Terms of Use

Introduction

These terms outline the rules for using our Services. By continuing to use the Services, you agree to comply with these Terms of Use. The Services are designed to give an estimate only, and not an accurate prediction, of the amount of taxes you may incur in connection with the sale of real property. The accuracy of the foregoing estimate is dependent on a variety of factors, including but not limited to, the financial and related data you input regarding your real property; changes in any federal, state, or local tax laws; or any tax deduction, credit, phase-out, restriction, or otherwise that applies to your personal tax liability.

Eligibility

You must be at least 18 years old, agree to these Terms of Use, and provide accurate details to maintain your accounts and use the Service. Your use of the Service constitutes your acknowledgement that you agree and will comply with these Terms of Use. You further agree that the Service may not be available to any Users we previously removed from the Service. By using the Service, you represent and warrant that you have the full right, power, and authority to agree to these Terms of Use and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from agreeing to these Terms of Use.

License to Use the Services

Subject to these Terms of Use, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service in accordance with the terms of this Agreement. We reserve all rights not expressly granted herein in the Service. We may terminate this license at any time for any reason. For subscribing Users, you hereby grant to us the non-exclusive, revocable right to use your trademarks or logos that you submit to us solely for purposes of creating your own unique webpage that provides the Services to your own clients.

Prohibited Uses

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity, including engaging in phishing activity or including misleading links or information to entice viewers to click through to an illegal or fraudulent website; (viii) interfering with the proper working of the Service; or (ix) uploading any content that is illegal, sexual or pornographic, features child exploitation material, or links to such material.

Intellectual Property Rights

All content on the Website, the Services, and all materials therein, including, but not limited to, software, images, text, graphics, illustrations, logos, patents, trademarks, copyrights, photographs, audio, videos, and any other materials, and all intellectual property rights thereto are our exclusive property. Except as explicitly provided herein, nothing in these Terms of Use shall be deemed to create a license in or to any of our intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any our content except as authorized under these Terms of Use. Use of any of our content for any purpose not expressly permitted by these Terms of Use is strictly prohibited.

User-Generated Content

You retain ownership of content you post. Notwithstanding the foregoing, you hereby grant to us a non-exclusive, perpetual, and irrevocable license to use such content. Inappropriate content may be removed at our sole discretion. For non-paying Users, any leads or contact information derived from your use of the Service shall be owned exclusively by us. For subscribing Users, you shall exclusively own all leads and contact information generated by the Users who use your unique webpage on our Service. For all Users, we shall exclusively own all de-identified, aggregated data related to your use of the Service.

Billing Policies

Certain aspects of the Service may be provided for free or for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment listed on the Service or Website which we may update from time to time. We may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in our sole discretion; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.

You may cancel your license to use the Service at any time; however, there are no refunds for cancellation. In the event that we suspend or terminate your account, you understand and agree that you shall receive no refund or exchange for any credits for any unused subscription fees for any portion of the Service.

All information that you provide in connection with a subscription to the Service must be accurate, complete, and current. You agree to pay all charges incurred for the Service at the prices in effect when such charges are incurred. You agree to not dispute any charges or fees for any portion of the Service for which you willingly subscribe. You will pay any applicable taxes relating to such subscriptions.

Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO YOUR TOTAL TAX LIABILITY OR HOW THE SALE OF YOUR REAL PROPERTY MIGHT IMPACT ANY OTHER ASPECT OF YOUR FINANCIAL CONDITION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; AND/OR (VIII) LOSS OR DELETION OF USER CONTENT. IN NO EVENT SHALL WE OR OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE GREATER OF (I) THE AMOUNT YOU PAID TO US IN THE PRECEDING TWELVE (12) MONTHS UNDER THIS AGREEMENT, OR (II) $1,000.00.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Termination of Access

We may permanently or temporarily suspend or terminate your use or access of the Service for violations of these Terms of Use, fraudulent activity, or any other valid reasons as determined in our sole discretion.

DMCA Notice

Because we respect the intellectual property rights of others, it is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify our copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

• An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
• Identification of the copyrighted work that you claim has been infringed;
• Identification of the material that is claimed to be infringing and where it is located on the Service;
• Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and e-mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
• A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying us and our affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, we may terminate, in appropriate circumstances, Users who are deemed to infringe on third-party intellectual property rights.

Indemnification

You agree to defend, indemnify, and hold harmless us and our directors, officers, managers, members, employees, contractors, subsidiaries, agents, and licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your violation of any provision of these Terms of Use, including without limitation your breach of any of the representations and warranties above; (ii) your violation of any third-party right, including without limitation any right of privacy, publicity, or intellectual property rights; (iii) your violation of any applicable law, rule, or regulation; (iv) any claims or damages that arise as a result of any of your User Content or any content that is submitted via your account; or (v) any other party's access and use of the Service with your unique username, password, or other appropriate security code.

Governing Law and Disputes

These Terms of Use are governed by the laws of the State of Utah. By accessing the Service, you voluntarily submit and consent to, and waive any defense to, the jurisdiction of courts located in Salt Lake County, State of Utah, as to all matters relating to or arising from these Terms of Use. If any action is brought by us or you against the other regarding the subject matter of these Terms of Use, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney's fees, costs, and expenses of litigation.

Modifications to Terms

We reserve the right to update these Terms of Use. Changes will be posted here, and continued use of the Service after any such changes shall constitute acceptance and agreement to the modified Terms of Use.

No Waiver

No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such or any other provision, and the failure by us to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Contact Information

For questions or concerns about these Terms of Use, please contact us.