Terms & Conditions
Welcome to PadPath, provided by PadPath, Inc. (“PadPath”). By using PadPath’s Web Sites (defined to include all properties (mobile, Web or otherwise) owned and operated by PadPath), related data, and/or related services (collectively, “Services”), you agree to be bound by the following terms of use, as updated from time to time (Terms of Use”). These Terms of Use are a legally binding contract between you and PadPath. You must agree to these Terms of Use before using the Services. If you do not agree to all of the terms and conditions set forth in these Terms of Use, you may not use the Services. PadPath complaints or questions regarding these Terms of Use may be sent to support@padpath.com. PadPath reviews questions regularly.
1. Information you provide: When using the Services, you may provide information about yourself, such as name, address, phone number, email and details around a potential transaction. This may occur, for example, when you register on PadPath, list a home, make an offer, correspond with a service provider via the Services, or complete other forms, such as a sales contract. You may also Provide information about a third party through the Services, for example, if you share a real estate listing with a recipient via email. We may combine this information with other information we collect from your interaction with the Services or from other companies. In addition, when you order products or services through the Services, PadPath may collect your credit/debit card information.
This information is secured using industry-standard encryption technology. PadPath will use this information solely to complete your order and will not share this information with outside parties, except to the extent necessary to complete the order or comply with applicable law.
2. Restrictions and Additional Terms: You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. You will not use the Services for resale, service bureau, time-sharing or other similar purposes. Further:
a. Acceptable Use: You agree not to use the Services in any way that is unlawful, or harms PadPath, its service providers, suppliers, partners, stakeholders or any other user. You agree not to distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services. You agree not to impersonate another person or misrepresent your affiliation with another person or entity. Except as expressly stated herein, these Terms of Use do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Web sites or otherwise. Except as expressly stated herein and without limitation, you agree that you will not, nor will you permit or encourage any third party to, reproduce, publicly display, or otherwise make accessible on or through any other Web site, application, or service any 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.
b. Payments to Vendors, Including But Not Limited To, Real Estate Agents, Attorneys, Escrow Agents, Inspectors, Photographers, Title Companies, Mortgage Brokers, and Insurers. PadPath will connect you with various vendors to assist you in your goals – reasons you signed up with PadPath. In turn, if you are the home seller or home buyer, you, including all names on the property being sold or bought, and if the seller or buyer is a business or a trust, all employees, officers, management, stakeholders, designees, and trustees of such business or trust agree to the following terms:
o You may work directly with various vendors PadPath connects you with on any services purchased through PadPath. This includes emailing and calling the vendors.
o All additional services with these vendors, including but not limited to inspections, insurance purchases, listing, pricing and other services on any additional properties, or other services on the current property shall be purchased through PadPath.
o Any referrals you make shall be made and sent only to PadPath, and not to the vendor(s) directly. Referrals may include but are not limited to your business affiliates, friends, family, and acquaintances.
o Any payments due to vendors for services from buyer or seller or their referrals should be paid to PadPath. PadPath will then credit the vendor(s) for their part of the proceeds. No payments may be made directly to the vendors. This applies in perpetuity.
If you are a vendor providing real estate related services, you agree to not accept direct payments from users introduced to you via PadPath, or their referrals.
c. Automated Queries. Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) are strictly prohibited on the Services, unless you have received express written permission from PadPath. As a limited exception, publicly available search engines and similar Internet navigation tools (“Search Engines”) may query the Services and provide an index with links to the Services' Web pages, only to the extent such unlicensed “fair use” is allowed by applicable copyright law. Search Engines are not permitted to query or search
information protected by a security verification system (“captcha”) which limits access to human users.
d. Google Maps. Some of the Services implement the Google Maps web mapping service. Your use of Google Maps is subject to Google's terms of use, located here (http://www.google.com/intl/en_us/hel p/terms_maps.htmI ).
e. Calls. If you, as a user, choose to contact a vendor or homeowner through the Services bycompleting a contact request or other request form on PadPath, you authorize PadPath to provide your name and contact information and other identifying information you provide to vendor and/or homeowner. Further, if you elect to request pre-approval from a Lender or Insurance Agent (as denned below), you authorize PadPath to provide your name and contact information and other identifying information or financial information you provide to the participating Lender, Insurance Agent, or associated vendors. You acknowledge that, by submitting your contact request or other request form on PadPath or by electing to request pre-approval, you may receive telemarketing calls from or on behalf of the Lender, Insurance Agent, or other vendors at the telephone number(s) you provide. The Services may provide phone numbers that can connect you with PadPath, its service providers, or other third parties, such as mortgage brokers, escrow and title companies, inspection companies, and insurance agents. Some of the numbers listed may be routed through a third party service (“Calling Service”). Calls through the Calling Service may be recorded or monitored for quality assurance and customer service purposes. In the event that you make a call to PadPath or through a Calling Service, you consent to such recording and monitoring. PadPath will treat recorded calls in accordance with its Privacy Policy.
f. Other Service Providers. PadPath leverages various third-party software and technology. The use of these technologies and software is subject to the respective third-party’s Terms, generally located on their website
3. Materials You Provide, Account Use, Privacy, Third Party Web Sites: For materials you post or otherwise provide to PadPath in connection with the Services (your “Submission”), you grant PadPath an irrevocable, perpetual, royalty-free worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Submission, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law.
PadPath will not pay you for your Submission or to exercise any rights related to your Submission set forth in the preceding sentence. PadPath may remove or modify your Submission at any time. For each Submission, you agree to provide accurate and complete information and represent that you have all rights necessary to grant PadPath the rights in this paragraph and that the Submission complies with Section 2(a) above. You are solely responsible for all Submissions made through your PadPath user account or that you otherwise make available through the Services. You may not share your PadPath user account with others. You are responsible for all actions taken via your account.
PadPath will treat your use of the Services in accordance with its Privacy Policy. Certain PadPath functionalities may involve the distribution of your Submission to third party Web sites over which PadPath has no control. PadPath is not responsible for and makes no warranties or representations pertaining to these third party Web sites, including but not limited to the content, availability, or functionality of such Web sites. You are responsible for ensuring that your Submission complies with the terms of use associated with any such third party Web site and you understand that your Submission and your use of a third party Web site will be treated in accordance with that third party Web site’s own privacy policy.
4. Advertising: PadPath’s business is funded through advertising, amongst other things. You understand and agree that the Services may include advertisements, and that these are necessary to support the Services. To help make the advertisements relevant and useful to you, PadPath may serve advertisements based on the information we collect from you or in relation to your interaction on our site. See the Privacy Policy for more details.
5. The Role of PadPath: PadPath, Inc. is not a licensed real estate broker. PadPath does not act as a real estate agent for you or any other user. PadPath does not sell, buy, or negotiate the purchase, sale, or exchange of real property. Further, PadPath does not lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property.
6. Mortgage Information Services and Other Real Estate Related Services.
a. Mortgages. PadPath allows users to provide anonymous information to banks, lenders, originators, loan brokers and their employees (collectively, the “Lenders”) to request quotes on terms for home loans. Lenders may elect to respond to user requests with non-binding customized quotes of the terms they would offer to a borrower fitting the user's anonymous profile, as well as their contact information. These non-binding quotes are not intended to be Good Faith Estimates as denned in the Real Estate Settlement Procedures Act. PadPath also allows users to request that Lenders pre-approve them for home loans. When users submit the required information and request pre-approval from a participating Lender, Lenders may elect to respond based on parameters established by the Lender. Qualification for pre-approval does not constitute an offer to lend, a commitment for a loan, or a guarantee of specific rates or terms. If you, as a user, choose to contact a Lender through PadPath by completing a contact request or other request form on PadPath, you authorize PadPath to provide your name and contact information and other identifying information you provide to the Lender you choose, along with your quote or pre-approval request. You acknowledge that, by submitting your contact request or other request form on PadPath, you may receive telemarketing calls from or on behalf of the Lender you choose at the telephone number(s) you provide. By submitting your name, contact information and other identifying information, your identity will no longer be anonymous. Any loan or other business conducted is between you and the Lender.
b. Insurance. PadPath allows users to provide anonymous information to insurance companies, insurance agents, insurance brokers and their employees (collectively, the “Insurer”) to request quotes on terms for insurance policies. Insurers may elect to respond to user requests with non-binding customized quotes of the terms they would offer to a prospective policyholder fitting the user’s anonymous profile, as well as their contact information. When users submit the required information and request pre-approval from a participating Insurer, Insurers may elect to respond based on parameters established by the Insurers. Qualification does not constitute an offer to insure, a commitment for a policy, or a guarantee of specific rates or terms. If you, as a user, choose to contact an Insurer through PadPath by completing a contact request or other request form on PadPath, you authorize PadPath to provide your name and contact information and other identifying information you provide to the Insurer you choose, along with your quote request. You acknowledge that, by submitting your contact request or other request form on PadPath, you may receive telemarketing calls from or on behalf of the Insurer you choose at the telephone number(s) you provide. By submitting your name, contact information and other identifying information, your identity will no longer be anonymous.
c. Inspections. PadPath allows users to provide anonymous information to inspection companies, individual inspectors, and their employees (collectively, the “Inspectors”) to request quotes on property inspections. Inspectors may elect to respond to user requests with non-binding customized quotes fitting the user's property characteristics. If you, as a user, choose to contact an Inspector through PadPath by completing a contact request or other request form on PadPath, you authorize PadPath to provide your name and contact information and other identifying information you provide to the Inspector you choose, along with your quote request.
