Terms of Service

Effective Date: February 13, 2026

Welcome to CaliforniaPropertyRecords.us, provided to users by CaliforniaPropertyRecords ("we," "us," or "our").

We created these Terms of Service ("Terms") to govern how we operate and offer, and how you access and use, our website (https://californiapropertyrecords.us), and the associated products, services, data, information, content, and materials thereon (collectively, the "Services"). If you are accepting these Terms on behalf of a legal entity other than yourself as an individual, including a business or government, you represent and warrant that you have the full legal authority to bind such entity to these Terms.

PLEASE CAREFULLY READ THESE TERMS. YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. DO NOT USE THE SERVICES IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THESE TERMS.

By using or visiting our Services, you agree to be bound by these Terms, including the Binding Arbitration Clause and Class Action Waiver described in Section 19, and our Privacy Policy. If you are accepting on behalf of a business, you represent and warrant that (i) you have full legal authority to bind the business to these Terms; (ii) you have read and understand these Terms; and (iii) you agree, on behalf of the business, to these Terms.

We reserve the right to change, modify, add to, or otherwise alter these Terms at any time. Changes shall be effective immediately upon posting. You agree to review these Terms periodically to be aware of such revisions. Your continued use of the Services after we post such changes constitutes your acceptance of them.

1. Services

Our Services allow users to search our database for real property information across the United States.

We grant you a personal, limited, nonexclusive license to access and use the Services for your personal, individual, non-commercial, and non-automated use only. You may not access or use the Services except for these express purposes and as expressly permitted by these Terms.

2. Registration

You will need to create an account with us to use the Services ("Account"). You must be 18 years of age or older to use the Services and purchase any services. Any offers of sale are intended only for individuals who are eighteen (18) years of age or older. By using the Services or purchasing services, you affirm that you are eighteen (18) years of age or older.

You agree to provide true, current, complete, and accurate information as requested during registration, and to update that information promptly after any changes. You are responsible for maintaining the confidentiality of your password and for all activities that occur through your account, whether or not authorized by you. You agree to immediately notify us of any suspected or actual unauthorized use of your account. We will not under any circumstances be liable for any cost, loss, damages, or expenses arising from your failure to maintain the security of your password.

As an express condition of being permitted to use and register on the Services, you represent and warrant that you: (i) have the legal capacity to enter into contracts under the law of the jurisdiction in which you reside; (ii) are not on a list of persons barred from receiving services under U.S. laws (including the Denied Persons List and the Entity List issued by the U.S. Department of Commerce, Bureau of Industry and Security); and (iii) are not a resident of, located in, or acting on behalf of Cuba, Iran, North Korea, Sudan, Syria, Russia, or China.

3. Prohibited Uses

In addition to other prohibitions set forth in these Terms, you are prohibited from using the Services or its related content:

  • (a) For any unlawful or fraudulent purpose, including the use of fraudulent credit card information;
  • (b) To solicit others to perform or participate in any unlawful or prohibited acts;
  • (c) To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
  • (d) To infringe upon or violate our intellectual property rights or the intellectual property rights of others, or to delete any copyright or other proprietary rights notice from any content;
  • (e) To harass, abuse, insult, harm, defame, slander, annoy, disparage, intimidate, or discriminate based upon gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • (f) To submit false or misleading information or to otherwise attempt to mislead or impersonate another person;
  • (g) To upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Services or any related website, other websites, or the Internet;
  • (h) To collect or track the personal information of others;
  • (i) To send advertising or promotional materials, spam, phishing, pharming, pretexting, spidering, crawling, scraping, or to facilitate the use of any malware or ransomware;
  • (j) For any damaging, obscene, or immoral purpose;
  • (k) To interfere with or circumvent the security features of the Services or any related website or the Internet, including features that prevent copying of content or limit use;
  • (l) To transmit or procure the sending of any advertising or promotional material, including "junk mail," "chain letters," "spam," or any other similar solicitations;
  • (m) To systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our prior written permission;
  • (n) To make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
  • (o) To use a buying agent or purchasing agent to make purchases on the Website;
  • (p) To use the Services to advertise or offer to sell goods and services;
  • (q) To engage in unauthorized framing of or linking to the Services;
  • (r) To engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
  • (s) To interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Services;
  • (t) To sell or otherwise transfer your profile or account;
  • (u) To use the Services as part of any effort to compete with us, or otherwise use the Services or content for any revenue-generating endeavor or commercial enterprise;
  • (v) To decipher, decompile, disassemble, or reverse engineer any of the software comprising or making up any part of the Website;
  • (w) To copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
  • (x) To upload or transmit, or attempt to upload or transmit, any material that acts as a passive or active information collection or transmission mechanism, including clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices;
  • (y) Except as may be the result of standard search engine or browser usage, to use, launch, develop, or distribute any automated system, including any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or to launch any unauthorized script or other software; or
  • (z) In any way that may be deemed a breach or violation of any of our Terms or Privacy Policy.

