Terms of Service

iMLS LLC dba PropertyTracker.com

Effective Date: June 29, 2026  |  Last Revised: June 29, 2026

COMMERCIAL USE RECITAL.  PropertyTracker.com is a professional real estate investment analysis platform. By accessing or using the Service, you represent and warrant that you are doing so for commercial, business, or professional purposes — not as a consumer for personal, household, or family use. Real estate investing is a business, this commercial use basis governs the interpretation of all dispute resolution, arbitration, and remedies provisions in this Agreement.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CREATING AN ACCOUNT, CLICKING “I AGREE,” ACCESSING, OR USING THE SERVICE IN ANY WAY, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICE.

This Agreement contains a binding arbitration clause, class action waiver, limitation of liability, and disclaimer of warranties that affect your legal rights. Please review Section 18 (Dispute Resolution) and Section 15 (Disclaimer of Warranties) with particular care.

1.  DEFINITIONS

As used in this Agreement, the following terms have the meanings set forth below:

“Agreement”  means these Terms of Service, together with the Privacy Policy, any Subscription Order, and all documents incorporated by reference, as amended from time to time.

“Service” or “Platform”  means the PropertyTracker.com web application, APIs, tools, features, algorithms, databases, reports, and any related software made available by Company, whether accessed via browser, API, or any other means.

“Company,” “PropertyTracker.com,” “we,” “us,” or “our”  means iMLS LLC, a Wyoming limited liability company doing business as PropertyTracker.com.

“User,” “you,” or “your”  means any person or entity that accesses or uses the Service, including free-tier users, trial users, and paid subscribers.

“Account”  means the registered user account through which you access the Service.

“Subscription”  means a paid or trial arrangement entitling you to access specified Service features during a defined period.

“User Content”  means any data, text, information, files, or other materials you submit, upload, or input to the Service.

“Proprietary Materials”  means all algorithms, formulas, models, source code, object code, databases, data structures, user interface designs, workflows, methodologies, trade secrets, and other intellectual property owned by or licensed to Company, including those described in Section 10.1.

“Trade Secrets”  has the meaning set forth in the Defend Trade Secrets Act (18 U.S.C. § 1836 et seq.) and the Arizona Uniform Trade Secrets Act (A.R.S. § 44-401 et seq.), and includes the categories of Proprietary Materials designated in Section 10.1.

“Confidential Information”  means all non-public information disclosed by Company in connection with the Service that is designated as confidential or that should reasonably be understood to be confidential given the nature of the information and circumstances of disclosure.

“Misappropriation”  has the meaning defined under the DTSA and AUTSA, and includes any act described in Section 10.3 of this Agreement.

“Willful Violation”  means any violation of this Agreement that is intentional, knowing, or carried out with reckless disregard for the rights of Company, or any violation that continues after written notice from Company.

“Related Parties”  means Company’s officers, directors, members, managers, employees, agents, licensors, suppliers, affiliates, successors, and assigns.

“Third-Party Data”  means market data, listings, pricing information, and other content sourced from third-party providers and made available through the Service.

“Claim”  means any claim, dispute, demand, cause of action, or controversy.

2.  ELIGIBILITY AND CAPACITY

2.1  Age Requirement.  You must be at least eighteen (18) years of age to access or use the Service. By using the Service, you represent that you meet this age requirement.

2.2  Legal Authority.  If you are using the Service on behalf of a business entity, partnership, or other organization, you represent that you have full legal authority to bind that entity to this Agreement. Acceptance by an individual without such authority is void, and the accepting individual shall be personally bound.

2.3  Compliance with Law.  You represent that your access to and use of the Service is lawful in the jurisdiction from which you access it. Users located in jurisdictions where this Agreement or the Service is prohibited must not access or use the Service.

2.4  Professional Status.  The Service is designed for real estate investors, professionals, and commercial users engaged in bona fide investment or business activities. Free or trial access does not alter the commercial nature of the relationship established by this Agreement.

3.  SCOPE OF AGREEMENT

3.1  Incorporation by Reference.  The Privacy Policy, any Subscription Order confirmation, and any supplemental terms provided at the time of purchase are incorporated into this Agreement by reference. In the event of a conflict between a Subscription Order and these Terms of Service, the Subscription Order controls solely with respect to the conflicting term.

3.2  Electronic Agreement.  This Agreement is entered into electronically. You acknowledge that clicking “I Agree,” creating an Account, or accessing or using the Service constitutes your digital signature and your binding agreement to all terms herein, with the same legal effect as a handwritten signature on a written contract. No physical signature is required.

4.  SERVICE TIERS AND FEATURES

4.1  Service Offerings.  PropertyTracker.com offers subscription tiers with varying features and access levels, as described on the pricing page at www.propertytracker.com/pricing. Company reserves the right to add, modify, or discontinue features, tiers, or pricing upon reasonable notice as provided in Section 21.

4.2  Free and Trial Accounts.  Free or trial accounts are provided at Company’s sole discretion and may be terminated or modified at any time without notice. All provisions of this Agreement apply equally to free and trial accounts, including the misappropriation, confidentiality, and dispute resolution provisions.

4.3  Third-Party Integrations.  The Service may integrate with or provide access to third-party data sources, MLS feeds, and other external services. Company makes no representations regarding the availability, accuracy, or continued availability of any third-party integration.

5.  REGISTRATION AND ACCOUNT SECURITY

5.1  Account Registration.  To access the Service, you must create an Account by providing accurate, current, and complete information as prompted. You agree to update your Account information promptly if it changes. Company reserves the right to refuse registration or cancel accounts at its discretion.

5.2  Credentials.  You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your Account. You agree not to share, sell, transfer, or allow third-party access to your Account. Each Account is for use by a single authorized user only, unless a multi-seat Subscription is expressly purchased.

