These terms and conditions apply to, supplement, and are part of your Contract with Trevor Park.

GENERAL TERMS AND CONDITIONS
1.Grant of License.
Subject to all terms and conditions of the Contract, Trevor Park grants You a nonexclusive, nontransferable worldwide license to access and use the Trevor Park products and services You have purchased. All rights not expressly granted to You are reserved by Trevor Park.
2.Restrictions on Use.
Your right to use Trevor Park products and services offered under the Contract is at all times conditioned on prompt and timely payment of Fees and on compliance with all other provisions of the Contract. You may use Trevor Park products and services on an unlimited number of devices, provided such use is only for Your internal business purposes. Your use of Trevor Park products and services may not be for any purpose that is illegal or promotes illegal activities, to send unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or pyramid schemes, or in a manner that might be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or is otherwise indecent. You agree not to (a) license, sublicense, sell, lease, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the software, products or services provided hereunder; (b) modify or make derivative works based upon Trevor Park software; (c) attempt, or assist a third party, to decompile, disassemble or reverse engineer Trevor Park software, or otherwise attempt to determine the logic structure, architecture or other internal system design for Trevor Park software; or (d) build a product using similar ideas, features, functions or graphics of Trevor Park software, or copy any ideas, features, functions or graphics of Trevor Park software.

FEES
1.Application to Master Pricing Contracts.
If You utilize a Master Pricing Contract for multiple properties and You add an additional property during the year that uses the same pricing, the additional property shall be subject to any annual or other pricing adjustments that apply to the Master Pricing Contract notwithstanding any other provisions of this Contract that provide for fixed prices during the initial term.
2.Sales Tax Policy.
Trevor Park is required to collect sales tax on purchases shipped to any state in which we have business operations. For orders shipped to such states, tax is calculated based on the printing and finishing product subtotal.
3.Lien.
All materials or property belonging to You, as well as work performed, may be retained as security until all just claims against You are satisfied.
4.Miscellaneous.
All amounts shown are in U.S. Dollars. No refunds shall be made unless expressly authorized in writing by Trevor Park. Approved payment methods include ACH, credit card or check. If paying by credit card or ACH, You authorize Trevor Park to make direct withdrawals from Your designated credit or bank account to pay any costs or charges assessed or incurred by Trevor Park under this Contract. You must keep all information in Your billing account current. In the event of a suspension of services Trevor Park reserves the right to impose a reinstatement fee. Trevor Park reserves the right to switch the method of payment to automatic charges to a credit card or bank account that You authorize or to another approved payment method with thirty (30) days’ notice to You. Trevor Park also reserves the right to amend these terms at any time and such amendments will be effective thirty (30) days following notice to You, provided that any increase in fees shall not apply during the current term of any subscription under this Contract but will apply to renewals, whether automatic or otherwise.

OWNERSHIP OF CONTENT
1.Trevor Park Content.
Trevor Park alone (and its licensors, where applicable) shall own all right, title and interest in the intellectual property rights, including in Trevor Park software (including, without limitation, the underlying code), all documentation, materials and information furnished by Trevor Park, and all graphical, printed or electronic content furnished or provided through any website Trevor Park creates (“Site”), including all subsequent modifications, changes, corrections or enhancements thereto, whether or not such modifications were made or authorized by Trevor Park. The Contract is not a sale and does not convey to You any rights of ownership in or related to the Trevor Park software, products or services except as specifically provided. “TrevorPark.com”, “MarketingMultifamily.com”, and any and all other marks appearing on this Site are trademarks of Trevor Park in the United States and other jurisdictions (“Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify Trevor Park software, Site content or Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without Trevor Park prior written consent. The use of Trademarks on any other Web site or network computer environment is prohibited. Trevor Park prohibits the use of Trademarks as a “hot” link on, or to, any other Web site unless establishment of such a link is pre-approved by Trevor Park in writing. If You are purchasing website development services from Trevor Park, additional provisions concerning ownership of content are set forth in the Section entitled ADDITIONAL TERMS FOR WEBSITE