We reserve the right to terminate your use of the Services for violating any of the prohibited uses. We also reserve the right, but do not undertake the obligation, to monitor your volume and purpose of searches and may restrict, limit, or deactivate your account for any reason, including if we determine you are using the Services beyond your personal use rights.

4. Intellectual Property

All content, features, and functionality available through our Services - including but not limited to design, artwork, hyperlinks, text, videos, software, images, graphics, code, configurations, and their selection and arrangement ("Materials") - are either the proprietary property of CaliforniaPropertyRecords, our affiliates, our brand partners, or licensors, and are protected by United States and international intellectual property laws.

You do not acquire any proprietary rights in or to the information provided through the Services. We reserve all rights to the Materials. The Materials may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission - except that you may download and print Materials for personal, non-commercial uses that are not competitive with or derogatory to us, provided you keep all copyright and proprietary notices intact and do not further reproduce, publish, or distribute such Materials.

All registered and unregistered trademarks visible or accessible through our Services are trademarks of CaliforniaPropertyRecords or our licensors and may not be copied, imitated, or used in whole or in part without prior written permission.

You further agree that you will not systematically extract, collect, or harvest through electronic means or otherwise any data or data fields from our Services, including customer identities or information as defined in our Privacy Policy.

5. Purchase Options and Pricing

We offer a number of purchase options for users, including subscriptions and one-time payment options. Different reports we offer may provide different levels of information. Current descriptions and pricing for our services and purchase options are available on the Services.

We reserve the right to modify prices and to add or remove services or subscription options at any time. Any changes we make will become effective upon renewal or purchase of additional Services.

6. Billing

A. Fees

You must pay all fees for purchases on the Services using a current and valid credit card, debit card, or other payment account ("Payment Account"). We will bill fees to the Payment Account you provide. Some payment options may be provided by third parties and are subject to their terms and privacy notices. If your Payment Account is insufficient, inaccurate, or incomplete, we may refuse your use of the Services or suspend or terminate your subscription.

If you purchase a single report or make a one-time billing package purchase, we will bill fees to your Payment Account on a one-time basis at the time of your order.

Transactions will appear on your credit card statement as CALIFORNIAPROPERTYRECORDS or CALIFORNIAPROPERTYRECORDS.US

B. Subscription Fees

For subscriptions, fees will be automatically billed to your Payment Account on a recurring monthly basis unless and until you cancel. Please review Section 8 - Recurring Payment Subscriptions for full details. You acknowledge and agree that we will not obtain additional authorization from you for each recurring charge to your Payment Account.

7. Trials

We may offer you access to either free or paid trial uses of the Services. If you choose a paid trial, the trial fee will be immediately billed to your Payment Account. Your subscription will begin on the "Next Billing Date" (as identified on your Order Confirmation and on the Account Details page of your account), and the monthly subscription fee will be billed to your Payment Account on that date and thereafter on a recurring monthly basis unless and until you cancel.

8. Recurring Payment Subscriptions

AUTOMATIC RENEWAL FEES FOR RECURRING PAYMENT SUBSCRIPTION PLANS WILL BE AUTOMATICALLY CHARGED TO YOUR PAYMENT ACCOUNT.