5.3  Unauthorized Access.  You agree to notify Company immediately of any unauthorized access to or use of your Account. Company is not liable for any loss or damage arising from unauthorized use of your Account, including unauthorized use resulting from your failure to maintain credential security.

5.4  Account Accuracy.  Providing false, misleading, or fraudulent information during registration or at any time during the Term is grounds for immediate Account termination and may expose you to legal liability.

6.  BILLING, RENEWAL, AND CANCELLATION

6.1  Subscription Fees.  Subscription fees are charged in advance on a monthly or annual basis, as selected at the time of purchase. All fees are stated and charged in U.S. dollars. Company reserves the right to change subscription fees upon thirty (30) days’ prior written notice to paid subscribers.

6.2  Automatic Renewal.  SUBSCRIPTIONS AUTOMATICALLY RENEW AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL AT LEAST SEVEN (7) DAYS BEFORE THE RENEWAL DATE. By subscribing, you authorize Company to charge your payment method on file for each renewal period. 

6.3  Cancellation.  You may cancel your Subscription at any time through your Account settings or by contacting support. Cancellation takes effect at the end of the current billing period. Except as provided in Section 6.5, no refunds are issued for partial periods.

6.4  Failed Payments.  If payment fails, Company may suspend access to the Service until payment is received and may charge a reconnection fee. Company may terminate a Subscription after thirty (30) days of payment failure.

6.5  Refunds.  Refunds are issued at Company’s sole discretion and are not available on annual subscriptions after fourteen (14) days of the billing date, or on monthly subscriptions after forty-eight (48) hours of the billing date, except where required by applicable law. Company may, in its sole discretion, issue credits in lieu of refunds.

6.6  Data Following Cancellation or Termination.  Upon cancellation or termination, you have thirty (30) days to export your User Content. After thirty (30) days, Company may permanently delete your data without further notice or liability. Company has no obligation to retain data beyond this window.

6.7  Taxes.  Subscription fees do not include taxes. You are responsible for all applicable sales, use, value-added, and similar taxes. Company may collect and remit taxes as required by law.

7.  USER CONTENT AND DATA OWNERSHIP

7.1  Ownership of User Content.  As between you and Company, you retain ownership of all User Content you submit to the Service. By submitting User Content, you grant Company a non-exclusive, worldwide, royalty-free license to host, store, process, reproduce, display, and use your User Content solely to provide, maintain, market and improve the Service.

7.2  User Content Representations.  You represent and warrant that: (a) you own or have the right to submit your User Content; (b) your User Content does not violate any third-party intellectual property, privacy, or other rights; (c) your User Content does not contain false or misleading information that could affect the accuracy of calculations; and (d) you have obtained all necessary consents for any personal data of third parties included in User Content.

7.3  Aggregated and Anonymized Data.  Company may aggregate and anonymize User Content and usage data in a manner that does not identify you or any individual, and may use such aggregated data to improve and/or market the Service, develop new features, compile industry analytics, release data and reports, provide new releases and for other lawful business purposes. Aggregated data is Company’s property.

7.4  No Duty to Retain.  Company has no obligation to retain User Content beyond the periods specified in Sections 6.6 and 13.3, and is not responsible for any loss of User Content due to deletion, account termination, or technical failure.

8.  LICENSE AND USE RESTRICTIONS

8.1  Limited License Grant.  Subject to your compliance with this Agreement and timely payment of all applicable fees, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your own internal, commercial or residential real estate investment analysis during the Term of your Subscription. No other license is granted. All rights not expressly granted are reserved by Company.

8.2  Prohibited Conduct.  You shall not, and shall not permit or encourage any third party to:

  • scrape, crawl, spider, harvest, or otherwise extract data, content, or any portion of the Service by automated or manual means;
  • reverse engineer, decompile, disassemble, deobfuscate, or attempt to derive source code, algorithms, formulas, or methodologies from any component of the Service;
  • copy, reproduce, republish, display, transmit, or distribute any portion of the Service or Proprietary Materials for any purpose not expressly authorized;
  • sublicense, resell, rent, lease, transfer, or otherwise provide access to the Service to any third party, including via shared login credentials;
  • use the Service or any output therefrom to develop, train, benchmark, or improve any competing product, service, or machine learning model;
  • use the Service to gather competitive intelligence on behalf of any third party, or to create market studies, reports, or analyses for external distribution without express written authorization;
  • circumvent, disable, or tamper with any security feature, access control, encryption, usage limitation, or technological protection measure;
  • introduce viruses, malware, unauthorized scripts, or any code designed to interfere with the Service’s operation or security;
  • access or use the Service in any manner that exceeds the authorized scope of your Subscription, including by sharing credentials or using automated tools to exceed rate limits;
  • use any portion of the Service in violation of applicable law, including securities laws, privacy laws, or computer access laws;
  • impersonate Company, a Related Party, or any other user; or
  • use the Service in any way that damages, impairs, or burdens the infrastructure, bandwidth, or availability of the Service.

8.3  Liquidated Damages for Unauthorized Use.  The parties acknowledge that certain violations of Section 8.2 and Section 10.3 will cause damages that are difficult or impossible to calculate with precision and that the following amounts represent a reasonable pre-estimate of the minimum harm, not a penalty. Company may elect to recover either actual damages or the following liquidated damages, at Company’s sole option. For any Willful Violation, the applicable amount shall be multiplied by three (3). Company is also entitled to recover all reasonable attorney’s fees and costs incurred in enforcing this Agreement as the prevailing party:

(i)  Unauthorized data scraping or automated extraction:  $20,000 per day of violation, or $10,000 per 1,000 automated requests or partial thereof, whichever is greater;

(ii)  Reverse engineering, decompilation, or disassembly:  $150,000 per incident or affected component;

(iii)  Unauthorized resale, sublicensing, or redistribution of the Service or access thereto:  $50,000 per occurrence or per unauthorized user, whichever is greater;

(iv)  Use of the Service for unauthorized competitive intelligence or third-party market research:  $50,000 per account accessed or per engagement, plus full disgorgement of all revenue or profit attributable to such use;

(v)  Misappropriation of Trade Secrets or Proprietary Materials:  $250,000 per act of misappropriation, plus full disgorgement of all profits attributable to such misappropriation;

(vi)  Any other unauthorized use resulting in competitive harm or loss of Company’s intellectual property value:  $100,000 per incident, plus disgorgement.

