Terms and Conditions


Terms and Conditions

Introduction

Propertyreport247.com Online Shop is provided and administered by Abstract Shop, LLC and enables online access to Title products and services.

Propertyreport247.com agrees to provide access to the Online Shop to you under these terms and conditions including the Propertyreport247.com Privacy Statement

  • by clicking the "I ACCEPT" button you understand and agree to these terms and conditions.
  • by accessing the Online Shop, Propertyreport247.com will treat that access as acceptance of these terms and conditions.

You may access by registering and will be able to view various products within the Online Shop.

Direct any questions regarding these terms and conditions to info@propertyreport247.com prior to accepting these terms and conditions.

Propertyreport247.com may amend these terms and conditions at any time.

In the case of any conflict between these terms and conditions and any act or regulation, the act or regulation prevails.

Access to Products

Unless otherwise agreed in writing by Propertyreport247.com, you are prohibited from:

  • Using the products other than for your own business purposes; or
  • Altering the format, meaning or substance of any products supplied; or
  • Making copies of the products other than as are reasonably required for backup purposes

At any time Propertyreport247.com may:

  • Amend access to the Online Shop or the products and services available within the Online Shop; or
  • Discontinue the Online Shop in its entirety.

Where Propertyreport247.com becomes aware of a breach of these terms and conditions, Propertyreport247.com may immediately revoke your access and deny you further access to the Online Shop.

Service Levels

You acknowledge that some products may be sourced, updated and / or provided by a third party.

You acknowledge that some products are available as searching aids only.

You acknowledge that Propertyreport247.com is not responsible for any corruption, or failed transmission of any products or services, attributable to your computer system or omission of your Internet Service Provider ("ISP").

You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Online Shop.

You agree that you will not use any device, software or routine to abuse the service of the Online Shop or emulate human interaction and operation.

You agree that any software that is made available to download from the Online Shop may require you to enter into an end user license agreement with that software supplier.

You acknowledge that access to the Online Shop:

  • May not be continuous or uninterrupted at all times; and
  • May be interfered with by factors or circumstances outside Propertyreport247.com control.

You agree that Propertyreport247.com will and is entitled to collect and store Internet Protocol ("IP") addresses, ISPs and other identifying information you may provide in accessing the Online Shop. This information will be stored securely by Propertyreport247.com for a period of not less than seven years at PR247’s discretion.

You agree that Propertyreport247.com may set an upper limit on the number of products (or volumes of products) you may request or access via the Online Shop.

Propertyreport247.com will use its reasonable endeavors to ensure that the service is available during electronic business hours (midnight until 23.45 AEST) daily.

Fees

You agree that our products are supplied for a fee. These fees may be varied from time to time.

You acknowledge that the fees are expressed in American dollars and any other applicable taxes and charges.

Unless otherwise agreed, Propertyreport247.com will issue Tax Invoices (including taxes where appropriate) and you agree to pay the Tax Invoices.

Liability

You agree that our products are supplied for a fee. These fees may be varied from time to time.

  • No warranty, condition, description or representation is given by Propertyreport247.com in relation to the Online Shop or any part thereof, and any products or services provided;
  • Except as provided in Clauses 5.3 and 5.4 Propertyreport247.com shall not be liable to you for any loss or damage (including loss of profits, business, revenue or data) whether in contract, tort (including negligence) or otherwise arising from or in connection with:
    • These terms and conditions;
    • The performance of the Online Shop or any part thereof;
    • Any defect, error or inaccuracy of the Online Shop or any part thereof or any products or services;
    • Any lack of completeness, suitability or fitness for purpose of the Online Shop or the products or services;
    • Any inaccuracy, omission, defect or error in your computer systems; and
    • Any claim for infringement of intellectual property rights based upon the modification, combination, operation or use of the Online Shop or any part thereof with any computer programs, systems or data, not furnished by Propertyreport247.com.

