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Terms of Service

Effective Date: October 23, 2024

Welcome to PropertyChecker.com, provided to users by InfoPay, Inc. ("we", "us", or InfoPay). We created these Terms of Service ("Terms") to govern how we operate and offer, and how you access and use, our website (https://propertychecker.com), and the associated products, PropertyChecker.com services, data, information, content, and materials thereon (collectively, the "Services"). If you are accepting these Terms of Service on behalf of a legal entity other than yourself as an individual, including a business or a government, you represent and warrant that you have the full legal authority to bind such entity to these Terms of Service.

PLEASE CAREFULLY READ THESE TERMS. YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. DO NOT USE THE SERVICES IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS.

By using or visiting our Services, you agree to be bound by the Terms of Service, including the Binding Arbitration Clause and Class Action Waiver described in Section 19, and the Privacy Policy. If you are accepting on behalf of a business, you represent and warrant that (i) you have full legal authority to bind the business to these Terms; (ii) you have read and understand these Terms; and (iii) you agree, on behalf of the business, to these Terms.

We reserve the right to change, modify, add to, or otherwise alter these Terms of Service at any time. Changes, modifications, additions, or deletions to these Terms of Service shall be effective immediately upon their posting on the Services. You agree to review these Terms of Service periodically to be aware of such revisions. Your use of the Services after we post such changes, modifications, additions, or deletions constitutes your acceptance of such changes, modifications, additions, or deletions.

1. Services

Our Services allow users to search our vast database for real property information.

We grant you a personal, limited, nonexclusive license to access and use the Services for your personal, individual, non-commercial, and non-automated use only. You may not access or use the Services except for these express purposes and as expressly allowed by these Terms of Services.

2. Registration

You will need to create an account with us to use the Services ("Account"). You must be 18 years of age or older to use the Services and purchase any services. Any offers of sale are only intended for individuals who are eighteen (18) years of age or older. By using the Services or purchasing services, you affirm that you are eighteen (18) years of age or older.

You agree to provide true, current, complete, and accurate information as requested and to update that information as soon as possible after any information on such registration changes. You are responsible for maintaining the confidentiality of your password and for all of your activities and those of any third party that occurs through your account, whether or not authorized by you. You agree to immediately notify us of any suspected or actual unauthorized use of your account. You agree that we will not under any circumstances be liable for any cost, loss, damages, or expenses arising out of a failure by you to maintain the security of your password.

3. Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Services or its related content:

  • (a) for any unlawful or fraudulent purpose, including but not limited to, the use of fraudulent credit card information;
  • (b) to solicit others to perform or participate in any unlawful or prohibited acts;
  • (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  • (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others or delete the copyright or other proprietary rights notice from any content;
  • (e) to harass, abuse, insult, harm, defame, slander, annoy, disparage, intimidate, or discriminate based upon gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • (f) to submit false or misleading information or otherwise attempt to mislead or impersonate another;
  • (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of Services including our website (or related website, other websites, or the Internet) or Services;
  • (h) to collect or track the personal information of others;
  • (i) to send advertising or promotion materials, spam, phish, pharm, pretext, spider, crawl, scrape, or facilitate the use of any malware or ransomware;
  • (j) for any damaging, obscene or immoral purpose;
  • (k) to interfere with or circumvent the security features of the website (or related website, other websites or the Internet) and/or Services, including those to prevent copying of content or that limit use;
  • (l) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam" or any other similar solicitation;
  • (m) systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
  • (n) make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
  • (o) use a buying agent or purchasing agent to make purchases on the website;
  • (p) use the Services to advertise or offer to sell goods and services;
  • (q) engage in unauthorized framing of or linking to the Services;
  • (r) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
  • (s) interfere with, disrupt, or create an undue burden on the website or the networks or services connected to the Services;
  • (t) sell or otherwise transfer your profile;
  • (u) use the Services as part of any effort to compete with us or otherwise use the Services and/or the content for any revenue-generating endeavor or commercial enterprise;
  • (v) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website;
  • (w) copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
  • (x) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, malicious code, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services;
  • (y) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms");
  • (z) except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software;
  • or (aa) in any way that may be deemed a breach or violation of any of our Terms of Service or Privacy Policy. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