These liquidated damages are cumulative; Company may recover for multiple violations simultaneously. Nothing in this Section limits Company’s right to seek injunctive relief, disgorgement, or statutory remedies under copyright, trade secret, computer fraud, or other applicable law, all of which may be stacked and cumulated as provided in Section 10.7.

9.  INTELLECTUAL PROPERTY RIGHTS

9.1  Company Ownership.  The Service, Platform, and all Proprietary Materials are and remain the exclusive property of Company and its licensors. This Agreement does not transfer any ownership interest in any Company intellectual property to you. All goodwill generated through your use of the Service inures solely to Company.

9.2  Copyright.  All content and materials comprising the Service — including but not limited to text, graphics, user interface elements, reports, calculations, source code, and documentation — are protected by U.S. and international copyright law. Unauthorized copying, reproduction, or distribution of any copyrighted material may result in civil and criminal penalties, including statutory damages of up to $150,000 per work for willful infringement under 17 U.S.C. § 504.

9.3  Trademarks.  “PropertyTracker,” “PropertyTracker.com,” and related logos, product names, and service marks are trademarks or service marks of Company. You may not use any Company trademark, trade name, or logo without prior written consent. Nothing in this Agreement grants any license to use Company’s trademarks.

9.4  Feedback.  If you provide any suggestions, ideas, enhancement requests, or feedback regarding the Service (“Feedback”), you grant Company a perpetual, irrevocable, worldwide, royalty-free license to use, incorporate, and commercialize such Feedback in any manner without restriction, attribution, or compensation.

9.5  DMCA.  If you believe any content on the Service infringes your copyright, please send a notice complying with the Digital Millennium Copyright Act (17 U.S.C. § 512) to legal@propertytracker.com. Repeat infringers may have their Accounts terminated.

10.  PROTECTION OF PROPRIETARY RIGHTS AND ANTI-MISAPPROPRIATION

10.1  Trade Secret and Proprietary Material Designation.  The following categories of materials constitute Trade Secrets and Confidential Information of Company, and are of extraordinary commercial value to Company. Each of the following is hereby designated as such under the Defend Trade Secrets Act (18 U.S.C. § 1836), the Arizona Uniform Trade Secrets Act (A.R.S. § 44-401), and all other applicable trade secret laws:

(1)  Proprietary valuation algorithms, financial calculation formulas, cap rate models, IRR/ROI methodologies, and cash flow projection frameworks embedded in or accessible through the Service;

(2)  Software source code, object code, compiled code, firmware, build scripts, API specifications, and technical architecture of the Service and Platform;

(3)  Database schemas, data models, indexing structures, query optimization techniques, and data processing pipelines;

(4)  Machine learning models, training datasets, predictive analytics engines, and any AI-assisted analysis tools;

(5)  User interface designs, user experience flows, wireframes, interaction patterns, and proprietary navigation structures;

(6)  Business processes, operational systems, customer onboarding workflows, and service delivery methodologies;

(7)  Pricing models, subscription structures, feature tiering decisions, and revenue optimization strategies;

(8)  Customer data, user behavioral analytics, market segmentation analyses, and subscriber profile data; and

(9)  Strategic plans, product roadmaps, unreleased features, partnership agreements, and other forward-looking business information.

Company maintains these materials as Trade Secrets through reasonable security measures, access controls, contractual restrictions, and technical safeguards. Your access to any portion of the Proprietary Materials through the Service constitutes actual notice of their proprietary and confidential character.

10.2  User Acknowledgment.  By accessing the Service, you acknowledge and agree that: (a) the Proprietary Materials constitute valuable trade secrets and confidential information of Company; (b) Company would not grant you access to the Service absent your agreement to these confidentiality and non-misappropriation obligations; (c) any misappropriation, unauthorized disclosure, or unauthorized use of Proprietary Materials would cause irreparable harm to Company for which monetary damages would be an inadequate remedy; and (d) Company is entitled to seek immediate injunctive relief without notice, without bond (or with a nominal bond not to exceed $500), and without proof of actual monetary damages.

10.3  Prohibited Misappropriation Acts.  Without limiting the generality of Section 8.2, you expressly agree not to:

(a)  copy, reproduce, screenshot, screen-record, or replicate any Proprietary Material, in whole or in part, by any means;

(b)  reverse engineer, decompile, disassemble, decrypt, or otherwise attempt to derive the logic, algorithms, or source code underlying the Service;

(c)  use the Service or access to any Proprietary Material to develop, improve, train, or benchmark any competing or substantially similar product or service;

(d)  disclose, transmit, publish, or make available any Proprietary Material to any third party, including employees, contractors, or affiliates, except as expressly authorized in writing by Company;

(e)  use automated bots, scripts, crawlers, or other mechanical means to extract, replicate, or capture Proprietary Materials;

(f)  create derivative works, modifications, translations, or adaptations of any Proprietary Material;

(g)  circumvent, bypass, disable, or tamper with any technological protection measure, encryption, watermark, or digital rights management system protecting any Proprietary Material;

(h)  use the Service or Proprietary Materials to benchmark, evaluate, or analyze competitive products on behalf of third parties, or to prepare market analyses or reports for external distribution;

(i)  exploit any formula, methodology, calculation model, or algorithm accessible through the Service for any purpose outside of your authorized personal use; or

(j)  access the Service with knowledge of, or with intent to engage in, Misappropriation.

