Terms of Use

TERMS OF USE

Effective Date: August 10th, 2020

PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY PROPERTYMETRICS LLC (“COMPANY”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR AND YOUR BUSINESS OR OTHER LEGAL ENTITY’S (“YOU”) USE OF THE VARIOUS WEBSITES OWNED AND OPERATED BY COMPANY, INCLUDING, WITHOUT LIMITATION, THE WWW.PROPERTYMETRICS.COM WEBSITE AND DOMAIN NAME (“SITE” or “SITES”), AND ANY OTHER FEATURES, CONTENT, COURSES, OR APPLICATIONS OFFERED FROM TIME TO TIME IN CONNECTION THEREWITH (COLLECTIVELY, THE “SERVICE”). BY USING THE SITES OR SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITES OR SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITES. BY ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT AND THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT.

Acceptance of Terms. The Service is offered subject to acceptance without modification of these Terms of Use and all other operating rules, policies and procedures that may be published from time to time on the Sites by Company. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Company from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

Modification of Terms of Use. Company reserves the right, at its sole discretion, and without prior notice to you, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Sites or by sending you an email. Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Registration. As a condition to using certain aspects of the Service, you will be required to register with Company and select a password and screen name (“Company User ID”). You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Company account. You shall not (i) select or use as a Company User ID a name of another person with the intent to impersonate that person; (ii) use as a Company User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Company User ID a name that is otherwise offensive, vulgar or obscene. Company reserves the right to refuse registration of, or cancel a Company User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Company password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Company in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

Financial Disclaimer. The Service is meant as an aid to assist you in analyzing commercial real estate. It is not intended to provide legal, tax, real estate, investment, or financial advice. You acknowledge and agree that you are responsible for your own legal, tax, real estate, financial and investment research and decisions, that the Service is only one tool that you may use as part of a comprehensive analysis or educational process, as applicable, that should involve many other tools and sources of information, that you should not rely on the Service, and that Company will not be liable for any decision made or action taken by you or others based upon information or materials obtained through use of the Service. Prior to the implementation of any legal, tax, financial or investment decision or activity, you should always consult with your relevant legal, tax, financial or investment advisor or representative. THE SERVICE IS NOT INTENDED TO PROVIDE LEGAL, REAL ESTATE, INVESTMENT, TAX OR FINANCIAL ADVICE. THE CALCULATIONS AND DATA PRESENTED BY THE SERVICE ARE INTENDED FOR THE PURPOSE OF ILLUSTRATIVE PROJECTIONS, ANALYSIS AND EDUCATION, AS APPLICABLE, AND ARE SPECIFICALLY NOT GUARANTEED TO BE ACCURATE FOR ANY SPECIFIC SITUATION OR SET OF DATA.

Fees and Payment. Company reserves the right to require payment of fees for certain features of the Service. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the Sites in connection with such features. Company reserves the right to change its pricing and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Sites. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges.

Company accepts certain credit cards and for subscription products will automatically charge your selected credit card for all applicable fees on a one-time, monthly, quarterly, or yearly basis, as applicable, depending on which account and Service you select, until you or we cancel your account. With respect to our subscription-based services, the account fee (plus any applicable taxes) will be billed after any free trial period when you first choose to open an account and each month, quarter, or year (depending on which account you select) thereafter unless and until you cancel your membership. Account charges for subscription-based products are fully earned upon payment and there are no refunds or credits for partially used months, quarters, or years, as applicable. Our one-time Service fees, such as fees for our course content, are fully earned upon payment and unless otherwise stated on our Site with respect to a particular Service, there are no refunds or credits for such Services. If any fee is not paid in a timely manner, or Company is unable to process your transaction using the credit card information provided, Company reserves the right to revoke access to your account. All information that you provide in connection with a monetary transaction through the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction through the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any monetary transactions.

If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your information by accessing your account setting page. If your credit card reaches its expiration date, your continued use of the Company constitutes your authorization for us to continue billing that credit card and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information current and updated.

