Property Holding
Property Holding "CR"
Terms of Use
Property Holding Terms of Use
Last updated April 2024
This Website Terms of Use Agreement (“Website Terms”) is between you and Property Holding Law Firm, its past, present, or future parents, subsidiaries, affiliates, predecessors, assignees, successors, and their respective agents, employees, directors, officers, partners, and members (whether acting in their corporate or individual capacity) (“Property Holding,” “we” or “us”), with a principal place of business at 1409 Quarterpath Road, Williamsburg VA 23185. Notwithstanding any language in the Website Terms to the contrary, the Website Terms have the same effect as an agreement in writing and govern your use of this site and its content (the “Website”), your engagement of Property Holding’s services, your request that Property Holding contact you about its credit repair services, and/or your participation in Property Holding’s Text Message Program. Property Holding’s “Text Message Program” includes sending text message(s) to Property Holding and/or receiving text message(s) from Property Holding.
BY USING THE WEBSITE, ENGAGING PROPERTY HOLDING’S SERVICES, INCLUDING FREE HOLDINGSECURE SERVICES, REQUESTING THAT PROPERTY HOLDING CONTACT YOU ABOUT ITS CREDIT REPAIR SERVICES, AND/OR PARTICIPATING IN PROPERTY HOLDING’S TEXT MESSAGE PROGRAM, YOU SIGNIFY YOUR AGREEMENT TO THE WEBSITE TERMS.
Property Holding’s Privacy Policy applies to your use of Property Holding’s website, all services provided by us, your request that Property Holding contact you about its credit repair services, and/or your participation in Property Holding’s Text Message Program, and its terms are made a part of the Website Terms. To view Property Holding’s Privacy Policy please click on the “Privacy Policy” link. By using Property Holding’s website, engaging our services, requesting that Property Holding contact you about its credit repair services, and/or participating in Property Holding’s Text Message Program, you acknowledge you have reviewed Property Holding’s Privacy Policy and agree to its terms.
BY USING PROPERTY HOLDING’S WEBSITE, ENGAGING PROPERTY HOLDING’S SERVICES, REQUESTING THAT PROPERTY HOLDING CONTACT YOU ABOUT ITS CREDIT REPAIR SERVICES, ITS "HOLDINGSECURE" SERVICES AND/OR PARTICIPATING IN PROPERTY HOLDING’S TEXT MESSAGE PROGRAM, YOU AGREE TO ARBITRATE ALL CLAIMS BETWEEN YOU AND PROPERTY HOLDING ON AN INDIVIDUAL BASIS ONLY AND NOT AS A PART OF ANY CLASS. A “CLAIM” IN ANY CASE, CONTROVERSY, DISPUTE, TORT, DISAGREEMENT, LAWSUIT, LEGAL ACTION, OR CLAIM NOW OR HEREAFTER PENDING BETWEEN YOU AND PROPERTY HOLDING, INCLUDING BUT NOT LIMITED TO ANY ALLEGED STATE OR FEDERAL STATUTORY VIOLATION, OR ANY DISPUTE OVER THE INTERPRETATION OF THE WEBSITE TERMS OR THE ARBITRABILITY OF ANY CLAIM PURSUANT TO THE WEBSITE TERMS. THIS AGREEMENT TO ARBITRATE GOVERNS ALL PAST, CURRENT AND PROSPECTIVE INTERACTIONS WITH PROPERTY HOLDING. YOU AGREE THAT YOU ARE WAIVING ALL RIGHTS TO: (A) A TRIAL BY JURY; (B) PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION; AND (C) BRING AN ACTION AGAINST PROPERTY HOLDING IN A COURT OF LAW. YOU MAY INDIVIDUALLY ARBITRATE ANY CLAIM AGAINST PROPERTY HOLDING IN ANY JURISDICTION IN THE UNITED STATES. PROPERTY HOLDING WILL REIMBURSE YOU UP TO $300 OF YOUR ARBITRATION FILING FEE. THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION THEN IN FORCE SHALL GOVERN THE ARBITRATION (provided, however, that the terms of the Website Terms shall control over any inconsistency between the Rules of the American Arbitration Association and the Website Terms). The arbitrator shall have authority to interpret the Website Terms, including but not limited to the authority to decide whether any claim is arbitrable under the Website Terms and to decide issues related to the scope of arbitration, the rules of arbitration, the arbitrator’s jurisdiction, and the enforceability of the Website Terms. You agree that the Website Terms involves commerce under 9 U.S.C. §§ 1 et seq. and that this Arbitration Clause is governed by federal law, including the Federal Arbitration Act. The remainder of the Website Terms is governed by the laws of the state of Virginia, as provided in Section 17 below.
