Terms and Conditions
Propy, Inc., is a Delaware corporation that promotes the sale and purchase of real estate. Propy refers to this website as the “Propy Website™”. Any person accessing or using the Propy Website is referred to as “you”.
2. Acceptance of Terms
3. General Use of The Propy Website
– except with the express written permission of Propy, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another webpage, use on any other, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Propy Website, including without limitation, engaging in the practices of “screen scraping” , “database scraping” , or any other activity with the purpose of obtaining lists of users or other information;
– damage, disable, overburden, or impair the Propy Website or interfere with any other party’s use and enjoyment of the Propy Website;
– obtain or attempt to obtain any materials or information through any means not made readily accessible by Propy through the Propy Website.
b. Except with the express written permission of Propy, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Propy Website.
c. Except with the express written permission of Propy, you agree that you will not create links from any Website or Webpage to any page within the Propy Website; provided however upon prior written notice to Propy at email@example.com, you may create a link directly to the Propy Website home page. The origin of any link to the Propy Website home page must be accompanied by a clear and prominent attribution indicating that the link is connected to the Propy Website home page. By creating a link to the Propy Website, you agree that (a) you will not employ any technology that results in the placement of content from the Propy Website in a frame and/or a reduced pop-up window and/or any other display mechanism which changes appearance of the Propy Website from how it would appear if a user typed the URL in a typical browser line, (b) your site shall not display content or link to other websites that contain content that is illegal, obscene, indecent, disparaging, discriminating or otherwise offensive, (c) you have duly registered your domain name and possess all rights necessary to use the same, and (d) you shall not in any manner access, collect, store, disclose, transfer or use any information obtained or derived from a user’s access to or use of the Propy Website. Propy reserves the right to revoke your permission to create such link at any time in its sole discretion and you agree to immediately cease using the link at any time that Propy so requests.
e. The Services provided through the Propy Website may also be located on third party websites or applications, via a link, click-through advertising, or otherwise. Nothing contained in any of these Services is an offer or promise by Propy to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, Propy does not make any representation or warranty with respect to such third party Services, and is not responsible for their accuracy, sufficiency, veracity, completeness, or timeliness. You are responsible for confirming the sufficiency and reliability of any third party Services, and you hereby release Propy from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such Services. Further, please note that certain of the interactive Services may be financial or mortgage tools that provide information and customized information based on user-inputted data. These tools are for the purpose of performing calculations, and are not an offer to lend. Interest rates shown are for demonstration purposes only. Actual market interest rates may vary.
f. You acknowledge that Propy is not a real estate broker, mortgage broker or mortgage lender, and Propy does not aid or assist borrowers in obtaining, solicit borrowers or lenders for, negotiate or make loans secured by liens on real property.
g. Please note that you may be subject to additional and/or different terms, conditions, and privacy policies when you use third party Services, Content (as defined below), software or sites.
4. Content Contained in the Propy Website
a. The Propy Website and all of its contents including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on the Propy Website (collectively, “Content”) is owned by Propy and/or third parties with all rights reserved unless otherwise noted. Propy grants you a limited license to access and use the Propy Website and Content solely for informational, personal and non-commercial purposes (including printing individual pages from the Propy Website provided that you retain all copyright and other proprietary notices contained thereon). You are strictly prohibited from downloading (other than page caching) modifying, or making any other use of the Propy Website or Content, except with express written consent of Propy. You understand that all third party Content posted on, transmitted through, or linked from the Propy Website, is the sole responsibility of the third party originator of such Content. Content is provided through the Propy Website AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall Propy be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services.
b. You acknowledge that Propy does not screen or approve third-party Content, and that Propy shall have the right (but not the obligation) in its sole discretion to refuse, modify, delete or copy any Content that is available via the Propy Website, for any reason.
5. Content You Provide
To the extent that you post, upload, input, submit or otherwise transmit (collectively, “Transmit” or “Transmitting” as appropriate) Content on or through the Propy Website, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via the Propy Website. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others’ interests in such Content to Propy as provided below.
a. You promise that you will not use the Propy Website to transmit any Content:
– not related to appropriate subject matters;
– which is misleading to others, including consumers;
– that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
that you do not have a right to post and transmit under any law or under contractual relationships;
– such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
and materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
b. You will not use Propy Website to intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.
c. By Transmitting Content to the Propy Website, you grant, and you represent and warrant that you have the right to grant, to Propy an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses of the foregoing. Furthermore, by posting Content to any public area of the Propy Website, you grant Propy all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Propy Website by any party for any purpose.
e. Personal information. We will require you to provide certain information about yourself and we may, in our sole discretion, require you to provide further information and/or documents at any stage during your use of Propy Website. We may, in our sole discretion, refuse, decline, suspend or disable your access or use of Propy Website.
