Effective Date: September 19, 2022
Welcome to the PropertyRadar.com websites (collectively, “Sites”)! “We”, “Our” and “Us” currently refers to PropertyRadar, Inc. This User Agreement (this “Agreement”) describes your rights and responsibilities when using any of the Sites or any current and future services, products, information, applications, APIs (as defined below), software and/or data provided by Us on the Sites (collectively, “Services”) or downloading, installing or using Our iPhone or Android applications (the “Applications,” and together with the Sites, Services and Materials (as defined below), the “PropertyRadar Offerings”). Please read them carefully. We are grateful you are here.
BY USING ANY OF THE PROPERTYRADAR OFFERINGS AND/OR BY CLICKING THE CHECK BOX INDICATING THAT YOU ACCEPT THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND ACCEPT THE TERMS OF THIS AGREEMENT.
This Agreement forms a binding contract between you and Us and you must agree to this Agreement, in its entirety, in order to use the PropertyRadar Offerings. The PropertyRadar Offerings are only available for use by valid business entities, including sole proprietorships. The terms “you” and “your” refer to the business entity that you represent. You represent and warrant that you have the authority to bind that entity.
NOTE: THIS USER AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER, THAT AFFECTS YOUR RIGHTS UNDER THIS USER AGREEMENT AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US, AS WELL AS OUR SHAREHOLDERS, PARENT, SUBSIDIARIES, RELATED PARTIES, THIRD-PARTY TECHNOLOGY PARTNERS AND MARKETING PARTNERS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THIS AGREEMENT.
By using the PropertyRadar Offerings, you represent, acknowledge and agree that you: (a) are 18 years of age or older (or the applicable age of majority, if greater than eighteen (18) years of age in your jurisdiction of residence); (b) can enter into legally binding contracts under applicable law; (c) are not a resident of, or physically located in, the United Kingdom or any European Union Member State; and (d) are acting in your capacity as a duly authorized representative of a valid business entity (collectively, “Usage Requirements”). If you do not satisfy all of the Usage Requirements, you may not access the PropertyRadar Offerings.
Use of the PropertyRadar Offerings – FOR BUSINESS USE ONLY
Certain information, features, and applications provided on and through the Sites, Services and/or Applications, including text, content, data, information, advertising, logos, graphics, images and any other content and materials that are not Submissions (as defined below) (together, the “Materials”) are provided to you by Us and are the copyrighted and/or trademarked work of Ours or Our licensors. We grant you a limited, individual, non-exclusive, non-transferable and completely revocable license to use the PropertyRadar Offerings, subject to your compliance with the terms of this Agreement and the “Activities That Are Not Allowed” section below. PropertyRadar Offerings which require registration must be used solely by the non-consumer institutional end-user named during the registration process for your own internal business use, and you will not permit any other party or entity, for any reason, to use said Services on your behalf. The PropertyRadar Offerings are provided for your informational purposes only. You have no other rights in or to the PropertyRadar Offerings. You agree to cooperate and comply with all investigations of abuse, complaints, third party infringement or any other unauthorized use of the PropertyRadar Offerings. You agree to use the PropertyRadar Offerings in compliance with all applicable privacy, data protection, credit and other laws, statutes, and governmental regulations.
Activities That Are Not Allowed
Unauthorized use of the PropertyRadar Offerings may result in the violation of various United States and international copyright laws or other laws. You are not authorized to use the PropertyRadar Offerings in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):
- To stalk, harass, or harm another individual;
- In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
- To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Use the PropertyRadar Offerings: (i) as a factor in establishing an individual’s eligibility for credit, insurance, or employment; (ii) in connection with a determination of an individual’s eligibility for a license or other benefit granted by a governmental authority; (iii) in connection with underwriting individual insurance or coupled with alternative insurance approaches; or (iv) in a way that would cause the Services to constitute a “consumer report” under the Fair Credit Reporting Act, 15 U.S.C. Â§ 1681 et seq. or similar statute, or by any other authority having jurisdiction over the parties.
- Use of the PropertyRadar Offerings in any advertisements or marketing campaigns (“Advertisements”) that violate the proprietary or intellectual property rights of anyone or that contain any content, information or material which is discriminatory, profane or obscene or illegal in the United States or other countries to which an Advertisement is being sent;
- Use the PropertyRadar Offerings for any purposes other than for your own marketing and management purposes;
- Transfer possession, right or title of or to the PropertyRadar Offerings to any person or entity and/or for any other purposes whatsoever;
- To use any data mining, scraping, robots, or similar data gathering or extraction methods in connection with the PropertyRadar Offerings;
- Share the PropertyRadar Offerings with any end user, parent, subsidiary, affiliate or other third party, including any third parties involved in any joint venture or joint marketing arrangements;
- Disclose, use, disseminate, reproduce, publish, copy, transfer, merge, sell, transmit, email, convey, assign, sublicense, extract, distribute, redistribute, repost, display, reformat, or combined for any purpose in any medium, form or manner, any portion of the PropertyRadar Offerings in any manner or permit the same, including but not limited to for any commercial purpose;
- Process or combine any portion of the PropertyRadar Offerings, or permit any portion of the PropertyRadar Offerings, to be processed or combined, with other data or software from any other source;
- Use the PropertyRadar Offerings to create, enhance or structure any database for resale or distribution;
- Use the PropertyRadar Offerings to create derivative products;
- Copy, modify, adapt any application programming interface (“API”s) provided by Us or any code that comprises the software applicable to the PropertyRadar Offerings, or to reverse engineer, alter, enhance, decompile, reverse assemble, modify or attempt to discover any source code used to generate the PropertyRadar Offerings or provide the PropertyRadar Offerings, or to insert any code or product to manipulate the content on the PropertyRadar Offerings in any way that affects any user’s experience;
- Disassemble, decompile, or reverse engineer any portion of the PropertyRadar Offerings;
- For any public or commercial purpose which includes use of the PropertyRadar Offerings on another website or through a networked computer environment;
- In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the PropertyRadar Offerings;
- To interfere with or disrupt the PropertyRadar Offerings or servers or networks connected to the PropertyRadar Offerings, as applicable; or
- Attempt to gain unauthorized access to any portion of the PropertyRadar Offerings or any other accounts, computer systems, or networks connected to the PropertyRadar Offerings, whether through hacking, password mining, or any other means.
Legal Compliance. When using the PropertyRadar Offerings, you represent and warrant that you will comply with all applicable Mobile Marketing Association (“MMA”) guidelines, Cellular Telecommunications Industry Association (“CTIA”) guidelines, the rules, terms, conditions and policies of all participating mobile telephone carriers, as well as all applicable local, state, national, federal and international laws, rules and regulations including, but not limited to, the Telephone Consumer Protection Act (“TCPA”), the Telemarketing Sales Rule (“TSR”), laws governing the National Do Not Call Registry (“NDNCR”), the Florida Telemarketing Act and Florida Do Not Call Act,, and analogous state laws, as well as rules applicable to the content of prerecorded telemarketing messages, maintenance and use of operable opt-out systems, call abandonment, in-call rebuttal rules and time-of-day/day of week/holiday call restrictions (collectively, “Applicable Law”).
To the extent you are required by applicable law to obtain such consent, you represent and warrant that each individual who you contact in connection with the Services and/or the Materials (“Call Recipient”), has provided her/his “prior express written consent” (as defined in the TCPA) to receive commercial telephone calls (including autodialed calls, pre-recorded calls, artificial voice calls and/or SMS text messages) from you (“TCPA Consent”). You shall collect evidence of TCPA Consent for each Call Recipient including name, date, time, IP address and referral URL where the applicable consumer(s) submitted the TCPA Consent, as well as the contents of the registration form used to obtain TCPA Consent (collectively, the “TCPA Consent Records”). You shall maintain TCPA Consent Records for a minimum of six (6) years following collection of same. You must, within two (2) business days of receipt of Our request, provide Us with the TCPA Consent Records.
Phone numbers provided by Us may be subject to state and federal do not call regulations and your compliance with those regulations is solely your responsibility. We may report to law enforcement authorities any actions that may be illegal, and investigate any reports We receive of such conduct. When legally required or at Our discretion, We will cooperate with law enforcement agencies in any investigation of alleged illegal activity arising from use of the PropertyRadar Offerings.