CONTENT DEVELOPMENT
2.Your Content.
You shall remain the owner of all information, documents, data and materials that You either create, originate or legally furnish or use from a third party source (including, without limitation, social media) in connection with Your use of the Site (“Your Content”). Trevor Park does not acquire ownership of Your Content, provided, however, that You authorize Trevor Park to host, copy, reproduce, transmit, display, modify and adapt Your Content, solely as necessary for Trevor Park to: (1) furnish the services set forth in the Contract or as necessary in connection with Trevor Park monitoring of Your account for quality control, error correction and compliance with Trevor Park legal obligations; and (2) investigate any existing or suspected breach of the Contract, or if deemed necessary to protect Trevor Park obligations to other subscribers. Trevor Park will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of or failure to store or encrypt any of Your Content.
3.Your Obligations Regarding Your Content.
You are solely responsible for the nature, quality and accuracy of Your Content. Trevor Park will provide functions that allow You to control who may access Your Content. You represent and warrant that You have all rights necessary to use Your Content and to grant rights to the storage, transmission or use of the Software as contemplated in the Contract. You agree to promptly handle and resolve any notices and claims relating to Your Content, including any notices sent to You by any person claiming that any of Your Content violates any person’s rights, such as take-down notices pursuant to the Digital Millennium Copyright Act and any other notices, and to maintain appropriate security, protection and backup copies of Your Content, which may include Your use of additional encryption technology to protect Your Content from unauthorized access. You must immediately notify Trevor Park in writing of any unauthorized use of any existing or suspected unauthorized use of or access to Your Content and will take all steps necessary to terminate such unauthorized use.
4.Trevor Park Rights of Use and Retention Policy.
If printing or other implementation is done through Your vendors, You agree to provide Trevor Park with printed samples of each such project. Trevor Park reserves the right to photograph and/or distribute or publish for Trevor Park promotional and marketing needs any work Trevor Park creates for You, including but not limited to mockups and comprehensive presentations, as samples for Trevor Park portfolio, company newsletter, brochures, and similar media. Trevor Park agrees to store electronic files for a period of six months beyond the delivery of a job. Thereupon, Trevor Park reserves the right to discard them.
5.Joint Marketing.
You agree that Trevor Park may use your name and logo in a customer list on its website or in its marketing materials. You may advise Trevor Park at any time with thirty (30) days’ notice to cease using Your name, logo, and any other information that clearly identifies You in Trevor Park’s marketing.

CONFIDENTIAL INFORMATION
1.Confidential Information Defined.
As used herein, “Confidential Information” shall mean any technical or business information furnished, in whatever form or medium, disclosed or made accessible by one party to the other (including, but not limited to, product/service specifications, prototypes, computer programs, models, drawings, marketing plans, financial data, personnel statistics), which, if disclosed in writing or otherwise, is marked as confidential or proprietary, which, if disclosed in writing, orally, or otherwise, is information that the disclosing party clearly indicates to the receiving party at the time of disclosure is of a confidential or proprietary nature, or any other information which, if disclosed in writing, orally, or otherwise, is received or obtained under conditions such that the receiving party reasonably should understand that such information is considered confidential by the disclosing party.
2.Restrictions on Use of Confidential Information.
Each party agrees to hold Confidential Information of the other party in strictest confidence and shall use the same solely for the purposes of the Contract unless otherwise authorized in writing by the disclosing party. The receiving party shall not copy such Confidential Information without express written permission, or disclose such Confidential Information to anyone except employees, consultants, and subcontractors of the receiving party to whom disclosure is necessary for the purposes set forth in the Contract. The receiving party shall appropriately notify each such employee that the disclosure is made in confidence and must be kept in confidence in accordance with the Contract. The obligations set forth herein shall be satisfied by each party through the exercise of at least the same degree of care used to restrict disclosure and use of its own information of like importance.
3.Return of Confidential Information.
All copies of such Confidential Information fixed or stored in written, graphic, electronic, optical, magnetic or other tangible form shall be returned to the disclosing party upon expiration, termination or cancellation of the Contract or upon the disclosing party’s request, unless otherwise agreed.
4.Exceptions.
The obligations imposed in this Section relating to CONFIDENTIAL INFORMATION shall not apply to any information that: (a) is already in the possession of or is independently developed by the receiving party without violation of any obligation of nondisclosure; (b) is or becomes publicly available without violation of any obligation of nondisclosure; (c) is obtained by the receiving party from a third person without violation of any obligation of nondisclosure; or (d) is clearly stated to be without restriction by the disclosing party.

