This is a contract. By using this website and its contents, including information, reports, images, products and data (collectively, the “Services”), you agree to be bound by these terms. These Terms of Use contain an agreement to arbitrate all Claims as well as disclaimers of warranties and limitations of liability. These provisions form an essential basis of our bargain. Please read these terms carefully. If you do not agree to these terms, do not access or use this website.
1. Acceptance of Terms Through Use.Service Provider makes Services available on the website subject to the following terms and conditions of use (the "Terms of Use"). These Terms of Use also apply to any updates, enhancements and new features and products. By using this website, you represent to Service Provider that you have read, understood, and agree to all terms, conditions, and notices contained or referenced in these Terms of Use and on the website and agree to follow all applicable laws and regulations.
2. Changes in these Terms of Use. Service Provider may modify these Terms of Use from time to time by posting modified Terms of Use on the website. Your continued use of the website thereafter constitutes agreement to such modifications. At the time of any material modifications, Service Provider may change the "Last Updated" date below. Please review these Terms of Use from time to time so that you are apprised of any changes.
3. Use of the Services. By using this website, you understand and agree that you have established a business relationship between you and Service Provider. You agree to use the Services solely for your personal use and for commercial use limited to your own transactions. To use the website, you represent that you are an adult resident of the United States of America, including its Commonwealths and Territories (collectively, the "USA"). By using the Services, you represent and warrant to the Service Provider that you are an adult resident of the USA. The website may be accessed from countries around the world and may contain references to Services that are not available where you are located or reside. These references do not imply that Service Provider currently offers or intends to offer such Services in your country.
By using or visiting this website, you agree that you will not insert false, fraudulent, indecent, or obscene information and that your usage will comply with all applicable state and federal laws. Any unauthorized use or misuse of the Services may be a cause for terminating your right to use the Services. Service Provider reserves the right, in its sole discretion, to terminate your access to any part of the website, with or without notice. If termination occurs in connection with a subscription service, Service Provider will refund the pro rata unused portion of your subscription fee following such termination.
To ensure that Service Provider provides a high-quality experience for you and other users of the website, you agree that Service Provider or its representatives may investigate complaints, allegations of abuse, infringement of third-party rights, or other unauthorized uses of this website. Service Provider will not disclose such an investigation unless required to do so by law. Service Provider will cooperate fully with any law enforcement agencies in their investigation of the violation of any applicable laws.
4. Authorized Use of website Services. Service Provider grants you a fully revocable, non-exclusive license to use the Services and view and print documents or information obtained on the website, subject to the following terms and conditions:
a. The documents or information may be used by you solely for informational purposes and will not be distributed to others who are not acting for you.
b. You will not charge any fee to any person in connection with the Services and information obtained by you on the website.
c. The Services or information obtained on the website will not be modified by you in any way.
d. You will not use the website to sell a product or service or to increase traffic to a website for commercial reasons. You will not take elements of the website and reformat or display them, or mirror them on another website.
e. All copyright or other proprietary notices that appear on the website or the materials downloaded or printed from the website, will appear on any copy of the document or portion that you make.
f. Service Provider reserves the right to revoke this license at any time. You agree that you and any person to whom you distribute the Services or information will immediately discontinue any use of the Services or information upon notice of revocation. If revocation occurs in connection with a subscription service, Service Provider will refund the pro rata unused portion of your subscription fee following such revocation.
The license granted by Service Provider does not include the layout or design of the website or logos, graphics, sounds, or images on the website. Elements of the website are protected by copyright, trade dress, or other laws and will not be imitated in whole or in part.
5. Reservation of Rights. Any rights not expressly granted in these Terms of Use are reserved by Service Provider, and Service Provider reserves the right to seek all remedies available by law and in equity for any violation of these Terms of Use.
6. Privacy Policy. Your privacy is important to Service Provider. You can learn more about the information collected about you in our Privacy Policy, which is incorporated fully into these Terms of Use.
7. Intellectual Property Notices. All images, text, sound, photos, custom graphics, button icons, the collection and compilation and assembly, and the overall "look and feel" and distinctiveness of the website constitute trade dress and the property of Service Provider. The absence on the website of a Service Provider product or service name, slogan, or logo does not constitute a waiver of Service Provider's trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols appearing on the website may be the trademarks and the property of their respective owners.
You agree that the Services available on the website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Service Provider, either in these Terms of Use or otherwise, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the information, services, or products. As noted in these Terms of Use, you may print or download information or products from the website for your own use, provided that you keep intact all copyright and other proprietary notices. Systematic retrieval of information, Services or products from the website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Service Provider is prohibited. In addition, use of the information, Services, or products for any purpose not expressly permitted in these Terms of Use is prohibited.
8. Links to Other websites and Related Disclaimer. The website may include links to other websites beyond the control of Service Provider. Service Provider provides you with these links solely for your convenience. Some of these websites may be co-branded (i.e., bear the name, logo, or both, of a third party provider and Service Provider). The provision of any link to another provider does not signify an endorsement by Service Provider of the provider’s website or the services offered by that provider. Service Provider has no control over, does not review, and cannot be responsible for the information contained on other websites. Your use of such websites is subject to that website’s terms of use and privacy policy. YOU AGREE THAT SERVICE PROVIDER IS NOT BE RESPONSIBLE OR LIABLE FOR LOSS OR DAMAGE YOU MAY INCUR AS THE RESULT OF A TRANSACTION YOU ENTER INTO THROUGH ANOTHER WEBSITE.