We Do Not Offer Legal, Personal or Professional Advice
The PropertyRadar Offerings, as well as the Submissions and Third-Party Content (as defined below) made available by and through the PropertyRadar Offerings, are available just for the purpose of providing general information on properties, property owners, property occupants, and other related issues. You should not rely on the PropertyRadar Offerings and the information and resources made available in connection therewith as a replacement or substitute for any professional, financial, legal or other advice or counsel. We make no representations or warranties, and expressly disclaim any and all liability, concerning actions taken by a user following the information or using the resources offered or provided on or through the PropertyRadar Offerings. We will not be responsible for any actions taken or not taken based on the information or resources provided by and through the PropertyRadar Offerings. 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 by and through the PropertyRadar Offerings, however, provided.
Neither We nor the PropertyRadar Offerings are intended, under any circumstances, to offer legal advice, recommendations or counseling in connection with any legal matter including, without limitation, compliance with the TCPA (including obtaining TCPA Consent from Call Recipients in connection with same), compliance with any telemarketing laws, or any other Applicable Law, and no element of the PropertyRadar Offerings should be construed as such. You should always check with your attorney(s) to ensure that any use of the PropertyRadar Offerings, including your marketing efforts associated with your Call Recipients, complies with all Applicable Law including, without limitation, the TCPA.
We assume no recordkeeping duties for you with respect to call logs or any other usage data. However, We reserve the right to respond to any third-party subpoena or regulatory request and shall have no obligation to provide any prior notice to you.
We may alter the PropertyRadar Offerings that We offer you and/or choose to modify, suspend or discontinue some or all of the PropertyRadar Offerings at any time and without notifying you. We may also change, update, add or remove provisions (collectively, “modifications”) of the terms of this Agreement from time to time; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. We will inform you of any modifications to this Agreement by posting them on the Sites and for users where a login is required, We will ask you to accept the modifications to this Agreement when you next log into your account. If you object to any such modifications, your sole recourse will be to cease using the PropertyRadar Offerings. Continued use of the PropertyRadar Offerings following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications. Also, please know that this Agreement may be superseded by expressly-designated legal notices or terms located on particular pages of the Sites. These expressly-designated legal notices or terms are incorporated into this Agreement and supersede the provision(s) of this Agreement that are designated as being superseded.
Password Areas of the PropertyRadar Offerings
If you want to open an account with Us, you must submit the following information:
- First and last name;
- A working email address;
- Mobile phone number;
- Preferred password.
We may, in Our sole discretion, also require additional information to validate your account. You may also provide additional, optional information. In order to sign up for a Free Trial (as defined in the “Subscription” section), you must also provide valid credit card information and enter a valid verification code to confirm your account. Please see the “Subscription” section for additional information on Free Trials. Once you submit the required registration information, We alone will determine whether or not to approve your proposed account. For so long as you use your account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes directly, or by contacting us. If you forget your password, We will send a password update to your provided email address, upon your request. You are responsible for complying with this Agreement when you access the PropertyRadar Offerings, whether directly or through any account that you may setup through or on the Sites/API. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of the PropertyRadar Offerings, as well as paying related charges. It is also your responsibility to maintain the confidentiality of your password(s), including any password of a third-party site that We may allow you to use to access the PropertyRadar Offerings. Should you believe your password or security for the PropertyRadar Offerings has been breached in any way, you must immediately notify Us.
Additional iPhone and Android Application Terms
- The Application(s) is/are owned by and is being provided to you by Us and/or our third party third-party technology partners. We may elect, in Our sole discretion, to change, edit, or discontinue the Application(s) at any time or any portion of the PropertyRadar Offerings with which it operates, in each case without notice.
- You acknowledge that this is a license and not a sale of the Application(s). You agree that the Application(s), including, but not limited to, graphics, clips, and content available by its/their use, contains proprietary information, content and materials owned by Us or Our 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(s) and only in compliance with this Agreement. Your rights to use the Application(s) are limited to the terms specified in this Agreement, and nothing herein shall reduce or modify Our ownership of the Application(s). We retain and reserve all rights not expressly granted to you herein. There are no implied rights.
- To use the Application(s) you must have a mobile device that is compatible with the applicable mobile service. We do not warrant that the Application(s) will be compatible with your mobile device. We hereby grant to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Application(s) for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Application(s), except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Application(s) to any third-party or use the Application(s) to provide time sharing or similar services for any third-party; (iii) make any copies of the Application(s); (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Application(s), features that prevent or restrict use or copying of any content accessible through the Application(s), or features that enforce limitations on use of the Application(s); or (v) delete the copyright and other proprietary rights notices on the Application(s). You acknowledge that We may from time to time issue upgraded versions of the Application(s), and may automatically electronically upgrade the version of the Application(s) that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms of this Agreement will apply to all such upgrades. The foregoing license grant is not a sale of the Application(s) or any copy thereof, and We and Our third-party licensors or suppliers retain all right, title, and interest in and to the Application(s) (and any copy of the Application(s)). Standard carrier data charges may apply to your use of the Application(s).
The following additional terms and conditions apply with respect to any Application that We provide to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
- You acknowledge that this Agreement is between you and Us only, and not with Apple, Inc. (“Apple”).
- Your use of Our iOS App must comply with Apple’s then-current App Store Terms of Service.
- We, and not Apple, are solely responsible for Our iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to Our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to Our iOS App.
- You agree that We, and not Apple, are responsible for addressing any claims by you or any third-party relating to Our iOS App or your possession and/or use of Our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by the terms of this Agreement and any law applicable to Us as provider of the iOS App.
- You agree that We, and not Apple, shall be responsible, to the extent required by the terms of this Agreement, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to Our iOS App or your possession and use of Our iOS App.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- You agree to comply with all applicable third-party terms of agreement when using Our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
- The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to the terms of this Agreement as they relate to your license of Our iOS App. Upon your acceptance of the terms of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the terms of this Agreement against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any Application that We provide to you designed for use on an Android-powered mobile device (an “Android App”):
- You acknowledge that this Agreement is between you and Us only, and not with Google, Inc. (“Google”).
- Your use of Our Android App must comply with Google’s then-current Android Market Terms of Service.
- Google is only a provider of the Android Market where you obtained the Android App. We, and not Google, are solely responsible for Our Android App and the Services and Content available thereon. Google has no obligation or liability to you with respect to Our Android App or this Agreement.
- You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to Our Android App.
Additional Microsoft Bing Maps 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 https://www.microsoft.com/maps/assets/docs/terms.aspx. 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).
Additional WAVV End User Terms
By registering for an account with Us, you become a “Subscriber” with access to certain password-restricted areas of the Site/API and certain PropertyRadar Offerings offered on and through the Site/API (a “Subscription”). Each Subscription, and the rights and privileges provided to a Subscriber, is personal and non-transferable. All sales and payments of Subscription fees will be in US Dollars. We offer different Subscription options. We reserve the right to change prices, and features for Subscriptions (but not the price in effect for your then-current Subscription term) at any time, upon notice, and do not provide price protection or refunds in the event of promotions or price decreases. For any PropertyRadar Offering that requires registration, you additionally agree to the following terms:
- Free Trial: Certain PropertyRadar Offerings may be offered on a free trial basis (a “Free Trial”). 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 will be non-refundable. You are entitled to no more than one Free Trial and agree not to seek additional Free Trials through multiple or successive registrations, use of aliases or changes in account information, or otherwise. Any use, or attempt to use, the PropertyRadar Offerings through multiple or successive registrations for Free Trials will result in your credit card being immediately charged for said Service. IF YOU SIGN UP FOR A SUBSCRIPTION THAT INCLUDES A FREE-TRIAL PERIOD, UNLESS YOU HAVE CANCELED YOUR SUBSCRIPTION PRIOR TO THE EXPIRATION OF THE FREE TRIAL PERIOD, WE WILL, AUTOMATICALLY CHARGE YOU THE SUBSCRIPTION FEE UPON THE EXPIRATION OF THE FREE TRIAL PERIOD. FREE TRIAL SUBSCRIPTIONS WILL BE CHARGED AT THE REGULAR PRICE IN EFFECT ON THE DATE THE FREE TRIAL PERIOD ENDS.
