Terms of Service

These Terms of Service constitute a binding, written contract between you and PropertyRecord.com regarding your use of our website, reports, and services and your transactions with us (such as property reports, bundles, or platform access ordered).

THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT WHEREIN EACH OF US WAIVES OUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. See the section below entitled “Dispute Resolution” for more details.

Contact Us

IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THIS AGREEMENT, INCLUDING QUESTIONS ABOUT REFUNDS, YOU MAY CONTACT US 24 HOURS A DAY AS FOLLOWS:

• By email: support@propertyrecord.com
• By phone: 1-877-371-8699
• Live chat via our Website at PropertyRecord.com

Last Updated: May 6, 2025

Welcome to PropertyRecord.com. By accessing or using the PropertyRecord.com website (the "Platform"), however accessed or used, you agree to be bound by the following terms (the "Terms of Service" or the "Agreement"), which constitutes a legally binding contract between the operator of this Platform ("PropertyRecord," "Company," " we," or " us") and you, governing your use of the Platform.

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.

About The Services

What We Do

PropertyRecord provides comprehensive property reports (“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, LEGAL, ACCOUNTING, INVESTMENT, OR RELATED ADVICE OF ANY KIND. THE PROPERTY REPORTS ARE PUBLIC RECORDS, AND NO INVESTIGATION IS MADE INTO THEIR ACCURACY. WE DO NOT CREATE THE REPORTS/RECORDS AND HAVE NO ABILITY TO CORRECT THE INFORMATION REPORTED THEREON. THE PROPERTY REPORTS YOU ACCESS USING THIS PLATFORM ARE NOT INTENDED TO BE A SUBSTITUTE FOR TITLE REPORTS OR FOR ANY REPORT OR RECORD THAT CAN ONLY BE OBTAINED FROM YOUR LOCAL COUNTY CLERK OR RECORDER. THIS PLATFORM DOES NOT PROVIDE CONSUMER REPORTS AND IS NOT A GOVERNMENT-AFFILIATED AGENCY OR CONSUMER REPORTING AGENCY UNDER THE FAIR CREDIT REPORTING ACT (FCRA). YOU MAY NOT USE OUR SERVICE OR THE INFORMATION IT PROVIDES TO MAKE DECISIONS ABOUT CONSUMER CREDIT, EMPLOYMENT, INSURANCE, TENANT SCREENING, OR ANY OTHER PURPOSE THAT WOULD REQUIRE FCRA COMPLIANCE. YOU ACKNOWLEDGE BY ACCEPTING THESE TERMS THAT YOU UNDERSTAND THAT THIS SERVICE AND THE REPORTS YOU ACCESS USING THIS SERVICE SHOULD NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL GUIDANCE INCLUDING BUT NOT LIMITED TO LEGAL OR REAL ESTATE INVESTMENT ADVICE OR AS A SUBSTITUTE FOR THE SERVICES PROVIDED BY A LICENSED REAL ESTATE AGENT.

Accessibility

We strive to make our services accessible to users with disabilities. If you require accommodation, please email us at support@propertyrecord.com or contact us by phone at 1-877-371-8699.

PAYMENT TERMS

YOU MAY PURCHASE SERVICES FROM PropertyRecord EITHER AS A ONE-TIME PAYMENT OR BY ENTERING INTO A FINITE INSTALLMENT ARRANGEMENT, WHICH SPLITS THE TOTAL PURCHASE PRICE INTO A SET NUMBER OF SCHEDULED PAYMENTS. BY SELECTING AN INSTALLMENT OPTION AT CHECKOUT OR OTHERWISE, YOU ACKNOWLEDGE AND AGREE TO ALL OF THE FOLLOWING:

1. TOTAL PURCHASE PRICE & FINITE PAYMENTS
   THE TOTAL AMOUNT YOU WILL PAY FOR THE SERVICES IS FIXED AT CHECKOUT. IF YOU CHOOSE AN INSTALLMENT ARRANGEMENT, THE TOTAL PRICE IS DIVIDED INTO A SPECIFIED NUMBER OF INSTALLMENTS, AND ONCE ALL INSTALLMENTS ARE PAID IN FULL, NO ADDITIONAL CHARGES WILL APPLY.
2. VALID PAYMENT ACCOUNT
   TO PURCHASE SERVICES, YOU MUST PROVIDE A VALID AND CURRENT PAYMENT METHOD (A “PAYMENT ACCOUNT”), SUCH AS A CREDIT CARD OR DEBIT CARD. SOME PAYMENT METHODS (e.g., PayPal) MAY BE PROCESSED BY THIRD-PARTY SERVICES, AND YOU AGREE TO THEIR RESPECTIVE TERMS AND PRIVACY POLICIES WHEN USING SUCH OPTIONS. IF YOUR PAYMENT ACCOUNT INFORMATION IS INSUFFICIENT, INACCURATE, OR OUTDATED, WE MAY DECLINE YOUR TRANSACTION AND, WHERE APPLICABLE, RESTRICT YOUR ACCESS TO THE PLATFORM OR THE SERVICES.
3. SCHEDULED INSTALLMENT CHARGES
   BY SELECTING AN INSTALLMENT OPTION, YOU AUTHORIZE US TO CHARGE YOUR PAYMENT ACCOUNT FOR EACH INSTALLMENT AS IT BECOMES DUE, WITHOUT REQUIRING ADDITIONAL CONSENT FOR SUBSEQUENT CHARGES. ALL INSTALLMENTS WILL BE CHARGED ACCORDING TO THE PAYMENT SCHEDULE SET FORTH IN YOUR ORDER OR CHECKOUT CONFIRMATION.
4. AUTOMATIC CONCLUSION
   YOUR OBLIGATION ENDS AUTOMATICALLY ONCE THE FINAL INSTALLMENT HAS BEEN SUCCESSFULLY CHARGED. NO FURTHER BILLING WILL BE ASSESSED BEYOND THE TOTAL, FIXED PRICE DISCLOSED AT CHECKOUT.
5. LATE PAYMENTS & NON-PAYMENT
   IF WE ARE UNABLE TO PROCESS A SCHEDULED INSTALLMENT, WE MAY, AT OUR DISCRETION, SUSPEND OR LIMIT YOUR ACCESS TO OUR SERVICES UNTIL THE OUTSTANDING AMOUNT IS PAID. YOU REMAIN RESPONSIBLE FOR ANY UNPAID INSTALLMENTS.
6. REFUND POLICY
   IF YOU'RE UNSATISFIED WITH YOUR ORDER, YOU MAY REQUEST A REFUND FOR ANY REASON BY CONTACTING US AT:
   • By email: support@propertyrecord.com
   • By phone: 1-877-371-8699
   • Live chat via our Website at PropertyRecord.com
7. TRANSACTION DESCRIPTIONS
   TRANSACTIONS MAY APPEAR ON YOUR PAYMENT STATEMENTS AS “PropertyRecord.com” OR A SIMILAR IDENTIFIER. IF YOU NEED TO UPDATE OR CHANGE YOUR PAYMENT ACCOUNT OR HAVE QUESTIONS ABOUT INSTALLMENTS, PLEASE CONTACT US (SEE “CONTACT US” ABOVE).
8. DISPUTE RESOLUTION
   YOU AGREE TO RESOLVE ANY DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WAIVING ANY RIGHT TO A JURY TRIAL OR TO JOIN CLASS ACTION CLAIMS (SEE “DISPUTE RESOLUTION” BELOW).

Usage Restrictions

YOU ACKNOWLEDGE THAT THE CONTENT MAY CONTAIN PERSONALLY IDENTIFIABLE INFORMATION, AND IT IS YOUR RESPONSIBILITY TO KEEP ALL SUCH ACCESSED INFORMATION CONFIDENTIAL AND SECURE. YOU AGREE TO DELETE OR DESTROY ALL INFORMATION OBTAINED THROUGH OUR SERVICES, WHETHER STORED ELECTRONICALLY OR IN HARD COPY, WITHIN NINETY (90) DAYS OF YOUR INITIAL RECEIPT OF THE INFORMATION.

Use 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.

Platform Use

Access Rights Grant

SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS OF SERVICE, PropertyRecord GRANTS YOU A NON-EXCLUSIVE, NON-SUBLICENSABLE, REVOCABLE (AS STATED IN THIS AGREEMENT), NON-TRANSFERABLE RIGHT TO ACCESS AND USE THE PLATFORM EXCLUSIVELY IN ORDER TO GENERATE AND VIEW REPORTS, AND STORE THE SAME, FOR YOUR OWN INTERNAL USE AND FOR NO OTHER PURPOSE. NO PART OF THE PLATFORM, INCLUDING ANY REPORTS (SINGULAR OR COLLECTIVELY) YOU ACCESS, MAY BE REPRODUCED, DUPLICATED, COPIED, MODIFIED, SOLD, RESOLD, DISTRIBUTED, TRANSMITTED, OR OTHERWISE EXPLOITED FOR ANY PURPOSE WITHOUT OUR PRIOR EXPRESS WRITTEN CONSENT. ALL RIGHTS NOT EXPRESSLY GRANTED IN THIS AGREEMENT ARE RESERVED BY US. WITHOUT LIMITATION, THIS AGREEMENT GRANTS YOU NO RIGHTS TO THE INTELLECTUAL PROPERTY OF PropertyRecord OR ANY OTHER PARTY, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT. YOUR RIGHTS GRANTED TO YOU IN THIS SECTION ARE CONDITIONED ON YOUR COMPLIANCE WITH THIS AGREEMENT. YOUR RIGHTS UNDER THIS SECTION WILL IMMEDIATELY TERMINATE IF YOU HAVE BREACHED ANY PROVISION OF THIS AGREEMENT.

WE MAY, AT OUR SOLE DISCRETION, SET, IMPOSE, OR ENFORCE LIMITS ON YOUR USE, OR RESTRICT YOUR ACCESS TO SOME OR ALL OF THIS PLATFORM, OR CHANGE, DISCONTINUE, SUSPEND, OR TERMINATE THE AVAILABILITY OF SOME OR ALL OF THE PLATFORM OR ANY SEPARATE FEATURE THEREOF AT ANY TIME FOR ANY REASON WITH OR WITHOUT NOTICE TO YOU. WE WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND AS A RESULT OF ANY SUCH ACTION.

Your Account

TO ACCESS CERTAIN FEATURES OF THE PLATFORM, YOU MAY BE REQUIRED TO REGISTER FOR AN ACCOUNT (“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. YOU WILL ALSO BE ASKED TO CREATE 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 WITH OTHERS. IF YOU BELIEVE THAT YOUR ACCOUNT HAS BEEN USED WITHOUT YOUR PERMISSION, YOU AGREE TO NOTIFY US IMMEDIATELY (SEE “CONTACT US”).

No Reports Investigation

WE ASSUME NO RESPONSIBILITY TO INVESTIGATE OR VERIFY THE ACCURACY OF ANY REPORTS YOU GENERATE.

Prohibited Conduct

PropertyRecord IMPOSES CERTAIN RESTRICTIONS ON YOUR USE OF THE PLATFORM. THE FOLLOWING ACTS ARE EXPRESSLY PROHIBITED:

1. 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.
2. 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.
3. INTERFERING OR ATTEMPTING 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.
4. 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).
5. 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.

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 PropertyRecord AND SOME OF WHOM DO NOT. PropertyRecord DOES NOT HAVE CONTROL OVER THE CONTENT AND PERFORMANCE OF THIRD-PARTY SERVICES. PropertyRecord 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, PropertyRecord 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

PropertyRecord, THE PropertyRecord LOGO, PropertyRecord'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 PropertyRecord 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 SHALL NOT AT ANY TIME, NOR SHALL YOU ASSIST OTHERS TO, CHALLENGE PropertyRecord’S RIGHT, TITLE, OR INTEREST IN, OR THE VALIDITY OF, THE COMPANY IP.

Claims Of Copyright Infringement

ANYONE WHO BELIEVES THAT THEIR WORK HAS BEEN REPRODUCED ON THE PLATFORM THROUGH ANY REPORTS IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT MAY NOTIFY PropertyRecord IN ACCORDANCE WITH TITLE 17, UNITED STATES CODE, SECTION 512(C)(2), BY PROVIDING THE FOLLOWING INFORMATION:

1. IDENTIFICATION OF THE COPYRIGHTED WORK THAT YOU CLAIM HAS BEEN INFRINGED.
2. IDENTIFICATION OF THE MATERIAL THAT YOU CLAIM IS INFRINGING AND NEEDS TO BE REMOVED, INCLUDING A DESCRIPTION OF WHERE IT IS LOCATED ON THE PLATFORM SO THAT THE COPYRIGHT AGENT CAN LOCATE IT.
3. YOUR ADDRESS, TELEPHONE NUMBER, AND, IF AVAILABLE, E-MAIL ADDRESS, SO THAT THE COPYRIGHT AGENT MAY CONTACT YOU ABOUT YOUR COMPLAINT.
4. 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 to: support@propertyrecord.com

Dispute Resolution

THIS SECTION SIGNIFICANTLY AFFECTS HOW ANY DISPUTES MUST BE RESOLVED. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

1. Informal Resolution

   WE PRIORITIZE CUSTOMER SERVICE AND REQUEST THAT YOU SEEK TO RESOLVE ANY ISSUES BY FIRST CONTACTING OUR CUSTOMER SERVICE USING THE “CONTACT US” INFORMATION ABOVE.

2. Arbitration

   YOU AND PropertyRecord 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 PropertyRecord. THERE IS NO JUDGE OR JURY IN ARBITRATION. IF YOU AND PropertyRecord CANNOT RESOLVE A CLAIM THROUGH NEGOTIATIONS, THE CLAIM SHALL BE FINALLY AND EXCLUSIVELY RESOLVED BY BINDING ARBITRATION AS FOLLOWS:

   All claims arising from or relating to this Agreement shall be resolved exclusively through binding arbitration administered by JAMS (www.jamsadr.com) under its Consumer Arbitration Minimum Standards and Streamlined Rules (collectively, "JAMS Rules"), except as modified below. The Federal Arbitration Act governs this provision.

3. Filing fees and costs

   • Consumer Filing Fee: If you initiate arbitration, you will pay a $250 filing fee (waived if you qualify for a fee waiver under JAMS Policy).
   • Company Obligations: PropertyRecord will pay all other arbitration fees, including JAMS Case Management Fees, arbitrator compensation, and hearing costs, unless the arbitrator determines your claim is frivolous, in which case you may be required to reimburse PropertyRecord for fees incurred.
   • Mass Arbitration: For 25+ similar claims ("Mass Arbitration"), the parties opt into JAMS’ Mass Arbitration Procedures and Guidelines (effective May 1, 2024). PropertyRecord will pay $5,000 of the $7,500 Process Administrator fee, and claims will be coordinated by a single JAMS-appointed Process Administrator to resolve procedural issues efficiently.

4. Attorneys' Fees

   Each party bears its own attorneys’ fees and costs unless (a) a statute authorizes fee-shifting for the claim, or (b) the arbitrator sanctions a party for bad-faith conduct under JAMS Rule 24(h).

5. Location and process

   • Unless otherwise agreed in writing by you and PropertyRecord, the arbitration will take place at the U.S. JAMS location nearest to your city of residence at the time the arbitration is filed.
   • Hearings will occur via videoconference unless in-person proceedings are necessary.
   • The arbitrator may award the same relief available in court and must issue a written decision with findings of fact and conclusions of law.

6. Class Action Waiver

   CLAIMS MUST BE ARBITRATED INDIVIDUALLY, NOT AS CLASS, COLLECTIVE, OR REPRESENTATIVE ACTIONS. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR AWARD RELIEF TO ANYONE EXCEPT THE PARTIES.

7. Small Claims and Opt-Out

   • You may sue in small claims court for disputes within its jurisdiction.
   • To opt out of arbitration, email support@propertyrecord.com within 30 days of agreeing to these Terms with "Arbitration Opt-Out" in the subject line.

8. Enforceability

   If any part of this clause is invalid, the remainder remains enforceable. Challenges to arbitrability shall be decided by a court, not the arbitrator.

9. Remedies in Aid of Arbitration

   THIS AGREEMENT TO ARBITRATE WILL NOT PRECLUDE YOU OR PropertyRecord 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 PropertyRecord 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 AND THAT IS LOCATED IN LAS VEGAS, NEVADA.

10. Conduct of Arbitrator

    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.

    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 MAY AWARD THE SAME DAMAGES OR OTHER RELIEF AVAILABLE IN COURT.

11. Governing Law And Venue

    SUBJECT TO THE ABOVE PROVISIONS REGARDING THE FEDERAL ARBITRATION ACT, THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THIS AGREEMENT’S INTERPRETATION, SHALL BE TREATED AS THOUGH THIS AGREEMENT WERE EXECUTED AND PERFORMED IN 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.

12. Survival

    THE REQUIREMENT TO SUBMIT DISPUTES TO ARBITRATION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Disclaimers, Limitation Of Liability

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW THIS PLATFORM AND THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED OF ANY KIND, 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. WE ARE PROVIDING THIS PLATFORM AND ALL CONTENT CONTAINED HEREIN, INCLUDING ALL REPORTS, ON AN “AS IS” BASIS.

WITHOUT LIMITATION OF THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO:

1. ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, OR INTEROPERABILITY OF ANY CONTENT COMPRISING THE SERVICES;
2. ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, OR USEFULNESS OF ANY CONTENT COMPRISING ANY REPORTS YOU ACCESS ON THIS PLATFORM; AND
3. ANY WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT IN ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

WE DO NOT WARRANT OR GUARANTEE THAT:

1. ANY PORTION OF THE SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR
2. THE FUNCTIONS PERFORMED BY US IN MAKING THE SERVICES OR ANY PROPERTY REPORTS AVAILABLE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES OR ANY INACCURACIES IN ANY PROPERTY REPORTS WILL BE CORRECTED.

PropertyRecord DOES NOT WARRANT THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PropertyRecord, INCLUDING OUR MEMBERS, MANAGERS, OFFICERS, AGENTS, SUCCESSORS, AND/OR ASSIGNS, BE LIABLE TO YOU FOR ANY 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.

YOUR TOTAL DAMAGES, IF ANY, SHALL BE LIMITED TO YOUR RECOVERY OF THE AMOUNTS YOU HAVE ACTUALLY PAID TO US FOR THE SERVICES DURING THE TERM OF THIS AGREEMENT. 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 PropertyRecord AND YOU. THE PLATFORM WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS PropertyRecord AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) YOUR ACCESS TO OR USE OF THE PLATFORM OR THE SERVICES; (B) ANY BREACH BY YOU OF THESE TERMS; OR (C) YOUR VIOLATION OF ANY APPLICABLE LAWS OR REGULATIONS IN CONNECTION WITH YOUR USE OF THE PLATFORM. THE INDEMNIFIED PARTIES RESERVE THE RIGHT, AT THEIR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL COOPERATE AS REASONABLY REQUESTED BY THE INDEMNIFIED PARTIES.

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. PropertyRecord’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.

Miscellaneous Terms

Entire Agreement

THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN PropertyRecord AND YOU CONCERNING YOUR USE OF THE PLATFORM.

Partial Invalidity

IF ANY PROVISION OF THIS AGREEMENT IS HELD BY A COURT OR OTHER TRIBUNAL OF COMPETENT JURISDICTION, IN WHOLE OR IN PART, TO BE INVALID, ILLEGAL, OR UNENFORCEABLE IN ANY RESPECT, FOR ANY REASON, THE VALIDITY, LEGALITY, AND ENFORCEABILITY OF THE REMAINDER OF THAT PROVISION, ANY OTHER REMAINING PROVISIONS, AND OF THE ENTIRE AGREEMENT SHALL NOT IN ANY WAY BE AFFECTED OR IMPAIRED THEREBY AND SHALL BE INTERPRETED, TO THE EXTENT POSSIBLE, TO ACHIEVE THE PURPOSES AS ORIGINALLY EXPRESSED WITH THE PROVISION FOUND TO BE INVALID, ILLEGAL, OR UNENFORCEABLE. EACH PROVISION HEREOF IS INTENDED TO BE SEVERABLE, AND THE VALIDITY, LEGALITY, OR ENFORCEABILITY OF ANY PROVISION OF THIS AGREEMENT SHALL NOT AFFECT THE VALIDITY, LEGALITY, OR ENFORCEABILITY OF THE REMAINDER OF THE AGREEMENT.

No Waiver

THE WAIVER OF A BREACH OF ANY PROVISION OF THIS AGREEMENT BY US SHALL NOT OPERATE OR BE CONSTRUED AS A WAIVER OF ANY OTHER OR SUBSEQUENT BREACH BY YOU.

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 PropertyRecord. WE MAY TRANSFER OUR RIGHTS AND OBLIGATIONS UNDER THIS AGREEMENT AT ANY TIME WITHOUT NOTICE TO YOU. THIS AGREEMENT WILL BE BINDING UPON AND WILL INURE TO THE BENEFIT OF THE PARTIES, THEIR SUCCESSORS, AND PERMITTED ASSIGNS.

No Employment Relationship

NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO CREATE A PARTNERSHIP, JOINT VENTURE, OR COMBINED ENTITY BY OR BETWEEN PropertyRecord AND YOU, OR TO MAKE EITHER THE AGENT OF THE OTHER; AND NEITHER SHALL HAVE THE AUTHORITY TO BIND THE OTHER. YOU AGREE NOT TO HOLD YOURSELF OUT AS A PARTNER, JOINT VENTURER, COMBINED ENTITY, OR AGENT OF PropertyRecord. EACH PARTY IS AND IS INTENDED TO BE ENGAGED IN ITS OWN AND ENTIRELY SEPARATE BUSINESS. EACH PARTY SHALL BE SOLELY RESPONSIBLE FOR DETERMINING THE APPLICABILITY OF, AND COMPLIANCE WITH, ANY PRESENT AND FUTURE FEDERAL, STATE, AND LOCAL LAWS, ORDERS, CODES, REGULATIONS, AND ORDINANCES THAT MAY APPLY TO EACH PARTY AND THEIR RESPECTIVE BUSINESSES AND EMPLOYEES.

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.

Modifications

WE RESERVE THE RIGHT, AT ANY TIME, TO AMEND THE PROVISIONS OF THIS AGREEMENT. NOTICE OF ANY SUCH MODIFICATION(S) WILL BE POSTED AT THE TOP OF OUR WEBSITE PAGE DISPLAYING THIS AGREEMENT ALONG WITH THE EFFECTIVE DATE OF SUCH CHANGE(S), AND/OR YOU MAY BE NOTIFIED UPON YOUR FIRST LOGIN AFTER SUCH MODIFICATION(S) BECOME EFFECTIVE. YOU AGREE TO REGULARLY CHECK THIS AGREEMENT AS POSTED ON OUR WEBSITE TO VIEW THE THEN-CURRENT TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT ANY AMENDMENTS, PLEASE CONTACT US (SEE “CONTACT US” ABOVE). IF WE POST AMENDED TERMS TO THIS AGREEMENT ON OUR WEBSITE, SUCH TERMS WILL AUTOMATICALLY BECOME EFFECTIVE, SHALL BE INCORPORATED INTO THIS AGREEMENT IMMEDIATELY UPON BEING POSTED, AND IF INCONSISTENT WITH ANY OTHER TERMS AND CONDITIONS OF THIS AGREEMENT, SHALL SUPERSEDE ANY SUCH CONFLICTING TERMS OR CONDITIONS. BY ACCESSING AND USING OUR PLATFORM AFTER SUCH REVISED TERMS ARE POSTED, YOU AGREE TO BE BOUND BY ANY SUCH REVISED TERMS. YOUR ACCESS AND USE OF THE PLATFORM WILL ALWAYS BE SUBJECT TO THE MOST CURRENT VERSIONS OF THESE TERMS OF SERVICE AND OUR PRIVACY POLICY IN EFFECT AT THE TIME OF SUCH USE.