These Terms of Use (“Terms”) govern your access to and useof this website (“Site”), made available to you by Hello Data, Inc. (“HelloData”), and its affiliates, collectively referred to as “we,” “us,” or “our”.
By accessing and using the Site, you agree on behalf of yourself and any organization or company that you represent (together, “you”) that you have read, understand, and agree to these Terms. If you do not agree with these Terms, do not access or use the Site.
We reserve the right to modify these Terms at any time. All changes will beeffective immediately upon posting to the Site and, by accessing or using theSite after changes are posted, you agree to those changes. Material changeswill be conspicuously posted on the Site.
THESE TERMS CONTAIN A WAIVER OF CLASS ACTION AND AN AGREEMENT BY YOU TO RESOLVEDISPUTES THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE REVIEW THEARBITRATION SECTION BELOW SINCE YOU ARE GIVING UP CERTAIN RIGHTS, SUCH AS THERIGHT TO A JURY TRIAL AND THE RIGHT TO SUE HELLODATA IN A CLASS ACTION LAWSUIT.
A. PRIVACY POLICY
We may collect certain information from your access to and use of the Site asdescribed in our Privacy Policy, which is hereby incorporated by reference intothese Terms. We encourage you to read and become familiar with our Privacy Policy. Your use of this Site constitutes your acknowledgement tothe information collection, use, and sharing described in our Privacy Policy.
B. HELLODATA SOFTWARE SUBSCRIBER ACCOUNTS
This Site may allow you to set up a 7-day free trial (“Free Trial”) toour services ("HelloData Software"). You are responsible for maintaining theconfidentiality of your HelloData Software account username and password. All Free Trials are in our discretion and maybe terminated at any time if we become aware that you are violating theseTerms. Free Trials are not available toor for any entity or individual associated with real estatedata, rent survey, or revenue management solutions. Any entity or individual associated with any real estate data, rent survey, orrevenue management solution who accesses the HelloData Software or any userinterface or API related to the same does so in violation of these Terms and HelloData’s intellectual property rights, which HelloData may pursue as the same.
If you have subscribed to the HelloData Software pursuantto a HelloData Subscription Agreement or written agreement between you and HelloData,the Site may link to or allow you to sign into an online HelloData Softwareaccount. All access to and use of HelloData Software is governed by the HelloDataSubscription Agreement or other applicable agreement.
C. INTELLECTUAL PROPERTY RIGHTS
The Site, including its text, audio, video, graphics, charts, photographs,interfaces, icons, software, computer code, data, trademarks, logos, slogans,names of products and services, documentation, other components and content,and the design, selection, and arrangement of content is exclusively theproperty of HelloData or, as applicable, its suppliers and licensors, and isprotected by copyright, trademark, and other intellectual property laws. Youacknowledge and agree that the Site, including its contents, constitutesvaluable intellectual property and proprietary information of HelloData or itslicensors and content providers, as applicable, and that you acquire noownership interest in or to the Site or any of its contents by accessing orusing the Site. Any unauthorized use of any trademarks, trade dress,copyrighted materials, or any other intellectual property belonging to HelloDataor any third party is strictly prohibited and may be prosecuted to the fullestextent of the law. The Site may contain references to third-party marks andcopies of third-party copyrighted materials, which are the property of theirrespective owners.
Copyright © 2023 HelloData, Inc. All rights reserved. You may not, without ourexpress prior written permission, use any of HelloData’s trademarks or servicemarks for any purpose.
D. RESTRICTIONS ON YOUR USE OF THE SITE AND COMPLIANCE WITH LAWS
You may access and use the Site only as permitted by these Terms and only foryour personal or internal use. You may view the Site’s visible content for yourown personal or internal use as long as you do not modify or delete anycopyright, trademark, or other proprietary notices and so long as you do notuse the Site to access the HelloData Software outside the Free Trial granted toyou in these Terms or your HelloData Subscription Agreement. You will not otherwise reproduce, display, distribute, redistribute, duplicate, copy,publish, post, license, rent, sell, resell, or exploit for any commercialpurpose any portion of the Site or any part of the Site without the priorwritten consent of HelloData. You will not decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, translate, adapt, orcreate derivative works of the Site or any part thereof.
This Site is not targeted to children or minors. You represent and warrant thatall information that you provide to us in connection with your access to or useof the Site is true, accurate, and complete to the best of your knowledge andbelief.
