Terms of Service
Welcome to PropertyTracker.com. Use of this site is subject to the terms and conditions contained in the PropertyTracker.com Terms of Service Agreement set forth below. In continuing to access or use our site, you agree to be bound by all terms and conditions within the Agreement.
SCOPE OF THE AGREEMENT
The Agreement applies to all PropertyTracker.com web sites, other electronic channels as described below, and electronic content, services and tools. This Agreement applies to all PropertyTracker.com services regardless of the means by which you access such services.
The Agreement incorporates by reference any rules and guidelines of any PropertyTracker.com service for which you register.
REVISIONS AND RELATION TO OTHER AGREEMENTS OR DISCLOSURES
PropertyTracker.com may revise the Agreement at any time, and you agree to be bound by future revisions. It is your responsibility to visit the link at the bottom of the PropertyTracker.com home page periodically to review the most current terms and conditions.
REGISTRATION INFORMATION, PRIVACY AND PERSONALIZATION
When you register for a PropertyTracker.com membership, we may ask you to
give us certain identifying information ("Registration"). You agree to provide
true, accurate, current and complete information about yourself. You also agree
not to impersonate any person or entity, misrepresent any affiliation with
another person, entity or association, use false headers or otherwise conceal
your identity from PropertyTracker.com for any purpose. We agree to treat
with care the information you entrust to us, in accordance with the disclosures
For your protection and the protection of our other customers and Web site users, we ask you not to share your Registration information (including usernames and passwords) with any other person outside of your immediate family for the purpose of facilitating their access and unauthorized use of PropertyTracker.com.
While certain personalization features can provide a more convenient way to
access the data and features most relevant to you, be aware that "cookies" and
other similar identification techniques are used to associate you with the
computer or electronic device that you are using. We recommend that you log
out of your account when you are finished with an online session, especially
if you are using a public computer (for example, in a library or internet cafe).
UNAUTHORIZED USE OF YOUR REGISTRATION
If you believe that someone has used your Registration information to access any PropertyTracker.com service without your authorization, please contact us immediately.
LICENSE TO YOU
PropertyTracker.com grants you a single, non-exclusive, non-transferable and limited personal license to access and use the PropertyTracker.com Services. This license is conditioned on your continued compliance with the terms and conditions in the Agreement.
You can cancel your membership to PropertyTracker.com at any time by clicking
the "Membership Info" link. Upon cancellation, no additional charges will be
made to your credit card.
NOTICES, COMMUNICATIONS, AND ELECTRONIC SIGNATURES
You agree to accept all communications from us regarding use of the PropertyTracker.com
services at the addresses you provide during Registration. Please promptly
update any changes to your registration information by using the "Edit Profile" link.
PropertyTracker.com is entitled to rely on the e-mail address and U.S. mail
address that you last provided to us. You agree to waive all claims resulting
from failure to receive communications because of changes in your e-mail or
U.S. mail address.
USE OF PROPERTYTRACKER.COM SERVICES
The following requirements apply to your use of all PropertyTracker.com services:
You will not use any electronic communication feature for any purpose that is unlawful, tortuous, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful.
You will not upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
You will not use any service for any commercial purpose not expressly approved.
You will not upload, post, e-mail or otherwise transmit any advertising or
promotional materials, including without limitation, "junk mail," "surveys," "spam," "chain letters," "pyramid schemes," or
any other form of solicitation or unauthorized communication.
You will not upload, post, e-mail or otherwise transmit any material that contains viruses or any other computer code, files or programs which might interrupt, limit or interfere with the functionality of any computer software or hardware or telecommunications equipment.
