The submission of information to PublicAssets, access to, and use of the PublicAssets Web site (located at www.PublicAssets.com), and the real estate information services provided thereon (collectively, the "Service") is subject to the following contractually binding terms and conditions (the "Terms and Conditions" or the "Agreement").
If you are viewing, using, or accessing the Service for free, you are a "User." If you are paying for services, you are a "Customer." These Terms and Conditions refer to Users and Customers collectively as "You." No employee, independent contractor, agent, or affiliate of any competing real estate information, analytics or listings service is permitted to be a User or a Customer or to view, use, or access the PublicAssets Web site without express written permission from PublicAssets. By viewing, using, or accessing the Service, You represent and warrant that You are not a competitor of PublicAssets (the “Company”).
Membership privileges are granted by PublicAssets to individuals exclusively who are not employed by a governmental entity and are granted specifically to the subscribing registered member only. 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 You become a "Member," and You represent and warrant that the information You provide is true, accurate, complete, and current. Each Member must 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 login information with others. PublicAssets has the right to refuse or terminate service to any Member, individual, organization, or firm (and all persons associated or affiliated with said organization or firm) that fails to abide by the Terms and Conditions as posted and displayed on the PublicAssets Web site, or abuses its rights related to the Service. Upon registration, which is free, User becomes a Member. Users and Members may search using the Service, and will access all results of the available properties matching the designated search parameters.
PublicAssets utilizes email as a vital and primary communication channel with Members, who hereby acknowledge and grant PublicAssets the permission to communicate with them via email (as well as other communication channels such as phone) 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 Member's request to opt out of marketing messages, but under no circumstances will PublicAssets have any liability for sending any email to its Members. By becoming a Member, you acknowledge and agree that the Company may record telephone and other electronic communications it has with you for their internal business purposes, including but not limited to training and quality assurance purposes.
Membership privileges are granted by PublicAssets to individuals exclusively who are employed by a governmental entity and are granted specifically to the subscribing registered member only. 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 You become a "Government Member," and You represent and warrant that the information You provide is true, accurate, complete, and current. Each Government Member must maintain a valid email address and a password, which shall be utilized for logging on to the PublicAssets system. Government Members are not permitted to share their individual login information with others. PublicAssets has the right to refuse or terminate service to any Government Member, individual, organization, or government (and all persons associated or affiliated with said government) that fails to abide by the Terms and Conditions, the Listing Policies as posted and displayed on the PublicAssets Web site, or abuses its rights related to the Service. Upon registration, which is free, User becomes a Government Member.
PublicAssets utilizes email as a vital and primary communication channel with Government Members, who hereby acknowledge and grant PublicAssets the permission to communicate with them via email (as well as other communication channels such as phone) 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 Government Member's request to opt out of marketing messages, but under no circumstances will PublicAssets have any liability for sending any email to its Government Members. By becoming a Government Member, you acknowledge and agree that the Company may record telephone and other electronic communications it has with you for their internal business purposes, including but not limited to training and quality assurance purposes.
Government Members and Customers that are employees or agents of a government or governmental entity (“Government Representative”) may submit to PublicAssets property descriptions, photographs, images, videos (which may include sound and/or music), graphics, documents, and financial, contact or other information (collectively, the "Submitted Content") for each listing in PublicAssets. By submitting a listing, a Government Representative represents, warrants and agrees that (a) You own or have the full right, power and authority to grant to PublicAssets use of and rights in and to all Submitted Content that you upload, post, e-mail or otherwise transmit to PublicAssets; (b) Your license of such content to PublicAssets hereunder does not, and the use or license of such content by PublicAssets to third parties will not, infringe any right or interest owned or possessed by any third party; (c) there are no claims, judgments or settlements to be paid by You, or pending claims or litigation, relating to such content; and (d) You will fully indemnify the Company against any and all damages or other losses, and any related attorney's fees, other fees, and/or expenses, incurred by the Company and third-party sites on which your listings may be promoted as a result of any breach of the foregoing representations or in connection with Your Submitted Content, including without limitation as a result of any claim brought by a third party in connection with Your Submitted Content, whether or not such claim prevails. With respect to all Submitted Content You have uploaded in the past or elect to upload in the future, post, e-mail or otherwise transmit to or via the Service, PublicAssets acknowledges that you retain any applicable ownership rights that You may have with respect to the Submitted Content. You nonetheless grant PublicAssets and its licensees a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to all such Submitted Content (in whole or part), whether submitted in the past or in the future, and/or to incorporate it in other works in any form, media, or technology now known or later developed. Government Representative further