XREA app Terms of Service
Effective as of: December 7, 2023
Last Updated: December 7, 2023
Purpose of Site
All trial accounts are provided “as is” and “as available” without any warranty of any kind.
Trial accounts may be suspended, terminated or discontinued at any time and for any reason (or no reason).
XREA disclaims all obligations and liabilities (including any liability otherwise provided for under any limitation of liability provision) for any harm or damage arising out of or in connection with a trial account.
The Site uses proprietary algorithms to evaluate the potential viability of developing residential homes in various neighborhoods and cities based on specified criteria we refer to as “Use Cases.” The viability of a given use case is measured by a “Use Case Score.” All Use Case Scores are projections, and they do not represent actual results. These projections are based upon various assumptions regarding properties, neighborhoods and cities. We make no representation that any Use Case Score will accurately reflect a given neighborhood’s or city’s development viability.
The data presented is subject to significant assumptions. Although XREA believes the assumptions used to generate this data are reasonable, these assumptions are subjective in nature and other assumptions may also be reasonable. Different assumptions may result in materially different returns. Users should satisfy themselves that they understand the assumptions used and their effect on these projections. Users should understand that they may lose some or all of their investment. The projections set forth in these materials are provided to you on the understanding that you will understand and accept the inherent limitations of such Use Case Scores, and will not rely on them as your sole metric in making any decision to invest in a property. We do not represent that any given Use Case Score will result in a successful outcomes if a User decides to develop in a given area based on the Use Case Score.
Use of Site
(1) All information you submit is truthful and accurate, and you will promptly update it as it may change from time to time.
(2) For individual users, you are a U.S. citizen, at least age 18 or older, and you are of age to enter into a legally binding contract when using the Site.
(3) For commercial users, the person subscribing to our Services and creating an account is employed by the institution or entity that you have designated, and such person is authorized to act on the entity’s behalf in an official capacity with respect to the Services and the Site.
(4) Your use of the Site does not and will not violate any laws or regulations that may apply to you, or any agreements that you have with another person or entity, and you will only use the Services for lawful purposes, and not for deceptive or fraudulent purposes; you will not send or store any unlawful material.
(5) Any content that you insert or upload to the Site does not infringe the copyright, trademark, publicity/privacy right and/or other intellectual property or proprietary rights of any person or entity.
(6) You will not impersonate another person or act as another entity without authorization, or create multiple accounts.
B. You also agree to the following:
(1) You will not use the Services, the Site or any content accessible through the Services for any commercial “for profit” purpose, including but not limited to contacting, advertising to, soliciting or selling to, any individual, outside of the relationship that we have with you, without our prior written consent.
(2) While using the Site, you must comply with all applicable domestic and international laws, statues, ordinances and regulations.
(3) You will not use the services to cause nuisance, annoyance or inconvenience; distribute viruses or any other technologies that may harm us, or the interests or property of any of our other users or business partners; bypass our system security measures, damage, disable, interfere with or impair the working of the Services or the Site, or impose an unreasonable or disproportionately large load on our infrastructure.
(4) You will not harvest or otherwise collect information about other users or visitors to the Site, including email addresses, or otherwise violate the publicity or privacy rights of another individual without their consent.
(5) You understand and agree that you do not have the authority to act on our behalf, to speak for us or to obligate us in any way with respect to any third party.
(6) Except with the express written permission of XREA, you will not access or attempt to access password-protected, secure or non-public areas of the Site or obtain or attempt to obtain any materials or information through any means not made readily accessible by us.
(7) Except with the express written permission of XREA, you will not alter, modify, copy, distribute, transmit, display, perform, reproduce, reuse, post, publish, license, hyperlink to, promote, download, cache, store for subsequent use, create derivative works from, frame in another Web page, use on any other Web site or application, transfer or sell any information, software, content displayed, lists of users, databases or other lists, products or services provided through or obtained from the Site or Services, including without limitation, engaging in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other content or information.
(8) You will not damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site.
(9) You will not create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed through the Services except for your personal, noncommercial use.
(10) You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Services.
