Terms of Use

 Introduction

Propy, Inc., is a Delaware corporation that promotes the sale and purchase of real estate. Propy refers to this Web site as the “Propy Website™.” Any person accessing or using the Propy Website is referred to as “you”.

  Acceptance of Terms

By accessing or using any part of the Propy Website or the services provided on it, you agree to accept and comply with the terms, conditions, and notices stated herein and as may be modified by Propy from time-to-time without notice to you (the “Terms of Use”). These Terms of Use constitute a binding contract between Propy and you. You are responsible for regularly reviewing the Terms of Use. You can review the most current version of the Terms of Use at any time at propy.com/terms. If you do not wish to be bound by these Terms of Use, please do not access or use any part of the Propy Website.

Additional terms may govern use of certain Web sites or Web pages within the Propy Website. In the event that any provision, term or guideline contained on a particular Web page in the Propy Website conflicts with the Terms of Use, the terms of such Web page shall control over the Terms of Use except with respect to the General Terms set forth below, which shall at all times control.

  General Use of The Propy Website

  Unless specified otherwise, Propy offers you access to the Propy Website solely for your personal and non-commercial uses. You agree to access or use the Propy Website only for legal purposes that are permitted by the Terms of Use. Among other things, you agree not to do the following:

except with the express written permission of Propy, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other Web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Propy Website, including without limitation, engaging in the practices of “screen scraping” , “database scraping” , or any other activity with the purpose of obtaining lists of users or other information;

damage, disable, overburden, or impair the Propy Website or interfere with any other party’s use and enjoyment of the Propy Website;

obtain or attempt to obtain any materials or information through any means not made readily accessible by Propy through the Propy Website.

  Except with the express written permission of Propy, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Propy Website.

  Except with the express written permission of Propy, you agree that you will not create links from any Web site or Web page to any page within the Propy Website; provided however upon prior written notice to Propy at info@propy.com , you may create a link directly to the Propy Website home page. The origin of any link to the Propy Website home page must be accompanied by a clear and prominent attribution indicating that the link is connected to the Propy Website home page. By creating a link to the Propy Website, you agree that (a) you will not employ any technology that results in the placement of content from the Propy Website in a frame and/or a reduced pop-up window and/or any other display mechanism which changes appearance of the Propy Website from how it would appear if a user typed the URL in a typical browser line, (b) your site shall not display content or link to other web sites that contain content that is illegal, obscene, indecent, disparaging, discriminating or otherwise offensive, (c) you have duly registered your domain name and possess all rights necessary to use the same, and (d) you shall not in any manner access, collect, store, disclose, transfer or use any information obtained or derived from a user’s access to or use of the Propy Website. Propy reserves the right to revoke your permission to create such link at any time in its sole discretion and you agree to immediately cease using the link at any time that Propy so requests.

d.   You agree that Propy may in its sole discretion and at any time terminate your access to and use of the Propy Website, or any part thereof, with or without notice. You further agree that use of the Propy Website and any of its Services shall be immediately terminated if you violate these Terms of Use. In addition, Propy reserves the right, in its sole discretion, to modify or discontinue the Services or any portion thereof, with or without notice, and without liability to you.

e.   The Services provided through the Propy Website may also be located on third party Web sites or applications, via a link, click-through advertising, or otherwise. Nothing contained in any of these Services is an offer or promise by Propy to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, Propy does not make any representation or warranty with respect to such third party Services, and is not responsible for their accuracy, sufficiency, veracity, completeness, or timeliness. You are responsible for confirming the sufficiency and reliability of any third party Services, and you hereby release Propy from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such Services. Further, please note that certain of the interactive Services may be financial or mortgage tools that provide information and customized information based on user-inputted data. These tools are for the purpose of performing calculations, and are not an offer to lend. Interest rates shown are for demonstration purposes only. Actual market interest rates may vary.

f.   You acknowledge that Propy is not a real estate broker, mortgage broker or mortgage lender, and Propy does not aid or assist borrowers in obtaining, solicit borrowers or lenders for, negotiate or make loans secured by liens on real property.

g.   Please note that you may be subject to additional and/or different terms, conditions, and privacy policies when you use third party Services, Content (as defined below), software or sites.

4.   Content Contained in the Propy Website

a.   The Propy Website and all of its contents including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on the Propy Website (collectively, “Content”) is owned by Propy and/or third parties with all rights reserved unless otherwise noted. Propy grants you a limited license to access and use the Propy Website and Content solely for informational, personal and non-commercial purposes (including printing individual pages from the Propy Website provided that you retain all copyright and other proprietary notices contained thereon). You are strictly prohibited from downloading (other than page caching) modifying, or making any other use of the Propy Website or Content, except with express written consent of Propy. You understand that all third party Content posted on, transmitted through, or linked from the Propy Website, is the sole responsibility of the third party originator of such Content. Content is provided through the Propy Website AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall Propy be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services.

b.   You acknowledge that Propy does not screen or approve third-party Content, and that Propy shall have the right (but not the obligation) in its sole discretion to refuse, modify, delete or Propy any Content that is available via the Propy Website, for any reason.

5.   Content You Provide

To the extent that you post, upload, input, submit or otherwise transmit (collectively, “Transmit” or “Transmitting” as appropriate) Content on or through the Propy Website, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via the Propy Website. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others’ interests in such Content to Propy as provided below.

6.   Restrictions

a.   You promise that you will not use the Propy Website to T ransmit any Content : 

•    not related to appropriate subject matters;

•    which is misleading to others, including consumers;

•    that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

•    that you do not have a right to post and transmit under any law or under contractual relationships;

•    such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;

•    and materials that contain 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; or

b.   intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.

c.   By Transmitting Content to the Propy Website, you grant, and you represent and warrant that you have the right to grant, to Propy an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses of the foregoing. Furthermore, by posting Content to any public area of the Propy Website, you grant Propy all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Propy Website by any party for any purpose.

d.   Propy is committed to maintaining the privacy and security of any and all such information that you provide to Propy through the Propy Website in accordance with its Privacy Policy. Please click here to review the Propy Privacy Policy.

7.   Mortgage-Related Disclosure

a.   This disclosure statement pertains to the conduct of Propy, including services Propy provides, in connection with the mortgage loan industry and websites and mobile applications operated by Propy.

b.   Propy does not confirm, and does not make or give any guarantee regarding : 

(i)    any information in any request for, or in any request to be contacted about, a quote, pre-qualification, pre-approval, loan commitment, loan or loan-related document, nor

(ii)     any information about any consumer, potential borrower or other person who submits or is the subject of an Inquiry, nor

(iii)     any information about, or in any rating of or feedback about, any advertiser, lender, broker or mortgage or loan professional

c.   Propy does not guarantee any information provided by any borrower, any specific loan terms and conditions offered by an advertiser, lender, broker or mortgage professional, or that any person will be offered or able to obtain any particular rates, loan, loan application, quote, pre-qualification, pre-approval, loan commitment or loan-related transaction.

d.   Propy is not a lender, mortgage broker, loan originator, loan processor or underwriter. Propy does not aid or assist in obtaining loans or loan applications, nor in setting or negotiating any terms thereof, nor in making loan or loan application decisions.

e.   Propy does not offer loans and does not solicit or participate in the solicitation of loans or loan applications.

f.   Propy does not take applications for loans or credit nor issue or participate in the issuance of pre-qualifications or pre-approvals.

g.   Any request for, inquiry about or agreement to receive or be contacted about loans, loan applications, quotes, pre-qualifications, pre-approvals, loan commitments or loan-related transactions by any consumer or person (e.g., by way of advertisements on websites or mobile apps operated by Propy) is not, and will not be responded to by Propy as, an order, application, offer or transaction for any credit, loan, loan application, quote, pre-qualification, pre-approval, loan commitment or loan-related transaction or other loan or credit product.

h.   Propy does not endorse or recommend any lender, any borrower nor any of the products, rates or offerings of any lender, broker or mortgage professional.

i.   Nothing contained in any mortgage-related ad or other ad is an offer to provide, or a solicitation for, any loan, loan application, quote, pre-qualification, pre-approval, loan commitment or loan-related transaction.

j.   Propy is not an agent of any consumer or borrower nor of any advertiser, lender, broker or mortgage or loan professional.

k.   Propy sometimes may provide advertising services, services to facilitate contact when consumers wish to be contacted by lenders, mortgage brokers or other loan professionals and/or other like services relating to use of the website or mobile app Propy operates.

l.   Decisions regarding loans, loan applications, quotes, pre-qualifications, pre-approvals, loan commitments or loan-related transactions are not made by Propy but are made by lenders, brokers or other loan professionals which might include participating advertisers of Propy.

m.   Propy does not make or give any guarantee regarding, and assumes no responsibility for, any such decisions, nor any acts or omissions of lenders, brokers or other loan professionals, nor any result or consequence (direct or indirect) of any business transaction (actual, proposed or discussed) or related communications between lenders, brokers or other loan professionals and any other person, nor any rates, information or other content on or accessible through any website or app that did not originate solely from Propy.

n.   The foregoing disclosures reflect Propy’s good faith conclusions regarding the subject matter of such disclosures, and Propy takes no responsibility for, and shall have no liability as a result of or in connection with, any assertions, findings or conclusions that might be made, adjudicated, established or otherwise reached by anyone other than Propy, nor any actual or alleged inaccuracy of or other fault with any such disclosures.

8.   Brokers, Agents and SROs

a. Any real estate broker or agent, or anyone without an agent selling property for his own account (the “Agent”) using this website, is bound by these Terms of Use.  The Agent is obliged to fulfill its Agent Profile on Propy’s Platform. The Agent represents and warrants to Propy that the Agent has full legal power and authority, including all required licenses, permits, and other governmental approvals, to enter into this Agreement and to perform the services required under this Agreement.

b. Propy will list Agents real estate listings on its Platform. Each listing is uploaded on the Platform manually by the Agent.

c. Propy will use its commercially reasonable efforts to advertise the Agent’s Listings in international search engines and social media.

d. The Agent shall send written notice to the Provider for the following sale transactions: 1. Receiving a deposit payment, 2. Signing property purchase agreement.

e. The Agent and the Purchaser shall indemnify, save, defend, keep and hold harmless Propy from any and all loss, damage, cost, charge, liability, cost of litigation, or other expense, including without limitation attorneys fees and court costs, arising out of its obligations and duties, including but not limited to (i) disputes arising or concerning amounts of money to be paid, (ii) funds available for such payments, (iii) 2 persons to whom payments should be made or (iv) any delay in the electronic wire transfer of funds, as the Provider, unless the Providers actions constitute gross negligence or willful misconduct.

f. License. Solely to enable this site to use the information with which you supply us, and so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in your information, in any media now known or not currently known, with respect to your information.

g.          Privacy. Please see Your Privacy Rights on the Propy web site which is incorporated herein by reference.

9.   General Terms

a.   Applicable Law.   This Terms of Use is governed by the laws of the State of California, U.S.A. without regard to conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of courts sitting in California, County of Santa Clara and/or Northern District of California in all disputes arising out of or relating to accessing or using of the Propy Website. Access or use of the Propy Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

b.   You agree that no joint venture, partnership, employment, or agency relationship exists between you and Propy as a result of the Terms of Use or accessing or using the Propy Website. Propy’s performance under the Terms of Use is subject to existing laws and legal process, and nothing contained in the Terms of Use is in derogation of Propy’s right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the Propy Website or information provided to or gathered by Propy with respect to such use.

c. Breach. Without limiting any of our other remedies, we may immediately remove your property marketings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

d.   Interpretation of the Terms of Use.   If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. Unless otherwise specified herein (or in any other definitive written agreement between you and Propy), the Terms of Use constitutes the entire agreement between you and Propy with respect to the Propy Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Propy with respect to the Propy Website. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

e.          Legal Compliance. You shall comply with all applicable local, state, federal and international laws, statutes, ordinances and regulations regarding your use of Propy and your deposit, solicitation of offers to purchase, and purchase of property.

10.   Disclaimer of Warranties

You Expressly Understand and Agree That: Your Use of and Reliance upon Any and All of the Propy Website, Services And/or Content Is at Your Sole Risk and Is Made Available on an “As Is” and “As Available” Basis. Propy Makes No Express or Implied Representations, Warranties, or Guarantees with Regard to the Appropriateness, Accuracy, Sufficiency, Correctness, Veracity, Value, Completeness, or Timeliness of the Propy Website, Services And/or Content. Propy Expressly Disclaims All Warranties of Any Kind, Whether Express or Implied, Including, but Not Limited to the Implied Warranties of Merchantability, Fitness for a Particular Purpose and Non-infringement. 

Indemnification

You Agree to Indemnify and Hold Propy, its Third-party Vendors, Corporate Affiliates, Directors, Officers, Employees and Agents Harmless from Any and All Claims and Demands, Including, but Not Limited to Reasonable Attorneys’ Fees, Made by Any Third-party Due to or Arising out of Any Content, Submitted, Posted, or Otherwise Provided by You to the Propy Website And/or Propy And/or its Third Party Advertisers and Any Breach by You or Your Affiliates, Employees, Agents and Representatives of These Terms of Use. 

Limitation of Liability

In No Event Shall Propy Be Liable for Any Direct, Indirect, Punitive, Incidental, Special, Consequential Damages or Any Damages Whatsoever Including, Without Limitation, Damages for Loss of Use, Data or Profits, Arising out of or in Any Way Connected with the Use or Performance of the Propy Website, with the Delay or Inability to Access or Use the Propy Website or Related Services, the Provision of or Failure to Provide Services, or for Any Content, Software, Products and Services Made Available or Obtained Through the Propy Website, or Otherwise Arising out of the Use of the Propy Website, Whether Based on Contract, Tort, Negligence, Strict Liability or Otherwise, Even If Propy Has Been Advised of the Possibility of Damages. Any Services or Content Made Available or Obtained Through the Use of the Propy Website, and All Other Use of the Propy Website, Is Done at Your Own Discretion and Risk and You Will Be Solely Responsible for Any Damage to Your Computer System or Loss of Data That Results Therefrom. 

If you are dissatisfied with any portion of the propy website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the propy website. 

Class Action Waiver

Any Dispute Resolution Proceedings Will Be Conducted Only on an Individual Basis and Not in a Class or Representative Action, or as a Named or Unnamed Member in a Class, Consolidated, Representative or Private Attorney General Legal Action. Your Access and Continued Use of Propy Signifies Your Explicit Consent to this Waiver .

Copyright

All materials on the Propy Website (as well as the organization and layout of the Propy Website) are owned and copyrighted or licensed by Propy, its corporate affiliates or its third-party vendors. © Propy, Inc. 2019, all rights reserved. No reproduction, distribution, or transmission of the copyrighted materials on the Propy Website is permitted without the written permission of Propy. Any rights not expressly granted herein are reserved.

Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement should be sent to Propy’s Designated Agent set forth below. All inquiries must be filed in accordance with Title 17, United States Code, Section 512.

IP Administrator

PROPY, INC.

725 Alma str,

Palo Alto CA 94301-2403

info@propy.com

Effective April 1, 2018