LemonLandlord.com Terms of Use

Welcome to LemonLandlord.com (“Site”) ⁱ. These Terms of Use constitute a binding agreement between you, the user of the Site, and the owner of the Site (“LemonLandlord,” “we,” or “us”). Your use of this Site, including without limit all of its constituent text, images, clips, demos, graphics, logos, tradenames, trademarks, tradedress, notices, software (including HTML or XML-based computer programs) and other materials (collectively “Content”), and your purchase of any products or services through the Site, including without limit certain reports related to the foreclosure status of residential or multifamily real property (“Reports”), is subject to and constitutes acceptance of these Terms of Use and the Privacy Policy contained on this Site. The services, information, goods, Reports, Content, or products made available through the Site are hereinafter referred to individually as a “Service” or, collectively, the “Services.” These Terms of Use are subject to change, in LemonLandlord’s sole discretion, at any time, without prior notice to you. Your continued access to or use of the Site or the Services after such changes have become effective constitutes your conclusive acceptance of the modified Terms of Use.

1. License and Copyright

The Content of the Site and all Reports are protected under United States and foreign copyright, trademark, and other laws. The Content and Reports, including the data set forth in the Reports, belongs or is licensed to LemonLandlord. We hereby grant you the right to use the Services subject to these Terms of Use. Notwithstanding the foregoing, the Services are and shall remain the sole and exclusive property of LemonLandlord. You shall have only the limited rights with respect to the Services as expressly granted in these Terms of Use, and all rights not expressly granted herein are reserved by LemonLandlord. Only LemonLandlord shall have the right to alter, maintain, enhance, or otherwise modify the Services and the Content.

2. Reports

The primary purpose of the Site is to allow you to submit requests for Reports. The Reports are created from public data sources and are based on information you provide. You agree that all of the information you provide to LemonLandlord, whether through the Site or otherwise, is accurate and complete. Your submission of inaccurate or incomplete information shall not constitute a basis for any refund of any fee or credit for additional Services. LemonLandlord offers the following Reports:

a. Property Report

A Property Report (“PR”) is a single report generated by LemonLandlord for a property you select within the United States (“Subject Property”). A PR may include the following data elements for the Subject Property, as available to LemonLandlord in the ordinary course of its business: standardized United States postal address, identification of legal owner, foreclosure status, default date, auction date, and date of last sale for subject properties in the United States of America. Fees for individual PR’s are as posted on the Site and may be changed, from time to time, in the discretion of LemonLandlord. Fees and PR data elements and content are subject to change without prior notice to you at the sole discretion of LemonLandlord. The unavailability of any or all PR data elements shall not constitute a breach of this agreement or entitle you to any refund or credit for additional Services. All fees for PR’s are non-refundable.

b. Monitoring Alert Service Reports

LemonLandlord’s Monitoring Alert Service (“MAS”) provides ongoing monitoring of the foreclosure status of a Subject Property, as available to LemonLandlord in the ordinary course of its business. Monthly MAS reports (“MAS Reports”) are sent to you via email or made available to you on the Site. MAS Reports automatically provide the information generally available in the PR, as available to LemonLandlord in the ordinary course of its business. Fees for MAS subscriptions are as posted on the Site and may be changed, from time to time, in the discretion of LemonLandlord. MAS Report content is subject to change without prior notice to you at the sole discretion of LemonLandlord. You hereby authorize LemonLandlord to modify the MAS monthly fee upon thirty (30) days notice sent by e-mail to the address provided for delivery of MAS Reports. The unavailability of any or all MAS Report data elements shall not constitute a breach of this agreement or entitle you to any refund or credit for additional Services. You may cancel a MAS subscription only upon 30 days written notice to LemonLandlord or as otherwise provide for on the Site. Cancelations are effective on the last day of the billing cycle in which the 30 day notice expires. All fees for MAS and MAS Reports are nonrefundable.

