Terms & Conditions
Date: July 19th, 2023
These Terms of Service are a legal agreement (“Agreement”) between you (“you”) and FindTrueOwner.com (“Company,” “we,” “us,” or “our”).
The agreement covers the terms and conditions under which you use the Company’s website (the “Site”) as a Site visitor (“Visitor”) or use the Company’s data service (the “Service”) as a FindTrueOwner.com customer (“Customer”). You acknowledge that this Agreement is as enforceable to the same extent as any written agreement on paper signed by you.
Please carefully read all of the Agreement’s terms and conditions before viewing or enrolling as a Customer. If you do not accept these terms and conditions, you are not authorized to use the Site or obtain the Service as a Customer. By checking the box next to “I accept the Terms of Service” when registering as a Customer, you are deemed to have confirmed your agreement to this Agreement.
If you are acting on behalf of a business or other organization as an employee or agent, the word “you” refers collectively to you, the individual agreeing to this Agreement, and the business or organization for which you are acting as an employee or agent, and you represent that you are authorized to enter into this Agreement on behalf of that business or organization.
1. DISPUTES WILL BE ARBITRATED; NO CLASS ACTIONS. YOU ACKNOWLEDGE THAT THIS AGREEMENT, IN SECTION 17 BELOW, CONTAINS AN AGREEMENT TO ARBITRATE DISPUTES BETWEEN YOU AND THE COMPANY. EXCEPT FOR LIMITED EXCEPTIONS, THIS AGREEMENT TO ARBITRATION REQUIRES THAT DISPUTES BETWEEN YOU AND THE COMPANY BE SUBMITTED TO BINDING AND FINAL ARBITRATION. THIS AGREEMENT TO ARBITRATE COVERS DISPUTES THAT AROSE OR WERE ASSERTED BEFORE YOU ENTERED INTO THIS AGREEMENT WITH THE COMPANY. YOU HAVE THE RIGHT TO OPT OUT OF THE ARBITRATION AGREEMENT. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT (a) YOU WILL ONLY BE PERMITTED TO RESOLVE DISPUTES AND SEEK RELIEF AGAINST THE COMPANY ON AN INDIVIDUAL BASIS, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (b) YOU ARE WAIVING YOUR RIGHT TO RESOLVE DISPUTES AND SEEK RELIEF IN A COURT OF LAW AND YOU ARE WAIVING YOUR RIGHT TO HAVE A JURY TRIAL TO RESOLVE DISPUTES.
2. The Service. In exchange for the fees in Section 3, you will have the right to use the Service via the Site during the term of this Agreement. The purpose for our Company’s Service is to allow our clients conveniently gain access to personal contact information of real estate property owners (“Property Owner Personal Information”) in volumes/bulk or one by one. To the extent the information is available to us, the personal contact information we provide to users may include name, phone numbers, email addresses, and post addresses along the side with property description information. We provide this information in response to individual queries made on our website. Customers can use the Service to inquire about a single property owner or multiple property owners. Alternatively, customers can utilize the filters available on the search/advanced search feature of our website building a list of property owners owning certain type of real estate in a specific location to receive that list filled with the property owners’ personal contact information and the property description information, or they can submit their own list of property owners with certain information such as owner full name and full mailing address linked to subject property for taxes, and we will enrich their list with personal contact information of the property owners. In order for us to enrich your existing list with additional information, you must provide us certain minimum amounts and types of information and use an Excel spreadsheet formatted and organized in the sequence described in our guidance located on the Site. The Site has instruction with examples and tutorial videos how to prepare Excell sheets for submission to our Service to enrich the information in it.
