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PRIVACY POLICY
PRIVACY POLICY
Last Updated: March 07, 2025
1. OUR COMMITMENT TO YOUR PRIVACY
Our Privacy Policy tells you what personally identifiable information DealWorthIt may collect from you, how DealWorthIt may process your personally identifiable information, how you can limit DealWorthIt's use of your personally identifiable information, and your rights to obtain, modify, and/or delete any personally identifiable information we have collected from you.
2. INFORMATION WE COLLECT
2.1 Information You Provide DealWorthIt DealWorthIt collects personal information when you request information about our services or otherwise voluntarily provide such information through our site.
2.2 Information Collected Automatically When you use our site, we automatically collect certain information by the interaction of your mobile device or web browser with our platform.
2.3 Cookies & Tracking Technologies DealWorthIt may use cookies, web beacons, behavioral advertising, or similar technologies to track your use of its website. Cookies are small data files placed on your device that help us provide a high-quality site experience. You can manage your cookie preferences through your browser settings.
3. HOW INFORMATION IS USED
3.1 Information DealWorthIt Processes with Your Consent Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our site or request information, you provide your consent for us to process information that may be personally identifiable.
3.2 Legally Required Releases of Information DealWorthIt may be legally required to disclose your personally identifiable information if such disclosure is (a) required by law or other legal process; (b) necessary to assist law enforcement officials or government agencies; (c) necessary to investigate violations of or otherwise enforce our Legal Terms; or (d) necessary to protect us from legal action or claims.
4. DATA SECURITY & PROTECTION MEASURES
4.1 Encryption & Secure Storage We use industry-standard encryption and secure storage mechanisms to protect user data. Your information is stored in encrypted databases and secure cloud environments.
4.2 Access Controls Only authorized personnel have access to user data, and role-based restrictions prevent unauthorized access.
4.3 Data Breach Notification In the event of a data breach, we will notify affected users as required by law and take necessary actions to mitigate risks.
5. WHO WE SHARE YOUR INFORMATION WITH
5.1 Third-Party Integrations & Service Providers To provide our services, we may share your information with trusted third-party service providers, such as payment processors, analytics providers, and hosting services. These providers are contractually bound to handle your data securely.
5.2 Cross-Border Data Transfers If data is transferred outside of your jurisdiction, we comply with applicable data protection laws, including Standard Contractual Clauses (SCCs) for international data transfers.
5.3 Law Enforcement & Legal Compliance DealWorthIt will cooperate with law enforcement requests from within or outside your country of residence where required by law.
5.4 No Sale of Personal Data DealWorthIt shall not sell, share, rent, or otherwise deal in your personal information with third parties unless you provide explicit consent.
6. USER RIGHTS & DATA MANAGEMENT
6.1 Access to Your Personal Information You may request a copy of the personal information we maintain about you by contacting us.
6.2 Remove or Modify Your Information If you wish to remove or modify your personally identifiable information, you may contact us or use available tools on our site.
6.3 Data Retention & Deletion We retain your information only as long as necessary to fulfill the purposes outlined in this policy. After this period, we delete or anonymize your data unless legally required to retain it.
7. COOKIES & TRACKING PREFERENCES
You can manage cookies through your browser settings or opt out of tracking by adjusting preferences in our Cookie Policy.
8. CHILDREN'S PRIVACY
DealWorthIt does not knowingly collect or process data from individuals under the age of 18. If we become aware that a minor has provided us with personal information, we will take steps to delete such data.
9. LEGAL JURISDICTION & DISPUTE RESOLUTION
This Privacy Policy is governed by the laws of Delaware. Any disputes arising from this policy will be resolved through arbitration or the courts in the relevant jurisdiction.
10. CHANGES TO OUR PRIVACY POLICY
DealWorthIt reserves the right to change this privacy policy at any time. Changes will be posted on our site to keep users informed.