We reserve the right, but do not undertake the obligation, to monitor your volume and purpose of searches on the Services, and may restrict, limit, or deactivate your account for any reason, including if we identify that you are using the Services beyond your personal use rights. We may also otherwise investigate your use of the Services and Content and take appropriate legal action against any party that uses the Services and Content in violation of these Terms of Service or applicable law. We reserve the right to accept, reject, or modify any Services and Content but assume no liability based on its acceptance, rejection, modification, or failure to modify any Services or Content.

4. Intellectual Property

All content, features, and functionality available through our Services, including but not limited to design, artwork, hyperlinks, text, videos, calendars, software, images, technical drawings, blog posts, podcasts, audio, images, art, code, configurations, graphics, other files, and their selection and arrangement ("Materials") are either the proprietary property of us, our affiliates, our brand partners, or licensors and are protected by United States and international intellectual property and proprietary rights laws. To be clear, you do not acquire any proprietary rights in or to the information provided through the Services, which rights remain exclusively the proprietary property of us, our affiliates, our brand partners, or licensors. We reserve any and all rights to the Materials. The Materials may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole or in part without our prior written permission except you may download and print Materials for non-commercial uses that are not competitive with or derogatory to us, provided that you keep all copyright or other proprietary notices intact, do not alter such Materials, and do not further reproduce, publish or distribute such Materials. Please note that this limited consent may be revoked at any time by us and does not include consent to republish Materials on the Internet, or any Intranet or Extranet site, or to incorporate the Materials in any database or other compilation. Any other use of the Materials is strictly prohibited. You further agree that you will not systematically extract, collect, or harvest through electronic means or otherwise, any data or data fields from our Services, including but not limited to customer identities or Information (as defined in our Privacy Policy).

All registered and unregistered trademarks visible or accessible through our Services are trademarks of InfoPay or licensors and may not be copied, imitated, or used in whole or in part without the prior written permission of InfoPay or its owners. All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ours or our affiliates and may not be copied, imitated, or used in whole or in part without prior written permission of us.

5. Purchase Options and Pricing

We offer a number of purchase options for users, including via subscriptions and one-time payment options, and different reports we offer may provide different information. Current descriptions and pricing for different services and purchases is available on the Services. We reserve the right to modify prices and to add or remove services or subscription options at any time. Any changes we make will become effective upon renewal of or purchase of additional Services.

6. Billing

A. Fees

You must pay all fees for purchases on the Services with a current and valid credit card, debit card, or other payment account ("Payment Account"). We will bill Fees to the Payment Account you provide to us. Some of these payment options may be provided by third parties. Your use of those third-party payment options is subject to the third-party terms and privacy notices. If your Payment Account is insufficient, or not accurate, current, and complete, we may refuse your use of the Services and, where applicable, suspend or terminate your subscription.

If you purchase a single report or otherwise make a one-time billing package purchase, we will bill fees to your Payment Account on a one-time basis at the time of your order.

Transactions will appear on your credit card statement as PROPERTYCHECKER or PROPERTYCHECKER.COM.

B. Subscription Fees

For subscriptions, fees will be automatically billed to your Payment Account on a recurring monthly basis unless and until you cancel. Review Recurring Payment Subscriptions for more information. You acknowledge and agree that we will not obtain additional authorization from you for each recurring fee charged to your Payment Account.

7. Trials

We may offer you access to either free or paid trial uses of the Services. If you choose a paid trial, the trial fee will be immediately billed to your Payment Account. Your subscription will begin on the "Next Billing Date" (as identified on your Order Confirmation, and on the Account Details page of your account), and the monthly subscription fee will be billed to your Payment Account on that date and thereafter on a recurring monthly basis unless and until you cancel.

8. Recurring Payment Subscriptions

AUTOMATIC RENEWAL FEES FOR RECURRING PAYMENT SUBSCRIPTION PLANS WILL BE AUTOMATICALLY CHARGED TO YOUR PAYMENT ACCOUNT.