WE WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION ON A MONTHLY BASIS BEGINNING ON THE "NEXT BILLING DATE" IDENTIFIED IN YOUR ORIGINAL ORDER CONFIRMATION AND EVERY THIRTY (30) DAYS THEREAFTER (THE "AUTOMATIC RENEWAL DATE"). WE WILL PRESENT YOU WITH AN OPTION TO AUTHORIZE THESE PAYMENTS DURING THE SIGN-UP PROCESS, AND YOUR CHECKING THE BOX ON THE SIGN-UP PAGE DEMONSTRATES YOUR CONSENT TO SUBSCRIPTION BILLING. ON EACH RENEWAL DATE, YOUR PAYMENT ACCOUNT WILL BE CHARGED THE THEN-CURRENT RATE FOR THE SUBSCRIPTION YOU SELECTED.

UPON PAYMENT, WE WILL SEND YOU AN EMAIL ACKNOWLEDGEMENT OF THE PARTICULAR TERMS OF YOUR RECURRING PAYMENT PLAN, INCLUDING THE AUTOMATIC RENEWAL DATE AND INSTRUCTIONS FOR CANCELING YOUR SUBSCRIPTION TO AVOID AUTOMATIC RENEWAL. WE WILL ALSO SEND YOU AN AUTOMATIC RENEWAL DATE REMINDER AND NOTICE OF ANY CHANGE IN THE SUBSCRIPTION RATE OR MATERIAL CHANGES TO YOUR RECURRING PAYMENT PLAN, VIA EMAIL, AT LEAST FIVE (5) DAYS BEFORE THE AUTOMATIC RENEWAL DATE.

YOU MAY CANCEL YOUR ACCOUNT AND SUBSCRIPTION AT ANY TIME. TO DO SO: (1) USE THE "CANCEL" OPTION ON THE ACCOUNT DETAILS PAGE OF YOUR ACCOUNT; (2) CONTACT US AT (800) 396-4909; OR (3) EMAIL US AT support@propertyrecords.com. OUR CUSTOMER SERVICE DEPARTMENT IS AVAILABLE 24/7.

PLEASE NOTE THAT SUBSCRIPTION FEES ARE BILLED MONTHLY IN ADVANCE, AND WE WILL NOT REFUND THE UNUSED PORTION OF YOUR MONTHLY SUBSCRIPTION. YOU MUST CANCEL BEFORE THE AUTOMATIC RENEWAL DATE TO AVOID AUTOMATIC RENEWAL AND THE ASSOCIATED MONTHLY SUBSCRIPTION FEES.

9. Customer Support

Our Customer Support team is available to address your questions or concerns. If you have any billing issues, you agree to contact our Customer Support team prior to contacting your bank. You may reach us via our online contact form, by calling (800) 396-4909, or by emailing support@propertyrecords.com. Our Customer Service Department is available 24/7.

10. Cancellation and Termination

A. By You

You are solely responsible for properly canceling your account. You can cancel at any time by calling us or emailing us at the contact information provided in the "Contact Us" section below. Your cancellation will take effect immediately; however, you remain responsible for any outstanding payments for purchases made before cancellation. Even after cancellation or termination of your Account, you may still make one-time purchases on the Services.

B. By Us

We reserve the right to terminate or restrict your account and/or access to the Services for any reason, or for no reason whatsoever, including if we, in our sole discretion, consider your use to be unacceptable, or in the event of any violation of these Terms. We may, but are under no obligation to, provide you with a warning prior to termination or restriction of your access. We will not be liable to you or any third party for such termination or restriction.

C. Effects of Termination

Once your Account is terminated, we may permanently delete your account and any associated user content. If you do not log in to your account for twelve (12) or more months, we may treat your account as "inactive" and permanently delete it and all associated data. All sections of these Terms that by their nature should survive termination will survive, including, without limitation, accrued payment obligations, use restrictions, indemnity obligations, confidentiality obligations, warranty disclaimers, and limitations of liability.

11. FCRA Notice

CaliforniaPropertyRecords does not compile background information for employment purposes and is not a "consumer reporting agency" under the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681 et seq., as amended. The reports we provide are not "consumer reports" under the FCRA because they are not used or expected to be used, in whole or in part, for any permissible purpose under the FCRA. The Services simply aggregate and provide access to publicly available information for personal and non-commercial use only.