You acknowledge that, by submitting your contact request or other request form on PadPath, you may receive telemarketing calls from or on behalf of the Inspector you choose at the telephone number(s) you provide. By submitting your name, contact information and other identifying information, your identity will no longer be anonymous.
d. Title and Escrow Companies. PadPath allows users to provide anonymous information to attorneys, title companies, escrow companies, and their employees (collectively, the “Attorney”) to request quotes on title work and documentation preparation. The Attorney may elect to respond to user requests with non-binding customized quotes fitting the user’s transaction characteristics. If you, as a user, choose to contact the Attorney through PadPath by completing a contact request or other request form on PadPath, you authorize PadPath to provide your name and contact information and other identifying information you provide to the Attorney you choose, along with your quote request. You acknowledge that, by submitting your contact request or other request form on PadPath, you may receive telemarketing calls from or on behalf of the Attorney you choose at the telephone number(s) you provide. By submitting your name, contact information and other identifying information, your identity will no longer be anonymous.
e. The Role of PadPath; Disclaimer. PadPath is not a lender, mortgage broker, loan originator, loan processor, underwriter, insurance company, insurance agent, insurance broker, inspection company, inspector, attorney, title company, or escrow company. PadPath does not aid or assist users in obtaining products or services, solicit users or vendors for products or services, offer or negotiate terms of products or services, or make decisions in connection with products or services. PadPath does not take applications for products or services or issue pre-approval letters. Any request for quotes or pre-approval is not an application for products or services. PadPath does not endorse or recommend the products or services of any particular vendor. Nothing contained in the Services is an offer or a commitment for a product or service, and PadPath does not guarantee any specific terms and conditions offered to users by a vendor will be granted, or that users will be offered any type of product or services. PadPath is not an agent of either any user or any vendor. PadPath is only providing an administrative service to users and participating vendors. Decisions regarding requests are made by participating vendors and not PadPath. PadPath assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that users take based on the Services, and any other information available there. Pricing and rates provided through the Services are for information purposes only, and actual pricing and rates may vary.
f. Participating Vendors. The Vendors participating on PadPath are solely responsible for their services to users. PadPath shall not be liable for any damages or costs of any type arising out of or in any way connected with any user’s utilization of the PadPath Web site or the services offered by Vendors. PadPath is not responsible for any errors or delays caused by users or any vendors. PadPath reserves the right, at any time and in its sole discretion, to discontinue, suspend, or terminate the participation of any vendor or other user from PadPath.
g. Privacy PadPath will not provide personally identifying information about users to any vendor without the user’s consent. However, PadPath may use such information to improve the relevance of advertising shown to users. Please consult the Privacy Policy for more information.
7. Linked Materials and Third-Party Materials: The Services include links to third-party products, services and Web sites, as well as materials provided by third parties. PadPath does not endorse, and takes no responsibility for such products, services, Web sites, and materials. You understand that PadPath has no obligation to, and generally does not, approve or monitor materials provided by third parties through the Services. Your dealings with any third party arising in connection with the Services are solely between you and such third party, and PadPath takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
8. Claims of Copyright Infringement: PadPath 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 PadPath'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 as follows: By e-mail: support@padpath.com. PadPath’s copyright agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement as an attachment to your e-mail before we are required to take any action.
9. NO WARRANTY: PADPATH PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PADPATH, ITS SUPPLIERS, PARTNERS, AND STAKEHOLDERS, MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. PADPATH, ITS SUPPLIERS, PARTNERS, AND STAKEHOLDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
10. LIABILITY LIMITATION, EXCLUSIVE REMEDY: IN NO EVENT WILL PADPATH OR ANY PADPATH SUPPLIER, PARTNER, OR STAKEHOLDER, BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE.THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST PADPATH, ITS SUPPLIERS, PARTNERS, AND STAKEHOLDERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
11. Changes, Discontinuance:
PadPath reserves the right to change these Terms of Use at any time in its sole discretion. Any changes will be effective immediately upon posting the revised version of these Terms of Use to PadPath’s Web sites. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use. PadPath may alter, suspend or discontinue the Services at any time to you and/or to others, without notice.
12. Choice of Law, Disputes: These Terms of Use are governed by the laws of the State of Florida, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in Miami-Dade County, Florida for any and all disputes, claims and actions arising from or in connection with the Services and/or these Terms of Use. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys’ fees and expenses.
13. Indemnification: You agree to defend and hold PadPath, its affiliates, and their respective directors, officers, employees, and agents harmless from any and all claims and demands made by any third party due to or arising out of your breach of these Terms of Use, your use of the Services, your violation of any law or the rights of a third party, or any Submission made through your PadPath user account or that you otherwise make available through the Services.
14. Release: You release PadPath, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services. If you are a California resident, you waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
15. NOTICE TO BUYER(S): BUYER IS PROTECTED BY SPECIFIC LAWS PASSED BY FEDERAL, STATE, AND LOCAL LEGISLATURES THAT ENSURE SELLERS, DEVELOPERS, REALTORS, REAL ESTATE AGENTS, AND REAL ESTATE BROKERS DISCLOSE TO THE BUYER(S) ALL KNOWN FACTS ABOUT THE PROPERTY THAT MATERIALLY AFFECT ITS VALUE AND THAT ARE NOT READILY OBSERVABLE OR KNOWN BY THE BUYER. PADPATH’S DISCLOSURE FORMS ARE DESIGNED TO HELP COMPLY WITH THESE LAWS. HOWEVER, IT IS THE SELLERS RESPONSIBILITY TO DISCLOSE ANY MATERIAL FACTS THAT THEY ARE AWARE OF, WHETHER THEY ARE COVERED BY PADPATH DISCLOSURES OR NOT, TO THE BUYER. YOU SHALL INDEMNIFY, HOLD HARMLESS, AND DEFEND PADPATH AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, STOCKHOLDERS, AFFILIATES, SUBCONTRACTORS, PARTNERS, VENDORS, AND CUSTOMERS FROM AND AGAINST ALL ALLEGATIONS, CLAIMS, ACTIONS, SUITS, DEMANDS, DAMAGES, LIABILITIES, OBLIGATIONS, LOSSES, SETTLEMENTS, JUDGMENTS, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES AND COSTS) WHICH ARISE OUT OF, RELATE TO OR RESULT FROM ANY USE OR MISUSE OF SELLER DISCLOSURES PROVIDED TO PADPATH. THESE DISCLOSURES ARE BASED SOLELY ON THE SELLER’S ACTUAL KNOWLEDGE OF THE SUBJECT PROPERTY’S CONDITION AND THEIR WILLINGNESS TO SHARE SUCH KNOWLEDGE. THEY MAY BE MISSING INFORMATION THAT THE SELLER MAY NOT BE AWARE OF OR HAS CHOSEN NOT TO DISCLOSE. YOU ARE ADVISED TO HIRE INDEPENDENT PROFESSIONALS TO INSPECT AND ASSESS THE FACTS THAT AFFECT THE SUBJECT PROPERTY – INCLUDING BUT NOT LIMITED TO ITS CONDITION, ADHERENCE TO CODES, BOUNDARIES, SQUARE FOOTAGE, TITLE, AND TAXES.
16. ELECTRONIC SIGNATURE: WITH PADPATH, YOU ARE SIGNING ALL AGREEMENTS ELECTRONICALLY. YOU AGREE YOUR ELECTRONIC SIGNATURE (“E-SIGNATURE”) IS THE LEGAL EQUIVALENT OF YOUR MANUAL SIGNATURE ON THIS AND ALL OTHER AGREEMENTS. YOU CONSENT TO BE LEGALLY BOUND BY PADPATH’S, ITS TERMS AND CONDITIONS, AND ANY CONTRACTS SIGNED WITH YOUR E-SIGNATURE. YOU ALSO REPRESENT THAT YOU ARE AUTHORIZED TO ENTER INTO SAID CONTRACTS AS IT RELATES TO THE SUBJECT PROPERTY AND WILL BE BOUND BY THE TERMS OF THE CONTRACT. YOU FURTHER AGREE THAT EACH USE OF YOUR E-SIGNATURE IN OBTAINING A PADPATH SERVICE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY PADPATH TERMS AND CONDITIONS AS THEY EXIST ON THE DATE OF YOUR E-SIGNATURE. YOU UNDERSTAND PADPATH IS AN ONLINE SERVICE AND THE USE OF ELECTRONIC SIGNATURES AND CONSENT IS IMPORTANT TO HOW PADPATH FUNCTIONALITY WORKS.
17. General: You agree not to export from anywhere any part of the Services provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. All Services used by the U.S. Government are provided with the commercial license rights described herein. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. PadPath may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Service. PadPath’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use constitute the entire agreement between you and PadPath with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and PadPath with respect to the Services. The following sections of these Terms of Use shall survive any termination of these Terms of Use: 3, 9, 10, 12 through 17.
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