Effective Date: December 17, 2024
Last Updated: December 17, 2024
Welcome to CurbCheck. These Terms and Conditions ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "you", "your") and Pathlyte LLC, a Delaware limited liability company doing business as CurbCheck ("Company", "we", "us", "our"), governing your access to and use of our website located at curbcheck.ai (the "Website"), our browser extension (the "Extension"), our mobile applications (the "App"), and all related services, features, content, and applications offered by us (collectively, the "Services").
IMPORTANT NOTICE
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES. BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES. THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS AS DESCRIBED IN SECTION 18.
By creating an account, accessing, browsing, or using our Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional terms, policies, and guidelines that may be posted on our Website from time to time, all of which are incorporated herein by reference. We reserve the right to modify, update, or change these Terms at any time in our sole discretion without prior notice. Your continued use of the Services following any modifications constitutes your acceptance of such changes. It is your sole responsibility to review these Terms periodically for updates.
You must be at least eighteen (18) years of age and possess the legal authority to enter into a binding contract to use our Services. By using the Services, you represent and warrant that you meet all eligibility requirements. The Services are not directed to, nor intended for use by, individuals under the age of 18 or individuals who have been previously suspended or removed from the Services.
To access certain features of the Services, you may be required to register for an account. You agree to: (a) provide accurate, current, and complete information during registration; (b) maintain and promptly update your account information; (c) maintain the security and confidentiality of your login credentials; (d) accept all responsibility for activities that occur under your account; and (e) immediately notify us of any unauthorized use of your account. We reserve the right to suspend, disable, or terminate your account at any time for any reason, including if we reasonably believe you have violated these Terms.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities under your account. We shall not be liable for any loss or damage arising from your failure to safeguard your account credentials. You agree to notify us immediately of any unauthorized access to or use of your account.
CurbCheck provides property-level and micro-neighborhood scoring services that quantify various location-based factors including, but not limited to, traffic patterns, noise levels, tree coverage, privacy considerations, proximity to amenities, school quality, and socio-economic indicators. Our Services include:
Our Services incorporate data from various third-party sources, including public records, government databases, satellite imagery providers, and other data aggregators. We do not own or control such third-party data, and we make no representations or warranties regarding its accuracy, completeness, reliability, or timeliness. The availability and quality of third-party data may change without notice.
We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice, and without liability to you. We do not guarantee that the Services will be available at all times or operate without interruption or errors.
We offer various subscription tiers, including free and paid options. Features, usage limits, and pricing for each tier are described on our Website and may change from time to time. By subscribing to a paid plan, you authorize us to charge your designated payment method on a recurring basis according to your chosen billing cycle.
All fees are stated in U.S. dollars and are exclusive of any applicable taxes, which you are responsible for paying. You agree to provide current, complete, and accurate billing information and to promptly update such information as needed. Failure to pay any fees when due may result in immediate suspension or termination of your access to paid features.
Paid subscriptions automatically renew at the end of each billing period unless you cancel prior to the renewal date. You authorize us to charge your payment method for each renewal period at the then-current subscription rate plus any applicable taxes.
You may cancel your subscription at any time through your account settings. Cancellation will be effective at the end of the current billing period. ALL FEES PAID ARE NON-REFUNDABLE, AND NO REFUNDS OR CREDITS WILL BE PROVIDED FOR PARTIAL SUBSCRIPTION PERIODS, UNUSED FEATURES, OR UNUSED PORTIONS OF YOUR SUBSCRIPTION, EXCEPT AS REQUIRED BY APPLICABLE LAW. We reserve the right, in our sole discretion, to offer refunds or credits on a case-by-case basis.
We reserve the right to change subscription prices at any time. Price changes will take effect at the start of your next billing period following notice of the change. Your continued use of the Services after a price change constitutes acceptance of the new pricing.
We may offer free trials or promotional pricing from time to time. Such offers may be subject to additional terms, and we reserve the right to modify, suspend, or terminate any promotional offer at any time. At the end of a free trial, your subscription will automatically convert to a paid subscription unless you cancel before the trial ends.
You may use the Services only for lawful purposes and in accordance with these Terms. You agree to use the Services for your personal, non-commercial purposes (unless you have subscribed to a commercial or enterprise plan).
You agree not to:
If you are authorized to use our API, you must comply with any API documentation, rate limits, and usage policies we provide. We may monitor API usage and may suspend or terminate API access for any misuse or violation of these Terms.
Our browser extension operates on third-party websites that we do not own or control. You agree to use the Extension in compliance with the terms of service of those third-party websites. We are not responsible for any actions taken by third-party websites in response to your use of our Extension.
All content, features, functionality, and materials available through the Services, including but not limited to the software, algorithms, scoring models, data analyses, text, graphics, logos, button icons, images, audio clips, data compilations, and the compilation thereof (collectively, the "Content"), are the exclusive property of Pathlyte LLC or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial purposes (or commercial purposes if you have subscribed to an appropriate plan). This license does not include the right to: (a) resell or make any commercial use of the Services or Content; (b) copy, reproduce, distribute, or publicly display any Content; (c) modify or create derivative works based on the Services or Content; or (d) use any data mining, robots, or similar data gathering and extraction methods.
"CurbCheck," "Pathlyte," "The Reality, Unfiltered," our logos, and any other product or service names, slogans, or logos are trademarks or service marks of Pathlyte LLC. You may not use any of our trademarks without our prior written permission.
By submitting any content to the Services, including but not limited to saved properties, preferences, feedback, reviews, or other materials ("User Content"), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive, sublicensable (through multiple tiers), and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in any media format and through any distribution channels, for any purpose, including improving our Services, developing new features, and for marketing purposes.
If you provide us with any feedback, suggestions, ideas, or recommendations regarding the Services ("Feedback"), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback in any manner we deem appropriate without any obligation, attribution, or compensation to you.
We own all rights, title, and interest in and to any aggregated, anonymized, or de-identified data derived from your use of the Services. We may use such data for any business purpose, including to improve our Services, develop new products and features, and for benchmarking and analytics.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that: (a) the Services will be uninterrupted, timely, secure, or error-free; (b) the information provided through the Services will be accurate, reliable, complete, or current; (c) any defects or errors in the Services will be corrected; (d) the Services will be free of viruses or other harmful components; or (e) the Services will meet your specific requirements or expectations.
THE SCORES, ANALYSES, INSIGHTS, AND OTHER INFORMATION PROVIDED THROUGH THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON AS THE SOLE BASIS FOR ANY REAL ESTATE, INVESTMENT, OR OTHER FINANCIAL DECISION. YOU ACKNOWLEDGE THAT PROPERTY SCORES AND ANALYSES ARE ESTIMATES BASED ON PUBLICLY AVAILABLE DATA AND PROPRIETARY ALGORITHMS, AND MAY NOT REFLECT ACTUAL CONDITIONS, VALUES, OR OUTCOMES.
The Services do not constitute real estate, legal, financial, investment, appraisal, or other professional advice. We are not licensed real estate brokers, appraisers, attorneys, or financial advisors. You should consult with qualified professionals before making any real estate or financial decisions. We expressly disclaim any liability for decisions made based on information obtained through the Services.
Our scores and analyses rely on data from third-party sources, including public records, government databases, and data aggregators. We do not independently verify the accuracy or completeness of such data and disclaim all liability for errors, omissions, or inaccuracies in third-party data.
The Services may contain links to third-party websites, applications, or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, terms of service, or practices of any third-party websites or services. Your use of third-party websites and services is at your own risk.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PATHLYTE LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO US FOR USE OF THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, REGARDLESS OF THE LEGAL THEORY UPON WHICH DAMAGES MAY BE CLAIMED, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless Pathlyte LLC and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your violation of the rights of any third party, including intellectual property, privacy, or publicity rights; (e) any User Content you submit; or (f) any dispute between you and any third party. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.
You may terminate your account at any time by following the instructions in your account settings or by contacting us. Termination of your account will not entitle you to any refund of fees already paid.
We may terminate or suspend your account and access to the Services at any time, with or without cause, with or without notice, and without liability to you. Reasons for termination may include, but are not limited to: (a) violation of these Terms; (b) a request by law enforcement or government agencies; (c) discontinuance or material modification of the Services; (d) unexpected technical or security issues; (e) extended periods of inactivity; (f) non-payment of fees; or (g) engagement in fraudulent or illegal activities.
Upon termination: (a) your right to use the Services will immediately cease; (b) we may delete your account information and User Content; (c) any outstanding fees will become immediately due and payable; and (d) all provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification obligations, limitations of liability, and dispute resolution provisions.
Your privacy is important to us. Our Privacy Policy describes how we collect, use, store, and share your personal information. By using the Services, you consent to the collection and use of your information as described in our Privacy Policy. The Privacy Policy is incorporated into these Terms by reference.
By using the Services or providing your email address, you consent to receive electronic communications from us, including marketing emails, newsletters, transactional emails, and other communications. You may opt out of marketing communications at any time by following the unsubscribe instructions in those emails, but you may not opt out of transactional or administrative communications related to your account or the Services.
You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
We shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, pandemics, government actions, power outages, internet or telecommunications failures, cyberattacks, or third-party service provider failures.
We reserve the right to modify these Terms at any time in our sole discretion. If we make material changes to these Terms, we may notify you by posting a notice on our Website, sending an email to the address associated with your account, or by other means we deem appropriate. Your continued use of the Services after any such modifications constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, your sole remedy is to discontinue using the Services.
These Terms and any dispute or claim arising out of or related to them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without giving effect to any choice or conflict of law provision or rule.
Subject to the arbitration provisions below, any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the federal or state courts located in Wilmington, Delaware. You consent to the exclusive personal jurisdiction and venue of such courts and waive any objection to such jurisdiction and venue on the grounds of inconvenient forum or otherwise.
YOU AND PATHLYTE LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. UNLESS BOTH YOU AND PATHLYTE LLC AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and Pathlyte LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, or by another arbitration provider mutually agreed upon by the parties. The arbitration shall be conducted by a single arbitrator. The arbitration shall take place in Wilmington, Delaware, unless the parties mutually agree to a different location or to arbitration by video conference.
The party initiating the arbitration shall pay the initial filing fee. If you initiate arbitration and the arbitrator determines that your claims are frivolous or brought for an improper purpose, you agree to reimburse us for all fees and costs incurred in connection with the arbitration. Otherwise, the parties shall share the remaining arbitration fees and costs equally, unless the arbitrator determines otherwise.
You have the right to opt out of this arbitration agreement by sending written notice of your decision to opt out to: Pathlyte LLC, Attn: Legal Department, with the subject line "Arbitration Opt-Out." The opt-out notice must be sent within thirty (30) days of the date you first register for an account or otherwise agree to these Terms. If you opt out, you may still pursue claims against us in court.
This arbitration agreement shall survive the termination of your account and these Terms.
No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the remaining provisions of these Terms will continue in full force and effect.
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Pathlyte LLC regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
You may not assign or transfer these Terms or any of your rights or obligations hereunder without our prior written consent. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their successors, and permitted assigns.
You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, and sanctions programs administered by the U.S. Treasury Department's Office of Foreign Assets Control. You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to U.S. embargo or sanctions.
If you are accessing or using the Services on behalf of the United States government, the Services are provided as "Commercial Items" as defined in 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as those terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. The Services are licensed to U.S. government end users only as Commercial Items and with only those rights as are granted to other users under these Terms.
These Terms do not confer any third-party beneficiary rights. No person or entity that is not a party to these Terms shall have any right to enforce any provision of these Terms.
We respect the intellectual property rights of others. If you believe that any content available through the Services infringes your copyright, please send a notice of alleged infringement to our designated DMCA agent at: legal@curbcheck.com, or by mail to: Pathlyte LLC, Attn: DMCA Agent. Your notice must include: (a) a description of the copyrighted work; (b) identification of the allegedly infringing material; (c) your contact information; (d) a statement of good faith belief; (e) a statement under penalty of perjury that the information is accurate; and (f) your physical or electronic signature.
If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) as described in our Privacy Policy. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Services, please contact us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
If you have any questions about these Terms, please contact us at:
By using CurbCheck, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.