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You (referred to herein as “Licensee”) have registered an online account with CoreLogic Solutions, LLC (“CoreLogic" "we" or "us") to obtain certain property reports from CoreLogic each of which incorporates proprietary data of CoreLogic and data which CoreLogic has licensed from one or more third parties and made available through its websites and mobile application (“Sites”) from time to time (“SkyMeasure Reports” or “Reports”). The following Terms of Use contain an agreement to arbitrate all claims as well as disclaimers of warranties and limitations of liability. Please read these terms carefully.
To help ensure satisfaction, CoreLogic recommends the following guidelines when ordering and using a SkyMeasure Report:
a. Verify the correct property location when entering the Report by “clicking” and “dragging” the pin directly over the correct structure on the verification map.
b. Take the Report to the job site during the inspection process to verify that the structure or area that was measured matches the property location. Perform a quick walk around the property with the Report in hand to verify that all details of the structure are included in the Report.
c. Once steps (a) and (b) are complete, CoreLogic recommends that for roof reports, Licensee verify the longest Eave or Ridge measurement and the pitch of the entire structure (in most cases this can be done from the ground). For wall reports, verify bottom length of one of the wall planes.
d. Repeat the guidelines above in (a), (b) and (c), for each structure, in the case of a multiple building project, such as an apartment or condominium complex, for each structure, as needed.
LICENSEE THUS GIVES UP THE RIGHT TO GO TO COURT TO ASSERT OR DEFEND LICENSEE’S RIGHTS. LICENSEE ALSO GIVES UP LICENSEE’S RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. LICENSEE’S RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.
The arbitration will be held before one arbitrator under the arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitration will be conducted in Orange County, California. The arbitrator will be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, Licensee will select an arbitrator from a panel of arbitrators acceptable to CoreLogic. In any arbitration, CoreLogic will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand.
Any judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator will not have the power to multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate will not be construed as an agreement to the joinder or consolidation of an arbitration under these Terms of Use with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
Should a dispute arise and should the arbitration provisions become inapplicable or unenforceable, Licensee agrees that jurisdiction over and venue of any suit will be exclusively in the state and federal courts sitting in Orange County, California. If either party employs attorneys to enforce any right in connection with any dispute or lawsuit the prevailing party is entitled to recover reasonable attorneys' fees.
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