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.
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