10.4  Confidentiality Obligations.  You agree to hold all Confidential Information in strict confidence, to use it solely in connection with your authorized use of the Service, and to protect it with at least the same degree of care you use to protect your own confidential information — but in no event less than reasonable care. Confidentiality obligations under this Section survive termination of your Account or this Agreement indefinitely as to Trade Secrets, and for a period of five (5) years from termination or expiration for all other Confidential Information. Disclosure required by a court order or applicable law does not constitute a breach, provided you give Company prompt written notice sufficient to allow it to seek a protective order.

10.5  Competitive Use Restriction.  You agree that you will not use your access to the Service, or any knowledge or insight derived therefrom, to develop, assist in developing, or contribute to any product or service that directly or indirectly competes with the Service. This restriction applies even if you develop such a competing product entirely independently, if your development was informed by, facilitated by, or arose out of your access to the Proprietary Materials. The burden of demonstrating independent development lies with you. “Independent development” requires that you maintain a documented clean-room process entirely separate from and without reference to any Proprietary Materials.

10.6  Notification Obligation.  You agree to notify Company promptly — and in any event within forty-eight (48) hours — upon discovery of any actual or suspected unauthorized access to, disclosure of, or Misappropriation of any Proprietary Material or Trade Secret. Notification shall be sent to Company. Your notification obligation applies regardless of whether you caused, contributed to, or were merely aware of the unauthorized activity.

10.7  Remedies for Misappropriation.  In the event of any actual or threatened Misappropriation or breach of this Section 10, Company shall be entitled to the following remedies, all of which are cumulative and may be sought simultaneously:

(a)  Immediate Injunctive Relief.  Company may immediately seek a temporary restraining order, preliminary injunction, or permanent injunction in any court of competent jurisdiction, without prior notice to you, without posting a bond or other security (or with a nominal bond not to exceed $500), and without proof of actual monetary damages. You hereby stipulate and agree that irreparable harm shall be presumed upon a showing of likely Misappropriation and that money damages would be an inadequate remedy.

(b)  Stacked Statutory and Contractual Remedies.  Company may simultaneously assert and recover under: (i) the Copyright Act, 17 U.S.C. § 101 et seq., including statutory damages of up to $150,000 per work for willful infringement; (ii) the Defend Trade Secrets Act (DTSA), 18 U.S.C. § 1836, including exemplary damages of twice actual damages and attorney’s fees for willful misappropriation; (iii) the Arizona Uniform Trade Secrets Act (AUTSA), A.R.S. § 44-401 et seq.; (iv) the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030; (v) the Lanham Act, 15 U.S.C. § 1051 et seq., for trade dress or trademark violations; (vi) the liquidated damages set forth in Section 8.3; and (vii) any other federal or state law affording protection for intellectual property or unauthorized computer access. Recovery under multiple legal theories simultaneously is expressly permitted; no election of remedies is required.

(c)  Enhanced Damages for Willful Misappropriation.  Where misappropriation is found to be willful or intentional, Company shall be entitled to exemplary damages in addition to all other remedies. The 3x Willful Violation multiplier specified in Section 8.3 applies in addition to any statutory enhanced damages available under the DTSA, Copyright Act, or other applicable law.

(d)  Disgorgement.  In addition to all other remedies, you shall disgorge all profits, revenues, cost savings, or other economic benefits derived from any Misappropriation or unauthorized use of Proprietary Materials, as determined by a court or arbitrator. The burden of demonstrating that any portion of your profits was not attributable to the Misappropriation lies with you.

10.8  Survival.  All obligations and rights under this Section 10 survive the termination or expiration of this Agreement, your Account, or your Subscription, indefinitely as to Trade Secrets and for five (5) years as to other Confidential Information.

11.  FINANCIAL CALCULATIONS, PROJECTIONS, AND ANALYSES

11.1  Nature of Calculations.  The Service provides tools for financial analysis, property valuation modeling, return-on-investment calculations, cash flow projections, cap rate analyses, and similar analytical functions. All calculation outputs are generated from data you supply and are produced solely for informational and analytical purposes. The accuracy of any calculation is directly dependent on the accuracy and completeness of the data you provide. The principle commonly described as “garbage in, garbage out” applies to all Service outputs.

11.2  User Input Responsibility.  You are solely and exclusively responsible for:

(1)  the accuracy, completeness, and currency of all data, figures, and assumptions you enter into the Service;

(2)  verifying that property addresses, tax identification numbers, purchase prices, rent figures, expense estimates, and all other inputs reflect actual or reasonably supported values;

(3)  updating inputs when underlying conditions change, including changes to market rents, property values, interest rates, or operating expenses;

(4)  confirming that any projected or estimated figures you enter are based on reasonable, documented assumptions; and

(5)  ensuring that no input constitutes a misrepresentation of any property’s financial performance.

11.3  Independent Verification Required.  ALL CALCULATION OUTPUTS ARE FOR INFORMATIONAL AND ANALYTICAL PURPOSES ONLY. Before making any investment, financing, purchase, sale, or other financial decision based on outputs from the Service, you are required to independently verify all material figures, assumptions, and results through your own investigation. Independent verification includes, without limitation, consulting licensed real estate appraisers, accountants, tax professionals, attorneys, and financial advisors. Company is not a licensed investment advisor, registered broker-dealer, appraiser, accountant, tax advisor, or attorney, and nothing in the Service constitutes advice in any such professional capacity.

11.4  No Professional Advice.  No calculation, report, projection, analysis, or recommendation produced by the Service constitutes investment advice, legal advice, tax advice, accounting advice, appraisal, or any other professional opinion. The Service is a software tool, not a substitute for professional due diligence. Company expressly disclaims any advisory relationship with you.