Refunds. You may cancel your Company account at any time; however, unless otherwise stated on our Site with respect to a particular Service, there are no refunds for cancellation. If you cancel before the end of your billing cycle, you have access to your account for the remainder of the billing cycle. In the event that Company suspends or terminates your account or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.

Cancellations. Your Company account will continue in effect unless and until you cancel your account, or we terminate it. With respect to our subscription-based services, you must cancel your account before it renews each month, quarter, or year (depending on which account you select) in order to avoid billing of the next month’s/year’s fees to your credit card. With respect to our Services billed on a one-time basis, such as our course content, you may cancel your account as stated on our Site with respect to the specific Service that you signed up for.

Monitoring. We reserve the right, but not the obligation, to monitor your access and use of this Site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy.

Online Alerts. Through the Service, you may receive certain types of alerts. Account alerts may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. Company may add new alerts from time to time, or cease to provide certain alerts at any time in its sole discretion. Each alert has different options available, and you may be asked to select from among these options.

Electronic alerts will be sent to the email address you have provided as your primary email address. You are responsible for informing us of changes to your e-mail address. Because alerts are not encrypted, we will never include your password. However, alerts may include your Company User ID and/or information about your accounts. Depending upon which alerts you select, information such as an account balance or the due date for your credit card payment may be included. Anyone with access to your email will be able to view the content of these alerts. You may disable future alerts at any time.

You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. Company does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of any alert. You also agree that Company shall not be liable for any delays in delivery or failure to deliver any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

Links to This Site. Company grants you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Site so long as the link does not portray Company or its products or services in a false, misleading, derogatory, or offensive matter. You may not use the Company logo, Company trademark, or Company’s name or trademarks, or other proprietary graphic in the link without the prior written permission of Company.

Third Party Sites. The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Sites. When you access third party websites, you do so at your own risk. These other websites are not under Company’s control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

Rules and Conduct. You may not use the Service for any purpose that is prohibited by these Terms of Use. The Service is provided only for your internal use in connection with your lawful business activities. You are responsible for all of your activity in connection with the Service.

By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) post any content on or through the Service, that:

infringes any intellectual property or other proprietary right of any other person or entity;
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
involves commercial activities and/or sales without Company’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Company or any third party; or
impersonates any person or entity, including any employee or representative of Company.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Company may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Sites.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service or the Sites, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service or the Sites, (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder, or (iv) use or access the Service or the Sites in order to build a competitive product or service. You shall abide by all applicable local, state, national and international laws and regulations when using the Service and the Sites.

Company reserves the right to remove any data, information or content from the Sites or Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such data, information or content or if Company is concerned that you may have violated the Terms of Use), or for no reason at all.

Company and Site Content. You agree that the Service contains Content specifically provided by Company or its partners. For purposes of these Terms of Use, the term “Content” means, without limitation, any advertisements, advice, suggestions, blogs or forum comments, information, programs, educational materials, educational programs, proformas, spreadsheets, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Company or its partners on or through the Service. The term “Content” does not include any data or information that you may input into our Service from time to time (the “User Data”) or your personally identifiable information (or “PII” as further defined in our Privacy Policy), but it does include personally identifiable information and other data and information that other users input into our Service. All Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service.

You agree that, as between you and us, we own all rights, title and interest in and to the Content and you have no ownership rights to any such Content. More particularly, but without limitation of the generality of the foregoing, you shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you (i) without the consent of the respective owners or other valid right, and (ii) in any way that violates any third party right.

You may, to the extent the Sites expressly authorize you to do so, download or copy the Content, and other items displayed on the Sites for download, for your internal business use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than for your internal business use is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content’s copyright notice.

Notwithstanding the foregoing, you shall retain all rights, title and interest in and to your User Data and your PII. You hereby grant to us the non-exclusive, worldwide, royalty-free, and perpetual right and license, with the right to sublicense, to use, modify, distribute, copy, reproduce, and transmit the User Data for purposes of performing our Services, running anonymous statistical analyses and research, complying with legal processes (such as, for instance, responding to a subpoena or audit information request), and for any other legitimate business purpose. Our rights with respect to your PII are set forth in our Privacy Policy.

Termination. Company may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Sites. Unless otherwise stated on our Site with respect to a particular Service, any fees paid hereunder are non-refundable. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

USA Patriot Act Notice. The U.S. federal USA Patriot Act (“USA Patriot Act”) provides generally for the operator of a communication host and law enforcement to be able to monitor any content, upon request of the operator. We anticipate fully complying with all our obligations, and availing ourselves of all our rights, under the USA Patriot Act.

Copyright Infringement; The Digital Millennium Copyright Act Notice. This site is an Internet “service provider” under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):

PROPERTYMETRICS LLC
Agent’s Name/Email Address:support@propertymetrics.com

You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.

In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

Warranty Disclaimer. Company makes no representations concerning any Content contained in or accessed through the Sites, and Company will not be responsible or liable for the reliability, timeliness, quality, suitability, availability, accuracy, completeness, copyright compliance, legality or decency of any Content or material contained in or accessed through the Sites. You should independently verify all Content and other information that you access through the Service. By using the Service, you agree that Company shall not be responsible for (1) any Content, (2) any person’s reliance on any such Content, whether or not correct, current and complete, or (3) the consequences of any action that you or any other person takes or fails to take based on any Content or otherwise as a result of your use of the Service. Your use of or reliance on any Content is at your own risk.

THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITES OR ANY WEBSITE LINKED TO THE SITES. Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company’s equipment, transmitted over networks accessed by the Sites, or otherwise connected with your use of the Service.

Indemnification. You shall defend, indemnify, and hold harmless Company, its affiliates and each of its, and its affiliates, owners, employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Sites, Service, Content, or otherwise from any content that you post to the Sites, (ii) your violation of the Terms of Use, or (iii) infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Company in asserting any available defenses.

Limitation of Liability.

IN NO EVENT SHALL COMPANY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE), (III) FOR YOUR RELIANCE ON THE SERVICE OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00) OR, IF GREATER, THE FEES PAID BY YOU FOR THE SERVICE IN THE PRECEDING SIX (6) MONTH PERIOD. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

California Residents. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.

International/Non-Florida Use. Company makes no representation that the Content is appropriate or available for use in locations outside of Florida, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

Integration and Severability. The Terms of Use are the entire agreement between you and Company with respect to the Service and use of the Sites, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Company with respect to the Sites. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Jurisdiction And Venue. The courts of Duval County in the State of Florida, USA and the nearest U.S. District Court to Duval County in the State of Florida, USA shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms of Use.

Controlling Law. These Terms of Use shall be construed under the laws of the State of Florida, USA, excluding rules regarding conflicts of law.

Assignment. You may not assign or transfer any of your interest in or rights or obligations under these Terms of Use without our prior written consent. We may, however, assign or transfer any of our rights or obligations under these Terms of Use to any third party without your prior consent.

Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond their reasonable control and without their fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.

Authority, Eligibility. In accordance with the Children’s Online Privacy Protection Act, children under the age of 13 are prohibited from using the Sites. If you are a parent or guardian of a minor child, you may use this Site in compliance with these Terms of Use and the Privacy Policy on their behalf, and any reference to “you” or “your” in these Terms of Use shall refer to such minor child. Membership on this Site is null and void if prohibited by applicable law. By using the Site, you represent and warrant to us that you are at least 18 years of age, that you have the proper right, authority and capacity to enter into these Terms of Use on your behalf or on behalf of another person, and that you will abide by the terms and conditions contained in these Terms of Use.

Privacy. Please review this Site’s Privacy Policy which also governs your visit to this Site.

Effective Date: August 10th, 2020

Terms of Use

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