You are responsible for the timely payment of any fees incurred by your use of the Services available on the Site. With regard to the XREA subscription fee (the “Subscription Fee”), you agree to a recurring monthly charge as outlined during the signup process along with any upgrades, enhancements or fee-based services that you may agree to within the Service or from the order page on the Site, including, without limitation, the Market Study or Feasibility Study, on your credit card until canceled by you. You may cancel your account with 30 days’ prior written notice by clicking the “Cancel My Account” button found within your account.
In the event that your designated primary payment method declines for any Subscription Fee or other charges that you incur, you authorize XREA to bill all additional credit cards or payment methods on file from you with XREA to satisfy your outstanding balance(s).
Unless you purchase the Market Study or Feasibility Study, the term of your subscription is one month, but automatically renews month-to-month unless terminated by you or us.
WE RESERVE THE RIGHT, AT ANY TIME AND FROM TIME TO TIME, TO PROSPECTIVELY CHANGE THE NATURE AND AMOUNT OF FEES CHARGED FOR ACCESS TO THE SERVICE AND THE MANNER IN WHICH SUCH FEES ARE ASSESSED AS SET FORTH HEREIN.
Payment of Charges
XREA currently charges a monthly Subscription Fee for Market Intel. The monthly Subscription Fee for the Services is calculated from the day of the month that the User’s paid subscription commences. [The User may also purchase a Market Study or Feasibility Study, which shall be paid upfront prior to receiving such studies.] The User authorizes XREA to, and agrees that XREA may, charge to the User's credit card, debit card or bank account, in advance, the User's regular monthly Subscription Fee for the Services for each month of the User’s regular monthly subscription on a recurring basis. The User authorizes XREA to, and agrees that XREA may, modify and/or change the monthly subscription fee charged to the Client upon thirty (30) days' notice to the User sent by e-mail to the User's email of record on file with XREA. The monthly Subscription Fee is non-refundable and accrues until canceled whether or not the User accesses the Site or uses the Services.
The User is required to pay all charges on time and agrees to submit an accompanying payment authorization in connection with these charges when requested by XREA. Credit-card transactions require an acceptable and currently working/continuously valid credit card number/account. XREA may terminate or disable the User’s participation in the Services if the User fails to pay fully and in a timely manner any and all amounts due to XREA. If the User's credit card expires or is otherwise declined for payment, access to the Services and Site can be modified or suspended without notice to the User. In the event the User's primary payment method declines or is otherwise rejected or returned, the User authorizes XREA to charge and collect payment(s) from any credit card(s) or payment method(s) on file for the User's account.
The User's complete billing address and telephone number must be provided to process payments. XREA accepts major credit cards including Visa, MasterCard, Discover and American Express [and may accept bank drafts, including personal checks, money orders, cashier's checks, and company checks sent by mail.] XREA may charge a $30.00 handling fee, or the maximum allowable by law, whichever is less, for each check returned unpaid for insufficient funds or any other reason.
The User may contact XREA customer service by e-mail at email@example.com concerning charges or other questions regarding the status of the User's account. However, if the User's account questions are not satisfactorily resolved within fifteen business days of the User's sending an e-mail, and in no event later than 90 days after a questionable account billing or other discrepancy should have been discovered, the User must write to the customer service department, XREA, Inc., 30 N. Gould Street, Sheridan Wyoming 82801, delivered by United States mail. Otherwise, all such complaints are irrevocably waived.
The User represents, warrants, affirms and agrees that the Services, including the Use Case Scores provided by us to you will only be used by you and that you will not permit or allow the data, information or Services to be used by any agent, representative, consultant, officer, director, shareholder, parent organization, subsidiary organization, third party or any other person or entity. You consent that your search volume is monitored to avoid abuse, data duplication, “data mining” and excessive or otherwise non-customary search and usage patterns. Any such actions will be determined by us in our sole discretion and will result in an immediate termination of your account. The User further represents, warrants, affirms and agrees that you will not transfer, sell, convey, use, resell or sublicense any data, information or Services, including Use Case Scores provided by us to you in any medium, form, manner or format whatsoever, for any purpose including, [but not limited to the following:
Using the Services other than for the User’s own personal use, i.e. no commercial purpose or use, or use of the User’s account by others is permitted;
Making available to any third party any reproduction, reformatting, publication, distribution or dissemination of information associated with the Service;
Marketing or telemarketing uses;
World Wide Web, Internet or online uses;
Real estate valuation models, programs or systems;
Inclusion or in combination with any other service or product of any kind;
Extracting, selecting or drawing out any data element for any use;
Real estate appraisal;
Credit evaluation and/or support;
Evaluating risk, marketing sale of insurance products of any kind, including but not limited to life, health, long-term care, disability, casualty, umbrella, mortgage, title or property;
Debt collection; and
Marketing or sale of legal goods and/or services of any kind, including but not limited to bankruptcy or real estate title/lien history.]
