Acceptance of Terms
By registering with or otherwise using the PropertyRadar.com website or ForeclosureTruth.com website (collectively, "Sites") or any current and future services, products, information, applications, APIs and/or data provided by Acureo, Inc. dba PropertyRadar.com ("PropertyRadar") on the Sites (collectively, "Services") or downloading, installing or using the PropertyRadar iPhone application, software or Services (collectively, the "Application"), you (in your capacity as a natural person or the entity on whose behalf you are acting) agree to be bound by the terms of this User Agreement ("Agreement"). Please read this Agreement carefully. This Agreement is a legal contract between you and PropertyRadar and governs your access to, and use of, the Sites and Services and the Application. If you do not agree with all of the terms of this Agreement, do not register or otherwise use these Sites and/or Services or download, install or use the Application. PropertyRadar reserves the right to make changes to any of the Sites and/or Services or Application (and any combination thereof), or the terms of this Agreement at any time, at its sole discretion. Any changes to this Agreement will be dated and posted on the Sites or otherwise made available to you. Your continued use of the Sites, Services and/or Application after such changes have been posted or been made available shall constitute your acceptance of the then-current Agreement, even if you have not reviewed the changes.
No Personal Advice
These Sites and the Materials, Submissions and Third-Party Content (all as defined below) contained on this Site are available only for the purpose of providing general information on properties in every phrase of the foreclosure process and other real-estate related issues. You should not rely on these Sites and the information and resources contained on these Sites as a replacement or substitute for any professional, financial, legal or other advice or counsel. PropertyRadar makes no representations and warranties, and expressly disclaims any and all liability, concerning actions taken by a user following the information or using the resources offered or provided on or through these Sites. In no way will PropertyRadar be responsible for any actions taken or not taken based on the information or resources provided on these Sites.
If you have a situation that requires professional advice, you should consult a qualified specialist. Do not disregard, avoid or delay obtaining professional advice from a qualified specialist because of information or resources that are provided on these Sites, however provided.
Allowed Use of Services and Materials
Certain information, features, and applications provided on and through this Sites, including text, content, advertising, logos, graphics, images and any other materials that are not Submissions (as defined below) (together, the "Materials") are provided to you by PropertyRadar and are the copyrighted and/or trademarked work of PropertyRadar or PropertyRadars licensors
PropertyRadar grants you a limited, individual, non-exclusive, non-transferable and completely revocable license to use the Services and Materials subject to the following conditions:
Services which require registration must be used solely by the non-consumer institutional end user named during the registration process for individual use, and you shall not permit any other party or entity, for any reason, to use said Services on your behalf.
Services and Materials are provided for your informational purposes only, and shall not be copied, transferred, merged, sold, transmitted, e-mailed, conveyed, assigned, sublicensed, extracted, reproduced, published, distributed, disseminated, reposted, displayed, reformatted, or combined for any purpose in any medium, form or manner, for use by a third party or any commercial purpose, except as expressly stated in this Agreement.
The Sites and Services may not be scraped, mined or otherwise accessed by equipment, software or other means which facilitate anything other than direct, individual, in person, non-automated use by you.
Services and Materials may not be used for any unlawful purpose.
You agree to cooperate and comply with all investigations of abuse, complaints, third party infringement or any other unauthorized use of the Services and/or Materials.
Unless otherwise authorized by PropertyRadar in writing, you may not export more than a total of 1,000 records per day, the total of which shall not exceed 20,000 records per month.
Additional "FLX" Terms
By registering for or otherwise subscribing to the "FLX" service you agree to be bound by the following additional terms:
Data provided through the FLX service may not be combined or merged with any other data with the exception of maps and/or aerial images.
While using the FLX service, you shall not, or not attempt to, alter, partially conceal, or otherwise obstruct any portion of the data, user interface, logo or any other element of the FLX service.
You agree to clearly display the "Provided by PropertyRadar" notice and PropertyRadar logo and provide a link to http://PropertyRadar.com in and on any custom offerings provided to you by PropertyRadar to identify PropertyRadar as the provider of the FLX service and data provided through the FLX service.
Display of data provided through the "FLX" service shall not exceed twenty five (25) visible records at any given time.
Additional iPhone Application Terms
The Application is owned by and is being provided to you by PropertyRadar. PropertyRadar may elect, in its sole discretion, to change, edit, or discontinue the Application at any time or any Service or website with which it operates, in each case without notice.