PropertyTracker.com may make available to you a broad range of financial
information that we obtain via Third Party Service Providers. Collectively,
we refer to this as "Market Information." PropertyTracker.com does not endorse
or approve Market Information, and we make it available to you only as a service
and convenience. PropertyTracker.com and our Third Party Service Providers
do not (1) guarantee the accuracy, timeliness, completeness or correct sequencing
of Market Information, or (2) warrant any results from your use or reliance
on Market Information. Market Information may quickly become unreliable for
various reasons including, for example, changes in market conditions or economic
circumstances. Neither PropertyTracker.com nor the Third Party Service Providers
are obligated to update any information or opinions contained in any Market
Information, and we may discontinue offering Market Information at any time
without notice. You agree that neither PropertyTracker.com nor the Third Party
Service Providers will be liable to you in any way for the termination, interruption,
delay, or inaccuracy of any Market Information. You will not redistribute or
facilitate the redistribution of Market Information, nor will you provide access
to Market Information to anyone who is not authorized by PropertyTracker.com
to receive Market Information
NO INVESTMENT ADVICE OR RECOMMENDATIONS
The PropertyTracker.com services and content (including Market Information) are for information, education, and entertainment purposes only. Although PropertyTracker.com services may provide information relating to investment approaches, you should not construe any Market Information, features, tools or other content available as legal, tax, investment, financial or other advice. Nothing contained in any PropertyTracker.com service or any other content on our Web site constitutes a solicitation, recommendation, endorsement, or offer by PropertyTracker.com or a Third Party Service Provider to buy or sell any securities or other financial instruments.
You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any PropertyTracker.com service before making any decisions based on Market Information or content. In exchange for using PropertyTracker.com services, you agree not to hold Propety-Tracker.com or any Third Party Service Provider liable for any possible claim for damages arising from any decision you make based on information made available to you through any Schwab Service.
USE OF ACCESS DEVICES
With the exception of applications commonly known as Web Browser software, or other applications formally promoted, endorsed or approved in writing, you agree not to use any software, program, application or any other device to access or log on to any PropertyTracker.com service, or to automate the process of obtaining, downloading, transferring or transmitting any Market Information or any other content to or from any service.
SECURITY OF DATA TRANSMISSIONS AND STORAGE
Electronic (including wired and wireless) communications through the PropertyTracker.com are encrypted using 128-bit SSL encryption.
DISCLAIMERS OF WARRANTIES
ALTHOUGH PROPERTYTRACKER.COM TRIES TO PROVIDE ACCURATE AND TIMELY INFORMATION
THROUGH ITS SERVICES, THERE MAY BE INADVERTENT TECHNICAL OR FACTUAL INACCURACIES
AND TYPOGRAPHICAL ERRORS. PROPERTYTRACKER.COM RESERVES THE RIGHT TO MAKE CHANGES
AND CORRECTIONS AT ANY TIME, WITHOUT NOTICE. THE INFORMATION PROVIDED THROUGH
THE PROPERTYTRACKER.COM SERVICES IS PROVIDED "AS IS" AND "AS AVAILABLE." PROPERTYTRACKER.COM
DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION,
TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE SERVICES. PROPERTYTRACKER.COM
PROVIDES NO GUARANTEE AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR
FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. PROPERTYTRACKER.COM
EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE
OR MISINTERPRETATION OF, ANY INFORMATION CONTAINED IN THE SERVICES. PROPERTYTRACKER.COM
MAY CHANGE INFORMATION CONTAINED IN THE SERVICES AT ANY TIME AND MAKES NO COMMITMENT
TO UPDATE THE INFORMATION CONTAINED IN THE SERVICES. YOU ASSUME THE ENTIRE
FURTHER, PROPERTYTRACKER.COM MAKES NO WARRANTIES REGARDING THE SERVICES. PROPERTYTRACKER.COM AND ITS AFFILIATES AND AGENTS (INCLUDING THIRD PARTY SERVICE PROVIDERS) DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROPERTYTRACKER.COM WEB-SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER ELECTRONIC SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROPERTYTRACKER.COM OR THROUGH OR FROM THE PROPERTYTRACKER.COM SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LIMITATION OF LIABILITY AND INDEMNIFICATION
