Terms and Conditions of Use Agreement

Read These Terms of Use Agreement Before Accessing Website.

Effective Date:  This Terms of Use Agreement was last updated on 11/21/2016.

 
Agreement between User and The Property Report
Use of this website is governed by the Terms and Conditions described below. Please read them
carefully. Your use of this website indicates your acceptance aof these terms and conditions.
ThePropertyReport.com reserves the right to make modifications to these Terms & Conditions of
Use at any time and without notice to users. You accept the obligation to review these Terms &
Conditions of Use prior to each use, and your use of this website constitutes an acceptance to be
bound by any modifications. These Terms and Conditions of Use are referred to hereafter as the
“Terms."
 
The Property Report website, www.thepropertyreport.com, (the "Site") is comprised of various
web pages operated by Intelligent Property Solutions, Inc. doing business as “The Property
Report”. The Property Report is a Real Estate Information Site. We provide detailed property
information, analytics and intelligence. We curate high level property data and apply advanced
logic and analytics to create valuable insights into the data. In applying these mechanisms, we
will uncover certain things about a property such as violations, tax liens, penalties (money owed)
etc. While The Property Report puts all best efforts to verify and cleanse records of errors
(manually and programmatically), we cannot guarantee any accuracy or be liable for data issues
from sources or errors and omissions.
 
Informational Purposes Only
The information on this Site is for informational purposes only. Without limiting anything else in
these Terms or otherwise, The Property Report is not responsible for any errors or omissions in
the Site or Site Materials, as defined in these Terms and Conditions. The Site is not intended to
be a substitute for professional real estate, legal, contractual or other advice, and The Property
Report no way represents or warrants that the Site provides any such advice or assurances.
Purchase, financing and other decisions remain with you at all times.
 
Privacy
Your use of the Site is subject to The Property Report's Privacy Policy. Please review our Privacy
Policy, which also governs the Site and informs users of our data collection practices.
 
Electronic Communications
Visiting www.thepropertyreport.com or sending emails to The Property Report constitutes
electronic communications. You consent to receive electronic communications and you agree
that all agreements, notices, disclosures and other communications that we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such communications
be in writing.
 
Your account
If you use this Site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise
transfer your account to any other person or entity. You acknowledge that The Property Report is
not responsible for third party access to your account that results from theft or misappropriation
of your account. The Property Report and its associates reserve the right to refuse or cancel
service, terminate accounts, or remove or edit content in our sole discretion.
The Property Report does not knowingly collect, either online or offline, personal information
from persons under the age of thirteen. If you are under 18, you may use the Site only with
permission of a parent or guardian.
 
Cancellation/Refund Policy
You may cancel your subscription at any time. Your account will remain active through end of
the subscription month.
 
Links to Third Party Sites/Third Party Services
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the
control of The Property Report and The Property Report is not responsible for the contents of
any Linked Site, including without limitation any link contained in a Linked Site, or any changes
or updates to a Linked Site. The Property Report is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by The Property Report
of the site or any association with its operators.
 
Certain services made available via the Site are delivered by third party sites and organizations.
By using any product, service or functionality originating from the www.thepropertyreport.com
domain, you hereby acknowledge and consent that The Property Report may share such
information and data with any third party with whom The Property Report has a contractual
relationship to provide the requested product, service or functionality on behalf of The Property
Report users and customers.
 
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site
strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant
to The Property Report that you will not use the Site for any purpose that is unlawful or
prohibited by these Terms. You may not use the Site in any manner which could damage, disable,
overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
You may not obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Site.
 
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of The Property Report or
its suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes
thereto.
 
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
The Property Report content is not for resale. Your use of the Site does not entitle you to make
any unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of The Property Report and the copyright owner. You agree that you do not acquire
any ownership rights in any protected content. We do not grant you any licenses, express or
implied, to the intellectual property of The Property Report or our licensors except as expressly
authorized by these Terms.
 
User is prohibited from, and shall not, develop, market or sell any Competitive Service based on
or derived in any way from Proprietary Information or from the benefits of know-how resulting
from access to or work with The Property Report’s confidential information. The term "benefits
of know how" means information in non-tangible form which may be retained by persons who
have had access to the Confidential Information, including ideas, concepts, know how or
techniques contained therein.
 
International Users
The Service is controlled, operated and administered by The Property Report from our offices
within the USA. If you access the Service from a location outside the USA, you are responsible
for compliance with all local laws. You agree that you will not use the The Property Report
Content accessed through www.thepropertyreport.com in any country or in any manner
prohibited by any applicable laws, restrictions or regulations.
 
