Terms of Use

These Terms of Use are entered into by and between you and PropertyKey.com, Inc., dba PropertyKey (the “Company,” “we,” “our,” or “us”). The following Terms of Use, together with any documents they expressly incorporate by reference, including but not limited to the Company’s Privacy Policy, govern your access to and use of PropertyKey.com and other sites to which you may be linked or forwarded within the PropertyKey.com domain, including the Company's blog, support and knowledge base sites (collectively the “Website”).

Please read the Terms of Use carefully before you start to use the Website. By signing below or by using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, both of which are found at PropertyKey.com. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

1. What we provide
To those who accept these Terms of Use, the Company will provide online access to and use of iMapp, PropertyKey PRO, support and training, and/or other products and services the Company develops and makes available over time (collectively "Products and Services"). The Company Products and Services contain public record data that the Company properly obtains from certain government entities in accordance with state and federal law, licensed data from other third parties, and other data created and owned by us or our contractors (collectively referred to as "Company Data"). The Company Products and Services include information services containing real estate, map, and other data and tools for accessing and using the Company Data.

2. Who our Products and Services are for
Use of the Company Products and Services is available to individual subscribed users, members of subscribed trade groups or associations, employees of subscribed companies, and other trial users (collectively "Users"), who are 13 years of age and older and who have agreed to abide by the Terms of Use and have paid the applicable fee(s).

3. Modification of the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

We may e-mail periodic reminders of our notices and Terms of Use and will e-mail Users of material changes thereto, but you should check our Website frequently to see the current Privacy Policy and Terms of Use that are in effect and any changes that may have been made to them. The provisions contained herein supersede all previous notices or statements regarding our privacy practices and the terms and conditions that govern the use of this Site.

4. Visitors to the Website and Account Creation
You can visit the public sections of this Website without identifying yourself or providing personal information. But to gain access to the Products and Services, you must first register with us. Any information provided at the time of registration is governed by our Privacy Policy.

Please note that, other than your billing information (i.e., credit card numbers), information you post to the Website may become publicly accessible and you should not submit information that you consider confidential.

5. Access to Website and Account Security
Access is not unlimited and is subject to change, including but not limited to download limits, download caps, throttling of access, delays in providing services, and other limitations as required by certain third-party data and service providers. The Company will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to Users.

You are responsible for making all arrangements necessary for you to have access to the Website.

To access the Website, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with the Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

Failure to provide the agreed-upon payments in a timely fashion may result in us taking reasonable steps to verify your identity before granting access or making corrections. The main form of identity management is your email address. Please always use a valid and current email.

6. Fees and Payments
You must be a subscriber or member of a subscriber organization to access and use certain Services on our Web Sites. To subscribe to any of our Web Sites or Services, go to PropertyKey.com. In consideration of the Products and Services the Company provides, all Users agree to pay to the Company all associated subscription, access, and/or use fees (the "Fees") as published on the Website, including applicable taxes, that are incurred by a User, arising from the User's subscription to, access of, and/or use of the Web Site, at the rates in effect when the Fees were incurred. Fees are subject to change in the Company's sole discretion.

Additional fees may be charged for premium content or Services using in-application purchases. Any additional premium content or Services requiring additional payment will clearly list the additional fees and require an agreement to pay before granting access.

Subscription fees are billed either monthly or annually to a User's credit card at the beginning of the User's subscription period and on renewal. By choosing to access premium content or Services during the current subscription period you are agreeing to pay the associated fees described before being granted access.

7. Restricted Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
To impersonate or attempt to impersonate the Company, a Company employee, another authorized User, or any other person or entity;
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or Users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
  • Crawl content, or use technological methods to enable non-human use of the Products and Services;
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
  • Use any device, software, or routine that interferes with the proper working of the Website;
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
  • Decompile, reverse engineer, disassemble, or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained in the Website;
  • Download data individually or in bulk for the purpose of resale or other uses outside the restrictions of the Terms of Service and any other license agreements;
  • Stalk, or collect data about others for the purpose of harassment or the commission of any crime;
  • Use the information collected to contact individuals or businesses who have expressed a desire not to be contacted by you;
  • Provide intentionally inaccurate information;
  • Modify, move, add to, delete, or otherwise tamper with the information contained in the Website;
  • Conduct any systematic or automated data collection activities on or in relation to the Website;

8. Copyright and Trademarks
Unless otherwise stated, we own the intellectual property rights in the Website and Products and Services on the Website, which are protected by copyright, trademark, and other intellectual property laws. You may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works, or otherwise use any information available on or through the Website for commercial or public purposes. You may not use the trademarks, logos, and service marks for any purpose without our express written permission or such other third party that may own the intellectual property rights.

We claim no ownership of any third-party trademarks, logos, and/or service marks referenced on our Website, Products or Services, nor do we claim any endorsement by the owners of any such trademarks, logos, and/or service marks.

