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TERMS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
Welcome to The Reinvestment
Fund, a Pennsylvania nonprofit corporation ("TRF"), policymap.com
website (the "Site"). The following terms of use ("Terms of Use")
govern your use of this Site. Please periodically review these Terms
of Use as TRF reserves the right to change these Terms of Use at any
time and your continued usage of this Site after such changes constitutes
your acceptance of the new Terms of Use.
BY REGISTERING OR BECOMING
A SUBSCRIBER OR BY ACCESSING, BROWSING, SAVING OR PRINTING ANY INFORMATION
OR OTHERWISE USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD,
AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO
ALL OF THESE TERMS OF USE, YOU ARE NOT PERMITTED TO ACCESS, BROWSE OR
OTHERWISE USE THIS SITE OR THE INFORMATION CONTAINED THEREIN.
PROHIBITED SUBSCRIBERS TO HOME SALE DATA
Our suppliers may have placed
restrictions on the redistribution of home sale information to certain
subscribers through PolicyMap. As a result, PolicyMap is prohibited
from providing home sale data to the companies listed below (unless
authorized by our suppliers with prior written approval).
By accessing home sale data
in PolicyMap, you acknowledge that you are not an employee of the following
mortgage originating institutions: Countrywide Financial Corp., Wells
Fargo Home Mortgage, Washington Mutual, Chase Home Finance, Bank of
America, CitiMortgage, Inc., GMAC-RFC, GMAC Residential Holdings, IndyMac
Bancorp, Inc., Wachovia, American Home Mortgage Investment, Golden West
Financial Corp./Wold, SunTrust Mortgage, Inc., National City Mortgage,
Aurora Loan Services, Inc. (AA), PHH Mortgage, ABN Amro Mortgage, First
Horizon Home Loans, GreenPoint Mortgage Funding, and MortgageIT.
You also acknowledge that you are not an employee of one of the following
companies: Acxiom, America Online (AOL), C&S Marketing, Choice Point,
CoStar Group, Database America, DataQuick, Data Warehouse, Dolan Information
Services, Domania, Donnelley, Experian, Equifax, Fidelity National Information
Services (FNIS), First Data Solutions, FIServ, FNC, Google, Haines,
InfoUSA, International Data Management (IDM), iPlace, Lending Tree,
Lexis/Nexis, MacDonald-Detweiler, MicroGeneral Corporation, National
Information Services, Polk, Seisint, Stewart Title/ Stewart Information,
SW Financial, Thompason-West Group, TransUnion, US Search, Veros and
Yahoo.
If you are an employee of one
of the above listed companies and wish to become a PolicyMap subscriber
with access to home sale data, please click here
to contact TRF. We will approach our suppliers
on your behalf.
STUDENT ACCESS TO POLICYMAP
If you purchase access to PolicyMap at a discounted student rate, you agree that you are a student actively
enrolled in a high school, college or university program. As detailed further in this user agreement, you
agree not to share your username or password with others. PolicyMap reserves the right to terminate your
subscription, without reimbursement, if you violate any of these terms.
LIMITED LICENSE
TRF grants you a non-exclusive,
non-transferable, non-sublicensable, limited license to access this
Site. You are authorized to use all included data text, graphics, data
search results and images, as well as all other information and materials
available on this Site (the "Content") for your internal business
purposes only, conditioned on your continued compliance with these Terms
of Use. Any other use, reproduction, modification, distribution or republication
of this Site or the Content without TRF.s prior written consent is
strictly prohibited. You agree that when using this Site you will abide
by and comply with all applicable laws, rules and regulations.
The foregoing license grant
does NOT include the right for you to:
- Market, sell or
make commercial use of the Site or any of its Content without the expressed
written consent of TRF;
- Systematically collect
and use any data or Content including the use of any data spiders, robots,
or similar data gathering, mining or extraction methods;
- Make derivative
uses of the Site or the Content; or
- Use, frame or utilize
framing techniques to enclose any portion of this Site (including the
images found at this Site or any text or the layout/design of any page
or form contained on a page) without the expressed written consent of
TRF.
