Yardi Systems, Inc. and its affiliated entities (“Yardi”) is committed to protecting the privacy of individuals and achieving and maintaining the trust of our clients (“Yardi Clients” or “Clients”) and other users of and visitors to Yardi websites (collectively, “Visitors”). Central to this mission is providing a robust security and privacy program that carefully considers data protection matters across the suite of products and services offered by Yardi (“Yardi Services” or “Services”), including data stored by Yardi on behalf of its Clients and their customers in connection with our Services (“Client Data”), as well as the personal data (including such data as defined by the EU General Data Protection Regulation) provided by Clients and Visitors who visit www.Yardi.com, associated Yardi microsites and any other Yardi-controlled websites that link to this Privacy Statement (collectively, the “Yardi Sites”).
Web Sites Covered
Web Sites Not Covered
Yardi is committed to promoting privacy principles and providing as much information to individuals as legally and contractually possible about the processing of their personal data. In that light, some Yardi Client-controlled websites that are created and maintained by Yardi Services may include privacy statements directly from Yardi to the users of such websites. Yardi is committed to adhering to such privacy statements. We provide these statements, or disclosures to identify Yardi as the data processor/technology platform, to disclose Yardi’s privacy practices with respect to such Client Data, and to inform the user to seek information about the privacy practices governing the website directly from the corresponding Yardi Client. To be clear, Yardi’s privacy statements on such Yardi Client controlled websites are applicable only to Yardi, and not the Yardi Client. In such privacy statements, Yardi discloses how Yardi uses and processes the information collected by and submitted to the website controlled by the Yardi Client. For the avoidance of any doubt, if you submitted personal data to a Yardi Client-controlled website created and maintained by Yardi Services (e.g. RENTCafé resident portals) and you wish to exercise any rights you may have to access, correct, amend or delete such Client Data, please inquire with the Yardi Client directly.
Some Yardi Sites may be created and managed by Yardi Clients. Most of these websites are not accessible via the public internet. Regardless, please know that this Privacy Statement is not applicable to those websites, which are instead governed by the privacy statement of the Yardi Client that creates and manages the website. In addition, the Yardi Sites may contain links to other third-party websites. The information practices or content of such other websites is governed by the privacy statements of such other websites. Yardi encourages you to review the privacy statements of such other websites to understand their information practices.
Information We Collect
Personally Identifiable Information. Yardi collects personally identifiable information on this Site only if you provide it. This may include, but not be limited to: the process of registering to attend an event, applying for employment with Yardi or by contacting Yardi for some other reason through a web form. In these cases only, we will require you to provide information necessary to fulfill your request, such as your name and email address.
Generic User Information. As you navigate the Yardi Sites, Yardi may also collect generic user information through the use of commonly-used information-gathering tools, such as cookies and Web beacons. This information includes standard information from your Web browser (e.g. browser type and browser language), your Internet Protocol (“IP”) address, the URL of the page that referred you and the actions you take on the Yardi Sites (e.g. the web pages viewed, the survey responses you submit, the links clicked, etc.).
Personal information collected from government agencies. We recognize that publishing public information about real property necessarily involves the publication of information about people. The information provided on this site may be subject to the Freedom of Information Act, the corollary state laws, and the First Amendment.
As a courtesy, we generally permit limited suppression of personal information for homeowners with regard to their primary residence only. If you wish to have your personal information removed from this website, contact us. You will need to provide documented proof that you are the person in question and that you live at the residence, and we will take steps to remove references to your information on the site. As our site is updated regularly, we cannot guarantee that any such changes will be permanent, and you may wish to check the website periodically.
Phone number data is the responsibility of your telephone service provider or the public agency which provided it. If you wish to have your phone number removed from the site, contact your provider or the appropriate agency to have your phone number de-listed or removed. It may take three to six months for this change to appear on the site.
How We Use Information We Collect
Yardi uses the information you submit on the Yardi Sites solely to perform the services or activity being requested and to present its content to you. However, personal data will never be sold or rented. We may use third parties to perform services related to the services or activity requested, such as payment processing for any applicable fees associated with an event or transaction. These third parties have access to the information you submit only to perform these tasks on our behalf.
Our legal basis for collecting and using the information and personal data described in this Privacy Statement will depend on the information or personal data concerned and the specific context in which we collect it. However, we will normally collect personal data from you only where we have your consent to do so, where we need the personal data to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal data from you.
