Effective Date: 02/26/2015
Last Updated Date: 02/26/2015
information we obtain through the Service. All other terms not defined herein will have the meanings set forth in the Terms.
“Personal Information” means information that alone or when in combination with other information may be used to readily identify, contact, or locate you, such as: name, address, email address, or phone number. We do not consider Personal Information to include information that has been anonymized so that it does not allow a third party to easily identify a specific individual.
The Service Collects Your Information
Personal Information Collection. If you are an Authorized User, then you must register to use the Service. To register, you may need to provide Personal Information, such as your email address, and will need to create a username and password.
Using the Service. If you are an Authorized User, we collect information you post through the Service. For example, when you submit Data, the Service will collect the information you provide in such submissions, including any Personal Information.
Customer Support. We may collect Personal Information through your communications with our customer-support team.
Cookies, Automatic Data Collection, and Related Technologies. The Service collects and stores information that is generated automatically as you use it, including your preferences and anonymous usage statistics.
When you visit the Service, we and our third-party service providers receive and record information on our server logs from your browser, including your IP address, and from cookies and similar technology. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Service may not work properly.
By using the Service, you are authorizing us to gather, parse, and retain data related to the provision of the Service.
How PROPERTYPILOT Uses Your Information
Internal and Service-Related Usage. We use information, including Personal Information, for internal and service-related purposes only and may provide it to third parties to allow us to facilitate the Service. We may use and retain any data we collect to provide and improve our services.
Communications. If you are an Authorized User, then we may send email to the email address you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance.
Aggregate Data. We may anonymize and aggregate data collected through the Service and use it for any purpose.
PROPERTYPILOT May Disclose Your Information
We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers retained in connection with the provision of the Service.
Displaying to Other Users. If you are an Authorized User, then the Data you post to the Service will be displayed on the Service.
As Required By Law and Similar Disclosures. We may access, preserve, and disclose your Personal Information, other account information, and content if we believe doing so is required or appropriate to: comply with law enforcement requests and legal process, such as a court order or subpoena; respond to your requests; or protect yours’, ours’ or others’ rights, property, or safety.
We may also disclose your Personal Information with your permission.
Security of Your Information
By using the Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an e-mail to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us at [email protected]
We do not knowingly collect, maintain, or use Personal Information from children under 13 years of age, and no part of the Service is directed to children under the age of 13. If you learn that your child has provided us with Personal Information without your consent, you may alert us at [email protected] we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child’s account.
If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your information you consent to any transfer and processing in accordance with this Policy.
UPDATE YOUR INFORMATION OR POSE A QUESTION OR SUGGESTION
79 Hudson Street, Suite #503
Hoboken, NJ 07030
Binding Agreement. These Terms constitute a binding agreement between you and PropertyPilot, LLC and its affiliates and subsidiaries (“PropertyPilot,” “we,” “us”). “You” and “users” means all visitors to the Service. You accept these Terms each time you access the Service. If you do not accept these Terms, you must not use the Service. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Service.
Revisions to Terms. We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the Service after a change to these Terms constitutes your binding acceptance of these Terms.
Master Subscription Agreement. If you are an Authorized User (as defined below), then your Organization has entered into a Master Subscription Agreement with PropertyPilot (the “Agreement”). You are responsible for complying with these Terms, as well as any other terms in the Agreement that apply to your use of the Service. To the extent there is a conflict between these Terms and the Agreement, the Agreement will govern.
The terms “Post” and “Posting” as used in these Terms means the act of submitting, uploading, publishing, displaying, or similar action on the Service.
The “Service” means the PropertyPilot platform that allows you to search for information about properties in a particular geographic location.
Children. No part of the Service is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS The SERVICE AT ANY TIME OR IN ANY MANNER.
Agent of a Company, Entity, or Organization. You may not access or use the Service on behalf of a company, entity or organization (collectively, “Organization”) that has not entered into an Agreement. If you are using the Service on behalf of an Organization that has entered into an Agreement with PropertyPilot, then you represent and warrant that you:
1. are an authorized representative of that Organization;2. have the authority to bind that Organization to these Terms; and3. agree to be bound by these Terms on behalf of that Organization.
Your Log-In Credentials. To use the Service as an Authorized User, PropertyPilot will provide you with a username and password. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service.
You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify PropertyPilot by e-mail to [email protected] will be solely responsible for the losses incurred by PropertyPilot and others due to any unauthorized use of your account.
If you are an Authorized User, you agree to receive email from us at the email address you provided to us for customer service-related purposes.
Electronic Notices. By using the Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system’s breach, we may attempt to notify you electronically by Posting a notice on the Service or, if you are an Authorized User, sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at [email protected]
The contents of the Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other PropertyPilot content (collectively, “PropertyPilot Content”). All PropertyPilot Content and the compilation (meaning the collection, arrangement, and assembly) of all PropertyPilot Content are the property of PropertyPilot or its licensors and are protected under copyright, trademark, and other laws.
License to You. If you are an Authorized User, we authorize you, subject to these Terms, to access and use the Service and the PropertyPilot Content; if you are not an Authorized User, you may only access and use the Service and the PropertyPilot Content for personal, non-commercial purposes, at our discretion. Any other use is expressly prohibited. Unless you are an Authorized User, this license is revocable at any time without notice and with or without cause. If you are an Authorized User, then y our license to use the Service is coterminous with the term of your Organization’s Agreement. Unauthorized use of the PropertyPilot Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original PropertyPilot Content on any copy you make of the PropertyPilot Content.
PropertyPilot Marks. PropertyPilot, the PropertyPilot logo, and other PropertyPilot logos and product and service names are or may be trademarks of PropertyPilot (the “PropertyPilot Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the PropertyPilot Marks.
PropertyPilot Claims No Ownership. If you are an Authorized User, then the Service may provide you with the ability to Post a variety of information and content, including, without limitation, data regarding properties (“Data”). PropertyPilot claims no ownership or control over Data.
You Acquire No Ownership of Others’ Data. You understand and agree that you will not obtain, as a result of your use of the Service, any right, title, or interest in or to Data delivered via the Service or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the Data.
You Must Have Rights to the Data You Post. If you are an Authorized User, then you represent and warrant that: (i) you own the Data you Post on or through the Service or otherwise have the right to grant the license set forth in these Terms, (ii) the Posting and use of your Data on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the Posting of your Data on the Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Data you Post on or through the Service. You also acknowledge and agree that your Data is non-confidential.
We appreciate hearing from our users and welcome your comments regarding the Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“Creative Ideas”), we will:
1. own, exclusively, all now known or later discovered rights to the Creative Ideas;2. not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and 3. be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
There is a wide variety of content displayed on the Service, including, without limitation, Data and other information or content provided to PropertyPilot by other users, PropertyPilot’s licensors, and other third parties (“Service Content”). We do not represent or guarantee the truthfulness, accuracy, or reliability of Service Content. You accept that any reliance on Service Content will be at your own risk. By using the Service you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. PropertyPilot does not endorse any, nor is it responsible for, Service Content. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Service Content other than your Data.
If you are an Authorized User, then you are solely responsible for your Data. You assume all risks associated with your Data, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, your Data contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.
You agree to use the Service only for its intended purpose. You must use the Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Service are prohibited. You may not:
1. attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Service, user accounts, or the technology and equipment supporting the Service;2. frame or link to the Service without permission;3. use data mining, robots, or other data gathering devices on or through the Service;4. Post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;5. disclose personal information about another person or harass, abuse, or Post objectionable material;6. sell, transfer, or assign any of your rights to use the Service to a third party without our express written consent;7. Post advertising or marketing links or content, except as specifically allowed by these Terms;8. use the Service in an illegal way or to commit an illegal act in relation to the Service or that otherwise results in fines, penalties, and other liability to PropertyPilot or others;9. share the Services with affiliates or departments of your Organization or any other third party, including through joint marketing arrangements, except as permitted by your Agreement;10. use the Service outside the United States without the prior written consent of PropertyPilot;11. use the Service’s message boards (i) as a factor in establishing an individual’s eligibility for credit or insurance, (ii) in connection with underwriting individual insurance, (iii) in evaluating an individual for employment purposes, (iv) in connection with a determination of an individual’s eligibility for a license or other benefit granted by a governmental authority, (v) in a way that would cause the Services or Data to constitute a “consumer report” under the Fair Credit Reporting Act, 15 U.S.C. §1681 et seq., or (vi) in any other manner that would cause such use of the Service to be constructed as a consumer report by any authority having jurisdiction over any of the parties; or12. access the Service from a jurisdiction where it is illegal or unauthorized.
If you are not an Authorized User, then we reserve the right to suspend or terminate your account and prevent access to the Service for any reason, at our discretion.
We reserve the right to refuse to provide the Service to you in the future.
PropertyPilot may review and remove any Data at any time for any reason, including Data which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Service.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Service.
Changes to the Service. We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any feature, without notice or liability.
User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release PropertyPilot of all claims, demands, and damages in disputes among users of the Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Service.
Content and Data Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any Service Content. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Service. Use the Service at your own risk.
Third-Party Websites. The Service may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
We make no promises and disclaim all liability of specific results from the use of the Service.
Released Parties Defined. “Released Parties” include PropertyPilot and its affiliates, officers, employees, agents, partners, and licensors.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS AND, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROPERTYPILOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (v) YOUR RELIANCE ON SERVICE CONTENT; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF SERVICE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Service Content, or (iii) your breach of these Terms. We will provide notice to you promptly of any such claim, suit, or proceeding.
These Terms constitute the entire agreement between you and PropertyPilot concerning your use of the Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.
These Terms and the relationship between you and PropertyPilot will be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. You and PropertyPilot agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, will be conducted in Hudson County in the State of New Jersey. You covenant not to sue PropertyPilot in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Service or these Terms:
79 Hudson Street, Suite 403
Hoboken, New Jersey 07030
79 Hudson Street