Updated January 30, 2020
1. Padvest’s Role. PADVEST ACTS AS A PROVIDER OF INFORMATION ON INVESTMENT PROPERTIES. PADVEST DOES NOT, AND THE SERVICES ARE NOT INTENDED TO, PROVIDE FINANCIAL, INVESTMENT, OR REAL ESTATE ADVICE. PADVEST IS NOT A LENDER OR REAL ESTATE BROKER REPRESENTING YOU OR ANY OTHER USER. PADVEST DOES NOT: (A) ACT AS A REAL ESTATE AGENT FOR YOU OR ANY OTHER USER OR (B) REPRESENT YOU OR ANY OTHER USER IN THE PURCHASE, SALE, OR EXCHANGE OF REAL PROPERTY, INCLUDING ANY NEGOTIATION THEREOF. YOU, ALONG WITH ANY INDEPENDENT ADVISORS YOU CHOOSE TO RELY ON, ARE REQUIRED TO MAKE YOUR OWN DECISIONS REGARDING ANY PURCHASE, SALE, OR EXCHANGE OF REAL PROPERTY. PADVEST ASSUMES NO RESPONSIBILITY FOR ANY RESULT OR CONSEQUENCE RELATED DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION THAT YOU TAKE BASED ON THE SERVICES OR ANY OTHER INFORMATION AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICES.
3. Use of the Services; Restrictions.
4. Prohibited Use. BY USING THE SERVICES, YOU AGREE NOT TO:
- provide/post/authorize a link to any of the Services from a third-party website without our prior written consent;
- remove or modify any copyright or other intellectual property notices that appear in the Services;
- use the Services for resale, service bureau, time-sharing, or other similar purposes;
- use the Services in any way that is unlawful, or harms Padvest, its service providers, suppliers, or any other user;
- distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services;
- impersonate another person or misrepresent your affiliation with another person or entity;
- reproduce, publicly display, or otherwise make accessible on or through any other website, application, or service any reviews, ratings, and/or profile information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services, except as explicitly permitted by Padvest for a particular portion of the Services;
- upload invalid data, viruses, worms, or other software agents to the Services;
- interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures Padvest may use to prevent or restrict access to the Services;
- conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing "captcha" or similar precautions, and any other automated activity for the purpose of obtaining information from the Services) on the Services;
- use any of Padvest's trademarks without approval, including but not limited to using them as part of your business name, screen name, or email address on the Services;
- access or use any of the Services to develop competitive products or services; or
- attempt to, or permit or encourage any third party to, do any of the above.
B. Subscriptions. The Services may include features that allow for automatically recurring payments for periodic charges (a "Subscription Service"). If you decide to activate a Subscription Service, you authorize Padvest 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 Service before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). Padvest may change the subscription fee for any subsequent subscription period but will provide you advance notice of any increase before it applies. Unless otherwise stated in your product-specific agreement, you may cancel a Subscription Service through your settings page for the paid feature.
6. User Materials.
7. Third Party/Linked Services/Sent information.
B. Non-Affiliated Financial Products. If you choose to contact a non-affiliated bank, lender, financial institution, originator, loan broker, or other lending professional (each, a “Lender”) through the Services by filling out a contact or other request form or otherwise indicating your interest in contacting (or being contacted by) a Third-Party Provider on the Services, you authorize Padvest to provide the information you submit to the Third-Party Provider. If you include your name, contact information, and other information in a request, your identity will no longer be anonymous to the Third-Party Provider. Your submission of information and any request for quotes through the Services is not an application for credit. Padvest is only providing an administrative service to users and participating Lenders. Decisions regarding Lenders contacting users are made by participating Lenders and not Padvest. These non-binding quotes are not intended to be official “Loan Estimates” as defined in the Real Estate Settlement Procedures Act. By using these features, the disclosures and consent required under certain state laws are deemed to be provided, received, and agreed to. Loan approval standards are established and maintained solely by individual Lenders. Users should rely on their own judgment in deciding which available loan product, terms, and Third-Party Provider best suit their needs and financial means. Padvest: (a) is not a Lender, loan originator, loan processor or underwriter; (b) does not aid or assist borrowers in obtaining loans, solicit borrowers or Lenders for loans, offer or negotiate terms of loans; (c) does not take loan applications, make loans or credit decisions or pre-approve borrowers for loans; (d) is not an agent of either any user or any Lender; (e) does not endorse, refer or recommend any Third-Party Provider that pays Padvest or the products of any Third-Party Provider that pays Padvest; (f) is not responsible for any errors or delays caused by users or any Third-Party Provider in the loan process; and (g) does not guarantee offer of, or acceptance into, any particular loan program or specific loan terms, conditions, or rates with any Third-Party Provider, or that any rates or terms will be the best available.
C. Estimates. The Services may include estimates of current and future property prices, rents, and similar metrics. These estimates are provided only for your convenience. Padvest does not guarantee the accuracy of these estimates and is not responsible for any errors in the assumptions underlying such estimates. It is your responsibility to do your own financial and other due diligence regarding any investment decisions you make, and Padvest assumes no responsibility for any action you take based on the estimates described above or the Services in general.
Intellectual Property Notice:
Certain content on the Services may be owned by unaffiliated third parties. The names of actual companies, products, and services mentioned in this policy or in the Services may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. Padvest does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Services. Any use of these images and descriptions is subject to the copyright owner's permission and the requirements of applicable law.
9. Feedback. If you choose to provide input and suggestions regarding the Services, including related to any Padvest Materials (“Feedback”), then you hereby grant Padvest an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including the improve the Services or create other products and services.
10. DMCA; Claims of Copyright Infringement. Padvest respects the intellectual property rights of others and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Padvest's copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
a. Identification of the copyrighted work that you claim has been infringed;
b. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
c. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
d. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.
Notices of copyright infringement claims should be sent by email to firstname.lastname@example.org. If you give notice of copyright infringement by e-mail, we may begin investigating the alleged copyright infringement However, we may ask you for a signed statement by mail before we are required to take any action.
B. Other Terms. Your use of the Services is subject to all additional guidelines, rules, and agreements applicable to the Services or certain features of the Services that we may post on, or link to, from the Services, such as rules applicable to a particular product or content available through the Services.
19. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.
20. Contact Information. The Services are offered by Padvest Corp. You may contact Padvest by sending correspondence to that address or by emailing us at email@example.com.