Content Submitted by Users or Made Available for Inclusion on the Site
The Property Report does not claim ownership of Content you submit or make available for
inclusion on the Service. However, with respect to Content you submit or make available for
inclusion on publicly accessible areas of the Site, you grant The Property Report the following
worldwide, royalty-free and non-exclusive license(s), as applicable:
(1) With respect to photos and graphics you submit or make available for inclusion on the Site,
the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display
such Content on the Site solely for the purpose for which such Content was submitted or made
available. This license exists only for as long as you elect to continue to include such Content on
the Site and will terminate at the time you remove or The Property Report removes such Content
from the Site.
(2) With respect to Content other than photos or graphics you submit or make available for
inclusion on the Site, the perpetual, irrevocable and fully sub-licensable license to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content
(in whole or in part) and to incorporate such Content into other works in any format or medium
now known or later developed.
 
Indemnification
You agree to indemnify, defend and hold harmless The Property Report, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or
regulations. The Property Report reserves the right, at its own cost, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you, in which event
you will fully cooperate with The Property Report in asserting any available defenses.
 
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial
purposes, any portion of the Site (including your ThePropertyReport.com User ID or password),
use of the Site, or access to the Site. Unless otherwise agreed with The Property Report in
writing, your user ID and password is for the use of one and only person, you.
 
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a
single neutral arbitrator and administered by the American Arbitration Association, or a similar
arbitration service selected by the parties, in a location mutually agreed upon by the parties. The
arbitrators award shall be final, and judgment may be entered upon it in any court having
jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of
or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs
and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to
these Terms and Conditions or any disputes arising as a result of these Terms and Conditions,
whether directly or indirectly, including Tort claims that are a result of these Terms and
Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and
enforcement of this provision. The entire dispute, including the scope and enforceability of this
arbitration provision shall be determined by the Arbitrator. This arbitration provision shall
survive the termination of these Terms and Conditions.
 
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS
IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.
Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more
than one person's claims, and may not otherwise preside over any form of a representative or
class proceeding.
 
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. INTELLIGENT PROPERTY SOLUTIONS, INC. (THE
PROPERTY REPORT) AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE SITE AT ANY TIME.
 
INTELLIGENT PROPERTY SOLUTIONS, INC. (THE PROPERTY REPORT) AND/OR ITS
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR
ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
INTELLIGENT PROPERTY SOLUTIONS, INC. (THE PROPERTY REPORT) AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
 
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL INTELLIGENT PROPERTY SOLUTIONS, INC. (THE PROPERTY REPORT) AND/
OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE,
DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE
OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE
SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT
OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF INTELLIGENT PROPERTY SOLUTIONS,
INC. (THE PROPERTY REPORT) OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU
ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
THE SITE.
 
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM THEPROPERTYREPORT.COM OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
 
Termination/Access Restriction
The Property Report reserves the right, in its sole discretion, to terminate your access to the Site
and the related services or any portion thereof at any time, without notice. To the maximum
extent permitted by law, this agreement is governed by the laws of the State of New York and
you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes
arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction
that does not give effect to all provisions of these Terms, including, without limitation, this
section.
 
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and The Property Report as a result of this agreement or use of the Site. The Property
Report's performance of this agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of The Property Report's right to comply with
governmental, court and law enforcement requests or requirements relating to your use of the
Site or information provided to or gathered by The Property Report with respect to such use. If
any part of this agreement is determined to be invalid or unenforceable pursuant to applicable
law including, but not limited to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect.
 
Unless otherwise specified herein, this agreement constitutes the entire agreement between the
user and The Property Report with respect to the Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written, between
the user and The Property Report with respect to the Site. A printed version of this agreement and
of any notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and maintained in
printed form. It is the express wish to the parties that this agreement and all related documents be
written in English.
 
Changes to Terms
The Property Report reserves the right, in its sole discretion, to change the Terms under which
www.thepropertyreport.com is offered. The most current version of the Terms will supersede all
previous versions. The Property Report encourages you to periodically review the Terms to stay
informed of our updates.
 
Contact Us
The Property Report welcomes your questions or comments regarding the Terms:
 
Intelligent Property Solutions, Inc.
25 Broadway, 9th Floor
New York, New York 10004
 
Email Address:
support@thepropertyreport.com
 
Effective as of November 21, 2016