Terms of Service — Performance Asset Management, LLC (PAM)
By using our websites, resident/investor portals, SMS program(s), or any services we provide (collectively, the “Services”), you agree to these Terms. If you do not agree, do not use the Services.
1. Scope of Services
We provide residential property‑management services including, without limitation, leasing support, application intake, rent collection, maintenance coordination, accounting, investor reporting, and related communications.
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No legal/financial advice. Content on our site is for informational purposes.
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Third‑party tools. We use external systems such as portals, payment processors, and maintenance platforms (e.g., Property Meld). Each is subject to its own terms.
2. Accounts, Portals & Accuracy of Information
You are responsible for maintaining the confidentiality of your login credentials and for ensuring the information you provide is current, complete, and accurate. Notify us immediately of unauthorized use of your account.
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Residents & Investors. Use your assigned portal for secure communications, payments, document access, and maintenance/service requests.
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Vendors. Vendor communications may occur via email, phone, and/or Property Meld per job assignment.
3. Communications & SMS/Text Messaging Program (No Promotions)
Purpose. Our SMS program is used for account and service notifications only (no promotional content). Examples include rent reminders, maintenance scheduling/updates, vendor ETAs, service completion confirmations, office/holiday closures, and lease/renewal notices.
Opt‑in methods. You may opt in by:
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texting a keyword (e.g., JOIN) to our number and replying Y to confirm (double opt‑in), or
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consenting on our forms using an unchecked consent checkbox.
Frequency. As needed based on account activity (typically up to 6 messages/month).
Rates. Message & data rates may apply.
Opt‑out/Help. Text STOP to (414) 943‑1038 to cancel. Text HELP for help or visit https://www.pammke.com/contact or email residents@pammke.com.
Links. Terms: https://www.pammke.com/terms • Privacy: https://www.pammke.com/privacy-policy
Consent not a condition of purchase.
Opt‑out synonyms. We honor STOP, END, CANCEL, UNSUBSCRIBE, QUIT as opt‑out keywords.
Quiet hours. Except for urgent service issues, we send account/service texts between 8:00–20:00 local time as a best‑practice to minimize disturbance.
Statutory notices not by SMS. We do not deliver statutory lease or eviction notices by SMS. Such notices are served only by methods permitted under Wisconsin law (e.g., Wis. Stat. § 704.21).
Required clause: Text messaging originator opt‑in data and consent will not be shared with any third parties, excluding aggregators and providers of the text message services.
We maintain consent and opt‑out logs (timestamps, source) for audit purposes.
4. Payments
Payments are processed by third‑party providers. By submitting a payment, you authorize the third‑party processor to debit/charge your account under their terms. We do not store full card details on our systems.
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Fees/charges. Late fees, returned payment fees, and other charges are assessed per your lease or management agreement and applicable law.
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Chargebacks. You remain responsible for rent and fees notwithstanding payment reversals or chargebacks.
5. Maintenance, Scheduling & Access
Maintenance requests should be submitted through your portal or Property Meld unless otherwise instructed. You agree to provide reasonable access for inspections and repairs as required by your lease and applicable law. We may assign work to internal staff or third‑party vendors.
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Emergency issues. If life‑threatening, call 911. For urgent property issues, follow the emergency instructions provided in your lease or portal.
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Vendor independence. Vendors are independent contractors responsible for their own work. We are not liable for delays caused by weather, parts availability, or contractor schedules.
6. Acceptable Use & Prohibited Conduct
You agree not to misuse the Services, including by: (a) attempting to access another user’s account; (b) interfering with the security or operation of any system; (c) violating law or third‑party rights; (d) transmitting malware, spam, or harassing content.
7. Intellectual Property
The Services, including site content, text, graphics, logos, and compilations, are owned by or licensed to PAM and protected by intellectual property laws. You may not copy, modify, or distribute content without permission.
8. Third‑Party Links & Tools
Our Services may link to third‑party websites or tools (e.g., payment processors, portals). We are not responsible for third‑party content or practices. Use third‑party services at your own risk under their terms and privacy policies.
9. Disclaimers; Limitation of Liability
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. IN NO EVENT WILL PAM OR ITS OWNERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100).
10. Indemnification
You agree to defend, indemnify, and hold harmless PAM and its owners, officers, employees, and agents from and against all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your use of the Services or violation of these Terms.
11. Governing Law & Venue
These Terms and any disputes arising from them are governed by the laws of the State of Wisconsin, without regard to conflict‑of‑law principles. Exclusive venue lies in the state or federal courts located in Milwaukee County, Wisconsin.
12. Changes to the Services and Terms
We may modify or discontinue parts of the Services at any time. We may update these Terms from time to time. Changes are effective when posted with the updated Effective date above. Your continued use of the Services after changes constitutes acceptance.
13. Wisconsin & Federal Compliance Notes
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Wisconsin Residential Rental Practices (ATCP 134). We avoid unfair or deceptive practices; rent/fee communications are factual and consistent with the lease.
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Fair Housing. We comply with the federal Fair Housing Act and Wisconsin Open Housing Law; our communications do not express preferences or limitations toward protected classes.
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TCPA/CTIA. We follow applicable A2P messaging standards (brand identification, STOP/HELP handling, frequency disclosure, and recordkeeping of consent).
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Data Security & Breach Notice. We use reasonable safeguards and will provide notices required by law (including Wis. Stat. § 134.98) in the event of certain data incidents.
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No Legal Advice; Lease/Governed Notices. SMS is supplemental only; it does not replace legally required delivery methods for any notice.
14. Contact Us
Performance Asset Management, LLC
777 N Jefferson St, Suite 408
Milwaukee, WI 53202
Phone: (414) 943‑1038
Email: residents@pammke.com
Website: https://www.pammke.com
Privacy Policy: https://www.pammke.com/privacy-policy