Public Forums and Customer Testimonials
Yardi may provide bulletin boards, blogs or chat rooms on Yardi Sites. Any information or personal information you choose to submit in such a forum may be read, collected or used by others who visit these forums, and may be used to send you unsolicited messages. Yardi is not responsible for any information or personal data you choose to submit in these public forums.
Yardi may post a list of clients and testimonials on Yardi Sites that contain information such as client names and titles. Yardi obtains the consent of each such person prior to posting any information on such a list or posting testimonials.
Information We Share
As described above, Yardi may share your personal data with contracted service providers so that these service providers can provide services on our behalf. Yardi does not share, sell, rent or trade any personal data to or with third parties for their promotional or marketing purposes.
Yardi may share your personal data with affiliates of Yardi for the purpose of any necessary collaboration. For example, Yardi may need to share your information with an affiliate for job application and employment purposes.
Yardi may share your personal data with a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Yardi’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal data held by Yardi about our Visitors is among the assets transferred.
Yardi reserves the right to use or disclose information and personal data provided on the Yardi Sites if required by law or if Yardi reasonably believes that such use or disclosure is necessary to protect Yardi’s rights and/or to comply with a judicial proceeding, court order or legal process.
International Transfer of Information
To facilitate Yardi’s global operations, Yardi may store, transfer and access the information and personal data you submit on the Yardi Sites around the world, including the United States, Canada and other countries in which Yardi has operations. This Privacy Statement shall apply even if Yardi transfers such information or personal data to other countries. By registering to attend an event, contacting us through our web form or providing information or personal data to us on any Yardi Sites in any other context, you consent to the transfer of your information and personal data among these facilities, including those located outside your home country.
If you are located in the European Economic Area (“EEA”), we will comply with applicable legal requirements providing adequate protection for the transfer of personal data to recipients in countries outside of the EEA. In all such cases, we will only transfer your personal data if:
The country to which the personal data will be transferred has been granted a European Commission adequacy decision;
The recipient of the personal data is located in the U.S. and has certified to the EU-U.S. Privacy Shield Framework; or
We have put in place appropriate safeguards with respect to the transfer, for example the EU Model Clauses.
You may request a copy of the safeguards that we have put in place in respect of transfers of personal data by contacting us as described in the How to Contact Us section below.
Yardi offers Visitors who provide contact information a means to choose how Yardi uses the information provided. You may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of Yardi’s marketing emails. Additionally, you may specify your communications preferences using our Privacy Feedback form. Yardi Clients cannot opt out of receiving transactional emails related to their account with Yardi or the Services.
Your California Privacy Rights
As already stated elsewhere in this Privacy Statement, and in accordance with California Civil Code Section § 1798.83, please know that Yardi does not disclose personal data collected on the Yardi Sites to third parties for their direct marketing purposes. (California Civil Code Section § 1798.83 permits users of a website that are California residents to request certain information regarding the disclosure of personal data to third parties for their direct marketing purposes).
Children Under the Age of 16
Yardi Sites are not intended for children under 16 years of age. No one under age 16 may provide any information to, or on, any Yardi Sites. We do not knowingly collect personal data from children under 16. If you are under 16, do not use any Yardi Sites, and do not provide any information via any Yardi Sites. If we learn we have collected or received personal data from a child under 16 without verification of parental consent, we will delete that data. If you believe any Yardi Sites may have collected personal data from or about a child under 16, please contact our Legal Department at (800) 866-1124.
Rights of Individuals
Visitors who wish to correct, update, change, or erase the personal data they submit on any Yardi Sites should be able to go back to the applicable registration page or web form to edit their user or organization record. However, some of the information voluntarily submitted that is not personal data, such as a response to a poll or a survey, is typically aggregated and thus not correctable, updatable, changeable, or erasable. For additional information or problems accessing your information from such page, call us at (800) 866-1124, or contact us at [email protected].
If you consider that we have processed your personal data in violation of applicable law and failed to remedy such violation to your reasonable satisfaction, you may also lodge a complaint with the data protection supervisory authority in your country.