YOU AGREE TO INDEMNIFY AND HOLD PROPERTYTRACKER.COM AND ITS AFFILIATES, AGENTS, EMPLOYEES, AND LICENSORS (INCLUDING THE THIRD PARTY SERVICE PROVIDERS) HARMLESS FROM ANY CLAIM, DEMAND, LOSS, COSTS OR EXPENSE, INCLUDING ATTORNEYS' FEES, MADE BY ANY PERSON ARISING OUT OF YOUR VIOLATION OF THIS AGREEMENT, STATE OR FEDERAL SECURITIES LAWS OR REGULATIONS, OR ANY OTHER PERSON'S RIGHTS, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF ANY COPYRIGHT OR VIOLATION OF ANY PROPRIETARY OR PRIVACY RIGHT.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL PROPERTYTRACKER.COM OR ITS AFFILIATES, AGENTS, EMPLOYEES, OR LICENSORS (INCLUDING THIRD PARTY SERVICE PROVIDERS) BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY PROPERTYTRACKER SERVICE, EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL PROPERTYTRACKER.COM OR ITS THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TORT, CONTRACT OR ANY OTHER LIABILITY ARISING IN CONNECTION WITH THE USE OF A PROPERTYTRACKER.COM SERVICE, OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED BY PROPERTYTRACKER.COM. PROPERTYTRACKER.COM AND ITS THIRD PARTY SERVICE PROVIDERS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU AND/OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION, FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF PROPERTYTRACKER.COM OR ITS THIRD PARTY SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROPERTYTRACKER.COM SERVICES; (ii) THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS OR PERSONALIZATION SETTINGS; (iii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE PROPERTYTRACKER.COM SERVICES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE PROPERTYTRACKER.COM SERVICES; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY, EVEN IF THE THIRD PARTY HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO THE PROPERTYTRACKER.COM SERVICES. YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD PROPERTYTRACKER.COM RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES (INCLUDING THIRD PARTY SERVICE PROVIDERS) IN CONNECTION WITH THE PRORERTY-TRACKER.COM SERVICES.
Because some states prohibit the limitation of liability for consequential or incidental damages, in such states the limitation of liability only with respect to consequential or incidental damages] may not apply to you, and the respective liability of PropertyTracker.com and its Third Party Service Providers, employees, distributors and agents is limited to the greatest extent allowable under applicable law in those states.
In the event that a court or arbitration panel, as the case may be, should hold that the limitations of liabilities or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any of your remedies under this Agreement fail then you expressly agree that under no circumstances will the total, aggregate liability of PropertyTracker.com and its Third Party Service Providers, employees, distributors, agents or affiliates, to you or any party claiming by or through you for any cause whatsoever exceed $100 (U.S.), regardless of the form of action and whether in contract, statute, tort or otherwise.
RESTRICTIONS ON USE
Except as otherwise permitted by PropertyTracker.com, no materials from the PropertyTracker.com services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on the PropertyTracker.com services for non-commercial, personal use. If you do so, you agree to retain all copyright and other proprietary notices contained on the materials. You may not use, distribute, modify, transmit, or post the content of the PropertyTracker.com services for public or commercial purposes, including any text, images, audio, or video without PropertyTracker.com's written permission.
MODIFICATIONS, SUSPENSIONS AND TERMINATIONS OF SERVICES
PropertyTracker.com reserves the right to modify or discontinue temporarily or permanently, a PropertyTracker.com Service (or any part thereof) with or without notice. You agree that PropertyTracker.com will not be liable to you or to any third party for any modification, suspension or discontinuance of a PropertyTracker.com service. The license granted under the Agreement will terminate if PropertyTracker.com believes that any information provided by you, including your e-mail address, is no longer current or accurate, or if you fail to otherwise comply with any term or condition of the Agreement and all Rules and Guidelines. Upon such violation, you agree to terminate access to the PropertyTracker.com services.
The Agreement, and all future agreements you may enter into with PropertyTracker.com, unless otherwise indicated on such other agreement, will be governed by the law of the state of California, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with PropertyTracker.com in California or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, you agree to submit to the personal and exclusive jurisdiction of the courts located within the City and County of San Bernardino, California. If any part of the Agreement is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.