3. Trial PR’s; Automatic MAS Subscription; Renewal

When applicable, if you submit a request for a complimentary trial PR, you agree and request that LemonLandlord automatically send MAS Reports regarding the subject property and charge you in full for the minimum subscription (as set forth in the trial PR offer posted on the Site) unless you cancel such subscription within seven (7) days, or one hundred sixty-eight (168) hours following your request for the trial PR. Unless a request for cancelation of the subscription has been received by the Site at least 30 days prior to the subscription expiration, the subscription shall automatically renew (at the expiration of the initial term and each subsequent term) for an additional term of like duration, and you will be charged the MAS subscription fee then in effect for the entire renewal term.

4. Property Managers

If you are registered with the site as a property manager or other commercial user (each a “PM”), pricing and subscription terms are as set forth in the Property Management pages of the Site or as otherwise agreed upon in writing by LemonLandlord. PM represents and warrants that (i) all information provided to LemonLandlord by PM (“PM Information”) is materially true and correct, (ii) that PM is under no duty of confidentiality regarding any of the PM Information, and (iii) that PM is authorized to disclose the PM Information to LemonLandlord for any purpose or use. PM grants to LemonLandlord an unlimited, unrestricted, fully paid, irrevocable, perpetual, and royalty-free license to use, in accordance with applicable law, all, part, or a modified version of the PM Information and any data, or other content that PM provides via the Site.

5. Limitations on Use

Unless expressly authorized in these Terms of Use, you may use the Services, and view, download, or print a copy of the Content and Reports only for your personal, noncommercial use. Permission to reprint or electronically reproduce any Content in whole or in part for any other purpose is expressly prohibited. Without limiting the foregoing, you agree as follows:

a. You will not (i) disclose, use, distribute, publish, disseminate, reproduce, reformat or modify the Services or the Content or any portion thereof in any manner, (ii) transfer, sell, convey, resell, or sublicense the Services or the Content or any portion thereof in any manner, (iii) permit any parent, subsidiaries, affiliated entities or other third parties to use the Services or the Content or any portion thereof, (iv) process any portion of the Services or the Content, or permit any portion of the Services or the Content to be processed with other data, information, editorial content, software (including HTML or XML-based computer programs) or other material from any other source, (v) allow access to the Services or the Content through any terminals not within your direct control, or (vi) redistribute or publish the Services or content via the Internet;

b. You will not use the Services or the Content (i) to create, enhance or structure any database in any form for resale or distribution, (ii) to create derivative work or derivative products of any kind, (iii) to conduct any marketing or telemarketing activities, (iv) to create real estate valuation models, programs or systems, (v) for the purpose of extracting, selecting or otherwise removing any data elements contained in the Services or the Content for any reason, (vi) to conduct real estate appraisals, (vii) for the purpose of debt collection, (viii) in connection with evaluating risk, underwriting, or marketing or selling insurance products of any kind, including without limitation, life, health, long-term care, disability casualty, umbrella, mortgage, title or property insurance (ix) as a factor in establishing an individual's eligibility for credit or insurance, (x) in evaluating an individual for employment purposes, (xi) in connection with a determination of an individual’s eligibility for a license or other benefit granted by a governmental authority, (xii) in a way that would cause the Services or the Content to constitute a “consumer report” under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., or (xiii) in any other manner that would cause such use of the Services and/or the Content to be construed as a consumer report by any authority having jurisdiction over any of the parties.

c. You will not use the Services or the Content in any way that (i) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, (ii) violates any law, statute, ordinance or regulation (including without limitation the laws and regulations governing unfair competition, anti-discrimination or false advertising), or (iii) is defamatory, trade libelous, unlawfully threatening or unlawfully harassing.

d. You shall not remove, alter, or obscure any proprietary notices contained in the Services or the Content or other materials provided by LemonLandlord hereunder, and shall reproduce all such notices on all copies or portions thereof.

6. Payment for Services

a. Payment Authorization

Fees for Reports and other Services may be collected via a third party payment processor. You agree to abide by all of the terms and conditions of use of the third party payment processor. You hereby authorize LemonLandlord and/or its third party payment processor to charge your credit card, debit card, or bank account, in advance, for the cost of the Reports and subscriptions as set forth in the Site on the date of your order or renewal. If requested, you agree to submit a written payment authorization in connection with these charges. Credit card transactions require an acceptable and currently working/continuously valid credit card number/account. LemonLandlord may terminate or disable your subscription or withhold any Report if all amounts due to LemonLandlord are not timely paid in full. If your credit card or other payment method expires or is otherwise declined for payment, access to the Reports and the Site may be modified, suspended or cancelled, in LemonLandlord's sole discretion and without notice to you. Each time you accesses or use the Site or the Services, you affirm that LemonLandlord is authorized to obtain payment through a selected payment method. All fees are quoted and payable in United States Dollars. You are also responsible for paying all applicable taxes for Services and/or Reports, and any other costs incurred in connection with the use of or access to the Site. All fees are non- refundable.

b. Account Discrepancies

If any payment is charged back or otherwise fails after delivery of the Services, interest pro-rated daily, at the rate of 18 percent per annum on such past due amounts, or the maximum allowable by law, whichever is less, shall accrue, and the entire amount of unpaid charges, plus this assessment, will become immediately due and payable. You shall pay all costs incurred by LemonLandlord with respect to collection of any past due amount, including legal fees. You may contact the LemonLandlord Customer Service Department by e-mail at support@lemonlandlord.com. Notwithstanding the foregoing, in no event may you dispute any charge or account billing hereunder later than ninety (90) days after such questionable account billing or other discrepancy should have been or could have been reasonably discovered.

c. Account Security

Upon registration with the Site, you will self select a username and password. It is your responsibility to maintain the confidentiality of that username and password, as you will be responsible for all activity transacted under that username and password through the Site. If you believe your username or password has been compromised, you should change them immediately via the Site and contact Customer Service. You are responsible for all access to and use of the Services and the Content by means of your equipment or under your user ID and password, whether or not you have knowledge of or authorize such access or use. You shall be responsible for all charges relating to the use of such user IDs and passwords, whether or not you authorized such use.

7. Termination and Remedies

LemonLandlord reserves its right to terminate or suspend access to the Services and the Content if at any time LemonLandlord believes, in its sole discretion, that you have violated any provision of these Terms of Use. Such termination will not limit any other right by LemonLandlord under contract, tort, or any other legal theory to pursue any claim or cause of action against you for violating these Terms of Use including, but not limited to, monetary damages, injunctive relief, attorney's fees and court costs. LemonLandlord reserves the right to modify or to discontinue any and all Services and/or Content or any portion or attribute thereof, with or without notice to any other person.

8. Third-Party Content and Services.

The Site may contain links to websites maintained by third parties ("Third Party Websites"). Such links to Third Party Websites are provided for your convenience and reference only. LemonLandlord does not operate or control, in any respect, any information, content, software, products or services available on such Third Party Websites, and is not responsible for any content on such Third Party Websites. LemonLandlord's inclusion of links to such Third Party Websites does not imply any endorsement, warranty, guarantee or recommendation of such Third Party Websites, or of the content, products or services, or of the sponsoring organization thereof.

9. Disclaimers and Limitations

LemonLandlord is a compiler and reseller of data supplied by third parties and obtained through public data sources. Information and data provided in LemonLandlord’s Reports are believed to be substantially similar to data and information available in the public data sources, but such data has not been verified by LemonLandlord or any other party. LemonLandlord does not guarantee the accuracy of the Content and advises you to independently verify the accuracy of the information provided. LemonLandlord makes no guarantee, whether express or implied, that data will be available on any particular property or that the data obtained from the public record will be accurate.

THE SITE, THE CONTENT AND THE SERVICESARE PROVIDED "AS IS" AND "AS AVAILABLE." LEMONLANDLORD AND ITS SUPPLIERS (INCLUDING THIRD-PARTY CONTENT PROVIDERS AND OTHER SERVICE PROVIDERS) DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATEVER RELATING TO THE SITE, THE CONTENT AND THE SERVICES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WE MAKE NO GUARANTEE THAT THE CONTENT IS UP-TO-DATE, ACCURATE OR COMPLETE, AND YOU SHOULD NOT RELY ON IT FOR ANY DECISION OR TO TAKE ANY ACTION. WE HEREBY DISCLAIM ANY WARRANTY THAT THE SITE, THE SERVICES AND THE CONTENT WILL BE FREE OF INTERRUPTION, OR THAT THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

BY YOUR USE OF THE SERVICES, THE CONTENT OR THE SITE, YOU AGREE AND ACKNOWLEDGE THAT USE OF THE SERVICES, THE CONTENT AND THE SITE IS AT YOUR OWN RISK. NEITHER LEMONLANDLORD NOR ITS SUPPLIERS ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE CONTENT OR THE USE OF THE SERVICES OR THE SITE, OR WITH DELAY OR INABILITY TO USE THE SITE, WHETHER ARISING FROM CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY AND REGARDLESS OF WHETHER OR NOT LEMONLANDLORD KNOWS, SUSPECTS OR HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

TO THE EXTENT THAT ANY LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS UNENFORCEABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL LEMONLANDLORD, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR: (A) THE GREATER OF LOSSES OR DAMAGES IN EXCESS OF THE AMOUNT OF FEES ACTUALLY PAID BY YOU WITHIN THE THREE MONTHS PRIOR TO THE CLAIM OR THE MINIMUM AMOUNT REQUIRED UNDER APPLICABLE LAW; OR (B) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES.

10. Indemnity

As a condition of use of the Site or Services, you hereby agree to defend, indemnify, and hold harmless LemonLandlord (including its affiliates, officers, directors, employees, and agents) and its suppliers from and against any and all liabilities, expenses (including attorneys' fees) and damages resulting from claims arising out of or relating in any way to your use of the Services or the Site, including without limitation, any claims alleging facts, that if true, would constitute a breach by you of these Terms of Use, and any third party claim for misrepresentation, liable, slander, intentional interference with contractual relations, or any other claim related in any way to the Site, Content, Services, Reports or your used or reliance thereon.

11. Dispute Resolution

You agree that any claim or controversy arising out of or relating to the use of the Site, the Services or the Content, or to any acts or omissions for which you may contend LemonLandlord is liable, including but not limited to any claim or controversy (“Dispute”), shall be finally and exclusively settled by arbitration in Phoenix, Arizona. Such arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. In any arbitration, you will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non- prevailing party. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrator may be entered only in a state or federal court located in Maricopa County, Arizona, and you agree to submit to the jurisdiction of such court for that purpose. You and LemonLandlord agree that the arbitrator shall have limited authority to award damages such that the arbitrator shall not have the power to award damages in excess of those permitted under these Terms of Use and in no event more than actual compensatory damages. The agreement to arbitrate shall not be construed as an agreement or consolidation of arbitration under these Terms of Use with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. You also acknowledge and understand that, with respect to any Dispute, in the event we incur attorney fees or expenses in connection with the collection of sums owed to us by you under these Terms of Use, we shall be entitled to recovery of those fees and expenses from you.

12. Other Terms

These Terms of Use shall be subject to and construed in accordance with the laws of the State of Arizona, excluding its conflict or choice of laws principles. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including but not limited to the warranty disclaimers and liability limitations set forth above, and the remainder of these Terms of Use shall continue in effect. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in arbitration, judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

 

ⁱ LemonLandlord.com is wholly owned and operated by Profitacore, LLC, an Arizona Limited Liability Company