You acknowledge that this is a license and not a sale of the Application. You agree that the Application, including, but not limited to, graphics, clips, and content available by its use, contains proprietary information, content and materials owned by PropertyRadar or its licensors and is protected by applicable intellectual property and other laws, including, but not limited to, trade secrets, copyright, trademark and patent laws. You agree not to use such proprietary information, content or materials in any way whatsoever except as part of the use of the Application and only in compliance with this Agreement. Your rights to use the Application are limited to the terms specified in this Agreement, and nothing herein shall reduce or modify PropertyRadar’s ownership of the Application. PropertyRadar retains and reserves all rights not expressly granted to you herein. There are no implied rights.
Subject to your acceptance and on-going compliance with this Agreement and the Usage Rules in Apple's App Store Terms of Service (which are located at http://www.apple.com/legal/itunes/us/terms.html#SERVICE), PropertyRadar hereby grants you a personal, non-exclusive, non-transferrable, and limited license to install and use the Application on a single authorized computing device located in the United States and its territories or any other country in which this Application is offered for use by PropertyRadar, on condition that all uses are for your personal purposes only and in conformance with the Usage Rules in Apple's App Store Terms of Service. Nothing in this Agreement grants you any rights to any related documentation, support, upgrades, maintenance or other enhancements to or future versions of the Application, and neither PropertyRadar nor Apple have any obligation to furnish any of the foregoing.
You shall not make copies of the Application, modify or create derivative works of the Application, decompile or reverse engineer the Application or otherwise attempt to create the source code from the Application, or in any way attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Application. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Application. No portion of the Application may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, or distribute the Application in any manner. You shall not exploit the Application in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity. You may not release the results of any performance or functional evaluation of any Application to any third party without prior written approval of PropertyRadar for each such release.
Additional Microsoft Bing Map Control and MapPoint Web Service End User Terms
By using the mapping functionality, data, materials and/or services provided by Microsoft, Corporation ("Microsoft") on the Sites, you agree to be bound by the terms and conditions of Microsoft's then-current End User Terms located at http://go.microsoft.com/fwlink/?LinkId=21969. In addition, bird's eye imagery of the United States may not be used by any government entity, or agency or branch thereof (municipal, state, federal or other form of government and their equivalents in any jurisdiction)
For any Service that requires registration, you additionally agree to the following terms:
Free Trial — Certain Services may be offered on a free trial basis. You may cancel your subscription for any reason during the free trial period. After the free trial period has expired, you will be charged without further notice in full for the selected term, and those charges are non-refundable. You are entitled to no more than one free trial and will not seek additional free trials through multiple or successive registrations, use of aliases or changes in account information, or otherwise
Auto Renewal — This Agreement commences upon registration and continues initially for one month, or the length of the term selected by you during the registration or order process. Upon completion of the initial term, and unless cancelled by you prior to completion of the initial term, your account will automatically renew without notice for a term equal to the initial term. If you do not wish to renew, then you must cancel prior to the expiration of the initial term or then-current term using one of the cancellation methods set forth below. If you choose to cancel your account after it has automatically renewed for an additional term (i.e., you do not cancel your account prior to the expiration of the initial term or then-current term), you will not receive a refund for the pre-paid subscription fee paid for the term, provided that you will continue to have access to the Site and the Services, subject to the terms of this Agreement, for the remainder of that then-current term. PropertyRadar may change the fees and charges for Services or add new fees and charges from time to time, but will provide advance notice by e-mail of these changes prior to charging the new fees.
Cancellation — You may cancel your subscription at any time. All fees due from you to PropertyRadar up to the end of the then-current subscription period at the time of termination shall remain payable to PropertyRadar unless otherwise specified. You may cancel your subscription by:
Selecting Cancel from the My Account page on the Sites,
Submitting a cancellation request using the Contact Us page on the Sites,
Emailing a cancellation request to support@PropertyRadar.com, provided that cancellation may not be effective until one (1) business day after PropertyRadar receives your request, or
Mailing a cancellation notice at least ten (10) business days prior to the desired date of cancellation to: PropertyRadar, P.O. Box 837, Truckee, CA 96161, provided that PropertyRadar does not guarantee that the effective date of cancellation will be the specific date requested.
To verify that your cancellation has been received, please check your account status in the My Account page located within the application on the Sites.
Termination — PropertyRadar reserves the right to terminate your subscription or your access to the Services at any time or to discontinue or modify any Services, portion or attribute thereof, for any or no reason and with or without notice. You agree that your sole remedy for such termination of your access to the Services is to receive a pro-rated refund of the pre-paid subscription fee paid to PropertyRadar for the then-current term. PropertyRadar may pursue any and all claims and causes of action it may have against you for violation of this Agreement, including, without limitation, any monetary damages, injunctive relief, court costs and attorneys' fees.
Payment of Fees — You agree to pay all fees on time and by providing credit card transaction information, you consent to subsequent recurring billing for Services provided by PropertyRadar on an ongoing basis until cancelled. All payments are non-refundable and there are no refunds or credits for partial months. You must include your complete billing address, credit/debit card number, and telephone number in order to process payments. PropertyRadar accepts major credit cards, including Visa and MasterCard. If your credit card expires, is otherwise declined for payment or you otherwise fail to pay PropertyRadar in a timely manner, access to Services may be terminated or suspended. In the event of termination or suspension you shall remain responsible for any uncollected amounts.
Consent to Contact — You agree that PropertyRadar may contact you by telephone or email as provided during registration regarding the Services during the term of this Agreement.
PropertyRadar does not monitor all linked resources. The statements, information, views, and opinions contained in the Marketplace are those of the authors and are not endorsed by PropertyRadar. The Marketplace is an open service in which PropertyRadar does not exercise control over the content, reliability, suitability, accuracy, or completeness of any information provided therein. PropertyRadar MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, AS TO THE INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY OR REFERENCED IN THE MARKETPLACE. PropertyRadar ALSO DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. PropertyRadar WILL NOT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES SUFFERED AS A RESULT OF THE USE OF SERVICE OR OF PRODUCTS OR SERVICES OBTAINED IN CONNECTION WITH PropertyRadar.COM OR THE MARKETPLACE. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF INFORMATION AND OR DATA, DAMAGES ARISING OUT OF SERVICE INTERRUPTIONS, DAMAGES CAUSED BY FAILURE OF PERFORMANCE, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. The Marketplace may be used only for lawful purposes. Transmission of any material in violation of any U.S. or state regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. PropertyRadar reserves the right to refuse service to anyone and to cancel any listing or account without cause and without notice. You agree to indemnify and hold harmless PropertyRadar from any claims resulting from your use of the Marketplace that damages you or another party.
Any manner of searching, crawling, indexing, scrubbing, or any other method of retrieving Marketplace profiles (data) for any purpose, including but not limited to, the purpose of archiving, database duplication, re-distributing or any other manner of storing data is strictly prohibited without the prior written consent of PropertyRadar.
PropertyRadar prohibits the use of the Marketplace in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial e-mail ("Spam"), provided that from time to time PropertyRadar may provide users' email addresses and/or contact information to third parties offering products and services that PropertyRadar deems, at its discretion, to be of potential interest to its users. PropertyRadar does not permit or authorize the harvesting, mining or collection of any information about customers, clients or subscribers, including but not limited to subscriber e-mail addresses, or any other information that is PropertyRadar’s confidential and proprietary information. If PropertyRadar believes that unauthorized or improper use is being made of any service, it may take any action, in its sole discretion, it deems appropriate.
Third Party Content
Certain information and content that are not Submissions (as defined below) may be provided by third party licensors to PropertyRadar ("Third Party Content"). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. Unless you have permission from the owner of the Third Party Content, you agree to only display the Third Party Content on your personal computer solely for your individual use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. PropertyRadar DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
Links to Third Party Web Sites
The Sites may be linked to other web sites that are not PropertyRadar Sites ("Third Party Web Sites") and certain areas of the Sites may allow you to conduct transactions or purchase goods or services from or through such Third Party Web Sites. PropertyRadar is providing these links to you as a convenience, and PropertyRadar does not verify, make any representations or take any responsibility for such linked to Third Party Web Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, links displayed or activities conducted on such Third Party Web Sites. The Third Party Web Sites may have different privacy policies and terms and conditions and business practices than PropertyRadar. Your dealings and communications through the Sites with any party other than PropertyRadar are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party. YOU AGREE THAT PropertyRadar WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH ANY THIRD PARTY WEB SITES AND/OR THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT, ADVERTISING OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference on the Sites to any product, process, publication or service of any third party, by trade name, domain name, trademark, trade identity, service mark, logo, manufacturer or otherwise does not constitute or imply PropertyRadar's endorsement or recommendation.
PropertyRadar is a trademark of PropertyRadar in the United States. Other trademarks, names and logos on these Sites are the property of their respective owners.
Unless otherwise specified in this Agreement, all information and screens appearing on these Sites, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of PropertyRadar, Copyright © 2008 Acureo, Inc. All rights not expressly granted herein are reserved. There are no implied rights. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
You acknowledge and agree that any and all intellectual property rights ("IP Rights") in and to the Sites, Services, Materials and Third Party Content are and shall remain the exclusive property of PropertyRadar and its licensors, as applicable. You are entitled only to limited use of the IP Rights granted in this Agreement. You will not take any action to jeopardize, limit or interfere with the IP Rights. You acknowledge and agree that any unauthorized use of the IP Rights is a violation of this Agreement and is a violation of intellectual property laws, including, without limitation, copyright laws and trademark laws.
You further acknowledge that the Sites, Services, the Application, Materials and Third Party Content, including, without limitation, the FLX service, and the data provided through the FLX service, are valuable commercial products, the development of which has involved the expenditure of substantial time and money.
You acknowledge and agree that all text, files, images, photos, videos, sounds, works of authorship, or any other materials that you submit, post or otherwise make available on the Sites or to Foreclosure Radar (each a "Submission") is accurate, complete and does not misrepresent you or falsely identify a third party. You agree not to submit, post or otherwise make available on the Sites through posting areas, emails, personal pages, instant messages or other services available in connection with these Sites any Submission that violates any applicable laws; contains viruses or other malware; is obscene, libelous, threatening, harassing, or defamatory; or which violates the rights of others including copyright, trademark, patent protections or any other right of privacy. You are solely responsible for any Submission. You represent and warrant that: (i) you own all Submissions posted by you on or through these Sites or otherwise have the right to grant the licenses to PropertyRadar set forth in this section, and (ii) the posting of your Submissions on or through these Sites do not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through these Sites.
Copyright and Trademark Infringements
PropertyRadar respects the intellectual property rights of others, and we ask you to do the same. PropertyRadar may, in appropriate circumstances and at our discretion, terminate service and/or access to these Sites for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Sites, please provide ForeclosureRada's designated agent the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Sites, and information reasonably sufficient to permit PropertyRadar to locate the material.
Information reasonably sufficient to permit PropertyRadar to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
PropertyRadar's agent for notice of claims of copyright or trademark infringement on these Sites can be reached as follows:
PropertyRadar, P.O. Box 837, Truckee, CA 96161
By phone: 530-550-8801
By email: support@PropertyRadar.com
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Only the intellectual property rights owner is permitted to report potentially infringing items through PropertyRadar's reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms.
Disclaimer of Warranties
The Services are made available for informational purposes only and not intended to provide commercial, legal, investment or financial advice. The Services (including, without limitation, Third Party Content provided through the FLX service and that which is available through the use of the Application) may be based upon data that is collected, computed and or modeled from a number of sources, including public records and documents and statistical calculations, and may not be free from inaccuracies, errors or defects. The Services may not take into account such important factors as the condition of the property, current market conditions, title defects or other factors that may significantly affect or impair the quality of information available. The Services may include content supplied by third parties that contain advice, opinions, statements or offers over which PropertyRadar may have no editorial control and do not endorse. PropertyRadar and its licensors do not guarantee the accuracy, timeliness, availability, reliability, adequacy or completeness of any information, facts, views, opinions, statements or recommendations contained on the Sites or in the Submissions or Third Party Content and are not responsible for any errors, omissions, miscalculations or misrepresentations of value in the information provided through the Service.
NO WARRANTY. PropertyRadar AND ITS SUPPLIERS PROVIDE THE SITES, THE SERVICES, THE APPLICATION, ANY MATERIALS, SUBMISSIONS OR THIRD PARTY CONTENT OR OTHER INFORMATION PRESENTED ON THE SITES "AS IS," "WITH ALL FAULTS AND DEFECTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND USE IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PropertyRadar AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY. PropertyRadar AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, (A) THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, AND QUIET ENJOYMENT (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. PropertyRadar DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of Liability
IN NO EVENT WILL PropertyRadar OR ANY SUPPLIER BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT, YOUR USE OF SERVICES OR THE APPLICATION OR YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS, THIRD PARTY CONTENT OR SUBMISSIONS TO OR FROM THESE SITES OR THE APPLICATION, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA, REVENUE, USE OR OTHER ECONOMIC ADVANTAGE, WHETHER ARISING FROM CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER CAUSE OF ACTION, EVEN IF PropertyRadar OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states and jurisdictions do not allow the exclusion or limitation of liability, so the above limitations may not apply to you.
