Terms of Use
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These Terms of Use (the “Terms”) constitute a legally binding agreement between you (the “User” or “Subscriber”) and MotivatedFinder, operating at motivatedfinder.com (the “Company,” “we,” “us,” or “our”), governing your access to and use of the MotivatedFinder website, software, application programming interface, and related services (collectively, the “Service”). By accessing, registering for, or otherwise using the Service in any manner, the User acknowledges that the User has read, understood, and agrees to be bound by these Terms in their entirety. If the User does not agree to any provision of these Terms, the User must immediately discontinue all use of the Service.
1.Acceptance of Terms
By creating an account, submitting an email address for authentication, or otherwise accessing any portion of the Service, the User affirms that the User has the legal capacity to enter into a binding contract, accepts these Terms without modification, and agrees to comply with all applicable laws and regulations in connection with the User's use of the Service. These Terms, together with the Privacy Policy incorporated by reference, constitute the entire agreement between the User and the Company with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, whether oral or written.
2.Eligibility
The Service is intended solely for use by individuals who are at least eighteen (18) years of age and who possess the legal authority to enter into a binding agreement in their jurisdiction of residence. By using the Service, the User represents and warrants that the User satisfies these eligibility requirements and that the User has not previously been suspended or removed from the Service. The Company reserves the right, in its sole discretion, to refuse service, terminate accounts, or remove content for any User who does not meet these eligibility criteria.
3.Account Registration and Authentication
The Service utilizes passwordless magic-link email authentication. Upon submission of an email address, the Company will dispatch a single-use, time-limited authentication link to the address provided. The Subscriber is solely responsible for maintaining the confidentiality and security of the electronic mail account associated with the Subscriber's account and accepts full responsibility for all activity that occurs under the Subscriber's account. The Subscriber agrees to provide accurate and current information at registration and to promptly notify the Company of any unauthorized access to or use of the Subscriber's account.
4.Subscription Plans and Billing
The Service is offered under tiered subscription plans, including a Free Tier providing limited monthly access to lead data, a Pro plan billed at forty-nine United States dollars ($49.00 USD) per month providing unrestricted access to owner contact information, score filters, comma-separated value exports, and electronic mail alerts, and, where available, an Investor plan billed at one hundred forty-nine United States dollars ($149.00 USD) per month providing multi-county coverage and additional features. All paid subscriptions are processed by Stripe, Inc., and by subscribing the Subscriber authorizes the Company, acting through Stripe, to charge the Subscriber's designated payment method on a recurring monthly basis until the subscription is canceled in accordance with these Terms.
5.Non-Refundable Subscription Fees
All subscription fees paid in connection with the Service, including but not limited to monthly recurring charges, upgrade differentials, and prorated period charges, are non-refundable in their entirety and are deemed fully earned at the time of payment. Once a charge has been processed and accepted, no refund, credit, or proration shall be issued for any reason, including without limitation dissatisfaction with the Service, failure to use the Service during any portion of the billing period, account inactivity, technical issues affecting individual Users, or termination of the subscription by either party prior to the conclusion of the billing period. The Subscriber may cancel the Subscriber's subscription at any time to prevent future recurring charges, in which event the cancellation shall take effect at the conclusion of the then-current billing period, and the Subscriber shall retain access to paid features through such conclusion. No prorated refunds shall be provided for partial billing periods under any circumstances.
6.Restrictions on Use
The Subscriber shall not, and shall not permit any third party to: (a) scrape, crawl, harvest, or otherwise extract lead data, owner information, or other content from the Service in bulk through automated means; (b) resell, sublicense, rent, lease, or otherwise transfer access to the Service, in whole or in part, to any third party; (c) use lead data or property owner information for unsolicited mass marketing, robocalling, automated text messaging, or any other communication that would violate the Telephone Consumer Protection Act, the CAN-SPAM Act of 2003, the Texas Business and Commerce Code, or any other applicable federal, state, or local law; (d) attempt to circumvent, disable, or otherwise interfere with security features, access controls, the free-tier unlock cap, rate limits, or any other protective measure of the Service; (e) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, scoring methodology, or database schema of the Service; (f) use automated systems, including bots, spiders, scrapers, or headless browsers, to access the Service in a manner that exceeds reasonable human use; or (g) use the Service in any manner that is fraudulent, deceptive, defamatory, harassing, or otherwise unlawful.
7.Data Sources and No Warranty of Accuracy
The lead data, scoring information, property attributes, and related content displayed within the Service are compiled from publicly available records published by governmental authorities, including without limitation the Harris County Appraisal District, the Harris County District Clerk, the Harris County Probate Court, the United States Census Bureau, the Federal Emergency Management Agency, and other public sources. While the Company makes commercially reasonable efforts to compile, normalize, and present this data, the Company makes no representation or warranty, express or implied, regarding the accuracy, completeness, timeliness, or fitness for any particular purpose of any lead data, owner information, parcel information, valuation estimate, distress signal, or score appearing within the Service. The Subscriber acknowledges that public records may contain errors, omissions, or outdated information, and the Subscriber assumes sole responsibility for independently verifying any information obtained through the Service prior to relying upon it for any purpose, including without limitation prior to contacting any property owner or making any investment decision.
8.Compliance with Outreach Laws
Property owner names, mailing addresses, parcel characteristics, and related information made accessible through the Service originate from public records and are provided for the Subscriber's lawful business research purposes. The Subscriber is solely responsible for ensuring that any communication, solicitation, or other outreach to property owners conducted using information obtained through the Service complies with all applicable laws, including without limitation the Telephone Consumer Protection Act, the CAN-SPAM Act of 2003, the Texas Business and Commerce Code, the National Do Not Call Registry, the Texas No Call List, and any applicable municipal ordinances regulating direct mail, telemarketing, or door-to-door solicitation. Violation of such laws may result in significant civil penalties for which the Subscriber, and not the Company, shall be solely liable.
9.Intellectual Property Rights
The Service, including without limitation the user interface, the distress scoring engine, the aggregated database, all source code, design elements, trademarks, service marks, logos, and documentation, is owned by the Company or its licensors and is protected by United States and international copyright, trademark, trade secret, and other intellectual property laws. Public records data is not owned by the Company; however, the Company's compilation, normalization, scoring, ranking, and presentation of such data constitute original works of authorship protected as a compilation. Subject to the Subscriber's ongoing compliance with these Terms and timely payment of all applicable subscription fees, the Company grants the Subscriber a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for the Subscriber's own internal business purposes. All rights not expressly granted herein are reserved by the Company.
10.Suspension and Termination
The Company reserves the right, in its sole and absolute discretion and with or without prior notice, to suspend, restrict, or terminate the Subscriber's access to the Service in whole or in part for any reason, including without limitation any actual or suspected breach of these Terms, any conduct that the Company determines to be harmful to other Users or to the Service, any failure to timely pay applicable subscription fees, or any requirement of applicable law. The Subscriber may terminate the Subscriber's account at any time by transmitting written notice to hello@motivatedfinder.com. Upon termination for any reason, the Subscriber's right to access the Service shall immediately cease, and the provisions of Sections 5, 7, 9, 11, 12, 13, and 14 of these Terms, together with any other provisions that by their nature should survive termination, shall remain in full force and effect.
11.Disclaimer of Warranties
The Service is provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, statutory, or otherwise. To the maximum extent permitted by applicable law, the Company hereby disclaims all warranties, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as any warranties arising out of course of dealing, course of performance, or trade usage. The Company does not warrant that the Service will be uninterrupted, error-free, secure, free of viruses or other harmful components, or that defects will be corrected.
12.Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the Company, its officers, directors, employees, agents, affiliates, or licensors be liable to the Subscriber or to any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation damages for loss of profits, loss of business opportunity, loss of data, loss of goodwill, or business interruption, arising out of or in connection with the Subscriber's use of or inability to use the Service, whether based in contract, tort, strict liability, or any other legal theory, even if the Company has been advised of the possibility of such damages. The Company's aggregate cumulative liability arising out of or in connection with these Terms or the Service, regardless of the form of action, shall not exceed the total amount paid by the Subscriber to the Company during the twelve (12) months immediately preceding the event giving rise to the claim.
13.Indemnification
The Subscriber agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, demands, actions, proceedings, losses, damages, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to (a) the Subscriber's access to or use of the Service, (b) the Subscriber's breach or alleged breach of these Terms, (c) the Subscriber's violation of any applicable law, regulation, or third-party right, including without limitation any law governing communication with property owners, or (d) any information, content, or material that the Subscriber submits to or transmits through the Service.
14.Governing Law and Venue
These Terms, and any dispute, claim, or controversy arising out of or relating to these Terms or the Service, shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-law principles. The Subscriber and the Company hereby irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Harris County, Texas, for the resolution of any such dispute, claim, or controversy, and waive any objection to such jurisdiction or venue on the grounds of inconvenient forum or otherwise.
15.Modifications to Terms
The Company reserves the right to modify, amend, or replace these Terms at any time in its sole discretion. Material modifications shall be communicated to the Subscriber by electronic mail to the address associated with the Subscriber's account or by conspicuous notice within the Service not less than seven (7) days prior to the effective date of such modifications. The Subscriber's continued access to or use of the Service following the effective date of any modification shall constitute the Subscriber's acceptance of the modified Terms. If the Subscriber does not agree to the modified Terms, the Subscriber's sole and exclusive remedy shall be to discontinue use of the Service.
16.Severability and Waiver
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to render it enforceable, or, if such modification is not possible, severed from these Terms, and the remaining provisions shall continue in full force and effect. The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision or of any other right or provision.
17.Notices and Contact
All notices, requests, demands, and other communications required or permitted to be given to the Company under these Terms shall be transmitted in writing by electronic mail to hello@motivatedfinder.com and shall be deemed effective upon receipt. Notices to the Subscriber may be transmitted to the electronic mail address associated with the Subscriber's account.