Terms and conditions

PROPERTY ANALYTICS 

-TERMS & CONDITIONS-

These Website Terms of Use (“Terms of Use”) are applicable to the websites of Property Analytics, and its affiliates and subsidiaries (collectively, “we”, “us”, “our”, www.propertyacs.com or the Company) and any other website where these Terms of Use are posted (“Websites”).

By accessing or using the Services, you are agreeing to these Terms of Use and entering into a legally binding agreement with Property Analytics, INC its agents, its subsidiaries, its affiliates, its successors, and assigns. If you do not agree to the terms and conditions as stated below, you may not use our services or create an account.

1. PROPERTY ANALYTICS IS A MARKET PLACE THAT BRINGS BUYERS AND SELLERS OF PROPERTY TOGETHER

The Parties agree that Property Analytics is a third-party marketplace that posts properties on its website that are prepped to be auctioned off through the course and scope of Foreclosure Sale, Traditional Sale, Probate Auction, or Court Ordered Sale. Property Analytics, Inc., matches the sellers and buyers through its auction process for the common goal of optimizing the deal between the parties to the deal. Notwithstanding the above-stated disclosure, Property Analytics, Inc., owes no duty of loyalty to either party as the services that it provides is neutral and detached in nature.

2. ELIGIBILITYANDREGISTRATION

Living Trust

If you are acting on behalf of the Living Trust, you will need to submit the following documents:

• Declaration of Trust
• Copy of Living Trust
• Any Amendments/Revocations (if applicable)
• Federal Tax ID (if applicable)

Limited Non-Exclusive License

The Services are owned exclusively by Property Analytics The Parties agree, however, that each eligible individual shall be granted a limited, non-exclusive, non-transferable license to access and use the Services only as expressly permitted in the Terms of Use. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms of Use. Any violation by you of these license provisions may result in the immediate termination of your right to use the Services.

Property Analytics further reserves its right to pursue any and all legal and equitable remedies against the individual so as to curtail the continued inappropriate use of Services. The Parties also agree that should Property Analytics be forced to seek intervention of the Courts, Property Analytics shall be entitled to reasonable attorneys fees and costs.

4. ADDITIONALSERVICERULES

The parties further agree that the eligible individual shall refrain from performing the following acts through the course and scope of services used:

• Violates these Terms of Use;
• Scrape, monitor, or copy any part of the Services in an automated way, using any robot, scraper, or other method of access other than manually accessing the publicly-available portions of the Services; 
• Violates the restrictions in any robot exclusion headers of the Services, or bypasses or circumvents other measures to prevent or limit access to the Services;
• Creates any derivative works from the Services;
• Competes with our business or perform any acts to impact our revenue;
• Impair our computer systems or transmit software viruses, worms, or other harmful files;
• Interfere with any other party’s use and enjoyment of the Services;
• Attempts to gain unauthorized access to the Services;
• Uses any part of the Services in unsolicited mailings or spam material;
• Violates any third party’s rights, including copyright, trademark, privacy rights, or any other intellectual property or proprietary rights;
• Threatens, stalks, harms, or harasses others, misleads or deceives others, promotes bigotry or discrimination, defames others, or is otherwise objectionable; solicits personal information, promotes illegal substances, or submits or transmits pornography; or
• Violates any laws.

Property Analytics further reserves its right to pursue any and all legal and equitable remedies against the individual so as to curtail the continued inappropriate use of Services. The Parties also agree that should Property Analytics be forced to seek intervention of the Courts, Property Analytics shall be entitled to reasonable attorneys fees and costs.

Termination or Stoppage of Uses

You can stop using the Services at any time and for any reason.

Without prior notice, Property Analytics may revoke your registration, suspend your ability to use certain parts of the Services, and/or terminate your access to the Services at any time in our discretion. We may also modify, suspend, or discontinue the Services.

If you breach or threaten to breach any provision of these Terms of Use, in addition to terminating your right to use the Services, Property Analytics shall be entitled to seek injunctive relief to enforce the provisions hereof. Property Analytics further reserves its right to pursue any and all legal and equitable remedies against the individual so as to curtail the continued inappropriate use of Services. The Parties also agree that should Property Analytics be forced to seek intervention of the Courts, Property Analytics shall be entitled to reasonable attorneys fees and costs.

