Effective as of 2nd of November 2017
'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.
‘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.
2.1 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’.
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.
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.
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.
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.
2.13 If you are ever not satisfied with the quality of the Reports, feel free to contact us at firstname.lastname@example.org. 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.
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.
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.
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.
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.
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 email@example.com.
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 firstname.lastname@example.org.
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:
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.
4.2 Users are solely responsible for their own content and the consequences of making the content available to third-parties.
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:
5.4 Our copyright agent can be reached as follows:
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.
6.2 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.
7.1 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.
8.1 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.
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.
11.1 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.