You are EXPRESSLY PROHIBITED from using any information obtained through the Services: (a) to discriminate against any consumer; (b) for the purpose of considering a consumer's eligibility for personal credit or insurance, employment, housing, or a government license or benefit; or (c) otherwise to affect a consumer's economic or financial status or standing.

You understand, agree, and acknowledge that any such use may subject you to liability under the FCRA. You agree to indemnify, defend, and hold harmless CaliforniaPropertyRecords and its officers, directors, agents, employees, partners, affiliates, licensors, and data providers from and against any third-party claims, demands, expenses, or liabilities arising from your use of information from search results in a manner covered under the FCRA.

12. Business Terms

This Section 12 applies to users who purchase or use our Services for business-related purposes, which may include API integration. In addition to your obligations in other sections of these Terms, you agree to the following conditions if you are using our business-related services:

A. Business Accounts and Team Member Access

Each Business Account will designate an "Account Holder" responsible for providing access to the Business Account for up to ten (10) other team members. All users who access the Business Account must adhere to these Terms and are responsible for all regulatory and legal compliance in their use. The Account Holder will ensure that:

  • Each team member receives individual login credentials and uses the Services solely for internal business operations, such as conducting real estate transactions, research, or analysis.
  • The Account Holder manages and revokes access for team members who are no longer associated with the business.
  • Any violation of these Terms by a team member will be regarded as a breach by the Account Holder, and we reserve the right to restrict, limit, or terminate the account accordingly.

B. License for Business Use

All users of a Business Account, including the Account Holder, acknowledge that:

  • You are granted a limited, revocable, nontransferable, and nonexclusive license to access and use the Services and Content solely for internal business purposes, including research, reference, and analysis in conducting real estate transactions.
  • We make no representations about the quantity, sufficiency, or quality of reports provided. Purchases of reports are not cancellable, and fees paid are not refundable.
  • You will not: (i) sell any Content or information derived from Content; (ii) systematically access or retrieve reports, including via bots or spiders; (iii) provide any Content or derived information to any party for resale or remarketing; or (iv) make any representation or warranty to any person or entity regarding CaliforniaPropertyRecords.us, the Services, or the Content that is inconsistent with these Terms or the information contained therein.
  • You will comply with all applicable laws in your use of the Services.

C. API Usage Terms

The following terms apply to our provision, and your access and use, of the CaliforniaPropertyRecords API and related tools and documentation:

Grant of Rights. Subject to and conditioned on your compliance with these Terms, CaliforniaPropertyRecords grants you a non-exclusive, non-sublicensable, non-transferable, revocable, limited, royalty-free right to: (a) access and use the API in connection with your use of the Services; and (b) integrate your platform with the Services. No implied licenses are granted. CaliforniaPropertyRecords reserves all rights not expressly granted herein. You must obtain an API Key provided by CaliforniaPropertyRecords, keep it secure, and not share it with any third party.

Your Obligations. You are solely responsible for integrating your platform with the Services via the API, including all associated costs. You acknowledge that CaliforniaPropertyRecords may update or modify the API at any time and may require you to use the most recent version. When using the API, you will comply with all applicable privacy laws and regulations and our Privacy Policy.

Restrictions. With respect to the API, you will not, without written authorization from CaliforniaPropertyRecords: (i) remove, alter, or destroy any copyright notices or proprietary markings; (ii) use, copy, modify, distribute, download, merge, or otherwise deal with the API except as permitted herein; (iii) combine or integrate the API with any software, technology, or services not authorized under these Terms; (iv) disassemble, reverse compile, or decode any portion of the API; or (v) intentionally disable, override, or interfere with any consent screens, user settings, alerts, or warnings.

Ownership. CaliforniaPropertyRecords owns all right, title, and interest, including all intellectual property rights, in and to its APIs. You will use commercially reasonable efforts to safeguard the API from infringement, misappropriation, theft, misuse, or unauthorized access, and will promptly notify us of any known infringement.