11.5  Known Error Disclosure Process.  Company will make commercially reasonable efforts to identify and correct material errors in calculation logic. If you discover a calculation error that you believe is material, you must: (1) notify Company by email to support at propertytracker.com (in normal email format) within thirty (30) days of first discovering the error; (2) provide a written description of the suspected error, the inputs used, and the result you believe is incorrect; (3) provide sufficient detail for Company to reproduce the issue. Company will acknowledge receipt within five (5) business days and will notify you of its determination within thirty (30) days after receipt. If Company confirms a material calculation error, your sole and exclusive remedy shall be, at Company’s election: (a) a pro-rata credit or refund of fees paid for the affected subscription period, or (b) the right to terminate your Subscription for a refund of prepaid fees for unused periods. Company shall have no liability for any investment decision, financial loss, or other consequence arising from a calculation error, whether or not reported.

12.  MARKET DATA AND THIRD-PARTY INFORMATION

12.1  Nature of Market Data.  The Service may display property listings, market comparables, rental rates, sales histories, MLS data, census data, demographic information, and other Third-Party Data sourced from external providers. Company does not independently verify such data and makes no representations regarding its accuracy, completeness, or timeliness.

12.2  No Warranty on Third-Party Data.  ALL THIRD-PARTY DATA IS PROVIDED “AS IS” AND “AS AVAILABLE.” Company disclaims all warranties regarding Third-Party Data, including any warranty that data is current, accurate, or fit for any investment purpose. You are solely responsible for independently verifying any Third-Party Data before relying on it.

12.3  Third-Party Data Rights.  Third-Party Data displayed in the Service remains the property of the respective data providers and is subject to their terms and licenses. You may use Third-Party Data only as permitted by this Agreement and applicable provider terms. Redistribution or resale of Third-Party Data without authorization is prohibited.

12.4  Data Availability.  Company does not guarantee the availability of any Third-Party Data source. Providers may modify, restrict, or discontinue data feeds at any time. Company shall have no liability for interruptions in Third-Party Data availability.

13.  DATA SECURITY AND BREACH NOTIFICATION

13.1  Security Measures.  Company implements commercially reasonable technical, administrative, and physical security measures designed to protect the Service and User Content against unauthorized access, disclosure, alteration, and destruction. Company’s security practices are described in the Privacy Policy.

13.2  User Security Obligations.  You are responsible for maintaining the security of your Account credentials, devices, and network connections used to access the Service. You agree not to access the Service over unsecured public networks without appropriate security precautions. You agree to promptly implement any security patches or protocols Company requires.

13.3  Breach Notification.  In the event of a confirmed security breach affecting your Account data, Company will notify you by email to your registered address within sixty (60) days of confirming the breach, unless law enforcement requests a delay. Company’s notification will include: a description of the incident, steps Company has taken to contain the breach, and recommended actions for you to take. Notification timelines may be modified by applicable state breach notification laws.

13.4  Payment Card Security.  Company does not store complete payment card numbers. Payment processing is handled by third-party compliant payment processors. Company does not have access to your full payment card data and is not responsible for breaches occurring at the payment processor level.

13.5  Limitation of Liability for Security Incidents.  TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY’S LIABILITY FOR ANY SECURITY INCIDENT, DATA BREACH, OR UNAUTHORIZED ACCESS — WHETHER DUE TO COMPANY’S ACTS OR OMISSIONS OR THIRD-PARTY ACTIONS — SHALL BE SUBJECT TO THE LIMITATION OF LIABILITY IN SECTION 16. THIS LIMITATION APPLIES EVEN IF COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH INCIDENTS AND EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

14.  ACCOUNT TERMINATION

14.1  Termination by User.  You may terminate your Account at any time through your Account settings or by contacting support at propertytracker.com. Termination of your Account does not entitle you to a refund except as provided in Section 6.5.

14.2  Termination or Suspension by Company.  Company may suspend or permanently terminate your Account and access to the Service, with or without prior notice, for any of the following: (a) violation of any provision of this Agreement, including any prohibited conduct in Section 8.2; (b) failure to pay any amounts due; (c) suspected fraudulent, abusive, or illegal activity; (d) conduct that poses a risk to the security, integrity, or availability of the Service; or (e) as required by applicable law or governmental order.

14.3  Effect of Termination.  Upon termination of your Account for any reason: (a) your license to use the Service immediately terminates; (b) you must immediately cease all use of the Service and any Proprietary Materials; (c) all amounts owed to Company become immediately due; (d) your data will be retained and then deleted per Section 6.6; and (e) all provisions of this Agreement that by their nature should survive termination — including Sections 1, 8.3, 9, 10, 11.3, 11.4, 15, 16, 17, 18, 19, and 22.11 — shall survive and remain in full force and effect.

15.  DISCLAIMER OF WARRANTIES

THE SERVICE, PLATFORM, PROPRIETARY MATERIALS, THIRD-PARTY DATA, CALCULATIONS, PROJECTIONS, REPORTS, AND ALL OTHER CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS RELATED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;

ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;

ANY WARRANTY THAT CALCULATIONS, PROJECTIONS, OR ANALYSES WILL BE ACCURATE, COMPLETE, RELIABLE, OR SUITABLE FOR ANY INVESTMENT OR FINANCIAL DECISION;

ANY WARRANTY REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR FITNESS OF THIRD-PARTY DATA FOR ANY PURPOSE; AND

ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IF APPLICABLE LAW REQUIRES ANY WARRANTY TO APPLY, THAT WARRANTY IS LIMITED TO THE SHORTER OF NINETY (90) DAYS FROM YOUR FIRST USE OF THE SERVICE OR THE MINIMUM PERIOD REQUIRED BY LAW. THIS DISCLAIMER DOES NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE LAW.

16.  LIMITATION OF LIABILITY

16.1  Exclusion of Consequential Damages.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS RELATED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES — INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF INVESTMENT, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES — ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

16.2  Cap on Liability.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES ACTUALLY PAID BY YOU TO COMPANY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO LIABILITY; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

16.3  Essential Basis.  You acknowledge that the foregoing limitations of liability, together with the disclaimer of warranties and the allocation of risk in this Agreement, reflect a reasonable allocation of commercial risk between the parties, and that these limitations were a material factor in Company’s willingness to offer the Service at the fees charged.