Except for the limited license
granted to you, you are not conveyed any other right or license by implication,
estoppel, or otherwise in or under any patent, trademark, copyright,
or proprietary right of TRF or any third party. Any unauthorized use
of this Site or Content will terminate the permission or license granted
by these Site Terms and may violate applicable law including copyright
laws, trademark laws (including trade dress), and communications regulations
and statutes.
You warrant that you shall
not use the Site or its Content to develop any of the following or derivatives
thereof for general commercial redistribution or sale: any models or
analytics, including, but not limited to, predictive models (of any
type), automated valuation models, analytics or other programs or algorithms.
You agree and warrant that you shall not use any element or component
of the Site to create, replace, supplement or enhance any title, legal,
vesting, ownership or encumbrance report.
COPYRIGHT AND PROPRIETARY
RIGHTS
This Site, all Content, and
the selection and arrangement and compilation of information, and all
software used on this Site (collectively "Materials") is TRF.s
property or the property of TRF.s suppliers, sponsors, licensors or
affiliates (collectively, "Business Partners"), and are protected
by United States and international copyright law, trademark law, and
trade secret law, as well as other laws, rules and regulations. TRF
owns a copyright in this Site, in the Content, and the Material. Except
as expressly provided herein, neither TRF nor TRF.s Business Partners
grant any rights to you under any patents, copyrights, trademarks or
trade secret information. Accordingly, unauthorized use of this Site,
Content or Materials may violate patent laws, copyright laws, trademark
laws, trade secret laws, laws pertaining to privacy and publicity rights
or other laws or regulations.
All trade names, marks, logos,
page headers, custom graphics and button icons are the service marks,
trademarks, and/or trade dress of TRF or its licensors and may not be
copied, imitated, or used, in whole or in part, without TRF.s prior
written permission. You may not use, copy, reproduce, republish, upload,
post, transmit, distribute or modify any of the Trademarks in any way,
including in advertising or publicity pertaining to distribution of
materials on this Site, without TRF.s prior written consent. TRF prohibits
the use of any metatags or any other "hidden text" utilizing any
of the Trademarks without TRF.s prior written consent. TRF also prohibits
the use of any of the Trademarks as a "hot" link on or to
any other web site, unless TRF approves the establishment of such a
link in advance.
ACCOUNT MAINTENANCE AND
RESPONSIBILITY
Access to secured/password
protected areas of this Site are restricted to registered users and
subscribers hereinafter called "authorized users". To become an
authorized user you must register or pay a fee to subscribe as determined
by TRF depending on your selected subscription. By accessing any secured/password
protected area of this Site, you represent, warrant and covenant that
you are authorized to do so and to engage in the activities and communications
that you conduct thereunder. You agree to be solely responsible for
the confidentiality and use of your password or username, as well as
for any activities or communications conducted on this Site using your
password by yourself or any other person. Any registered user or subscriber
found sharing their password will have their access to PolicyMap terminated
immediately. Details regarding registration and subscription services
can be found in the "Subscribe" section of the policymap.com web
site.
If you wish to cancel a password
or username, or if you become aware of any loss, theft or unauthorized
use of a password or username, please notify TRF immediately. TRF reserves
the right to delete or change any password or username at any time,
should, in TRF.s judgment, a breach occur.
USER SUBMITTED CONTENT (exclusive
of data)
You are solely responsible
for any, comments, feedback, suggestions, ideas or other submissions
that you post to this Site or send to other policymap.com users ("User
Materials"). You may not submit, post, distribute, or reproduce in
any way any copyrighted material, trademarks, or other proprietary information
without obtaining the prior written consent of the owner of such proprietary
rights. You may not submit any information, or material that infringes,
misappropriates or violates the intellectual property, publicity, privacy
or other rights of any party. You agree to not purposely provide false
or misleading information on the Site.
All User Materials are considered
to be non-confidential. By submitting any such User Materials, you automatically
grant (or warrant that the owner of such User Materials has expressly
granted) to TRF a royalty-free, transferable, perpetual, irrevocable,
worldwide, nonexclusive right and license to use, reproduce, publish,
edit, translate, distribute, perform, and display the User Materials
in any media or medium, or any form, format, or forum now known or hereafter
developed.