Yardi retains the personal data we receive on the Yardi Sites for the duration of your relationship with Yardi, plus a reasonable period thereafter as necessary to fulfil the purposes described above. Retention periods may be extended if we are required to preserve your personal data because of litigation, investigations and other similar proceedings, or if a longer retention period is required or permitted by applicable law.
Yardi is committed to protecting the security of any personal data you provide to us. Yardi uses appropriate administrative, technical, and physical security measures to protect any such information you submit. Despite these protections, no one, including Yardi, can guarantee the security of any data submitted over the Internet.
Digital Millennium Copyright Act (“DMCA”) Notice
Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the “Act”), Yardi reserves the right, but not the obligation, to terminate your right to use any Yardi Sites if Yardi determines in its sole and absolute discretion, that you are involved in any activity that may be infringing, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing. Yardi accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to the Act, Yardi has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. You may contact the designated agent of Yardi to receive notification of claimed infringement at: [email protected] or via mail Attn: DMCA Agent – Legal Department, Yardi Systems, Inc., 430 S. Fairview Avenue, Santa Barbara CA 93117.
Yardi respects the intellectual property of others, and we ask our Visitors to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the designated agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Yardi Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Changes to this Privacy Statement
Yardi reserves the right to change this Privacy Statement from time to time. Your continued use of any Yardi Sites after we make changes is deemed to be acceptance of those changes, so please check this Privacy Statement periodically for updates.
If you have any questions about this Privacy Statement, or you would like to exercise any of your rights, please let us know by contacting us using any of the methods below:
By phone at: +1 (800) 866-1124
By email at: [email protected]
In writing at: Attention – Privacy Manager, 430 S. Fairview, Santa Barbara, CA 93117, USA
Last Updated: November 20, 2018
PropertyShark.com Terms and Conditions of Use
1. ACCEPTANCE OF TERMS
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 of these terms and conditions. PropertyShark.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 "Agreement".
In addition, when using particular PropertyShark.com owned or operated services, you and PropertyShark.com shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or are hereby incorporated by reference into the Agreement.
2. DESCRIPTION OF SERVICE
The term "Service" shall mean the Internet web pages, data, analyses, screens, reports, documentation, spreadsheets, photographs, maps and other information of any kind that are accessible through the PropertyShark.com web application, which application is currently located at various URLs owned and operated by PropertyShark.com, as well as all updates, enhancements and modifications thereto, and all intellectual property contained therein. In addition, the meaning of "Service" shall include all correspondence, email, or data sent by PropertyShark.com personnel or agents.
You also understand and agree that the Service may include advertisements or links to third party websites. You also understand and agree that the Service may include certain communications from PropertyShark.com, such as service announcements, administrative messages and various emails, which may include attachments. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new PropertyShark.com properties, shall be subject to the Agreement. You understand and agree that the Service is provided "AS-IS" and that PropertyShark.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
A valid credit card is required to subscribe to our Service. After your first purchase, your credit card information will be saved by our payment service gateway partner, Yardi Card Services. This is to ensure full protection of your billing information, as PropertyShark.com does not store your complete billing information. You agree to these terms by clicking the Make Payment button.
Auto-Renewal. All subscriptions will automatically renew to preserve continuity of the services. Memberships, including those that were discounted, will auto-renew at the regular price in effect on the date the user subscribed, unless PropertyShark notifies the user of a price change. If the user has not cancelled their membership or turned off the auto-renew function within the specified time after receiving notice of a price change, the user's membership subscription will auto-renew at the price indicated in the notice.
Cancellation. In order to cancel and not be charged for renewal, the user must cancel before their renewal date. If the user does not cancel, the subscription will auto-renew as described in the "Auto-Renewal Policy" section. To cancel a subscription, please contact client services at (718) 715-1758, or go into "my account" and deselect the auto-renew option.
For fixed-period subscriptions, we have a five-business-day full refund policy. There are no refunds after the five business days have passed. Please contact us by email or telephone to arrange a cancellation. Due to changes in our payment processor, it may take up to 48 hours to be issued a refund for transactions done on our website by credit card.
A free account option is available on PropertyShark, accessible to all users after completing a registration form. No credit card information is required, but users must fill in their Name, Phone Number, Email address, primary role in real estate, as well as their region of interest. This option will grant you access to 1 free report per lifetime. The free account will let you browse for sale / for lease listings, and run deep owner searches with the first 3 results available, while also allowing you to access some PropertyShark maps up to a certain zoom level. A free account will allow you to run 3 comparables searches per day with the first 3 results available. Additional services like Foreclosures and Pre-Foreclosures listings, REOs and Lead Generation Tools are not accessible via a free account.
3.1 Proprietary Information. User acknowledges and agrees that: (i) the Service, including, without limitation, any modifications, enhancements and updates, and any originals and copies thereof, in whole or in part, and all intellectual property rights therein (collectively, "Proprietary Information"), is owned by PropertyShark.com and its third party content providers ("Content Providers"), as applicable; (ii) the Proprietary Information contains valuable copyrighted and proprietary material of PropertyShark.com; (iii) the Proprietary Information is licensed, rather than sold, to User pursuant to this Agreement; and (iv) User has no rights in the Proprietary Information, other than the rights and licenses granted to User pursuant to this Agreement. PropertyShark.com may disclose additional information to User in the form of upgrades, documentation or other support during the term of this Agreement and User agrees that such information shall also be deemed Proprietary Information.
3.2 Confidentiality. User hereby acknowledges that PropertyShark.com may disclose to User, as part of or in conjunction with Proprietary Information, valuable confidential information of PropertyShark.com. User agrees to hold all such confidential information in confidence and not to disclose such confidential information to anyone other than User's employees with a bona fide need to know, provided such employees are governed by a parallel confidentiality obligation of equal or greater force. Additionally, User agrees to use at least that degree of care which User uses to protect User's own information of a similar confidential nature, but in no event less than reasonable protection. Excluded from such confidential information is information which, as proven by User by clear and convincing evidence, was in User's possession without confidential limitation prior to disclosure, is known or becomes known to the general public without breach of this Agreement, is received rightfully by User without confidentiality limitations from a third party, or is disclosed publicly by PropertyShark.com without substantially similar confidentiality restrictions. This confidentiality obligation is to survive the termination, expiration or cancellation of this Agreement for any cause whatsoever, and to remain in force in perpetuity.
3.3 Competitive Services. 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 PropertyShark.com'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.
4. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or PropertyShark.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PropertyShark.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
6. USER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify PropertyShark.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. PropertyShark.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
7. USER CONDUCT
You understand that all information, data, text, photographs, graphics, video, maps, messages, tags, or other materials ("Content") are the sole responsibility of the person from whom such Content originated. This means that you, and not PropertyShark.com, are entirely responsible for all Content that you make available via the Service. PropertyShark.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will PropertyShark.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Service.
You agree to not use the Service to:
- make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a PropertyShark.com official, falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as forums) that are designated for such purpose (please read our complete spam policy);
- make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law;
You acknowledge that PropertyShark.com may or may not pre-screen Content, but that PropertyShark.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service, including, but not limited to, for sale listings and photographs. Without limiting the foregoing, PropertyShark.com and its designees shall have the right to remove any Content that violates the Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by PropertyShark.com or submitted to PropertyShark.com, including without limitation information in PropertyShark.com forums and in all other parts of the Service.
You acknowledge, consent and agree that PropertyShark.com may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of PropertyShark.com, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by PropertyShark.com and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
We try to provide good customer service to all of our customers, but we also ask that customers interact with our customer service team in a professional and polite manner. We do not ask our customer service team to suffer verbal abuse (for example, yelling or insulting or derogatory or overly personal language). If we feel that a customer is treating our customer service team poorly, we will close the customer's account and give the customer a pro-rated refund.
8. INTERSTATE NATURE OF COMMUNICATIONS ON PROPERTYSHARK.COM NETWORK
When you register with PropertyShark.com, you acknowledge that in using PropertyShark.com services to send electronic communications (including but not limited to search queries, uploading photos and files to PropertyShark.com, and other Internet activities), you will be causing communications to be sent through PropertyShark.com's computer networks, portions of which are located in New York and other locations in the United States and portions of which may be located abroad. As a result, and also as a result of PropertyShark.com's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Agreement, you acknowledge that use of the service results in interstate data transmissions.
9. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
10. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
PropertyShark.com 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 Service, you grant PropertyShark.com the following worldwide, royalty-free and non-exclusive license(s), as applicable:
- With respect to photos and graphics you submit or make available for inclusion on the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service 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 Service and will terminate at the time you remove or PropertyShark.com removes such Content from the Service.
