Welcome and thank you for your interest in Pro Property USA (“Pro Property USA” “we,” “our,” “us”) and our website located at propropertyusa.com (the “Site”), along with our other related websites, networks, applications and other services provided by us (collectively and including the Site, our “Service”). These Terms of Service (“Agreement”) are a legally binding contract between you and Pro Property usa regarding your use of the Service. Please only create an account or otherwise use the Service if you agree to be legally bound by all terms and conditions herein. If you are viewing this on your mobile device, you can also view this Agreement via a web browser. Your acceptance of this Agreement creates a legally binding contract between you and Pro Property USA. If you do not agree with any aspect of this Agreement, then do not create an account or otherwise use the Service.
you agree to be bound by the following terms of use, as updated from time to time
Note for Children. Use of the Service by anyone under the age of 18 is prohibited.
1. Acceptance of Terms
1.1 This Agreement is a binding legal contract that governs your use and access of the Service. You must accept the terms of this Agreement before you may access or use the Service. You can accept the terms of this Agreement by clicking to accept or agree where such option is made available to you.
1.2 By accepting this Agreement, or by accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions. In addition, by accepting this Agreement, you represent and warrant the following:
(a) You are at least 18 years old and have the legal capacity to be bound by this Agreement;
(b) You are not a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction;
(c) all registration information you submit is and will remain truthful, accurate and complete, and that you will maintain and update such information as needed;
(d) If you are accepting this Agreement on behalf of a company or another legal entity, you have the authority to bind such entity to this Agreement, in which case the terms “you” or “your” will refer to such entity; and
(e) the Partners (defined below) are not providing the Service to you and that Pro Property USA is a third-party platform
1.3 Pro Property USA Privacy Policy, (the “Privacy Policy”), describes the collection, use and disclosure of data and information by Pro Property USA in connection with the Service. You hereby agree to the collection, use and disclosure practices set forth in the Privacy Policy.
1.4 We reserve the right to make modifications, deletions and/or additions to this Agreement (“Changes”) at any time, in our sole discretion, this Agreement at any time, in our sole discretion. You can find the most recent version of this Agreement at with the date of last modification noted above. Changes will be effective : (i) thirty (30) days after Pro Property USA provides notice of the Changes, whether such notice is provided through the Service, is sent to the e-mail address associated with your account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first.
1.5 The Pro Property USA, and the Services, may assist you in performing the various tasks in a real estate transaction. However, unless explicitly specified by the terms of use for a particular Service (each a “Product’s Terms”), THE SERVICES ARE NOT INTENDED TO provide you with any financial, real estate, or related advice of any kind. You understand and agree that the Services may include advertisements. To help make the advertisements relevant and useful to you, the Pro Property USA may serve advertisements based on the information we collect through the Services. See our Privacy Notice for more details,
2. Use of the Services – Restrictions
Use of the Services. As long as you comply with these Terms of Use, we grant you a non-exclusive, limited, revocable, personal, non-transferable license to use the Services, and to download and use any App on your mobile device in object code form, for your personal use. If you are a real estate or mortgage professional acting in your professional capacity, you may additionally use the Services to provide information, to the extent permitted by applicable law, to your clients and to take actions on behalf of your clients (“Pro Use”). If you use the Services for a Pro Use, you represent and warrant that you have obtained all required authorizations and consents from your client. Except as expressly stated herein, these Terms of Use do not provide you with a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party web sites or otherwise. The Services may include software for use in connection with the Services. The Services may not be used for transactions in commercial real estate, which includes, without limitation, commercially zoned properties and vacation rentals.
3. Prohibited Use. BY USING THE SERVICES, YOU AGREE NOT TO:
reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services, except as explicitly permitted by any Product’s Terms to the extent applicable to that product’s Services;
provide/post/authorize a link to any of the Services (including but not limited to an agent profile page) from a third-party website that is not a real estate-related website owned or operated by a real estate or lending professional or institution;
remove or modify any copyright or other intellectual property notices that appear in the Services;
use the Services in any way that is unlawful, or harms the Pro Property USA, its service providers, suppliers, affiliates, or any other user;
use the Services in any way to discriminate against any individual or class of individuals protected under federal, state or local anti-discrimination laws, or which may have an illegal discriminatory impact against any individual or class of individuals, or which otherwise promotes illegal or discriminatory activities or outcomes;
post, display, communicate, or otherwise make accessible to any third party on or through the Services (including but not limited to an agent profile page) a seller’s or listing agent’s offer of buyer agent compensation (including an amount, percentage, or that buyer agent compensation is offered at all), irrespective of whether such offer of compensation is connected to any specific property;
distribute or post spam or other unsolicited messages, chain letters, pyramid schemes, or similar communications through the Services;
impersonate another person, misrepresent your affiliation with another person or entity, or make any representation to any third party under false pretenses;
reproduce, publicly display, or otherwise make accessible on or through any other website, application, or service any reviews, ratings, or profile information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services, except as explicitly permitted by us for a particular portion of the Services;
upload invalid data, viruses, worms, or other software agents to the Services;
post, reproduce, publicly display, or otherwise make accessible any content, which we, in our sole judgement and discretion, consider illegal, offensive or objectionable including without limitation content that harasses, discriminates, demeans, threatens or disparages any individual or class of individuals;
interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures we may use to prevent or restrict access to the Services;
conduct automated queries
4. Changes and Updates to the Service
You understand that the Service may change over time as we refine and add more features or content. We reserve the right to update, modify, or discontinue all or part of the features, functionality, content or other aspects of the Service, including any and all Perks, at any time and without liability, with or without notice, in our sole discretion.
5. User Materials.
UGC Definition; License Grant. Certain portions of the Services may allow users to upload or otherwise provide the Pro Property USA images, photos, video, data, text, listings, and other content (“User Materials”). Absent any additional terms provided in your Product’s Terms, by uploading or otherwise providing User Materials to the Services, you grant us an irrevocable, perpetual, royalty-free worldwide license to: (i) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your User Materials, in connection with the Services or in any other media; and (ii) sublicense these rights, to the maximum extent permitted by applicable law. We will not pay you for your User Materials or to exercise any rights related to your User Materials set forth in the preceding sentence. We may remove or modify your User Materials at any time. You are solely responsible for all User Materials made through your user account(s) on the Services or that you otherwise make available through the Services. For all User Materials, you represent and warrant that you are the creator and owner of the User Materials, or have the necessary licenses, rights, consents, and permissions (including all permissions required under applicable privacy and intellectual property law) to authorize the Pro Property USA and other users to access and use your User Materials as necessary to exercise the licenses granted by you under these Terms of Use.
6 Third Party Linked Products and Content
6.1 The Service Pro Property USA may make available listings, descriptions, and images of Third-Party Products (and certain features, content, and functionality associated with such Third-Party Products) and related terms, including references and links (collectively, together with Third-Party Products, “Third-Party Content”). Such Third-Party Content may be made available by Pro Property USA or by third parties, and may be made available for any purpose, including general information purposes. The availability through the Service of any Third-Party Content does not imply our endorsement of such Third-Party Content, or affiliation with the provider of Third-Party Content. Except as otherwise expressly provided for in a separate sales or services agreement between you and us for the sale or provision of any such Third-Party Content, we make no representations and provide no warranties with respect to such Third-Party Content, including as to the completeness, accuracy, reliability, validity, or timeliness of such Third-Party Content or their features, specifications, or prices, and such information and the availability of any Third-Party Content is subject to change at any time without notice. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding access to and the use of any Third-Party Content. Some Third-Party Content may require you to agree to additional terms such as end user terms and conditions included on the portion of the Site where we make available such Third-Party Content or otherwise with the Third-Party Content when delivered, including that you may be required to comply with other instructions and agreements provided on-line when you log in to the Service with respect to any Third-Party Content hosted thereon.
By using a tool that allows for User Information to be transferred, you agree that we may transfer the applicable User Information or other information to the applicable third-parties, which are not under our control. If you submit a contact form or otherwise indicate your interest in contacting a Third-Party Provider, you may receive telemarketing calls from the Third-Party Provider using the contact information you provided. Third-Party Providers may keep your contact information and any other information received by the Third-Party Provider in processing a contact or other request form. We are not responsible for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
6.2 Certain Third-Party Services.
Referrals and Lead Sales. As part of the Services, you may be connected with a real estate professional. You authorize us to make such referral or lead sale and acknowledge that we may be paid valuable consideration for facilitating such connection. As part of the Services, you may be connected to a party that provides mortgage loan origination services, title and escrow services, or other settlement services. If any of these parties have an affiliated relationship with any of the Pro Property USA, then Pro Property USA may receive a financial or other benefit from the referral between such affiliates
6.3 Non-Affiliated Financial Products. If you choose to contact a non-affiliated bank, mortgage lender, financial institution, mortgage loan originator, loan broker, or other mortgage professional through the Services by filling out a contact, other request form or otherwise indicating your interest in contacting (or being contacted by) a Third-Party Provider (including requests for mortgage rate quotes) on the Services, you authorize the Pro Property USA in particular to provide the information you submit to the Third-Party Provider. If you include your name, contact information and other information in a request, your identity will no longer be anonymous to the Third-Party Provider. Your submission of information and any request for quotes through the Services is not an application for credit. In the case of non-affiliated financial products, the Pro Property USA are only providing an administrative service to consumers and participating Third-Party Providers. Loan approval standards are established and maintained solely by individual Third-Party Providers. Decisions in any related non-affiliated transactions are made by participating Third-Party Providers and are not made by the Pro Property USA and the Pro Property USA are not responsible for the underwriting activities or credit decisions of any Third-Party Provider.
7. Disclaimer of Warranties
We provide the service to you “as is”, “with all faults” and “as available”. You agree that any use of and reliance upon the service (including any and all of the information, content, and/or materials contained therein, or results obtained therefrom) by you is at your sole risk. To the maximum extent permitted by applicable law, we make no (and specifically disclaim all) representations or warranties of any kind, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement. In addition, pro property usa does not warrant that access to the service will be uninterrupted, error-free or free of harmful components, or that information obtained through the service will be accurate or reliable. Pro property usa makes no claims or promises with respect to any third party, such as the vendors or advertisers listed on the service. Accordingly, neither pro property usa nor your employer is liable to you for any loss or damage that might arise from the vendors’ and/or advertisers’ actions or omissions. Your purchase and use of the reward credits, rewards, perks, discounts, or third-party content and any other products and services offered by third parties through the service is at your own discretion and risk.
8 Indemnification
You agree to indemnify, defend, and hold harmless Pro Property USA, its subsidiaries, affiliates, subcontractors, Partners, Property Managers, and Vendors, and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers against all claims (including all associated costs, expenses and reasonable attorneys’ fees) from and against any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorneys’ fees and court costs) arising out of or related to: (a) the Service, (b) breach of this Agreement, or (c) your or your Users’ violation of applicable laws, rules, or regulations in connection with the Service. Pro Property USA will provide you with notice of any such claim within a reasonable time, and Pro Property USA reserve the right to assume exclusive defense and control of any matter, subject to indemnification by you, and you agree to fully cooperate with us in connection with our defense of such claim.
9. Choice of Law & Disputes.
These Terms of Use are governed by the laws of the State of New York, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction and venue in the state and federal courts sitting in New York for all disputes, claims, and actions arising from or in connection with the Services or otherwise under these Terms of Use. and we make no representation that the Services are appropriate or available for use in other locations.
10 Independent Contractors.
This Agreement does not create a joint venture, agency, or partnership between the parties; instead, the relationship between the parties is that of independent contractors. Our engagement with you under this Agreement is non-exclusive, and Pro Property USA reserves the right to offer the Service to any third party.
11.Data Security
We take reasonable measures to protect your personal information. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse.
12 Contact Us
We hope we can provide you with the best experience possible, and we welcome any feedback, suggestions for improvements to the Service, as well as any questions, issues, concerns or other inquiries related to the Service. If you are having trouble with the Service or your User account, or wish to contact us for any reason, to email us info@propropertyusa.com so that support team may assist you