Terms of Service

IdealEstate Inc., a Delaware corporation (hereafter sometimes referred to variously as “IdealEstate.co”, “we”, “us” “our”) Welcome you to IDEALESTATE.CO (“Site”). By using this Site, you are agreeing to the following terms and conditions of use (the “Terms”). If you are acting on behalf of a company or other legal entity, you represent and warrant that you have the authority to act on behalf of and bind that entity to the following terms and conditions of use.

If you disagree with any of the Terms, you may not use this Site or any service offered through this Site. We reserve the right to change these Terms at any time without specific notice to you, so please check for changes each time you use the Site. Your continued use of the Site following the posting of changes to these Terms means that you accept those changes and agree to abide by them.

This is a private Site. We reserve the right to deny or limit access to this Site to, or block the account of, any person who fails to comply with these Terms, or who otherwise acts in a manner inappropriate for or incompatible with our Site or our intended audience, in our sole discretion and without notice.

Permitted Users

To use this Site, you must be at least 16 years of age and have the capacity and authority to enter into a contract, PROVIDED that if applicable law requires that you must be older than 16 in order for you to use the Site or receive the Services without parental consent, then you must be such older age to use this Site.

Conduct on the Site

This Site is an interactive online service primarily designed to connect buyers and sellers with real estate agents and associated professionals (“Professionals”) in the real estate industry (the “Services”). While using this Site, you agree to the following:

• You will only submit true and accurate information to the Site that you have the right to submit.
• You will only submit information about yourself or authorized information about your company to the Site.
• You will not attempt to access information on the Site that is restricted or otherwise not intended for you.
• You will not use or attempt to use another person’s account.
• You will not attempt to breach or circumvent any security measures on this Site.
• You will not attempt to interfere with any functionality or service of this Site.
• You will not use this Site for “spamming,” “junk mail,” “chain letter” or similar purposes.
• You will not use this site to harass, bully, abuse or otherwise harm another person.
• You will not use this Site to compete with the Site or to induce users of the Site to engage in activities that compete with the Site.
• You will not represent or imply that you are affiliated with, represent or are endorsed by us or the Site without our express written consent.
• You will not remove or conceal any copyright, trademark or other proprietary notices contained on the Site.
• You will not attempt to bypass any measures utilized to prevent or restrict access to this Site.
• You will not aggregate any information from this Site with material from other sites.
• You will not attempt to overload the Site or place undue burdens on the Site servers.
• You will not use any automated or manual means to access, copy, or monitor content from this Site.
• You will comply with all relevant laws, rules, and regulations.
• You will not use the Site or engage with the Services in a manner inconsistent with these Terms or with the intended use of the Site.
• You will comply with the terms and conditions of all offers made available through the Site.
• You will not use, distribute or disclose any information or data obtained from the Site in violation of these Terms.

User Accounts

By creating an account on the Site, you agree to the following:

• You will only create one account on this Site per user and you will provide the real name and accurate information concerning each such user.
• You will select a strong and secure password and safeguard such password and supervise the use of your account.
• You are responsible for maintaining the confidentiality of your account and for all activities, charges and/or liabilities that occur from your account, whether or not authorized by you.
• You must immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware.
• You will be responsible for your own use of your account and for the use of your account by anyone you allow to access it.
• You will not sell or otherwise transfer your account to anyone.
• You will not engage in fraudulent or unlawful conduct using your account.
• You will not submit false or inaccurate information concerning your account.
• If you terminate or disable your account, you will not create another account on this Site without our express permission.

User Content

By posting content to our Site (“Your Content”), you agree to the following terms and conditions:

• You must have a current account on our Site, which does not contain any inaccurate information about you, through which you may post Your Content.
• You represent and warrant that you are have all rights, licenses, permissions, or authorizations necessary to legally permit you to post the Your Content to our Site and allow it to be used as set forth herein, and that Your Content does not contain any material or information that infringes upon the intellectual property rights of any third party.
• You represent and warrant that use of our Site, and the posting of Your Content on the Site, does not, and will not with the passage of time, constitute a breach of any contract, agreement, undertaking, understanding or commitment (including without limitation any confidentiality or non-disclosure agreement) with any third party.
• You must be an authorized representative to host or administer Your Content for a company or entity (place or organization).
• You agree to be solely responsible for any liability or damages resulting from the posting of Your Content on the Site, and hereby indemnify us against any such liability or damages consistent with the “Indemnification by User” terms set forth below.
• You grant us a nonexclusive, worldwide, royalty-free license to reproduce, display, edit, distribute, publish, perform, sublicense, and create derivative works of Your Content in connection with our Site and our business, including without limitation for promoting and redistributing part or all of our Site, and derivative works thereof, in any media formats and through any media channels. You also grant users of our Site a nonexclusive, worldwide, royalty-free license to access Your Content through the Site, and to use, reproduce, distribute, display, and sublicense Your Content as permitted through the functionality of the Site and under these Terms of Use. These licenses are perpetual and irrevocable and you hereby represent and warrant that you have authority to grant such licenses to us.
• You agree that Your Content, and any content, offers, promotions, or solicitations thereon, will comply with all applicable local, state, federal, and international laws and regulations and are solely responsible for ensuring such compliance.
• You acknowledge that Your Content may be available to anyone on the Internet and may be found through search engines, scrapers, crawlers, and aggregators.
• You acknowledge that we may make formatting changes and non-substantive modifications to Your Content (such as translating it, modifying the size, layout or file type or removing metadata). However, we will not modify the substantive meaning or expression of Your Content unless it is otherwise in violation of the Terms and Conditions and other written policies of the Site.
• You agree that you will not collect any information directly from users of Your Content without first notifying such users about the collection and use of their information and obtaining their prior consent. You agree to notify any such users that it is you (and not we) who is collecting the information. If you collect information directly from users, you are solely responsible for compliance with all relevant laws and regulations will make it clear that you (and not us) are collecting it. Regardless of how you obtain content and information from users, you are responsible for securing all necessary permissions to reuse their content and information. You agree that any information you collect from users will be subject to a privacy policy that is consistent with, and as protective as, the Privacy Policy of the Site.
• You will not collect users' information, or otherwise access the Site, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
• You agree that Your Content will not contain software viruses, worms or other harmful code and you further agree that you will be liable for any such harm caused by Your Content.
• You agree that Your Content will be appropriate for the intended audience and purpose of this Site. Specifically, you agree that Your Content will not include illegal, discriminatory, vulgar, obscene, graphic, pornographic, violent, defamatory, hateful, threatening, offensive, or disparaging content.
• You agree that we may, but have no obligation to, remove Your Content and disable Your accounts if we determine in our sole discretion that Your Content or your use of this Site is unlawful, discriminatory, vulgar, obscene, graphic, pornographic, violent, defamatory, hateful, threatening, offensive, or disparaging.

Contact

If you, as a consumer, choose to contact a real estate agent or a Lender (as defined below) through use of the Services offered on the Site by filling out a contact or other request form on the Site, you authorize us to provide your name and contact information and other identifying information you provide to the applicable real estate agent or Lender consistent with our Privacy Policy.

You acknowledge that, by submitting your contact request or other request form on the Site or by electing to request pre-approval, you may receive telemarketing calls from or on behalf of the real estate agent or Lender at the telephone number(s) you provide.

The Services on the site may include providing phone numbers that can connect you with IdealEstate.co, its service providers, or other third parties, such as real estate agents and Lenders. Some of the numbers listed may be routed through a third party service ("Calling Service"). Calls through the Calling Service may be recorded or monitored for quality assurance and customer service purposes. In the event that you make a call to IdealEstate.co or through a Calling Service, you consent to such recording and monitoring. We will treat recorded calls in accordance with our Privacy Policy.

The Role of IdealEstate.co

You acknowledge and agree that we are not a licensed real estate broker and do not broker real estate transactions. We do not act as a real estate agent for you or any other user and we do not sell, buy, or negotiate the purchase, sale, or exchange of real property. Further, we do not lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property.

Fees

The Services offered by IdealEstate.co are free to consumers.

Professionals may be required to pay fees to access certain features, or Services. These services may include subscriptions, advertising, or other promotions. All fees are in U.S. dollars and are non-refundable and final upon purchase. If IdealEstate changes the fees for all or part of the Services, including by adding fees or charges, IdealEstate will provide you advance notice of those changes. If you do not accept the changes, IdealEstate may discontinue providing the applicable part of the Services to you. IdealEstate’s authorized third-party payment processor will charge the payment method you specified at the time of purchase.

You authorize IdealEstate to charge all fees as described in these Terms of Use for the Services you select to that payment method. If you pay any fees with a credit card, IdealEstate may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

Subscriptions. The Services may include features that allow for automatically recurring payments for periodic charges (“Subscription Service”). If you decide to activate a Subscription Service, you authorize IdealEstate to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on the payment due date for the accrued sums. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). IdealEstate may change the subscription fee for any subsequent subscription period but will provide you advance notice of any increase before it applies. You may cancel a Subscription Service by contacting us at: [email protected] or through your settings page for the paid feature.

Participating Professionals

The real estate professionals (including lenders, agents, brokers, title and escrow companies, inspectors, and other professionals involved in the home buying and selling process) (collectively, the “Professionals”) participating on the Services are solely responsible for their services to consumers. By using this Site, you acknowledge and agree that we will not be liable for any damages or costs of any type arising out of or in any way connected with any consumers' use of the Services or any services or products offered by Professionals (“Professional Products”), and you hereby release and waive any and all claims or causes of action against us arising in any way from, or in connection with, the Professional Products. You further acknowledge and agree that we are not responsible for any errors or delays caused by consumers or any Professional in the loan process. We reserve the right, at any time and in our sole discretion, to discontinue, suspend, or terminate the participation of any Professional or other user from using the Site or participating in any of the Services offered.

Linked Materials and Third-Party Materials

Services include links to third-party products, services and Web sites, as well as materials provided by third parties. We do not endorse, and take no responsibility for such products, services, Web sites, and materials. You understand that we have no obligation to, and generally do not, approve or monitor materials provided by third parties through the Services. Your dealings with any third party arising in connection with your use of the Site and receipt of the Services are solely between you and such third party.  We take no responsibility, and shall have no liability, for any damages or costs of any type arising out of or in any way connected with your dealings with such third parties, and you hereby release and waive any and all claims or causes of action against us arising in any way from, or in connection with, your dealings or transactions with such third parties.

Privacy

We may use personally identifying information provided by you, a consumer or Professional to improve the relevance of advertising shown to consumers. Please consult our Privacy Policy for more information.

User Transactions

You agree to the following terms and conditions if you make a purchase or a charitable or political contribution (collectively “Transactions”) through the Site:

• You acknowledge and agree that the Site merely facilitates Transactions between users of the Site and that we are not a party to any Transactions that may take place between users on the Site; therefore, we have no responsibility or liability for any Transactions or disputes related thereto.
• You agree that you will only make legitimate Transactions through the Site that comply with the letter and spirit of the terms of the respective Transactions.
• You agree that you will not initiate, participate in or engage in any Transactions for any unlawful purpose or which themselves constitute a violation of applicable law.
• You agree that you will only make Transactions on the Site for your own use and enjoyment, or, when offered, as a gift for another.
• You agree to be bound by and pay for all Transactions you make.
• You agree that all Transactions are final, unless expressly stated otherwise; if you order goods or services that become unavailable before they can be provided to you, you acknowledge and agree that our only obligation will be to refund your purchase price.  Claims for any further damages, if any, shall only be made against the other party to the subject Transaction.
• You represent and warrant that you are authorized to use the payment source provided for all Transactions and you authorize us to collect and store such payment source information, along with other related Transaction information.
• You authorize us (and our designated payment processor) to charge the full amount of all Transactions to the payment source you designate.
• You agree that we may cancel any Transaction if we believe the Transaction violates the law or the Terms of Use or if we believe that doing so may prevent financial loss, in which case your only remedy is to receive a refund of your Transaction amount.
• You agree that we may place a delay on a Transaction for a period of time, limit payment sources for a Transaction, limit your ability to make a Transaction, or deactivate your account if we believe doing so may prevent financial loss or a violation of law or these Terms of Use.
• You agree that we may contact your payment source issuer, law enforcement, or impacted third parties (including other users) and share details of any Transactions you are associated with if we believe doing so may prevent financial loss or a violation of law or these Terms of Use.

User Disputes

If you believe that your account has been used for an unauthorized, fraudulent or otherwise problematic Transaction, you agree to notify us immediately, so that we may take action to help prevent financial loss. Any assistance we provide in addressing a problematic Transaction is gratuitous in nature and shall not be regarded as an acknowledgement of responsibility or fault in connection with such Transaction.

• You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of Transactions that you authorized or accepted.
• If you enter into a Transaction with a third party and have a dispute related thereto, including without limitation any dispute over the goods or services that were the subject of the Transaction, you agree that we have no liability or responsibility arising out of any such dispute, including without limitation the provision of the subject goods or services. You hereby release and waive any and all claims or causes of action against us arising in any way from, or in connection with, such Transactions.
• We may intervene in, and assist in the resolution of, disputes between users but have no obligation to do so.
• Your only remedy for a technical failure or interruption of service on the Site involving any Transaction or attempted Transaction is to request that your Transaction be completed at a later time.

Access to Site

You acknowledge that there may be interruptions to this Site and that the Site may be unavailable from time to time. You acknowledge that your access to this Site may be interrupted, suspended, or terminated. You understand that the Site uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Site. We reserve the right to terminate services and to refuse to provide services to anyone in our sole discretion for any lawful reason, including any breach of these Terms of Use.

Data Transmission

You acknowledge that we are not responsible for the security of information that you choose to communicate with us or through the Site while it is being transmitted. In addition, we are not responsible for any data lost during transmission.

Third-Party Sites

For your convenience, this Site contains links to web sites operated by third parties. These sites are not maintained or controlled by us, and we are not responsible for their content. Although we have made a good faith effort to link only to appropriate sites, it is possible that some may contain inappropriate or objectionable material. If you find such material while using this site, please notify us immediately.

Privacy Policy

We treat Personally Identifiable Information in accordance with our Privacy Policy.

Ownership and Limited License

The content found on this Site, and the selection, arrangement, and coordination thereof, is protected by copyright and owned either by us or used with permission. Except as expressly provided herein, you may not download, copy, reproduce, distribute, transmit, broadcast, display, sell, licensed or otherwise exploit such content for any purposes whatsoever without the prior written consent of its owner. You are granted a limited, nonexclusive, nontransferable, revocable license to view, download, print, and distribute material owned by us from this Site only for your personal, noncommercial use. Notwithstanding the foregoing, we reserve the right, in our sole discretion, to deny, revoke, or limit permission to use the copyrighted materials found at this Site at any time. You may not sell material from this Site for any purpose. Your use of, or activities on the Site or utilization of any Services shall not entitle you to any rights to any intellectual property or proprietary rights of any copyrighted material on this Site or available for viewing through this Site. We reserve all rights not expressly granted in and to the Site and its content.

Trademarks

IDEALESTATE is our trademark and may not be used without our permission.

Disclaimers and Limitation of Liability

THE MATERIAL PROVIDED ON THIS SITE IS INTENDED FOR INFORMATIONAL PURPOSES ONLY. WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION IS COMPLETE, ACCURATE, RELIABLE, OR CURRENT. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST US WITH RESPECT THERETO. THE SITE, SERVICES AND ANY INFORMATION PROVIDED FROM OR THROUGH THIS SITE IS “AS IS” AND “AS-AVAILABLE,” AND YOU USE IT AT YOUR OWN RISK. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WE DO NOT WARRANT THAT THE SITE, INFORMATION OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

IN CONSIDERATION FOR BEING PERMITTED TO USE THE SITE, YOU DO HEREBY RELEASE AND DISCHARGE US FROM ANY AND ALL LIABILITY TO YOU FOR ANY AND ALL INJURY, LOSS, OR DAMAGE, AND ANY CLAIMS OR DEMANDS THEREFORE, IN ANY WAY RELATING TO OR ARISING OUT OF YOUR USE OF THE SITE OR SERVICES, EVEN IF SUCH INJURY, LOSS, OR DAMAGE IS CAUSED BY OUR NEGLIGENCE, TO THE FULLEST EXTENT PERMITTED BY LAW. OUR AGGREGATE LIABILITY ARISING FROM OR RELATING TO YOUR USE OF THIS SITE OR SERVICES (REGARDLESS OF THE FORM OF ANY ACTION OR CLAIM - E.G., CONTRACT, WARRANTY, TORT, AND/OR OTHERWISE), SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US FOR YOUR USE OF THE SITE IN THE PAST THIRTY DAYS OR FIVE HUNDRED DOLLARS, WHICHEVER IS LESS. WE SHALL NOT IN ANY CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR REVENUE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME.

Indemnification by User

You agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this Site or breach of these Terms of Use. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

Notice of Copyright Infringement

If you believe that your copyrighted material has been used on this Site in a manner that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by notifying our Copyright Agent at Legal Dept. 4531 S. Aspen Hollow Lane, Holladay, UT 84117. Your notification must include substantially the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Miscellaneous

Governing Law; Venue. Your use of the Site shall be governed by, and this Agreement shall be governed by and construed in accordance with, the laws of the State of Utah, USA, as they apply to agreements made and solely performed therein. You irrevocably consent and waive all objections to personal jurisdiction and venue in the state and federal courts located in the State of Utah, USA for any action arising out of or relating to this Agreement or Site. You shall not commence or prosecute any suit or action except in the foregoing courts.

Severability. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of these Terms are held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of these Terms will continue in full force and effect.

Contacting Us

If you have any questions about this these Terms of Use, please contact us at [email protected].

© 2018 Idealestate Inc. All rights reserved.  This document was last updated on 7/19/18