16.4  No Limitation on Company’s IP Remedies.  Nothing in this Section 16 limits or applies to: (a) Company’s right to seek and recover liquidated damages under Section 8.3; (b) Company’s right to seek injunctive or equitable relief under Section 10.7; (c) statutory damages available to Company under the Copyright Act, DTSA, CFAA, Lanham Act, or other applicable law; or (d) disgorgement of your profits under Section 10.7(d). The limitation of liability in this Section 16 protects Company, not you.

17.  INDEMNIFICATION

17.1  User Indemnification Obligation.  To the fullest extent permitted by applicable law, you agree to protect, defend, indemnify, and hold harmless Company and its Related Parties from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or related to:

(1)  your access to or use of the Service, including use that violates this Agreement;

(2)  any User Content you submit, including any claim that your User Content infringes any third-party right or violates any law;

(3)  any investment decision, financial loss, or damages you or any third party suffer as a result of relying on any Service output, calculation, or projection;

(4)  any Misappropriation or threatened Misappropriation of Proprietary Materials by you or by any party to whom you granted access;

(5)  your violation of any third party’s intellectual property, privacy, data protection, or other rights; or

(6)  any breach of your representations or warranties under this Agreement.

17.2  Indemnification Procedure.  Company will notify you promptly of any claim for which it seeks indemnification, cooperate reasonably in defense, and give you control over defense and settlement, provided that: (a) no settlement that imposes any obligation on or adversely affects Company may be made without Company’s prior written consent; and (b) Company retains the right to participate in any defense at its own expense.

18.  DISPUTE RESOLUTION AND ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MANDATORY ARBITRATION OF MOST DISPUTES AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS. THIS ARBITRATION CLAUSE IS GOVERNED BY THE FEDERAL ARBITRATION ACT.

18.1  Mandatory Informal Resolution.  Before initiating any arbitration or court proceeding, the claiming party must provide written notice to the other party describing the nature of the claim in reasonable detail and the relief sought (the “Dispute Notice”). Dispute Notices to Company must be sent to support at propertytracker.com. The parties shall attempt in good faith to resolve the dispute within sixty (60) days of receipt of the Dispute Notice (the “Cooling-Off Period”). Arbitration or litigation may not be initiated until the Cooling-Off Period has expired without resolution. Emergency injunctive relief under Section 18.6 is not subject to this Cooling-Off Period.

18.2  Binding Commercial Arbitration.  If a Claim is not resolved during the Cooling-Off Period and you are the claiming party, or if Company elects arbitration as provided in Section 18.3, the Claim shall be finally and exclusively resolved by binding confidential arbitration administered by JAMS pursuant to JAMS’s applicable commercial arbitration rules. The parties acknowledge and agree that this Agreement involves commerce and that this arbitration clause is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. The following terms apply to all JAMS arbitrations under this Agreement:

Rules:  Disputes under $250,000 exclusive of claimed attorney’s fees shall be governed by the JAMS Streamlined Arbitration Rules and Procedures. Disputes of $250,000 or more shall be governed by the JAMS Comprehensive Arbitration Rules and Procedures. The JAMS rules are available at www.jamsadr.com.

Arbitrator:  One neutral arbitrator shall be appointed in accordance with JAMS procedures. The arbitrator shall have authority to grant any remedy or relief that a court of competent jurisdiction could order or grant, subject to the limitations in this Agreement.

Location:  Arbitration shall take place in Maricopa County, Arizona, unless the parties mutually agree to conduct proceedings by video conference or another means.

Language:  All proceedings shall be conducted in English.

Discovery:  Discovery is limited to exchange of relevant documents. No depositions shall be taken without a showing of substantial need and arbitrator approval.

Award:  The arbitrator’s award shall be in writing, include findings of fact and conclusions of law sufficient to permit judicial review, and shall be final and binding on both parties. Judgment on any award may be entered in any court of competent jurisdiction.

Statute of Limitations:  Any Claim must be filed within one (1) year of the date on which the Claim arose, or it is permanently barred. Claims for Company’s intellectual property rights, breach of Section 10, or unauthorized access are subject to the statute of limitations under applicable federal or state law, whichever is longer.

18.3  Company’s Right to Elect Court — Asymmetric Clause.  Notwithstanding Section 18.2, when Company is the initiating claimant with affirmative claims against you — including but not limited to claims for breach of this Agreement, Misappropriation, unauthorized access, copyright infringement, trade secret theft, unfair competition, or collection of amounts owed — PropertyTracker.com may, in its sole and unreviewable discretion, elect to pursue such claims in:

(a)  binding JAMS arbitration in Maricopa County, Arizona, pursuant to Section 18.2;

(b)  the state or federal courts of Maricopa County, Arizona;

(c)  the federal or state courts of the district or county in which you reside, are located, or in which the alleged wrongful conduct occurred; or

(d)  any other court of competent jurisdiction, including federal courts hearing intellectual property, CFAA, or DTSA claims.

Company’s election of court proceedings for its affirmative claims does not waive or prejudice its right to arbitrate any other or future Claims. When Company initiates court proceedings as plaintiff, your compulsory counterclaims arising from the same transaction or occurrence shall be asserted in that proceeding; however, Section 18.4 governs Company’s independent IP and access claims.

18.4  IP and Access Claims Are Not Compulsory Counterclaims.  Company’s claims for Misappropriation, copyright infringement, trademark infringement, trade secret theft, unauthorized computer access (CFAA), breach of Section 10, or any other intellectual property or access-related claim are never compulsory counterclaims in any proceeding you initiate, whether in arbitration or in court. Company may elect to bring such claims in any forum and at any time, as a separate action, without waiving any right by failing to assert them in a prior proceeding. You hereby waive any defense based on compulsory counterclaim rules with respect to Company’s IP and access claims.

