Membership privileges are granted by PublicAssets to individuals exclusively and are granted specifically to the subscribing registered member only. No employee, independent contractor, agent, or affiliate of a competing information service is permitted to access the PublicAssets Web site without express written permission from PublicAssets, and by registering for a membership, you represent and warrant that you are not a competitor of PublicAssets or acting on behalf of a competitor of PublicAssets in registering for and accessing the Service. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of PublicAssets. By completing the registration process, Customer represents and warrants that the information provided is true, accurate, complete and current. PublicAssets requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the PublicAssets system. Members are not permitted to share their individual logon information with others. PublicAssets has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, refuses to abide by the Listing Policies as posted and displayed on the PublicAssets Web site, or abuses their rights related to the PublicAssets service. Upon registration, which is free, Customer becomes a Member. A Member may search the PublicAssets property records and listings Service.
PublicAssets utilizes email as a vital and primary communication channel with customers. As a registered user, Customers hereby acknowledge and grant PublicAssets the permission to communicate with customers via email (as well as other communication channel such as phone and fax) for any purposes PublicAssets determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. PublicAssets will use best efforts to honor Customer's request to opt out of marketing messages, but under no circumstances will PublicAssets have any liability for sending any email to its registered users/customers. By becoming a member of PublicAssets, Ltd., you acknowledge and agree that PublicAssets, Ltd., and its corporate affiliates may record telephone and other electronic communications it has with you for PublicAssets, Ltd.'s internal business purposes, including but not limited to training and quality assurance purposes.
Customer agrees to treat all information obtained from the Service, including listings and any information otherwise made available to Customer in the Service (individually and collectively, the "Content") as proprietary to PublicAssets. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of PublicAssets. PublicAssets does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer's own risk. Customer may access the Content solely to obtain initial information from which further evaluation and investigation may commence.
Customer shall limit access to and use of active listing, requirement, and lease expiration date information to personal and internal use, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to Customer in the Service, for or in connection with any other listing service or device. Customer further shall not use the Service in any other manner for or in connection with any other listing service or device. Customer shall not use the PublicAssets Service as part of any effort to compete with PublicAssets, including without limitation using the PublicAssets Service to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential PublicAssets customer, nor shall Customer remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the PublicAssets Service. Customer shall not use any robot, spider or other automated process to submit listings, monitor, data mine or copy PublicAssets products, services or information; decompile, decode or reverse engineer PublicAssets software; or use PublicAssets products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory or other illegal purposes.
Members, registered users and Customers are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under your account, login or password. PublicAssets is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, logon information or password and/or failure to comply with the terms and conditions set forth in the Membership Privileges, Use of Information or Ownership and License Grant sections of this agreement that relate to confidentiality of account, logon or password information.
Customer agrees to pay for all products ordered through the PublicAssets Web site or via the PublicAssets sales team using the payment method indicated, and provides PublicAssets express authorization to charge said fees to the Customer's payment provider at time of purchase or renewal. Fees owed depend on the specific type and quantity of PublicAssets products, services, information, or deliverables (collectively ‘Deliverables’) ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, PublicAssets may immediately cease to provide any and all Deliverables to the customer. The fees do not include sales, use, excise or any other taxes or fees now or hereafter imposed by any governmental authority with respect to the Deliverables. At PublicAssets’ option, Customer shall pay such taxes or fees directly or pay to PublicAssets any such taxes or fees immediately upon invoicing by PublicAssets. PublicAssets is required to collect sales tax on purchases in select states. Recurring charges will include sales tax in accordance with applicable laws of your state. To view your billing information, visit My Account. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the then-current billing anniversary period. Discounts received via a product bundle are subject to removal when product(s) in bundle are canceled. No partial month refunds will be provided.
Subscriptions will automatically renew using the Customer's current credit card account number unless Customer or PublicAssets cancels their subscription prior to the renewal date. Customer cancellations shall be placed in My Account on the PublicAssets Web site. All other subscriptions, including annual commitment subscriptions, will automatically renew for additional terms equaling the original term unless Customer or PublicAssets provides seven (7) days' advance written notice of non-renewal. Annual commitment subscriptions may be canceled as of the end of term only; no mid-term cancellations will be permitted. All cancellation and non-renewal requests by Customer will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via the customer's email account on record with PublicAssets.
If Customer has a question about a cancellation, Customer should contact PublicAssets Client Services at email@example.com. The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Customers of any such changes.
It is the Customer's responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made in the ‘My Account’ section of the PublicAssets Web site. PublicAssets does not validate all credit card information required by the Customer's payment provider to secure payment.
The Customer must notify PublicAssets about any billing problems or discrepancies within 90 days after charges first appear on their Account statement. If it is not brought to PublicAssets’ attention within 90 days, Customer agrees to waive their right to dispute such problems or discrepancies.
PublicAssets offers two distinct paid subscription membership products to its service: (i) a paid subscription product for those Customers who primarily utilize the Service to access contact information of people responsible for government assets outlined in records and/or listings (‘Connect’), and (ii) a paid subscription product for those Customers who primarily utilize the Service to access requirements and lease expirations (‘Plus’) (collectively known as ‘Premium Subscriptions’). A Customer who purchases either a Connect subscription or a Plus subscription is a ‘Premium User’. Premium Subscription privileges are granted by PublicAssets to individuals exclusively and extend solely to the subscribing Premium User. Premium Subscription rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the subscribing Premium User. Moreover, a Premium User may not use a Premium Subscription for the benefit of any other broker, agent, appraiser, researcher, analyst, sales person or similar commercial real estate professional, including without limitation those working for the same company or at the same place of business. For example, a Premium User is prohibited from using any Premium Subscription on behalf of, or for the benefit of, other professionals working for the same company or at the same office. Premium Subscription privileges are subject to change from time to time and may be subject to limitations. Customer acknowledges that PublicAssets (in addition to its other remedies) can cancel, not renew, and/or prohibit Premium Subscription privileges to any individual, organization, or group that does not abide by the terms and conditions set forth herein and/or can refuse any or all membership privileges. PublicAssets also has the right to refuse service to any customer or company that has delinquent charges that remain unpaid and to impose additional charges to reactivate Premium Subscription or other membership privileges. Premium Subscriptions continue to renew at the prevailing level regardless of Customer's listing or searching activity on PublicAssets.com. Premium Subscriptions will automatically renew to the credit card number provided for initial payment unless the Customer cancels their subscription on the PublicAssets Web site prior to the renewal date to cancel such subscription. The Company reserves the right to change its fees, payment frequency, or billing methods at any time. The Company will provide timely notice of any such changes.
Premium Users may change current membership level to a higher or lower plan by clicking to ‘Change Plan’ under ‘My Account’. Upgraded membership changes will take effect immediately. Downgraded membership changes will take effect at the end of the billing anniversary term for Premium Users. No partial month refunds will be provided.
PublicAssets prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). Customers may not use any email or contact service that PublicAssets offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. PublicAssets has the right to revoke the privileges of any customer or company that breaches these terms.
PublicAssets reserves the right to terminate or suspend a Customer's membership upon a good faith determination of a violation of this Agreement or any material provision of another agreement between the parties or their affiliates. Cause for termination includes, but is not limited to, breaches or violations of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by you, discontinuance or material modification of PublicAssets services, nonpayment of fees owed by you in connection with PublicAssets or its affiliates' services, account inactivity or technical or security issues. Upon termination, PublicAssets shall have no obligation to maintain or forward any content in your account.
PublicAssets retains all rights (including Intellectual Property Rights as defined below), title and interest in the PublicAssets Web site, database, technology, and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. Customer will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of PublicAssets’ technology or delete or alter author attributes or copyright notices. Customer shall use the PublicAssets system solely for their own individual use and shall not share passwords with others or allow others to use the PublicAssets system under or through that Customer's login ID/email and password; nor shall Customer use the PublicAssets system to conduct searches on behalf of other non-customer brokerage, research, analyst, sales or other similar personnel.
Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
IN NO EVENT SHALL PUBLICASSETS BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE CUSTOMER ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF PUBLICASSETS’ SERVICES, PRIVATE LISTING FUNCTIONALITY OR CUSTOMER'S FAILURE TO KEEP CUSTOMER'S LOGIN AND/OR PASSWORD SECURE AND CONFIDENT) ARISING OUT OF THIS AGREEMENT. Customer's exclusive remedy, and PublicAssets’ entire liability under this Agreement shall be a refund to Customer of the fees paid to PublicAssets hereunder, and in no event will PublicAssets’ liability for any reason exceed such fee. PublicAssets (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer's use of the Deliverables, and Customer shall indemnify PublicAssets (and PublicAssets’ officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys' fees) as a result of a claim by any person other than Customer arising from Customer's use or application of the Services or the Deliverables. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.
THE RECORDS, LISTINGS, SERVICE, PROPERTY FACTS INFORMATION, REQUIREMENTS, AND LEASE EXPIRATIONS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PUBLICASSETS MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE RECORDS, LISTINGS, SERVICE, PROPERTY FACTS INFORMATION, REQUIREMENTS, OR LEASE EXPIRATIONS, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND PUBLICASSETS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBERANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. PUBLICASSETS MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO PUBLICASSETS’ SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM PUBLICASSETS’ WEB SITE, INCLUDING RECORDS, LISTINGS, SERVICE, PROPERTY FACTS INFORMATION, REQUIREMENTS, AND LEASE EXPIRATIONS IS ACCESSED AT CUSTOMER'S OWN DISCRETION AND RISK, AND CUSTOMER WAIVES ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO CUSTOMER'S COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PUBLICASSETS OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
Customer agrees that PublicAssets shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet for unrestricted use by PublicAssets customers and partners. PublicAssets shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. PublicAssets shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Listings. PublicAssets reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on PublicAssets’ corporate Web site, located at http://www.PublicAssets.com.
If you believe that your work has been copied onto PublicAssets in a way that constitutes copyright infringement, please provide PublicAssets’ copyright agent the written information specified below. Please note that this procedure is exclusively for notifying PublicAssets that your copyrighted material has been infringed.
Address for PublicAssets’ copyright agent: 20 Stetson Avenue Mill Valley, CA 94941 Attn: Skip Rudolf Email: firstname.lastname@example.org
We may forward any notice(s) of alleged infringement pursuant to this Section to the person(s) who provided the allegedly infringing content.