This HomeInfoMax.com, User License Agreement (the "Agreement") accompanies the HomeInfoMax.com product which is designed to access HomeInfoMax.com real property subject information files, maps, and other information via browser based internet access (the "Information"). You ("Customer") are granted a limited, non-exclusive license to use the Information, provided you agree to the following:
The Information is provided by HomeInfoMax.com. No ownership rights beyond the licenses granted herein are conferred to the Information and, except for the limited license provided, HomeInfoMax.com reserves all rights in and to the Information and all underlying data compilations and information contained therein. The Information is for the sole use within Customer’s own organization and by Customer’s own employee or agents. Customer may not lend or transfer the Information, or permit others to do so. Violation of the foregoing provision shall constitute a default under this Agreement. Customer shall not use the Information contained herein to create, enhance or structure any database in any form for resale or distribution. Customer acknowledges that the Information are the proprietary property and have been furnished to the Customer in trust, and are a valuable commercial product, the development of which has involved an expenditure of substantial time and money. Customer agrees both during and after the term of this Agreement not to disclose, use, disseminate, reproduce or publish any portion of the Information in any manner other than as stated herein. It is the sole responsibility of Customer to maintain the confidentiality of all assigned usernames and passwords, and Customer shall be responsible for all charges relating to the use of said usernames and passwords whether or not authorized by Customer. Customer shall notify HomeInfoMax.com in writing of all changes, deletion or additions to the identity of person’s assigned usernames.
Selected marginal data from generated reports may be present on-line in a projected form with an objective of expanding marketing efforts. Any and all portion of the information in such condensed and dated reports was originated from the same public record sources and is subject to the same limitations and restriction.
2. License; Download and Copying.
Subject to the terms and conditions of this Agreement (including Customer’s obligation to pay for Information access), HomeInfoMax.com grants to Customer a non-exclusive, non-transferable license to use the Information solely for Customer’s internal business purposes. A reasonable amount of the Information from the on-line products may be downloaded, saved, printed or e-mailed for internal use only. The Information may not be incorporated into a permanent database for any purpose. No other copying, redistribution or use is permitted. Customer shall not disassemble, decompile or manipulate Information and shall take all necessary steps to prevent such disassembly, decompiling or manipulation of the Information. Customer will take all reasonable steps, in accordance with the best industry practices, to protect the security of the Information and to prevent unauthorized use or disclosure.
3. Use Restrictions.
In no event shall Customer use the Information for illegal purposes or to violate any federal, state or local statute, law or regulation, for debt collection, skip tracing, electronic telephone directory assistance, or in connection with any permissible purpose as defined by the Fair Credit Reporting Act (PL 91-508, 15 U.S.C. Sections 1681 et seq.), as amended. Customer shall be solely responsible for obtaining any and all necessary licenses, certificates, permits, approvals or other authorizations required by federal, state or local statute, law or regulation pertaining to real estate property valuation practices. HomeInfoMax.com makes no representations or warranties about the legality or propriety of the use of the Information in any jurisdiction, state or region.
4. Consumer Privacy.
Customer agrees (a) Customer will not use for solicitation the name, mailing address or telephone number of a consumer that is designated within HomeInfoMax.com service as requesting protection from solicitation; (b) Customer will abide by all prevailing federal, state, and local laws and regulations governing fair information practices and consumers’ rights to privacy; and (c) Customer will limit access to consumer information to those individuals who have a "need to know" in connection with Customer’s business and will obligate those individuals to acknowledge consumers’ rights to privacy and adhere to fair information practices.
The Information reports are based upon data collected from public record sources. They should not be relied upon in lieu of an appraisal or underwriting process. THE ACCURACY OF THE METHODOLOGY USED TO DEVELOP THE REPORTS, THE EXISTENCE OF THE SUBJECT PROPERTY, AND THE ACCURACY OF INFORMATION, ARE BASED ON AVAILABLE DATA AND ARE NOT GUARANTEED OR WARRANTED, NOR IS THE COMPLETENESS OF ANY SUCH DATA . Any report generated by HomeInfoMax.com does not include a physical inspection of the subject property or a visual inspection or analysis by a licensed or certified appraiser, which is typically included in an appraisal.
6. Warranty of Disclaimer.
THE INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, THIS DISCLAIMER MAY NOT APPLY. HOMEINFOMAX.COM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION IS COMPLETE OR FREE FROM ERROR, AND DOES NOT ASSUME, AND EXPRESSLY DISCLAIMS, ANY LIABILITY TO ANY PERSON FOR LOSS OR DAMAGE CAUSED BY ERRORS OR OMISSIONS IN THE INFORMATION, WHETHER SUCH ERRORS OR OMISSIONS RESULT FROM NEGLIGENCE, ACCIDENT OR OTHER CAUSE.
