End User License Agreement (EULA)

Last updated: July 28, 2026

Part 1: ProInsight™ Application License

ProInsight™ Apps made available to you by ProInsight™ through ProInsight™ channels are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of this Licensed Application End User License Agreement. ProInsight™ grants your license to any ProInsight™ App under this EULA. Any ProInsight™ App subject to this EULA is referred to herein as the “Licensed Application.” ProInsight™ (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this EULA.

  1. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any products that you own or control and as permitted by the Usage Rules. The terms of this EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Device to a third party, you must remove the Licensed Application from the Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof, except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application.
  2. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
  3. Termination: This EULA is effective until terminated by you or Licensor. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms.
  4. External Services: The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your home country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
  5. No Warranty: You expressly acknowledge and agree that use of the Licensed Application is at your sole risk. To the maximum extent permitted by applicable law, the Licensed Application and any services performed or provided by the Licensed Application are provided “as is” and “as available,” with all faults and without warranty of any kind, and Licensor hereby disclaims all warranties and conditions with respect to the Licensed Application and any services, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of noninfringement of third-party rights. No oral or written information or advice given by Licensor or its authorized representative shall create a warranty. Should the Licensed Application or services prove defective, you assume the entire cost of all necessary servicing, repair, or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
  6. Limitation of Liability: To the extent not prohibited by law, in no event shall Licensor be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use of or inability to use the Licensed Application, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if Licensor has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
  7. Export Compliance: You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (i) into any U.S.-embargoed countries or (ii) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
  8. Commercial Items: The Licensed Application and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
  9. Governing Law and Venue: Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and ProInsight™ shall be governed by the laws of the State of Oregon, excluding its conflicts of law provisions. You and ProInsight™ agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Hood River, Oregon, to resolve any dispute or claim arising from this Agreement. This governing law and venue provision applies to your relationship with ProInsight™ generally; it does not apply to the PropertyRadar Data Addendum in Part 2 below, which is governed by the terms stated in that Addendum. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of any European Union country, Switzerland, Norway, or Iceland, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the law and courts of your usual place of residence, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of those courts.

Specifically excluded from application to this Agreement is the law known as the United Nations Convention on the International Sale of Goods.

Part 2: PropertyRadar™ Data Addendum

Portions of ProInsight™ incorporate property data licensed from PropertyRadar, Inc. (“PropertyRadar”). As a condition of that data license, PropertyRadar requires that end users of any product incorporating PropertyRadar data agree to the terms below with respect to their use of PropertyRadar-sourced data and content.

Scope: this Addendum applies specifically to your access to and use of PropertyRadar data and services made available through ProInsight™. Within this Addendum only, the terms “We,” “Us,” “Our,” “PropertyRadar,” and “PropertyRadar Offerings” refer to PropertyRadar, Inc., not to ProInsight™. The governing law, arbitration, and venue provisions below are PropertyRadar’s own required terms and govern disputes concerning PropertyRadar data specifically; they do not alter the Oregon governing law and venue provision in Part 1 above, which continues to govern your overall relationship with ProInsight™.

Acceptance

By using any of the PropertyRadar Offerings, you acknowledge that you have reviewed and accept the terms of this Addendum. This Addendum forms a binding contract between you and PropertyRadar, and you must agree to it, in its entirety, in order to use the PropertyRadar Offerings. The PropertyRadar Offerings are only available for use by valid business entities, including sole proprietorships. The terms “you” and “your” in this Addendum refer to the business entity that you represent. You represent and warrant that you have the authority to bind that entity.

This Addendum contains disclaimers of warranties, limitations of liability, releases, and a dispute resolution and arbitration provision, including a class action waiver, that affect your rights with respect to disputes you may have with PropertyRadar, as well as its shareholders, parent, subsidiaries, related parties, third-party technology partners and marketing partners (collectively, “Covered Parties”), who are express third-party beneficiaries of the mandatory arbitration provision and class action waiver. You may opt out of the binding individual arbitration and class action waiver as provided below.

