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Terms of Service

Last Updated: August 1, 2023

Welcome to PropertyIQ.com. PropertyIQ, Inc. ("PropertyIQ," "Company," " we," or " us") recommends that you read the following terms of service carefully. By accessing or using the PropertyIQ.com website, including any mobile applications or software provided by us (collectively, the " Platform"), however access or used, you agree to be bound by these terms (the " Terms of Service" or the "Agreement").

By using the Platform, you agree to be bound by this Agreement, constituting a legally binding contract between PropertyIQ and you concerning your use of the Platform. We encourage you to print the Agreement or save it to your computer for reference.

If you do not understand this Agreement, or do not agree to be bound by it or our Privacy Policy, you may not access or use the Platform, and you must immediately cease accessing or using the Platform.

These terms contain provisions that require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the even of a dispute. Please see Section 10 below for full details.

Privacy Policy

We take your privacy very seriously; as such, our Privacy Policy is an important part of this Agreement. The Privacy Policy explains how we collect information from you and how we use and share that information to provide the Platform. We encourage you to review it.

About The Services

What We Do

PropertyIQ provides comprehensive property reports that help you make informed real estate decisions. We acquire our property reports from third parties that aggregate public property records from government agencies. Because human errors may occur when information is entered into those government records, we assume no liability for those errors and suggest you confirm information with the appropriate government agency.

What We Don't Do

The Platform is not intended to provide you with any financial, real estate, legal, or related advice of any kind. The property reports are public records, and no investigation is made into their accuracy. We do not write the reports and have no ability to correct the information reported thereon. THE PROPERTY REPORTS ARE NOT INTENDED TO BE A SUBSTITUTE FOR A PROFESSIONAL TITLE REPORT OR YOUR LOCAL CLERK'S OR RECORDER'S PROPERTY RECORDS.

Eligibility

By accessing and/or using the Platform, including by doing so after accessing this Agreement, you represent and warrant that you are at least 18 years old, and are otherwise legally qualified to enter into and form contracts under applicable law in the jurisdiction of your residence. If you are using the Platform on behalf of a company, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that company.

Your Use Of The Platform

License To Use The Platform

Subject to your compliance with these Terms of Service, PropertyIQ grants you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access the PropertyIQ website (located at the following URLs: PropertyIQ.com), and to use the Platform. No part of the Platform, including the PropertyIQ website, may be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior express written consent of PropertyIQ.

All rights not expressly granted in this Agreement are reserved by PropertyIQ. Without limitation, this Agreement grants you no rights to the intellectual property of PropertyIQ or any other party, except as expressly stated in this Agreement. The license granted in this section is conditioned on your compliance with this Agreement. Your rights under this Section will immediately terminate if, in the sole judgment of PropertyIQ, you have breached any provision of this Agreement.

Your Account

To access some features of the Platform, you may be required to register for an account (your "Account"). When you register for an Account you will be asked to provide us with information about yourself, such as an email address or other contact information. You agree that the information you provide is accurate and that you will keep it accurate and up to date at all times.

When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your Account and password, and you are responsible for all actions taken via your Account. You may not share your user Account(s) with others. Should you believe that your account has been used without your permission you agree to notify us immediately by sending an email to support@propertyIQ.com. Unless you have entered into a commercial agreement with us permitting you to use the Platform for transactions on behalf of another person, you may only use the Platform for transactions on your own behalf.

Prohibited Conduct

PropertyIQ imposes certain restrictions on your use of the Platform. The following are expressly prohibited:

  • Providing false, misleading, or inaccurate information to PropertyIQ or any other person in connection with the Platform.
  • Impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity.
  • Providing reviews or other content to the Platform, that in the sole discretion of PropertyIQ, is defamatory, hate speech, discriminatory, incites violence, pornographic or obscene, or violates any state or federal laws.
  • Modifying or changing the placement and location of any advertisement posted through the Platform.
  • Harvesting or otherwise collecting information about users, including email addresses and phone numbers.
  • Without express written permission from PropertyIQ, using or attempting to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Platform for any use.
  • Accessing content or data not intended for you, or logging into a server or account that you are not authorized to access.
  • Attempting to probe, scan, or test the vulnerability of the Platform, or any associated system or network, or breaching security or authentication measures without proper authorization.
  • Interfering or attempt to interfere with the use of the Platform by any other user, host, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities.
  • Forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Platform (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers).
  • While using the Platform, using ad-blocking or other content-blocking software, browser extensions, or built-in browser options designed to hide, block, or prevent the proper display of online advertising.
  • Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the company parties in providing the Platform, including without limitation any fraudulent effort to modify software or any other technological mechanism for measuring the number of impressions generated by individual content and/or the overall Platform to determine and/or audit advertising revenues and payments, if applicable.
  • Creating additional accounts to promote your (or another's) business, or causing others to do so.

Third-Party Content And Services

Third-Party Content

Opinions, advice, statements, or other information made available through the Platform by third parties, such as other users, are those of their respective authors, and should not necessarily be relied upon. Those authors are solely responsible for their content. PropertyIQ does not guarantee the accuracy, completeness, or usefulness of any third-party information in any company or otherwise accessible on or through the Platform and will not be responsible for any loss or damage resulting from your reliance on third-party information.

Third-Party Services

The Platform may be linked with the services of third parties ("Third Party Services"), some of whom may have established relationships with PropertyIQ and some of whom do not. PropertyIQ does not have control over the content and performance of Third-Party Services.

PropertyIQ has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on Third Party Services. Accordingly, PropertyIQ does not represent, warrant, or endorse any Third-Party Services, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third Party Services.

Intellectual Property

PropertyIQ, the PropertyIQ logo, PropertyIQ's website domain(s), and all content and other materials available through the Platform (collectively, the "Company IP") are the trademarks, copyrights, and intellectual property of and owned by PropertyIQ or its licensors and suppliers. Neither your use of the Platform nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Company IP. You agree that any goodwill in the Company IP generated as a result of your use of the Platform will inure to the benefit of PropertyIQ, and you agree to assign, and do assign, all such goodwill to PropertyIQ. You shall not at any time, nor shall you assist others to, challenge PropertyIQ's right, title, or interest in, or the validity of, the Company IP

DMCA: Claims Of Copyright Infringement

We respect the intellectual property rights of others and require that everyone using the Platform do the same. Anyone who believes that their work has been reproduced on the Platform in a way that constitutes copyright infringement may notify PropertyIQ in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:

  • Identification of the copyrighted work that you claim has been infringed.
  • Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it.
  • Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint.
  • A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.

Notices of copyright infringement claims should be sent as follows:

support@propertyiq.com

Termination

Either party may terminate this Agreement at any time upon written notice to the other party. If you terminate this Agreement, you must delete your Account and may no longer access or use the Platform. If, after termination, you access the Platform or create a new Account, such action will constitute your consent to this Agreement and the Privacy Policy and the prior termination will be deemed null and void.

If you are enrolled in any Package, you must cancel your Package as part of termination in order to avoid incurring additional Package Fees. All payment obligations outstanding at the time of termination and Sections 6 and 9–13 shall survive termination of this Agreement.

Dispute Resolution

THIS SECTION SIGNIFICANTLY AFFECTS HOW ANY DISPUTES MUST BE RESOLVED. This Section applies to the fullest extent permitted by applicable law.

Informal Resolution

We prioritize customer service and request that you seek to resolve any issues by first contacting our customer service using our contact information outlined below.

Arbitration

You and PropertyIQ agree that all Claims must be resolved exclusively through final and binding arbitration, rather than in court with a judge and/or jury. "Claim(s)" means any dispute between the Parties or their owners or agents (who shall be third-party beneficiaries of this provision) arising out of, related to, or in connection with this Agreement, the Platform, or PropertyIQ. There is no judge or jury in arbitration. If you and PropertyIQ cannot resolve a Claim through negotiations, the Claim shall be finally and exclusively resolved by binding arbitration.

This arbitration agreement is reciprocal, and any election to arbitrate by one Party shall be final and binding on the other(s). The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either Party. The Federal Arbitration Act and related federal law governs the interpretation and enforcement of this agreement to arbitrate. The arbitration shall be commenced and conducted through JAMS (www.jamsadr.com) under the Streamlined Rules, as modified by this agreement to arbitrate. The Parties shall each participate in the selection of a neutral arbitrator pursuant to the Streamlined Rules. If JAMS is unavailable to arbitrate a dispute or claim, you and PropertyIQ agree to arbitrate all Claims on an individual basis using an alternative arbitral forum.

All remedies available to the parties under applicable laws shall remain available in arbitration. Unless you and PropertyIQ agree otherwise in writing, the final arbitration hearing shall take place at the JAMS facility located in Las Vegas, Nevada, provided that either Party may elect to have the arbitration proceedings conducted by video conference. The arbitrator's award will consist of a written statement stating the disposition of each Claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based.

