PhilaRadar

Terms of Service

Effective Date: December 22, 2024

This Service Agreement ("Agreement") governs your access to and use of the services, websites, and features offered by ELMNTS, LLC, dba PhilaRadar ("PhilaRadar," "we," "us," or "our"), including without limitation the website located at philaradar.com, and all associated web pages, tools, software, and functionalities (collectively, the "Services").

By accessing or using the Services, you ("User" or "you") acknowledge that you have read, understand, and agree to be bound by this Agreement. If you do not agree with these terms, do not access or use the Services.

1. ACCEPTANCE & MODIFICATIONS

  • Acceptance of Terms. By using our Services, you agree to this Agreement.
  • Modifications. We reserve the right to update or modify this Agreement at any time, with notice to you by posting the revised terms at philaradar.com/terms-of-service or by email. Your continued use of the Services after the effective date of any changes indicates your acceptance of the updated terms.

2. SCOPE OF SERVICES

  • Overview. PhilaRadar provides a real estate analytics platform, which may include data visualizations, information derived from public records, daily updates, and other related features.
  • No Guarantee of Results. While we strive to provide reliable, high-quality data, we do not guarantee the accuracy, completeness, or timeliness of the information.
  • Updates & Availability. We may modify, update, or discontinue parts of the Services at our discretion, without liability to you.

3. PAYMENT & BILLING

  • Subscription Fees. Access to the Services may require you to pay recurring subscription fees in advance of each billing period.
  • No Refunds. Payments are non-refundable. If you cancel your subscription, your access will remain active through the end of the current billing period, after which it will terminate.
  • Enterprise Plans. Certain enterprise or custom plans may have alternate billing arrangements or terms that override this Agreement, as mutually agreed in writing.

4. TERM & TERMINATION

  • Month-to-Month Term. This Agreement remains in effect for each monthly billing period.
  • Cancellation. You may cancel at any time, and cancellation becomes effective at the end of the current billing cycle.
  • Termination by Us. We may immediately suspend or terminate your access to the Services if we believe you have violated this Agreement or are otherwise misusing the Services.
  • Effect of Termination. Upon termination, your right to access the Services ends. Sections addressing disclaimers, intellectual property, limitations of liability, and indemnification will survive.

5. PERMITTED USE & RESTRICTIONS

  • License Grant. We grant you a limited, non-exclusive, non-transferable license to access and use the Services for internal business purposes only.
  • Prohibited Conduct. You agree not to:
    • Sell, rent, resell, or otherwise distribute the Services or any data derived therefrom to third parties.
    • Reverse-engineer, decompile, or attempt to extract source code from our software.
    • Circumvent or disable any security features of the Services.
    • Scrape, harvest, or use automated methods to extract data from the Services without our explicit written permission.
    • Use the Services for any illegal or unauthorized purpose.
  • Reservation of Rights. We reserve the right to enforce usage limits or disable your access if we detect violation of these terms.

6. PRIVACY & DATA SECURITY

  • Privacy. We collect and handle personal data in accordance with our Privacy Policy, available at philaradar.com/privacy-policy, which is incorporated by reference.
  • Data Security. We use industry-standard measures to safeguard any data you provide to us through the Services. However, no system is completely secure, and we cannot guarantee absolute security.
  • Use of Your Data. We do not sell or share your data with third parties except as necessary to provide the Services or as required by law. We only use your data to operate, maintain, and improve the Services.

7. INTELLECTUAL PROPERTY

  • Ownership. PhilaRadar (and its licensors, if any) retains all right, title, and interest in and to the Services, including but not limited to logos, trademarks, content, software code, and data provided.
  • Feedback. If you submit feedback or suggestions, we may use them without restriction and without compensation to you.

8. NO WARRANTY

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT (A) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (B) THE DATA PROVIDED IS ACCURATE OR COMPLETE; OR (C) THAT ANY DEFECTS WILL BE CORRECTED.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PHILARADAR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR DATA, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF PHILARADAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PHILARADAR'S TOTAL LIABILITY EXCEED ONE HUNDRED DOLLARS (USD $100).

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless ELMNTS, LLC dba PhilaRadar and its officers, employees, contractors, and affiliates from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your (a) use of the Services, (b) breach of this Agreement, or (c) violation of any law or third-party right.

11. THIRD-PARTY WEBSITES

The Services may contain links to third-party websites or content that we do not control. We do not endorse or assume responsibility for any such third-party sites or resources. Access and use of third-party websites is at your own risk.

12. GOVERNING LAW & DISPUTE RESOLUTION

  • Governing Law. This Agreement is governed by and construed in accordance with the laws of Pennsylvania, without regard to conflict-of-law principles.
  • Venue. Any dispute arising under or relating to this Agreement shall be brought exclusively in the state or federal courts located in Pennsylvania, and the parties consent to personal jurisdiction and venue therein.

13. MISCELLANEOUS

  • Entire Agreement. This Agreement (and any documents referenced herein) constitutes the entire agreement between you and PhilaRadar with respect to the Services and supersedes any prior agreements.
  • Assignment. You may not assign or transfer this Agreement without our written consent. We may assign or transfer this Agreement without restriction.
  • Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions remain in full force and effect.
  • No Waiver. Our failure to enforce any provision of this Agreement does not waive our right to do so in the future.