These Terms of Use (“Terms”) govern your access to and use of this website (“Site”), made available to you by Hello Data, Inc., 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 be effective immediately upon posting to the Site and, by accessing or using the Site after changes are posted, you agree to those changes. Material changes will be conspicuously posted on the Site.
THESE TERMS CONTAIN A WAIVER OF CLASS ACTION AND AN AGREEMENT BY YOU TO RESOLVE DISPUTES THROUGH BINDING ARIBITRATION ON AN INDIVIDUAL BASIS. PLEASE REVIEW THE ARBITRATION SECTION BELOW SINCE YOU ARE GIVING UP CERTAIN RIGHTS, SUCH AS THE RIGHT TO A JURY TRIAL AND THE RIGHT TO SUE HELLO DATA IN A CLASS ACTION LAWSUIT.
A. PRIVACY POLICY
We may collect certain information from your access to and use of the Site as described in our Privacy Policy, which is hereby incorporated by reference into these Terms. We encourage you to read and become familiar with our Privacy Policy. Your use of this Site constitutes your acknowledgement to the information collection, use, and sharing described in our Privacy Policy.
B. 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 the property of Hello Data or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. You acknowledge and agree that the Site, including its contents, constitutes valuable intellectual property and proprietary information of Hello Data or its licensors and content providers, as applicable, and that you acquire no ownership interest in or to the Site or any of its contents by accessing or using the Site. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Hello Data or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Site may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.
Copyright © 2023 Hello Data, Inc. All rights reserved. You may not, without our express prior written permission, use any of Hello Data’s trademarks or service marks for any purpose.
C. RESTRICTIONS ON YOUR USE OF THE SITE AND COMPLIANCE WITH LAWS
You may access and use the Site only for your personal or internal use. You may download and print one copy of the Site’s visible content for your own personal or internal use as long as you do not modify or delete any copyright, trademark, or other proprietary notices. You will not otherwise reproduce, display, distribute, redistribute, duplicate, copy, publish, post, license, rent, sell, resell, or exploit for any commercial purpose any portion of the Site or any part of the Site without the prior written consent of Hello Data. You will not decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, translate, adapt, or create derivative works of the Site or any part thereof.
This Site is not targeted to children or minors. You represent and warrant that all information that you provide to us in connection with your access to or use of the Site is true, accurate, and complete to the best of your knowledge and belief.
In connection with your access to and use of the Site, and that of any person authorized by you to access or use the Site on your behalf, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct.
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 other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
iii. Impose an unreasonably or disproportionately large load on the Site or otherwise interfere with or inhibit any other user of this Site from using or enjoying 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 any other real estate data aggregation platform or service, or any data or other information belonging to a third party in violation of that party’s terms of service or any applicable policy or law;
vi. Use the Site to post or transmit any information that is invasive of another’s privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others;
vii. Engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult; or
viii. Create a false identity for the purpose of misleading others, commit fraud or falsify information in connection with your use of the Site, or act maliciously against the business interests or reputation of Hello Data.
Hello Data reserves the right, in its sole discretion, to terminate your access to all or part of the Site, without notice or liability, for any reason, including, but not limited to, the breach of these Terms.
D. HELLO DATA SOFTWARE SUBSCRIBER ACCOUNTS
If you have subscribed to our services ("Hello Data Software"), the Site may link to or allow you to sign into an online Hello Data Software account. All access to and use of Hello Data Software is governed by the Hello Data Subscription Agreement or other applicable agreement between you and Hello Data governing that Hello Data Software, including our Privacy Policy. You are responsible for maintaining the confidentiality of your Hello Data Software account username and password.
E. CHANGES TO THE SITE
We expressly reserve the right to make changes to the Site, including to the programs, products, and services mentioned on the Site and to suspend or remove any Site content, for any reason, at any time, and without notice. Any programs, products, or services that may be mentioned on or made available through the Site are subject to availability and additional terms, which may include the Subscription Agreement and any policies as made available from time to time.
F. NO WARRANTY
THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HELLO DATA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, WITH RESPECT TO THE SITE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES REGARDING AVAILABILITY, QUALITY, ACCURACY, AND COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS.