18.5  Class Action and Jury Trial Waiver.  ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS. YOU WAIVE ANY RIGHT TO BRING, PARTICIPATE IN, OR RECOVER THROUGH ANY CLASS ACTION, CONSOLIDATED ACTION, MASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR REPRESENTATIVE PROCEEDING. NO ARBITRATOR OR COURT SHALL HAVE AUTHORITY TO CONSOLIDATE CLAIMS OF MULTIPLE CLAIMANTS, TO CERTIFY A CLASS, OR TO AWARD RELIEF TO A CLASS OR GROUP. THIS CLASS ACTION WAIVER IS NON-SEVERABLE FROM THIS ARBITRATION CLAUSE: IF THE CLASS ACTION WAIVER IS HELD UNENFORCEABLE FOR ANY REASON, THE PARTIES AGREE THAT THE ARBITRATION CLAUSE DOES NOT APPLY, AND ALL INDIVIDUAL CLAIMS SHALL BE BROUGHT IN COURT. FOR ANY CLAIMS NOT SUBJECT TO MANDATORY ARBITRATION, YOU WAIVE ANY RIGHT TO TRIAL BY JURY.

18.6  Emergency Injunctive Relief.  Either party may seek emergency temporary restraining orders, preliminary injunctions, or other emergency equitable relief in any court of competent jurisdiction, without prior notice to the other party and without the Cooling-Off Period, to the extent necessary to prevent irreparable harm, preserve the status quo, or protect intellectual property rights. Without limiting the foregoing: (a) PropertyTracker.com may seek emergency injunctive relief in any jurisdiction where you or any misappropriator is located; (b) PropertyTracker.com need not post a bond or other security, or with a nominal bond not to exceed $500, as stipulated in Section 10.7(a); and (c) seeking emergency relief does not waive either party’s right to arbitrate non-emergency claims.

18.7  International Users.  If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. International users agree that any dispute will be governed by the laws of the United States and the State of Arizona, and agree to submit to the jurisdiction specified in this Section 18. To the extent that applicable law in your jurisdiction prohibits arbitration or this jury-trial waiver, your Claims shall be resolved in the courts specified in Section 19.3.

18.8  Arbitration Costs.  Each party shall bear its own attorney’s fees and costs in arbitration, except that: (a) if PropertyTracker.com prevails on a claim covered by Section 8.3 or 10.7, you shall pay Company’s reasonable attorney’s fees and costs; (b) if Company prevails on a DTSA claim, Company is entitled to attorney’s fees for willful misappropriation per 18 U.S.C. § 1836(b)(3)(D); (c) if Company prevails on a Copyright Act claim for willful infringement, Company is entitled to fees per 17 U.S.C. § 505; and (d) JAMS administrative fees shall be allocated per JAMS rules for commercial disputes.

18.9  Arbitration Confidentiality.  All aspects of any arbitration proceeding under this Agreement — including the existence of the proceeding, all submissions, evidence, testimony, awards, and settlement discussions — shall be strictly confidential. Neither party shall disclose any information about an arbitration to any third party, except: (a) to attorneys, accountants, or financial advisors bound by professional confidentiality obligations; (b) as required by law, regulation, or court order; (c) in connection with enforcement of an arbitral award; or (d) with the other party’s prior written consent.

19.  GOVERNING LAW AND JURISDICTION

19.1  Arizona Governing Law for Contractual Disputes.  This Agreement and all contractual Claims arising out of or relating to this Agreement or the Service — including Claims in which PropertyTracker.com is a defendant — shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law principles. Arizona law governs the interpretation, enforcement, breach, and remediation of all contractual Claims under this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

19.2  Preservation of PropertyTracker.com’s Offensive Statutory Rights.  The designation of Arizona law as the governing law for contractual disputes does not limit or waive PropertyTracker.com’s right, as plaintiff, to assert independent statutory claims under the law of any forum in which PropertyTracker.com initiates proceedings. When PropertyTracker.com brings suit in any jurisdiction, PropertyTracker.com may assert all claims available under the law of that forum, including without limitation:

(a)  claims under the Florida Civil Theft Act (F.S. § 772.11), including treble damages and prevailing party attorney’s fees, when suit is brought in Florida;

(b)  claims under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA, F.S. § 501.201 et seq.) for unfair competition, deceptive conduct, or Misappropriation by defendants, when suit is brought in Florida;

(c)  claims under the computer crime, trade secret, and unfair competition statutes of any jurisdiction in which the defendant resides or in which wrongful conduct occurred; and

(d)  claims under federal law — including the Defend Trade Secrets Act, the Computer Fraud and Abuse Act, the Copyright Act, and the Lanham Act — in any court of competent jurisdiction.

This preservation provision reflects the parties’ agreement that Arizona’s designation as the contractual governing law does not limit PropertyTracker.com’s full range of statutory remedies as a plaintiff in any competent jurisdiction.

19.3  Venue.  For Claims you bring against PropertyTracker.com that are not subject to arbitration under Section 18.2, or where a court exercises jurisdiction notwithstanding this Agreement, venue shall be exclusively in the state or federal courts of Maricopa County, Arizona, and you irrevocably consent to personal jurisdiction and venue therein, waiving any objection based on forum non conveniens or improper venue. PropertyTracker.com may bring its own affirmative Claims in Maricopa County, Arizona, or in any other court of competent jurisdiction as provided in Section 18.3, including federal courts in any district in which the defendant resides or in which the infringement or unauthorized access occurred.

19.4  International Jurisdiction.  For users outside the United States who cannot be compelled to arbitrate under applicable law, venue for any dispute shall be the courts described in Section 19.3, and Arizona law shall govern all Claims. You waive any right to transfer proceedings to a foreign jurisdiction.

20.  PRIVACY AND DATA PROTECTION

20.1  Privacy Policy.  Company’s collection, use, storage, and disclosure of personal information is governed by the Privacy Policy available at www.propertytracker.com/privacy, incorporated herein by reference. By using the Service, you acknowledge and agree to the Privacy Policy.