9. Links to Other Websites
From time to time, the Website may contain links to websites that are not owned, operated, or controlled by us. All such links are provided solely as a convenience to you. We are not responsible for any content, materials, or other information located on or accessible from any other website. Neither do we guarantee, or make any representations or warranties regarding any other websites, or any content, materials, or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from the Website, you do so entirely at your own risk.

10. User Warranties
Users who obtain access to the Company Data as a result of accessing the Website and the Company Products and Services warrant that they will not, either as an individual, group or as an agent or representative of any entity, use the Company Data for their own direct marketing purposes, and that they will comply with the state and federal data practices laws of all jurisdictions in which they operate. Users further warranty that they will not share the Company Data with any third person. At the Company's sole discretion, violation of this Paragraph 9 may result in the User's loss of access to the Website, Products and Services, as well as the Company pursuing its legal and equitable remedies, including the recovery of costs and reasonable attorney's fees.

11. The Company Warranties
The materials provided on the Website are provided “as is” without warranty of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement. We use reasonable efforts to include accurate and up-to-date information on the Website; we do not, however, make any warranties or representations as to the materials accuracy or completeness. We periodically add, change, improve, or update the material provided on the Website without notice. We assume no liability or responsibility for any errors or omissions in the content of the Website. Your use of the Website and any Company Data is at your own risk.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

12. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS OR OTHER DATA) THAT RESULT FROM ACCESS TO, USE OF, OR INABILITY TO USE THE WEBSITE OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

By using the Website, you agree that the exclusions and limitations of liability set out in these Terms of Use are reasonable. If you do not think they are reasonable, you must not use the Website.

13. Indemnification
You agree to defend, indemnify, and hold harmless the Company, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website and the Services and Products, other than as expressly authorized in these Terms of Use or your use, maintenance, dissemination or any other prohibited conduct related to any private or Company Data obtained from the Website, Services or Products.

14. Breach
Without prejudice to our other rights under these Terms of Use, if you breach these Terms of Use in any way, or fail to provide the agreed-upon payments in a timely fashion, we may take such action as we deem appropriate to deal with the breach, including verifying your identity before granting further access or making corrections, suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website, and bringing court proceedings against you. At the Company's sole discretion, Users may also be penalized the maximum monthly license fee associated with the User's service level for each offense of unauthorized password sharing or use, or each offense of sharing or use of the User's access to Company Data by any other means, or each offense of sharing or use of restricted Company Data provided to the User.

15. Severability
If any provision of these Terms of Use is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of these Terms of Use.

16. Survivability
Your obligations under the Terms of Use survive the termination of your registration and/or ability to access to the Website, Products and Services, for whatever reason. There are no refunds for the duration of the current subscription period should you choose to terminate service.

17. Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to choice-of-law principles that may result in the application of the laws of another state. Any dispute between the parties arising under or relating to these Terms of Use shall be subject to the exclusive jurisdiction of the United States District Court for the State of Minnesota or the State courts sitting in the County of Ramsey. You hereby agree to submit to the jurisdiction of, and agree that venue is proper in, those courts in any such legal action or proceeding.

18. Security and Performance
To help protect the privacy of personal and non-personal information you transmit through use of this Website, we maintain physical, technical and administrative safeguards. We update and test our security technology on an ongoing basis. We restrict access to your personal data to those employees who need to know that information to provide benefits or services to you. In addition, we train our employees about the importance of confidentiality and maintaining the privacy and security of your information. We commit to taking appropriate disciplinary measures to enforce our employees’ privacy responsibilities.

The security of information transmitted through the Internet can never be guaranteed. We are not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. You are responsible for maintaining the security of any password, username, or other form of authentication involved in obtaining access to password protected or secure areas of the Website. In order to protect you and your data, we may suspend your use of the Website, without notice, pending an investigation, if any breach of security is suspected.

19. Use of Cookies by the Company
In order to offer and provide a customized and personal service, this Website and applications may use cookies to store and help track information about you. Cookies are simply small pieces of data that are sent to your browser from a Web server and stored on your computer’s hard drive. We use cookies to help remind us who you are and to help you navigate this Website during your visits. Cookies allow us to save preferences for you so you won’t have to re-enter them each time you visit.

The use of cookies is relatively standard. Most browsers are initially set up to accept cookies. However, if you prefer, you can set your browser to either notify you when you receive a cookie, or to refuse to accept cookies. You should understand that some features of this Website as described in the previous paragraph may not function properly if you don’t accept cookies.

20. Search Engine
The Company has the right to build a search engine within the Website to help visitors find information easier. The search engine will be used to look up publicly available information presented on our Website, and not personal information of our Users.

21. Payment Card Industry Data Standard
If you are using a credit or debit card on our Website(s), your data is encrypted and stored with a PCI-DSS compliant third-party vendor(s). We never store your credit card or debit card information.

22. Contact Us
If you have any questions about these Terms of Use or the Privacy Policy, you can email us or write to:

PropertyKey.com, Inc.
662 Transfer Road
St. Paul, MN 55114