11. CONTACT INFORMATION
For any privacy-related inquiries, please contact our Data Protection Officer at privacy@dealworthit.com
12. PROPERTY OWNER INFORMATION COLLECTION
12.1 Property Owner Information Collection When you use our skip trace and property owner lookup features, we collect and process information related to property owners from various public and proprietary sources, including property records, tax assessments, utility records, and other publicly available information. This processing is conducted under legitimate interest grounds to provide our core property investment services.
12.2 Processing Categories & Legal Basis For each category of data we collect, we maintain records of:
- Categories of personal data collected
- Purpose of processing
- Legal basis for processing (consent, contractual necessity, legitimate interest, or legal obligation)
- Data retention periods
- Categories of third-party recipients
13. DETAILED DATA CATEGORIES
13.1 Account Information - Name, email address, phone number, company name, job title
- Login credentials (passwords are stored in encrypted format)
- Payment information (card details are processed by our payment processor and not stored directly by us)
- Subscription and billing history
13.2 Usage Data - Service interaction data (features used, frequency, duration)
- Search history and saved properties
- Transaction history
- Communications with our team
13.3 Property and Owner Data - Property addresses, parcel numbers, and legal descriptions
- Property characteristics (size, age, features)
- Transaction history (previous sales, listing history)
- Ownership information (names, contact details, ownership duration)
- Assessment and tax information
- Liens, encumbrances, and financial status
14. SOPHISTICATED DATA PROTECTION MEASURES
14.1 Technical Controls - End-to-end encryption for sensitive data transmission
- Multi-factor authentication for account access
- Regular security audits and penetration testing
- Intrusion detection and prevention systems
- IP-based access restrictions for administrator accounts
- Data loss prevention measures
- Automated security scanning and vulnerability management
14.2 Administrative Controls - Regular employee security training and awareness programs
- Written information security policies and procedures
- Vendor risk assessment and management program
- Incident response protocols with defined team responsibilities
- Designated Data Protection Officer oversight
14.3 Compliance Framework We maintain compliance with multiple privacy frameworks:
- GDPR (General Data Protection Regulation)
- CCPA/CPRA (California Consumer Privacy Act/California Privacy Rights Act)
- VCDPA (Virginia Consumer Data Protection Act)
- CPA (Colorado Privacy Act)
- CTDPA (Connecticut Data Privacy Act)
- UCPA (Utah Consumer Privacy Act)
- Other state and international privacy regulations as applicable
15. AUTOMATED DECISION-MAKING & PROFILING
15.1 Property Valuation Algorithms We employ automated algorithms to analyze property data and generate estimated values. These valuations use machine learning models trained on historical transaction data, property characteristics, market trends, and other relevant factors.
15.3 User Rights Regarding Automated Processing You have the right to:
- Obtain human intervention in any automated decision-making process
- Express your point of view regarding automated decisions
- Contest any decision based solely on automated processing
- Request an explanation of how the automated system reached its conclusion
16. DATA SUBJECT RIGHTS BY JURISDICTION
16.1 California Residents' Rights (CCPA/CPRA) California residents have specific rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), including:
- Right to know what personal information is collected
- Right to know whether personal information is sold or disclosed
- Right to opt-out of the sale of personal information
- Right to access personal information
- Right to request deletion of personal information
- Right to non-discrimination for exercising privacy rights
- Right to correct inaccurate personal information
- Right to limit use and disclosure of sensitive personal information
16.2 European Residents' Rights (GDPR) Under the General Data Protection Regulation (GDPR), European residents have the following rights:
- Right to be informed
- Right of access
- Right to rectification
- Right to erasure
- Right to restrict processing
- Right to data portability
- Right to object
- Rights related to automated decision making and profiling
16.3 Other Jurisdictions We comply with privacy regulations in other jurisdictions where our users reside, including but not limited to Virginia, Colorado, Connecticut, Utah, Canada, and Brazil. Each jurisdiction may provide specific rights to its residents.