TRF does not and cannot review
all User Materials posted to this Site and is not responsible for these
User Materials or for their accuracy. However, TRF reserves the right
to block or remove User Materials that TRF determines, in TRF.s sole
discretion, to be (i) threatening, abusive, libelous, defamatory, inflammatory,
or obscene, (ii) fraudulent, deceptive, or misleading, (iii) in violation
of the copyright, trademark, or other intellectual property rights or
other rights of another, (iv) in violation of any applicable local,
state, Federal or international law or regulation, or (v) offensive
or otherwise unacceptable. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION
CONTAINED IN OR PROVIDED THROUGH THIS SITE SHOULD NOT BE CONSTRUED AS
PROFESSIONAL ADVICE OR INSTRUCTION AND DOES NOT NECESSARILY REFLECT
TRF.S OPINIONS OR THE OPINIONS OF TRF.S BUSINESS PARTNERS.
CONFIDENTIALITY ON THE INTERNET
Use of the Internet is solely
at your own risk and is subject to all applicable laws, rules and regulations.
TRF is not responsible for the security of any information transmitted
over the Internet. You assume all risks in transmitting material to
or from this Site and must make your own determination as to these matters.
TERMINATION
If you violate any provision
of these Terms of Use, your permission to use this Site, the Content
or the Materials shall automatically terminate. TRF may change, suspend
or terminate your account or your use of all of part this Site at any
time as TRF deems appropriate.
MODIFICATION
TRF reserves the right to modify
or discontinue the Site, Content, Materials or any portion of either,
or the offering of any information, good, Content or product with or
without notice. TRF shall not be liable to you or any third party should
TRF exercise its right to modify or discontinue the Service or part
of it.
ADVERTISEMENTS AND LINKS
TO OTHER SITES
TRF, in our sole discretion,
may post the advertisements or other materials of third parties on this
Site. Your correspondence or any other dealings with advertisers found
on this Site are solely between you and such advertiser. You agree that
TRF shall not be responsible for any loss or damage of any sort incurred
as a result of any such dealings or as the result of the presence of
such advertisements on this Site. Moreover, TRF shall not be responsible
or liable for the statements or conduct of any such advertisers on this
Site.
This Site may contain links
to other web sites. These links are provided solely as a convenience
to you and not as an affiliation, endorsement or adoption by TRF of
such linked web sites or the Content thereof. TRF is not responsible
for the Content of any linked sites and does not make any representations
regarding the Content or accuracy of materials on any linked sites.
If you decide to access any linked site, you do so at your own risk.
When leaving this Site you should be aware that TRF.s terms and policies
may no longer govern, and, therefore, you should review the applicable
terms, conditions and policies, including privacy and data-gathering
practices, of each linked site.
DIGITAL MILLENNIUM COPYRIGHT
ACT COMPLIANCE
TRF complies with the provisions
of the Digital Millennium Copyright Act (DMCA) applicable to Internet
service providers (17 U.S.C. � 512). If you believe that your work
has been copied and has been posted to this Site in a way that constitutes
copyright infringement, please provide TRF 's copyright agent the following
written information:
- An electronic or
physical signature of the person authorized to act on behalf of the
owner of the copyright interest;
- A description of
the copyrighted work that you claim has been infringed upon;
- A description of
where the material that you claim is infringing is located on the Site;
- Your address, telephone
number, and e-mail address;
- A statement by you
that you have a good-faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law;
- A statement by you,
made under penalty of perjury, that the above information in your notice
is accurate and that you are the copyright owner or authorized to act
on the copyright owner's behalf.
- Before sending a
notice to TRF, you should confirm that you are the copyright owner or
have rights to the copyright which the DMCA requires. Contact information
for TRF 's Copyright Agent for notice of claims of copyright infringement
is provided below.
Attn: DMCA Agent
TRF
DISCLAIMERS
YOU EXPRESSLY AGREE THAT USE
OF THE SITE, THE CONTENT AND MATERIALS IS AT YOUR SOLE RISK. THIS SITE,
THE CONTENT AND THE MATERIALS ARE PROVIDED ON AN "AS-IS" AND
"AS AVAILABLE" BASIS. TRF IS NOT RESPONSIBLE FOR PRINTING
OR TYPOGRAPHICAL ERRORS.
NEITHER TRF NOR ANY OF TRF.S
BUSINESS PARTNERS REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED
OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; WHILE TRF
AND ITS PARTNERS HAVE WORKED DILIGENTLY TO PROVIDE YOU WITH SOUND, ACCURATE
AND REASONABLE DATA, NEITHER TRF NOR ITS BUSINESS PARTNERS MAKE
ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, CURRENCY,
QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE, DATA, CONTENT OR MATERIALS
AVAILABLE ON OR THROUGH THIS SITE.
TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, TRF AND EACH OF TRF.S BUSINESS PARTNERS
DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATIONS OF LIABILITY
IN THE EVENT OF ANY PROBLEM
WITH THIS SITE, CONTENT OR MATERIALS YOU AGREE THAT YOUR SOLE REMEDY
IS TO CEASE USING THIS SITE.
UNDER NO CIRCUMSTANCES SHALL
TRF OR ANY OF TRF.S BUSINESS PARTNERS, OR ANY OF OUR OR THEIR RESPECTIVE
OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES,
OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING OR
DISTRIBUTING THIS SITE OR ANY PART THEREOF ("COVERED PARTIES"),
BE LIABLE FOR ANY, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT
OR SPECIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THIS SITE OR ANY
CONTENT MADE AVAILABLE ON OR THROUGH IT, WHETHER UNDER A THEORY OF BREACH
OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In the event
that TRF is liable for any damages arising in connection with this Site
or any Content made available on or through it, the aggregate liability
of TRF shall not exceed fifty percent (50%) of the amounts actually
paid to TRF by you for your use of the Site and Content, if any, for
the one-month period preceding the first event that gave rise to the
claims.
APPLICABLE LAW MAY NOT ALLOW
THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, SO THESE LIMITATIONS OF
LIABILITY MAY NOT APPLY TO YOU.
THE LIMITATIONS OF LIABILITY
SET FORTH IN THIS AGREEMENT ARE INDEPENDENT AND SHALL SURVIVE ANY FAILURE
OF ANY REMEDY (EXCLUSIVE OR OTHERWISE).
INDEMNIFICATION
AND WARRANTIES
You agree to defend, indemnify
and hold TRF harmless from and against any claims, actions, demands,
liabilities, losses or damages (including reasonable legal and accounting
fees) arising out of or related to your use of this Site or the Content,
any violation of these Terms of Use by you, or any violation of any
rights of any person or entity by you. TRF shall provide notice to you
promptly of any such claim, suit, or proceeding and shall reasonably
cooperate with you, at your expense, in your defense of any such claim,
suit or proceeding.
CHOICE OF LAW, WAIVER AND
CLAIMS
These Terms of Use shall be
governed by the laws of the Commonwealth of Pennsylvania without regard
to its conflict of law provisions. All disputes that may arise between
you and TRF shall be filed only in state or federal court located in
Philadelphia, Pennsylvania and you hereby irrevocably and unconditionally
consent and submit to the exclusive jurisdiction of such courts over
any suit, action or proceeding arising out of these Terms of Use. TRF
's failure to exercise or enforce any right or provision of the Terms
of Use will not be deemed to be a waiver of such right or provision.
If any provision of these Terms of Use is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to modify such provision to give effect to the
parties' intentions as reflected in the provision, and the other provisions
of these Terms of Use remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the Services must be filed
within one (1) year after such claim or cause of action arose or be
forever barred.
A printed version of these
Terms of Use and of any related notice given in electronic form shall
be admissible in 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.
EVENTS BEYOND OUR CONTROL
You absolve and release TRF
and its Business Partners from any claim of harm resulting from any
cause beyond TRF.s control, including, but not limited to, failure
of electronic or mechanical equipment or communication lines, telecommunications
or other interconnect problems, computer viruses or other damaging code
or data, unauthorized access, theft, operator errors, severe weather,
earthquakes, natural disasters, strikes or other labor problems, wars,
or governmental restrictions.
MISCELLANEOUS
You may not assign, transfer
or delegate your rights or obligations hereunder, in whole or in part,
without TRF.s prior written consent. These Terms of Use shall be binding
upon and inure to the benefit of each of us and our respective successors
and permitted assigns.