1. About the Website Terms
The Website is a service made available by Property Holding. If you do not agree to the Website Terms, you may not use the Website. We may modify the Website Terms at any time. If you do not agree to the changes, you must discontinue using the Website, discontinue using Property Holding’s services, rescind your request that Property Holding contact you about its credit repair services and services in general, and/or discontinue your participation in Property Holding’s Text Message Program before the changes take effect. Your continued use of the Website, use of Property Holding’s services, request that Property Holding contact you about its credit repair services or free HoldingSecure services, and/or participation in Property Holding’s Text Message Program after any such changes take effect constitutes your acceptance to such changes. Each time you visit or log in to the Website, continue using Property Holding’s services, continue your request that Property Holding contact you about its credit repair services, additional services, and/or participate in Property Holding’s Text Message Program, you reaffirm your acceptance of the Website Terms. You are responsible for regularly reviewing the Website Terms, by clicking on the "Terms of Use" link at https://www.PropHolding.com/terms-of-use. The Website Terms may be supplemented by additional terms and conditions applicable to privacy, specific areas of this Website, or to where particular content or transactions are posted in particular areas of the Website and, together with the Website Terms, govern your use of those areas, content, or transactions.
2. About the Website
The Website gives users information about Property Holding’s credit repair services, general educational and informational resources about credit, and the ability to sign up for and engage Property Holding’s services.
3. Property Holding’s Services
By requesting a Credit Assessment, you acknowledge and agree that you are providing Property Holding “written instructions” in accordance with the Fair Credit Reporting Act to obtain your credit reports from any consumer reporting agency, affiliate or third party and to use your credit reports to provide your Credit Assessment.
You are not required to engage Property Holding’s services in order to visit and read material on the Website; however, you will need to engage Property Holding’s services if you want it to assist you in your efforts to improve your credit reports and rating. If you engage Property Holding, you agree to provide accurate and complete information. You must be legally capable to enter into contracts. It is your responsibility to make any updates to your sign-up information. Each engagement is for a single person only. We do not permit any other person to engage Property Holding’s services on behalf of another unless you have an appropriate Power of Attorney. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you should notify Property Holding immediately by emailing usage@propholding.com
If you participate in Property Holding’s Text Message Program after you engage Property Holding, you may stop receiving servicing text messages by texting STOP (and no other words or characters) to the short code from which you received the Property Holding text message(s). Almost all STOP requests are taken care of immediately, but it may take up to 3 business days from the date you text STOP to be removed from Property Holding’s texting list(s). Note that texting STOP in response to a servicing text message will only stop servicing text messages and will only stop text messages to the phone number you used to text STOP.
4. Case Files
Should you choose to engage Property Holding’s services, you will enter into a separate written agreement with Property Holding. Each legal file we create in conjunction with this separate written agreement is called a “Case File.” Your Case File will continue to be subject to the agreements otherwise governing them, except where so noted in the related agreement. Each Case File will be subject to the following:
• The terms or instructions appearing on a screen when using the service;
• Property Holding’s policies and procedures applicable to the Case File and the online service;
• Applicable state and federal laws and regulations.
5. Access to Case Files
You authorize Property Holding to provide access to your Case File through its online services. You may access your Case File at the link that was provided upon registration (the “Client Website”) to obtain account payment information, a sequential docket of services provided and notes made to the file, credit report information received from you by Property Holding and input into your file, your disputing instructions, and other information. To access a Case File through the online service you must have a password and the required hardware and software. Subject to the terms of this agreement and any separate written agreement(s), you will generally be able to access your Case File through the Client Website seven days a week, 24 hours a day. Case File information is posted to the file at the time work is completed on the Case File.
At certain times, the online services may not be available due to system maintenance or circumstances beyond our control. During these times, you may call Property Holding at (800) 313-1135 or send an E-mail to clientinquiry@propholding.com to obtain information about your Case File.
6. Ownership
The Website contains information, content or advertisements text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (collectively, the "Content") that are protected by copyrights, trademarks, service marks, trade dress, patents or other intellectual or proprietary rights owned by Property Holding or other third parties. All trademarks and copyrighted information contained on the Website are the property of their respective owners. Further, Property Holding retains all rights (including intellectual property rights), title and interest in the Website, technology, and all underlying technology and data including any enhancements, software, applications and improvements related to the Website (the "Technology”) (the terms Content and Technology collectively will be referred to as the "Materials"). You may not remove from any electronic or printed copy any copyright, trademark, or other proprietary notice.
7. Use of Website and Materials
Property Holding provides the Website and the Materials for your individual, non-commercial use and solely for the purpose of carrying out individual transactions with the Website. Any other use of the Website or the Materials is strictly prohibited. You may not, either directly or indirectly:
• Modify, republish, redistribute, delete, resell, sublicense, publicly perform, cache by proxy the Website or Materials without the express written permission of Property Holding or the applicable rights holder;
• Use the Materials for telemarketing, direct marketing, and commercial mass e-mail or by agents or representatives or e-mail spammers;
• Reverse engineer, decompile, disassemble, merge, copy, use, disclose, rent, lease, loan, sell, sublicense or transfer the underlying source code or structure or sequence of the Technology or delete or alter author attributes or copyright notices;
• Use any network monitoring or discovery software to determine Website architecture, or extract information about usage or users;
• Reformat or frame any portion of the Website or Materials;
• Use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;
• Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
• Attempt to gain unauthorized access to other computer systems;
• Violate the Website Terms, applicable law or the rights of others; or disrupt or interfere with the security of, or otherwise cause harm to, the Website.
Any permitted use of the Website does not extend to using the Website or Materials for any illegal purpose, or to transmit to or through the Website or to or through any service any illegal, harmful, threatening, defamatory, obscene, hateful, pornographic or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the Website or Materials.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Website if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.
8. License
By using the Website, uploading content to or submitting any materials for use on the Website, you grant (or warrant that the owner of such rights has expressly granted) Property Holding a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials and/or information generated through use of the Website or incorporate such materials and/or information generated through use of the Website into any form, medium, or technology now known or later developed throughout the universe. We need these rights to host and display your content.
Anonymous, aggregate information that does not contain personally identifiable information, comprising account information, or other available data that is collected through your use of the Website, may be used or licensed by Property Holding for various purposes including but not limited to conducting certain analytical research, performance tracking, benchmarking, helping to improve products and services and to assist in troubleshooting and technical support.
9. Automated Activity
The Website may use robot exclusion methods, which include robots.txt files and HTML meta tags, which expressly allow and/or exclude specified automated programs from accessing certain portions of the Website. Much of the information on the Website is updated on a real time basis and is proprietary or is licensed to Property Holding by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose, including but not limited to performing "offline" searches and mirroring, without our express written permission as indicated in the then current robots.txt file or HTML meta tags on the Website. Additionally, you agree that you will not bypass our robot exclusion methods or other measures we may use to prevent or restrict access to the Website.
10. Linking
You may provide links only to the homepage of this Website, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, (b) you give Property Holding notice of such link by sending an e-mail to usage@propholding.com and (c) you discontinue providing links to this Website if requested by Property Holding. If you wish to provide links to a section within the Website, you should forward your request to Property Holding at usage@propholding.com and Property Holding will notify you if, within its sole and unfettered discretion, permission is granted, and, if so, the terms and conditions of the permission.
11. Representations
You represent and warrant to us that (a) you are legally capable to enter into contracts, (b) you are providing us at all times true, accurate and up to date information about yourself, (c) you will comply at all times with the Website Terms and applicable law and (d) your use of the Website and any transactions that you make with us will not violate the rights of any third party.
Property Holding’s services and Website, the underlying information, software and technology are subject to U.S. export controls. None of the Website services or content may be downloaded, or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Sudan, Syria or any other country subject to U.S. sanctions applicable to the export or re-export of goods, (ii) to anyone on the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons List, or the U.S. Commerce Department’s Denied Persons List, Unverified List, Entity List or Nonproliferation Sanctions List. By using Property Holding’s services and Website, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you acknowledge you are responsible to obtain any necessary U.S. government authorization to ensure compliance with U.S. law.
12. Disclaimer
Property Holding makes every effort to ensure the information presented in, on or through its Website is accurate; however, Property Holding makes no guarantee as to such information, and is not responsible for any resulting loss or damage.
13. Warranty, Liability, Indemnification
Property Holding makes no representations regarding the availability and performance of its Website. You hereby acknowledge that any use of the Website and reliance upon any Materials shall be at your sole risk and that Property Holding shall not be liable for any loss of data, lost profits or any other damages or losses resulting from such use.
THE WEBSITE AND MATERIALS ARE PROVIDED BY PROPERTY HOLDING ON AN "AS IS" BASIS AND AS AVAILABLE, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. PROPERTY HOLDING EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. WE MAKE NO REPRESENTATIONS THAT THE WEBSITE OR MATERIALS WILL MEET YOUR REQUIREMENTS, OR THE RESULTS THAT YOU MAY GAIN FROM YOUR USE OF THE WEBSITE.
IN NO EVENT SHALL PROPERTY HOLDING, ITS SUBSIDIARIES, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE MATERIALS REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT OR OTHERWISE. PROPERTY HOLDING SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER RESULTING FROM ANY FAILURE OF THE INTERNET. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.
PROPERTY HOLDING DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE WEBSITE WILL BE FREE OF VIRUSES, "WORMS", "TROJAN HORSES", OR THEIR HARMFUL COMPONENTS. PROPERTY HOLDING'S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY PROPERTY HOLDING SHALL BE CANCELLATION OF YOUR ACCOUNT.
14. Indemnity
You agree to indemnify, defend, and hold harmless Property Holding, its subsidiaries, officers, directors, employees, agents, representatives, vendors and distributors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation or breach of any representation or obligation under the Website Terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
15. Privacy
We may, subject to and in accordance with our Privacy Policy for marketing and other purposes, collect, process and transmit certain data obtained from and about you in the course of your accessing the Website or during a phone consultation, including information collected in the course of an abandoned transaction. By agreeing to the Website Terms you agree to such data being so used and further agree that it may be transmitted to others whether or not within the United States in accordance with our Privacy Policy and under applicable privacy and data protection legislation. Information on how and what type of data (if any) is held about you can be obtained by visiting our Privacy Policy link or by contacting us directly at 800-313-1135.
16. Electronic Notices and Transactions
You agree to transact with us electronically. This means you agree to accept any terms and conditions and to transact any business with us by electronic means, which includes receiving all documents in HTML or PDF format and communicating over the Internet. You also certify that you are at least 18 years of age and have access to the Internet to receive Property Holding’s services, to request that Property Holding contact you about its credit repair services, to participate in Property Holding’s Text Message Program, and to view, print and retain all documentation. You authorize us to send you important notices about the Website and any pending transactions to an email address you provide to us, if you are a client of Property Holding or have requested that we contact you about our credit repair services. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use the Website or Property Holding’s services. You can retrieve and review the Website Terms at any time by visiting https://www.propholding.com/terms-of-use and may receive paper copies by calling Property Holding at 800-313-1135.
17. Access
You are responsible for obtaining at your own expense all equipment and services needed to access and use the Website, including all devices, Internet browsers and Internet access. If you access the Website or a Website application through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.
18. Notice Regarding Technology
Your use of the Website must comply with all applicable laws in the territory in which you access and use the Website.
19. Miscellaneous
Property Holding and subsidiary reserves the right to investigate complaints or reported violations of the Website Terms and to take any action Property Holding deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e- mail addresses, usage history, posted materials, IP addresses and traffic information. Property Holding reserves the right to seek all remedies available at law and in equity for violations of the Website Terms, including but not limited to the right to block access from a particular Internet address to any Property Holding website. These incorporate by reference any notices contained on the Website and constitute the entire agreement with respect to access to and use of the Website, your request that Property Holding contact you about its credit repair services, and/or your participation in Property Holding’s Text Message Program. You agree that the provisions and covenants set forth herein are reasonable. In the event that any provision or covenant of the Website Terms shall be held invalid, illegal or unenforceable by a court or arbitrator of competent jurisdiction for any reason, including but not limited to the scope thereof, then such provision will be severed and replaced with a new provision that most closely reflects the original intention thereof, and the remaining provisions of the Website Terms will remain in full force and effect for the greatest time period and for the broadest scope permitted by applicable law. Without limiting the foregoing, you agree and request that if any court or arbitrator of competent jurisdiction considers any provision or covenant of the Website Terms to be overly broad based on the circumstances at the time enforcement is requested, that such court or arbitrator construe and enforce the provision or covenant to the fullest extent that such court or arbitrator deems reasonable.
THE WEBSITE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF VIRGINIA, USA, AS THEY APPLY TO AGREEMENTS MADE SOLELY THEREIN, PROVIDED, HOWEVER, THAT THE ARBITRATION CLAUSE IS GOVERNED BY FEDERAL LAW. The Arbitration Clause, the obligations in the first four paragraphs of the Website Terms, Sections 5 through 8, 10 through 15 and 17 through 20, shall survive termination of the Website Terms.
Property Holding shall not be deemed to have waived any rights or remedies in the Website Terms unless such waiver is in writing and signed by Property Holding. No delay or omission on the part of Property Holding in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a waiver of any rights or remedies on future occasions.
The Website Terms constitutes the entire agreement and understanding between you and Property Holding, except as you and Property Holding may later agree in writing to modify the Website Terms. The Website Terms supersedes any and all prior agreements and understandings, oral or written, relating to the subject matter contained herein.
20. Confidentiality of Information
ALL ARTICLES AND MATERIAL DISPLAYED BY US ON THE WEBSITE ARE FOR INFORMATION ONLY (EXCEPTING PROPERTY HOLDING’S PRIVACY POLICY AND THE WEBSITE TERMS, WHICH ARE BINDING CONTRACTS), ARE NO SUBSTITUTE FOR SPECIFIC ADVICE, AND ARE IN NO MANNER TO BE CONSIDERED LEGAL ADVICE OR OTHER LICENSED PROFESSIONAL ADVICE OR A SUBSTITUTE THEREFOR. FOR SPECIFIC LEGAL ADVICE REGARDING YOUR PARTICULAR CIRCUMSTANCES, YOU MUST RETAIN LEGAL COUNSEL. Property Holding does not represent or guarantee the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Website. You acknowledge that any reliance upon any such materials, opinion, advice, statement, memorandum, or information shall be at your sole risk. Property Holding reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website.
Any information contained on the Website with respect to results obtained by Property Holding is not meant to indicate that the same or similar results can or will be obtained in other cases or situations. Results will vary depending on the facts and circumstances of each individual matter. Prior results do not predict, warrant or guarantee a similar outcome. References to past or present clients or the circumstances of their specific matters do not constitute testimonials or endorsements by such clients, nor are they a guarantee, warranty or prediction of the outcome of your legal matter.
Electronic mail or other communications through this site to Property Holding (or any of its subsidiaries, other employees, agents or representatives) are not secure and are not subject to any privilege. Accordingly, Property Holding does not guarantee the confidentiality of such communications. You acknowledge that transmissions to and from the Website are not confidential and your communications may be read or intercepted by others. Any unprotected e-mail communication over the Internet is subject to possible interception or loss, is not confidential and is also subject to possible alteration. We are not responsible for and will not be liable to you or any third party for damages in connection with an e-mail sent by you to us or an e-mail sent by us to you, or anyone you designate, at your request. Violators of this section who use our services for any illegal purpose including but not limited to repeated unwanted emails or “Spam,” may be prosecuted to the full extent of the law. You acknowledge that by submitting communications to Property Holding, no confidential, fiduciary, contractually implied or other relationship is created between you and Property Holding other than pursuant to the Website Terms and any subsequent written agreement entered into with Property Holding.
You are solely responsible for (a) maintaining the confidentiality and security of your login information, passwords, and any other security or access information used by you or anyone you authorize on your behalf to access the Website and your account information, (b) preventing unauthorized access to or use of the information, files, or data that you store or use in or with Property Holding’s Website, (c) all electronic communications, including account registration and other account holder information, email and financial, accounting and other data entered using the Property Holding Website, and (d) without limiting the foregoing, any and all activities that occur under your account. Property Holding will assume that any communications received through the use of the Property Holding Website was sent or authorized by you. You agree to immediately notify Property Holding if you become aware of any loss, theft, or unauthorized use of the Property Holding Website or your account information.
Please do not use the information on our Website to distribute unsolicited bulk e-mails, solicitations or inquiries. The foregoing acts will constitute a violation of the Website Terms.
21. Use of Financial Application Services
Property Holding’s Website will allow you access to third party provider services (“Provider Services”). Property Holding has no control over the Provider Services or your access to the Provider Services. Property Holding does not guarantee the Provider Services. By using the Provider Services, you acknowledge Property Holding disclaims any and all liability whatsoever for any actions or inactions of Provider Services.
Property Holding provides the Website for your convenience. You use and rely on the information therein at your sole risk. Neither Property Holding nor any of its affiliates, third party providers, partners, licensors, employees, distributors or agents is responsible or liable for, or makes any representations or warranties as to the following, without limitation:
• Any representations, promises, recommendations or inducements that may be made by or through any party (including vendors) found at, on, through or from the Website;
• The timeliness, accuracy, reliability, completeness, legality, copyright compliance or decency of the Website;
• Any inaccuracy, omission, error or delay in the services offered on the Website;
• Non-performance of or interruption to the Website or its services due to (i) any act or omission by any disseminating party, (ii) any force majeure or any other cause beyond the control of any disseminating party, or (iii) outages, transmission quality or malfunctions of telephone circuits or computer systems, including any defects or failures with respect to your software computer systems or Internet access provider;
• Any loss resulting from, including any unauthorized access by a third party, arising out of or related to your access and/or use of or interaction with the Website.
22. General Provisions
A. SEVERABILITY. In the event that any provision or covenant of this Contract shall be held invalid, illegal or unenforceable by a court or arbitrator of competent jurisdiction for any reason, then such provision will be severed and replaced with a new provision that most closely reflects the original intention of the parties, and this Contract and all of its remaining provisions shall remain in full force and effect for the greatest time period and for the broadest scope permitted by applicable law. You understand and agree that your obligations under Sections III, V, and VIII, and any other provision which by its nature should survive termination, shall survive and remain enforceable after termination of this Contract for any reason without restriction or limit.
B. CONFLICTS IN TERMS. In the event of a conflict between any notice, policy, disclaimer or other term contained in the Websites or otherwise, the terms and conditions of this Contract shall control.
C. FORCE MAJEURE. Property Holding and Property Holding CR shall not be liable by reason of any failure or delay in the performance of its obligations hereunder due to any reason beyond its reasonable control.
D. COPYRIGHTS AND TRADEMARKS. You acknowledge and agree that the Content are the property of Property Holding or its licensors and suppliers and are protected by federal, state, and international copyrights laws, including the common law. Any other Content not owned by Property Holding that appears on the Websites is the property of its respective owner(s). All software used on the Websites is the property of Property Holding or its software suppliers and is also protected by federal, state, and international copyright law, including the common law. Reproduction of such Content, in whole or in part, is prohibited without prior consent.
E. PRIVACY NOTICE. Your telephone calls may be recorded and monitored for quality assurance. Property Holding may use and share your personal information with third parties when delivering services related to your Representation and as allowed by these terms of use and the privacy policy located online at https://www.PropHolding.com/privacy-policy. You may also request a copy of Property Holding’s privacy policy and terms of use by calling Property Holding. By executing this Contract, you acknowledge you have reviewed and agree to Property Holding’s privacy policy and terms of use. To the extent Property Holding’s privacy policy or terms of use conflict with this Contract, this Contract shall control. Property Holding will not sell your information to third parties.
23. Free "HoldingSecure" Provisions
You agree that upon expiration of your Engagement Agreement by operation of state law or your cancellation of the credit repair services then being provided, that Property Holding may continue to provide you free "HoldingSecure" services, which includes selected credit monitoring and an updated credit report and score every three months. You will also continue to have access to the Client Site for six months. Should you wish to cancel this free service or engage the Firm’s credit repair services again, please contact us.