By using the PropertyRadar Offerings, you represent and agree that you: (a) are 18 years of age or older (or the applicable age of majority, if greater, in your jurisdiction); (b) can enter into legally binding contracts under applicable law; (c) are not a resident of, or physically located in, the United Kingdom or any European Union Member State; and (d) are acting as a duly authorized representative of a valid business entity.

Use of the PropertyRadar Offerings, For Business Use Only

Certain information, features, and applications provided through the PropertyRadar Offerings, including text, content, data, information, advertising, logos, graphics, images and other content and materials that are not Submissions (as defined below) (together, the “Materials”), are provided to you by PropertyRadar and are its copyrighted and/or trademarked work, or that of its licensors. PropertyRadar grants you a limited, individual, non-exclusive, non-transferable and completely revocable license to use the PropertyRadar Offerings, subject to your compliance with this Addendum and the “Activities That Are Not Allowed” section below. PropertyRadar Offerings that require registration must be used solely by the non-consumer institutional end user named during registration, for your own internal business use; you will not permit any other party to use the Services on your behalf. The PropertyRadar Offerings are provided for your informational purposes only, and you have no other rights in or to them. You agree to cooperate with all investigations of abuse, complaints, or third-party infringement, and to use the PropertyRadar Offerings in compliance with all applicable privacy, data protection, credit, and other laws.

Activities That Are Not Allowed

Unauthorized use of the PropertyRadar Offerings may violate United States and international copyright or other laws. You are not authorized to use the PropertyRadar Offerings in any of the following ways (illustrative, not exhaustive):

Legal Compliance

When using the PropertyRadar Offerings, you represent and warrant that you will comply with all applicable Mobile Marketing Association and Cellular Telecommunications Industry Association guidelines, the rules of participating mobile carriers, and all applicable local, state, national, and international laws, including the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, laws governing the National Do Not Call Registry, the Florida Telemarketing Act and Florida Do Not Call Act, and analogous state laws, as well as rules applicable to prerecorded telemarketing messages, opt-out systems, call abandonment, in-call rebuttal rules, and time-of-day/day-of-week/holiday call restrictions (collectively, “Applicable Law”).

To the extent required by applicable law, you represent and warrant that each individual you contact in connection with the Services (“Call Recipient”) has provided prior express written consent, as defined in the TCPA, to receive commercial telephone calls, including autodialed calls, pre-recorded calls, artificial voice calls, and SMS text messages, from you (“TCPA Consent”). You shall collect and maintain TCPA Consent Records, including name, date, time, IP address, referral URL, and the contents of the consent registration form, for a minimum of six (6) years, and provide them to PropertyRadar within two (2) business days of request.

Phone numbers provided by PropertyRadar may be subject to state and federal do-not-call regulations, and compliance with those regulations is solely your responsibility. PropertyRadar may report suspected illegal activity to law enforcement and cooperate with investigations.

No Legal, Personal, or Professional Advice

The PropertyRadar Offerings, Submissions, and Third-Party Content are made available for general informational purposes regarding properties, property owners, property occupants, and related issues. They are not a substitute for professional, financial, legal, or other advice; if you have a situation requiring professional advice, consult a qualified specialist. PropertyRadar makes no representations or warranties, and disclaims all liability, concerning actions taken following the information or resources made available through the PropertyRadar Offerings. Nothing in the PropertyRadar Offerings constitutes legal advice regarding TCPA compliance, other telemarketing laws, or any other Applicable Law; you should always check with your own attorney to ensure your use of the PropertyRadar Offerings complies with Applicable Law. PropertyRadar assumes no recordkeeping duties on your behalf with respect to call logs or other usage data, and reserves the right to respond to third-party subpoenas or regulatory requests without prior notice to you.

Changes to the PropertyRadar Offerings

PropertyRadar may modify, suspend, or discontinue any of the PropertyRadar Offerings, and may modify this Addendum, at any time without notice, except that (a) amendments to the dispute resolution provisions will not apply to disputes incurred before the amendment, and (b) amendments to pricing or billing provisions will not apply to charges incurred before the amendment. Continued use of the PropertyRadar Offerings after notice of a modification constitutes acceptance of that modification.