20.2  State Privacy Rights.  Residents of certain states have specific statutory rights regarding their personal data. California residents have rights under the California Consumer Privacy Act as amended (CCPA/CPRA), including the right to know, delete, correct, and opt out of the sale of personal information. Residents of Virginia, Colorado, Connecticut, Texas, and other states with comprehensive privacy laws may have similar rights. To exercise any such right, submit a verifiable request to support at propertytracker.com. Company will respond within forty-five (45) days or such other period as required by applicable law. Company does not discriminate against users who exercise their privacy rights.

20.3  International Data Transfers.  If you are located outside the United States, your personal information will be transferred to and processed in the United States. By using the Service, you consent to this transfer and acknowledge that U.S. data protection laws may differ from those in your country. If you are in the European Economic Area or United Kingdom, please see the Privacy Policy for information about applicable safeguards.

21.  MODIFICATIONS TO TERMS

21.1  Notice of Material Changes.  Company reserves the right to modify this Agreement at any time. For material changes — including changes to pricing, arbitration rights, limitation of liability, or intellectual property provisions — Company will provide at least fourteen (14) days’ prior written notice to paid subscribers by email to the registered address. Changes to features, non-material terms, or terms for free accounts may be made upon seven (7) days’ notice or as required to comply with applicable law.

21.2  Acceptance.  Your continued access to or use of the Service after the effective date of any modification constitutes acceptance of the revised Agreement. If you do not agree to any material modification, your sole remedy is to stop using the Service and, if you are a paid subscriber who objects to a material change, to cancel your Subscription during the notice period for a pro-rata refund of prepaid fees for the unused portion of your Subscription term.

21.3  Current Terms.  The current version of this Agreement is always available at www.propertytracker.com. The date at the top of this Agreement indicates when it was last revised.

22.  GENERAL PROVISIONS

22.1  Entire Agreement.  This Agreement (including the Privacy Policy and any Subscription Order) constitutes the entire agreement between you and Company regarding the Service and supersedes all prior or contemporaneous agreements, representations, understandings, and communications — written or oral — between the parties relating to its subject matter.

22.2  Severability.  If any provision of this Agreement is held invalid, unenforceable, or void by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force and effect. EXCEPTION: The class action waiver in Section 18.5 is expressly non-severable from the arbitration clause; if the class action waiver is held unenforceable, the arbitration clause does not apply and Claims proceed in individual court actions.

22.3  No Waiver.  Company’s failure to enforce any right or provision of this Agreement shall not be construed as a waiver of that right or provision. No waiver of any term shall be effective unless made in writing and signed by an authorized representative of Company.

22.4  Force Majeure.  Company shall not be liable for any delay or failure to perform its obligations under this Agreement due to circumstances beyond Company’s reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, civil unrest, governmental action, labor disputes, cyberattacks (including DDoS attacks), power failures, internet service disruptions, or failures of third-party infrastructure or data providers. Company will use commercially reasonable efforts to resume service as promptly as possible.

22.5  Assignment.  You may not assign, transfer, delegate, or sublicense any rights or obligations under this Agreement without Company’s prior written consent, and any purported assignment without consent is void. Company may freely assign this Agreement, in whole or in part, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, without notice to or consent from you.

22.6  Notices.  Notices from Company to you will be sent to your registered email address. Notices from you to Company required or permitted under this Agreement must be sent by email for legal matters to support at propertytracker.com. Email notices are deemed received upon transmission unless the sender receives a delivery failure notification.

22.7  Relationship of the Parties.  The parties are independent contractors. Nothing in this Agreement creates or implies any partnership, joint venture, agency, franchise, employment, or fiduciary relationship between the parties. You do not have authority to bind Company to any obligation or representation.

22.8  No Third-Party Beneficiaries.  This Agreement is for the benefit of the parties only. Except for Company’s Related Parties with respect to Sections 15, 16, and 17, nothing in this Agreement creates or implies any right, benefit, or remedy in any third party.

22.9  Export Controls.  You agree to comply with all applicable U.S. export control laws and regulations, including the Export Administration Regulations (EAR) and regulations administered by the U.S. Treasury Office of Foreign Assets Control (OFAC). You represent that you are not located in, or an agent of, any country subject to U.S. economic sanctions, and are not on any U.S. government list of prohibited or restricted parties.

22.10  Electronic Agreement and Signatures.  You acknowledge that this Agreement is entered into electronically and that your electronic acceptance — by clicking “I Agree,” creating an Account, or using the Service — constitutes a valid and legally binding agreement with the same force and effect as a signed written contract under the Electronic Signatures in Global and National Commerce Act (E-SIGN, 15 U.S.C. § 7001 et seq.) and applicable state law.

22.11  Survival.  The following provisions shall survive termination or expiration of this Agreement: Section 1 (Definitions); Section 7.3 (Aggregated Data); Section 8.3 (Liquidated Damages); Section 9 (Intellectual Property); Section 10 (Anti-Misappropriation, indefinitely as to Trade Secrets, five years as to other Confidential Information); Section 11.3–11.5 (Calculation Disclaimers); Section 12.2 (Third-Party Data Disclaimer); Section 14.3 (Effect of Termination); Section 15 (Disclaimer of Warranties); Section 16 (Limitation of Liability); Section 17 (Indemnification); Section 18 (Dispute Resolution, including arbitration obligations for Claims arising during the Agreement’s term); Section 19 (Governing Law); and Section 22 (General Provisions).

22.12  Headings; Construction.  Section headings are for convenience only and do not affect the interpretation of this Agreement. The words “include,” “includes,” and “including” are deemed followed by “without limitation.” This Agreement shall not be construed against either party as its drafter. This Agreement is written in and shall be interpreted under English; the English version controls over any translation.

BY USING PROPERTYTRACKER.COM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

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