You acknowledge and agree that for undertaking any transaction through the Propy Website, we may undertake customer due diligence measurers, pursuant to which we may seek mandatory information as required for Know-Your-Customer (“KYC”) verifications, which as a customer you are obliged to give in accordance with applicable law and regulations. You agree and acknowledge that we can undertake enhanced due diligence measures (including any documentation), to satisfy itself relating to customer due diligence requirements in line with the requirements and obligations under applicable laws and regulations.
By using the Propy Website, you provide consent for using of your personal data or sensitive personal data as defined under applicable law, and to source your data or information from any source or public registry as may be necessary to complete your profile or your application on the Propy Website, conduct due diligence, assess your eligibility for the product or service, and/or undertake KYC checks to process your application through the Website. Your personal data may be used or shared with third parties, including but not limited to our vendors, service providers, analytics and research partners, with the sole objective of compliance with applicable law and regulations and proving your identity. We shall adhere to best industry practices including information security, data protection and privacy law while processing such applications. However, we shall not be liable to you against any liability or claims which may arise out of such transactions as any such personal data is being collected, used, processed and shared with your explicit consent.
7. Mortgage-Related Disclosure
a. This disclosure statement pertains to the conduct of Propy, including services Propy provides, in connection with the mortgage loan industry and websites and mobile applications operated by Propy.
b. Propy does not confirm, and does not make or give any guarantee regarding:
(i) any information in any request for, or in any request to be contacted about, a quote, pre-qualification, pre-approval, loan commitment, loan or loan-related document, nor
(ii) any information about any consumer, potential borrower or other person who submits or is the subject of an Inquiry, nor
(iii) any information about, or in any rating of or feedback about, any advertiser, lender, broker or mortgage or loan professional.
c. Propy does not guarantee any information provided by any borrower, any specific loan terms and conditions offered by an advertiser, lender, broker or mortgage professional, or that any person will be offered or able to obtain any particular rates, loan, loan application, quote, pre-qualification, pre-approval, loan commitment or loan-related transaction.
d. Propy is not a lender, mortgage broker, loan originator, loan processor or underwriter. Propy does not aid or assist in obtaining loans or loan applications, nor in setting or negotiating any terms thereof, nor in making loan or loan application decisions.
e. Propy does not offer loans and does not solicit or participate in the solicitation of loans or loan applications.
f. Propy does not take applications for loans or credit nor issue or participate in the issuance of pre-qualifications or pre-approvals.
g. Any request for, inquiry about or agreement to receive or be contacted about loans, loan applications, quotes, pre-qualifications, pre-approvals, loan commitments or loan-related transactions by any consumer or person (e.g., by way of advertisements on websites or mobile apps operated by Propy) is not, and will not be responded to by Propy as, an order, application, offer or transaction for any credit, loan, loan application, quote, pre-qualification, pre-approval, loan commitment or loan-related transaction or other loan or credit product.
h. Propy does not endorse or recommend any lender, any borrower nor any of the products, rates or offerings of any lender, broker or mortgage professional.
i. Nothing contained in any mortgage-related ad or other ad is an offer to provide, or a solicitation for, any loan, loan application, quote, pre-qualification, pre-approval, loan commitment or loan-related transaction.
j. Propy is not an agent of any consumer or borrower nor of any advertiser, lender, broker or mortgage or loan professional.
k. Propy sometimes may provide advertising services, services to facilitate contact when consumers wish to be contacted by lenders, mortgage brokers or other loan professionals and/or other like services relating to use of the website or mobile application Propy operates.
l. Decisions regarding loans, loan applications, quotes, pre-qualifications, pre-approvals, loan commitments or loan-related transactions are not made by Propy but are made by lenders, brokers or other loan professionals which might include participating advertisers of Propy.
m. Propy does not make or give any guarantee regarding, and assumes no responsibility for, any such decisions, nor any acts or omissions of lenders, brokers or other loan professionals, nor any result or consequence (direct or indirect) of any business transaction (actual, proposed or discussed) or related communications between lenders, brokers or other loan professionals and any other person, nor any rates, information or other content on or accessible through any website or application that did not originate solely from Propy.
n. The foregoing disclosures reflect Propy’s good faith conclusions regarding the subject matter of such disclosures, and Propy takes no responsibility for, and shall have no liability as a result of or in connection with, any assertions, findings or conclusions that might be made, adjudicated, established or otherwise reached by anyone other than Propy, nor any actual or alleged inaccuracy of or other fault with any such disclosures.