Account Registration

To open an account, you must submit your first and last name, a working email address, mobile phone number, and preferred password, and PropertyRadar may require additional information to validate your account. To sign up for a Free Trial, you must also provide valid credit card information and a valid verification code. You agree to keep your registration information true, accurate, current, and complete, and you are responsible for maintaining the confidentiality of your password and for all activity under your account. You must notify PropertyRadar immediately if you believe your account security has been breached.

Privacy

PropertyRadar’s Privacy Policy explains how it uses the information you provide to it in connection with the PropertyRadar Offerings.

Additional iPhone and Android Application Terms

Any PropertyRadar Application is owned by and provided to you by PropertyRadar and/or its third-party technology partners, and PropertyRadar may change, edit, or discontinue any Application at any time without notice. Use of an Application is a license, not a sale. PropertyRadar grants you a non-exclusive, non-transferable, revocable license to use an object-code copy of the Application on one registered account on one device you own or lease, for your personal use. You may not modify, disassemble, decompile, or reverse engineer the Application; rent, lease, sell, or sublicense it; make copies of it; interfere with its security features; or remove proprietary rights notices. PropertyRadar may issue and automatically install upgraded versions of the Application, and this Addendum applies to all such upgrades.

For any Application designed for Apple iOS devices: this Addendum is between you and PropertyRadar only, not Apple, Inc.; your use must comply with Apple’s then-current App Store Terms of Service; PropertyRadar, not Apple, is solely responsible for the iOS App and has no obligation from Apple for maintenance, support, or warranty; PropertyRadar, not Apple, is responsible for addressing product liability, legal or regulatory conformance, and consumer protection claims relating to the iOS App, as well as investigating and defending any third-party intellectual property claim relating to it; you represent that you are not located in a U.S.-embargoed or “terrorist supporting” country and are not on a U.S. government restricted party list; you agree to comply with applicable third-party terms, such as your wireless carrier agreement, when using the iOS App; and Apple and its subsidiaries are third-party beneficiaries of this Addendum as it relates to your license of the iOS App, with the right to enforce it against you.

For any Application designed for Android devices: this Addendum is between you and PropertyRadar only, not Google, Inc.; your use must comply with Google’s then-current Android Market Terms of Service; Google is only the provider of the Android Market and has no obligation or liability to you with respect to the Android App or this Addendum; and Google is a third-party beneficiary of this Addendum as it relates to the Android App.

Additional Microsoft Bing Maps and MapPoint Terms

By using mapping functionality, data, or services provided by Microsoft Corporation on the Sites, you agree to be bound by Microsoft’s then-current End User Terms located at microsoft.com/maps/assets/docs/terms.aspx. In addition, bird’s-eye imagery of the United States may not be used by any government entity or agency or branch thereof.

Additional WAVV Terms

Any user that accesses an Application made available by WAVV Communications LLC d/b/a WAVV agrees to comply with the WAVV Terms of Service, available at WAVV.com/terms/.

Subscription Terms

By registering for an account, you become a “Subscriber” with access to certain password-restricted areas of the Site/API and PropertyRadar Offerings (a “Subscription”). Each Subscription is personal and non-transferable, and all fees are payable in US Dollars. PropertyRadar reserves the right to change prices and features for Subscriptions, but not the price in effect for your then-current term, upon notice, and does not provide price protection or refunds for promotions or price decreases.

Free Trial: Certain PropertyRadar Offerings may be offered on a free trial basis. You may cancel during the Free Trial period. After the Free Trial period expires, you will be charged in full for the selected term without further notice, and those charges are non-refundable. You are entitled to no more than one Free Trial and agree not to seek additional Free Trials through multiple registrations, aliases, or changes to account information; any such attempt will result in your credit card being immediately charged. Unless you cancel before the Free Trial period ends, PropertyRadar will automatically charge you the regular Subscription fee in effect on that date.