9. Potential Disruption of Service. Access to the website may from time to time be unavailable, delayed or limited due to, among other things: hardware failure; software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or content irregularities; system overload; damage caused by severe weather, natural disasters, war or acts of God; terrorism; interruption of power supplies; strike or other stoppage of labor; governmental or regulatory restrictions; or any other cause whatsoever beyond the control of Service Provider.
10. Disclaimers. The website is made available for informational purposes only and not intended to provide specific commercial, financial, investment or legal advice. The Services are based upon data that is subject to frequent change and collected from a number of sources, including public records. The Services provided on the website as to a particular property may not take into account such important factors as the condition of the property, current market conditions, or other factors that may significantly affect the value of the property. Service Provider does not guarantee the accuracy, timeliness, reliability or completeness of any of the Services.
The materials, information, products, and services included in or available through the website, including the images, text, databases, photos, custom graphics, compilation, assembly, and the overall look and distinctiveness of the website are provided "as is" and "as available." Service Provider disclaims all express or implied representations, warranties, guaranties, and conditions, including implied warranties or conditions of merchantability, fitness for a particular purpose, title, or non-infringement. Neither Service Provider nor its licensors make any representations, warranties, or guaranties as to the quality, reliability, suitability, truth, accuracy, or completeness of the website Content. Service Provider disclaims any representation or warranty that the website ITSELF OR ANY PRODUCT OR SERVICE OFFERED THROUGH THE WEBSITE will be available at any particular time or from any particular location OR that any defects or errors will be corrected. The website may include inaccuracies or typographical errors. Your use of the website is solely at your risk.
The Services do not comprise an appraisal of the subject property and should not be used in place of an actual appraisal by a certified appraiser.
You also may have other rights, which may vary from state to state and jurisdiction to jurisdiction.
11. Limitation of Liability. YOU AGREE THAT SERVICE PROVIDER WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE, INABILITY TO USE, OR RELIANCE ON THE SERVICE PROVIDER WEBSITE OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE. FOR THOSE JURISDICTIONS THAT EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS, THIS LIMITATION SHALL BE CONSTRUED TO PERMIT THE MAXIMUM EXCLUSION OR LIMITATION PERMITTED BY APPLICABLE LAW.
12. Indemnification of Service Provider. You will not use the Services for any unlawful purpose, or for any purpose not permitted by these Terms of Use. You agree to indemnify, defend and hold harmless Service Provider from any liability, loss, claim and expense (including REASONABLE attorneys’ fees) related to your violation of these Terms of Use, AND/or your use of the Services. You are solely responsible for defending any claim, subject to the Indemnified Party’s right to participate with counsel it selects, and you will not agree to any settlement that imposes any obligation, liability or admission of guilt on the part of the Indemnified Parties without prior written consent of the respective party. If you violate any provision of this section of the Terms of Use, Service Provider may terminate your access to the website without notice, and you have indemnity obligations to Service Provider and other third parties entitled to indemnification as a result of your violation of these Terms of Use.
13. Severability and Integration. Unless otherwise specified in these Terms of Use or the website, these Terms of Use constitutes the entire agreement between you and Service Provider with respect to the website and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Service Provider with respect to the website. If any part of these Terms of Use is held invalid or unenforceable, that portion is construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions remain in full effect.
14. Dispute Resolution. YOU AGREE THAT YOUR USE OF THIS WEBSITE CONSTITUTES A TRANSACTION IN INTERSTATE COMMERCE AND THAT Any claim or controversy arising out of or relating to the use of this website or to any acts or omissions for which you may contend Service Provider is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration PURSUANT TO THE FEDERAL ARBITRATION ACT, 9 U.S.C. § 1 ET SEQ.
YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.
The arbitration will be held before one arbitrator under the arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitration will be conducted in Orange County, California. The arbitrator will be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, you will select an arbitrator from a panel of arbitrators acceptable to Service Provider. In any arbitration, Service Provider will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand.
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The arbitrators will not have the power to multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate will not be construed as an agreement to the joinder or consolidation of an arbitration under these Terms of Use with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
Should a dispute arise and should the arbitration provisions become inapplicable or unenforceable, you agree that jurisdiction over and venue of any suit will be exclusively in the state and federal courts sitting in Orange County, California. If either party employs attorneys to enforce any right in connection with any dispute or lawsuit the prevailing party is entitled to recover reasonable attorneys' fees.
15. Governing Law. You agree that all matters relating to your access to, or use of, the website, and all matters relating to these Terms of Use are governed by the laws of the State of California, which apply in all respects, including statutes of limitation. No choice of law rules of any jurisdiction will apply to nullify this choice of law.
16. Non-Waiver.Service Provider's failure to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of that right or provision.
17. Assignment.Service Provider may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use or assign, transfer or sublicense your rights, if any, in the Service.
Please print or download a copy of this Agreement for your records.