8. Brokers, Agents and Users
b. Propy will list Agent’s real estate listings on its Platform. Each listing is uploaded on the Platform manually by the Agent.
c. Propy will use its commercially reasonable efforts to advertise the Agent’s Listings in international search engines and social media.
d. The Agent shall send written notice to the Propy for the following sale transactions: 1. Receiving a deposit payment, 2. Signing property purchase agreement.
e. The Agent and the Purchaser of the property shall indemnify, save, defend, keep and hold harmless Propy from any and all loss, damage, cost, charge, liability, cost of litigation, or other expense, including without limitation attorneys fees and court costs, arising out of its obligations and duties, including but not limited to (i) disputes arising or concerning amounts of money to be paid, (ii) funds available for such payments, (iii) 2 persons to whom payments should be made or (iv) any delay in the electronic wire transfer of funds, as the Provider, unless the Propy’s actions constitute gross negligence or willful misconduct.
f. License. Solely to enable this site to use the information with which you supply us, and so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in your information, in any media now known or not currently known, with respect to your information.
g. Privacy. Please see Your Privacy Rights on the Propy Website which is incorporated herein by reference.
The Services are currently subscription-based. You agree to pay all applicable fees in connection with your subscription including any applicable taxes that we do not collect on your behalf. If you decide to activate a Subscription Service, you authorize Propy to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic subscription fee to your account.
You must have a credit card to subscribe to the Services unless we otherwise agree in writing. Your credit card will be automatically charged for all fees incurred under your subscription and you agree that we are not required to send you any advance notice or confirmation that your credit card has been charged. If we are unable to charge a payment to your credit card or are otherwise unable to obtain payment for Services when due, we can immediately suspend or terminate your access to the Services until we receive payment from you.
Current fees for individual subscriptions will be posted on the Propy Website, but special fee arrangements agreed with a specific contract will not be posted.
We reserve the right to modify our fees at any time for any reason upon notice to you through posting on the Propy Website or notification by email. Any increase in fees will be prospective only, beginning with the next subscription period.
Propy reserves the right to implement other pricing models in the future. We may add other services for which we may charge additional fees. We will not charge you for such additional services without first obtaining your consent.
You may cancel your subscription by contacting us at firstname.lastname@example.org.
10. Integrated payments solution and functionality
Buyers or Escrow Companies who are VCRs (Verified Customer Record):
Sellers or Real Estate Agents who are ROs (Receive Only Users):
11. General Terms
c. Breach. Without limiting any of our other remedies, we may immediately remove your property marketings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
e. Legal Compliance. You shall comply with all applicable local, state, federal and international laws, statutes, ordinances and regulations regarding your use of Propy and your deposit, solicitation of offers to purchase, and purchase of property.
12. Disclaimer of Warranties
You Expressly Understand and Agree That: Your Use of and Reliance upon Any and All of the Propy Website, Services And/or Content Is at Your Sole Risk and Is Made Available on an “As Is” and “As Available” Basis. Propy Makes No Express or Implied Representations, Warranties, or Guarantees with Regard to the Appropriateness, Accuracy, Sufficiency, Correctness, Veracity, Value, Completeness, or Timeliness of the Propy Website, Services And/or Content. Propy Expressly Disclaims All Warranties of Any Kind, Whether Express or Implied, Including, but Not Limited to the Implied Warranties of Merchantability, Fitness for a Particular Purpose and Non-infringement.