7. Limitation of Liability.
HOMEINFOMAX.COM’S TOTAL LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY UNDER OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT MONEY DAMAGES NOT EXCEEDING THE AMOUNT PAID BY CUSTOMER TO HOMEINFOMAX.COM. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THE LIMIT. HOMEINFOMAX.COM SHALL HAVE NO LIABILITY UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT FOR ANY LOSS OF PROFIT OR REVENUE OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, EVEN IF HOMEINFOMAX.COM IS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
This Agreement and the Order Confirmation constitutes the entire agreement, (the "Agreement"), between the parties with respect to, and supersedes any prior understanding or agreement, oral or written, relating to the Information. Customer agrees that any purchase order or similar document will be for ordering purposes only, and any terms and conditions on such purchase order or similar document shall be of no force or effect. This Agreement shall not be construed as if either party had prepared it, but rather as if it were prepared jointly.
The prevailing party shall be awarded its reasonable attorney’s fees and costs in any lawsuit arising out of or related to this Agreement.
No modification, amendment, supplements to or waiver of any provision of this agreement shall be effective unless in writing and duly signed by an authorized representative of all parties hereto. Customer acknowledges that no person has the authority to modify this Agreement or waive any of its terms on behalf of HomeInfoMax.com except as expressly provided in this Agreement.
Any provision of this Agreement which contemplates performance subsequent to the expiration or earlier termination of this Agreement shall so survive such expiration or termination and shall continue in full force and effect until fully satisfied.
Any claim or controversy arising out of or related to this Agreement or the services shall be settled by binding arbitration in Los Angeles, California in accordance with the rules of the American Arbitration Association. Any such claim or controversy shall be arbitrated on an individual bases and shall not be consolidated with a claim of any other party. The foregoing shall not preclude HomeInfoMax.com from seeking any injunctive relief for protection of Company’s intellectual rights.
Customer may not assign this Agreement or allow third parties, other than Customer’s employees, to use the product or service under this Agreement.
Customers are not permitted to use any portion of HomeInfoMax.com for any unlawful activity, including but not limited to the deliberate or reckless undertaking of activities that may result in any direct or indirect violation of privacy.
Online automated 'Report Storage' and 'Email Reports' features are free complimentary options. These are limited and undefined techniques that may not always be fail-safe. For added security and discretion Customers are encouraged to save, print and/or download all obtained items to their computer without an absolute reliance on these options.
Payment for the services at and/or through this site may be made by credit card charge and/or check/money order payments. Payment for the services at and/or through this site may also be made by automatic credit card debit, and Customer hereby authorizes HomeInfoMax.com and/or its authorized agent to transmit such payment on Customer's behalf. Unless Customer has a good reason to believe the credit card (or other approved facility) Customer uses to purchase subscriptions lost or stolen, Customer agrees not to report that credit card (or other approved facility) as lost or stolen. Nor will Customer dispute any authorized charges by our authorize agent or HomeInfoMax.com. Customer agrees and acknowledges that if Customer fraudulently reports that credit card (or other approved facility) used to obtain the Information from this site as stolen, or if Customer fraudulently report that an authorized charge by HomeInfoMax.com and/or its authorized agent is unauthorized, Customer shall be liable to our authorized agent and HomeInfoMax.com for liquidated damages of $25,000.00. The liability for liquidated damages specified in this paragraph shall not limit any other liability Customer may have breach of any other terms, conditions, promises and warranties set forth in this Agreement.
HomeInfoMax.com or its authorized agent does not offer a trial subscription to this site. Customer agrees and acknowledges that any payments made are not for a trial subscription, and Customer is responsible for any subscription fees including any periodic payments according to the then-current billing terms. All Subscription fees are considered earned upon receipt and are non-refundable whether or not termination is at Customer's request. Subscription rates are subject to change at any time without notice. If Customer has a question about a transaction on credit card statement, Customer should contact Customer Support.
HomeInfoMax.com or its authorized agent may terminate Subscription at any time, and without cause by. If Customer wishes to terminate Subscription, Customer must provide HomeInfoMax.com notification by e-mail and/or conventional mail; Customer may not do so by telephone. Customer agrees to be personally liable for all charges incurred by Customer during or through the use of this site. Customer’s liability for such charges shall continue after termination of membership by any party for any reason.
When you enroll with HomeInfoMax.com, you acknowledge that in using HomeInfoMax.com services to send electronic communications (including, but not limited to search queries, uploading document images, maps and files and other Internet activities), you will be causing data to be sent through HomeInfoMax’s computer networks, portions of which can be located in many locations in the United States. As a result, and also as a consequence of HomeInfoMax’s combination structure 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 data 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.
HomeInfoMax.com shall not be liable for any delay or failure in its performance of any of the acts required by this Agreement when such delay or failure arises for reasons beyond HomeInfoMax.com’s reasonable control.
THE USE OF THE INFORMATION IS SUBJECT TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT.