This CIVXDATA Terms of Service Agreement (Online) Agreement (the “Agreement”) is entered into by and between CIVXDATA Inc., a California corporation, with office at 2033 San Elijo Ave #138, Cardiff by the Sea, CA 92007 and the entity agreeing to these terms (“Customer”). This Agreement is effective as of the date you click the “I Accept” button below or, if applicable, the date the Agreement is countersigned (the “Effective Date”). If you are accepting on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer, or the applicable entity, to these terms and conditions; (ii) you have read and understand this Agreement; and (iii) you agree on behalf of the party that you represent to this Agreement. If you don’t have the legal authority to bind your employer or the applicable entity, please do not click the “I Accept” button below (or, if applicable, do not sign this Agreement). This Agreement governs Customer’s access to and use of the Services.
These terms and conditions apply to your use of this CIVXDATA websites for online data entry account. The Customer Terms of Service Agreement (the Agreement) must be read, understood and agreed to by any individual who reads visits or uses this website. The Terms of Service must be agreed to by any individual who intends to use or purchase any service offered by CIVXDATA.
By accessing and using this website you agree to be bound by the following terms and conditions. You agree to provide CIVXDATA with current, accurate, complete, and updated registration information, including your email address, name, phone number, CIVXDATA account number, and your password and any reminder question. You further agree to provide CIVXDATA with current, accurate, and complete data when using the CIVXDATA website features, such as bill payment, update account information. You agree to notify CIVXDATA immediately of any changes in your registration data. You are responsible for updating your email address. If your email address is not current, you will not receive notice of your online bill posting; however, your payment due date will remain unchanged.
You are solely responsible for maintaining the confidentiality of your password(s) and security information such as your login and reminder question. You agree not to give your password(s) or security information to anyone. Should you allow others access to your account and/or password information, you will be responsible for all actions that such persons might take with respect to your account. If you believe your password or security information has been lost or stolen, call us immediately at 619-354-5126.
Please call us at our customer support number if you wish to discuss either general billing policies and procedures or a specific invoice. If you contact us within 30 days after receiving an invoice regarding any complaints, discrepancies or other problems, CIVXDATA will consider an appropriate adjustment. If CIVXDATA do not hear of any problems within such 30-day period, CIVXDATA will assume that the invoice is satisfactory.
In the unlikely event of any dispute, claim, arbitration or other proceeding between us arising out of this agreement or the fees and expenses incurred for legal services (with the exception of a fee arbitration or mediation under Business and Professions Code Sections 6200-6206), the successful or prevailing party will be entitled to reasonable attorneys’ fees and costs, in addition to any other relief granted.
Use of CIVXDATA service is governed by applicable international laws and regulations regarding the transmission of technical data from the United States and any country in which you reside or engage in business.
This Agreement shall be construed and governed by the State of California, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts sitting in California in all disputes arising out of or relating to the use of the Web Sites. Use of the Web Sites is unauthorized in any jurisdiction that does not give the effect to all provisions of these terms and conditions, including without limitation this paragraph.
Orders are processed within a 24-hour time frame. Typically, an order given to CIVXDATA in the evening is completed by 9am PST the next day.
Billing and Payment
All payments due are in U.S. dollars unless otherwise indicated on the Order Page or invoice. Payment is due when the completed report is delivered and is not conditional on whether the loan is approved and/or if the order is cancelled, unless otherwise specified on the Order Page, and are considered delinquent after such date. If paying after the payment due date, please add late fee $25.00 or 5.00% of the Total Balance Due (whichever is higher). If your account gets past due for more than 60 days, your information may be sent to collections department automatically.
In the event it becomes necessary to institute proceedings for the collection of any amounts unpaid under the terms of this contract, you agree to pay, in addition to the judgment, any extra collection costs, reasonable attorney’s fees and court costs.
CIVXDATA will bill Customer: (i) Fees based upon Customer’s monthly usage of the Services during the preceding month; and (ii) monthly in arrears for its use of the Services. CIVXDATA will provide Customer with the rate for the Services when Customer orders the Services, and will use this rate to calculate the Fees, on a prorated basis, for Customer’s usage during that month.
Credit Card or Debit Card. Fees for orders where Customer is paying with a credit card, debit card or other non-invoice form of payment, are due at the end of the month during which Customer received the Services. For credit cards, or debit cards, as applicable: (i) CIVXDATA will charge Customer for all applicable Fees when due and (ii) these Fees are considered delinquent thirty days after the end of the month during which Customer received the Services.
Registering for an CIVXDATA user account is free. Fees are incurred only when ordering our services. Users are not bound to any contract other than any orders they have placed. Certain other services are provided for free to users. CIVXDATA reserves the right to charge for the CIVXDATA service or any portion thereof, modify the pricing of, add to, or discontinue the CIVXDATA service or any portion thereof without prior notice.
Delinquent payments may bear interest at the rate of five-half percent per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. Customer will be responsible for all reasonable expenses (including attorneys’ fees) incurred by CIVXDATA in collecting such delinquent amounts, except where such delinquent amounts are due to CIVXDATA’s billing inaccuracies.
Suspension for Non-Payment
– Automatic Suspension. Customer will have thirty days to pay CIVXDATA delinquent Fees. If Customer does not pay CIVXDATA delinquent Fees within thirty days, CIVXDATA will automatically suspend Customer’s use of the Services. The duration of this suspension will be until Customer pays CIVXDATA all outstanding Fees.
– During Suspension. If Customer is suspended for non-payment, CIVXDATA will stop charging Customer monthly Fees during Customer’s suspension for non-payment. Customer must pay all outstanding Fees in order to resume its use of the Services.
– Termination after Suspension. If Customer remains suspended for non-payment for more than sixty days, CIVXDATA will terminate Customer for breach pursuant to this agreement.
Indemnification (Force Majeure)
You will indemnify, defend and New Order harmless Site Owner and CIVXDATA and its officers, directors, employees and agents (each, an “Indemnified Party”) from and against any and all claims, demands, losses, costs, expenses, liabilities and damages of any kind or nature whatsoever (collectively, “Damages”) incurred by any Indemnified Party arising out of, in connection with or resulting from (i) your use of the Web Sites or (ii) your breach of this Agreement.
The user of this website agrees to indemnify, defend and New Order harmless all officers, agents, directors, licensors of CIVXDATA and CIVXDATA Technologies Inc. and any third-party providers of information to CIVXDATA from any loss, damage or other expenses incurred inclusive of reasonable fees for acquiring an attorney due to any law violation of the agreement by the user.
You agree to indemnify CIVXDATA and its product or service against, and New Order CIVXDATA and its products or service harmless from, any and all losses, cost, damages, fees of attorneys and other expenses that CIVXDATA and its products or service may sustain or incur by reason of, or in consequence of, any claim arising out of CIVXDATA’s product or service, including but not limited to sums paid or liabilities incurred in settlement of, and expenses paid or incurred in connection with, any Claim or in connection with procuring or attempting to procure release from liability from any Claim.
By its signature below, you and your representatives acknowledge having read and expressly accept the contract terms listed above.
Arbitration Agreement Regarding Attorney-Client Disputes
Any mediation and/or arbitration shall be held in San Diego County, California. Any arbitration award will be binding and enforceable in the San Diego County Superior Court or the Unites States District Court for the Southern District of California, and then in any other Court necessary to enforce any judgment; provided, however, that the arbitrators shall not have the power to commit errors of law or legal reasoning and an award may be vacated or corrected on appeal for such error by appeal to a court of competent jurisdiction. By agreeing to this arbitration provision, you are waiving your right to submit any dispute or any cause of action you may have against CIVXDATA to a jury or court trial.
You grant CIVXDATA a security interest in and lien on any and all claims or causes of action that are the subject of service to you under this Agreement. The lien will secure any sums owing to CIVXDATA at the conclusion of services performed, and will attach to any recovery you may obtain, whether by arbitration award, judgment, settlement or otherwise. The effect of such a lien is that CIVXDATA may be able to compel payment of fees and costs from any such funds recovered on your behalf even if you have discontinued using CIVXDATA’s product or service. You represent and agree that you have had a reasonable opportunity to consult such an independent lawyer and-whether or not you have chosen to consult such an independent lawyer-you agree that CIVXDATA will have a lien as specified above.
Termination of Services
You have the right to terminate CIVXDATA’s products or service at any time. CIVXDATA have the same right, subject to its professional obligations. Such termination shall not, however, relieve you of the obligation to pay for services rendered and disbursements incurred through the date of termination. Upon termination of my representation of you, all unpaid charges will become due and payable immediately.
By acceptance of this agreement, users acknowledge that CIVXDATA may, with or without cause, terminate your CIVXDATA account and access to the CIVXDATA service without prior notice of any kind.
Termination of an individual user account may be initiated by, but not limited to the following:
– At authorized user’s request
– Requests from law enforcement or other government agencies any breach or violation of this User Agreement or any other stated guideline.
– Excessive period of account inactivity and unforeseen technical difficulties. Termination of CIVXDATA user account includes
– Removal of all access to ordering system of the CIVXDATA service
– Deletion of username and password and all related data, reports, files and any content associated with your account.
Prevention of any future use of the CIVXDATA service.
All terminations shall be made at CIVXDATA’s sole discretion and CIVXDATA shall not be liable to terminated user or any third-party for any termination of account or access to the CIVXDATA service.
Potential Disruption of Service
You shall be responsible for obtaining and maintaining all telephone, computer hardware, software, and other equipment needed to access and use this Website. Access to this Website may from time to time be unavailable, delayed, limited or slowed due to, among other things: hardware failure, including among other things, failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment; software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content; overload of system capacities; damage caused by severe weather, earthquakes, wars, insurrection, riots, terrorism, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters; interruption (whether partial or total) of power supplies or other utility of service; strike or other stoppage (whether partial or total) of labor; governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond our control.
If access to this Website is unavailable, delayed or limited, or if this Website does not operate quickly and efficiently, you may be unable to transmit your instructions for transactions and other matters, or such instructions may not be promptly executed, or you may be unable to retrieve information on a timely basis. If your operations are dependent on such communications with us, and such communications are disrupted or delayed, you may suffer losses. CIVXDATA will not be liable for any such loss.
Site owner is not liable for changes in the market that change buyer/seller conditions.
Site use is restricted to real estate appraisal activities only.
Web Site Security
You are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (a) accessing data not intended for your viewing or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization or (c) attempting to interfere with service to any user, host or network. Violations of system or network security may result in civil or criminal liability. CIVXDATA and/or Site Owner will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
DISCLAIMER OF WARRANTY
THE WEB SITES ARE PROVIDED “AS-IS” AND “WITH ALL FAULTS” AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CIVXDATA AND SITE OWNER DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE WEB SITES, INCLUDING WITHOUT LIMITATION ITS FITNESS FOR A PARTICULAR PURPOSE, ITS QUALITY, ITS MERCHANTABILITY, ITS PERFORMANCE, ITS NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, OR THE RESULTS OBTAINED BY USING THE WEB SITES. THE COMPANY DOES NOT WARRANT THAT THE WEB SITES ARE FREE FROM BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS.
Nothing in this Agreement and nothing in CIVXDATA’s statements to you shall be construed as a promise or guarantee about the outcome of any matter. CIVXDATA make no such promises or guarantees. Any comments about the prospective outcome of a matter are expressions of opinion only.
CIVXDATA does not assume any responsibility for the prompt or proper delivery of orders, or for the retention of any user information or communications between users. CIVXDATA assumes no responsibility for the accuracy or any communications between users.
CIVXDATA expressly disclaims all warranties of any kind, stated or implied.
CIVXDATA ensures that:
– Services will meet your requirements
– Services will remain uninterrupted, timely, secure or free from errors.
– Provided results will be accurate or reliable Quality of products, services, or information obtained will meet your expectations
– Errors in the software will be resolved
– Account specific internal audit team to ensure quality of work
Any files or information downloaded from CIVXDATA is done at the sole risk and discretion of the user. Any damage to computer systems or loss of data is the sole responsibility of the user.
No verbal or written communication obtained from CIVXDATA shall create any warranty not expressly stated in this user agreement.
Where local laws supersede the exclusion of warranties as stated in this agreement, the laws will prevail.
Entire Agreement: Severability
This Agreement states the entire agreement between you and CIVXDATA, and it supersede any prior agreement between you and CIVXDATA. No future agreement, statement, or promise that purports to amend, contradict or supersede this Agreement will be binding unless it is set forth in a written document signed by you and CIVXDATA. Any provision of this Agreement is held to be unenforceable in whole or in part for any reason; the remainder of that provision and of the entire Agreement will be severable and remain in effect.
The CIVXDATA service is available to adults over the age of 18. Users may be suspended or removed from the system by CIVXDATA for any reason. Individuals are limited to one active account. Users are prohibited from selling, trading, or in any way transferring their CIVXDATA account to another party. If you fail to meet these requirements, you may not use this service.
Individual use of the CIVXDATA service is governed by this User Agreement, and any amendments published in the future. CIVXDATA reserves the right to refuse service without prior notice to any user for any reason.
This Agreement will govern all legal services performed by CIVXDATA on your behalf commencing with the date data entry services are or were first provided to you as client.
The date at the beginning of this Agreement is for reference only. Even if this Agreement does not take effect, you will be obligated to pay CIVXDATA the reasonable value of any services rendered.
This Agreement may be modified at any time, and without prior notice. Changes and/or modifications to this agreement will be incorporated on this website. Any continued use of the services provided by CIVXDATA communicates your acceptance of any amended User Agreement.
If this Agreement accurately sets forth the agreed terms of the relationship between CIVXDATA and you, please click to e-sign a copy of this Agreement were indicated below
THE UNDERSIGNED CLIENT ACKNOWLEDGE AND AGREE TO THE FOREGOING TERMS AS OF THE DATE.
Website Use Agreement
CIVXDATA Websites and the services offered by CIVXDATA are dependent on the approval of the terms and conditions of the following Agreement. It is mandatory for all website visitors to fully examine and understand the Agreement before accessing the services provided. Use of this website constitutes acceptance of this Agreement and binds the user to the terms and conditions detailed in this Agreement. You agree that you cannot access or use this service if you do not wish to be bound by this Agreement.
The intention of the material offered on this website is to provide visitors with a basic understanding of the data entry services that can be purchased on this website or via telephone. The material provided is for user informational purposes and to promote the data entry services offered on this website. Information provided by this website is neither comprehensive nor complete and does not claim to explore all possible aspects of the data entry services industry. CIVXDATA makes no guarantee as to the accuracy, reliability, usefulness, timeliness, or completeness of the information. CIVXDATA or “information providers” of the CIVXDATA Websites cannot and do not warrant against delays, omissions, interruptions, loss of data or human or machine error.
All content on this website, including text, software, images, graphics, videos, logos, button icons and digital downloads is the exclusive property of CIVXDATA and is protected by United States and international copyright laws. This protection includes all patents, trademarks, service marks, trade secrets or additional proprietary laws and rights. You agree not to rent, sell, copy, and license, distribute, reproduce, publicly display or perform, transmit, publish, edit, adapt or produce derivative works from such content or materials unless expressly authorized by CIVXDATA.
Aside from the above, you are permitted to download or print a single copy of the content or materials on this website on any single computer for your personal, non-commercial use. This use is provided only if you keep intact all copyright and other proprietary notices. Any systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from CIVXDATA Websites and CIVXDATA is strictly prohibited. Additionally, any use of the content or materials of this website for any purpose not expressly permitted in this Agreement is also strictly prohibited.
Monitoring and Enforcement
We retain the right to monitor any and all activity and resulting content associated with CIVXDATA service. We are not required to perform such monitoring, and are not liable for any errors, omissions, or any offensive material that may be posted. Please report any suspected misuse to our customer service department. Such reports will be taken seriously and investigated. Any action that we deem appropriate will be taken to correct the situation. CIVXDATA is not responsible for any loss or damage resulting from the misuse of our services by any individual or organization.
While using this website, users may gain access to other websites through hypertext or other links that are not associated with the CIVXDATA Websites. CIVXDATA Websites and CIVXDATA assume no liability or responsibility for any material accessed through any such link that is outside of our website.
This Agreement will be governed by and construed in accordance with the laws of the State of California and the laws of the United States of America, without giving effect to any principles of conflicts of laws. All disputes, claims or controversies arising out of or in connection with these Terms of Service shall be submitted to and be subject to the exclusive personal jurisdiction of the State of California for the County of San Diego. The parties submit to the exclusive jurisdiction of such courts to adjudicate or determine any action, suit or proceeding arising out of or in connection with this Agreement.
Waiver of Liability
In no event shall CIVXDATA be held liable for any damages whatsoever. CIVXDATA shall particularly not be liable for the following damages and losses: consequential, incidental, indirect, special, lost profits, loss of revenue, or loss of use, arising out of or related to any CIVXDATA or CIVXDATA website or the information contained within. This applies whether such damages arise in contract, in equity, at law, negligence, tort, under statue or otherwise.
The use of the web site (the “Web Site”) is subject to the terms and conditions stated herein and to the terms set by the Site Owner (email@example.com) located at www.civxdata.com. Use of the Web Site constitutes an agreement by you, the user, that your use is governed by these terms and conditions. In addition, when using particular services, you will be subject to any guidelines or rules applicable to such services that may be posted from time to time. You are responsible for regularly reviewing this Agreement.
Ownership of Intellectual Property
The works of authorship contained in this Web Site, including but not limited to all design, text and images, are owned, except as otherwise expressly stated, by CIVXDATA or its licensors. United States and worldwide copyright laws and treaty provisions protect the contents of this Web Site. In accordance with these terms, except as stated above.
Appropriate Conduct and Prohibited Uses:
You will not:
– Copy, reproduce, modify, use, republish, upload, post, publish, license, create derivative works from, transmit or distribute in any way material from the Web Site without express written permission.
– Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
– Upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful Content.
– Upload, post, email or transmit or otherwise make available any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless You are the owner of the Rights or have the permission of the owner to post such Content.
– Upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms of Service or any applicable policies or guidelines.
– Download any file posted by another that You know, or reasonably should know, that cannot be legally distributed in such manner.
– Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material; Restrict or inhibit any other user from using and enjoying Site Owners and/or CIVXDATA services.
– Use services for any illegal or unauthorized purpose.
Interfere with or disrupt services or servers or networks connected to Site Owners and/or CIVXDATA services, or disobey any requirements, procedures, policies or regulations of networks connected to Site Owners and/or CIVXDATA services.
– Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of services or collect information about users for any unauthorized purpose; Submit Content that falsely expresses or implies that such Content is sponsored or endorsed by CIVXDATA and/or Site Owner.
– Create user accounts by automated means or under false or fraudulent pretenses.
– Promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or.
– Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
– Redeliver, transfer, or sell any information, software, lists of users, databases or other lists, products, or services provided through or obtained from the Site Owner and/or CIVXDATA Web Sites. This includes among other activities, using “framing, scraping, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or other information and includes any of the pages, text, images or other content of this Web Site technology without express written permission.
– Soliciting any of the individuals or companies listed on this web site for purposes of selling products or services is prohibited.
– International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.
CIVXDATA AND SITE OWNER MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Communications with Authorized Users
Authorized User Conduct
CIVXDATA services may not be used for:
– Any illegal purpose, not limited to conspiring to violate laws.
– Providing information or communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
– Misrepresenting your identity in anyway, including the use of a pseudonym, or falsely representing your qualifications, title, position, or any affiliations with a person or entity, past or present.
– Providing any matter any documents, data, or information which include any information that you do not possess the right to disclose or make available under any law or under contractual or fiduciary relationships.
– Providing any content or initiating any communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights, via any means.
– Harvesting or storing any personal or professional data about any other users of CIVXDATA.
– Using any contact information available on the CIVXDATA website to send unsolicited, or “spam” advertising communication. This includes any form of communication, electronic and otherwise to any person whose email address, phone number, or physical address was obtained from the CIVXDATA website.
– Transmitting any material that contains computer software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
– Harassing or stalking any individual or organization.
– Forging or manipulating format, logos, or headers to disguise the origin of any communication transmitted through the CIVXDATA service.
– Providing misleading information in any required form fields.
– Disrupting or disturbing in any way the CIVXDATA service, including servers and networks connected to the CIVXDATA service, or misuse any requirements, procedures, policies or regulations of networks connected to the CIVXDATA service.
– Using any software, device or process to spider, or crawl any web pages contained in the CIVXDATA web site.
– Copying any CIVXDATA web pages or content.
LIMITATION OF LIABILITY
By agreeing to this user agreement, you expressly understand and agree that CIVXDATA shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses. In no event will CIVXDATA’s total cumulative damages exceed $100 (US).