Auto-Renewal: Your Subscription commences upon registration and continues for the initial term you select. PropertyRadar will charge your first Subscription fee on the date it processes your order (or, if you signed up for a Free Trial, upon expiration of that trial). Upon completion of the initial term, and unless canceled by you before then, your account will automatically renew for a term equal to the initial term. If you do not wish to renew, you must cancel before the end of the initial or then-current term using one of the cancellation methods below. If you cancel after automatic renewal, you will not receive a refund for the pre-paid Subscription fee, but you will retain access for the remainder of that term. You agree that PropertyRadar will not obtain any additional authorization from you for these recurring payments, and each use of the PropertyRadar Offerings reaffirms that authorization. PropertyRadar may change fees or add new fees from time to time, with advance notice by email, on the Site, or by in-app message before the new fees take effect.

Cancellation: You may cancel your Subscription at any time. All fees due up to the end of the then-current Subscription period at the time of termination remain payable unless otherwise specified. You may cancel by logging into your PropertyRadar account and completing the cancellation form under Billing in Settings, effective upon submission; by emailing a cancellation request to support@propertyradar.com, effective one business day after receipt; or by mailing a cancellation notice at least ten business days before your desired cancellation date to PropertyRadar, P.O. Box 837, Truckee, CA 96160, effective one business day after receipt. You can verify your cancellation status under Billing in Settings.

Termination: PropertyRadar reserves the right to terminate your Subscription or access, or to discontinue or modify any PropertyRadar Offerings, at any time, with or without notice, in its sole discretion. Your sole remedy for such termination is a pro-rated refund of the pre-paid Subscription fee for the then-current term. If you breach this Addendum, all licenses granted under it terminate automatically and you must immediately destroy any downloaded or printed Materials. PropertyRadar may pursue any claims it may have against you for violation of this Addendum, including monetary damages, injunctive relief, court costs, and attorneys’ fees.

Payment of Fees: You agree to pay all fees on time, and by providing credit card information you consent to recurring billing until canceled. All payments are non-refundable, with no credits for partial use of a term. You must provide a complete billing ZIP code, card number, and phone number to process payments. PropertyRadar accepts Visa, MasterCard, American Express, and Discover. If your card expires, is declined, or you otherwise fail to pay on time, access may be terminated or suspended, and you remain responsible for any uncollected amounts.

Consent to Contact: You agree that PropertyRadar may contact you by telephone or email, as provided during registration, regarding the PropertyRadar Offerings during the term of this Addendum.

Credit Card Terms: By purchasing a Subscription, you authorize PropertyRadar to charge your card in advance for all applicable amounts. If your card is declined, PropertyRadar may contact you at any phone number or email you provided for alternate payment information, may make additional charge attempts, and may suspend access until valid payment information is provided. You must keep your card information current, and PropertyRadar reserves the right to work with card issuers and processors to refresh expired or replaced card numbers on file so your Subscription does not lapse. You must contact PropertyRadar before initiating any chargeback or inquiry to allow for resolution, and PropertyRadar reserves the right to collect amounts subject to an invalid or improper chargeback.

PropertyRadar’s Role as a Service Provider

To the extent the PropertyRadar Offerings involve PropertyRadar processing personal information on your behalf, PropertyRadar agrees to process personal information only to provide the PropertyRadar Offerings, and not to sell, rent, or otherwise disclose personal information to a third party for monetary or other valuable consideration, other than to its own service providers. PropertyRadar may nonetheless combine personal information received from you with information from other entities to detect security incidents or protect against fraud, and may de-identify or anonymize personal information and aggregate the resulting data with data from other sources for purposes of providing and improving the Services. All such de-identified and aggregated data is owned solely by PropertyRadar, ceases to be personal information, and PropertyRadar may use, reproduce, distribute, sell, and otherwise commercialize it during and after the term of this Addendum.

Third-Party Content

Certain information and content that are not your Submissions may be provided by third-party licensors to PropertyRadar (“Third-Party Content”), which remains the copyrighted or trademarked work of its creator or licensor. Unless you have the owner’s permission, you agree to display Third-Party Content only on your personal computer and solely for your own business use, and you acquire no proprietary rights in it. Third-Party Content is provided “as is, as available” with all faults, and PropertyRadar, on its own behalf and on behalf of its licensors, disclaims all express, implied, and statutory warranties with respect to it, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Links to Third-Party Web Sites

The PropertyRadar Offerings may link to third-party websites where you may conduct transactions or purchase goods or services. PropertyRadar provides these links as a convenience and does not verify or take responsibility for the content, accuracy, or activities of those sites, which may have different privacy policies, terms, and business practices. Your dealings with any such third party are solely between you and that party, and any concerns should be directed to them. PropertyRadar is not responsible for any goods, services, content, or harm related to third-party sites or dealings, and references to third-party products or services do not imply endorsement.