In connection with your access to and use of the Site, and that of any personauthorized by you to access or use the Site on your behalf, you are responsiblefor complying with all applicable laws, regulations, and policies of allrelevant jurisdictions, including all applicable local rules regarding onlineconduct.
Additionally, you will not, nor will you cause or permit any person to:
i. Use the Site for any unlawful purpose;
ii. Use the Site to post or transmit any material that contains any viruses,Trojan horses, worms, time bombs, cancelbots, malware, adware, or othercomputer programming routines that may damage, interfere with, surreptitiouslyintercept, or expropriate any system, data, or personal information;
iii. Impose an unreasonably or disproportionately large load on the Site orotherwise interfere with or inhibit any other user of this Site from using orenjoying the Site;
iv. Use the Site to post or transmit any unlawful, fraudulent, libelous,defamatory, obscene, pornographic, profane, threatening, abusive, hateful,offensive, harassing, or otherwise objectionable information of any kind;
v. Use the Site to post or transmit any data or other information from CoStar,Axiometrics, REIS, RealPage, Real Capital Analytics, Yardi, Corelogic or anyother real estate data aggregation platform or service, or any data or otherinformation belonging to a third party in violation of that party’s terms ofservice or any applicable policy or law;
vi. Use the Site to post or transmit any information that is invasive ofanother’s privacy or publicity rights or that otherwise violates or infringesin any way upon the rights of others;
vii. Engage in activities that aim to render the Site or associated servicesinoperable or to make their use more difficult; or
viii. Create or use a false identity when creating or using an account for anypurpose, including for the purpose of misleading others, obtaining HelloDatainformation, or otherwise circumvent any security measure;ix. Commit fraud or falsify information in connection withyour use of the Site, or act maliciously against the business interests or reputationof HelloData;ix. Create an account in your capacity as an employee,agent, representative, or otherwise acting on behalf of a competitor of HelloData,or any real estate data, rent survey, or revenue management solutions, or impersonateor misrepresent your affiliation with any such person or entity;xi. Use the Site in an unauthorized manner or in excess ofwhat in our discretion is normal business use;xii. Use the Site toor create screen recordings, summaries of features, screenshots, datadictionaries, data samples, API documentation, or any other informationregarding the HelloData Software or intellectual property.
HelloData reserves the right, in its sole discretion, to terminate your accessto all or part of the Site, without notice or liability, for any reason,including, but not limited to, the breach of these Terms.
E. CHANGES TO THE SITE
We expressly reserve the right to make changes to the Site, including to theprograms, products, and services mentioned on the Site and to suspend or removeany Site content, for any reason, at any time, and without notice. Anyprograms, products, or services that may be mentioned on or made availablethrough the Site are subject to availability and additional terms, which mayinclude the Subscription Agreement and any policies as made available from timeto time.
F. NO WARRANTY
THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTIES OF ANYKIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HELLODATA EXPRESSLYDISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR OTHERWISE,WITH RESPECT TO THE SITE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIESOF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE,NON-INFRINGEMENT, AND WARRANTIES REGARDING AVAILABILITY, QUALITY, ACCURACY, ANDCOMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS.
HELLODATA DOES NOT WARRANT THAT: (a) THE SITE WILL BE UNINTERRUPTED ORERROR-FREE; (b) THE SITE WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS OF ANYKIND; (c) ANY SITE CONTENT WILL BE ACCURATE, CURRENT, TIMELY, COMPLETE,RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (d) ANY DEFECTS IN THE SITEWILL BE CORRECTED; OR (e) THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLEARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL CONDITIONS ORCOMPONENTS. HELLODATA IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THESITE. HELLODATA HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION,MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION.
WE MAKE NO REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE INLOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE SITE FROMLOCATIONS OTHER THAN IN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOUARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS.
YOUR USE OF THE SITE IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FORANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSSOF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SITE, ANDANY OTHER DAMAGE THAT MAY BE INCURRED.
NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM HELLODATA OR INANY MANNER FROM THE SITE CREATES ANY WARRANTY.
G. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HELLODATA,ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, OWNERS,EMPLOYEES, CONTRACTORS, CONSULTANTS, AGENTS, REPRESENTATIVES, SUPPLIERS, ORLICENSORS (TOGETHER, “HELLODATA PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT,SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSSES OR DAMAGES,OR ANY OTHER LOSSES OR DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTIONWITH THE SITE, YOUR ACCESS TO, USE OF, OR RELIANCE ON THE SITE (INCLUDINGWITHOUT LIMITATION THE INPUT OF PERSONAL AND OTHER INFORMATION INTO THE SITE),OUR PERFORMANCE OR FAILURE TO PERFORM ANY OBLIGATIONS IN CONNECTION WITH THESETERMS, THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITEOR OF THIRD PARTIES, OR YOUR USE OF ANY THIRD-PARTY GOODS, SERVICES, ORWEBSITES, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE),STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF AN HELLODATA PARTY HASEXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.
DISCONTINUATION OF USE OF THE SITE IS YOUR SOLE RIGHT AND REMEDY FOR ANYDISSATISFACTION WITH THE SITE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILLTHE HELLODATA PARTIES’ LIABILITY TO YOU OR TO ANY THIRD PARTY EXCEED $100, EVENIF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOWTHE EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS ANDLIMITATIONS MAY NOT APPLY TO YOU.
H. INDEMNIFICATION
You will defend, indemnify, and hold harmless the HelloData Parties from andagainst all claims, demands, suits, complaints, actions, other proceedings,losses, damages, liabilities, judgments, settlements, fines, penalties, costs,and expenses (including reasonable attorneys’ fees) arising out of or inconnection with: (a) your access to or use or misuse of the Site or anymaterials, data, or other information downloaded or otherwise obtained from theSite, (b) your breach of these Terms, (c) or your violation of any rights ofany third party. We reserve, and you grant to us, the exclusive right to assumethe defense and control of any matter subject to indemnification by you.
I. WAIVER AND RELEASE
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, YOU FULLY AND FOREVER WAIVE,RELEASE, AND DISCHARGE EACH OF THE HELLODATA PARTIES FROM ANY AND ALL CLAIMS,LOSSES, DAMAGES, DEMANDS, RIGHTS OF ACTION, AND CAUSES OF ACTION, PRESENT ORFUTURE, KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, RESULTING FROM ORARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. If you are a Californiaresident, you waive California Civil Code Section 1542, which says: “A generalrelease does not extend to claims that the creditor or releasing party does notknow or suspect to exist in his or her favor at the time of executing therelease and that, if known by him or her, would have materially affected his orher settlement with the debtor or releasing party.” If you are a resident ofanother jurisdiction, you waive any comparable statute or doctrine.
J. THIRD-PARTY WEBSITES
The Site may link to or be linked to websites that are not maintained orcontrolled by HelloData. Those links are provided as a convenience and we arenot responsible for examining or evaluating the content or accuracy of, and wedo not warrant or endorse, any third-party websites or any products or servicesmade available through those websites. We make no representations whatsoeverconcerning the opinions expressed on or by third-party websites. Please takecare when leaving the Site to visit a third-party website. You should read theterms of use and privacy policy for each website that you visit. If you decideto access any third-party websites or services through a link on our Site, youdo so entirely at your own risk and HelloData will not have any liability forany loss or damage arising from your access to or use of any third-partywebsites or services.
K. FEEDBACK
HelloData welcomes comments regarding the Site. If you submit comments orfeedback to us regarding the Site, they will not be considered or treated asconfidential. We may use any comments and feedback that you send us in ourdiscretion and without attribution or compensation to you.
L. GOVERNING LAW; JURISDICTION
These Terms will be construed, governed by, and enforced in accordance with thelaws of the State of Delaware, United States of America, without regard to itsconflicts of law principles. Venue is exclusively in the state or federalcourts, as applicable, located in New Castle County, Delaware, United States ofAmerica, with respect to any dispute arising out of or related to these Termsunless otherwise determined by HelloData in its sole discretion and the partiesexpressly agree to the exclusive jurisdiction of those courts. You will notcontest the admissibility or enforceability of these Terms in connection withany action or proceeding arising out of or relating to these Terms.
M. ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY
Please read the following paragraphs carefully because they require you toarbitrate disputes with HelloData and limit the manner in which you can seekrelief from us.