17. REAL ESTATE DATA ETHICS FRAMEWORK
17.1 Ethical Use Guidelines We have established a Real Estate Data Ethics Framework that guides our collection, processing, and distribution of property and owner information:
- Accuracy: Commitment to data accuracy and currency
- Transparency: Clear disclosure of data sources and processing
- Fairness: Non-discriminatory practices in data collection and use
- Proportionality: Collecting only data necessary for legitimate purposes
- Security: Protecting data from unauthorized access and misuse
17.2 Fair Housing Compliance We are committed to fair housing principles and prohibit the use of our services for discriminatory practices. Our platform does not collect or process protected class information such as race, color, religion, national origin, sex, disability, or familial status for property targeting purposes.
17.3 Data Minimization Practices We apply data minimization principles by:
- Collecting only information necessary for our services
- Regularly purging unnecessary data
- Anonymizing data when full identity information is not required
- Aggregating data for analytics to remove individual identifiers
18. CROSS-BORDER DATA TRANSFERS
18.1 International Data Transfer Mechanisms For transfers of personal data outside of the jurisdiction where it was collected:
- Standard Contractual Clauses (SCCs)
- Binding Corporate Rules
- Transfer Impact Assessments
- Privacy Shield certification (where applicable)
- Country-specific data transfer agreements
18.2 Data Localization Compliance Where required by local law, certain data may be stored and processed only within specific geographic regions or countries.
18.3 Governmental Access Transparency We maintain transparency regarding governmental access requests to user data and publish periodic transparency reports detailing:
- Number and types of government requests received
- Our response to such requests
- Number of users affected
19. VENDOR MANAGEMENT PROGRAM
19.1 Third-Party Risk Assessment All vendors with access to personal data undergo a comprehensive risk assessment process:
- Security questionnaires and documentation review
- Contractual data protection requirements
- Regular compliance monitoring
- Audit rights and verification
19.2 Sub-processor Management We maintain a current list of all sub-processors who may access personal data, including:
- Identity and contact information
- Location of processing
- Categories of data processed
- Purpose of processing
19.3 Vendor Security Requirements Vendors must meet minimum security requirements, including:
- Encryption of data in transit and at rest
- Access controls and monitoring
- Security incident procedures
- Regular security assessments
- Data deletion/return procedures
20. PRIVACY BY DESIGN IMPLEMENTATION
We follow Privacy by Design principles in all our operations:
- Proactive not reactive; preventative not remedial
- Privacy as the default setting
- Privacy embedded into design
- Full functionality with positive-sum, not zero-sum
- End-to-end security with full lifecycle protection
- Visibility and transparency
- User-centric approach
21. MARKETING OPT-OUT SYSTEM
Users can select granular preferences for marketing communications:
- Email marketing frequency preferences
- SMS/text message marketing opt-out
- Postal mail marketing opt-out
- Telemarketing opt-out
- Targeted advertising preferences
22. DETAILED COOKIE MANAGEMENT
22.1 Cookie Categories We categorize cookies used on our platform:
- Essential cookies (necessary for site functionality)
- Functional cookies (improve user experience)
- Analytics cookies (help us understand site usage)
- Marketing cookies (track users across websites for advertising)
- Third-party cookies (set by external services)
22.2 Cookie Consent Management Our site implements a sophisticated cookie consent management tool that allows:
- Granular consent options by cookie category
- Periodic consent refreshing
- Easy consent withdrawal
- Cookie usage audit logs
22.3 Do Not Track Support We honor Do Not Track (DNT) signals from browsers by automatically disabling non-essential tracking when such signals are detected.
TERMS OF SERVICE
TERMS OF SERVICE
Last Updated: March 07, 2025
These terms of service govern your use of the DealWorthIt website. By using the website, you agree to be bound by the terms of service contained herein.
If you do not agree to the terms of service, please cease using the website.
1. LICENSE GRANT
This website is licensed, and not sold, to you by Us for use strictly in accordance with the terms of service of this License and any usage rules or terms of service established by any other third parties. We grant you a revocable, non-exclusive, non-transferable, limited right to use the website on the devices owned and controlled by you, and to access and use the website on such devices strictly in accordance with the terms of service of this License.