THIS LIMITATION IS SEPARATE AND INDEPENDENT OF ANY OTHER REMEDY LIMITATIONS AND SHALL NOT FAIL IF SUCH OTHER LIMITATION ON REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE.
IN NO EVENT SHALL PropertyRadar'S TOTAL, AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED, WITH RESPECT TO THE SERVICE, THE TOTAL AMOUNT OF SUBSCRIPTION FEES PAID BY YOU TO PropertyRadar IN THE SIX-MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, AND, WITH RESPECT TO THE APPLICATION, THE FEES PAID BY YOU FOR THE APPLICATION, IF ANY.
You agree to fully indemnify and hold PropertyRadar and any of its officers, directors, employees, affiliates, agents, licensors, business partners or suppliers harmless from and against any and all claims, liabilities, costs, damages and expenses (including attorneys' fees and costs of defense) that PropertyRadar or any other indemnified party suffers in relation to, arising from your use of the Sites and/or the Services.
ALL DISPUTES, CLAIMS OR CONTROVERSIES, ARISING FROM THIS AGREEMENT IN ANY WAY, DIRECTLY OR INDIRECTLY, BETWEEN YOU AND PropertyRadar SHALL BE RESOLVED BY BINDING ARBITRATION IN CONTRA COSTA COUNTY, CALIFORNIA, including any dispute about the scope of this arbitration agreement, and including all questions about the types of disputes that are subject to this arbitration agreement, all of which you agree will be decided by the arbitrators, whose decision will be final and binding on you. THE ARBITRATION SHALL BE UNDER THE COMMERCIAL ARBITRATION RULES PURSUANT TO THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). YOU GIVE UP ALL RIGHTS TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP THE RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS SHALL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU AND FORECLSORUERADAR MAINTAIN THE RIGHT TO PURSUE INJUNCTIVE RELIEF IN COURT, AND AGREE THAT SUCH CLAIMS FOR INJUNCTIVE RELIEF MAY ONLY BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN CONTRA COSTA COUNTY, CALIFORNIA. Either party must submit a written demand to the other party. An arbitrator shall be selected as per the AAA rules. If there is a case with no applicable rule regarding the selection of the arbitrator, then you shall select an arbitrator from a panel of arbitrators acceptable to PropertyRadar. The Party bringing the claim will pay for the filing fee and the costs of arbitration for one day of arbitration, the remaining costs of arbitration are to be paid by the non-prevailing party. Further, in any arbitration proceeding, (i) there shall be no award of punitive, exemplary, incidental or consequential or other special damages, (ii) all damages claims and awards will be governed by the provisions of the California Civil Code, and (iii) the parties will conduct the arbitration confidentially and expeditiously and will pay their own costs and expenses of arbitration, including their own attorneys' fees. The proceeding and the decision shall be kept confidential by the parties. Notwithstanding the foregoing, the parties agree that PropertyRadar shall have the right to seek a temporary or permanent injunction (or other equitable relief), and file the necessary underlying lawsuit, in any court having jurisdiction over the parties as necessary to protect PropertyRadar's intellectual property rights or confidential information.
Local Laws; Export Control
PropertyRadar controls and operates these Sites from its headquarters in the United States of America and the Materials, Submissions and/or Third Party Content may not be appropriate or available for use in other locations. If you use these Sites outside the United States of America, you are responsible for following applicable local laws.
Terms which Survive this Agreement
The proprietary rights, disclaimer of warranties, representations made by you, limitations of liability, assignment, governing law and venue, severability; waiver, and entire agreement provisions shall survive any termination of this Agreement.
You may not assign this Agreement or any rights hereunder. PropertyRadar may at its sole discretion assign this Agreement or any rights hereunder to any Affiliate, without giving prior notice. Any purported assignment in violation of this restriction is void.
Governing Law and Venue
This Agreement shall be subject to and construed in accordance with the laws of the State of California, excluding its conflict of laws provisions.
If for any reason any provision of this Agreement is determined to be invalid or unenforceable under applicable law, then the unenforceable or invalid provision of the Agreement will be superseded by a valid and enforceable provision that most closely matches the intent of the original provision. The remainder of the Agreement shall remain in full effect. PropertyRadar's failure to enforce any term of this Agreement is not a waiver of that term. A waiver must be in writing to be effective.
The terms and conditions of this Agreement constitute the final and exclusive agreement between you and PropertyRadar with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings and agreements, written or oral, regarding the subject matter.
Last Updated August 5, 2011.