DISCLAIMER. CALIFORNIAPROPERTYRECORDS.US DOES NOT REPRESENT OR WARRANT THAT THE API OR ANY UPDATES THERETO WILL OPERATE IN COMBINATION WITH YOUR PLATFORM AND IS NOT RESPONSIBLE FOR ANY DELAYS OR DELIVERY FAILURES STEMMING FROM THE API.

D. Business Account Pricing

Business Account pricing, including accounts with team member access, is subject to our then-published pricing policies and may be adjusted periodically with prior notice before the renewal date.

13. Links to Third-Party Sites

The Services may contain links to and integrations with third-party websites and services. We are not responsible for examining or evaluating the content or accuracy of any other website, and we do not warrant and will have no liability or responsibility for any other party's materials, websites, products, or services. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, or content made through any other party's websites or platforms.

Please review third-party websites' policies and practices before engaging in any transaction. Claims, complaints, questions, or concerns regarding third parties should be directed to that party.

14. Security

We use commercially reasonable measures to provide the Services. Notwithstanding the foregoing, you acknowledge that no security safeguards or method of transmission over the Internet is completely secure. We do not guarantee that your information will not be misused by third parties. We are not responsible for the circumvention of any privacy settings or security features. You agree that we will not have any liability for misuse, access, acquisition, deletion, or disclosure of your information.

15. Disclaimers

We collect information about real property in the United States from various publicly available sources. Because we do not generate original reports or notices, including market valuations, we do not guarantee that the information on our Services will be accurate and complete, or that we will receive relevant information for all real property on our Services. We expressly disclaim and will have no liability for any information available through our Services. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all information, services, and other content provided.

The Services may provide you with information to assist in making decisions regarding real property. We recommend that you use this information together with your own independent research and investigation. You assume full responsibility with respect to your decisions and transactions using the Services.

You understand that information may not be available for all real property and that there may be a delay between our receipt of certain information and its inclusion in the Services. Our sole obligation in the case of erroneous information, when notified in writing, is the correction of the information in question.

For the most recent records concerning any real property presented on the Services, contact the relevant state or local office, agency, or department.

CaliforniaPropertyRecords is not affiliated with the United States Government or any federal or state government agency.

16. No Warranties

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW,CALIFORNIAPROPERTYRECORDS PROVIDES ALL SERVICES, CONTENT, AND INFORMATION "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, ACHIEVE THEIR INTENDED RESULTS, OR BE ACCURATE. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAWS, CALIFORNIAPROPERTYRECORDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

THERE ARE NO WARRANTIES RELATING TO ANY OF THE INFORMATION POSTED ABOUT REAL PROPERTY ON THE SERVICES.

17. Limitation of Liability

CALIFORNIAPROPERTYRECORDS IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY WEBSITE, NETWORK, COMPUTER SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, OR SOFTWARE, OR FOR ANY FAILURE DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY COMPUTER OR OTHER DEVICE. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OFCALIFORNIAPROPERTYRECORDS OR INFORMATION, OR FROM THE CONDUCT OF ANY USERS OF CALIFORNIAPROPERTYRECORDS, WHETHER ONLINE OR OFFLINE, INCLUDING ANY PRIVACY OR SECURITY BREACHES.

CALIFORNIAPROPERTYRECORDS, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS WILL NOT BE LIABLE TO YOU FOR: (I) LOST INCOME, LOST PROFITS, LOSS OF DATA, ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR CLAIMS OF THIRD PARTIES; OR (II) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE UPON THE COMPLETENESS OR ACCURACY OF ANY INFORMATION MADE AVAILABLE VIA THE SERVICES. THESE LIMITATIONS APPLY EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THEIR POSSIBILITY.

OUR AGGREGATE LIABILITY ARISING UNDER OR WITH RESPECT TO YOUR USE OF THE SERVICES WILL IN NO EVENT EXCEED ONE HUNDRED US DOLLARS ($100.00).