Proprietary Rights

“PropertyRadar” is a trademark of PropertyRadar, Inc. in the United States. Other trademarks, names, and logos made available through the PropertyRadar Offerings are the property of their respective owners. Unless otherwise specified, all information, materials, content, and screens made available through the PropertyRadar Offerings, including documents, design, text, graphics, logos, images, and icons, are PropertyRadar’s sole property, Copyright © 2006-2022 PropertyRadar, Inc. All rights not expressly granted are reserved, and there are no implied rights. Reproduction, distribution, modification, retransmission, or publication of copyrighted material is strictly prohibited without the express written consent of the copyright owner, except as required or limited by applicable law. All intellectual property rights in the PropertyRadar Offerings and Third-Party Content remain the exclusive property of PropertyRadar and its licensors; you are entitled only to the limited use expressly granted in this Addendum, and unauthorized use is a violation of this Addendum and of applicable intellectual property laws.

Submissions

You agree that any text, files, images, photos, videos, sounds, or other materials you submit, post, or otherwise make available through the PropertyRadar Offerings (each, a “Submission”) is accurate, complete, and does not misrepresent you or falsely identify a third party, and does not violate applicable law, contain viruses or malware, or infringe the rights of others. You represent that you own or have the right to grant the licenses described in this section, and you agree to pay all royalties, fees, and damages owed to any person by reason of your Submissions. Except as stated in PropertyRadar’s Privacy Policy, Submissions are provided on a non-proprietary and non-confidential basis, and other users may be able to access them. You grant PropertyRadar a sublicensable, non-exclusive, assignable, fully-paid, royalty-free, worldwide license to link to, use, publicly perform, publicly display, reproduce, distribute, modify, and prepare derivative works of your Submissions in any media, though PropertyRadar may not sell ownership rights to your Submissions. You retain ownership of any copyrights or other intellectual property rights applicable to your Submissions. You agree not to upload material protected by copyright, trademark, or other proprietary right without the owner’s permission, and you are solely liable for any damage resulting from infringement arising from your Submissions.

Copyright and Trademark Infringement

PropertyRadar respects the intellectual property rights of others and has a policy of removing Submissions that violate those rights, suspending access, and terminating accounts of repeat infringers. Pursuant to 17 U.S.C. § 512, PropertyRadar has implemented procedures for receiving written notification of claimed copyright infringement. A notice must include: (a) a signature of the person authorized to act on behalf of the copyrighted work’s owner; (b) identification and location of the work claimed to be infringed; (c) a good-faith statement that the disputed use is not authorized; (d) the notifying party’s name and contact information; and (e) a statement, under penalty of perjury, that the notice is accurate and that the notifying party is or is authorized to act for the copyright owner. Notices should be directed to PropertyRadar’s designated copyright agent, Klein Moynihan Turco LLP, Attn: Copyright Attorney, 450 Seventh Avenue, 40th Floor, New York, NY 10123, info@kleinmoynihan.com, fax (212) 216-9559. PropertyRadar reserves the right to terminate the account of any user who is the subject of repeated infringement notifications.

Disclaimer of Warranties (PropertyRadar Data)

The PropertyRadar Offerings and Third-Party Content are made available for informational purposes only and are not intended to provide commercial, legal, investment, or financial advice. They may be based on data collected, computed, or modeled from a number of sources, including public records and statistical calculations, and may not be free from inaccuracies, errors, or defects; they may not account for property condition, current market conditions, title defects, or other factors that could significantly affect the quality of the information. Neighborhood and census data, estimated values, loan balances, rent, and other data provided may be subject to errors and omissions and are provided for informational purposes only. PropertyRadar and its licensors do not guarantee the accuracy, timeliness, availability, reliability, adequacy, or completeness of any information, views, or recommendations made available through the PropertyRadar Offerings, Submissions, or Third-Party Content, and are not responsible for errors, omissions, or misrepresentations of value. PropertyRadar is not responsible for delays, disruptions, malfunctions, or other technical interruptions, including issues with the Sites, computer systems, telephone carriers, internet service, or signal quality.

THE PROPERTYRADAR OFFERINGS, SUBMISSIONS, AND THIRD-PARTY CONTENT ARE PROVIDED ON AN “AS IS,” “WITH ALL FAULTS AND DEFECTS,” AND “AS AVAILABLE” BASIS, WITH THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND USE ON YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROPERTYRADAR AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND QUIET ENJOYMENT, AND WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. PROPERTYRADAR DOES NOT WARRANT THAT THE OFFERINGS WILL MEET YOUR REQUIREMENTS, THAT DEFECTS WILL BE CORRECTED, THAT SECURITY METHODS WILL BE SUFFICIENT, THAT ANY SPECIFIC OUTCOME WILL RESULT, OR THAT THE OFFERINGS WILL BE ACCURATE OR RELIABLE, AND PROPERTYRADAR IS NOT RESPONSIBLE FOR THE AVAILABILITY OF YOUR UNDERLYING INTERNET CONNECTION. NO ORAL OR WRITTEN ADVICE FROM PROPERTYRADAR OR ANY COVERED PARTY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS ADDENDUM.

Limitation of Liability (PropertyRadar Data)

IN NO EVENT WILL PROPERTYRADAR OR ANY SUPPLIER BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THIS ADDENDUM, YOUR USE OF OR INABILITY TO USE THE PROPERTYRADAR OFFERINGS, YOUR DISPLAYING, COPYING, OR DOWNLOADING OF MATERIALS OR THIRD-PARTY CONTENT, THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR PERSONAL INFORMATION, OR THE FAILURE TO REALIZE ANY SPECIFIC OUTCOME, INCLUDING LOSS OF PROFITS, DATA, REVENUE, OR OTHER ECONOMIC ADVANTAGE, WHETHER ARISING FROM CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow this exclusion or limitation, so it may not apply to you. This limitation is separate from and does not fail with any other remedy limitation, even if that other limitation fails of its essential purpose.

Damages Cap: PropertyRadar’s total, aggregate liability arising out of or related to this Addendum shall not exceed the total Subscription fees you paid to PropertyRadar in the six-month period immediately before the event giving rise to the claim.

Indemnification

You agree to fully indemnify and hold PropertyRadar and its officers, directors, employees, affiliates, agents, licensors, business partners, and suppliers harmless from any claims, liabilities, costs, damages, and expenses, including attorneys’ fees, arising out of your use of the PropertyRadar Offerings, any claim related to TCPA Consent obtained from your Call Recipients, or any violation of Applicable Law.

Feedback

Any Feedback you submit to PropertyRadar, such as comments, questions, suggestions, or materials, will be treated as non-confidential and non-proprietary. Except where prohibited by law, you assign all right, title, and interest in any ideas, know-how, or techniques contained in the Feedback to PropertyRadar, which may use it for any purpose without attribution or compensation to you; where assignment is prohibited, you grant PropertyRadar an exclusive, transferable, worldwide, royalty-free, fully paid license, including the right to sublicense, to use and exploit the Feedback. PropertyRadar is not obligated to use any Feedback.

Dispute Resolution and Arbitration; Class Action Waiver

This section of the Addendum shall be treated as though executed and performed in California and shall be governed by the laws of the State of California, without regard to conflict of law principles. You and the Covered Parties agree to arbitrate all claims arising under or relating to the PropertyRadar Offerings, Third-Party Content, or this Addendum. You agree to first email an “Initial Dispute Notice” to support@propertyradar.com containing your full name and that of your business entity, your mailing addresses, your preferred email address, a description of your claim, and the relief you seek. The named Covered Party may respond with a Final Settlement Offer; if you do not accept it, or the dispute is not otherwise resolved, you must submit the dispute to the American Arbitration Association in your county of residence by filing a separate Demand for Arbitration. For claims of $10,000 or less, you may choose whether arbitration proceeds in person, by telephone, or on written submissions. If the arbitrator awards you relief greater than the Final Settlement Offer, the Covered Party will pay all filing, administration, and arbitrator fees, and reimburse reasonable attorneys’ fees you incurred pursuing the claim. Any award is final and may be entered as a judgment in any court of competent jurisdiction. The Covered Party will not seek an award of its own attorneys’ fees against you unless the arbitrator finds your claim frivolous.

To the extent permitted by law, you agree not to bring, join, or participate in any class action against any Covered Party, and you agree to the entry of injunctive relief to stop or remove you from such a suit, and to pay the attorneys’ fees and costs a Covered Party incurs in seeking that relief. This class action waiver does not waive your right to pursue a claim individually in binding arbitration as described above, and is an independent agreement. You may opt out of this dispute resolution section by providing written notice within thirty (30) days of the date you first access the Site.

Local Laws; Export Control

PropertyRadar controls and operates the PropertyRadar Offerings from its U.S. headquarters, and the Offerings, Submissions, and Third-Party Content may not be appropriate or available in all locations. If you use them outside the United States, you are responsible for complying with applicable local laws.

Survival, Assignment, and Miscellaneous

The proprietary rights, disclaimer of warranties, your representations, limitations of liability, assignment, governing law and venue, severability, waiver, and entire agreement provisions of this Addendum survive its termination, along with any other terms that by their nature continue and survive. You may not assign this Addendum or any rights under it; PropertyRadar may assign it, in its sole discretion, to any affiliate or third party without your consent or prior notice, and any purported assignment by you in violation of this section is void.

This Addendum, as it relates to PropertyRadar, is subject to and construed in accordance with the laws of the State of California, excluding its conflict of laws provisions. If any provision of this Addendum is determined to be invalid or unenforceable, it will be superseded by a valid, enforceable provision that most closely matches its intent, and the remainder of the Addendum remains in effect; PropertyRadar’s failure to enforce any term is not a waiver of that term, and a waiver must be in writing to be effective.

This Addendum constitutes the entire agreement between you and PropertyRadar with respect to PropertyRadar data made available through ProInsight™, and supersedes prior understandings on that subject. To the extent anything associated with the PropertyRadar Offerings or Third-Party Content conflicts with this Addendum, this Addendum controls; no agency or partnership relationship is created by this Addendum, ambiguities will not be construed against the drafting party, and headings are for convenience only.

Neither party will be liable for delay or failure to perform, other than payment obligations, due to causes beyond its reasonable control, including disruptions from pandemic, acts of God, telecommunications or internet failure, vandalism, computer hacking, fire, storm or other natural occurrences, governmental or regulatory action, national emergencies, insurrection, riot, war, strikes, or other labor difficulties. The affected party will give prompt written notice and use commercially reasonable efforts to minimize the impact, and the parties’ obligations will be excused or postponed only for the duration of the event.

You acknowledge and agree that you accept this Addendum by electronic means rather than a handwritten signature, that clicking the applicable submit button constitutes a legally binding electronic signature, and that you agree to the use of electronic signatures, contracts, records, and notices under the U.S. Electronic Signatures in Global and National Commerce Act and similar state and federal statutes, waiving any requirement for an original signature or non-electronic records. You acknowledge you can print or store information delivered to you electronically in a way that keeps it accessible in unchanged form.

The Covered Parties, and PropertyRadar’s suppliers and their suppliers, are intended third-party beneficiaries of this Addendum with respect to the use of their data and information, and may directly enforce its rights and obligations and seek all available legal and equitable remedies.

PropertyRadar may update this Addendum from time to time and will notify you of changes by posting the updated Addendum and, where applicable, by email or an in-app notice before the change takes effect. Please review this Addendum periodically; changes are effective when posted.

Contact Us

If you have any questions about this End User License Agreement, you can contact ProInsight™ by email: privacy@proinsight.com.

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