2. RESTRICTIONS ON USE
You shall use the website strictly in accordance with this terms of service and shall not (i) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the website; (ii) make any modifications, adaptations, improvements, enhancements, translations or derivative work from this website; (iii) violate any applicable laws, rules or regulations in connection with your access or use of the website; (iv) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Us or Our affiliates, partners, suppliers or the licensors of the website; (v) use the website for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (vi) use the website for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, products or software offered by Us; (vii) use the website to send automated queries to any website or to send any unsolicited commercial e-mail; or (viii) use any proprietary information, interfaces or intellectual property obtained from Us in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the website.
3. SUBSCRIPTIONS AND BILLING
3.1 Subscription Service Access to certain features and services provided by the website requires an active, recurring, auto-renewing, paid subscription ("Subscription"). We reserve the right to (i) modify the features and services included in each Subscription; (ii) modify the recurring cost of each Subscription; and (iii) terminate any Subscription at any time, at Our sole discretion and without prior warning or notice.
3.2 Payment Authorization Your provision of a payment source to Us or to third party service(s) engaged by Us for the processing of payments ("Payment Processors") and your activation of a Subscription shall act as your payment instruction and your authorization for Us or Our Payment Processors to charge against that payment source, on a recurring, going-forward basis, all applicable fees for the next Subscription period, until such time as you cancel your Subscription or your Subscription is terminated by Us. You also authorize Us and Our Payment Processors to credit your payment source if any payments will be returned to you.
3.3 Subscription Termination All Subscriptions shall be auto-renewing in nature and will continue to be billed for additional monthly or yearly billing cycles on their renewal date ("Renewal Date"), until terminated by you or by Us. The Renewal Date is the date of your first successful payment for a Subscription. You may cancel or modify your Subscription at any time by (i) accessing your account settings for Subscriptions activated using our website; or (ii) by contacting us. Any cancellations or changes made less than 24 hours prior to the Subscription Renewal Date will not be placed into effect until the next Renewal Date.
3.4 Payment Processing You must have sufficient available funds in your payment account on the Renewal Date. If your payment account has insufficient funds, the payment may not be completed or your payment account may become overdrawn, in which case We shall have no liability for any fees, charges, or other penalties imposed by third parties. We reserve the right to terminate any Subscription for which an amount is due but is unpaid.
3.5 Payment Refunds All Subscription charges shall be final, and We shall not make any refunds of past charges, unless We deem so appropriate, at Our sole discretion. You may submit written requests for charge refunds with a detailed explanation as to the reason for your request.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 Rights to the Website You acknowledge and agree that the website and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, Our property. Furthermore, you acknowledge and agree that the source and object code of the website and the format, directories, queries, algorithms, structure, and organization of the website are the intellectual property and proprietary and confidential information owned by Us and Our affiliates, licensors, and suppliers. Except as expressly stated in this License, you are not granted any intellectual property rights in or to the website by implication, estoppel or other legal theory, and all rights in and to the website not expressly granted in this License are hereby reserved and retained by Us.
4.2 Third Party Software The website may utilize or include third party software that is subject to open source or third-party license terms ("Third Party Software"). You acknowledge and agree that your right to use such Third-Party Software as part of the website is subject to and governed by the terms of service of the open source or third-party license applicable to such Third-Party Software, including, without limitation, any applicable acknowledgments, license terms and disclaimers contained therein.
4.3 Our Marks You are not authorized to use Our trademarks in any advertising, publicity or in any other commercial manner without Our prior written consent, which may be withheld for any or no reason.
5. USE OF INFORMATION
5.1 Consent to Use Information You hereby authorize and consent to the collection, storage, and use, by Us and Our affiliates, partners, and agents, of any information and data related to or derived from your use of the website, and any information or data that you provide to Us and Our affiliates, partners, and licensors ("Information"). Furthermore, you consent to receive communication i.e., emails, text messages and/or phone calls from us at any given time.
SMS Disclosure: By providing your phone number, you consent to receive SMS/text messages from us. Message frequency may vary. Message and data rates may apply. You can opt-out of receiving SMS/text messages from us at any time by replying "STOP" to any message we send.
5.2 Privacy Policy You represent that you shall comply with the terms of Our Privacy Policy, which sets forth and describes Our practices with respect to the collection, use and disclosure of Information in connection with your use of the Website. We reserve the right to change the provisions of Our Privacy Policy at any time and from time to time at Our sole discretion. Your use of the Website following the posting of such changes to the Privacy Policy will constitute your acceptance of any such changes.
6. THIRD PARTY CONTENT AND SERVICES
6.1 General You acknowledge that the website permits access to products, services, websites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content partners, marketing agents, vendors and other third parties ("Third Party Content and Services").
6.2 Disclaimer You acknowledge that We do not investigate, monitor, represent or endorse the Third-Party Content and Services (including any third-party websites). Furthermore, your access to and use of the Third-Party Content and Services is at your sole discretion and risk and We and Our affiliates, partners, suppliers, and licensors shall have no liability to you arising out of or in connection with your access to and use of the Third-Party Content and Services. We hereby disclaim any representation, warranty or guaranty regarding the Third-Party Content and Services, whether express, implied, or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guaranty regarding the availability, quality, reliability, features, appropriates, accuracy, completeness, or legality of the Third-Party Content and Services.
7. TERM AND TERMINATION
These terms of service shall be effective until terminated. We may, in Our sole and absolute discretion, at any time and for any or no reason, suspend or terminate these terms of service and the rights afforded to you hereunder with or without prior notice. Upon the termination, you shall cease all use of the website.
8. DISCLAIMER OF WARRANTIES
8.1 You acknowledge and agree that the Website is provided on an "as is" and "as available" basis, and that your use of or reliance upon the Website and any Third-Party Content and Services accessed thereby is at your sole risk and discretion. We and Our affiliates, partners, suppliers, and licensors hereby disclaim any and all representations, warranties and guaranties regarding the Website and Third-Party Content and Services, whether express, implied or statutory, and including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
8.2 No advice or information including real estate property analysis, whether oral or written, obtained by you from Us or from the Website shall create any representation, warranty, or guaranty. Furthermore, you acknowledge that We have no obligation to correct any errors or otherwise support or maintain the Website. We do not intend to provide any legal, financial or investment advice. You are required to exercise caution and use personal assessment and judgment when investing in real estate property.
8.3 The Website may contain or deliver information on the current or prospective financial condition of real estate properties, but We caution that there are various important factors, including, without limitation, legislative and regulatory initiatives, political and economic conditions and developments, financial and real estate market conditions, the ability/inability to obtain financing, and interest rates and interest rate changes, that could cause actual results to differ materially from those indicated in the information delivered via the use of the Website. Accordingly, there can be no assurance that such indicated results will be realized. The Website also provides information based upon the input of data by the user and the Website does not provide for verification of due diligence regarding the information submitted by the user. Accordingly, there can be no assurance that such user provided information is accurate or that the indicated results based upon user input will be realized.
9. LIMITATION OF LIABILITY
Under no circumstances shall We or Our affiliates, partners, suppliers or licensors be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your access or use or inability to or use the Website and any Third Party Content and Services, including, without limitation, damages incurred by relying upon the Website when making real estate purchasing or investment decisions, whether or not the damages were foreseeable and whether or not We were advised of the possibility of such damages. Without limiting the generality of the foregoing, Our aggregate liability to you (whether under contract, tort, statute or otherwise) shall not exceed the amount of five hundred dollars (0.00). The foregoing limitations will apply even if the above stated remedy fails to its essential purpose.
10. INDEMNIFICATION
You shall indemnify, defend and hold harmless Us and Our affiliates, partners, suppliers and licensors, and each of Our and their respective officers, directors, agents and employees from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) your access to or use of the Website or Third Party Content and Services; (ii) your breach of these terms of service; (iii) your violation of law; (iv) your negligence or willful misconduct; or (v) your violation of the rights of a third party, including the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of the terms of service.
11. MISCELLANEOUS
11.1 Severability If any provision of these terms of service is held to be invalid or unenforceable with respect to a party, the remainder of these terms of service, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of these terms of service shall be valid and enforceable to the fullest extent permitted by law.
11.2 Waiver Except as provided herein, the failure to exercise a right or require performance of an obligation under these terms of service shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver or a breach constitute waiver of any subsequent breach.
11.3 Modification or Amendment We may modify or amend these terms of service by posting a copy of the modified or amended terms of service on this page. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the website following the date in which the modified or amended terms of service is posted on this page.
12. PROPERTY FINDER AND OWNER INFORMATION SERVICES
12.1 Property Finder Services The Website provides property finder services which include access to property details, financial history, ownership information, and skip trace options to allow users to find contact information about property owners such as mailing addresses, phone numbers, and emails ("Owner Information"). This information is provided solely for legitimate real estate investment and business purposes.
12.2 Permitted Uses of Owner Information You may use Owner Information obtained through the Website only for: (i) evaluating potential real estate investment opportunities; (ii) conducting due diligence on properties; (iii) contacting property owners regarding legitimate real estate transactions; and (iv) other lawful business purposes directly related to real estate transactions.
12.3 Prohibited Uses of Owner Information You shall not use Owner Information for: (i) harassment or unsolicited marketing beyond what is permitted by applicable laws; (ii) any illegal purpose; (iii) discrimination in violation of fair housing laws; (iv) creating contact or marketing lists for sale or distribution to third parties; (v) spamming or mass unsolicited communications; or (vi) any purpose not directly related to legitimate real estate transactions.
12.4 Compliance with Privacy Laws and Communication Regulations You agree to comply with all applicable privacy, data protection, and telemarketing laws, including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, Fair Credit Reporting Act (FCRA), and applicable state privacy laws when using Owner Information.
You specifically agree to check and comply with the National Do Not Call (DNC) Registry rules and restrictions before making any telemarketing calls to phone numbers obtained through the Website. This includes, but is not limited to:
- Checking all telephone numbers against the National DNC Registry before making calls
- Honoring all DNC requests made directly to you
- Maintaining your own internal DNC list
- Refraining from calling numbers on the DNC Registry unless you have an established business relationship with the property owner or other exemption applies
- Complying with all calling time restrictions (calls only permitted between 8 a.m. and 9 p.m. local time)
- Identifying yourself and your company at the beginning of each call
- Maintaining records of DNC compliance for at least five years
You acknowledge that certain Owner Information may be subject to restrictions on use and disclosure under these laws and regulations.
12.5 Owner Information Disclaimer WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR CURRENCY OF ANY OWNER INFORMATION PROVIDED THROUGH THE WEBSITE. Owner Information is compiled from various public and private sources which may contain errors or omissions. You are responsible for verifying the accuracy of any Owner Information before taking action based on such information.
13. GOVERNING LAW AND DISPUTE RESOLUTION
13.1 Governing Law These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law.
13.2 Arbitration Agreement Any dispute, controversy, or claim arising out of or relating to these Terms, including the formation, interpretation, breach, or termination thereof, including whether the claims asserted are arbitrable, shall be referred to and finally determined by arbitration in accordance with the American Arbitration Association Rules. The tribunal shall consist of one arbitrator. The place of arbitration shall be Wilmington, Delaware. The language to be used in the arbitral proceedings shall be English. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
13.3 Class Action Waiver YOU AND DealWorthIt AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and DealWorthIt agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
13.4 Time Limitation on Claims You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
14. DATA SECURITY AND BREACH NOTIFICATION
14.1 Security Measures We implement reasonable security measures to protect your personal information from unauthorized access, destruction, use, modification, or disclosure. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
14.2 Data Breach Notification In the event that personal information is compromised as a result of a breach of security, we will promptly notify you in accordance with applicable law.
15. USER REPRESENTATIONS AND WARRANTIES
15.1 User Representations You represent and warrant that: (i) you have the legal capacity and authority to enter into these Terms; (ii) you are at least eighteen (18) years old; (iii) you will not use the Website for any purpose that is unlawful or prohibited by these Terms; (iv) any information you provide to us is true, correct, and complete; and (v) your use of the Website does not violate any applicable law or regulation.
15.2 Real Estate Investment Acknowledgment You acknowledge and understand that real estate investments involve substantial risk and that results are not guaranteed. Past performance is not indicative of future results, and the Website cannot provide assurance of investment returns. You agree to consult with appropriate legal, financial, tax, accounting, and other professionals for specific advice tailored to your situation.
16. PROPERTY ANALYSIS DISCLAIMER
16.1 Analysis Limitations The property analysis, evaluations, and estimates provided by the Website are based on the information input by you and publicly available data, which may be incomplete or inaccurate. The analysis is provided solely as a tool to assist in your decision-making process and should not be relied upon as the sole basis for making investment or purchase decisions.
16.2 No Guarantee of Accuracy WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, OR CURRENCY OF ANY PROPERTY ANALYSIS PROVIDED THROUGH THE WEBSITE. Real estate valuations are opinions only and may vary significantly from actual market values. All valuations and analyses should be independently verified before making any financial decisions.
16.3 Market Fluctuations Real estate markets are subject to fluctuations due to various factors including, but not limited to, economic conditions, interest rates, property tax assessments, and local market dynamics. The Website's analyses do not account for all possible variables affecting property values and investment returns.
17. API AND DEVELOPER TERMS
17.1 API License If we provide you with access to our application programming interface ("API"), we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license to use the API solely for the purpose of developing, testing, and supporting an authorized integration of your services with the Website.
17.2 API Restrictions You shall not: (i) use the API in a manner that exceeds reasonable request volume or constitutes excessive or abusive usage; (ii) use the API for any purpose that violates applicable law; (iii) use the API in a manner that negatively impacts the stability of our servers or other users' access to the Website; or (iv) sell, lease, or sublicense the API or access thereto.
18. FORCE MAJEURE
Neither party shall be liable for any failure or delay in performance under these Terms (other than for delay in the payment of money due and payable hereunder) for causes beyond that party's reasonable control and occurring without that party's fault or negligence, including, but not limited to, acts of God, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the Internet, any Internet service provider, telecommunications or hosting facility. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
19. GEOGRAPHIC RESTRICTIONS
The Website is controlled and operated from the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. We make no representation that the Website or any of its content is accessible or appropriate outside of the United States.
20. SURVIVAL
All provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
21. FEEDBACK AND SUGGESTIONS
Any feedback, comments, ideas, improvements, or suggestions (collectively, "Suggestions") provided by you to us with respect to the Website shall remain our sole and exclusive property. We shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
22. COMPLIANCE WITH LAWS
22.1 General Compliance You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Website and your listing, purchase, solicitation, or sale of real estate properties.
22.2 Communication and Marketing Regulations You are solely responsible for ensuring that your use of information obtained through the Website complies with all applicable telemarketing, direct marketing, and communication regulations, including but not limited to:
- The National Do Not Call Registry rules and requirements
- State-specific do-not-call regulations
- Federal and state telemarketing sales rules
- The Telephone Consumer Protection Act (TCPA)
- The CAN-SPAM Act for email communications
- Federal and state text messaging regulations
- Fair Debt Collection Practices Act (if applicable)
- FCC and FTC regulations regarding solicitation
- Real estate specific solicitation regulations
- Any industry-specific communication restrictions
22.3 Penalties and Liability You acknowledge that violations of communication regulations may result in significant penalties, including but not limited to fines up to $43,792 per violation for National Do Not Call Registry violations. You agree that you are solely responsible for any penalties, fines, or legal liability that may arise from your use of information obtained through the Website.