Effective Date: April 29, 2021
A. Your access to and use of this Site including but not limited to, what the Site will and won’t do regarding its use;
B. Your access to and use of certain other websites including but not limited to, those with whom PVX does business;
2.1 The services are provided on a one-year unlimited use subscription basis. Subscriptions are non-refundable. Subscriptions automatically renew for subsequent, sequential, continuous one-year subscriptions, unless you notify us in writing per Section 25.0 below no less than seven (7) days before the last day of your then-current subscription year that you want to cancel your subscription. You can also cancel your subscription on the Subscriptions page of the Site. We will send you an email to advise you that your subscription has renewed for another year.
2.2 All subscriptions are payable in advance of each subscription year. The credit or debit card you have provided us to purchase your first subscription year will be charged on the last day of the then-effective subscription year for the next subscription year, at the subscription price then applicable to your then-current subscription level. These prices may change from time to time in our Discretion.
2.3 If you’re a “basic” user and desire to change the level of your subscription to “advanced” user during any subscription year, you can do so on the Subscriptions page.
One hundred percent (100%) of your basic subscription price for that subscription year will be credited toward the price of your advanced subscription for that subscription year. The balance will be charged to your credit or debit card on file with us.
2.4 If you are an “Advanced” user, the following also applies to you. You represent, warrant and covenant (“Warranty/ies” or “Warrant”) that: you are a “Qualified Appraiser” (as this term is defined by the U.S. Internal Revenue Service, judicial, or other applicable authority; you intend to use the Site solely to obtain information and analysis that you intend to use in your appraisal reports and to support your opinion of value for real estate; you acknowledge and understand that the Site supplies useful information, but that the responsibility for the entire content of any report of yours and opinion of value is yours alone (in conformance with the Uniform Standards of Professional Appraisal Practice, and other applicable professional standards); you will take all necessary steps to assure that your work is suitable for the specific appraisal purpose and use and that you are bound by including but not limited to, the requirement that your work be unbiased and not misleading to the intended user; and, you acknowledge and understand that you must understand all information output by the Site or will take all steps necessary to acquire such competence prior to issuing any report or opinion of value for real estate.
4.2 While using the Materials, you’re required to comply with any and all applicable statutes, orders, regulations, rules and other laws EKN.
5.1 reproduce, publicly display, perform, distribute, sell, resell, or otherwise use or exploit any information or materials on the Sites for any purpose EKN;
5.2 modify any information or materials on the Sites in any way, or copy, reproduce, rent, lease, loan, publish, transmit, distribute, perform, display, create derivative works from, decompile, disassemble, reverse engineer, sell, license, or otherwise exploit the Sites or anything on or accessible through them, in whole or in part;
5.3 interfere with the Sites or any other User’s use of the Sites including but not limited to, by hacking or defacing any portion of the Sites, inserting any code, product, or otherwise manipulating the Sites in any way that affects any User’s experience;
5.4 post, upload, share, transmit, distribute, facilitate distribution of, or otherwise make available, through or in connection with the Site:
5.4.1 anything that is or may be: threatening, harassing, degrading, hateful, or intimidating; defamatory; fraudulent or tortious; obscene, indecent, pornographic, or otherwise objectionable; or, protected by copyright, trademark, patent, trade secret, right of publicity, or other proprietary right, without the express prior written consent of the owner of that right;
5.4.2 any material that encourages conduct or could otherwise give rise to criminal or civil liability; that contains or promotes violence, drug use, illegal gambling or other criminal activity; or that encourages or provides instructional information about illegal activities, or activities such as but not limited to “hacking”, “cracking”, “phishing”, or “phreaking”;
5.4.3 any virus, worm, Trojan Horse, Easter egg, bot, time bomb, spyware, malware, or other computer code, file, or program that is harmful or invasive to the Sites, used to monitor the use of the Sites, or any hardware, software, or equipment, or which may or is intended to damage or hijack the operation of the Sites;
5.4.4 any unsolicited or unauthorized advertising, promotional material, “junk mail”, “spam”, “chain letter”, “pyramid scheme”, investment opportunity, or any other form of solicitation;
5.4.5 any non-public information about a Person without the proper written authorization to do so;
5.4.6 use the Sites for any other fraudulent or unlawful purpose;
5.4.8 impersonate any Person including but not limited to, any representative, affiliate, or designee of ours, falsely state or otherwise misrepresent your affiliation with any Person in connection with the Sites, or express or imply that we endorse any statement or representation you make;
5.4.9 interfere with or disrupt the operation of the Sites or the servers or networks used to make the Sites available; or violate any requirements, procedures, policies or regulations EKN of those networks;
5.4.10 use the Site for any purpose except the Purpose (as defined in Section 19.0 below);
5.4.11 remove any copyright, trademark, or other proprietary rights notice EKN from the Sites or materials originating from or accessible through the Sites;
5.4.12 frame or mirror any part of the Sites;
5.4.13 use any robot, spider, search/retrieval application, or other manual or automatic device EKN to retrieve, index, “scrape”, “data mine”, or in any unauthorized way gather any materials available on or through the Sites, or reproduce or circumvent the navigational structure or presentation of any materials available on or through the Sites;
5.4.15 take any action that imposes, or may impose, in our Discretion, an unreasonable or disproportionately large load on our infrastructure; or,
5.4.16 deep-link to any portion of the Sites for any purpose without our Approval.
6.0 Equipment and Services to Access the Site. You are solely responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services EKN needed to access and use the any Materials available on or through the Sites, and paying all charges related to that hardware, equipment, and services.
7.0 Site Modifications We Make. We have the irrevocable right in our Discretion, at any time and from time to time, temporarily or permanently, in whole or in part, with or without notice, to: modify, change, suspend, or discontinue the Site and/or any aspect of it including but not limited to, links; change, modify and/or waive any fees we charge in connection with the use of the Site; and/or offer opportunities to some or all Users of the Site. Neither we nor any parent, subsidiary, or affiliate, nor any of our or their respective sponsors, vendors, licensors, or licensees, is liable to you or to any third party for any modification, suspension, or discontinuance of the Site, in whole or in part, or of any service, content, feature, or product offered on or through the Site.
9.0 Patents. One or more pending or registered patents may apply to the Site.
10.1 If you become aware of an infringement of our IP, please let us know by emailing us at firstname.lastname@example.org with “Infringement” in the subject line.
11.1 You Warrant: that you have the authority to submit all User Communications; that no User Communications will violate or infringe any rights, titles, and/or interests EKN of any Person; that all User Communications will be true, accurate, and complete; and, that you will maintain and update User Communications as needed, such that they remain true, accurate, and complete.
13.0 Accuracy of Information. We attempt to ensure that the Goods on the Sites (with the exception of User Communications) are complete, accurate, and current. Despite our efforts, the Goods may occasionally be inaccurate, incomplete, or out of date. Please bring to our attention any information you believe is inaccurate, incomplete, or out of date by contacting us at email@example.com with “Inaccuracies” in the subject line, along with a detailed explanation of your beliefs of inaccuracies. We make no Warranty EKN as to the completeness, accuracy, or current nature of the Goods, or any other information on the Sites, and PVX makes no commitment or assumes any duty to update that information.
14.0 Linking to the Sites. You are not allowed to maintain any link from another site or app to any page on the Sites without our Approval. You also are not allowed to run or display the Sites, or any information or material displayed on or accessible via the Sites, in frames or through similar means on another website or app without our Approval. Any links to the Sites we do Approve must comply will all applicable laws, rules, and regulations EKN, which is your sole responsibility and liability. Our Approval of such links is not an indication that they comply with any applicable laws, rules, and regulations EKN.
15.0 Third Party Links. Periodically, links may be established from the Sites to one or more external websites, apps, or resources operated by third parties (“Third Party Sites“). These links are provided only for your convenience. In addition, certain Third Party Sites also may, with our Approval, provide links to the Sites. None of these links imply that we endorse any Third Party Sites or any content on or through them. We don’t control and aren’t responsible or liable for any Third Party Sites or any content, advertising, products, or other materials EKN on or available through Third Party Sites. Access to any Third Party Sites is at your own, sole risk, and we have no liability EKN arising out of or related to Third Party Sites and/or their content, or for any damages or loss EKN caused or alleged to be caused by or in connection with any visit to, purchase from, use of, or reliance on anything available on or through, a Third Party Site.
16.0 Your Account. You will need to create a customer account to be able to access and use the Site and possibly the other Sites (“Account”). If you do, you will have to provide an email address, username and password for your Account, as well as the information on the applicable forms, which you can obtain at firstname.lastname@example.org. To protect your Account, you should choose a username and password different than names, birthdays, or street addresses associated with you. You may also want to choose a username and password different that the ones you use for other websites, and change them periodically. You are solely responsible for maintaining the confidentiality of your Account, username and password, and for restricting access to your computer(s) and other devices from which you access your Account. You are also solely responsible for any and all activities EKN that occur under your Account, username or password.
17.1 ANY THIRD PARTY INFORMATION, DATA, PRODUCTS, AND SERVICES ON, USED OR PURCHASED ON OR THROUGH, THE SITES ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE PROVIDERS, IF ANY. IN THE EVENT OF ANY PROBLEM WITH ANY THIRD PARTY INFORMATION, DATA, PRODUCTS, AND/OR SERVICES THAT YOU HAVE USED OR PURCHASED ON OR THROUGH THE SITES, YOUR SOLE REMEDIES, IF ANY, ARE FROM THE APPLICABLE PROVIDERS OF SUCH INFORMATION, DATA, PRODUCTS, AND /OR SERVICES IN ACCORDANCE WITH THEIR RESPECTIVE WARRANTIES, IF ANY. WE ARE NOT RESPONSIBLE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FOR ANY DEFECT OR FAILURE, MISUSE OR ABUSE, AND/OR, IMPROPER SELECTION OF ANY AND ALL THIRD PARTY INFORMATION, DATA, PRODUCTS AND/OR SERVICES EKN ON, USED, OR PURCHASED ON OR THROUGH THE SITES.
17.2 THE LIMITATIONS IN THIS SECTION 17.0 DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
18.1 IN THE EVENT OF ANY PROBLEM WITH THE SITES OR ANY CONTENT ON OR AVAILABLE THROUGH THEM, YOUR SOLE REMEDY IS TO CEASE USING THE SITES. THE LIMITATIONS IN THIS SECTION 18.0 DON’T APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
19.0 Other Disclaimers. THIS SECTION 19.0 CONTAINS ADDITIONAL LIMITATIONS OF WARRANTIES, AND OTHER DISCLAIMERS REGARDING YOUR USE OF THE SITES, AS WELL AS WHAT THE SITE WILL AND WON’T DO REGARDING ITS USE.
19.1 THE SITE IS ONLY A REFERENCE AND TEACHING TOOL THAT PROVIDES INSIGHT INTO FRACTIONAL INTERESTS IN REAL ESTATE (SUCH AS BUT NOT LIMITED TO, LLCs AND TENANCIES-IN-COMMON THAT OWN REAL ESTATE AS A PRINCIPAL ASSET) AND THEIR VALUATIONS. IT’S FOR GENERAL EDUCATIONAL PURPOSES ONLY. IT MAY OR MAY NOT BE SPECIFIC TO YOUR PARTICULAR SITUATION. IT’S NOT A VALUATION REPORT. IT’S NOT AND CANNOT BE USED AS A QUALIFIED APPRAISAL BY A QUALIFIED APPRAISER INCLUDING BUT NOT LIMITED TO, AS DESCRIBED IN IRS PUBLICATION 561. IT MERELY PROVIDES AN INDICATION OF VALUE FOR PLANNING AND GENERAL UNDERSTANDING PURPOSES ONLY. IT’S NOT A SUBSTITUTE FOR COMPETENT, EXPERIENCED TAX OR REAL ESTATE LEGAL ADVICE. IT’S ALSO NOT INTENDED TO AND DOESN’T APPRAISE REAL ESTATE. THE SITE IS ALSO NOT A SUBSTITUTE FOR USE OF A QUALIFIED APPRAISER/VALUATION EXPERT, AS REQUIRED BY THE INTERNAL REVENUE SERVICE, VARIOUS FEDERAL AND STATE COURTS, STATUTES, PROFESSIONAL STANDARDS AND REGULATIONS, PROMULGATED BY OTHER JURISDICTIONAL BODIES. IT’S THE APPRAISER’S RESPONSIBILITY TO DETERMINE HIS OR HER QUALIFICATION UNDER THE MEANING OF APPLICABLE STANDARDS AND REGULATIONS FOR PROVIDING SUITABLY RELIABLE OPINIONS OF VALUE FOR FRACTIONAL INTERESTS IN REAL ESTATE. All of the above in this subparagraph 19,1 is referred to for convenience in this Agreement as the “Purpose”)
19.2 A USER CAN GET INCORRECT OR INACCURATE RESULTS FROM ITS USE OF THE SITE DUE TO HUMAN ERROR (ONE EXAMPLE OF WHICH IS INCOMPLETE OR INACCURATE DATA INPUT), MECHANICAL ERROR, EXTREME OR INCOMPATIBLE COMBINATIONS OF INPUT VARIABLES OR OTHER FACTORS.
19.3 THE SITE IS NOT DIRECTLY APPLICABLE AND WILL NOT NECESSARILY GIVE ACCURATE RESULTS FOR TIERED ENTITIES AND OTHER SPECIAL SITUATIONS AND CIRCUMSTANCES THAT ARE DESCRIBED ON THE SITE ON THE “SPECIAL SITUATIONS” PAGE. THE DESCRIPTIONS THEREIN ARE INTENDED TO BE A GUIDE TO THE TYPES OF CONDITIONS THAT CANNOT BE NECESSARILY ACCOMMODATED BY THE SITE, BUT NO REPRESENTATION OR WARRANTY THAT THIS LIST IS COMPLETE IS INTENDED.
20.0 Additional Warranties. As a further condition of your use of this Site, you Warrant that:
20.1 You are at least 18 years of age and possess the legal authority to create a binding legal obligation;
20.3 all information supplied by you at any time on or through this Site is true, accurate, current, and complete; and,
22.0 Disputes Between You and Us. PVX is committed to User satisfaction. If you have a problem or dispute with us, we will attempt to resolve it with you. If we can’t, you or we may pursue Disputes, as defined and explained in this Section 22.0.
22.4 Arbitrations will be conducted in Los Angeles County, California, by the American Arbitration Association (“AAA”) under its rules, including the AAA Consumer Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, except as may be otherwise provided in this Section 22.0. We are each responsible for our own legal and filing fees and will split the arbitrator’s fees.
22.5 Any and all proceedings EKN to resolve Disputes will be conducted only on an individual basis, and not in a class, consolidated, or representative action. The arbitrator will have authority to decide issues as to the scope of this arbitration agreement and the arbitrability of Disputes. If for any reason a Dispute winds up in court rather than in arbitration, YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL.
22.6 To begin an arbitration proceeding, you must send us an email requesting arbitration and describing in detail your Disputes, to email@example.com with “Arbitration” in the subject line. If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA’s rules and filing instructions are available at www.adr.org, or by calling 1-800-778-7879.
22.7 This arbitration agreement is governed by and enforced in accordance with the Federal Arbitration Act and federal arbitration law. An arbitration decision may be filed in a court with competent jurisdiction as a final, non-appealable judgement.
22.8 Nothing in this Section 22.0 is a waiver of any of our Remedies, or precludes us from either instituting a Claim in any jurisdiction or from joining you in a Claim brought by a Person against us in any jurisdiction, although our failure to join you in any Claim in one instance isn’t a waiver of any of our rights with respect to that Claim, or any subsequent Claim brought by a Person against us.
25.1 If you’re a copyright owner or an authorized agent for that owner, and believe that any Questionable Content posted on the Site by third parties infringes on your copyrights, you may notify us by providing all the following information in writing:
(a) a physical or electronic signature of a Person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed and the month, day, year, city, state, province and/or country where it’s signed;
(b) identification of one or more URL locations where the original or an authorized copy of the copyrighted work exists;
(c) a description of the infringing activity and identification of the Questionable Content that is claimed to be infringing, the email address, Site, URL, WHOIS data, and any other information where the claimed infringement is taking place, reasonably sufficient to allow us to locate it;
(d) information reasonably sufficient to permit us to contact you, such as your name, mailing address, telephone number, and if available an email address;
(e) a statement that you have a good faith belief that use of the Questionable Content in the manner you complain of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that you swear under penalty of perjury that the information in your notification is accurate, and that you are either the owner of or authorized to act on behalf of the owner of, an exclusive copyright right that is allegedly infringed.
Our agent for notice of claims of copyright infringement can be reached as follows:
By Mail: Attn: DMCA Complaints
Primus PVX LLC
12400 Wilshire Blvd., Suite 400
Los Angeles, CA 90025
By Email: firstname.lastname@example.org with “DMCA Complaint” in the subject line.
If you fail to comply with all of the requirements above, your notice may not be valid.
A notice to us of alleged infringement of any other type of intellectual property such as but not limited to, a trademark or patent, should be done as above.
25.2 Counter Notices. If Material you’ve posted on the Site has been taken down, you may file a counter-notification only by regular mail or Delivery Service, by providing all the information below in writing. You may want to seek legal counsel prior to doing so. Please include the following details:
(a) identification of the specific content that was removed or disabled and the location that content appeared on the Site. Please provide the URL address if possible;
(b) your name, mailing address, telephone number, and email address;
(c) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which we may have a physical presence, and that you will accept service of process from the party who reported your content, or that party’s agent; and
(d) the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification.”
You must also physically sign the counter notification and send it to the address in subparagraph 25.1 (f) above.
OR you may fax it to: (310) 734-1658, Attn: DMCA Complaints. For any additional questions regarding the DMCA process for, please contact us at +1 (866) 789-6626.
29.0 User Service. For quick answers to your questions or ways to contact us, or want to contact us for any reason not provided for above, visit our User Support Center, or you can write to us at the address in paragraph 26.0 above.
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