Applicability. Any dispute, claim, or controversy arising out of or relating tothese Terms, including the breach, termination, enforcement, interpretation, orvalidity of these Terms (together, “Disputes”), will be resolved by bindingarbitration on an individual basis as described in these Terms (this“Arbitration Agreement”). But, in the event of any actual, alleged, orthreatened violation of confidentiality or violation of HelloData’sintellectual property or other proprietary rights, HelloData may immediatelyresort to court proceedings in a court of competent jurisdiction in order toseek immediate injunctive relief without posting bond, proving damages, ormeeting any similar requirement. Any institution of any action for injunctiverelief will not constitute a waiver of the right or obligation of either partyto submit any claim seeking relief other than injunctive relief to arbitration.This Arbitration Agreement applies to you; HelloData; HelloData’s affiliates; HelloData’sand its affiliates’ respective directors, officers, owners, employees,contractors, consultants, agents, representatives, predecessors in interest,successors in interest, and assigns; authorized and unauthorized users orbeneficiaries of the Site; and any third-party beneficiaries.
Arbitrator. Arbitration proceedings will be administered by JAMS/Endispute(“JAMS”) before an arbitrator selected pursuant to the JAMS rules. The decisionof the arbitrator will be final and binding. Any final award or judgment may befiled and enforced in any court of competent jurisdiction. The parties willshare equally in the costs assessed for the arbitration and each party willbear its own attorneys’ fees and costs. Any arbitration proceeding may not beconsolidated or joined with any other proceeding and will not proceed as aclass action. The parties understand that they would have had a right oropportunity to litigate Disputes through a court, to have a judge or jurydecide their case, and to participate in a class action or other proceedinginvolving multiple claimants, but they have instead chosen to have all Disputesdecided through individual arbitration.
Place; Federal Arbitration Act. The place of arbitration will be New CastleCounty, Delaware, unless otherwise agreed to in writing by all parties to thearbitration. This Arbitration Agreement evidences a transaction involvinginterstate commerce and the Federal Arbitration Act, 9 U.S.C. Sections 1-16,will govern the interpretation, enforcement, and proceedings pursuant to thisArbitration Agreement.
Confidentiality. Any and all actions taken under this Arbitration Agreement,including all filings, orders, judgments, and awards made in any arbitrationproceeding, are confidential and may not be disclosed to any third party. TimeLimitation on Claims. Arbitration proceedings must be initiated within one yearafter any Dispute arises, otherwise, the Dispute is permanently barred.
N. LINKING TO THE SITE
If you operate a website and are interested in linking to the Site: (a) thelink must be a text-only link and clearly marked; (b) the link must “point” tothe URL “https://hellodata.ai/” and not to any other page; (c) the link and its use mustbe in connection with a website of appropriate subject matter; (d) the link andits use must not, nor have the potential to, damage or dilute the goodwillassociated with HelloData’s names and trademarks; (e) the link and its use mustnot create the false appearance that any program, person, or entity isassociated with or sponsored by HelloData; and (f) the link, when activated bya user, must display the Site full-screen and not within a frame. HelloDatareserves the right to revoke consent to link to the Site at any time in itssole discretion, either by amending these Terms or through other notice.
O. ELECTRONIC COMMUNICATIONS
These Terms and any other documentation, agreements, notices, or communicationsbetween you and HelloData may be provided to you electronically. You consent toreceive communications from us electronically to the extent permissible by law.Please print or otherwise save a copy of all documentation, agreements,notices, and other communications for your reference.
P. GENERAL
These Terms, including our Privacy Policy and, if applicable, any agreementsbetween you and HelloData governing HelloData Software, are the entireagreement between you and HelloData with respect to your access to and use ofthe Site.
Any provisions of these Terms that are intended to survive termination(including, but not limited to, any provisions regarding limitation of ourliability, indemnification, and dispute resolution) will continue in effectbeyond any termination of these Terms or of your access to or use of the Site.
We may assign our rights and delegate our duties under these Terms at any timeto any party without notice to you. You may not assign your rights or delegateyour duties under these Terms without our prior written consent. These Termsinure to the benefit of HelloData’s successors and assigns.
HelloData’s failure to enforce any provision of these Terms will not constitutea waiver of that provision or any other provision. Any waiver of any provisionof these Terms will be effective only if in writing and signed by HelloData andour waiver of any breach of these Terms will not be a waiver of any precedingor subsequent breach thereof.
If any provision of these Terms is held to be invalid, void, or unenforceable,that provision will be severed from the remaining provisions and the remainingprovisions will remain in full force and effect.
The headings in these Terms are for convenience only and do not affect theinterpretation of these Terms.
Q. CONTACT US
Please direct questions and concerns regarding the Site or these Terms to us byemail at contact@hellodata.ai or call us at (708) 207-5156.