Terms & Conditions

TERMS AND CONDITIONS OF USE FOR THE "END USER"

National Real Estate Data Services, LP, offers services to you, the "End User", conditional on your agreement to adhere to the following terms of use without modification of any kind.  Your registration with National Real Estate Data Services, LP, and/or use of National Real Estate Data Services, LP, services constitutes your agreement to these terms of use.  These Terms of Use are subject to change at any time, without prior notice.

As an End User, you agree that any information derived from the use of this website or reports generated by this website will not be copied, sold or redistributed to any person or party for any purposes.  This formation is intended for your personal use only.  There are no implied licenses or rights with the acceptance of the terms and conditions of use for the "End User" for this website.

DISCLAIMERS AND LIMITATIONS

The Reports are based upon automated valuation algorithms, based on data from public record sources and computer decision logic combined to provide a logical calculated estimate of the value of a residential property.  Periodically, the information in the Reports are used in lieu of an appraisal, but the calculated values are not an appraisal as defined by the Uniform Standards of Professional Appraisal Practice (USPAP), THE ACCURACY OF THE MEHTODOLOGY USED TO DEVELOP THE REPORTS, THE EXISTENCE OF THE SUBJECT PROPERTY, AND THE ACCURACY OF THE PREDICTED VALUE, ARE ESTIMATIONS OF VALUE BASED ON AVAILABLE DATA AND ARE NOT GUARANTEED OR WARRANTIED.  The current condition of the subject property and current market conditions can create a variance of value from the valuations indicated in the Reports.  The Reports do not include a physical inspection of the subject property or a visual inspection or analysis of current market conditions by a licensed or certified appraiser, which is typically included in a full and formal appraisal.

National Real Estate Data Services, LP intends that the information contained in the reports and its NationalPropertyValuation.com website be reliable; however, errors can sometime occur.  Our reports rely on available data from suppliers and are compiled without human interaction.  These Reports provided are based on available information from multiple suppliers and sources of tax records, sales information, and municipal data bases.  Therefore, National Real Estate Data Services, LP does not guarantee the accuracy of this information.  The information contained in the reports may vary depending on the geographic location of the requested property.

Once you order a report(s), the report(s) will be generated and your credit card will be charged.  You will be able to print a copy of the report(s) from your computer.  Failure to print the report does not alleviate your obligation to pay for the report.  If the system fails to generate a report due to lack of available data, then the customer will not be charged.  National Real Estate Data Services, LP may make changes and improvements to the information provided herein at any time.

THE WEBSITE AND THE INFORMATION SUPPLIED IN ALL REPORTS, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED AND IT' ARE PROVIDED "AS IS."  NATIONAL REAL ESTATE DATA SERVICES, LP AND ITS SUPPLIERS, DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITE AND ANY REPORTS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.  USE OF NATIONAL REAL ESTATE DATA SERVICES, LP'S SERVICES IS AT YOUR OWN RISK. NATIONAL REAL ESTATE DATA SERVICES, LP AND/OR IT'S SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF NATIONAL REAL ESTATE DATA SERVICES, LP'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NATIONAL REAL ESTATE DATA SERVICES, LP AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

INDEMNITY

As a condition of use of this Website, you agree to indemnify National Real Estate Data Services, LP and its suppliers, from and against any and all liabilities, expenses (including attorney fees) and damages arising out of claims resulting from your use of National Real Estate Data Services, LP's services, including without limitation any claims alleging facts that if true would constitute a breach by you of this agreement.

LINKS TO OTHER SERVICES AND WEBSITES

From time to time National Real Estate Data Services, LP may include on its www.NationalPropertyValue.com site, third party services.  National Real Estate Data Services, LP posts these services on its site as a service to its Users who may be interested in such services.  National Real Estate Data Services, LP is not responsible and makes no warranty or representation as to the quality or performance of the services offered.  National Real Estate Data Services, LP advises all users to carefully review each third party service offering prior to engagement with any third party service provider.  National Real Estate Data Services, LP is not responsible or liable for any acts or omissions created or performed by these third parties.

National Real Estate Data Services, LP's Website may contain links to Websites maintained by third parties. Such links are provided for your convenience and reference only. National Real Estate Data Services, LP does not operate or control in any respect any information, software, products or services available on such Websites.  National Real Estate Data Services, LP's inclusion of a link to a Website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

Copyright and Trade Mark Notices

© Copyright 2006 National Real Estate Data Services, L.P., All Rights Reserved

DISPUTE RESOLUTION

Any claim or controversy arising out of or relating to the use of National Real Estate Data Services, LP's services, to the goods or services provided by National Real Estate Data Services, LP, or to any acts or omissions for which you may contend National Real Estate Data Services, LP is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in Harris county, Texas.  The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time.  The arbitrator shall be selected pursuant to the AAA rules.  Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to National Real Estate Data Services, LP. In any arbitration, National Real Estate Data Services, LP will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party.  To begin the arbitration process, a party must make a written demand therefore.  Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Texas.  The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto.  The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.  THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND NATIONAL REAL ESTATE DATA SERVICES LP WILL BE RESOLVED BY BINDING ARBITRATION.  YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS.  YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS.  YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.

OTHER TERMS

These Terms of Use shall be subject to and construed in accordance with the laws of the State of Texas, excluding its conflict of laws principles.  If any part of these Terms of User are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect.  A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  All rights not expressly granted herein are reserved.

Payment of Charges

The End User is expected to pay all charges prior to obtaining a copy of a Report.  Credit card transactions require an acceptable and currently working credit card number. All fees are quoted and payable in United States dollars.  The End User is also responsible for paying all applicable taxes for information, contents, goods, products or services. 

Account Discrepancies

You may always contact National Real Estate Data Services, LP customer relations by e-mail or telephone concerning Charges or other questions.  However, if not satisfactorily resolved within fifteen (15) business days of calling or sending e-mail, and in no event later than ninety (90) days after a questionable billing or other discrepancy should have been discovered, the End User must write to the Customer Relations Department, National Real Estate Data Services, LP, 1029 Hwy 6 North, Suite 650-198, Houston, TX 77079 delivered by United States mail or by fax to 1-866-391-0865.