In order to protect the Services, Property Analytics reserves the right at any time to block users from certain IP addresses from accessing and using the Services. We may also request that you stop accessing or permanently destroy certain content or information available through the Services.

5. CONTENTANDSUBMISSIONS

The parties hereby agree that Property Analytics shall have the sole authority to post content on its platform, website, and other surrogates will post, publish, transmit, upload, distribute or otherwise make available or submit to or through the Services. The seller hereby warrants that any and all content that is published, transmitted, uploaded, distributed or otherwise made available or submitted to or through the Services is truthful and accurate. The parties further acknowledge that once published, such above described submission cannot be withdrawn, without express written consent of Foreclosure Insight U.S.A. It is further agreed upon by the parties that Foreclosure Insight U.S.A., its subsidiaries, its agents, and assigns are granted a nonexclusive, transferrable, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display any Submissions throughout the world in any form.

The parties further agree that the seller warrants that any content that Property Analytics is permitted to post will not violate the Terms of Use or cause injury to any other person or entity. Property Analytics takes no responsibility and assumes no liability for any material, content, opinion, recommendation, or advice provided through the course and scope of Submissions. Property Analytics has no obligation to post any of Submissions, and reserve the right to post its own versions of that content (including, but not limited to, photos of properties or property descriptions) within its sole discretion.

The parties further agree that Property Analytics is assigned the right to pursue enforcement of copyright and other intellectual property claims against third parties that have, without authorization, and in violation of the Terms of Use, scraped, copied, or distributed content from above-stated Submissions and for which the seller has not granted such third parties a separate license to use.

WARNING –
Please review our Privacy Statement prior to making any Submissions. If you do not agree with our Privacy Statement, you may not make any Submissions.

In addition to complying with the rules specified in these Terms of Use, you agree to comply with the following rules when making any Submissions. This list is not meant to be exhaustive, and we reserve the right to determine what types of conduct we consider to be inappropriate use of the Services. In the case of inappropriate use, we may take such measures as we determine appropriate, in our sole discretion. By way of example, and not as limitation, you agree to abide by the following rules when making any Submissions:

• You will remain polite and civil to other users, even if you disagree with content that you come across through your use of the Services;
• Your Submissions will not be off topic or contain promotions of or solicitations for other products, services or fundraising activities;
• Your Submissions will not infringe or violate our rights or the rights of a third party;
• You will not impersonate anyone else, misrepresent your identity or affiliation, or make Submissions from fake or anonymous profiles;
• You agree that we are not liable for Submissions made by you or others;
• You agree that we have the right to remove or edit any content and any Submissions in our sole discretion;
• Your Submissions will not consist of any inappropriate content, including without limitation personal attacks, offensive remarks, obscenities or any language that we consider foul, vulgar or fraudulent; 
• Your Submissions will not contain images of any person, unless you have received their permission, or the permission of their parent or guardian if the person is under the age of 18 or unable to provide consent for any reason; You will not share viruses or files that have the capability of causing damage to another’s computer;
• You agree that we have the right to delete, modify or remove any Submissions, at any time in our sole discretion and that you are solely responsible to backup any such content; and
• You agree that when you use the Services you do so at your own risk and that you understand that Submissions that you see may not be accurate. While we may monitor Submissions, we are under no obligation to do so.

6. DISCLAIMEROFWARRANTIES

YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT ALL INFORMATION CONTAINED IN THE SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. We make no representations or guarantees that the Services are compatible with your equipment or that the Services, or that any electronic communications sent by us or our affiliates, are error-free or will be free from loss, destruction, damage, interruption, corruption, attack, viruses, worms, or other harmful, invasive, or corrupted files, interference, hacking, or other security intrusion, and we disclaim any liability relating thereto. You agree that we have the right to change the content or technical specifications of any aspect of the Services at any time in our sole discretion. You further agree that such changes may result in your being unable to access the Services. 

We make no guarantees, representations, or warranties that the Services or information available through the Services, or that the use of or result of the use of the Services, will be accurate, reliable, complete, current, uninterrupted, or without errors. Any documents, pictures, or other information available on the Services are for informational purposes only, and may not represent the current condition of a property or the condition of the property at the time of sale. The posting of pictures on the Services does not constitute a guarantee that any items represented in the pictures will be present when a buyer takes possession of a property. You are encouraged to conduct your own due diligence and investigate all matters relating to any properties. It is recommended that you seek independent advice, including legal advice, to perform your due diligence and that you use good faith efforts in determining that the content of all information provided to or obtained by you is accurate. 

You understand and acknowledge that the information provided through the Services is subject to change. You should check back frequently for updated information as to the properties and/or mortgage notes available, auction or other marketing events, times and locations, relevant terms, and other matters which may be made available by us or our clients. 

Some of the available content, services, and information may include materials that belong to or that are submitted by third parties. You acknowledge that we assume no responsibility for such content, services, or information. You acknowledge that such third party content, services and information may have additional terms of use that must be agreed to either prior to or upon accessing and that by accessing such content, services and information you agree to all such additional terms of use. The content of other websites, services, goods, or advertisements that may be linked to or from the Services is not maintained or controlled by us. We do not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Services; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, or goods, that may be linked to or from the Services; or (c) make any endorsement of any other websites, services, or goods that may be linked to or from the Services. 

Any use of available third party content, services, and information shall be at your own risk and be used for internal valuation or management purposes usual and customary within the scope of your licensed or regular business activity. In no event shall the Company or any third party provider of such content, services and/or information be liable to you or any third party for any losses, costs or damages arising from or relating to the misuse of, or any errors, omissions, or miscalculations of value contained in, the third party content, services and information provided. Any of the Services such as valuation reports, AVMs, pricing or property information shall not constitute an appraisal or broker price opinion of a subject property and shall be based on public records, market sources or other statistical calculations and is provided on an “as-is, as available” basis with all faults and defects. You are accessing any valuation reports, pricing or property information for your own individual property valuation or management. You shall not use any of the Services for reproduction, sale, distribution, publication, advertising or marketing, or any other commercial exploitation. You understand and acknowledge that you are capable of evaluating the merits and risks of purchasing a property using the Services, and are able to bear any such risks. You also acknowledge that you have consulted with, had the opportunity to consult with, or waive the right to consult with, legal and tax professionals relating to the legal and tax consequences of any documents used in connection with the Services. 

Limitation of Liability 

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR SUBSIDIARIES, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICES, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY IN CONNECTION WITH THE SERVICES FOR DAMAGES, WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE SERVICES OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER. 

Indemnity Clause 

You agree to indemnify, defend, and hold us, our subsidiaries, and affiliates harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to: (i) your access to or use of the Services; (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iii) the content of your Submissions; or (iv) your breach of the Terms of Use. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate in such defense. You agree not to settle any matter in which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. 

7. BIDDINGPROCESS 

No Guarantee of Clear Title

If you are considering bidding on a particular piece of property, you should understand that there are risks involved in bidding at auction. There are times that you will be bidding on a lien, not on the property itself. Placing the highest bid at auction does not automatically entitle you to free and clear ownership of the property. You should also be aware that you bid on may be subject to senior liens, junior liens, and other recorded encumbrances. If you are the highest bidder at the auction, you are or may be responsible for paying off all liens senior to the lien being auctioned off, before you can receive clear title to the property. You are encouraged to investigate the existence, priority, and size of outstanding liens that may exist on this property by contacting the county recorder’s office or a title insurance company, either of which may charge you a fee for this information. If you consult either of these resources, you should be aware that the same lender may hold more than one mortgage or deed of trust on the property. Property Analytics makes no guarantees that any of the properties showcased on its platform have clear title. Through the acceptance of the terms and conditions, the parties agree that Property Analytics shall assume no responsibility for any harm or damages caused to the potential buyer -or seller- should the property be encumbered with senior liens, junior liens, and other recorded encumbrances.

Due Diligence of the Purchaser 

Purchase Documents – Prior to submitting an Offer, Participants must review the purchase and sale agreement, any applicable addenda, Seller’s disclosure documentation, and all other transaction documents (collectively, “Purchase Documents”) provided by Property Analytics All Offers must be based on the above-described Purchase Documents.

Responsibilities of the Purchaser – The parties hereby agree that It is each Purchaser’s responsibility to conduct its own due diligence and investigate all matters relating to each Property that Purchaser is interested in purchasing, including, without limitation, legal matters, physical condition and attributes, environmental matters, economic matters, encumbrances, and all other aspects. The parties further agree that the Purchaser must submit Offers accordingly at his/her own risk. All Offers should be based solely on Purchaser’s independent due diligence and any information contained in the Purchase Documents.

Property information has been gathered from a variety of sources – this information is provided on an “as is, as available” basis with all faults and defects. Purchaser may use this information for their own internal purposes and in a manner that is usual and customary for professionals within the ordinary scope of Purchaser’s licensed or regular business activity. Purchasers are encouraged to consult with a licensed real estate broker, contractor, attorney, financial advisor, tax advisor, and/or other relevant professionals.

Purchaser is responsible for all liability, damages and/or costs directly or indirectly arising from any inspection, visit, or investigation of the Property. Purchaser agrees to indemnify, defend and hold harmless the Seller and Property Analytics from any such liability, damages and/or costs, and to maintain all applicable policies of insurance insuring over such liability, damages and/or costs.

Payment of Earnest Money Deposit – It is agreed upon the parties that the Purchaser will be required to tender to the brokerage a good faith earnest deposit of no less than $2,000.00 (U.S.D.) but not greater than 10% of the final winning bid. The parties further agree that the Earnest Money Deposit must be received by the escrow or closing agent no later than 24 hours after the after Winning Buyer receives wire instructions, time being of the essence. If the Earnest Money Deposit is not timely received, either the Seller and/or Property Analytics shall be entitled to the following remedies as a result of the default/breach of the purchaser. – see Liquidated Damages Clause

Signing of Purchase Documents The final Purchase Documents will be emailed to Winning Buyer for electronic signature using the email address associated with Winning Buyer’s Property Analytics Account. It is agreed upon by the parties that the Winning Buyer must sign the Purchase Documents within one business day after they are sent to the Winning Buyer; time is of the essence. If Winning Buyer fails to timely sign the Purchase Documents, either the Seller and/or Property Analytics shall be entitled to the following remedies as a result of the default/breach of the purchaser. – see Liquidated Damages Clause

Proof of Funds and Additional Information. It is agreed upon by the parties that either Seller and/or Property Analytics may require the Purchaser to provide proof of readily available funds and/or additional information at any time. It is further agreed upon that the Purchaser must respond to such inquiries within one business day, time being of the essence. If such proof of funds or additional information is not timely received, either Seller and/or Property Analytics may reject Winning Buyer’s Offer and declare Winning Buyer to be in default of these Terms. Winning Buyers wanting to take title in the name of an entity (not as an individual) may be required to provide entity formation documents and resolutions authorizing the purchase within the timeframe specified by Property Analytics – at its sole discretion. Seller and/or the escrow/closing agent may require additional documentation prior to closing.

All Bids are Irrevocable

Each and every bid made by a bidder at auction shall be deemed to be an irrevocable offer by that bidder to purchase the property being sold. Any second or subsequent bid by the same bidder or any other bidder for a higher amount shall be a cancellation of the prior bid. The sale shall be deemed final upon the acceptance of the last and highest bid, and shall be deemed perfected as of 8 a.m. on the actual date of sale.

Conduct at the Auction

Reserve Price – It is agreed upon by the parties that all Properties showcased at the auction have a minimum selling price established by Seller (“Reserve Price”). The starting bid is not the Reserve Price. Except where prohibited by law, Property Analytics may counter bid on behalf of Seller on any Property up to the amount of the Reserve Price (and no such bid will result in a sale of the Property). Seller may accept a bid that is below the Reserve Price in its sole and absolute discretion. Regardless of the Reserve Price, Seller is under no obligation to sell a Property until the Purchase Documents have been signed by the Seller.

Minimum Bid Auction Events. Properties to be auctioned without a Reserve Price but with a minimum bid will be listed in a “Minimum Bid Auction” and will be sold to the highest bidder at or above the minimum bid amount.

Winning Bid – The winning bid shall be deemed as the highest irrevocable offer at the sale. The to the brokerage a good faith earnest deposit of no less than $2,000.00 (U.S.D.) but not greater than 10% of the final winning bid. The parties further agree that the Earnest Money Deposit must be received by the escrow or closing agent no later than 24 hours after the after Winning Buyer receives wire instructions, time being of the essence. Afterward, the brokerage shall prepare the necessary purchase and closing documents to the party who submitted the winning bid. Within 24 hours of signing the above stated documents, the Purchaser shall complete the purchase by remitting the remainder of the bid funds pursuant to the Wire Instructions; time being of the essence. In the event that the Purchaser fails to comply with above-stated provision, either the Seller and/or Property Analytics shall be entitled to the following remedies as a result of the default/breach of the purchaser. – see Liquidated Damages Clause

Perfection of Title – Title shall not be deemed to be perfected until the Purchaser duly records his/her interests in the county in which the subject property is situated. Purchaser, however, shall not receive Title to the subject property of auction until the necessary conditions precedent are met as described above and incorporated inter alia. In the case of a Foreclosure Trustee Sale, the parties also agree that subject to the laws of certain states, there may be a brief waiting period for the purchaser to receive Title to the subject property.

8. CANCELLATION;LIQUIDATEDDAMAGES

If the Purchaser fails to comply with the material terms of the Auction, Property Analytics shall be entitled to pursue any one or combination of the following remedies 

1.  Either Seller and/or Property Analytics may reject the Purchaser’s Offer
2. The Purchaser’s Account with Property Analytics may be terminated at the sole discretion of the host
3. Thev Purchaser may be responsible for paying Property Analytics for liquidated damages in the amount of $250,000.00 – per violation
4. Property Analytics may pursue legal action against the Purchaser for violations including but not limited to Fraud; Breach of Fiduciary Duty; Breach of Contract. Property Analytics shall be entitled to Attorneys Fees and Costs Forum Selection Clause
   

   It is agreed upon by the parties that any controversy surrounding the interpretation and/or enforcement of the terms and conditions, its agreements, or privacy policy, shall be subject to the Jurisdiction of the Superior Court of the State of California – In and For the County of Los Angeles | 111 N. Hill Street Los Angeles California 90012.

9. SERVICES AUDITING AND MONITORING OF SERVICES ACCOUNT

We reserve the right to audit and monitor (manually or through automated means) the use of the Services to ensure compliance with the Terms of Use and to maintain and improve the provision of the Services. We also may, but are not required to, monitor the content on the Services using manual review or technical measures to screen, block, filter, edit or remove content. We may terminate or suspend users’ accounts or delete, edit or remove content that we, in our sole discretion, deem illegal, offensive, abusive, in violation of the Terms of Use or our other policies, or otherwise inappropriate or unacceptable. All enforcement determinations are made in our sole discretion, and we will not incur any liability or responsibility if we choose to remove or delete any content.

You acknowledge, consent, and agree that we may access, preserve, and disclose information about your use of the Services, including your communications and content you submit, if required to do so by law or in a good faith believe that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms of Use; (iii) respond to claims that any content you submit violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of us, our users and the public.

10. STATEMENT OF FULL INTEGRATION

You acknowledge that these Terms of Use, any other policies or terms incorporated herein, either in their entirety or by explicit reference, and any other terms and conditions on the Services, SHALL constitute the entire agreement between you and Property Analytics, its agents, its subsidiaries, its affiliates, its successors, and assigns. The parties further agree that this fully integrated agreement SHALL govern the use of the Services. If any provision of the Terms of Use is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible by law, and the other provisions of the Terms of Use will remain in force. The failure of Foreclosure Insight U.S.A, its agents, its subsidiaries, its affiliates, its successors, and assigns to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed by Property Analytics in writing. You may not assign the Terms of Use or the rights hereunder without the prior written consent of Property Analytics We, however, may assign the Terms of Use and delegate certain responsibilities, obligations, and duties under or in connection with the Terms of Use in our sole discretion.

11. NO REFUND POLICY

Subscriber’s monthly subscription fees payment obligations, and any other fees associated with the services provided are not refundable.

Need Help? 

Contact us: (818) 538-3661

135 State College Blvd Ste 200

Brea, CA 92821