Where legislation implies that any term (including a condition or warranty) which cannot by law be excluded, Propertyreport247.com is liable to you for breach of a non-excludable term. The liability of Propertyreport247.com for such breach will be limited to the extent permitted by law and, at the option of Propertyreport247.com, to one or more of the following:

  • The resupply of the product or service; or
  • The cost of such resupply.

You must indemnify and keep indemnified, hold harmless and defend Propertyreport247.com from and against any and all actions, proceedings, claims, demands, costs, losses, damages and expenses which may be brought against or made upon Propertyreport247.com arising from, or incurred by reason of, or in connection with:

  • Any provision of the Online Shop or any part thereof;
  • Any act or omission by you;
  • Any breach by you; or
  • Any use, including unauthorized use, of the Online Shop, or any userid or password.

Propertyreport247.com will not be under any liability for any delay, loss or damage (including consequential loss) caused to you directly or indirectly by the unavailability of access to the Online Shop, or any part thereof, due to your failure to comply with these terms and conditions, or power or mechanical failure or any cause whatsoever outside the control of Propertyreport247.com including acts of war, acts of God, acts of terrorism, earthquake, flood, riot, embargo, sabotage or governmental act.

But for historical data, any product provided via the Online Shop is only current at the time and date of supply or transmission from Propertyreport247.com.

Propertyreport247.com does not render legal advice or engage in other professional services in relation to the Online Shop.

Continuity of Service

You acknowledge that Propertyreport247.com has no control over the speed of transmission of the products and services where the internet is used for access.

The availability and accuracy of the Online Shop and its products and services may be dependent upon your software equipment and functionality, location and site conditions. Propertyreport247.com does not guarantee the compatibility or reliability of such variables.

Intellectual Property

You agree that you will not remove, obscure, or alter any copyright or proprietary rights notices which may be affixed or contained within a product.

You acknowledge and agree that all copyright, trademark and other intellectual property rights in the products and services are the property of Propertyreport247.com or other third parties.

You must promptly report to Propertyreport247.com any infringement or suspected infringement of any copyright or proprietary rights referred to in Clause 7.

Privacy

"Personal information" may be used in the creation of your access to the Online Shop, and this information will be used and recorded in connection with accessing the Online Shop.

Your "personal information" will not be released unless the law permits it or your permission is given.

We will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information

We will store all the personal information you provide on our secure (password- and firewall-protected) servers.

All electronic financial transactions entered into through our website will be protected by encryption technology.

You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

You are responsible for keeping the password you use for accessing our website confidential; we will not ask you for your password (except when you log in to our website).

You must:

  • Not do anything which if done by Propertyreport247.com would be a breach of the legislation or regulation referred to in Clause 8;
  • Comply with Propertyreport247.com privacy policies;
  • Comply with any and all directions given by Propertyreport247.com in order for Propertyreport247.com to comply with its obligations under the legislation and regulations referred to in Clause 8.

You may only use "personal information" for the authorized purpose for which it was collected, or other purpose permitted by law.

Disputes

If any dispute arises out of these terms and conditions, you agree to allow Propertyreport247.com reasonable opportunity to resolve the matter before commencing litigation.

CHOICE OF LAW AND FORUM

  • It is at the mutual agreement of both you and Propertyreport247.com. with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Pennsylvania without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Propertyreport247.com, shall be filed within the courts having jurisdiction within the County of Philadelphia, Pennsylvania or the U.S. District Court located in said state. You and Propertyreport247.com agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

WAIVER AND SEVERABILITY OF TERMS

  • At any time, should Propertyreport247.com fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS 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 the TOS remain in full force and effect.

STATUTE OF LIMITATIONS

  • You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 9 year(s) after said claim or cause of action arose or shall be forever barred.

Amendments

We may update this policy from time to time by publishing a new version on our website.

You should check this page occasionally to ensure you are happy with any changes to this policy.

We may notify you of changes to this policy by email or through the private messaging system on our website.

Billing

Payment for services will be due before each ordered service is delivered. Customer shall be charged per each service individually for each service. The billing processing will be initiated after customer submits the order for processing by choosing the "Submit" option.

All payments must be received by us prior to emailing, faxing, and/or shipping your order. We accept payment by check, money order and the following credit cards: Visa, MasterCard, American Express, and Discover. All payments must be in United States dollars. Client authorizes release of case information in the event of non-payment of any amount. Case information, client information, or order details can be released to third parties in the event that a payment is not made to Propertyreport247.com. Client agrees to waive rights to confidentiality or privacy provided by any statute, code, ordinance, or other rule in this event. Propertyreport247.com may at its discretion offer or release to third parties any information provided by client, or developed by Propertyreport247.com.

Refund Policy

If at anytime you'd like a refund of your unused credit balance we will do so, however you will be paid only the remaining balance after deducting the additional benefit/discount provided on the bulk purchase option plus a transaction/conveyance fee $10.

Electronic Communications

A. Legal Satisfaction

When you use the SITE or send e-mails to us, you are communicating with us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

B. Consent

By communicating with us, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this SITE

Products, Services & Notices

SITE will provide basic real estate information such as legal description, ownership status, valuation, and parcel identification that the SITE collects from public records. We will locate as much additional background information on the property you are seeking as is reasonably available. All title searches are current owner searches, unless specified otherwise by the SITE. However, we are limited by the amount and accuracy of the information that is provided by third party and governmental sources. Since variations on timing of property record updates exist, it is possible that some data, such as very recent transactions may not be available.

Your report will capture all data currently available to our sources, but it is possible that some items will not be non-reported. Reports do not always contain all details or exhaustive information. Moreover, we access records controlled by third parties, and report the results to you. The records contained in public files occasionally contain errors or omissions, and user specifically holds the SITE harmless from any and all claims, counts, debts, allegations or causes of action relating to any reliance on the information provided by third parties or the SITE. This release and hold harmless agreement shall be binding on all successors and assigns. Please note that some county and state records may not be available to the SITE due to the scope of information released by those jurisdictions. Also, down time by third party systems might result in delayed responses to the search inquiry. Changes in the law may affect the scope of the results provided, or even the accuracy of the records delivered.

You are paying for our research services, not particular results. Reports are provided “as is” and refunds will not be provided for incomplete or inaccurate reports. The SITE specifically disclaims any and all warrantees and guarantees relating to the information provided, and you hereby release the SITE from any claims relating to such warrantees or guarantees. The SITE’s product does not include a physical property inspection, an appraisal, property valuation, or an analysis of market conditions.

The SITE specifically disclaims any effort to practice law or real estate in any state, and emphasizes that SITE’s services is not a substitute for a legal records abstract or services of an attorney, appraiser or real estate broker. The operators of the SITE are not licensed professionals. It is up to the buyer of the report to use the information provided by SITE only for lawful purposes. Please review your local, state and federal laws, including the Fair Credit and Reporting Act (15 U.S.C. §1681) as well as laws relating to consumer rights, before purchasing services from this SITE.

Your use of our system is contingent upon your representation that you understand lawful usage in your area, and agree not to use the data for any unlawful purposes. Additionally, you must obtain all necessary licenses, permits, and/or authorizations required by local, state or federal law prior to purchasing or using the information provided by the SITE. The SITE disclaims all liability for the use of the SITE’s product or services, as well as the legality of using the SITE’s product in user’s jurisdiction.

For a complete, legally accurate property title status, you should contact a local attorney or title insurance company. SITE performs data research services only, and does not offer an opinion of title or property. Our title search services retrieves data from publicly available property records, not including superior court or civil court records. Client should determine if superior court or civil court records affect property title. SITE does not accept liability for errors in municipal records or other indexes used to compile data. All liability for SITE is limited to price paid for search by customer.

Many municipalities' databases have disclaimers similar to this one, for records:

"This index is not the official record maintained by the Register of Deeds, and should be used only to locate or identify recorded documents. The index may not reflect every claim asserted against a particular piece of property, it merely provides key information taken from recorded documents. The office of the County Register of Deeds does not guarantee or assure the accuracy of the information contained in this index, nor does it assure or verify the truthfulness of any information contained in any recorded document.

Documents referenced in this index should be reviewed by an attorney, title examiner or other real estate professionals to determine the interests or claims of any party."

This type of limitation on search records should be understood by title search clients.

The title search results are sent after an examination of copies of the public records. But even the most thorough search cannot absolutely assure that no title hazards are present, despite the knowledge and experience of professional title examiners. In addition to matters shown by public records, other title problems may exist that cannot be disclosed in a search. Some commercial properties may be priced higher.

Other examples of areas of a real estate transaction which would be beyond the scope of a title search, and would require a legal opinion from a qualified real estate attorney include, but are not limited to the following questions:

How should title be taken and why?

Do any easements or covenants restrict the use of the property and in what manner?

What local land use regulations affect the property?

What happens if the seller fails to deliver as/when promised?

What are the rights and responsibilities of the parties under the contract?

Deed of Trust? Deed of Trust Note?

Are the documents appropriate for the intended transfer?

Is the correct property being considered?

Are there issues beyond the scope of the title search that can affect the secure ownership of the property?

Are there tax issues respective to the transaction?

Is searching beyond current owners records necessary?

Force Majeure

SITE shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, including Y2K errors or omissions, for so long as such event continues to delay the SITE’s performance.

Disclaimer

You understand that the SITE cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this SITE for the reconstruction of any lost data. SITE does not assume any responsibility or risk for your use of the Internet.

The Materials are not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by SITE. Investors, borrowers, and other persons should use the Materials in the same manner as any other educational medium and should not rely on the Materials to the exclusion of their own professional judgment. Information obtained by using this SITE is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

YOU EXPRESSLY AGREE THAT USE OF THE SITE OR ANY OF THE MATERIALS CONTAINED THEREIN IS AT YOUR OWN AND SOLE RISK. THE SITE AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SITE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR ANY MATERIALS CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SITE MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, USEFULNESS, ACCURACY OR COMPLETENESS OF THE SITE OR ANY OF THE PRODUCTS PURCHASED THEREIN. SITE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE AND IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY SELLERS OR THIRD PARTIES.

SITE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE PROPER PERFORMANCE OF SITE’S SERVICES, SITE’S PRODUCT SHOULD NOT BE EXCLUSIVELY RELIED ON IN A REAL ESTATE CLOSING, AND SITE’S PRODUCT IS NOT AN APPRAISAL. THE SITE’S PRODUCT REPORT IS COLLECTED FROM PUBLIC RECORDS AND THE SITE DISCLAIMS ALL LIABILITY AS TO THE ACCURACY OF THOSE PUBLIC RECORDS. SITE MAY CHANGE ANY OF THE INFORMATION FOUND AT THIS SITE AT ANY TIME WITHOUT NOTICE, INCLUDING THE TERMS OF SERVICE.

YOU, AND NOT SITE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. SITE MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

YOU AGREE AND WARRANT THAT YOU SHALL NOT USE ANY ELEMENT OR COMPONENT OF THE Propertyreport247.com SERVICES TO CREATE, REPLACE, SUPPLEMENT OR ENHANCE ANY TITLE, LEGAL, VESTING, OWNERSHIP OR ENCUMBRANCE REPORT, NOR AS AN ALTERNATIVE INSURANCE PRODUCT OR APPROACH.. THE SERVICES DO NOT REPRESENT LEGAL ADVICE, INSURANCE, OR REAL ESTATE TRANSACTION SERVICES. WHERE REGULATED BY LAW, THE SERVICE AND/OR DATA PROVIDED ARE NOT PROVIDED FOR ANY PROHIBITED USE.

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