRIBING WITH US, YOU AGREE TO THESE TERMS OF SERVICE. You consent to the information practices disclosed in our Privacy Policy and our Cookies Policy which are incorporated herein by reference, and you consent to resolve any disputes with us in the State of Massachusetts pursuant to the terms set forth herein.

Please note that we offer the Site “AS IS” and without warranties. Apace is not a law firm and does not render legal advice and Apace is not a real estate brokerage.  The Services should not be used in place of professional legal advice.  If you are using the Site on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms on such individual’s or entity’s behalf.

3.2 Content and Services

The Site provides you with access to our information, resources and our Services which include proprietary tools and educational materials supported by our marketing and administrative know-how which enable you as a Subscriber to create documentation in support of the purchase and sale of real estate.  Apace enables its Subscribers including real estate professionals to preset contract workflows using smart templates and tools provided by Apace that calculate and autofill data such as deposit amounts, contingencies, and deadlines. Subscribers are guided through templates and contracts using questionnaires within the platform and the Apace tool produces templates and contracts ready for review by the real estate professional.  The Apace Services reduce the risk of human error and are accessible to Subscribers on all devices. We do not provide legal services and our Company is not a law firm or a real estate brokerage. You authorize the use and disclosure of your personal and legal information pursuant to the terms of our Privacy Policy for purposes of allowing us to provide the Services and as otherwise disclosed in our Privacy Policy available at www.apaceforms.com/privacy-policy. We use a third-party payment processer for all Subscriber fees and we do not have access to your payment information and do not store details of client payments.

3.3 Expectations

You acknowledge and agree that in providing the Services, we (i) do not recommend or endorse document produced through our Services, (ii) do not make any representations or warranties with respect to any document or any of your input, or (iii) do not make any representations or warranties including without limitation any representations or warranties of accuracy or completeness with respect to any content or document we provide to you as part of our Services.

3.4 Your Responsibilities

As a Subscriber or Client User, you are solely responsible for maintaining the security of your communications with us and you agree that we will not be responsible for any liabilities, losses, or damages arising to you as a result of the unauthorized use of your computer (or any computing device).

3.5 Your Use and Restrictions

You are responsible for all use of the Services and the Site for all use of your credentials, if any, including use by others to whom you give your credentials. You may use the Site and the Services for lawful purposes only. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to use your credentials to): copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials and/or the Services; remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or the Services or in or on any content or other material obtained via the Site and/or the Services; use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or the Services; reformat or frame any portion of the web pages that are part of the Site and/or the Services; create user accounts by automated means or under false or fraudulent pretenses; collect or store personal data about other users in connection with the prohibited activities described in this paragraph; or use any means, including software means, to conduct web scraping of any portion of the Site, its content or materials and/or the Services.

3.6 Indemnification

You agree that Apace is not responsible for any harm that this Site or the Services may cause and you agree that the Services are not a replacement for professional legal advice. Upon request by us, you agree to indemnify, defend and hold us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, suppliers, vendors, contractors, agents, successors, and assigns harmless from and against any and all liabilities, claims, demands and expenses, including attorney’s fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of these Terms or any intellectual property or other right of any person or entity, by you or any third party connected to you.

3.7 Data

Apace is not responsible for any loss of data resulting from accidental or deliberate deletion, network or system outages, file corruption, or any other reasons. We also reserve the right to deny service to offenders of these guidelines and to terminate or deny service to anyone for any reason or no reason.

3.8 Electronic Notices and Agreements

Your use of this Site and/or registering for the Site or subscribing to the Services constitutes your electronic signature to these Terms, which includes our Privacy and Cookie Policies, and your consent to enter into agreements with us.

3.9 Changes

We may change these Terms at any time, as we reasonably deem appropriate. Upon any change in these Terms, we will post the amended agreement on the Site and the date such amended agreement is effective. Your continued use of the Site and/or the Services following such posting shall constitute your affirmative acknowledgment of the Terms, the modification, and agreement to abide and be bound by the Terms, as amended. If at any time you choose not to accept these Terms, including following any such modifications hereto, then you may not use the Site.

3.10 Copyright and Limited Use

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Apace, its licensors or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms apply to your use of the Site and the Services. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any portion of our Site, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this Site.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Site.

If you wish to make any use of material on the Site other than that set out in this section, please address your request to: support@apaceforms.com

If you provide any other person with access to any part of the Site or to the Services in breach of the Terms, your right to use the Site and the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. All rights to the Site and the Services not expressly granted are reserved by Apace. Any use of the Site or the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

3.11 Trademarks

Apace’s name, logo and all related names, logos, product and service names, designs and slogans are the property of Apace or its affiliates or licensors and any and all intellectual property rights regarding the same belong to Apace. You must not use such marks without the prior written permission of Apace. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

3.12 Disclaimer

If you believe that any material on the Site infringes upon any copyright, which you own or control, please contact Apace at: support@apaceforms.com

3.13 Links from the Site

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

4. OTHER TERMS

4.1 Geographic Restrictions.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site and Services for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER APACE NOR ANY PERSON ASSOCIATED WITH APACE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER APACE NOR ANYONE ASSOCIATED WITH APACE REPRESENTS OR WARRANTS THAT ITS SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVICES OR THE SERVER THAT MAKES THESE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE ITEM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

APACE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

4.2 Limitation on Liability

IN NO EVENT WILL APACE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW

4.3 User Contribution

The Site may contain message boards, chat rooms, chat room community access, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services“) that allow users including Subscribers and Client Users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Site.

All User Contributions must comply with the Content Standards set out in these Terms of Service.

Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your account settings.

You represent and warrant that:

      • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
      • All of your User Contributions do and will comply with these Terms of Service.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Apace, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.  We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.

4.4 Monitoring and Enforcement; Termination

We have the right to:

      • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
      • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for Apace.
      • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
      • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site or the Services.
      • Terminate or suspend your access to all or part of the Site or the Services for any or no reason, including without limitation, any violation of these Terms of Service.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS APACE AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY APACE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER APACE OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

4.5 Content Standards

These content standards (the “Content Standards”) apply to any and all User Contributions and use of Interactive Services and all Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

      • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
      • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
      • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
      • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy apaceforms.com/privacy-policy.
      • Be likely to deceive any person.
      • Promote any illegal activity, or advocate, promote or assist any unlawful act.
      • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
      • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
      • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
      • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

4.6 Copyright Infringement

If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement. It is the policy of Apace to terminate the user accounts of repeat infringers.

4.7 Reliance on Information Posted

You agree to defend, indemnify and hold harmless Apace, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Site or the Services, including, but not limited to, your User Contributions, any use of the Site or the Service other than as expressly authorized in these Terms of Service.

4.8 Arbitration

You and Apace agree that any disputes arising from the use of these Terms of Service or the Site or the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, will be submitted to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Massachusetts law with a venue of Boston, Massachusetts.

4.9 Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

4.10 Waiver and Severability

No waiver of by Apace of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Apace to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

4.11 Entire Agreement

The Terms of Service and the documents referenced herein constitute the sole and entire agreement between you and Apace with respect to the Site and the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site or the Services.

4.12 Comments and Concerns

This Site is operated by Apace.

All notices of copyright infringement claims should be sent to support@apaceforms.com.

All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to: support@apaceforms.com