T. 347.438.0242
F. 718.939.4006
These are the conditions and terms of agreement between both parties, Accuriz LLC
and you the customer. By accepting Accuriz’s service, you acknowledge that you have
read, understand and agree to the terms and conditions set forth.
This Terms and Conditions Agreement ("Agreement") identifies what you can expect
from Accuriz LLC. and Accuriz LLC expects from you. These terms and conditions apply
to your purchase of any service offered by Accuriz LLC.
If you do not agree, we can not allow you to subscribe or continue to use our service.
1. Description of our Service ("Service"):
This web site references data that is obtained from governmental
sources. There may be errors in the data that are a result of the conversion
of one format to another. As such we are not responsible for erroneous data. We
do not warranty or certify that data collected from various governmental sources
is 100% accurate. If official records are sought, one must obtain those records
from the identified municipality situated within the State of New York. If the data
regarding your property is incorrect please e-mail us at
faq@accuriz.com. Privacy Statement copyright 1998
to 2008. All rights reserved.
2. Renewal: Your account will not be automatically renewed for one month or one
year, depending on the term you initially select, on the anniversary date of your
enrollment you will be notified to sign-up for another term.
3. Cancellation: There is no long-term commitment with Accuriz LLC. You can cancel
at any time by calling us at 1-718-461-1310 and notifying us of your intention to
cancel or email us at cancel@uspdr.com. If you are an annual subscriber, we will
not refund any unused amount.
4. Privacy Policy: We respect your privacy. Please see on http://www.Accuriz LLC.com/privacy
or on the "COMODO" button on the home page of our website to review our Privacy
Policy, the terms and conditions of which are incorporated into this Agreement.
If you do not have access to the website location, please inform us so that we may
provide you a hard copy. You agree to accept the terms of the Privacy Policy as a
condition of acceptance of this Agreement.
5. Information Sharing: In order to fulfill our services, Accuriz LLC must provide
your personal identifying information with third parties including, but not limited
to: Master Card and Visa, or other credit card processing as may become appropriate.
You agree that Accuriz LLC may provide your information to these third parties.
Therefore, you waive any and all claims against Accuriz LLC for the acts and omissions
of these companies with regard to the use or disclosure of such information.
6. Refusal of Service: We will determine whether or not to accept you as a client
and provide to you the Service, and we may refuse to provide to you our Service
for any reason. These reasons include, but are not limited to, credit review, the
unavailability of the Service, and errors in the prices and descriptions pertaining
to the Service.
7. Payment Terms/Taxes: Payment for the Service may be made by bank cards or other
mutually agreed upon payment instrument. You are personally responsible for any
applicable state and/or federal sales or other taxes that may be associated with
the purchase of our Service.
8. Authorization: By accepting these terms and conditions, you expressly authorize
Accuriz LLC's authorized employees to: complete and execute on your behalf documents
required to provide the Service.
9. Disclaimers and Limitation of Liability: Accuriz LLC assumes no responsibility
for errors or omissions in the information or other documents which are referenced
by or linked to Accuriz LLC's web site. As noted above, and except as otherwise
set out herein, we will not be liable for any special, incidental, indirect or consequential
damages of any kind, nor any damages whatsoever other than as set forth in our Service
Guarantee. Accuriz LLC will not be liable for any failure or delay resulting from
fire, explosion, flood, storm, act of God, government acts, orders or regulations,
hostilities, civil disturbance, strike, labor difficulties, machinery breakdown,
Internet or telecommunications failure, or any other similar event beyond the reasonable
commercial control of Accuriz LLC.
10. Governing Law: This agreement and any Service provided hereunder will be governed
by the laws of the state of New York, without regard to any New York laws that would
direct the choice of another state's laws and, where applicable, to be governed
by the federal laws of the United States. Subject to paragraph 12 (which provides
for arbitration of claims between us to the maximum extent possible), you irrevocably
and unconditionally consent to submit to the exclusive jurisdiction of the federal
or state courts in the State of New York for any dispute or litigation arising out
of, or relating to, the use or purchase of any Service from Accuriz LLC, and waive
any objection to the laying of venue of any such litigation in New York courts and
agree not to claim that such litigation brought therein has been brought in an inconvenient
forum; in other words, if we have a dispute, you agree to resolve it in an New York
court.
11. Arbitration: Both you and we agree that any dispute, controversy or claim arising
out of, or relating to, any interpretation, construction, performance or breach
of this Agreement or the Service shall be settled by confidential arbitration ,
in accordance with the American Arbitration Association’s ("AAA")Commercial Arbitration
Rules (including without limitation the Supplementary Procedures for Consumer-Related
Disputes) then in effect. The arbitrator may grant injunctions or other relief in
such dispute or controversy. A single arbitrator with knowledge of electronic commerce
will conduct the arbitration and the parties will mutually agree upon such arbitrator.