WE WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION ON A MONTHLY BASIS BEGINNING ON THE "NEXT BILLING DATE" IDENTIFIED IN YOUR ORIGINAL ORDER CONFIRMATION AND EVERY THIRTY (30) DAYS THEREAFTER (THE "AUTOMATIC RENEWAL DATE"). WE WILL PRESENT YOU WITH AN OPTION TO AUTHORIZE THESE PAYMENTS DURING THE SIGN-UP PROCESS, AND YOUR CHECKING THE BOX ON THE SIGN-UP PAGE DEMONSTRATES YOUR CONSENT TO SUBSCRIPTION BILLING. ON EACH RENEWAL DATE, YOUR PAYMENT ACCOUNT WILL BE CHARGED THE THEN CURRENT RATE FOR THE SUBSCRIPTION YOU SELECTED ON YOUR SERVICE ORDER. UPON PAYMENT, WE WILL SEND YOU AN ACKNOWLEDGEMENT VIA EMAIL OF THE PARTICULAR TERMS OF YOUR RECURRING PAYMENT PLAN, INCLUDING THE AUTOMATIC RENEWAL DATE, AND INSTRUCTIONS FOR CANCELING YOUR SUBSCRIPTION TO AVOID AUTOMATIC RENEWAL.

THEREAFTER, WE WILL ALSO SEND YOU AN AUTOMATIC RENEWAL DATE REMINDER AND PROVIDE YOU WITH NOTICE OF ANY CHANGE IN THE SUBSCRIPTION RATE OR MATERIAL CHANGES TO OTHER TERMS OF YOUR RECURRING PAYMENT PLAN, VIA EMAIL, AT LEAST FIVE (5) DAYS BEFORE THE AUTOMATIC RENEWAL DATE.

YOU MAY CANCEL YOUR ACCOUNT AND SUBSCRIPTION AT ANY TIME. TO DO SO, (1) USE THE "CANCEL" OPTION ON THE ACCOUNT DETAILS PAGE OF YOUR ACCOUNT, (2) CONTACT US AT (800) 396-4909, OR (3) EMAIL US AT support@propertychecker.com. OUR CUSTOMER SERVICE DEPARTMENT IS OPEN AND AVAILABLE 24/7.

PLEASE NOTE THAT SUBSCRIPTION FEES ARE BILLED MONTHLY IN ADVANCE, AND WE WILL NOT REFUND THE UNUSED PORTION OF YOUR MONTHLY SUBSCRIPTION. THEREFORE, YOU MUST CANCEL BEFORE THE AUTOMATIC RENEWAL DATE IN ORDER TO AVOID AUTOMATIC RENEWAL OF YOUR TRIAL/FULL PAID SUBSCRIPTION, AND THE ASSOCIATED MONTHLY SUBSCRIPTION FEES.

9. Customer Support

Our Customer Support team is available to address your questions or concerns. If you have any issues with billing, you agree to contact our Customer Support team prior to contacting your bank. Contact Customer Support using our online form, by calling (800) 396-4909 or via email at support@propertychecker.com. Our Customer Service Department is open 24/7.

10. Cancellation and Termination

A. By You

You are solely responsible for properly canceling your account. You can cancel your account at any time by calling us, or sending us an email at the information below in "Contact Us". Your cancellation will take effect immediately; however, you will still be responsible for any outstanding payments for purchases made before cancellation. Further, even after cancellation and/or termination of your Account, you may still make one-time purchases on the Services.

B. By Us

We reserve the right to terminate or restrict your account and/or access to the Services for any reason, or for no reason whatsoever; including, without limitation, if we in our sole discretion consider your use to be unacceptable, or in the event of any violation by you of any term of these Terms of Service. We may, but shall be under no obligation to, provide you with a warning prior to termination or restriction of your use of the Services. We will not be liable to you or any third party for such termination, or restriction of your Account and/or access.