3. Fees. As a condition of your use of the Service, you agree to pay all applicable fees.
4. Subscription Terms:
· By registering for an account with Us, you become a “Subscriber” with access to certain password-restricted areas of the Site and certain Services and Materials offered on and through the Site (a “Subscription”). Each Subscription, and the rights and privileges provided to a Subscriber, is personal and non-transferable. All sales and payments of Subscription fees will be in US Dollars. We offer different Subscription options. We reserve the right to change prices, and features for Subscriptions (but not the price in effect for your then-current Subscription term) at any time, upon notice, and do not provide price protection or refunds in the event of promotions or price decreases. For any Service that requires registration, you additionally agree to the following terms:
· One (1) Credit: One credit means one property record and/or one property owner contact information (relating to one property address). Therefore, each credit can only offer one property record and/or one property owner contact information (relating to one property address)
· Free Trial: Certain Services may be offered on a free trial basis (a “Free Trial”). FREE TRIAL MEANS A TOTAL OF 10 FREE CREDITS WITHIN A 3-DAY PERIOD. THERFORE, THE FREE TRIAL PERIOD IS THREE (3) DAYS.
· Annual Plan: Our annual plan is an annual commitment at $99/month, in which YOU WILL BE CHARGED $1,188 UP-FRONT AT ONCE UPON THE EXPIRATION OF
YOUR FREE TRIAL PERIOD. You will have access to 1,200 credits which you can use during the period of the term (one Year). After 1,200 credits, if you wish to have access to more credits, you will pay $0.79 per credit at 100-credit increments which means you will have to purchase credits at 100 credits at a time, or 200 credits at a time, or 300 credits at a time, and so on.
· Monthly Plan: Our Monthly plan is a monthly commitment at $149/month, in which YOU WILL BE CHARGED UPON THE EXPIRATION OF YOUR FREE TRIAL PERIOD. THEREAFTER, YOU WILL BE CHARGED $149 EVERY MONTH ON THE MONTHLY ANNIVERSARY DATE YOU SIGNED UP YOUR ACCOUNT. You will have access to 100 credits which you can use during the period of term (one month). After 100 credits, if you wish to have access to more credits, you will pay $0.99 per credit at 100-credit increments which means you will have to purchase credits at 100 credits at a time, or 200 credits at a time, or 300 credits at a time, and so on.
· Auto Renewal: This Agreement commences upon registration and continues initially for one month or one year, based on the length of the term selected by you during the registration or order process. We will charge you for your first Subscription fee on the date that We process your order for your Subscription (or if you sign-up for a Free Trial, we will charge you for your first Subscription fee upon the expiration date of the applicable Fee Trial period). UPON COMPLETION OF THE INITIAL TERM, AND UNLESS CANCELED BY YOU PRIOR TO COMPLETION OF THE INITIAL TERM, YOUR ACCOUNT WILL AUTOMATICALLY RENEW WITHOUT NOTICE FOR A TERM EQUAL TO THE INITIAL TERM. IF YOU DO NOT WISH TO RENEW, THEN YOU MUST CANCEL PRIOR TO THE EXPIRATION OF THE INITIAL TERM OR THEN-CURRENT TERM USING ONE OF THE CANCELATION METHODS SET FORTH BELOW. IF YOU CHOOSE TO CANCEL YOUR ACCOUNT AFTER IT HAS AUTOMATICALLY RENEWED FOR AN ADDITIONAL TERM (I.E., YOU DO NOT CANCEL YOUR ACCOUNT PRIOR TO THE EXPIRATION OF THE INITIAL TERM OR THEN-CURRENT TERM), YOU WILL NOT RECEIVE A REFUND FOR THE PRE-PAID SUBSCRIPTION FEE PAID FOR THE TERM, PROVIDED THAT YOU WILL CONTINUE TO HAVE ACCESS TO THE SITE AND THE SERVICES, SUBJECT TO THE TERMS OF THIS AGREEMENT, FOR THE REMAINDER OF THAT THEN-CURRENT TERM. We may change the fees and charges for Services or add new fees and charges from time to time, but will provide advance notice by e-mail, on the Site or in-app message of these changes prior to charging the new fees.
· Cancelation: YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME. ALL FEES DUE FROM YOU TO US UP TO THE END OF THE THEN-CURRENT SUBSCRIPTION PERIOD AT THE TIME OF TERMINATION SHALL REMAIN PAYABLE TO US UNLESS OTHERWISE SPECIFIED. YOU MAY CANCEL YOUR SUBSCRIPTION BY: 1. LOGGING IN TO FINDTRUEOWNER.COM AND COMPLETING THE CANCELATION FORM WHICH CAN BE FOUND IN YOUR ACCOUNT. SUCH CANCELATION WILL BE EFFECTIVE UPON SUBMISSION, OR
2. EMAILING A CANCELATION REQUEST TO SUPPORT@FINDTRUEOWNER.COM, PROVIDED THAT CANCELATION MAY NOT BE EFFECTIVE UNTIL ONE (1) BUSINESS DAY AFTER WE RECEIVE YOUR REQUEST
· To verify that your cancelation has been received, please check your account status. Termination: We reserve the right to terminate your subscription or your access to the Services at any time or to discontinue or modify any Services, portion or attribute thereof, for any or no reason and with or without notice in Our sole discretion. You agree that your sole remedy for such termination of your access to the Services is to receive a pro-rated refund of the pre-paid subscription fee paid to Us for the then-current term. If you breach any of the terms of this Agreement, any and all license granted under this Agreement will terminate automatically and you must immediately destroy any downloaded or printed Materials (and any copies thereof). We may pursue any and all claims and causes of action it may have against you for violation of this Agreement, including, without limitation, any monetary damages, injunctive relief, court costs and attorneys’ fees.
· Payment of Fees: You agree to pay all fees on time and by providing credit card transaction information, you consent to subsequent recurring billing for Services provided by Us on an ongoing basis until canceled. All payments are non-refundable and there are no refunds or credits for partial use of subscription term. You must include your complete billing ZIP code, credit/debit card number, and telephone number in order to process payments. We accept major credit cards, including Visa, MasterCard, American Express and Discover Card. If your credit card expires, is otherwise declined for payment or you otherwise fail to pay Us in a timely manner, access to Services may be terminated or suspended. In the event of termination or suspension, you shall remain responsible for any uncollected amounts.
· Consent to Contact: You agree that We may contact you by telephone or email as provided during registration regarding the Services during the term of this Agreement.
· No-Refund: Please note that we offer no refunds.
· Saving your information: Please note that we save your information such as full name, phone number, and email address in our system. Additionally, we save your payment information via Stripe, Inc.
6. Eligibility for Use of the Site. Use of the Site or Service is void where prohibited. You will not be allowed to register an account on the Site if you are under the age of eighteen. If you register for an account on the Site, you are stating that:
a. You are at least age eighteen,
b. All of the information in your registration is accurate, current, and complete,
c. You are not listed on the U.S. Department of Treasury, Office of Foreign Assets Control, Specially Designated Nationals and Blocked Persons List (available at http://www.treas.gov/ofac) or listed on the U.S. Department of State’s Terrorist Exclusion List (available at http://www.state.gov).
7. Intellectual Property and Licenses.
a. “Search Query Data” means the data that you provide us with when using the Service so that we can respond to a query with Property Owner Personal Information.
b. “Search Results” means the responses to your queries in connection with the use of the Service, which include Property Owner Personal Information responsive to your queries.
c. “Site Content” means the Company-provided text, images, graphics, video, sounds, music, links, software, their selection and arrangement, and their look and feel on the Site.
d. “Service Items” means, collectively, the Site Content and the Company software supporting the Site and Service.
e. “Intellectual Property Rights” means all forms of intellectual property rights and protections, now known or hereafter established, that may be obtained for, or may protect, Service Items, the Site, the Service, or other technology or works, which includes, but is not limited to, all right, title, and interest in U.S. and foreign patents and patent applications; trade secret and nondisclosure rights; copyrights; authors’ rights; and trademarks, service marks, trade names, product names, and brand names.
f. You acknowledge the Service Items are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Company owns all rights, title, and interest in and to the Service Items, and all Intellectual Property Rights in the Service Items shall remain the sole and exclusive property of the Company and its licensors. Except for the usage rights your business has on the Site and the Service during the term of the Agreement, all rights are reserved by the Company.
g. [Ownership of the Search Results and Property Owner Personal Information.]
h. You own all rights to the Search Query Data and all Intellectual Property Rights in the Search Query Data. You hereby grant to the Company an irrevocable worldwide royalty-free sublicensable non-exclusive license to use the Search Query Data to provide the Service to you.
i. If you are a Site Visitor or Customer, the Company hereby grants you a limited non-exclusive, non-transferable non-sublicensable license for your own ourposes: (a) to use and view the Site and Site Content or (b) to download or print portions of the Site or Site Content (while maintaining and not removing or altering any notices of copyright, trademark or service mark rights or other proprietary notices.
a. You must not use or copy the Property Owner Personal Information or other Search Results for purposes other than your use of the Service for your internal business purposes. You must not use the Property Owner Personal Information or other Search Results as a service bureau or service provider to third parties. You shall not sell, rent, lease, sublicense, or transfer for compensation the Property Owner Personal Information or other Search Results to any third parties.
b. Notwithstanding Section 7(a), customers wishing to sell Property Owner Personal Information received from us must enter into an agreement with the Company before any such sales are permitted.
9. Support. a. The Company provides customer service by email at firstname.lastname@example.org or Toll- free number at 866-348-8585 or local number at (650) 365-7776
b. If you have any difficulty using the Site or Service, please contact customer service using the contact information above.
c. Although the Company seeks to maximize the availability of the Site and Service, you acknowledge that the Site and Service may be unavailable if the Company or its service providers are maintaining or upgrading the Site or the Service, or if other outages occur. The Company cannot guarantee that the Site and Service will be available 100% of the time.
10. Your Obligations.
a. If you are a registered Customer using the Service, you must maintain your password in confidence, you must maintain the security of your password, and you must not share account access with anyone else. You must also inform the Company using the contact information in Section 8(a) if you have reason to believe that the security of your password has been compromised.
b. You must not obtain or attempt to obtain unauthorized access to any Company servers or the accounts of other users.
c. You must not interfere or attempt to interfere with the operation of the Site or Service, circumvent or attempt to circumvent the Site’s security measures, otherwise compromise, or attempt to compromise the security of the Site, the Service, or accounts of other users.
d. You must not use any process to “crawl,” “spider,” or “scrape” any pages on the Site or any Site Content.
e. You must not use, copy, or republish the Site or Site Content to provide products or services.
f. You must not harvest or collect Site Content for the purpose of creating a database of pricing or other information for the purpose of posting or publishing it elsewhere.
11. Company Limited Warranty. The Company warrants to Customers that the Service will conform in all material respects to published specifications for the Service.
12. You Warranty. You warrant that you have all Intellectual Property Rights to provide the Search Query Data that you transmit to us and that nothing in the Search Query Data violates the privacy or other rights of any third party.
a. EXCEPT AS WARRANTED IN SECTIONS 10, THE SITE, COMPANY SERVICE ITEMS, AND THE SERVICE ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTY OF ANY KIND, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
b. PROPERTY OWNER PERSONAL INFORMATION CHANGES FROM TIME TO TIME AND THE COMPANY MAY NOT HAVE ACCESS TO ALL ACCURATE INFORMATION ABOUT ANY GIVEN PROPERTY. YOU ACKNOWLEDGE THAT THE PROPERTY OWNER PERSONAL INFORMATION AND OTHER SEARCH RESULTS MAY NOT BE COMPLETE, MAY NOT BE 100% ACCURATE AND MAY NOT BE UP TO DATE.
c. YOU ARE RESPONSIBLE FOR DETERMINING THAT THE SITE, THE SERVICE ITEMS, AND THE SERVICE MEET YOUR REQUIREMENTS, AND HAVE THE QUALITY AND FEATURES THAT YOU NEED, AND THE COMPANY DISCLAIMS ANY SUCH RESPONSIBILITY. THE COMPANY MAKES NO WARRANTY THAT THE SITE, THE SITE CONTENT, OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF MALICIOUS SOFTWARE, OR ERROR-FREE, THAT THE SITE CONTENT OR SEARCH RESULTS WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE SITE CONTENT OR THE SEARCH RESULTS WILL BE CORRECTED.
d. YOU ARE SOLELY RESPONSIBLE FOR THE USE OF SEARCH RESULTS IN ACCORDANCE WITH THE APPLICABLE LAW. YOU MUST NOT USE THE SERVICE OR ANY SEARCH RESULTS IN VIOLATION OF INCLUDING BUT NOT LIMITED TO THE CAN SPAM ACT, THE TELEPHONE CONSUMER PROTECTION ACT (47 U.S.C. § 227), THE DO-NOT-CALL IMPLEMENTATION ACT AND THE DO-NOT-CALL LIST REGISTRY RULES (HTTP://WWW.DONOTCALL.GOV), THE TELEMARKETING SALES RULE, 47 C.F.R. § 64.1200 ET SEQ., APPLICABLE PRIVACY AND DATA SECURITY LAWS, AND ALL OTHER APPLICABLE LAWS, REGULATIONS, AND GUIDELINES RELATING TO MAKING TELEPHONE CALLS OR SENDING ELECTRONIC COMMUNICATIONS.
14. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WHATSOEVER SHALL THE COMPANY OR ITS LICENSORS BE LIABLE FOR:
a. INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOST PROFITS, LOST DATA, OR LOST SAVINGS, OR THE COST OF PROCURING SUBSTITUTE SERVICES OR CONTENT, EVEN IF THE COMPANY OR ONE OF ITS LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES, OR
b. ANY DAMAGES IN EXCESS OF THE GREATER OF (i) THE FEES YOU HAVE PAID TO THE COMPANY IN THE TWELVE MONTHS PRECEDING THE EVENTS GIVING RISE TO A CLAIM OR (ii) $100 USD.
15. Claims. “Claims” mean, collectively, claims, demands, suits, losses, damages, liabilities, costs, actions, judgments, and expenses (including reasonable attorney’s fees).
16. Indemnity. You must indemnify, hold harmless, and defend the Company and its parents, subsidiaries, or affiliates, as well as any of their respective officers, directors, members, employees, and agents (each of whom is referred to as an “Indemnified Party”) against all Claims and any judgment, civil money penalties, fines, or settlement disbursements awarded against or incurred by any of them as a result of or arising from:
a. Your violation of any provision of Section 9;
b. Your breach of the warranty in Section 11; or
c. Your violation of any applicable law.
17. Account Termination. If you are a Customer, you may terminate your account on the Site at any time by providing notice to the Company or following the instructions on the Site, although this Agreement will remain in effect to the extent that you continue to use the Site as a Visitor. In addition, the Company shall be entitled to terminate any Customer account at any time, for any or no reason, with our without prior notice or explanation, and without liability. Without limiting this right, the Company is entitled to terminate your account if you violate any term of this Agreement, if you breach any warranty in this Agreement, or if any information you provide The Company is false or misleading. This sentence and Sections __________________ shall remain in effect even if your account is terminated for any reason.
18. Agreement to Arbitrate and Dispute Resolution.
a. ANY DISPUTE, CLAIM, OR CONTROVERSY (collectively, “Disputes”) ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE USE OR PURCHASE OF THE SERVICE, THE SITE, ANY SERVICE ITEM, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY OF THE AGREEMENT, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING ARBITRATION, WHICH SHALL BE THE SOLE AND EXCLUSIVE FORUM FOR ADJUDICATING ANY SUCH DISPUTES. Arbitration will be administered by JAMS, Inc. pursuant to its Streamlined Arbitration Rules and Procedures (the “Rules”) by a single arbitrator appointed in accordance with the Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration shall be San Francisco or San Jose, California U.S.A. The language of the arbitration shall be English.
b. Nothing in this Agreement shall be construed to preclude a party from bringing an individual action in small claims court.
c. Nothing in this Agreement shall be construed to preclude a party from seeking injunctive relief, damages, or other relief based on a breach of Section 6(f), or an infringement of a party’s Intellectual Property Rights.
d. Except for small claims court suits permitted under Subsection (b), the parties irrevocably consent to the jurisdiction of the federal and state courts located in San Francisco and San Jose, California U.S.A. for the purpose of resolving any action at law or in equity not subject to arbitration arising out of or relating to this Agreement or brought by party arising out of or relating to Intellectual Property Rights or a breach of Section 6(f).
e. To the maximum extent permitted by applicable law, each party agrees to waive the right to trial by jury, each party agrees that no arbitration or claim under this Agreement shall be joined with any other arbitration or claim, no class arbitration proceedings shall occur, and each party waives any rights to class arbitration.
f. The arbitrator’s award will state the essential findings of fact and conclusions or law upon which the arbitrator based the award. The arbitrator’s award of damages must be consistent with Section 13, which limits the categories of damages for which a party may be liable.
g. The Company will pay the expenses charged by JAMS, Inc. to administer the arbitration.
h. The parties may vary the dispute resolution procedures in this section by a later written agreement.
i. You are entitled to opt out of the terms of this Agreement to Arbitrate in this Section 15 or any amendment to this Section 15 by sending a written notice to the Company at email@example.com within thirty days after first becoming subject to this Agreement to Arbitrate in Section 15 or any amendment of it under Section 15. Opting out of an amended version of this Agreement to Arbitrate does not affect your agreement to arbitrate disputes under this Section 15 before the date the Company receives your opt out notice. You must provide a contact name, email address associated with your account, postal address, and username. Opting out of the Agreement to Arbitrate in this Section 15 shall not affect any other section of this Agreement.
19. Notices. All legal notices to The Company required or permitted under this Agreement shall be in writing and sent both to the following email address: firstname.lastname@example.org and address:
447 Sutter St Ste 405 PMB 269
San Francisco, CA 94108
Your notices shall be deemed to be given (a) on the third business day after mailing if mailed by certified or registered mail, postage prepaid and properly addressed with return receipt requested, or (b) on the date of delivery shown by a delivery confirmation if sent by a nationally known courier service.
The Company will send legal notices to registered users by email, by courier, or postal mail in its sole discretion.
20. Changes to the Agreement. The Company may, from time to time, make changes to this Agreement by posting a new Agreement to its website. Your continued use of the Site or Service after posting of the new Agreement constitutes your acceptance of the changes to the Agreement. If you do not agree to changes to the Agreement, you must cancel your account by providing notice to the Company or following the instructions on the Site, and you must discontinue use of the Site.
21. Miscellaneous. This Agreement shall be governed by the internal laws of the State of California, USA without giving effect to its conflicts of laws principles. This Agreement constitutes the entire agreement and understanding between the parties and supersedes all prior agreements, whether oral or written, between the parties with respect to the subject matter of this Agreement. Except as set forth in Section 19, no amendment, modification, or waiver of any provision of this Agreement shall be effective unless the same shall be in writing and signed by you and an authorized representative of the Company. The unenforceability of any provision or provisions of this Agreement shall not render unenforceable or impair its remainder. If any provision of this Agreement is deemed invalid
or unenforceable in whole or in part, this Agreement shall be deemed amended to delete or modify, as necessary, the invalid or unenforceable provision to render it valid, enforceable, and, insofar as possible, consistent with the original intent of the parties. The headings in this Agreement are solely for the convenience of reference and shall not be given any effect in the construction or interpretation of this Agreement. The Company may assign this Agreement to any successor in interest. You may not assign this Agreement or delegate the duties under this Agreement. This Agreement will be binding upon, and inure to the benefit of the Company, and its successors and assigns, and you and your heirs, representatives, and permitted successors or assigns.