In the event that the parties have not agreed on an arbitrator within thirty (30)
days of the date of the notice of intention to arbitrate, the arbitrator will be
selected by AAA from its list of commercial arbitrators. The arbitrator will conduct
a single hearing no longer than one day in duration for the purpose of receiving
evidence and will render a decision within fifteen days after the conclusion of
the hearing. The decision of the arbitrator will be final, conclusive and binding
on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision
in any state or federal court. Although the cost of the arbitrator will be borne
by Accuriz LLC, all other expenses of arbitration will be paid by the party who
incurred them. These expenses are not part of our Service Guarantee. In addition
to, and separate and apart from, the above agreement to arbitrate any dispute, controversy
or claim arising out of, or relating to, any interpretation, construction, performance
or breach of this Agreement or the Service, you also agree that you will not participate
in any way in any class action in connection with any such dispute, controversy
or claim, either as a class representative plaintiff or as a member of a putative
class.
12. Change of Terms: We may revise this Agreement at any time. However, we may not
make any changes retroactive. We will notify you of any changes at the e-mail address
or mailing address associated with your account. If you do not contact Accuriz LLC
and express your objection to our changes within thirty (30) days of receiving this
notice, you shall be deemed a continuing use client and agree to be bound by any
such revisions.
If you fail to comply with any of these terms and conditions, we may at any time
terminate your rights under this Agreement at our sole discretion and without prior
notice. However, we may not void our responsibilities under our Service Guarantee
for damages that arise prior to any termination by us of the Service Guarantee.
13. Indemnification: You agree to indemnify, defend and hold Accuriz LLC and any
of its affiliates and all of their agents, directors, employees, information providers
and licensor'sand licensees harmless from and against any and all liability and
costs (including attorneys' fees and costs) incurred by any of these parties in
connection with any claim arising out of any willful or intentional breach by you
of these terms and conditions. In the event that either (a) you are the subject
of claims for which you properly seek damages from us under these terms and conditions,
or (b) we are subject to any claim for which we have the right to be indemnified
by you, we reserve the right at our expense in the case of claims in clause (a)
and at your expense in the case of claims in clause (b), to assume the exclusive
defense and control of any such claim, and you will not in any event settle any
such claim without our written consent.
14. Trademarks, Copyrights and Restrictions: Accuriz LLC and the Accuriz LLC logo
are trademarks of Accuriz LLC. Everything you see in any promotional materials is
copyrighted by Accuriz LLC unless otherwise specified. All other product names and
company logos found on promotional materials are the trademarks of their respective
owners. All promotional materials are protected by copyrights, which are owned or
licensed by Accuriz LLC. You may not reproduce, perform, create derivative works
from, republish, upload, post, transmit, or distribute in any way whatsoever any
Accuriz LLC information without the express, written consent of Accuriz LLC.
15. Miscellaneous: These terms and conditions may not be altered, supplemented,
or amended by you by the use of any other document(s). Any attempt to alter, supplement
or amend this document or to enter an order for the Service which is subject to
additional or altered terms and conditions will be null and void, unless agreed
to in writing and signed by you and Accuriz LLC. The section headings used herein
are for convenience of reference only and do not form a part of these terms and
conditions, and no construction or inference will be derived therefrom. If any provision
of this Agreement is held to be unenforceable for any reason, such provision shall
be reformed only to the extent necessary to make it enforceable and shall not affect
the enforceability of any other provision.
16. Description of your obligations: You agree that you are only providing your
own personal information and not the information of any other individual. You agree
that the information you provide during the registration process and any subsequent
information you provide to Accuriz LLC will be true, accurate, and current. YOU
ARE OBLIGATED TO CONTACT ACCURIZ LLC CLIENT SERVICES IN THE EVENT THAT ANY INFORMATION
YOU HAVE PROVIDED ACCURIZ LLC HAS CHANGED. You agree to comply with all applicable
laws and regulations and that you are buying the Service for your own use only.
You agree that you are eighteen (18) years of age or older.
You agree to pay us the fee we publish for our Service, less any discounts to which
you may be entitled.
17. Agreement Assent: YOU AND ACCURIZ LLC HAVE ENTERED INTO THIS AGREEMENT, WHETHER
ELECTRONICALLY, BY RECORDED VOICE AUTHORIZATION, OR VIA PHYSICAL COPY, INTENDING
TO BE BOUND BY YOUR ACCEPTANCE OF THE AGREEMENT. IN THE FUTURE, YOU AGREE TO BE
BOUND TO THESE SPECIFIC TERMS AND CONDITIONS OF SALES, AND MODIFICATIONS TO THIS
AGREEMENT, BY CONTINUING TO USE OUR SERVICE AFTER WE HAVE NOTIFIED YOU OF THOSE
TERMS AND CONDITIONS. NOTIFICATIONS, OR ANY OTHER COMMUNICATIONS, INCLUDING BILLING,
PAYMENT, AND/OR DISCLOSURES WILL BE MADE VIA THE MAIL, TELEPHONE, OR EMAIL ADDRESS
ASSOCIATED WITH YOUR ACCOUNT. THIS AGREEMENT MAY BE PRINTED OR RETAINED BY YOU FOR
FUTURE REFERENCE.
18. You may withdraw your acceptance of this agreement at any time by notifying
Accuriz LLC Client Services by phone or in writing. Upon notification of your withdrawal
of acceptance, Accuriz LLC will cancel your service.
19. Acknowledgment: The Agreement, including all documents referred to herein, represents
the entire understanding between you and Accuriz LLC regarding your relationship
with Accuriz LLC and supersedes any prior statements or representations. When using
or purchasing the Accuriz LLC Service, you agree to be bound by these terms and
conditions. Thank you for your business.
Revised December 1, 2007