C. Effects of Termination

Once your Account is terminated, we may permanently delete your account and any or all user content associated with it. If you do not log in to your account for twelve (12) or more months, we may treat your account as "inactive" and permanently delete the account and all the data associated with it. Except where an exclusive remedy may be specified in these Terms of Service, the exercise by us of any remedy, including termination, will be without prejudice to any other remedies we may have under these Terms of Service. All sections of these Terms of Service which by their nature should survive termination will survive, including without limitation, accrued rights to payment, use restrictions and indemnity obligations, confidentiality obligations, warranty disclaimers, and limitations of liability.

11. FCRA Notice

InfoPay does not compile background information for employment purposes and is not a "consumer reporting agency" under the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681 et seq., as amended. The reports we provide are not "consumer reports" under the FCRA because they are not used or expected to be used or collected in whole or in part for any permissible purpose under the FCRA. The Services simply aggregate and provide access to publicly available information for personal and non-commercial use only. You are EXPRESSLY PROHIBITED from using any information from search results (a) to discriminate against any consumer; (b) for the purpose of considering a consumer's eligibility for personal credit or insurance, employment, housing, or a government license or benefit; or (c) otherwise to affect a consumer's economic or financial status or standing. You understand, agree, and acknowledge that any such use of information from search results may subject you to liability under the FCRA. You agree to indemnify, defend, and hold harmless InfoPay, Inc. and its officers, directors, agents, employees, partners, affiliates, licensors, and data providers from and against any third-party claims, demands, expenses or liabilities of whatever nature, due to or arising out of your use of information from search results in a manner covered under the FCRA.

12. Business Terms

This Section 12 applies to users that purchase or use our Services for business-related use-cases, which may include an API Integration. In addition to your obligations in other sections of these Terms, you agree to the following conditions if you are using our business-related services:

A. Business Accounts and Team Member Access

Each Business Account will designate an “Account Holder” who is responsible for providing access to the Business Account for up to ten (10) other team members. All users who access the Business Account must adhere to these Terms and are responsible for all regulatory and legal compliance in accessing the Business Account services. The Account Holder will ensure that:

  • Each team member will receive individual login credentials and will use the Services solely for internal business operations, such as conducting real estate transactions, research, or analysis.
  • The Account Holder will manage and revoke access for team members who are no longer associated with the business.

Any violation of these Terms by a team member will be regarded as a breach by the Account Holder, and we reserve the right to restrict, limit, or terminate the account should any team member violate these Terms.

B. License for Business Use

All users of a Business Account, including the Account Holder acknowledge that:

  • You are hereby granted a limited, revocable, nontransferable and nonexclusive license to access and use the Services and Content solely for your internal business purposes for research, reference, and analysis in conducting real estate transactions;
  • We make no representations about the quantity, sufficiency or quality of Reports that it provides to You. Purchases of reports on the Services are not cancellable, and fees paid are not refundable. You are not authorized to use any reports that are not fully paid for.
  • You will not (i) sell any Content or information derived Content, (ii) systematically access or retrieval of reports available on the Services, including without limitation via the use of bots or spiders; (iii) provide any Content or information derived from any Content to any party for the purpose of resale or remarketing in any manner; or (iv) make any representation or provide any warranty to any person or entity regarding PropertyChecker.com, the Services, and/or the Content that is inconsistent with the provisions hereof and the information contained on the Content (including all disclaimers).
  • You will comply with all applicable laws in the use of our Services.

C. API Usage Terms

The following terms apply to InfoPay’s provision, and your access and use, of the Property Checker API and related tools and documentation. You agree as follows with respect to InfoPay’s provision, and your access and use, of the API:

  • Grant of Rights. Subject to and conditioned on your compliance with the terms and conditions set forth herein, InfoPay hereby grants you a non-exclusive, non-sublicensable, non-transferable, revocable, limited, royalty free right during the term to: (a) access and use the API in connection with your use of the Services; and (b) integrate your platform with the Services. You acknowledge that there are no implied licenses granted under these API terms. InfoPay reserves all rights not expressly granted to you herein and under the Agreement. You must obtain an API Key provided by InfoPay. You may not share your API Key with any third party, shall keep such API Key and all login information secure, and shall use the API Key as your sole means of accessing the API.
  • Your Obligations. You are solely responsible for integrating your platform with the Services via the API, including all associated costs thereof. You acknowledge that InfoPay may in its sole discretion update or modify the API from time to time and may require you to obtain and use the most recent version of the API. You are solely responsible for making any changes to your platform required to integrate with any updated version of the API at your sole cost and expense. When using the API, you will comply with (1) all applicable privacy laws and regulations including those applying to personal information and (2) the InfoPay applicable Privacy Policy. You will provide its users with a privacy policy that complies with applicable law and aligns with PropertyChecker’s Privacy Policy to extent that InfoPay collects or processes personal information of the user.
  • Restrictions. You agree that, with respect to the API, it will not, without written authorization from InfoPay, (i) remove, alter or destroy any copyright notices, other proprietary markings or confidentiality legends placed upon or contained within the API components; (ii) use, copy, modify, display, rent, lease, loan, transfer, distribute, download, merge, make any translation or derivative work or otherwise deal with the API, except as permitted in the Agreement; (iii) combine or integrate the API components with any software, technology, services, or materials not authorized under the Agreement; (iv) cause or permit the disassembly, reverse compilation or other decoding of any portion of the API that is provided in object code only format; (v) or otherwise attempt to obtain, derive or modify the source code or architecture of such portions of the API; or (vi) intentionally disable, override, or otherwise interfere with any consent screens, user settings, alerts, warnings, or the like unless for a purpose expressly permitted by InfoPay. In addition, you may not use the API in violation of any applicable law or to distribute content or links to content that you reasonably believes:
    • Constitutes, depicts, fosters, promotes or relates in any manner to pornography or the marketing of pornographic materials;
    • Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
    • Is defamatory, intended to harass or threaten or violates a person's privacy;
    • Creates a risk to public safety or health in general or to any individual's safety or health;
    • Improperly exposes trade secrets or other confidential or proprietary information of another person or company;
    • Is intended to assist others in defeating technical copyright protections;
    • Infringes a copyright in direct violation of the Digital Millennium Copyright Act ("DMCA") or any other similar legislation;
    • Infringes on another's patent, trade or service mark, trade secret or other property right; or
    • Is otherwise malicious or fraudulent.
  • Ownership. InfoPay owns all right, title, and interest, including all intellectual property rights, in and to its APIs. You will not modify any copyright notices, proprietary legends, or other indicia of ownership on the materials accessed through the API. You will use commercially reasonable efforts to safeguard the Widget (including all copies thereof) from infringement, misappropriation, theft, misuse, or unauthorized access. You will promptly notify InfoPay if it becomes aware of any infringement of any intellectual property rights relating to the API and will fully cooperate with InfoPay (at your cost) in any legal action taken by InfoPay to enforce InfoPay’s intellectual property rights. For the avoidance of doubt, the API and components thereto are InfoPay’s Confidential Information. You shall at all times be responsible for any users that you provide access to the InfoPay API or Services, and shall provide its users with terms that comply with applicable law and align with InfoPay’s Terms.
  • DISCLAIMER. IN ADDITION TO THE DISCLAIMERS SET FORTH IN THE AGREEMENT, INFOPAY DOES NOT REPRESENT OR WARRANT THAT THE API OR ANY UPDATES THERETO WILL OPERATE IN COMBINATION WITH YOUR PLATFORM AND INFOPAY IS NOT RESPONSIBLE FOR ANY DELAYS OR DELIVERY FAILURES STEMMING FROM THE API.

D. Business Account Pricing

  • Business Account pricing, including those with team member access, is subject to our then-published pricing policies and may be adjusted periodically with prior notice before the renewal date.

13. Links to Third-Party Sites

The Services may contain links to and integrations with third-party websites and services. We are not responsible for examining or evaluating the content or accuracy of any other website and do not warrant and will not have any liability or responsibility for any other party's materials or websites or for any other materials, products, or services of other websites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any other party's websites or other platforms. Please review carefully other party's website's policies and practices and make sure you understand them before you engage in any transaction. Claims, complaints, questions, or concerns regarding other parties should be directed to that party.

14. Security

We use commercially reasonable measures to provide the Services. Notwithstanding the foregoing, you acknowledge that no security safeguards or method of transmission over the Internet are completely secure. We do not guarantee that your information will not be misused by third parties. We are not responsible for the circumvention of any privacy settings or security features. You agree that we will not have any liability for misuse, access, acquisition, deletion, or disclosure of your information.

15. Disclaimers

We collect information about real property in the United States from various publicly available sources. Because we do not generate original reports or notices, including without limitation market values, we do not guarantee that the information on our Services will be accurate and complete, or that we receive relevant information (e.g. recall information) for all real property on our Services. We do not guarantee that information provided in a search result contains specific information or will meet your expectations and needs. We expressly disclaim and will have no liability for any information available through our Services. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all information, services and other content provided on the Services.

The Services may provide you with information to assist you in making decisions regarding real property. We recommend that you use this information together with your own independent research and investigation, to make a better decision about real property. You assume full responsibility with respect to your decisions and transactions using the Services.

You understand that Information may not be available for all real property and that we may not have access to some information that may be available to other parties. You also understand that there may be a delay between our receipt of certain information and the inclusion of that information in our Services. You recognize that our sole obligation in the case of erroneous Information, when notified in writing by you of such erroneous data, is correction of the Information in question.

You agree and understand that, except as may otherwise be indicated, any unpaid, preliminary results may differ from paid member searches or reports.

For the most recent records concerning any real property presented on the Services, contact the relevant state or local office, agency, or department.

InfoPay, Inc. is not affiliated with the United States Government or any federal or state government agency.

16. No Warranties

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, INFOPAY PROVIDES ALL SERVICES, CONTENT, AND INFORMATION "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, ACHIEVE THEIR INTENDED RESULTS, OR BE ACCURATE. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAWS, INFOPAY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

THERE ARE NO WARRANTIES RELATING TO ANY OF THE INFORMATION POSTED ABOUT REAL PROPERTY ON THE SERVICES.

17. Limitation of Liability

INFOPAY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY WEBSITE, NETWORK, COMPUTER SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, OR SOFTWARE, OR FOR ANY FAILURE DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR INFOPAY, INC. SYSTEMS, OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY COMPUTER OR OTHER DEVICE ON OR THROUGH WHICH PROPERTYCHECKER.COM OR DATA IS PROVIDED. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF PROPERTYCHECKER.COM OR INFORMATION, OR FROM THE CONDUCT OF ANY USERS OF PROPERTYCHECKER.COM OR INFORMATION, WHETHER ONLINE OR OFFLINE, INCLUDING ANY PRIVACY OR SECURITY BREACHES.

INFOPAY, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, WILL NOT BE LIABLE TO YOU FOR (I) LOST INCOME, LOST PROFITS, LOSS OF DATA, ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR CLAIMS OF THIRD PARTIES, (II) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE UPON THE COMPLETENESS OR ACCURACY OF ANY INFORMATION MADE AVAILABLE VIA THE SERVICES. THESE LIMITATIONS OF LIABILITY FOR SUCH LOSSES WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THEIR POSSIBILITY.

OUR AGGREGATE LIABILITY ARISING UNDER OR WITH RESPECT TO YOUR USE OF THE SERVICES WILL IN NO EVENT EXCEED ONE HUNDRED US DOLLARS ($100.00).

18. Indemnification

You agree to indemnify, defend, and hold harmless InfoPay and its affiliates, subsidiaries, officers, directors, agents, employees, partners, licensors, and data providers, and each of their respective members, officers, directors, employees, agents, shareholders, co-branders, content licensors, suppliers, contractors, attorneys, and other partners, from and against any and all liabilities, claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands, and judgments made by any third party arising from or related to (i) your use of the Services or any Information you obtain through the Services, (ii) your violation of these Terms of Service, (iii) your violation or infringement of any laws or any rights of another individual or entity, or (iv) any actual, prospective or terminated sale or other transaction between you and a third party.

19. ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

A. Arbitration Notice

You and we agree that if there is any dispute or claim arising from or related to the Services and/or these Terms of Service (except for Exempt Claims, as defined below), it will be resolved by confidential binding arbitration, rather than in court, after first giving Notice of the Dispute ("Notice") to the other party and the opportunity to discuss resolution within thirty (30) days of such Notice. The Notice should be sent to: 227 Lewis Wharf Boston, MA 02110. This Notice must include a description of the nature and basis of the claims the party is asserting, and the relief sought.

If you and we are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or we may initiate arbitration proceedings. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of these Terms of Service as a court would. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of these End User Terms as a court would. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.

The Federal Arbitration Act and federal arbitration law apply, and the American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

The arbitration shall be held in the State of Massachusetts or at another mutually agreed location. If the arbitration involves a consumer, the arbitration will be held at a location convenient to the consumer. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us, subject to the arbitrator's discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and us unless the arbitrator requires otherwise.The arbitrator will decide the substance of all claims in accordance with the laws of the State of Massachusetts, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law. The arbitrator will also decide any questions relating to the interpretation, applicability, or enforceability of this arbitration clause, except where a party files a claim in court because it is an Exempt Claim (as defined below). If either party files an Exempt Claim, the court presiding over that claim will determine if the claim is an Exempt Claim under this Arbitration Clause. The arbitrator's award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Notwithstanding any provision in these Terms of Service to the contrary, you and we agree that if we make any change to this Section (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate this Section, any such termination shall not be effective until thirty (30) days after the version of these Terms of Service containing this Section is posted to the websites and shall not be effective as to any claim that was filed in a proceeding against us prior to the effective date of termination.

CLASS ACTION WAIVER. YOU AND WE AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

EXEMPT CLAIMS: You and the Company agree that the following two types of claims are not required to be submitted to an arbitration subject to the following conditions:

  • (1) You or we are not required to arbitrate a claim brought on an individual basis in small-claims court. However, if (a) there is an appeal from small-claims court, or (b) a change in the claim that renders the small-claims court unable to resolve the claim, then the claim must be resolved in an arbitration under the terms of this Arbitration Provision.
  • (2) You or we are not required to arbitrate a claim brought on an individual basis to enjoin infringement or other misuse of intellectual property rights. Such a claim may be brought in any court of competent jurisdiction. You and We agree that the infringement or other misuse of intellectual property rights could cause irreparable harm for which monetary damages are an inadequate remedy. The prevailing party in an action to enjoin infringement or other misuse of intellectual property rights is entitled to recover costs and fees (including reasonable attorneys' fees) in pursuing that remedy.

OPT OUT: You may opt-out of this mandatory arbitration provision by writing us within 60 calendar days of your agreement to this Arbitration Provision (b) by mail to 227 Lewis Wharf Boston, MA 02110. Include your name, address, and date in the correspondence. This is the only way you can opt-out.

Claims and Disputes Must be Filed Within One (1) Year

To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to your use of the Services, including, without limitation, any website or mobile application or other Services-related product, services, or other content must be commenced within one (1) year after the claim or cause of action arises. This section applies to you and your heirs, successors, and assigns.

20. General Provisions

A. Governing Law and Jurisdiction

These Terms of Service will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without reference to its conflict of laws principles.

B. Entire Agreement

These Terms of Service constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements (including, but not limited to, any prior versions of these Terms of Service).

C. No Agency

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Service.

D. Severability

If any part of these Terms of Service is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.

E. No Waiver

Our failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of that provision or any other provision of these Terms of Service. No waiver of any of the provisions of these Terms of Service is a waiver of any other provision, whether or not similar, nor does any waiver constitute a continuing waiver.

F. Third-Party Beneficiary

Neither InfoPay nor you intend that these Terms of Service shall create rights hereunder in third parties, except that our licensors and data providers are intended to be third-party beneficiaries of these Terms of Service.

21. Contact Us

If you have any questions or concerns about these Terms of Service or wish to contact us for any other reason, please click here to contact us, email us at support@propertychecker.com, call us at (800) 396-4909, or write:

PropertyChecker.com
227 Lewis Wharf
Boston, MA 02110