- Auto Renewal: Your Subscription commences upon registration and continues initially for one month, or the length of the term selected by you during the registration or order process. We will charge you for your first Subscription fee on the date that We process your order for your Subscription (or if you sign-up for a Free Trial, We will charge you for your first Subscription fee upon the expiration date of the applicable Fee Trial period). UPON COMPLETION OF THE INITIAL TERM, AND UNLESS CANCELED 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 CANCELATION 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 PROPERTYRADAR OFFERINGS ASSOCIATED WITH YOUR SUBSCRIPTION , SUBJECT TO THE TERMS OF THIS AGREEMENT, FOR THE REMAINDER OF THAT THEN-CURRENT TERM. You acknowledge and agree that We will not obtain any additional authorization from you for these recurring Subscription payments. Every time that you use the PropertyRadar Offerings, you re-affirm that We are authorized to charge your applicable payment method and to have the fees applied to same. We 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, on the Site or in-app message of these changes prior to charging the new fees.
- Cancelation: YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME. ALL FEES DUE FROM YOU TO US UP TO THE END OF THE THEN-CURRENT SUBSCRIPTION PERIOD AT THE TIME OF TERMINATION SHALL REMAIN PAYABLE TO US UNLESS OTHERWISE SPECIFIED. YOU MAY CANCEL YOUR SUBSCRIPTION BY: <
- LOGGING IN TO APP.PROPERTYRADAR.COM AND COMPLETING THE CANCELATION FORM WHICH CAN BE FOUND IN BILLING, UNDER SETTINGS, FROM THE MAIN MENU. SUCH CANCELATION WILL BE EFFECTIVE UPON SUBMISSION,
- EMAILING A CANCELATION REQUEST TO: SUPPORT@PROPERTYRADAR.COM, PROVIDED THAT CANCELATION MAY NOT BE EFFECTIVE UNTIL ONE (1) BUSINESS DAY AFTER WE RECEIVE YOUR REQUEST, OR
- MAILING A CANCELATION NOTICE AT LEAST TEN (10) BUSINESS DAYS PRIOR TO THE DESIRED DATE OF CANCELATION TO: PROPERTYRADAR, P.O. BOX 837, TRUCKEE, CA 96160, PROVIDED THAT CANCELATION MAY NOT BE EFFECTIVE UNTIL ONE (1) BUSINESS DAY AFTER WE RECEIVE YOUR REQUEST.
- Termination: We reserve the right to terminate your Subscription or your access to the PropertyRadar Offerings at any time or to discontinue or modify any PropertyRadar Offerings, portion or attribute thereof, for any or no reason and with or without notice in Our sole discretion. You agree that your sole remedy for such termination of your access to the PropertyRadar Offerings is to receive a pro-rated refund of the pre-paid Subscription fee paid to Us for the then-current term. If you breach any of the terms of this Agreement, any and all licenses granted under this Agreement will terminate automatically and you must immediately destroy any downloaded or printed Materials (and any copies thereof). We may pursue any and all claims and causes of action that We 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 PropertyRadar Offerings provided by Us on an ongoing basis until canceled. All payments are non-refundable and there are no refunds or credits for partial use of a Subscription term. You must include your complete billing ZIP code, credit/debit card number, and telephone number in order to process payments. We accept major credit cards, including Visa, MasterCard, American Express and Discover Card. If your credit card expires, is otherwise declined for payment or you otherwise fail to pay Us in a timely manner, access to PropertyRadar Offerings 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 We may contact you by telephone or email as provided during registration regarding the PropertyRadar Offerings during the term of this Agreement.
- Credit Card Terms: You acknowledge and agree that by purchasing a Subscription: (a) you hereby authorize Us to charge the credit card provided by you (“Active Credit Card”), in advance, for all applicable amounts attributable to the Subscription purchased by you; (b) should the Active Credit Card be declined for any reason: (i) you agree that We may contact you on any phone number (including a cell phone number) or e-mail address provided by you for alternate payment information; (ii) We reserve the right to make additional attempts to charge the Active Credit Card; and/or (iii) We reserve the right to suspend access to the PropertyRadar Offerings until valid credit card information is provided by you; (c) you must, at all times, keep your Active Credit Card information updated with Us; (d) We reserve the right to contract with credit card companies, issuing banks and third-party service providers in order to update and maintain your Active Credit Card information. This may be accomplished by refreshing expired, changed or replaced credit card and debit card numbers on file with Us with the numbers of any replacement cards so that your Subscription does not lapse; and (e) you must contact Us prior to making any Active Credit Card chargeback or inquiry, in order to reasonably allow for a resolution of any underlying dispute and we reserve the right to initiate action to collect any amounts that were the subject of an invalid and/or improper chargeback.
Our Role as a Service Provider
We are acting as a service provider to you when We provide the PropertyRadar Offerings. To the extent the PropertyRadar Offerings involve Us processing personal information on your behalf, We agree:
- To only process personal information for the purposes of providing the PropertyRadar Offerings and will not retain, use, or disclose personal information for any other purpose or otherwise outside of the direct business relationship between us; and
- Not to sell, rent, release, disclose, disseminate, make available, transfer, or otherwise communicate personal information to any third party for monetary or other valuable consideration (excluding Our service providers who are providing services to us).
We certify that We understand the requirements set forth above. Notwithstanding the foregoing, We may
- combine personal information received from you with personal information received from other entities to the extent necessary to detect security incidents or protect against fraudulent or illegal activity
- unless prohibited by applicable law, de-identify and/or anonymize personal information (with the resulting de-identified or anonymized data (“De identified Data”) and may (subject to any restrictions under applicable law) aggregate such De identified Data, including, without limitation, aggregation with other information received by Us from other customers and from other data sources (collectively, “Aggregated Data”) for the purpose of providing the Services and enhancing the features, functions, and performance of the PropertyRadar Offerings and associated content. All De-identified Data and Aggregated Data shall be owned solely and exclusively by us, and you acknowledge and agree that De-identified Data and Aggregated Data cease to be personal information, including without limitation for purposes of this Agreement, and Supplier may, during and after the term of this Agreement, use, reproduce, distribute, sell and otherwise commercialize such De-identified Data and Aggregated Data.
Third Party Content
Certain information and content that are not your Submissions (as defined below) may be provided by third party licensors to Us (“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 own personal business use. You acknowledge and agree that you acquire no proprietary rights in or to the Third Party Content (which rights remain with Us and Our licensors) and have no right to download, cache, reproduce, sell, publish, use in connection with any product or service of yours, 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. The Third Party Content is provided on an “as is, as available” basis with all faults and defects. WE, ON OUR OWN BEHALF AND ON BEHALF OF OUR LICENSORS, DISCLAIM AN D EXCLUDE 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 PropertyRadar Offerings may contain links to other websites that are not Our Sites (“Third Party Web Sites”) and certain areas of the PropertyRadar Offerings may allow you to conduct transactions or purchase goods or services from or through such Third Party Web Sites. We are providing these links to you as a convenience, and We do 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 Us. Your dealings and communications through the PropertyRadar Offerings with any party other than Us 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 WE 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 in the PropertyRadar Offerings 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 Our endorsement or recommendation thereof.
“PropertyRadar” is a trademark of PropertyRadar, Inc. in the United States. Other trademarks, names, and logos made available by and through the PropertyRadar Offerings are the property of their respective owners. Unless otherwise specified in this Agreement, all information, material, content and screens made available by and through the PropertyRadar Offerings, including documents, services, PropertyRadar Offerings design, text, graphics, logos, images, and icons, as well as the arrangement thereof, are Our sole property, Copyright © 2006-2022 PropertyRadar, 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 PropertyRadar Offerings and Third Party Content are and shall remain the exclusive property of Us and Our licensors, as applicable. You are entitled only to limited use of the IP Rights as expressly 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 PropertyRadar Offerings and Third Party Content, including, without limitation, the data provided through the PropertyRadar Offerings, are valuable commercial products, the development of which has involved the expenditure of substantial time and money.