Termination and Interruption of Access
You may cancel your monthly subscriptions at any time. All fees due to XREA up to the end of the then-current monthly billing cycle at the time of termination shall remain payable to XREA.
Information Regarding Accuracy, Completeness and Timeliness of Information in the Services
The Services are provided for general information only and should not be relied upon or used as the basis for making significant decisions without consulting primary or more accurate, more complete or more timely sources of information. Any reliance upon the Services shall be at your own risk. Neither we, nor any third party involved in creating, producing or delivering the Services, is responsible if the Services are not accurate, complete or current or for any consequence relating directly or indirectly to any action or inaction that you take based on the Services.
ALTHOUGH XREA MAKES A REASONABLE EFFORT TO PROVIDE AN ACCURATE SERVICE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICES, CONTENT AND ALL PARTS THEREOF ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. XREA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND CORPORATE AFFILIATES AND THIRD PARTY SUPPLIERS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (TOGETHER, THE “XREA PARTIES”) CANNOT AND DO NOT REPRESENT, WARRANT, COVENANT OR GUARANTY THAT (I) THE SITE, SERVICES AND/OR CONTENT WILL ALWAYS BE ACCURATE, APPROPRIATE, SUFFICIENT, CORRECT, COMPLETE, CURRENT OR TIMELY; (II) THE OPERATION OF, OR YOUR ACCESS TO, THE SERVICES THROUGH THE SITE WILL ALWAYS BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, CONTENT OR SERVICES WILL BE RELIABLE OR (IV) DEFECTS OR ERRORS IN THE SITE OR THE SERVICES, BE THEY HUMAN OR COMPUTER ERRORS, WILL BE CORRECTED.
XREA EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION (1) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, WORKMANLIKE EFFORT, QUIET ENJOYMENT AND NO ENCUMBRANCES OR LIENS, (2) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; (3) THE SERVICES CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY XREA PARTY AND (4) THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND ANY RELIANCE UPON THE SERVICES AND/OR CONTENT IS AT YOUR OWN RISK.
XREA RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR USE OR ACCESS TO THE SITE OR ANY SERVICES OR ANY FEATURE OR PART THEREOF IN ANY MANNER WE DEEM APPROPRIATE AT ANY TIME WITHOUT WARNING AT OUR DISCRETION.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, XREA WILL NOT BE HELD LIABLE FOR ANY LOSS, COST OR DAMAGE SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION THOSE ARISING OUT OF OR RELATED TO ANY FAULTS, INTERRUPTIONS OR DELAYS IN THE SERVICES, OUT OF ANY INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED IN THE SERVICES, REGARDLESS OF HOW SUCH FAULTS, INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISE, OR FOR ANY UNAUTHORIZED USE OF THE SERVICES.
NEITHER XREA NOR ANY XREA PARTY SHALL HAVE ANY LIABILITY FOR ANY DAMAGES RESULTING FROM ANY FAILURE TO PERFORM ANY OBLIGATION HEREUNDER OR FROM ANY DELAY IN THE PERFORMANCE THEREOF DUE TO CAUSES BEYOND XREA'S CONTROL, INCLUDING, WITHOUT LIMITATION, INDUSTRIAL DISPUTES, ACTS OF GOD OR GOVERNMENT, PUBLIC ENEMY, WAR, FIRE, OTHER CASUALTY, FAILURE OF ANY LINK OR CONNECTION WHETHER BY COMPUTER OR OTHERWISE, OR FAILURE OF TECHNOLOGY OR TELECOMMUNICATIONS OR OTHER METHOD OR MEDIUM OF STORING OR TRANSMITTING THE SERVICES.
XREA NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF THE SERVICES, CONTENT, SOFTWARE OR ANY OTHER MATERIALS DISPAYED ON THE SITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
IF YOU ARE A CALIFORNIA RESIDENT, YOU SPECIFICALLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
THE FOREGOING LIMITATIONS APPLY WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, SERVICE LIABILITY OR OTHERWISE, EVEN IF THE XREA PARTIES WERE NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.
THE LIMITATION OF LIABILITY SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN XREA AND YOU. THE SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM XREA THROUGH THE SERVICES CREATES ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
If you create any settings, saved searches, fields or functions in the Services or input, add or export any data into or from the Services (together, the "User Data"), XREA shall not have any liability or responsibility for any such User Data, including the loss, destruction or use by third parties of such User Data. It is your responsibility to make back-up copies of User Data.
The Services use various trademarks and service marks of XREA. All of these trademarks and service marks are the property of XREA. You agree not to use or display them in any manner without the prior written permission of XREA.
[Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement should be sent to XREA’s designated agent at XREA, Inc., 30 N. Gould Street, Sheridan Wyoming 82801. All inquiries must be filed in accordance with Title 17, United States Code, Section 512.]
Applicable Law; Arbitration
To begin an arbitration proceeding, you must submit the Dispute by utilizing the forms available at ADR Consumer site, and concurrently sending a copy of the completed form to the following address: 30 N. Gould Street, Sheridan, Wyoming 82801.
(b) No Class Action Matters. You and XREA each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class or representative action or proceeding or as an association. In addition, unless we both agree otherwise, Disputes shall be arbitrated only on an individual basis and the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a class, a consolidated or representative action and that the arbitrator may award relief (including monetary, injunctive and declaratory relief) only on an individual basis. The arbitrator does not have the power to vary these provisions. Any relief awarded cannot affect other XREA users.
(c) Choice of Law and Forum; No Jury Trial. In the event that this Arbitration Section is found to not apply to you or to a particular claim or Dispute or if for any reason a Dispute proceeds in court: (i) except with respect to a qualifying claim over a Dispute in a small claims court, which you shall have the right to bring in a court of competent jurisdiction in the county in which you reside, you and XREA agree that any Dispute may only be instituted in a state or federal court in the State of Wyoming; (ii) you and XREA irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; and (iii) you and XREA agree to waive any right to a trial by jury. You and XREA agree that the arbitrator will decide the substance of all claims in accordance with the Federal Arbitration Act, the AAA rules, applicable federal law, and the laws of the State of Delaware, without regard to principles of conflicts of law.
(d) Injunctive Relief. Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property, or any illegal or intentional act affecting the accessibility, functionality, or the security of the Site, and/or any illegal or intentional act against your interests or the general business interests of XREA.
(e) Severability. With the exception of Section (b) above, if a court decides that any part of this Arbitration Section is invalid or unenforceable, then the balance of this Arbitration Section still apply and be construed and enforced as if the portion ruled unenforceable were not contained herein. If Section (b) above is ruled to be unenforceable, then Section (a) of the Arbitration Section shall be deemed unenforceable, but the rest of the Arbitration Section shall remain in full effect. Access and use of this Site and Services is not authorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation, this Arbitration Section.
Modifications to Services; Changes to these Terms
The Site is controlled and operated from within the United States. We make no representation that the Site is appropriate or available in locations outside the United States. Anyone choosing to access the Site from other locations is responsible for compliance with applicable laws. International visitors must comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Services may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria or any other country to which the United States has embargoed goods; or to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders.]
[HF1]We are assuming that before anyone actually uses the services they will have clicked an acknowledgement that they have read and review the Terms. [HF2]Is this possible for XREA? [HF3]Don’t know whether this is relevnt [YD4]What email should we use for notice? [OG5]firstname.lastname@example.org