14. Limitation of Liability
In No Event Shall Propy Be Liable for Any Direct, Indirect, Punitive, Incidental, Special, Consequential Damages or Any Damages Whatsoever Including, Without Limitation, Damages for Loss of Use, Data or Profits, Arising out of or in Any Way Connected with the Use or Performance of the Propy Website, with the Delay or Inability to Access or Use the Propy Website or Related Services, the Provision of or Failure to Provide Services, or for Any Content, Software, Products and Services Made Available or Obtained Through the Propy Website, or Otherwise Arising out of the Use of the Propy Website, Whether Based on Contract, Tort, Negligence, Strict Liability or Otherwise, Even If Propy Has Been Advised of the Possibility of Damages. Any Services or Content Made Available or Obtained Through the Use of the Propy Website, and All Other Use of the Propy Website, Is Done at Your Own Discretion and Risk and You Will Be Solely Responsible for Any Damage to Your Computer System or Loss of Data That Results Therefrom.
15. Class Action Waiver
Any Dispute Resolution Proceedings Will Be Conducted Only on an Individual Basis and Not in a Class or Representative Action, or as a Named or Unnamed Member in a Class, Consolidated, Representative or Private Attorney General Legal Action. Your Access and Continued Use of Propy Signifies Your Explicit Consent to this Waiver.
16. By agreeing to these Terms, you represent and warrant that:
(i) You are at least 18 years of age;
(ii) You have the full right, power, and authority to agree to these Terms;
(iii) You are not subject to any financial sanctions, embargoes or other restrictive measures imposed by the United Nations, European Union, any European Union country, HM Treasury of the United Kingdom or United States’ Office of Foreign Assets Control (OFAC), or any governmental authority in any jurisdiction in which Propy platform is available;
(iv) You are not a citizen or resident of any of the following countries: Belarus, Central African Republic, Cote d’Ivoire (Ivory Coast), Cuba, Democratic Republic of the Congo, Iran, Iraq, Lebanon, Liberia, Libya, Myanmar (Burma), North Korea, Somalia, Sudan, Syria, Zimbabwe.
(v) You are not impersonating any other person;
(vii) You are compliant with all Applicable Laws to which you are subject;
17. Non-fungible tokens (“NFTs”)
Apart from the Content, all other copyrights, trademarks, product names, and logos relating to and including the NFTs and User Content, are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable intellectual property right owner.
When you buy an NFT associated with a property, you will own the NFT and have the right to sell or give away the NFT according to the terms and conditions specified in the operating agreement.
18. Limitation of Services / Account Closure / Termination
We reserve the right, without notice and in our sole discretion, to terminate or suspend your access to or use of the Site and any Content and/or close your Account, at any time for any reason but in particular, if we suspect in our sole discretion that:
(i) your Account is being used for illegal activity;
(ii) you have concealed or provided false information;
(iii) you have engaged in fraudulent activity; and/or
(iv) you have engaged in activity in violation of these Terms.
You understand and agree that the use of NFT is subject to certain risks including without limitation:
(i) Price and liquidity of blockchain assets, including the NFTs, are extremely volatile and may be subject to fluctuations.
(ii) Fluctuations in the price of other digital assets could materially and adversely affect the NFTs;
(iii) Legislative and regulatory changes or actions may adversely affect the use, transfer, and value of the NFTs;
(iv) NFTs are not legal tender and are not back by any government;
(v) Transactions involving NFTs may be irreversible, and losses due to fraudulent or accidental transactions may not be recoverable.
(vi) The value of NFTs may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for NFTs, and therefore the value of NFTs is subject to the potential for permanent or total loss of value should the market for NFTs disappear.
(vii) NFTs are subject to the risk of fraud, counterfeiting, cyber-attacks and other technological difficulties which may prevent access to or use of your NFTs.
You understand and agree that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself. Propy does not give any advice or recommendations regarding the NFTs. You understand and agree that you access and use NFTs at your own risk. You understand and agree that Propy will not be responsible for any communication failures, disruptions, errors, or distortions you may experience when using the NFTs or the Propy Website.
You agree that you are solely responsible for determining what, if any, taxes apply to your transactions, including NFT transactions. Neither Propy nor any other Propy Party is responsible for determining the taxes that may apply to your transactions, including your NFT transactions.
All materials on the Propy Website (as well as the organization and layout of the Propy Website) are owned and copyrighted or licensed by Propy, its corporate affiliates or its third-party vendors. © Propy, Inc. 2021, all rights reserved. No reproduction, distribution, or transmission of the copyrighted materials on the Propy Website is permitted without the written permission of Propy. Any rights not expressly granted herein are reserved.
Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement should be sent to Propy’s Designated Agent set forth below. All inquiries must be filed in accordance with Title 17, United States Code, Section 512.
Effective May 1, 2021