Copyright and Trademark Infringements
We respect the intellectual property rights of others, and We ask you to do the same. Accordingly, We have a policy of removing Submissions that violate intellectual property rights of others, suspending access to the PropertyRadar Offerings (or any portion thereof) to any user who uses the PropertyRadar Offerings in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the PropertyRadar Offerings in violation of someone’s intellectual property rights.
Pursuant to Title 17 of the United States Code, Section 512, We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed upon by a user of the PropertyRadar Offerings, please provide written notice that contains the following: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location of the copyrighted work that such party claims has been infringed upon; (c) a written statement by such party that it has a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) such party’s name and contact information, such as telephone number or e-mail address; and (e) a statement by such party that the above information in such party’s notice is accurate and, under penalty of perjury, that such party is the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Our Copyright Agent for notice of claims of copyright infringement is as follows:
Klein Moynihan Turco LLP
Attn: Copyright Attorney
450 Seventh Avenue, 40th Floor
New York, NY 10123
Fax: (212) 216-9559
Termination of Repeat Infringers. We reserve the right, in Our sole discretion, to terminate the account or access of any user of the PropertyRadar Offerings who is the subject of repeated DMCA or other infringement notifications.
Disclaimer of Warranties
The PropertyRadar Offerings and Third Party Content are made available for informational purposes only and are not intended to provide commercial, legal, investment or financial advice. The PropertyRadar Offerings and Third Party Content 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 PropertyRadar Offerings and Third Party Content 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. Neighborhood and census data, estimated values, loan balances, rent and property data and all other data provided by Us may be subject to errors and omissions and are provided for informational purposes only. The PropertyRadar Offerings and Third Party Content may include content supplied by third parties that contain advice, opinions, statements or offers over which We may have no editorial control and do not endorse. We and Our licensors do not guarantee the accuracy, timeliness, availability, reliability, adequacy or completeness of any information, facts, views, opinions, statements or recommendations made available by and through the PropertyRadar Offerings, 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 PropertyRadar Offerings and/or Third Party Content.
We are not responsible for delays, disruptions, malfunctions or other technical interruptions that affect the PropertyRadar Offerings and Third Party Content including, without limitation, problems with the Sites, computer systems, telephone carriers or Internet service providers, or the quality of coverage, strength of signal, delays or outages in service.
NO WARRANTY. WE AND OUR SUPPLIERS PROVIDE THE PROPERTYRADAR OFFERINGS, SUBMISSIONS AND THIRD PARTY CONTENT, AS WELL AS OTHER INFORMATION PRESENTED IN CONNECTION WITH SAME, ON AN “AS IS,” “WITH ALL FAULTS AND DEFECTS” AND “AS AVAILABLE” BASIS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND USE IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR 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. WE DO NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE MAKE NO WARRANTY THAT THE PROPERTYRADAR OFFERINGS, SUBMISSIONS AND/OR THIRD PARTY CONTENT OR OTHER INFORMATION PRESENTED IN CONNECTION WITH SAME: (I) WILL MEET YOUR REQUIREMENTS; (II) THAT DEFECTS WILL BE CORRECTED; (III) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF SAME, OR AGAINST INFRINGEMENT; (IV) WILL RESULT IN ANY SPECIFIC CONSUMER OUTREACH OBJECTIVE OR OTHER RELATED OUTCOME; AND/OR (V) WILL BE ACCURATE OR RELIABLE. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE PROPERTYRADAR OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, ANY COVERED PARTIES OR OTHERWISE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
IN NO EVENT WILL WE 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: (A) THIS AGREEMENT; (B) YOUR USE OF, OR INABILITY TO USE, THE PROPERTYRADAR OFFERINGS; (C) YOUR DISPLAYING, COPYING, OR DOWNLOADING OF ANY MATERIALS, THIRD PARTY CONTENT OR SUBMISSIONS TO OR FROM THE PROPERTYRADAR OFFERINGS; (D) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE PROPERTYRADAR OFFERINGS; (E) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR PERSONAL INFORMATION; AND/OR (F) THE FAILURE TO REALIZE ANY SPECIFIC CUSTOMER OUTREACH OBJECTIVE OR OTHER RELATED OUTCOME, 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 WE OR ANY OF OUR SUPPLIERS HAVE 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 OUR TOTAL, AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING THE SITES, MATERIALS AND/OR SERVICES) EXCEED THE TOTAL AMOUNT OF SUBSCRIPTION FEES PAID BY YOU TO US IN THE SIX-MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
You agree to fully indemnify and hold Us and any of Our 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 We or any other indemnified party suffers arising out of or relating to your use of the PropertyRadar Offerings; (b) any claim related to the TCPA Consent obtained from your Call Recipients; and/or (c) any violation of Applicable Law.