- With respect to Content other than photos or graphics you submit or make available for inclusion on the Service, the perpetual, irrevocable and fully sublicensable 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.
You agree to indemnify and hold PropertyShark.com and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Agreement, or your violation of any rights of another.
12. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your PropertyShark.com User ID or password), use of the Service, or access to the Service. Unless otherwise agreed with PropertyShark.com in writing, your user ID and password is for the use of one and only person, you.
13. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that PropertyShark.com may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that uploaded Content will be retained by the Service and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that PropertyShark.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that PropertyShark.com reserves the right to log off accounts that are inactive for an extended period of time or exceed PropertyShark.com's usage limits, which are determined at the sole discretion of PropertyShark.com. You further acknowledge that PropertyShark.com reserves the right to modify these general practices and limits from time to time.
14. MODIFICATIONS TO SERVICE
PropertyShark.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that PropertyShark.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that PropertyShark.com may, under certain circumstances and without prior notice, immediately terminate your PropertyShark.com account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your PropertyShark.com account includes (a) removal of access to all offerings within the Service, including but not limited to PropertyShark.com Property Reports, Comparable Sales, Foreclosures, Pre-Foreclosures, Photographs, Phone Numbers, and Maps, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in PropertyShark.com's sole discretion and that PropertyShark.com shall not be liable to you or any third party for any termination of your account or access to the Service.
16. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that PropertyShark.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because PropertyShark.com has no control over such sites and resources, you acknowledge and agree that PropertyShark.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that PropertyShark.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
18. PROPERTYSHARK.COM'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by PropertyShark.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
PropertyShark.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by PropertyShark.com for use in accessing the Service. You agree not to access or copy any portion of the Service through any automated viewing and downloading systems.
19. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PROPERTYSHARK.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- PROPERTYSHARK.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROPERTYSHARK.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
20. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROPERTYSHARK.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROPERTYSHARK.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
21. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning investments or real estate transactions, please read the above Sections 18 and 19 again. They are especially relevant to you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for investing or real estate transaction purposes. PropertyShark.com and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any investment or real estate transaction decisions based on such information.
22. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement.
PropertyShark.com may provide you with notices, including those regarding changes to the Agreement, by email, regular mail or postings on the Service.
24. TRADEMARK INFORMATION
The PropertyShark.com, PropertyShark.com logo, FreePropertyLookup.com, and NYCPropertyResearch.com trademarks and service marks and other PropertyShark.com logos and product and service names are trademarks of PropertyShark.com. (the "PropertyShark.com Marks"). Without PropertyShark.com's prior permission, you agree not to display or use in any manner the PropertyShark.com Marks.
25. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
PropertyShark.com respects the intellectual property of others, and we ask our users to do the same. PropertyShark.com may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide PropertyShark.com's Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
PropertyShark.com's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
60 E 42nd St, Suite 2130,
New York, NY 10165
By phone: (718) 715-1758
By fax: (646) 732-7760
By email: [email protected]
26. ADHERENCE TO LOCAL, STATE, AND FEDERAL LAWSYou agree that you are solely responsible for your use of PropertyShark.com, including names, addresses, and telephone numbers. You agree that you are aware of any local, state, and federal laws regarding the use of such information, including but not limited to privacy, do-not-mail, and do-not-call statutes, and you shall observe all such laws. You agree to indemnify and hold PropertyShark.com and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless for any breach of such laws on your part.
27. GENERAL INFORMATION
27.1 Entire Agreement. The Agreement constitutes the entire agreement between you and PropertyShark.com and governs your use of the Service, superseding any prior agreements between you and PropertyShark.com with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other PropertyShark.com services, affiliate services, third-party content or third-party software.
27.2 Choice of Law and Forum. The Agreement and the relationship between you and PropertyShark.com shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and PropertyShark.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Kings, New York.
27.3 Waiver and Severability of Terms. The failure of PropertyShark.com to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
27.4 No Right of Survivorship and Non-Transferability. You agree that your PropertyShark.com account is non-transferable and any rights to your PropertyShark.com ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
27.5 Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Agreement are for convenience only and have no legal or contractual effect.
Please report any violations of the Agreement to our Customer Service group at [email protected].