ParcelPull
Terms
1. What ParcelPull is
ParcelPull is a service of Harpeth Civil, Inc. ("Harpeth Civil," "we," "us"). It compiles publicly available GIS data about a lot into an on-screen summary, a downloadable PDF lot report and, on request, a CAD base file.
You accept these terms by checking the box when you download a PDF lot report or create an account. If you don't agree, don't use ParcelPull. You must be at least 18 to use ParcelPull. If you use it for a company, you accept these terms for that company too.
2. Lot reports: general information only
Lot reports are compiled automatically from public sources, including Metro Nashville Open Data, FEMA, USGS and USDA NRCS. They are general information to help with early, conceptual planning.
Lot reports are not a survey, not an engineering design or opinion, and not a determination by Harpeth Civil, Metro Nashville or any other agency. Don't rely on a lot report to decide whether to buy, sell, finance or insure property, or to decide flood insurance requirements. Zoning, flood zone, stormwater requirements, critical lot status and all other requirements are decided by the reviewing jurisdiction.
3. CAD base files: conceptual use only
CAD base files are for conceptual use only. They may not be used for planning submittals, permitting, design of record, construction of any type, or any purpose that requires accurate site information.
Lot lines, areas, elevations, contours, flood zone limits and all other features are approximate. No surveying or engineering services are provided. CAD base files carry no surveying responsibility or certification of any kind. They are not sealed and do not represent professional engineering or surveying work.
Before any design, permitting or construction, obtain a boundary and topographic survey from a licensed surveyor and verify all information with the reviewing agencies.
4. Ownership and your license
Harpeth Civil owns ParcelPull and the format, layout and compilation of its reports and files. The underlying public data belongs to the agencies that publish it.
We give you a limited, non-exclusive, non-transferable license to use each lot report and CAD base file for your own conceptual planning on the lot you requested. You may share a report or file with your own client or project team for that lot, but they are bound by the same limits in Sections 2 and 3, and you are responsible for telling them so. You may not resell, sublicense, publish or redistribute reports or files, remove their notes or disclaimers, or use ParcelPull to build a competing data set.
5. DATA ACCURACY AND NO WARRANTIES
Public data is provided by the agencies that publish it and may be incomplete, out of date or wrong. Sources can change or stop without notice. When a source doesn't respond, the report says which information is missing. Harpeth Civil does not verify public data.
PARCELPULL, ITS LOT REPORTS AND ITS CAD BASE FILES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT ALLOWED BY LAW, HARPETH CIVIL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND DOES NOT PROMISE THAT PARCELPULL WILL BE UNINTERRUPTED OR ERROR-FREE. THIS APPLIES TO THE PUBLIC DATA AND TO HOW PARCELPULL PROCESSES, CONVERTS AND PRESENTS IT.
6. Fees, refunds and beta codes
CAD base files are priced as indicated on the website at the time you request them, plus any applicable tax, unless a valid beta code applies. Payment is due when you request the file.
If a CAD base file fails to deliver or can't be opened, tell us within 30 days and we will fix it, replace it or refund the fee. Because files are generated on request, fees are otherwise non-refundable.
A beta code waives the fee for the number of files and the period stated on the code. Beta codes have no cash value, can't be transferred, and can be revoked.
7. Your account
Keep your password private. You're responsible for activity on your account.
We may suspend or close an account, or refuse a request, if it's used in a way that breaks these terms, such as reselling files, automated scraping or abuse of beta codes. You can close your account and ask for its data to be deleted at any time by emailing info@harpethcivil.com. See the Privacy Notice for what's collected and how it's used.
8. Your responsibility for misuse
You agree to defend, indemnify and hold harmless Harpeth Civil and its officers and employees from any claims, losses, damages and costs, including reasonable attorney's fees, brought by anyone else that arise from (a) your use of a lot report or CAD base file in a way these terms don't allow, (b) your sharing of a report or file with anyone, or (c) your breach of these terms.
9. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY LAW:
(a) HARPETH CIVIL'S TOTAL LIABILITY FOR ALL CLAIMS OF ANY KIND RELATING TO PARCELPULL, ITS LOT REPORTS, ITS CAD BASE FILES OR THESE TERMS IS LIMITED TO THE GREATER OF (1) THE FEES YOU PAID TO HARPETH CIVIL FOR PARCELPULL IN THE 12 MONTHS BEFORE THE CLAIM AROSE OR (2) $100.
(b) HARPETH CIVIL IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DESIGN, REDESIGN, PERMITTING OR CONSTRUCTION COSTS OR DELAYS, EVEN IF ADVISED THAT THEY WERE POSSIBLE.
These limits apply however the claim is described, whether in contract, tort (including negligence) or otherwise, except where the law does not allow them.
10. Time limit for claims
Any claim relating to ParcelPull must be brought within one year after the lot report or CAD base file was delivered, or after the claim otherwise arose, or it is permanently barred.
11. Governing law
These terms are governed by the laws of the State of Tennessee, wherever the lot or the user is located, without regard to conflict-of-law rules. Any dispute will be handled in the state or federal courts located in Davidson County, Tennessee, and you and Harpeth Civil consent to those courts.
12. Changes to these terms
We may update these terms. The version and date at the top show the current terms. If you have an account, we'll email you about material changes and ask you to accept them the next time you sign in. Changes apply to reports and files requested after the change.
13. General
These terms and the Privacy Notice are the entire agreement between you and Harpeth Civil about ParcelPull. If any part is found unenforceable, the rest stays in effect and that part is enforced as fully as allowed. Not enforcing a term isn't a waiver of it. You may not transfer your account or these terms. Harpeth Civil may transfer them to a successor business. We may send notices to the email on your account or the one you gave for a download. Sections 2 through 5 and 8 through 11 survive after your use of ParcelPull ends.
Contact
Harpeth Civil, Inc. · P.O. Box 313, Pegram, TN 37143 · info@harpethcivil.com · (615) 730-3502