Feedback is Welcome
Any submissions by you to Us (e.g., comments, questions, suggestions, materials : collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email, social media) will be treated as both non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant Us an exclusive, transferable, worldwide, royalty-free, fully paid license (including the right to sublicense) to use and exploit all Feedback as We may determine in Our sole discretion. Notwithstanding the foregoing, you understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Dispute Resolution and Arbitration; Class Action Waiver
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against any of the Covered Parties. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
Local Laws; Export Control
We control and operate the PropertyRadar Offerings from Our headquarters in the United States of America and the PropertyRadar Offerings, Submissions and/or Third Party Content may not be appropriate or available for use in other locations. If you use the PropertyRadar Offerings, Submissions and/or Third Party Content outside the United States of America, you are responsible for following applicable local laws.
Terms which Survive
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, together with all other terms that by their nature continue and survive.
You may not assign this Agreement or any rights hereunder. We may at Our sole discretion assign this Agreement, or any rights hereunder, to any Affiliate, or any third party, without consent and without giving prior notice. Any purported assignment in violation of this section 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 this Agreement will be superseded by a valid and enforceable provision that most closely matches the intent of the original provision. The remainder of this Agreement shall remain in full effect. Our 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 entire agreement between you and Us 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, including any prior versions of this Agreement.
To the extent that anything in or associated with the PropertyRadar Offerings and/or Third Party Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. The parties do not intend that any agency or partnership relationship be created through operation of this Agreement. Any ambiguities in the interpretation of this Agreement shall not be construed against the drafting party. The headings in this Agreement are for convenience only and shall not be used in its interpretation.
Other than for payment obligations arising hereunder, neither party will be liable for, or will be considered to be in breach of, this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such party’s reasonable control and that such party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs (which shall include, without limitation, any disruption caused by COVID-19, commonly referred to as “coronavirus,” acts of God, telecommunications, Internet or network failure, results of vandalism or computer hacking, fire, storm or other natural occurrences, any conflicting order, direction, action or request of the federal, state and/or local governments or of any regulatory department, agency, commission, court or other instrumentality, or of any civil or military authority, national emergencies, insurrections, riots, wars, strikes, work stoppages or other such labor difficulties), the affected party will give prompt written notice to the other parties and will use commercially reasonable efforts to minimize the impact of such event. Notwithstanding the foregoing, the parties’ obligations to one another shall be excused and/or postponed during and only for the duration of the applicable force majeure event and shall resume as soon as practicable after the force majeure event has ended.
You acknowledge and agrees that you accept this Agreement via electronic means rather than via traditional handwritten signature (“Electronic Acceptance”). You acknowledge and agree that by clicking on the submit button, or taking such other action as may be designated by Us as a means of accepting this Agreement, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by this Agreement. Pursuant to any and all applicable statutes, regulations, rules, ordinances or other laws including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") and other similar state and federal statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE PROPERTYRADAR OFFERINGS. Further, you hereby waive any rights and/or requirements under any statutes, regulations, rules, ordinances or other law in any jurisdiction which requires an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means. You acknowledge and agree that you have the ability to print information delivered to you electronically, or otherwise know how to store that information in a way that ensures that it remains accessible to you in unchanged form.
Third Party Beneficiaries
The Covered Parties, as well as our suppliers and their respective suppliers, are intended third party beneficiaries of this Agreement with respect to the use of their data and information, and are entitled to directly enforce in their own names the rights and obligations of you and seek all legal and equitable remedies as they or We may have.