SiteCompli, LLC (the “Company”) aggregates for informational purposes information issued and/or promulgated by various government agencies or offices, including but not limited to property, violation, inspection and other facilities related real estate information, and makes this information available through various means to its clients, including but not limited to its website, email notifications, reports and interaction with its employees and agents (the “Services”). By utilizing the Services and this Website (as defined below) and/or becoming a Customer, you acknowledge:

1. That the Company is not a government agency and does not represent or speak on behalf of any government agency.
2. The Company is a data provider, and is not in a superior position to locate or determine any data than anyone conducting their own due diligence concerning the information provided via The Services.
3. The Services are not a substitute for your own due diligence, and is provided for informational purposes only on an 'as is' and 'as available' basis. The Company does not guarantee the accuracy or correctness of the information provided.
4. The company and its agents do not endorse, and expressly disclaim any liability related to, decisions made or actions taken in reliance on the Services. Payment of any fees is not contingent upon any predetermined results or information conveyed via the Services or any analysis, opinion, conclusions, or use of the Services. Use of the services does not impute or otherwise obligate the Company to make any affirmative disclosures to anyone.
5. The services may be subject to attorney/client and/or work product privilege and may be protected from discovery.
6. Customer recognizes that, at Customer's request and Company’s approval, Company may create additional accounts for or grant access to additional parties (“Delegate Account Holders”) including but not limited to Customer's employees, agents, and vendors. Delegate Account Holders may have access to Customer's account, property and/or compliance information. Customer is solely responsible and liable for any activity that occurs under its account and assumes all liability for the actions undertaken by Delegate Account Holders, including but not limited to Prohibited Conduct as defined below
7. The contents of the SiteCompli website, email alerts, reports and other materials provided by SiteCompli to Customer, its assignees, licensees, (including but not limited to agents and Delegate Account Holders) are subject to copyright protection and may not be reproduced, displayed, or published in full or in part without the prior written consent of SiteCompli. Copyright © 2012 SiteCompli LLC. All rights reserved.

GENERAL

Legal Contract.

Welcome to www.sitecompli.com (the ?Website?). These Terms of Use apply to this Website, operated by the Company, and constitute a legal agreement between you and the Company (this ?Agreement?). Your use of the Website signifies that you agree to the following terms and conditions as well as (i) the Company Privacy Policy, (ii) any other statements, rules or policies of the Company, all of which are hereby incorporated into these Terms of Use. For purposes of this Agreement, ?you? includes yourself, your employees, your representatives, your agents and any other third party acting on your behalf in connection with the Website and/or the Services. You consent to receive required notices from us and to transact with us electronically. If you do not agree, please do not use this Website.

Changes to the Terms of Use.

We may change these Terms of Use at any time. You are responsible for checking the Terms of Use from time to time. Your continued use of the Website signifies your acceptance of the most recent Terms of Use then in effect.

Term.

This Agreement will remain in full force and effect while you use the Services and the Website.

Electronic Communications.

When you visit our Website or send e-mail to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all notices, disclosures, and other communications that we make electronically satisfy any legal requirement that such communications be in writing. If you want to withdraw this consent, please stop using this Website.

Changes To This Website/Right To Terminate/Sale of Company.

We may change or discontinue the Services, this Website or any feature on it at any time with or without notice. The Company may, in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or part of any of the Services and the Website for any or no reason, including, without limitation, breach of these Terms of Use or the infringement of copyrights owned by third parties. In the event that the Company is transferred, assigned or sold to a third party, such a sale will not be deemed a transfer of personal information so long as that third party agrees to assume the Company's obligations as to these Terms of Use and associated Privacy Policy.

Links.

The Website may contain links to other Internet sites. Interactions that occur between you and these other Internet sites are strictly between you and such sites, and are not our responsibility. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their websites. The Company does not assume any liability or responsibility for the actions, product, availability or content of these outside resources.

Indemnification.

You agree to defend, indemnify and hold harmless us, are affiliates, and our respective directors, officers, employees, representatives and agents from and against all claims, liabilities, damages, costs and expenses, including attorneys? fees, arising out of or related to the Services purchased by you in connection with the Website, your use of and access to the Website or the Services, your violation of any term of this Agreement, and your violation of any third party right, including any property or privacy right.

YOUR RESPONSIBILITIES

Representations and Warranties.

You represent and warrant that you have the legal power, authority and capacity to accept the terms of this Agreement. You represent and warrant that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement and to abide by and comply with these Terms of Use.

Access By License Only.

The Company grants to you a limited license to access the Website for the use intended only. Unless otherwise stated, all material published on the Website are protected by copyright, trademark and all other applicable intellectual property laws. Except as indicated on the Website, this license does not permit you to copy, modify, or distribute any part of the Website. You may not use data-mining, robots, or any other data-gathering and extraction tools. You may not use webpage frames to enclose any part of the Website. You may not use any metatags or other hidden text that includes Company trademarks or trade names. You may not use the Website for any unlawful purpose.

You will access the Services through the Website with a username or password or other access methods that the Company may specify (collectively, ?Access Methods?). You are solely responsible for ensuring that your Access Methods are known to and used only by your employees and other permitted users acting on your behalf (e.g., vendors, consultants) solely for legitimate business purposes (?Authorized Users?). At the Company?s request, you will provide the Company a list of your Authorized Users. You will be (i) solely responsible for all acts or omissions of any person using the Services through your Access Methods and (ii) without limitation of the foregoing or any other provision of this Agreement, bound by the terms of all transactions executed and orders placed through the Services using your Access Methods. All transmissions generated by use of your Access Methods will be deemed to be authorized by you and made by an Authorized User whether or not the Company acknowledges receipt of such transmission. If your Access Methods have been lost, stolen or compromised, you will promptly notify the Company. Upon receipt of this notice, your Access Methods will be cancelled, but you are responsible for any actions taken through the use of such Access Methods before they are cancelled. In the Company?s sole discretion, it may terminate, revoke, suspend, modify, or change any or all of your Access Methods at any time with or without prior notice. You will be solely responsible for any losses, damages or costs that you may incur as a result of errors made by, or the failure of, the software or equipment that you use to access the Service.?

With respect to any information, feedback, questions, and/or comments (?Submissions?) that you make to us via this Website, you grant to the Company a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material, without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees, for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques, without attribution. You further represent and warrant that if you are not the owner of such material, that the owner of such material has expressly granted you the right to grant the foregoing license to the Company. You acknowledge and agree that any other user of the Website may access, view, store or reproduce the material for that user?s personal use and that we shall have no obligations of any kind with respect to any Submissions. In addition, you hereby waive all moral rights you may have in any Submissions sent to the Company by you.

Prohibited Conduct.

You may use this Website for lawful purposes only. You may not use the Website in any manner that could damage, disable, overburden, or impair our servers or interfere with any other party?s use and enjoyment of the Website. You may not attempt to gain unauthorized access to any services or information to which you have not been granted access through password mining or any other process. We may take any legal and technical remedies to prevent the violation of this provision and to otherwise enforce these Terms of Use. You may not submit or transmit through the Website any material or engage in any conduct that:

- Violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights;

- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortiously interferes with another, or contains explicit or graphic descriptions, or accounts of, sexual acts;

- Is libelous, obscene, threatening, defamatory, pornographic, profane, sexually explicit, abusive, is otherwise objectionable, or which otherwise violates any law, rule or regulation or the rights of a third party;

- Forges e-mail headers or otherwise disguises the origin of any communication;

- Victimizes or harasses, degrades, or intimidates any individual or group of individuals;

- Impersonates any person, business or entity including Us and our employees or agents;

- Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telephonic (including cable) equipment and/or is likely to harm Ours or a third party's computer system;

- Tests the vulnerability of the Website or Service or circumvents any security mechanism used by the Website or Service;

- Allows for you or any third party to unlawfully access the computer of a third party's or a computer network;

- Encourages conduct that constitutes a criminal act or that gives rise to civil liability;

- Violates these Terms of Use or any policy posted on this Website or otherwise interferes with the rights of others.

- Attempts to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Company’s software applications, processes, or other intellectual property either by yourself or with any third party.

- Attempts to copy, hack, emulate or otherwise use the Website in contravention of this Agreement either by yourself or with any third party, including, but not limited to, using or accessing the Website and/or Services for the purpose of setting up or assisting a competitive or rival website to the Company.

INTELLECTUAL PROPERTY

Copyright.

Unless otherwise stated, all Company content, such as text, images, logos, button icons, audio clips, data compilations, and software, is the property of the Company or other third parties. These contents are protected by copyright, pursuant to U.S. copyright laws, international conventions and other copyright laws. The Company grants to you a limited license to copy its content for your personal use, for example by downloading, printing, or saving to your individual storage medium. You must not remove or alter any proprietary notice included in the content. This limited license does not apply to any copyrighted materials on this Website that are owned by third parties. You are solely responsible for determining whether and under what conditions you may download, print, or otherwise use the copyrighted material of third parties.

Trademarks.

Trademarks or other designations on the Website are the property of the Company and/or other third parties, and may be the subject of pending trademark applications and/or are common-law trademarks. Trademarks, trade names, and trade dress may not be used in connection with any non-Company product or service, in any manner likely to cause confusion for Customers, or to blur or tarnish the distinctiveness of our trademarks, or in any manner that disparages the Company.

You agree not to undertake any effort to reverse engineer, decompile, disassemble, or otherwise attempt to discovery the source code of the SiteCompli software, applications, processes, or other intellectual property either by yourself or with any third party.

Services.

You acknowledge and agree that the Company owns all rights in any and all intellectual property owned by or created by or for the Company in its business, including all Services created by the Company, on behalf of the Company, or in collaboration with you, in performing its obligations under this Agreement. You acknowledge and agree that nothing in this Agreement and no use of the Services, shall cause to vest in you or be construed to vest in you, any rights in the Services other than the express right to use the Services solely in accordance with the terms and conditions of this Agreement.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

You acknowledge that The Company is not a government agency and does not represent or speak on behalf of any government agency. The Services are provided for informational purposes only, on an ?as is? and ?as available? basis. The Company specifically does not warrant that the Services will meet all of your requirements. The Company, its licensors and other suppliers disclaim all warranties, whether express or implied, including but not limited to any promises of accuracy or correctness of information provided or omitted. The Company is not responsible for the quality, completeness or accuracy of the information posted or not posted on the Website. You acknowledge that you should not rely on the accuracy or completeness of the Services, the Website, or the Company, and that you should undertake your own due diligence efforts directly with any appropriate government agency.

You agree that the Company and its officers, directors, employees and members (?Company Parties?) shall not be held liable to you or any third party for any loss or injury or direct, indirect, consequential, special, punitive or exemplary damages, whether foreseeable or not, caused in whole or in part by any decision made or action taken in reliance on the Services, on the Website. Your sole and exclusive remedy for any dispute with the Company is to discontinue your use of the Services. In no event shall the Company?s liability, or the liability of its affiliates, officers, directors, employees, representatives or agents, for any and all claims relating to the use of the Website and the Services exceed the total amount that you paid the Company for the specific Services at issue. The limitations set forth herein are fundamental elements of the basis of the bargain between you and the Company. The Company would not be able to provide you with the Services without such limitations.

Links and/or advertisements may be provided on the Website to other websites or entities. The Company assumes no responsibility of any kind for the content, availability or products of these website links thereto or thereupon, or the use thereof. By inserting links to these sites, it is understood that the Company does not endorse such website, its content or any related products or services.

We are not responsible for the conduct, whether online or offline, of any user of the website. Under no circumstances will the company be responsible for any loss or damage, including personal injury or death, resulting from anyone?s use of the website, any content posted on the website or transmitted to users, or any interactions between or among users of the website, whether online or offline.

DISPUTE RESOLUTION BY ARBITRATION / NO CLASS ACTION

Arbitration

You understand and agree that all claims, disputes or controversies between you and the Company, or its affiliates, or their respective directors, officers, employees, representatives and agents, arising under or related to this Agreement (including the Privacy Policy), the Website, the Services, or the use or operation of the Website, including tort and contract claims, claims based upon any federal, state or local statute, law, order, ordinance or regulation, and the issue of arbitrability, shall be resolved by final and binding arbitration before the American Arbitration Association (?AAA?), in accordance with the rules of the AAA.

It is important that you read this arbitration clause. It provides that you may be required to settle any claim or dispute through arbitration, even if you would prefer to litigate the claim in court. You are giving up the rights you might have to litigate such claims before a jury. Other rights that you would have if you went to court, such as discovery or the right to appeal the decision, may not be available in arbitration or may be more limited. You should consult legal counsel to determine whether this arbitration clause is appropriate for you. You can opt out of the arbitration by following the instructions in the last paragraph of this arbitration clause.

You understand that unless you exercise the right to opt-out of arbitration in the manner described below, you agree that any dispute will be resolved by binding arbitration. Arbitration replaces the right to go to court, including the right to have a jury, to engage in discovery (except as may be provided in the arbitration rules), and to participate in a class action or similar proceeding. In arbitration, a dispute is resolved by an arbitrator instead of a judge or jury. Arbitration procedures are simpler and more limited than court procedures. You also agree any arbitration will be limited to the dispute between yourself and the Company and will not be part of a class-wide or consolidated arbitration proceeding.

Right To Opt Out.

If you do not wish to be bound by this arbitration clause, you must notify the Company in writing within sixty (60) days after such time as you become bound by this Agreement as set forth above in section titled ?Legal Contract?, or your rejection of arbitration will not be effective. You must send your request to us. Your request must include your telephone number(s) and a clear statement of your intent to opt out, such as ?I reject the arbitration clause stated in the Terms of Use.?

No Class Action.

Even if applicable law permits class actions or class arbitrations, the dispute resolution procedure specified above applies and, we and you each waive any right to pursue disputes on a classwide basis; that is, to either join a claim with the claim of any other person or entity, or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration or other proceeding.

GENERAL

This paragraph and the paragraphs entitled, ?Indemnification?, ?Intellectual Property?, ?Disclaimer of Warranty and Limitation of Liability? and ?No Class Action? and will also remain in effect following the termination of this Agreement for any reason. We reserve the right in our sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this Agreement is governed by the laws of the State of New York, U.S.A. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or use of the Website. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained herein is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire Agreement between the user and Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.

CONTACT US

If you have questions or comments about these terms of use, please contact us at customerservice@sitecompli.com.