18. Indemnification

You agree to indemnify, defend, and hold harmless CaliforniaPropertyRecords and its affiliates, subsidiaries, officers, directors, agents, employees, partners, licensors, and data providers, and each of their respective members, officers, directors, employees, agents, shareholders, co-branders, content licensors, suppliers, contractors, attorneys, and other partners, from and against any and all liabilities, claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands, and judgments made by any third party arising from or related to: (i) your use of the Services or any information you obtain through the Services; (ii) your violation of these Terms; (iii) your violation or infringement of any laws or any rights of another individual or entity; or (iv) any actual, prospective, or terminated sale or other transaction between you and a third party.

19. ARBITRATION CLAUSE AND CLASS ACTION WAIVER - IMPORTANT - PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

A. Arbitration Notice

You and we agree that if there is any dispute or claim arising from or related to the Services and/or these Terms (except for Exempt Claims, as defined below), it will be resolved by confidential binding arbitration, rather than in court, after first giving Notice of the Dispute ("Notice") to the other party and the opportunity to discuss resolution within thirty (30) days of such Notice. The Notice should be sent to: CaliforniaPropertyRecords.us, 227 Lewis Wharf, Boston, MA 02110. The Notice must include a description of the nature and basis of the claims and the relief sought.

If you and we are unable to resolve the claims within thirty (30) days after the Notice is sent, either party may initiate arbitration proceedings. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of these Terms as a court would.

YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.

The Federal Arbitration Act and federal arbitration law apply. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules.

The arbitration shall be held in the State of Massachusetts or at another mutually agreed location. If the arbitration involves a consumer, it will be held at a location convenient to the consumer. If the value of the relief sought is $10,000 or less, either party may elect to have the arbitration conducted by telephone or based solely on written submissions, subject to the arbitrator's discretion to require an in-person hearing if circumstances warrant.

The arbitrator will decide the substance of all claims in accordance with the laws of the Commonwealth of Massachusetts, including recognized principles of equity, and will honor all applicable claims of privilege. The arbitrator's award shall be confidential, final, and binding, and judgment on the award may be entered in any court having jurisdiction thereof.

Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to this Section (other than a change to any notice address or website link) in the future, that change shall not apply to any claim filed in a proceeding prior to its effective date. If we seek to terminate this Section, such termination shall not be effective until thirty (30) days after it is posted, and shall not apply to any claim already filed.

CLASS ACTION WAIVER. YOU AND WE AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. WE ALSO BOTH AGREE THAT EITHER PARTY MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.

EXEMPT CLAIMS: You and CaliforniaPropertyRecords agree that the following two types of claims are not required to be submitted to arbitration:

(1) Claims brought on an individual basis in small-claims court. However, if there is an appeal or a change in the claim that renders the small-claims court unable to resolve it, the claim must then be resolved in arbitration under this provision.

(2) Claims brought on an individual basis to enjoin infringement or other misuse of intellectual property rights. Such a claim may be brought in any court of competent jurisdiction. The prevailing party in such an action is entitled to recover costs and fees, including reasonable attorneys' fees.

OPT OUT: You may opt out of this mandatory arbitration provision by writing to us within 60 calendar days of your agreement to this Arbitration Provision, by mail to: CaliforniaPropertyRecords.us, 227 Lewis Wharf, Boston, MA 02110. Include your name, address, and date. This is the only way you can opt out.

Claims and Disputes Must be Filed Within One (1) Year

To the extent permitted by law, any cause of action or claim you may have with respect to your use of the Services must be commenced within one (1) year after the claim or cause of action arises. This section applies to you and your heirs, successors, and assigns.

20. General Provisions

A. Governing Law and Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without reference to its conflict of laws principles.

B. Entire Agreement

These Terms constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements, including any prior versions of these Terms.

C. No Agency

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

D. Severability

If any part of these Terms is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.

E. No Waiver

Our failure to enforce any right or provision in these Terms will not constitute a waiver of that provision or any other provision. No waiver of any provision of these Terms is a waiver of any other provision, whether similar or not, nor does any waiver constitute a continuing waiver.

F. Third-Party Beneficiary

Neither CaliforniaPropertyRecords nor you intends that these Terms shall create rights in third parties, except that our licensors and data providers are intended to be third-party beneficiaries of these Terms.

21. Contact Us

If you have any questions or concerns about these Terms or wish to contact us for any other reason, please reach out using any of the methods below: