Terms of Use

Date of last revision: June 4, 2025

The following Terms of Use ("Terms”) are between You (“You”, “Your”) and the provider (“Property Focus”, “We", “Our", and "Us") of “www.propertyfocus.com” (the “Website”) and the Property Focus membership program (the “Program”). The Website and the Program (including the services made available through the Program), are collectively referred to herein as the “Program”.  These Terms cover both visitors to Our Website, as well as individuals who enroll as Members to our Program (“Member”).  

THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.  PLEASE REVIEW THE “BINDING ARBITRATION AND CLASS ACTION WAIVER” SECTION CAREFULLY, AS IT INCLUDES INFORMATION ON HOW TO OPT OUT OF ARBITRATION. BY ENTERING INTO THESE TERMS, YOU EXPRESSLY AGREE THAT EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, ANY DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

UPON ACCESSING THIS WEBSITE AND/OR  UPON YOUR ENROLLMENT TO THE PROGRAM, YOU AGREE TO THESE TERMS AND CONDITIONS. WE URGE YOU TO READ THIS AGREEMENT CAREFULLY AND, IF YOU HAVE ANY QUESTIONS, CALL OUR MEMBER SERVICE REPRESENTATIVES AT THE NUMBER IN YOUR MEMBERSHIP MATERIALS OR ON THE PROGRAM WEBSITE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT ACCESS OR USE THE WEBSITE OR PROGRAM.

Your membership is non-transferable. You agree that only You and Your Immediate Family may use the membership. "Immediate Family" means You, Your spouse or partner living in Your home. The Program and the services made available through the Program are not for resale or transfer. You will promptly notify Us if You become aware of any unauthorized use of Your membership (where applicable).

We reserve the right to terminate Your account with or without cause at any time and for any reason. You agree that any termination of Your access to the Program may be affected without prior notice. Once Your account has been terminated for any reason, You will have no further right or access to use the Program.

You are granted a non-exclusive, non-transferable, and revocable limited license to access and use the Website. Members are granted the additional non-exclusive, non-transferable, and revocable limited license to access and use certain other services made available through the Program, in accordance with these Terms for individual, personal use. You acknowledge and agree that Property Focus may terminate this license at any time for any reason, but especially in the event that You fail to observe the permissible uses of the Website, as further set forth below.

As a condition to Your access to the Website and the Program, and without limiting the generality of the foregoing, You agree that, unless otherwise expressly authorized by these Terms or in writing by Property Focus, You will not:

1. Use the Program or any information obtained from or through the Program (including but not limited to any information about any individual who is the subject of your search (“Search Subject”) for purposes prohibited by FCRA;

Because Property Focus is not a Consumer Reporting Agency, You are prohibited by FCRA from using any information obtained from the Program as a factor in determining eligibility for:

• employment, including, but not limited to, when evaluating for initial employment, reassignment, promotion or retention (including, but not limited to, household workers such as babysitters, cleaning personnel, nannies, contractors and domestic workers);
• tenancy, including, but not limited to, deciding whether to lease a residential or commercial space;
• educational admission or benefits, including, but not limited to, assessing subject’s qualifications for an educational program or scholarship;
• personal credit, loans or insurance, including, but not limited to, assessing the risk associated with providing credit, a loan or insurance based on a subject’s existing debt obligations; and
• business transactions initiated by an individual consumer, including, but not limited to, determining whether a subject continues to meet the terms of a personal customer account.

Using information from Property Focus in these ways violates both these Terms and the law and can lead to possible criminal penalties. We take this very seriously and reserve the right to terminate Your access, terminate Member accounts and report violators to law enforcement as appropriate. If You are not sure whether Your desired use of information obtained from Property Focus complies with these restrictions, please contact Us at [email protected] before conducting any searches or otherwise obtaining information about a Search Subject from Property Focus.

2. Access, retrieve any data from, or otherwise perform any other activities on or through the Website using any type of software or other automated process (e.g., scripts, robots, scrapers, crawlers or spiders);
3. Use the Website (a) in violation of any applicable foreign or domestic laws, statutes, rules, regulations or judicial decrees; (b) in a manner that does or is intended to cause emotional or physical harm to, discriminate against, doxing of any kind, stalking or otherwise acting to harass, mass-market, robo-dial or SPAM any other person (and please be advised that phone numbers and addresses provided on Search Subjects may be protected and restricted via do-not-call, unsubscribe or other telemarketing activity registries and contact restrictions; (c) to seek information about or harm minors in any way; (d) to seek information about celebrities or public figures; (e) to produce or distribute any libelous, obscene or indecent material; (f) to infringe upon the legal or proprietary rights of any third parties (including, but not limited to, copyright, patent, trademark, trade secret, and other proprietary rights, publicity rights and/or privacy rights); or (g) post, publish or transmit any text, comments and/or other material that (i) is defamatory; (ii) is obscene, pornographic or offensive; (iii) invades another's privacy; (iv) is false or misleading; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another's rights, including any intellectual property rights; (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability; (viii) accesses, tampers with, or otherwise uses non-public areas of the Website; (ix) is in connection with sending unsolicited email, junk mail, "spam" or chain letters, promotions or advertisements for products or services or altered, deceptive or false source-identifying information; and/or (x) impersonates or misrepresents Your affiliation with any person or entity;
4. Distribute, transmit in any way to any other computer, website or other medium or end-user, or otherwise provide any of Our services available through the Website or Program or other material posted to or made available by or through the Website or Program;
5. Directly or indirectly download, reproduce, create, compile or incorporate any part of the Website or Program into any database, collection, compilation, directory or information retrieval system, electronic or otherwise;
6. Access the Website or Program through any automated or manual process for the purpose of mass marketing, spam, direct mail or monitoring the Website’s performance, functionality, vulnerability or availability for any commercial purpose or with tampering or destructive intent;
7. Access, retrieve any data from, or otherwise perform any other activities on or through the Website or Program using any type of software or other automated process (e.g., scripts, robots, scrapers, crawlers or spiders);
8. Create any "derivative works" by altering any aspect of the Website, Program,  or the materials located therein;
9. Use the Website or Program in conjunction with any other third-party content;
10. Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or the Program or the access of any user, host, network or platform, or to bypass, disable or block any portion of the Website or the Program, associated software, server or computer system or breach any security or authentication measures associated therewith;
11. Take any action that, as determined in Our sole discretion, imposes an unreasonable or disproportionately large load on the Website or the Program’s infrastructure, and/or requests or downloads an inordinate volume of reports indicative of a prohibited use case;
12. Forge any instructions coming from Your computer or otherwise obfuscate the name or location of Your computer or IP address, such as via a Virtual Private Network, in order to disguise the origin of any communication You transmit to or through the Website;
13.  Cover or otherwise obfuscate any advertisement located on the Website;
14. Simulate the appearance or function of the Website or Program on another website, such as through "framing" or "mirroring";
15. Use the Website or Program via multiple sessions concurrently, permit others to use Your account or otherwise grant access to others;
16.  Attempt to, or in any fashion, use Our Website or Program for unsolicited contact;
17. Use the Website or Program for governmental, collections, marketing, lead-list generating, advertising or broker/reseller services purposes or for any purpose other than personal purposes; or
18. Access the Website or Program from, or seek information on persons residing, outside the United States.

Above and beyond each of the foregoing, any unauthorized use (or attempt to use) of the Website or Program may result in criminal and civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. We must reserve the unqualified right to view, monitor and record activity on the WebsSite or Program as needed, without any notice to or permission from You. Any information obtained thereby remains subject to review by law enforcement organizations in Our sole discretion. We also comply with all legally binding requests for such information including, without limitation, the provision of information pursuant to a court order/subpoena. In addition, We reserve the right at any time and without advance notice to modify, suspend, terminate or temporarily interrupt operation of or access to the Website or Program, or any portion thereof.

Certain features of this Website are available only to Our Members ("Member Services"). If You wish to use the Website's Member Services or otherwise purchase any product or service through the Website, You will be presented with the applicable fees and billing arrangement prior to Your purchase, which include the charging of fees to a payment card on a recurring basis. You agree to pay, using a valid credit card or debit card, the applicable membership fee, and all other monthly subscription charges set forth on the Website, in order to access the Member Services. With the exception of promotional offers, all  Property Focus memberships are for a 30-day period (“Standard Membership”). 

You agree not to assign, transfer or sublicense Your rights as a Member to the Member Services. You also agree to be financially responsible for all usage or activity on Your Member account.

For Our Standard Membership (Monthly Subscription): You will be billed the applicable Property Focus membership fee immediately upon registration. If You do not cancel, You will be billed the same amount exactly thirty (30) days from the date and time You originally registered. YOUR ACCOUNT WILL CONTINUE TO BE BILLED FOR THE APPLICABLE MEMBERSHIP FEE ON A MONTHLY BASIS UNTIL CANCELED. More information on how to cancel is detailed in “Our Cancellation Policy” below.

All orders are subject to applicable taxes. In addition to the applicable membership fees, depending upon the state in which You reside, either You, or We on Your behalf, are responsible for paying any and all applicable sales or use tax due to any and all taxing authorities arising from, or in connection with, Your use of the Website and/or Program. You authorize us to take all appropriate measures to comply with any and all applicable laws and statutes in connection with the foregoing.

The agreed upon membership fee and any applicable taxes will be automatically billed to Your credit card (or debited from Your checking account, if You authorized that option) every month, as set forth above, until You cancel. You authorize Us to charge your card accordingly. We do not accept payment via check, cash or money order. If You pay by credit or debit card we may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill Your card at the time of purchase or shortly thereafter. If You cancel a transaction before completion, that pre-approval may result in Your funds not otherwise being immediately available. If You pay by debit card and your payment results in an overdraft or other fee from Your bank, You alone are responsible for that fee. As with any merchant, for Your protection, we may request additional information to authenticate the credit or debit card being used, and absent successful authentication, we may refuse to accept an order. In the event We cannot charge Your account, We reserve the right to continue trying to bill Your account or to terminate Your membership and access to the Member Services.

BY SUBMITTING PAYMENT, YOU REPRESENT AND WARRANT THAT YOU (A) ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND (B) HAVE THE LEGAL RIGHT TO USE THE PAYMENT MEANS SELECTED BY YOU. By supplying payment card information, You authorize Our use of such information in accordance with Our Privacy Policy, including, but not limited to, Our provision of such information to third parties for the purposes of payment processing. You understand and acknowledge that Property Focus uses a third-party payment processor to process credit card payments on Our behalf and consent to their use, storage, and processing of your personal information to process your payment. You agree that Property Focus is not responsible for the security of such information when it is in the control of the third-party payment processor.

Upon prior written notice to You (with e-mail constituting sufficient written notice), Property Focus reserves the right in its sole discretion to change its pricing and/or billing practices. If You do not agree with these changes, You are always free to cancel Your membership, but you recognize that You will remain responsible for timely payment of any and all fees that You have already incurred (including any applicable late fees). We will understand that Your continued use of Your membership following Our providing notice of any change constitutes and means that You consent to any and all such changes and by not terminating Your account within seven (7) days after delivery of such notice, You formally agree to comply with, and be bound by, such new pricing or billing practices. 

If You believe Your credit card or other payment method might have been used in a fraudulent manner to purchase a Property Focus Report, You agree to notify Our customer service department as soon as possible, so that we may take action to prevent financial loss. To the fullest extent permitted by law, You waive all claims against Us related to payments unless You submit the claim to us within 30 days after the charge. You are responsible for and agree to reimburse Us for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by Us (including costs and related expenses) that were caused by or arising out of payments that You authorized or accepted. In the event You dispute or otherwise challenge Our performance hereunder and request a chargeback or otherwise dispute a charge with the issuer of Your credit/debit card utilized to make payment hereunder, or the credit/debit card issuer authorized by you for Us to charge payment hereunder, You shall immediately pay by cashier’s check or money order to Us a sum equal to Your balance as shown on Our books. Payment of this sum by You is a condition precedent to Your ability to institute any such action in law, equity or otherwise arising out of or relating to this Agreement.

You specifically acknowledge and agree that Your failure to use the Website and Program does not constitute a basis for refusing to pay membership  fees. 

If You fail to make any scheduled payment for accrued fees, such overdue amounts may be subject to interest charges in the amount of the lesser of one and one-half percent (1.5%) per month, compounded monthly, or the maximum amount permitted by law. Your account may be deactivated, and access to the Program denied, for non-payment.

Additionally, You acknowledge and agree that We may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason (e.g., orders we suspect to be fraudulent, associated with fraudulent activity, previously fraudulent order history or previous credit card disputes), and without liability to You or anyone else. As occurs with other online merchants, intentional credit/debit card reversals and chargebacks are frequently indicators of possible fraudulent use and/or theft of Our services and We may treat them as such. We reserve the right to investigate further and file complaints with the appropriate local and federal authorities. Please be advised that We regularly monitor all internet protocol address information and other user activity and that this information may be used in a civil and/or criminal case against any customer, especially in instances of possible theft or fraudulent behavior. If Your payment card or payment method has already been charged for an order that we subsequently cancel, We will issue You a refund as applicable. If You have any questions in this regard, please feel free to contact our customer service department toll-free at 1-800-310-4347.

Any applicable promotional prices or discounts will be identified at the time of the purchase of Your order on the checkout page. In certain instances, We may offer a 7-Day trial membership (“7-Day Trial Membership”) to first-time or other selected Members. For Our 7-Day Trial Membership (Monthly Subscription): You will be charged for the advertised 7-Day Trial Membership fee and will have full access to the Program for a limited 7 day period (the “Trial Period”). If You do not cancel during the Trial Period, You will be billed the applicable Property Focus membership fee exactly 7-days from the date and time that You registered for the 7-Day Trial Membership. For example, if You signed up for the trial on January 1 at 2PM, You would be billed for the first month of service on January 8 at 2PM. You agree that any reduced price for the 7-Day Trial Membership is only valid for the Trial Period, and that the applicable membership fee for the Property Focus Standard Membership will be charged to Your payment source following the end of the promotional period. YOUR ACCOUNT WILL CONTINUE TO BE BILLED FOR THE APPLICABLE MEMBERSHIP FEE ON A MONTHLY BASIS UNTIL CANCELED. More information on how to cancel is detailed in “Our Cancellation Policy” below

If You believe there may be an error in Your billing, We kindly request that You notify our Customer Support department at Your earliest convenience. Please email [email protected] and know that We are committed to addressing and resolving any issues!

You understand that to cancel Your membership you must either email us at [email protected], call Our member support department by calling 1-800-310-4347, or login and cancel online. Once You have confirmed Your desire to cancel, Your account is immediately canceled and You will receive a cancellation confirmation email. If You do not receive a cancellation confirmation email, Your account was not canceled.

We are committed to your complete satisfaction. If you are ever not satisfied with your membership and/or Services, please call one of our support representatives toll free at 1-800-310-4347 and we will work to resolve your issue. Refunds are handled on a case-by-case basis with the ultimate goal of customer satisfaction. Property Focus has the sole discretion in the decision to award a refund.

We are not a consumer reporting agency as defined in the Fair Credit Reporting Act ("FCRA"), and the information in the databases has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA. YOU SHALL NOT USE OUR SERVICES AS A FACTOR IN (1) ESTABLISHING AN INDIVIDUAL'S ELIGIBILITY FOR PERSONAL CREDIT OR INSURANCE OR ASSESSING RISKS ASSOCIATED WITH EXISTING CONSUMER CREDIT OBLIGATIONS, (2) EVALUATING AN INDIVIDUAL FOR EMPLOYMENT, PROMOTION, REASSIGNMENT OR RETENTION (INCLUDING BUT NOT LIMITED TO EMPLOYMENT OF HOUSEHOLD WORKERS SUCH AS BABYSITTERS, CLEANING PERSONNEL, NANNIES, CONTRACTORS, AND OTHER INDIVIDUALS), OR (3) ANY OTHER PERSONAL BUSINESS TRANSACTION WITH ANOTHER INDIVIDUAL (INCLUDING, BUT NOT LIMITED TO, LEASING AN APARTMENT).

If You are a customer or send an email to the Website or Us, or if You communicate with the Website, Facebook page, Twitter account, or by phone or mail, We will collect information about Your communication. By communicating with Us, You give Your permission to collect, archive, retrieve, and otherwise use any information collected as We see fit. Any communication which We, in Our sole discretion, deem to be a testimonial, may be publicized for commercial purposes.

All materials on the Website, including without limitation, text, images, software, databases, photos, video, text, graphics, music, sounds, and any other material featured in conjunction with  the Membership Services (collectively, the "Content") are owned or controlled by propertyfocus.com, its content suppliers and/or other content providers and is protected by the copyright, trademark, trade secrets, or other proprietary rights and laws of the United States a, and that these rights are valid and protect in all forms, media and technologies existing now or hereafter developed on the Website and the Program. The Program name and logo are Our service marks. All other service marks and trademarks appearing on the propertyfocus.com Website are the trademarks of their respective owners.You may not modify, publish, transmit, distribute, download, display, reproduce, participate in the transfer or sale, nor create derivative works from, or in any way exploit the Content, Website, Program, or any portion thereof for any public or commercial use without the prior written permission of propertyfocus.com.

You agree not to use any trademarks, service marks, names, logos, or other identifiers of propertyfocus.com, licensors, independent contractors, providers and affiliates (collectively, "Affiliates") without the prior written permission of propertyfocus.com or the relevant Affiliate.

You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Website is at Your sole risk. We do not guarantee the accuracy of any information displayed through the Website, including but not limited to that which is compiled through third party sources like local county, state, and federal records. We reserve the right, in Our sole discretion and without notice, to correct any errors or omissions in any portion of the Website, or to deny access to the Website to anyone at any time. Prior to purchasing any third party products or services described on the Website, You are advised to verify pricing and other information. Neither propertyfocus.com nor its Affiliates shall have any liability arising from Your purchases of third party goods or services based upon the information provided on the Website.

In connection with Your use of the Website and/or membership in the Programs, you will be submitting Your personal information to Us, or allowing Us to access Your personal information, including account passwords, user names, financial account information and other personal information, as well as other data, materials and content You submit ("Your Information"). BY SUBMITTING YOUR ORDER, ACCESSING OR USING THE WEBSITE OR PROGRAM,YOU ARE ACKNOWLEDGING THAT YOU HAVE READ OUR PRIVACY POLICY AND AGREE TO BE BOUND BY IT. Subject to Our Privacy Policy, You agree that we may use, copy, modify, display and distribute Your Information as We see fit to provide the Website and Program. You represent that You have the right to give us Your Information and authorize its use as described above.

The Website may contain links to other sites on the Internet, which may be maintained by third parties. Such links do not constitute an endorsement by propertyfocus.com or its Affiliates of any third-party site or any materials contained therein. propertyfocus.com and its Affiliates do not control, and are not responsible for, the availability, accuracy, materials, and/or privacy policy of such third-party sites or any information, content, products or services accessible from such third-party sites.

You represent and warrant to Us that You are at least eighteen (18) years old and that You possess the legal right and ability to enter into this Agreement and to use the Website in accordance with this Agreement.

We may offer or provide You access to products, services or websites provided by third parties, including but not limited to promotional or incentive offers, or free services provided by third parties and websites that hyperlink to Our Website. Property Focus does not control or bear any responsibility for those websites or third parties, including but not limited to their products or services or use by them of personal information You may provide them.

You hereby agree to indemnify, defend and hold harmless propertyfocus.com and its Affiliates from and against any and all liability and costs incurred by propertyfocus.com or its Affiliates in connection with any claim arising out of any breach or alleged breach of any of Your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and You shall not in any event settle any matter without the written consent of propertyfocus.com.

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE WEBSITE AND PROGRAM (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MEMBER SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, propertyfocus.com AND ITS AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY propertyfocus.com. propertyfocus.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR THE PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE, PROGRAM, OR MEMBER SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE WEBSITE AND PROGRAM, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE WEBSITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

USE OF THE WEBSITE AND PROGRAM IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE WEBSITE AND PROGRAM. UNDER NO CIRCUMSTANCES SHALL propertyfocus.com OR ITS AFFILIATES, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR propertyfocus.com OR ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR PROGRAM SERVICES, EVEN IF propertyfocus.com, ITS AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF propertyfocus.com AND ITS AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE MEMBER SERVICES. YOU HEREBY RELEASE propertyfocus.com AND ITS AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

(a) To the Agreement: propertyfocus.com has the right to modify this Agreement and any policies affecting the Website. Any modification is effective immediately upon posting to the Website or distribution via electronic mail or conventional mail. Your continued use of the Website following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of propertyfocus.com in providing the Website, including without limitation (i) any change in the Content, or (ii) any change in the amount or type of fees associated with the Member Services, is to cancel Your membership.

(b) To the Site and Program: propertyfocus.com has the right to modify, suspend or discontinue the Website, Program, or any portion thereof at any time, including the availability of any area of the Website and/or Program, including without limitation the Member Services. We may also impose limits on certain features and services or restrict Your access to parts or all of theWebsite and/or Program without notice or liability.

We grant You a non-exclusive, non-transferable, limited right to access, use the Website and the materials provided hereon, provided that You comply fully with this Agreement. The contents of the Website are only for Your personal, noncommercial use. You agree not to interrupt, or attempt to interrupt, the operation of the Website in any way.

You acknowledge that the Privacy Policy is part of Our Terms, and by accessing or using Our Website, You agree to be bound by all of its terms and conditions. If You do not agree to these terms, please do not access or use the Website. You acknowledge and agree that it is Your responsibility to review the Website and the Privacy Policy periodically and to be aware of any modifications. Your use of the Website after such modifications will constitute Your acknowledgment of the modified terms; and agreement to abide and be bound by the modified terms.

This Agreement constitutes the entire agreement between You and propertyfocus.com with respect to the Website, Program and, if applicable, the Member Services and supersedes all prior agreements between You and propertyfocus.com. Failure by propertyfocus.com to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.

In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. This Agreement is between You and propertyfocus.com. If You do not wish to be bound by these Terms, You should not visit or use the Website or use the Program. We reserve the right to change these Terms from time to time at its sole discretion, without prior notice.

THIS AGREEMENT AND THE TERMS OF MEMBERSHIP SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT GIVING EFFECT TO THE CHOICE OF LAW PROVISIONS THEREOF.

PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. THE ARBITRATOR'S DECISION WILL GENERALLY BE FINAL AND BINDING. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES.

Any claim, dispute or controversy between You and Us (or made by or against anyone connected with You or Us, or claiming through You or Us) arising out of or relating to these Terms, or Your use of the Website or Program ("Claim"), including any Claims regarding applicability or validity of this arbitration provision, shall be resolved by binding arbitration administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures of JAMS.

Any Claim regarding the validity or enforceability of this arbitration provision shall be governed by the laws of the State of California, without giving effect to the choice of law provisions thereof. This arbitration provision is made pursuant to a transaction involving interstate commerce and, in all other respects, including the determination of any questions about whether Claims are within the scope of this arbitration provision and therefore subject to arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §1-16 ("FAA"), and shall be resolved by interpreting the arbitration provision in the broadest way the law will allow it to be construed.

All Claims are subject to arbitration, no matter what theory they are based on or what remedy they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other source of law. Claims made and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis. As an exception to arbitration, You and We retain the right to pursue in a small claims court located in the federal judicial district that includes Your billing address at the time of the Claim, any Claim that is within the court's jurisdiction and proceeds on an individual basis.

The arbitration shall be conducted before a single arbitrator, applying to the Claims the substantive laws of the state of California without giving effect to the choice of law provisions thereof. The arbitrator's authority is limited solely to the Claims between You and Us alone. The arbitration will not be consolidated with any other arbitration proceeding. You and We do not agree to any arbitration on a class action or representative basis, and the arbitrator shall not be authorized to treat any Claim on a class action or representative basis.

Any decision rendered will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction.

Arbitration rules and forms may be obtained from JAMS at www.jamsadr.com. Claims shall be filed in any JAMS location. Each party shall have the ability to participate through electronic means. 

This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive termination of Your membership as well as voluntary payment of the debt in full by You or any bankruptcy by You.

IF YOU DO NOT CHOOSE TO ACCEPT THIS BINDING ARBITRATION PROVISION, YOU MUST NOTIFY US IN WRITING BY REGISTERED MAIL AT ARBITRATION OPT-OUT, Property Focus Member Support - 548 Market Street #57458, San Francisco, CA, 94104, USA WITHIN TWENTY (20) DAYS AFTER RECEIPT OF THIS "TERMS OF USE AND AGREEMENT." IF YOU SO NOTIFY US BY THAT TIME THAT YOU DO NOT ACCEPT THE BINDING ARBITRATION PROVISION, YOU MAY CONTINUE TO BE A MEMBER FOR THE CURRENT MEMBERSHIP TERM UNLESS THE MEMBERSHIP IS OTHERWISE TERMINATED HEREUNDER. HOWEVER, IN THE EVENT YOUR MEMBERSHIP IS CONTINUED, WE SHALL HAVE THE RIGHT NOT TO RENEW YOUR MEMBERSHIP AT THE END OF THE MEMBERSHIP TERM (OR TWELFTH MONTH ANNIVERSARY DATE FOR MEMBERSHIPS UNDER THE MONTHLY PAYMENT PLAN).

This Program is available in 50 states and territories, including Puerto Rico, Guam, and the Virgin Islands. Orders to U.S. military post offices cannot be fulfilled. We control and operate this Website from our offices in the United States of America. We do not represent that the Website or the materials on the Website or Program are appropriate or available for use in other locations. Persons who choose to access this Website and the Program from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent such local laws are applicable.

You consent to receive communications from Us about Your membership electronically, either by e-mail or by notices posted on the Website, as determined by Us in Our sole discretion. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to You by Us in writing is satisfied by such electronic communication. You agree that We may send You e-mails which include notices about Your account as well as information pertaining to the Program and services, such as featured products/services or new offerings. You agree that this information is part of Your membership with Us. Subscribing to propertyfocus.com indicates Your agreement to these Terms.