The arbitrator must follow applicable federal and Nevada law, and any award may be challenged if the arbitrator fails to do so. Either Party may litigate to compel arbitration, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the arbitrator's award. Any such litigation to compel arbitration shall occur in the courts of the State of Nevada, specifically within Clark County You acknowledge that without this provision, you would have the right to sue in court with a jury trial.

Payment Of Fees

If you initiate arbitration against PropertyIQ, you may be required to pay an initial fee of $250 (unless you qualify for a waiver), and all other arbitration costs (including any remaining JAMS Case Management Fee and all professional fees for the arbitrator's services) shall be paid as determined by the arbitrator. If PropertyIQ initiates arbitration against you, PropertyIQ shall pay all costs associated with the arbitration. Regardless of the outcome of the arbitration, you and PropertyIQ will each pay your own attorneys' fees and costs unless an award of attorneys' fees is available under applicable statute.

Class Action Waiver

THE PARTIES MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. THIS WAIVER IS A MATERIAL PROVISION. UNLESS YOU AND PROPERTYIQ AGREE IN WRITING OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS.

Governing Law And Location

Subject to the above provisions regarding the Federal Arbitration Act and the below, this Agreement, including without limitation this Agreement's interpretation, shall be treated as though this Agreement were executed and performed in the Nevada and shall be exclusively governed by and construed in accordance with the laws of the State of Nevada without regard to its conflict of law principles. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either Party.

The proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal courts located in or nearest to Las Vegas, Nevada. The Parties stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial service of process.

Construction

These provisions are expressly severable and subject to applicable laws. If any provision of this arbitration agreement is found to be invalid or unenforceable, that provision shall be severed with the remaining provisions continuing in full force and effect. The arbitrator may award the same damages or other relief available in court. Nothing herein shall limit rights to seek a public injunction if allowed by law. This arbitration agreement shall survive termination.

Remedies In Aid Of Arbitration; Equitable Relief

itration agreement shall survive termination. Remedies in Aid of Arbitration; Equitable Relief. This agreement to arbitrate will not preclude you or PropertyIQ from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or PropertyIQ from applying to a Court of Competent Jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. "Court of Competent Jurisdiction" means any federal or state court:

  • That has jurisdiction over the subject matter.
  • That is located in Las Vegas, Nevada.

Assumption of Risk

You knowingly and freely assume all risk when using the Platform. You, on behalf of yourself, your personal representatives, and your heirs, or any company you use the site as an authorized representative voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify PropertyIQ and its owners, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the Platform.

Disclaimers, Limitation Of Liability

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, PROPERTYIQ, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PLATFORM, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT IN ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEITHER PROPERTYIQ NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. PROPERTYIQ DISCLAIMS ALL IMPLIED LIABILITY FOR DAMAGES ARISING OUT OF THE FURNISHING OF THE PLATFORM PURSUANT TO THIS AGREEMENT.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROPERTYIQ OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE PLATFORM, INCLUDING WITHOUT LIMITATION FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN PROPERTYIQ AND YOU. THE PLATFORM WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

Application of Disclaimers

Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. PropertyIQ's licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Platform or otherwise shall alter any of the disclaimers or limitations stated in this section.

General

Entire Agreement

This Agreement constitutes the entire agreement between PropertyIQ and you concerning your use of the Platform.

Partial Invalidity

Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement, which shall remain in full force and effect, and the parties acknowledge and agree that they would have executed the remaining portion without including the part so declared by a Court of Competent Jurisdiction to be invalid, void, or unenforceable

Amendments

This Agreement may only be modified by a written amendment signed by an authorized executive of PropertyIQ, or by the unilateral amendment of this Agreement by PropertyIQ along with the posting by PropertyIQ of that amended version, as explained more fully in Section 14.

No Waiver

A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.

Assignment

This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of PropertyIQ. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.

Independent Contractors

You and PropertyIQ are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.

Third Party Beneficiaries

Except where expressly stated herein, there are no third-party beneficiaries to this Agreement.

Headings

The headings in this Agreement are for convenience only and shall have no legal or contractual effect.

Changes To Terms And Privacy Policy

Internet technology and the applicable laws, rules, and regulations change frequently. PropertyIQ reserves the right to change this Agreement and the Privacy Policy at any time upon notice to you (including by posting a new version a new version on the PropertyIQ website or sending you a change notice to your email address of record, where required by law). It is your responsibility to review this Agreement and the Privacy Policy periodically.

Contact Us

If you have any questions about this Privacy Policy, you can contact us: