Terms of Use

Effective as of 2nd of November 2017

Estated's Terms of Use Agreement explain the terms and conditions under which you are able to use services provided by Estated. Please read carefully this Terms of Use document, and keep a copy of it for your reference.

BY ACCESSING OUR WEBSITE, OUR SERVICES OR ACCESSING ANY CONTENT THAT IS MADE AVAILABLE BY ESTATED YOU EXPRESS YOUR AGREEMENT TO BE LEGALLY BOUND BY OUR TERMS OF USE STATED IN THIS DOCUMENT, SO PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES AS YOU ARE ENTERING INTO A BINDING CONTRACT WITH ESTATED.COM. IF YOU DO NOT AGREE WITH (OR CANNOT COMPLY WITH) THE TERMS AND CONDITIONS SET FORTH BELOW, DO NOT USE OR ACCESS OUR SERVICES.

By using our services or accessing our website you agree with our general Terms of Use and consent to our Privacy Policy. These Terms do not interfere with any obligation or authorization provided in any other agreement concluded between you and Estated.com.

1. DEFINITIONS

1.1 The following definitions explain some of the terminology and abbreviations used throughout our Terms of Use Agreement:

'Terms/Agreement' refers to the latest version of this Terms of Use Agreement document.

'User/You' refers to any person using our Services or accessing the Site.

‘We/Us/Estated’ refers to Estated, the Site, and their developers and affiliates.

‘Customer’ refers to the User who places an order with us to obtain the Report.

‘Privacy Policy’ refers to Privacy Policy document governing the rules of collecting, using and storing information provided by Users.

‘Outside source’ refers to any application, website, natural or legal entity other than Estated or their affiliates.

‘Content’ refers to all images, text, audio and video data or any other information located on the Site or provided through the Services.

‘Report’ refers to real estate record obtained through Estated.

‘Services’ refers to the functionality of the Site, and the option of purchasing and ordering through the Site.

2. USE OF THE SERVICES

(A) ELIGIBILITY

2.1 By placing the order or using our Services, you confirm that you are at least 18 years of age. By accessing the Site or using our Services, you confirm that you will not use the Site or the Services contrary to these Terms or applicable laws.

2.2 We may not control who uses the Site or the Services, so it is upon you to assess whether using the Site or our Services is in compliance with any local laws and regulations. Whenever you are using our Site or Services you will need to comply with these Terms and any applicable laws, regulations and policies. If any part of the Site or the Services is not in compliance with your local laws, you may not use the Site and the Services. Any such Service will be considered as ‘not available in your region’.

(B) SERVICES AVAILABILITY

2.3 All Services are available 99.9% of the time during each calendar month. The Services may be unavailable during any scheduled or unscheduled urgent maintenance of the Site or Services. The Services may also be interrupted or unavailable due to technical difficulties, third- party, public network or system unavailability, or any cause which is beyond our control, including but not limiting to force majeure or actions of third parties. We may terminate your access to the Site and Services due to the breach or suspected breach of this Agreement.

2.4 If a User can demonstrate that the Service was not available or usable in accordance with our availability guarantee, for any reason not included in the previous paragraph, and that reasonable attempts were made to contact Estated to resolve the issue we may provide the User with a pro-rata refund of service fees paid during the period when the Service was not available or usable in form of Service credits for your next payment on Estated.

C) SCOPE OF THE SERVICES

2.5 Full list and description of our pricing and membership plans is available on the Site. We reserve the right to change and update our prices and membership plans periodically at any time and without notification. All changes become effective from the day of publishing. Pricing for membership plans that are active in the moment of price modifications will remain unchanged for the entire duration of the active membership plan cycle. All plans renew automatically at the completion of the billing term. The renewal term is by default for the same duration as the billing term for the original subscription. The subscription fee will be charged automatically to the payment method you have selected. If you would like to discontinue automatic renewal, you may login at the Site and turn off auto renewal.

FREE REPORT AND SINGULAR REPORTS

2.10 Each new User is given one free full report when registering on the Site. One User may only register one account. Users are able to purchase individual reports for the fixed price specified on the pricing page.

NONSTANDARD PRICING

2.11 Estated sometimes offers promotional pricing on membership plans. If you enroll in a nonstandard membership plan, Estated expressly reserves the right to bill you at the identified price and based on the terms disclosed at the time you enroll.

CANCELLATION

2.12 You can cancel your membership plan at any time by following the form available on the Site. When you choose to cancel your membership plan, we will stop billing you for future monthly fees. Cancellation does not affect already paid membership fees, and services. You may continue using our services until the already billed membership period expires.

REFUND

2.13 If you are ever not satisfied with the quality of the Reports, feel free to contact us at support@estated.com. We will do everything in our power to ensure your satisfaction with our services. Every refund request is handled on a case-by-case basis, and all refunds are made at the discretion of Estated.

TAXES

2.14 All of the prices listed on the Site are shown tax-free. Our services are subject to applicable taxes of your place of residence.

PAYMENT METHODS

2.15 All of the prices listed on the Site are shown in the USD. All payments must be conducted in the USD currency. We accept several methods of payments including debit cards, credit cards, and Paypal. Providers of payment services are separate legal entities, and we can not influence or affect in any way the fees or other expenses charged by them. Please refer to these payment service providers’ terms of service for more details.

2.16 By placing the order for either standard property Report or premium property Report, you authorize Estated to charge your debit card, credit card, or other payment method listed accordingly. By registering for either premium membership plan or enterprise account, you authorize Estated to charge your debit card, credit card, or other payment method listed at the moment of registering for the first month, and to charge every subsequent membership fee at the beginning of each billing cycle. Canceling your membership does not affect already paid fees.

(D) API SERVICES

2.17 Description of the API Services is available on the Site. We are constantly developing and improving to provide you with the best service possible. We may update or change available Services from time to time.

2.18 Use of API Services is connected with additional costs. The full list of pricing and subscription plans is available on the Site.

2.19 Users may use our API Services to display its content on their respective websites, application, or for other use provided that there is a written permission by Estated. You may not use API Services for purposes which were not approved by us.

2.20 Any data provided by the API Services may be stored for future use as long as you maintain an active account with Estated. The account remains active if the User makes payment for API Services in last sixty (60) days.

2.21 Use of API Services is not permitted for the purpose of determining the persons eligibility for (i) credit or insurance for personal, family or household purposes, (ii) employment, (iii) government license or benefit, (iv) any other purpose governed by the Fair Credit Reporting Act.

(E) REGISTRATION

2.22 When registering for our Services, Users are required to provide true, accurate, current and complete information about themselves as prompted by registration forms provided. You agree to update your information should there be any changes, in order to keep registered information true, accurate, current and complete. If you provide information contrary to aforementioned conditions, we may deny you or terminate your access to the Site, parts of it or our Services. We are not responsible for any failure in providing the Services which results from information that is not true, accurate, current and complete.

2.23 You understand that it is your responsibility to keep your log in information confidential. You are responsible for all activity under your account. If you ever find out or suspect that someone accessed your account without authorization, you are advised to inform us immediately.

(F) CONTACT

2.24 By allowing us access to your e-mail address, you agree that we may contact you using such contact information, for any matters relating to the Services (Service e-mails). These e- mails do not constitute “unsolicited commercial e-mail advertisements” and you are not able to opt-out of receiving them. We may also inform you through e-mail about news, promotions, special offers and or other topics of interest related to the Estated and our affiliates (Promotional e-mails). You may choose to stop receiving these promotional e-mails at any time by following the instructions contained in promotional e-mails.

2.25 If you have any question or suggestion you can contact us at support@estated.com.

3. PLACING THE ORDER

3.1 Users are able to place the order directly on the Site by filling the designated form and providing payment information. Upon placing the order, you will receive a confirmation e-mail confirming our acceptance of the order or informing you of the reasons for why we are not able to provide requested service. If you do not receive the confirmation e-mail within 24 hours from placing the order, please contact us at support@estated.com.

3.2 If your card has already been charged for the order we are unable to provide, we will inform you of our inability to provide you with the service, and we will give you a 100% refund.

3.3 We may, at our own discretion, limit the number of available Reports or refuse to provide the service without the need to deliberate on the reasons for such action. We may especially refuse to accept your order if:

  1. The billing information you provided is incorrect, or invalid, or we are otherwise unable to process the payment,
  2. We suspect that order is fraudulent. We reserve the right to refuse any order which we, in our sole discretion, find to have been placed as a result of fraudulent activity,
  3. Your order is placed pursuant to previous credit card dispute.

3.4 You may only purchase or order Reports for non-commercial, personal use and any other use is not permitted. You may not sell or resell any Reports you purchase or otherwise receive from Estated. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or Reports to be provided to you that may result in a violation of these Terms, as determined by us in our sole discretion.

4. ACCEPTABLE USE POLICY

4.1 You agree that you will not misuse our Services. A misuse constitutes any use, access or interference with the Site, App, or Service contrary to Terms, Privacy Policy and applicable laws and regulations. We can, in our sole discretion, suspend or terminate access to all or parts of the Services to any User, without prior notice or need to deliberate on reasons for such measure. We reserve the right to deny Services to anyone at any time. During your use of our Services, you will not behave contrary to the Terms, Policies, applicable laws and regulations, and you will especially not, without limitation, do anything of the following:

  1. send or otherwise post unauthorized commercial communications (such as spam) through the Site;
  2. collect Users' content or information, or otherwise access the Site using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
  3. upload viruses or other malicious code;
  4. bully, intimidate, or harass any other User;
  5. post or transmit content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third parties;
  6. harass, threaten, embarrass or cause distress or discomfort upon another individual or entity or impersonate any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying the Site;
  7. take any action creating a disproportionately large usage load on our Site unless expressly permitted by Estated;
  8. create more than one account or share your account with anyone;
  9. post or transmit content that is misleading.
  10. communicate any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or otherwise infringes or violates someone else's rights;
  11. encourage participation in or promote any contents, pyramid schemes, surveys, chain letters or spamming, or unsolicited emailing through the Site;
  12. post or transmit hyperlinks to other websites that violate these Terms;
  13. facilitate or encourage any violation of these Terms.

4.2 Users are solely responsible for their own content and the consequences of making the content available to third-parties.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 The copyright and all intellectual property rights in the Site belong to Estated or are used with appropriate permissions. It includes design, all database rights, trade marks, text, graphics, code, file and links, service marks, and the selection and set up thereof. All rights are reserved.

5.2 Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and use the Site and other Content provided by Estated. Except as expressly permitted in these Terms, you may not: copy, modify or create derivative works based on the Site, Services, and their Content; distribute, transfer, sublicense, lease, lend or rent the Site, Services, or their Content to any third party; reverse engineer, decompile or disassemble the Site or Services; or make the functionality of the Site or Services available to multiple users through any means.

NOTIFICATION OF INFRINGEMENT

5.3 If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Site’s Copyright Agent:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Site or the App;
  4. Your name, address, telephone number and e-mail address;
  5. A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

5.4 Our copyright agent can be reached as follows:

Email: support@estated.com

THIRD PARTY CONTENT

5.5 Some content on the Site, such as advertisement, may be provided by the Outside Sources. We are not responsible for such content, nor do we monitor or control content provided by Outside Sources.

6. THIRD PARTY SERVICES

6.1 The Services may be made available or accessed in connection with third party services and content (including advertising) that Estated does not control. We may also provide you with links leading to the outside sources. You acknowledge that different Terms of Use and privacy policies may apply to your use of such third party services and content. Estated does not endorse such third party services and content and in no event shall Estated be responsible or liable for any products or services of such third party providers.

6.2 Our Services may be used in connection with third-party services such as Facebook, Twitter, Google +, and other. In that sense your interaction with the Site, the App, and Services is further regulated by the third-party’s respective terms and privacy policies. Estated is not sponsored, endorsed, organized or in any other way supported by these third-parties.

7. INDEMNITY

7.1 You will indemnify and hold harmless Estated, and its employees and affiliates, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Site and our Services, content which you provide, or your violation of these Terms.

8. LIMITATION OF LIABILITY

8.1 YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE ESTATED SERVICE IS TO STOP USING THE ESTATED SERVICES.

8.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ESTATED, ITS EMPLOYEES, OFFICERS, SHAREHOLDERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, SUPPLIERS, ASSIGNEES OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE ESTATED SERVICES, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, INCLUDING WITHOUT LIMITATION ANY OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR THE APP, REGARDLESS OF LEGAL THEORY, EVEN IF ESTATED HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. TO THE EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT SHALL ESTATEDS AGGREGTATED LIABILTY EXCEED THE AMOUNT OF 100,00$ USD WHICH YOU CONSIDER TO BE THE FAIR COMPENSATION CONSIDERING THE USE OF THE SERVICES IS FREE OF CHARGE.

8.3 Estated, it’s employees, agents, and its directors do not accept any liability and you hereby agree to release us of any liability arising (whether directly or indirectly) out of the information provided through the Site and Services, or any errors, in or omissions from information in the Site and Services. Estated is not liable for loss (whether directly or indirectly) caused by your actions or decisions based on your reliance on the information provided to you through the Site or Services, nor caused by the delay, malfunction of the operation or the availability of the Site or Services.

8.4 Estated does not guarantee that the information on the Site and provided through the Services is correct.

9. CHANGES

9.1 ESTATED MAY MAKE CHANGES OR REPLACE OUR TERMS OF USE AGREEMENT AT ANY TIME. WE WILL POST SUCH CHANGES, REPLACEMENTS AND UPDATES ON THE SITE AND MAKE IT AVAILABLE THROUGH THE APP AND SUCH CHANGE, REPLACEMENT AND UPDATE TO OUR TERMS OF USE AGREEMENT WILL TAKE EFFECT IMMEDIATELY UPON POSTING. YOU ARE CONSENTING TO KEEP YOURSELF UP TO DATE WITH THE LATEST POSTED TERMS OF USE AGREEMENT AND YOU ACCEPT AND ARE BOUND BY SUCH CHANGE, REPLACEMENT AND UPDATE IF YOU ACCESS OR USE OUR SERVICE AFTER WE HAVE POSTED UPDATED TERMS OF USE. THE TERMS OF USE AGREEMENT APPLIES REGARDLESS FROM WHICH PLATTFORM YOU ACCESS OUR SITE OR APP.

10. GOVERNING LAWS AND CHOICE OF FORUM

10.1 This Agreement shall be governed by and construed under the laws of the state of Wyoming, USA, without regard to its conflict of law provisions, as applied to agreements entered into and to be performed in Wyoming by the Wyoming residents. You agree that if you have any dispute with Estated you will contact us in order to settle through negotiations and mutual understanding. If the solution can not be reached in negotiations you agree and hereby submit to the exclusive jurisdiction of the courts in Wyoming, USA.

11. FINAL PROVISIONS

11.1 If any part of these Terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the Terms. The section titles in the Terms are for convenience only and have no legal or contractual effect. Any failure to exercise or enforce any right or the provision of this agreement shall not constitute a waiver of such right or provision.

11.2 These Terms may be available on multiple languages, however English version will be considered as the authentic and official version.