Last Updated: April 24, 2020
We are Go Realty, LLC dba Birgo Realty ("Birgo", “we”, or “us”), located at 848 W. North Avenue, Pittsburgh, PA 15233, United States. Thank you for visiting our website!
By visiting our Website you agree that you have read and are bound by these Terms of Service. If you do not agree to these Terms of Service in their entirety, your sole option is to not use our Website.
1. What is our Website. Our website and mobile application make general information about our company available to you. Our Website is for informational purposes only. You may login to an online portal (the “Portal”) available to you because Birgo has subscribed to AppFolio Property Manager. The Portal may allow you to pay rent or dues, submit and monitor maintenance requests, view certain documents made available by Birgo, submit proof of or purchase renters insurance, stay connected with your community, and more.
When using the Portal, you agree to be bound by the Appfolio Terms of Service: https://www.appfolio.com/terms/homeowner_tenant_portal
2. Using our Website. You must be eighteen years of age or older to use our Website. You agree that you will not misuse our Website. Misuse can take many forms, including using our Website in a manner that violates applicable federal, state or local laws.
We may suspend or terminate your access to our Website if we suspect you have engaged in any misconduct or if you violate these Terms of Service, in each case as determined in our sole discretion.
3. Third Party Services. Our website may contain links to other sites, services, and products provided by third parties, which may include our affiliates or subsidiaries. Such links are provided for your convenience only. We have no control over such sites, services, and products 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 or services found within our website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or services.
Specifically, the Portal is run through a Property Managment Application managed by Appfolio, Inc. By accessing your Portal you are agreeing to the Appfolio Terms of Service: https://www.appfolio.com/terms/homeowner_tenant_portal
5. Intellectual Property Rights. Our Website is our intellectual property. Using our Website does not give you any ownership rights therein or to any branding or trademarks that appear on our Website, which you may not use. You may not obscure, remove, or alter any part of our Website, including any legal notices.
Our Website may contain some content and data that is not ours. For example, our Website may contain content and data of third party partners that assist us in providing the services found on our Website. Such content is the sole responsibility of the person that owns such content or data. You shall acquire no ownership rights in or to such content and data.
6. As-Is; Disclaimer of Warranties. We take pride in our Website and have developed it thoughtfully and, in our opinion, with reasonable skill; however, we make no commitments with respect to your use of our Website. More specifically:
YOUR USE OF OUR WEBSITE IS AT YOUR OWN RISK AND IT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER US NOR ANY PERSON ASSOCIATED WITH US MAKES ANY COMMITMENT OR PROMISE WITH RESPECT TO THE SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF OUR WEBSITE, OR THAT YOUR USE OF OUR WEBSITE WILL NOT RESULT IN EXPOSURE TO VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL OTHERWISE MEET YOUR NEEDS.
EXCEPT FOR ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO OUR WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
7. Limitation on Liability. EXCEPT IN CONNECTION WITH YOUR INDEMNIFICATION OBLIGATIONS HEREUNDER, EACH OF OUR LIABILITY UNDER THESE TERMS OF SERVICE WILL BE LIMITED AS FOLLOWS:
TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER PARTY WILL BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES IN CONNECTION WITH YOUR USE OF OUR WEBSITE. IN ALL CASES NEITHER PARTY WILL BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
TO THE EXTENT PERMITTED BY LAW, EACH PARTY’S TOTAL LIABILITY TO THE OTHER FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR USE OF OUR WEBSITE, INCLUDING FOR ANY IMPLIED WARRANTIES (WHICH CAN NOT BE LIMITED OR EXCLUDED), IS LIMITED TO THE LESSER OF (1) ALL FEES RECEIVED BY US IN CONNECTION WITH PAYMENTS MADE BY YOU TO US; OR (2) $5,000.
8. Indemnification. You agree to defend, indemnify and hold harmless us and our affiliates, licensors, and third party partners, and our 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 our Website.
You will not be responsible for indemnifying us or holding us harmless from any claims, liabilities, damages, costs or expenses caused solely by or solely arising out of the gross negligence or intentional misconduct Birgo, its agents, officers, employees or affiliates.
9. Arbitration Agreement. In the unlikely event there is a dispute between you and us related to our Website or these Terms of Service, this Section provides for how that dispute will be resolved.
PLEASE READ THIS SECTION CAREFULLY. IT PROVIDES THAT ANY DISPUTE RELATING TO OUR WEBSITE OR THESE TERMS OF SERVICE SHALL BE RESOLVED BY BINDING ARBITRATION. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE DISPUTES IN COURT, OR TO HAVE A JURY TRIAL ON THE DISPUTES.
ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. THIS MEANS THAT ALL PARTIES TO THE ARBITRATION ARE PROHIBITED FROM JOINING OR CONSOLIDATING DISPUTES IN ARBITRATION BY OR AGAINST OTHERS AND ARE PROHIBITED FROM ARBITRATING ANY DISPUTES AS A REPRESENTATIVE OR MEMBER OF A CLASS. PRE-HEARING DISCOVERY RIGHTS AND POST-HEARING APPEAL RIGHTS WILL BE LIMITED.
Any dispute, claim or controversy (each a “Dispute”) arising out of or relating to our Website or these Terms of Service and involving you and us will be resolved exclusively by binding arbitration. You acknowledge and agree that you (and us too) are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. However, you (and us too) retain the right to injunctive relief in a court of competent jurisdiction.
If you intend to seek arbitration, you must send us a written notice (“Notice of Dispute”) via courier or certified or registered mail. The Notice of Dispute must be sent to: Birgo Realty, Attn: Legal Department, 848 W. North Avenue, Pittsburgh, PA 15233. The Notice of Dispute shall describe the nature and basis of the dispute and the specific relief sought. If the parties cannot reach an agreement to resolve the dispute within thirty (30) days after the Notice of Dispute is received, either party may commence arbitration.
The arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures then in effect, except as modified by the terms of this arbitration provision. The arbitration will take place before one arbitrator, who shall be mutually selected by the parties. If the parties cannot agree on an arbitrator, the arbitrator will be appointed according to JAMS procedures.
Each party will be responsible for its own attorney fees and costs, unless awarded by the arbitrator under applicable law. The party that initiates the arbitration will pay the filing fee (unless otherwise dictated by JAMS due to a finding of hardship). We will advance all other administration, case management, and arbitrator fees associated with the arbitration, through payment directly to JAMS. At the end of the arbitration, the fees paid by us may be allocated between you and us at the direction of the arbitrator in compliance with JAMS procedures.
All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Any decision of the arbitrator shall be final. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude you or us from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Your and our liability is limited as described in these Terms of Service, to the fullest extent permitted by applicable law. The arbitrator cannot award punitive or exemplary damages (except as may be required by statute), any pre-award interest, or incidental, indirect or consequential damages, including damages for lost profits, or harm suffered by third parties.
If any clause within this arbitration provision is found to be illegal or unenforceable, that clause will be severed from this arbitration provision, and the remaining terms will be given full force and effect.
10. Governing Law; Jurisdiction. All claims arising out of or relating to our Website or these Terms or the Services will be arbitrated in Allegheny County, Pennsylvania, USA (or if injunctive relief is sought or entry of any judgment relating to an arbitration award, the state courts in Pittsburgh, Pennsylvania or federal courts located in the Western District of Pennsylvania). You consent to such personal jurisdiction, and we do too.
11. Provisions About These Terms of Service. We may change these Terms of Service from time to time in response to new offerings or changes in the law. When we do make changes, we’ll change the “Last Updated” date above and, if material (as determined in our sole discretion), notify you. Your continued use of our Website after any change(s) to these Terms of Service constitute your consent to be bound by such change(s), so please check back here regularly.
If you do not comply with these Terms of Service and we do not take action right away, it shall not be deemed a continuing or further waiver of your failure to comply. Likewise, our failure to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If it turns out that a particular provision or part of these Terms of Service is not enforceable, it will not affect any other terms.
These Terms of Service control the relationship between us and you. They do not create any third party beneficiary rights.
12. Intellectual Property Attribution. Appfolio, Appfolio Property Manager, and the Appfolio logo are the intellectual property of Appfolio, Inc.
13. Copyright Infringement Claims and the DMCA. We respect the intellectual property rights of others, and ask that everyone utilizing our Website to do the same. If you believe that your work has been reproduced within our Website, or any other Birgo product or service, in a way that constitutes copyright infringement, you may notify our Copyright Agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information: (i) identification of the copyrighted work that you claim has been infringed; (ii) identification of the material that you claim is infringing and needs to be removed from our Website, including a description of where it is located on our Website so that the Copyright Agent can locate it; (iii) your address, telephone number and, if available, email address, so that the Copyright Agent may contact you about your complaint; and (iv) A signed statement (a) that the foregoing information is accurate, (b) that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent and/or the law, and (c) under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Notices of copyright infringement and the foregoing information should be sent to firstname.lastname@example.org, or, if by mail, to Birgo Realty, Attn: Legal Department, 848 W. North Avenue, Pittsburgh, PA 15233.