PRIVACY
In order to operate and provide the software to You, We collect certain information about You. We also may automatically upload information about Your computer or device, Your use of the software, and software performance. We use and protect that information as described in the Trevor Park Privacy Policy. You further acknowledge and agree that:
1. You have read, understood and agree to the Trevor Park Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to You;
2. We may access or disclose information about You, including the content of Your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Trevor Park or Trevor Park customers, including the enforcement of Trevor Park agreements or policies governing Your use of the service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Trevor Park employees, customers, or the public; and
3. You will maintain Your own Privacy Policy and that Privacy Policy will disclose the use of cookies, Google Analytics, and any other information gathering resource that either You use or Trevor Park uses. DATA SECURITY
We utilize security procedures to protect the information You share with Us. While we make reasonable efforts to protect this information, We cannot and do not warrant or guarantee the absolute safety and security of this information.
**GENERAL LIMITATION OF LIABILITY**TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Trevor Park, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AFFILIATES (COLLECTIVELY, THE “COVERED PARTIES”) BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF ANY Trevor Park PRODUCTS OR SERVICES OR WITH ANY DELAY OR INABILITY TO USE THESE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THESE PRODUCTS OR SERVICES, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If, notwithstanding the above, Trevor Park is found liable to You for any loss or damage relating to Your use of any Trevor Park products or services, You agree that such liability shall in no event exceed the fee or charge to You assessed by Trevor Park for the product or service in question.

WARRANTY AND INDEMNIFICATION
1.Trevor Park Warranty.
Trevor Park warrants and represents that it owns or has acquired the necessary rights to operate the Site, display the Site content and grant the licenses to You set forth herein. Trevor Park will at all times reasonably attempt to achieve the highest possible availability of the Site, but no warranty is made with regard to specific availability or time of access. Trevor Park makes no warranty with respect to recovering or restoring any of Your Content that is lost, and You acknowledge having been advised to secure separate backup services for all of Your Content. Your use of the Site and the Trevor Park software is at Your sole risk and You acknowledge that the Site and software and associated documentation may contain defects, fail to comply with applicable specifications, any may produce unintended or erroneous results either alone or when operated in combination with other products or programs. You accept the software and the Site, and all products and services of Trevor Park “as is” without any other warranty whatsoever. Trevor Park may at various times provide You with links to websites operated by third parties, and You acknowledge that Trevor Park makes no warranty or representation as to the content, goods or services, or their accuracy or effectiveness, provided on such third party websites.
2.Trevor Park Indemnification of You
Trevor Park shall indemnify and defend You, Your officers, directors, affiliates, agents and employees from any and all third party claims, demands, litigation, expenses and liabilities (including costs and reasonable attorneys’ fees) arising from or incident to any claims that the Trevor Park software or Site content, or any content specifically developed for use on Your website, infringes any trade secrets, trademark, copyright or patent rights of any third party. This shall not apply to the extent that any such claim is the result of Your misuse of the Trevor Park software or Site content or relates to any content specifically designed for You according to Your specifications, or to a combination of such elements with components, content or software not furnished by Trevor Park, use of a superseded version of the Trevor Park software or Site content or unauthorized modification of such elements. You agree to cooperate with the defense of any such claims, at Trevor Park expense. Trevor Park may, at its sole option, and in addition to any other rights, respond to such claims by modifying the Trevor Park software or Site content or Your website content so as to remove the infringing component, procuring from the claimant the right to continue to use the Trevor Park software or Site content under the Contract, or terminating the Contract.
3.Your Indemnification of Trevor Park
You shall indemnify and defend Trevor Park and its officers, directors, affiliates, agents and employees from any and all claims, demands, litigation, expenses and liabilities (including costs and reasonable attorney’s fees) arising from any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) asserted by a third party regarding Your use of the Trevor Park software or Site content, Your use or disclosure of Your password, Your use, transmission, storage, access to or modification of Your Content, the design of Your website content in accordance with specifications You provided, or any other act or omission in violation of the law or of the terms of the Contract or related contract. MISCELLANEOUS PROVISIONS
1.Independent Contractor.
Each party hereunder is acting as an independent contractor and not as an agent, employee, representative or affiliate of the other. Neither party shall have authority to act for the other’s behalf, to bind or incur any debts or liabilities in the name of or on behalf of other, or to control or answer for the acts of the employees of the other.
2.Authority.
You warrant that, by signing the Contract, You have the full and necessary authority and capacity to bind the party represented by Your signature to each and every obligation set forth in the Contract.
3.Assignment and Delegation.
No rights or interests in the Contract shall be assigned by You without written permission of Trevor Park, and any attempted assignment without written permission of Trevor Park shall be void. Trevor Park shall be free to assign the Contract, and all rights and interests thereunder, to an acquirer of all or substantially all of Trevor Park’s business or assets, without Your permission. The Contract and these Terms shall be binding on both parties successors and permitted assigns.
4.Use of Third Parties and Cloud Services.
Trevor Park may employ or subcontract with any third party in connection with the performance of the services under the Contract, including the use of Cloud-based data storage services.
5.Force Majeure.
Neither party shall be liable for failure to perform solely caused by unforeseeable circumstances beyond their control. Without limiting the generality of the foregoing, such causes shall include acts of God or the public enemy, fires, floods, storms, tornadoes, earthquakes, riots, strikes, blackouts, wars or war operations, restraints of government, or other causes which could not with reasonable diligence be controlled or prevented by the parties.
6.Waivers; Remedies.
The delay or failure of either party to exercise any right shall not be construed to be a waiver unless agreed upon in writing. An agreed waiver of non-performance by either party shall not be construed to be a waiver of any subsequent non-performance. Remedies under the Contract are cumulative and in addition to and not in lieu of other remedies available to a party, either at law, in equity, or otherwise.
7.Notices and Consent to Electronic Communications.
All notices permitted or required under the Contract shall be in writing and shall be directed to the email addresses furnished by You. By registering as a Trevor Park subscriber, You understand and acknowledge that We may send You communications or data regarding the Trevor Park software or services or the Contract via email using the address information that You provide. You consent to this and to receiving billings and other notices from Trevor Park via email. You acknowledge that failure to maintain current contact information with Trevor Park means that You may not receive proper, current or accurate notices and that You are solely responsible for such occurrences.
8.Modification.
Trevor Park reserves the right to modify or replace the terms, conditions, and policies of or referenced in the Contract at any time in Trevor Park sole discretion. Any modifications to the Contract will be effective upon the date We provide You with notice of such modifications.
9.Review by Attorneys.
You agree that You have had an opportunity to consult with Your own legal counsel regarding Your contracts with Trevor Park, the Contract, and all related documents and agreements, and You represent that You fully and completely understand and accept all terms and conditions set forth these documents and agreements and intend to be fully bound by the same.
10.Entire Agreement.
The Contract contains the entire agreement between the parties hereto with respect to the matters covered herein and supersedes all prior or contemporaneous agreements, understandings and representations, both oral and written.
11.Severability.
If any clause or provision of Your contracts with Trevor Park, the Contract, or any related document and agreement is held invalid, illegal or unenforceable under present or future laws, such determination will not affect the remaining portions of the Contract, and the parties agree that the affected provisions shall be amended to the extent necessary to render them enforceable so as to carry out the intent of the Contract. In the event an arbitrator or court enters an award, judgment, or order declaring that any material provision of the Contract is invalid or unenforceable, the remainder of the Contract shall continue in full force and effect.
12.Injunctive Relief.
You agree that any breach of the Contract by You would cause Trevor Park to suffer severe, irreparable and incalculable injury, not compensable through monetary damages, and that in the event of any such existing or threatened breach, Trevor Park shall be entitled, in addition to any other remedies, to injunctive or other equitable relief without the necessity of posting an undertaking, which requirement is hereby expressly waived.
13.Arbitration.
You hereby agree that Trevor Park may elect at any time and at its sole discretion to arbitrate or to litigate all claims and disputes of every type and manner which may rise or are in any way related to the Contract, including but not limited to claims in contract, tort, common law claims, or alleged statutory violations. You hereby agree to submit any such dispute or claim to binding arbitration pursuant to the rules of the American Arbitration Association if so elected by Trevor Park. You agree to dismiss or abate any proceeding pending in a forum other than that selected by Trevor Park.
14.Governing Law, Venue, Costs and Fees.
The validity and enforceability of the Contract shall be interpreted in accordance with the laws of the State of Washington, without reference to its conflicts of law rules. Venue for any action commenced to enforce or interpret the Contract shall be exclusively in King County, Washington. In the event of any dispute, claim, or action commenced by either Trevor Park or You against the other, then the arbitrator or court presiding over such dispute, claim, or action shall award costs and attorneys’ fees to the prevailing party.