acknowledges and agrees that PublicAssets may preserve any such Submitted Content, whether submitted in the past or in the future, and may also disclose such Submitted Content in its sole discretion (including without limitation within other products offered by PublicAssets and its affiliates). Government Representative agrees not to submit any Submitted Content to PublicAssets unless Representative has received all necessary rights and authorizations, including from the photographer or videographer and/or copyright owner of any photographs or videos, to publish and advertise the property listing on the PublicAssets' Web site. Specifically, Government Representative will not submit a photograph if Government Representative received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph or video on the PublicAssets Web site. Government Representative may only submit videos personally created by them or their colleagues. Government Representative may not upload or otherwise submit videos created or produced by third-party video tour providers. Where Member's listing incorporates content provided by PublicAssets or its affiliates, such as property photos or other images or information (collectively, "PublicAssets Materials"), Member is granted a limited, revocable, exclusive and non-sub-licensable license to use such PublicAssets Materials strictly in connection with Government Representative’s PublicAssets listing. All other rights to PublicAssets Materials are expressly reserved. The Company may, in its sole discretion but without any obligation to search for such, remove property listings that are alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Government Representative who are alleged to have submitted property listings, Submitted Content or other information in violation of these binding Terms and Conditions. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any Government Representative who repeatedly or knowingly violates these binding Terms and Conditions. Government Representative agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active property listings on the PublicAssets Web site. No robot, spider or other automated service may be used to submit listings to the Service. The Company shall have the sole authority to choose the manner in which any property listing will be searched, displayed, accessed, viewed, downloaded, copied, and otherwise used on the PublicAssets Web site and Company shall have the right to modify the property listing in the exercise of its rights under these binding Terms and Conditions. Listings that are not modified or renewed within a 180-day period are automatically changed to "Paused" and are no longer viewable on PublicAssets.com nor on third-party sites on which they may have been promoted. Government Representative (a) represents and warrants that all properties and associated information provided by Government Representative, including Submitted Content, will be accurate; (b) agrees not to post a property listing on the PublicAssets marketplace under a name other than the individual working at the government or governmental entity or an individual real estate agent or agents that have been engaged by the government or governmental entity to market the property under the terms of a duly executed listing agreement with the owner (shared accounts, e.g. email@example.com are strictly prohibited); (c) agrees to administer the properties provided by Government Representative and maintain their accuracy at all times. The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the property listings posted on the PublicAssets Web site. Government Member is entirely responsible, and Company accepts no responsibility, for the Submitted Content from the Government Representative. While the Company will undertake reasonable efforts for data backup and business resumption, Government Representative will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to PublicAssets. PublicAssets may add digital watermarks to certain parts of your property listing, including photographs. We add these digital watermarks to protect against the copying or further distribution of your photographs without your permission. Government Representative agrees that PublicAssets may adjust portions of the information contained within the Service (e.g., within property listings). Any such adjustments will have no material impact on the meaning and interpretation of property listings, but will serve as a means of uniquely identifying the property listings. Government Member accepts that this is a legitimate and lawful security precaution on the part of PublicAssets, and accepts further that in the event that any third party has access to property listings that can be identified as having such unique adjustments, this shall constitute a prima facie breach of security and of these Terms and Conditions.
You agree to treat all information obtained from the Service, including PublicAssets Materials, listings, directory, and any information otherwise made available to You in the Service (individually and collectively, the "Content") as proprietary to PublicAssets. You agree that Content reserved for Government Representative 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 You use such Content at Your own risk. You may view, access, or otherwise use the Content solely to obtain initial information from which further evaluation and investigation may commence.
You shall limit access to, viewing of, and use of active property listings, directory, and other related Content 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. You shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to You in the Service, for or in connection with any other listing service or device. You further shall not use the Service in any other manner for or in connection with any other listing service or device. You 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 You 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. You 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, Government Members, Customers, and Government Representatives 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, login information or password and/or failure to comply with the terms and conditions set forth in the Membership Privileges, Government Membership Privileges, Use of Information or Ownership and License Grant sections of these binding Terms and Conditions that relate to confidentiality of account, login or password information.
Customer agrees to pay for all services 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.
For yearly subscriptions, PublicAssets may increase subscription prices annually, on the anniversary of the subscription’s start date, by a percentage equal to the percentage increase in the Consumer Price Index for All Urban Consumers, Seasonally Adjusted, US City Average. To view your billing information, visit My Account. Monthly subscriptions will automatically renew using the Customer's current credit card account number unless Customer or PublicAssets cancels the subscription three (3) days prior to the renewal date. Customer cancellations should be made online via the "My Account" tab, once Customer has logged into www.PublicAssets.com. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the then-current monthly billing period. No partial month refunds will be provided. Except as otherwise provided herein, all Customer subscriptions, including monthly and annual commitment subscriptions, will automatically renew for additional terms equaling the original term unless Customer or PublicAssets provides thirty (30) 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.
Promoted Listings may be purchased and will be billed on a pro-rated basis for the balance of the calendar month (the Initial Term). After the Initial Term, the Promoted Listing will automatically renew for one month terms unless Customer or PublicAssets cancels the subscription three (3) days prior to the end of the then-current term. If Listing is moved to the status of ‘Paused’, is Deleted, the account is de-activated or its status is changed to other than Active, billing will automatically terminate end of month in term. Promoted Listing applies to the Listing ID upgraded; swaps are prohibited. Cancellations are effective at the end of the then-current term; no partial month refunds will be provided.If Customer or Government Representative has a question about a cancellation, Customer should contact PublicAssets Support at firstname.lastname@example.org or at 415.279.8756. 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 or Government Representatives of any such changes.
If Customer or Government Representative has a question about a cancellation, Customer should contact PublicAssets Support at email@example.com or at 415.279.8756. 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 or Government Representatives of any such changes.
Additional Services, including, but not limited to, flyer creation, video creation, auction services, and estimates of value may be purchased for a specified amount or fee calculated as a percentage of the final transaction price. All prices or fees will be stated before the purchase of the service and will be made to the Customers’ credit card on file or by a billing method agreed to with the Customer.
It is the Customer's Government Representatives’ 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 online via the "My Account" tab, once Customer has logged into www.PublicAssets.com. 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 also has the right to refuse service to any Customer or company that has delinquent charges that remain unpaid.
PublicAssets prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). You may not use the Contact service or other email services 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 party who breaches these terms.
PublicAssets reserves the right to terminate or suspend a Member, Government Member, or Customer's account upon a good faith determination of a violation of these binding Terms and Conditions 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 Service, the PublicAssets Web site, PublicAssets Materials, and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. You 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. You shall use the PublicAssets system solely for Your own individual use and shall not share passwords with others or allow others to use the PublicAssets system under or through that Your sign in ID/email and password; nor shall any Member or Government Member use the PublicAssets system to list properties or conduct searches on behalf of other non-Member individual, entity, organization, 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 INCOME, PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS OR OPERATIONS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE YOU 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 PUBLICASSET'S SERVICES, PRIVATE LISTING FUNCTIONALITY OR MEMBER'S FAILURE TO KEEP LOGIN AND/OR PASSWORD SECURE AND CONFIDENTIAL ARISING OUT OF THESE BINDING TERMS AND CONDITIONS. Your exclusive remedy, and PublicAssets' entire liability under these Terms and Conditions shall be a refund 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 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 LISTINGS, SERVICE, AND ALL DATA 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 LISTINGS, SERVICE, OR DATA, 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, NON-INFRINGEMENT 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’ WEBSITE, INCLUDING LISTINGS, SERVICE, AND DATA IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WAIVE ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO YOUR 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.
You agree 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. 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, Members and/or Customers 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' the written information specified below:
Address for PublicAssets' DMCA registered agent: PublicAssets, Ltd. Attn: Copyright Questions 285 Hillside Avenue Mill Valley, CA 94941 Phone: 415.279.8756 Email: firstname.lastname@example.org
We may forward any notice(s) of alleged infringement to the person(s) who provided the allegedly infringing content. Please note that this procedure is exclusively for notifying PublicAssets that your copyrighted material has been infringed
These binding Terms and Conditions, and the Deliverables provided by PublicAssets, shall be governed by the laws of the California without reference to conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of the San Francisco, CA for the adjudication of any disputes or claims arising out of and/or related to these binding Terms and Conditions. If any provision of these binding Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which shall remain in full force and effect.
This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Customer without the prior written consent of PublicAssets, which retains the right to withhold consent in its sole discretion.
The failure of PublicAssets to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, You agree that the remaining terms and provisions remain in full force and effect.
All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested.
Except as provided herein, the terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.