1. INTRODUCTION AND ACCEPTANCE
(A) Welcome to Property Intel (“Websites”) interactive online services operated by Aspire LLC (“Aspire”,“us,” “we,” or “our”).
(D) YOU ARE NOT PERMITTED TO USE THIS WEBSITE IF YOU ARE UNDER THE AGE OF 13.
(E) Effective Date: This Agreement is effective as of the date of the last signature above.
2. INTELLECTUAL PROPERTY
3. OUR SERVICES
(A) Our Websites includes functionality allowing users to search for properties, view aerial and other imagery of certain properties, review data relating to properties, graphically edit property images, create property boundaries, perform measurements, as well as other features and functionality (“Services”). Our Services in no way comprise or serve as a substitute for actual property or real estate surveys. For instance, for a variety of reasons (e.g., updates to the property, incorrect data, dated imagery, hidden areas, etc.), the boundaries that our Services may visually depict for a particular property may, in fact, be different from the legal boundaries associated with that property. Results or other information provided through our Services are estimates only and should be treated accordingly.
(B) Aspire expressly reserves the right to limit or change the amount of data or image tiles that may be consumed by you per search, without notice and for any reason, in accordance with the terms of your pricing plan.
4. USER REGISTRATION AND BILLING
(A) You must provide (1) all equipment necessary for your own Internet connection, including computer and modem, (2) pay any fees related to such connection, and (3) your own access to the Internet.
(B) In consideration of your use of the Websites, you agree to: (1) provide accurate, current, and complete information about you as may be prompted by a registration form on the Websites (the “Registration Data”); (2) maintain the security of your password and user identification; (3) maintain and promptly update the Registration Data, and any information you provide to Aspire, to keep it accurate, current and complete; and (4) accept all risks of unauthorized access to information and Registration Data. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Website. If you believe someone has accessed the Websites using your registration account and password without your authorization, e-mail us immediately at email@example.com.
(C) You acknowledge, consent and agree that we may preserve and disclose your Registration Account information and the contents of your online communications if required to do so by law, or in good faith believe that preservation and/or disclosure is reasonably necessary for the following purposes: (1) to comply with legal process, such as a court order, search warrant, or subpoena; (2) to enforce the terms of this Agreement; (3) to render service you request; (4) to protect the rights or property of Aspire and its third-party suppliers and licensors; or (5) in circumstances that we deem, in our sole discretion, to pose a threat to the safety of you or others.
(D) If you subscribe to a Service that requires monthly billing, you agree and authorize Aspire to either automatically bill your credit card every 30 days from the date that you established the Services or ACH your account (in the case that you are an existing Aspire customer). If you elect to be automatically billed each month, you will be required to submit your credit card information to our secure third-party processing company, Stripe Online Payment Processing for Internet Business: https://stripe.com/. Your credit card information is not being submitted to Aspire and Aspire is not responsible or liable for your credit card information.
(E) Each License entitles the holder to the number of address searches specified in the fee section of this agreement. Any additional searches will be subject to additional payment under one of our subscription options.
(F) All address search, map, and property reports credits purchased shall expire one year from date of purchase. Promotional or free trial accounts expire 30 days from activation.
5. YOUR OBLIGATIONS AND CONDUCT
(A) You agree to accept all responsibility and liability for all Content that you upload, post or otherwise transmit via the Websites. You also accept responsibility for all activities that occur under your registration account, whether authorized or unauthorized. If you are using the Website on behalf of your employer, you represent and warrant that you are authorized to accept this Agreement on your employer’s behalf, and that your employer agrees to indemnify you and Aspire for violations of this Agreement.
(B) By placing or downloading material on the Websites, including documents, text, images, audio files or other audio-visual content to the Websites (“User Content”), you represent and warrant: (1) you own or otherwise have all necessary rights to the User Content you provide and the rights to provide it under this Agreement; and (2) the User Content will not cause injury to any person or entity. Using a name other than your own legal name in association with the submission of User Content is prohibited.
(C) Without limitation, you may not submit or transmit through these Websites any material or User Content, or otherwise engage in any conduct, that:
(1) violates or infringes the rights of Aspire or others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy, proprietary and/or intellectual property rights;
(2) is an attempt (i) to reverse engineer, de-compile, modify in any way, or create derivative works from Aspire’s Website Content or software, or any portion thereof, (ii) to access Aspire’s Website Content or software in order to build a competitive product or service or to copy any ideas, features, functions, or graphics of the Software, or (iii) to export or transmit Aspire’s Website Content or software to any country to which such transmission is restricted by applicable regulations or statute;
(3) is inaccurate, unlawful, discriminatory, threatening, abusive, harmful, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, pornographic, obscene, offensive, or otherwise objectionable to Aspire or other uses of the Websites;
(4) victimizes, harasses, degrades, intimidates, discriminates against, or retaliates against an individual or group of individuals on the basis of religion, sex, race, national origin, age, physical or mental disability, sexual orientation, or other characteristics protected by applicable state or federal law;
(5) collects, stores, and/or discloses personal data about other others unless specifically authorized by such others;
(6) impersonates any person, business or entity, including Aspire and our employees and agents;
(7) misrepresents your affiliation with a person or entity;
(8) contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
(9) attempts to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means;
(10) transmits spam, bulk or unsolicited communications or posts third-party advertisements;
(11) that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations or other government requirements or rules having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm, or that otherwise could constitute a criminal offense or give rise to civil liability;
(12) violates this Agreement, guidelines or any policy we post on the Website; or
(13) disrupts the normal flow of dialogue or negatively affects or interferes with other users’ ability to use the Website.
(D) You acknowledge that we have the right (but not the obligation), in our sole discretion, to move, remove, block, edit, or refuse any Content, including User Content, for any reason, including, without limitation, that such User Content violates this Agreement or is otherwise objectionable.
(E) WARNING: A VIOLATION OF THESE RULES MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.
6. USER CONTENT
(A) When using our Services, you may do any of the following now or in the future: (1) post, upload, submit, transmit through or otherwise make available to us (collectively “submit”) data, text, information or other content relating to certain properties; (2) edit or modify the images and other information we supply in return using the functionality and tools available through our Websites; and (3) submit content (e.g., messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials) for posting on our Websites. Any content you submit through or to our Websites is your “User Content.” Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
(B) You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
(D) If your User Content is intended for posting on our Websites, you also grant us the right, but we are under no obligation to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.
(E) We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising, promotional or any other purpose we deem appropriate. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).
(F) We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
7. WEBSITE CONTENT & THIRD PARTY LINKS
(A) We provide the Websites including, without limitation, Website Content for business and promotional purposes only. You may not rely on any information and opinions expressed on any of our Websites for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.
(A) WE ARE NOT LIABLE FOR ANY DAMAGES YOU SUFFER FROM USE OF THE WEBSITE, SERVICES, OR CONTENT.
(B) YOUR USE OF THE WEBSITES IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED HEREIN. THE WEBSITE, INCLUDING THE INFORMATION, SERVICES AND CONTENT LOCATED ON THE WEBSITES, IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ASPIRE, ITS LICENSORS, AND OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OWNERS, MEMBERS, AND CONTRACTORS DISCLAIM ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ASPIRE MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, RELIABILITY OR COMPLETENESS OF THE WEBSITE, CONTENT, OR SERVICES.
(C) ASPIRE MAKES NO WARRANTY OR REPRESENTATION THAT: (1) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (2) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (3) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; (4) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED; OR (5) ANY THIRD-PARTY PROCESSING OF PAYMENT OR CREDIT CARDS WILL BE SECURE.
(D) YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USING, ACCESSING, OR OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
(E) THE WEBSITES, INCLUDING THE INFORMATION, SERVICES AND CONTENT, IS INTENDED FOR USE WITHIN THE UNITED STATES. WE MAKE NO REPRESENTATION THAT THE WEBSITE, INCLUDING THE INFORMATION, SERVICES AND CONTENT, ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO CHOOSE TO ACCESS THE WEBSITE FROM LOCATIONS OTHER THAN THE UNITED STATES DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS IF AND TO THE EXTENT LOCAL U.S. LAWS ARE APPLICABLE.
(F) APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OF OR THE ENTIRE EXCLUSION MAY NOT APPLY TO YOU.
10. LIMITATION ON LIABILITY
(A) TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT WILL ASPIRE, ITS LICENSORS, AND OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES RESULTING FROM OR ARISING OUT OF THE USE OF THE WEBSITE, SERVICES, OR CONTENT, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE), EVEN IF ASPIRE HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACTOR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (1) THE USE OF OR THE INABILITY TO USE OR ACCESS THE WEBSITE, SERVICES, OR CONTENT; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITES; (3) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITES, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (4) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY, RELY ON, OR DISTRIBUTE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT OR SERVICES, IS TO STOP USING THE WEBSITE.
(C) IN SOME JURISDICTIONS LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
(D) THIS AGREEMENT DEFINES YOUR SOLE AND EXCLUSIVE REMEDY.
11. TERM, TERMINATION AND CANCELLATION
(B) Your right to use the Websites, Services, and Content automatically terminates if you violate this Agreement or any rules or guidelines posted in connection with the Websites. We also reserve the right, in our sole discretion, to terminate your access to all or part of any of the Website, for any reason, with or without notice.
(D) You may cancel the Services at anytime, but such cancellation shall not be effective until the expiration of the current Term as defined in the Fees section of this Agreement. You shall not be entitled to refunds for Services for which you have already paid, including, without limitation, automatic monthly payments.
12. CHOICE OF LAW; JURISDICTION AND VENUE
13. DISPUTE RESOLUTION
(2) If either of us wants to arbitrate a dispute, we agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. We will send notice to you based on the contact information you have provided us and notice to us must be sent to: firstname.lastname@example.org. We agree to make attempts to resolve the dispute. If we cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then we may submit the dispute to formal arbitration.
(3) The FAA applies to this Agreement and arbitration provision. We each agree the FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
(6) We each agree not to pursue arbitration on a classwide basis. We each agree that any arbitration will be solely between you and Aspire (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the dispute must be brought in court.
(7) We each are responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration.
14. NO CLASS ACTIONS TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES RELATING TO THIS AGREEMENT ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
15. NO TRIAL BY JURYTO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
16. AMENDMENT; ADDITIONAL TERMS
(D) You agree that any material breach of Sections 2, 5, 8, 9, 10, 12, 13, 14, and 15 of this Agreement will result in irreparable harm to Aspire for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Aspire will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Aspire seeks such an injunction. Rights and obligations under this Agreement, which, by their nature, should survive will remain in full effect after termination or expiration of this Agreement.