HELLO DATA DOES NOT WARRANT THAT: (a) THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (b) THE SITE WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS OF ANY KIND; (c) ANY SITE CONTENT WILL BE ACCURATE, CURRENT, TIMELY, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (d) ANY DEFECTS IN THE SITE WILL BE CORRECTED; OR (e) THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL CONDITIONS OR COMPONENTS. HELLO DATA IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE SITE. HELLO DATA 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 IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE SITE FROM LOCATIONS OTHER THAN IN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS.
YOUR USE OF THE SITE IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SITE, AND ANY OTHER DAMAGE THAT MAY BE INCURRED.
NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM HELLO DATA OR IN ANY MANNER FROM THE SITE CREATES ANY WARRANTY.
G. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HELLO DATA, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, CONSULTANTS, AGENTS, REPRESENTATIVES, SUPPLIERS, OR LICENSORS (TOGETHER, “HELLO DATA 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 CONNECTION WITH THE SITE, YOUR ACCESS TO, USE OF, OR RELIANCE ON THE SITE (INCLUDING WITHOUT LIMITATION THE INPUT OF PERSONAL AND OTHER INFORMATION INTO THE SITE), OUR PERFORMANCE OR FAILURE TO PERFORM ANY OBLIGATIONS IN CONNECTION WITH THESE TERMS, THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR OF THIRD PARTIES, OR YOUR USE OF ANY THIRD-PARTY GOODS, SERVICES, OR WEBSITES, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF AN HELLO DATA PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.
DISCONTINUATION OF USE OF THE SITE IS YOUR SOLE RIGHT AND REMEDY FOR ANY DISSATISFACTION WITH THE SITE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE HELLO DATA PARTIES’ LIABILITY TO YOU OR TO ANY THIRD PARTY EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
H. INDEMNIFICATION
You will defend, indemnify, and hold harmless the Hello Data Parties from and against 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 in connection with: (a) your access to or use or misuse of the Site or any materials, data, or other information downloaded or otherwise obtained from the Site, (b) your breach of these Terms, (c) or your violation of any rights of any third party. We reserve, and you grant to us, the exclusive right to assume the 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 HELLO DATA PARTIES FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, DEMANDS, RIGHTS OF ACTION, AND CAUSES OF ACTION, PRESENT OR FUTURE, KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, RESULTING FROM OR ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. If you are a California resident, you 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 releasing party.” If you are a resident of another 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 or controlled by Hello Data. Those links are provided as a convenience and we are not responsible for examining or evaluating the content or accuracy of, and we do not warrant or endorse, any third-party websites or any products or services made available through those websites. We make no representations whatsoever concerning the opinions expressed on or by third-party websites. Please take care when leaving the Site to visit a third-party website. You should read the terms of use and privacy policy for each website that you visit. If you decide to access any third-party websites or services through a link on our Site, you do so entirely at your own risk and Hello Data will not have any liability for any loss or damage arising from your access to or use of any third-party websites or services.
K. FEEDBACK
Hello Data welcomes comments regarding the Site. If you submit comments or feedback to us regarding the Site, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
L. GOVERNING LAW; JURISDICTION
These Terms will be construed, governed by, and enforced in accordance with the laws of the State of Delaware, United States of America, without regard to its conflicts of law principles. Venue is exclusively in the state or federal courts, as applicable, located in New Castle County, Delaware, United States of America, with respect to any dispute arising out of or related to these Terms unless otherwise determined by Hello Data in its sole discretion and the parties expressly agree to the exclusive jurisdiction of those courts. You will not contest the admissibility or enforceability of these Terms in connection with any 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 to arbitrate disputes with Hello Data and limit the manner in which you can seek relief from us.
Applicability. Any dispute, claim, or controversy arising out of or relating to these Terms, including the breach, termination, enforcement, interpretation, or validity of these Terms (together, “Disputes”), will be resolved by binding arbitration on an individual basis as described in these Terms (this “Arbitration Agreement”). But, in the event of any actual, alleged, or threatened violation of confidentiality or violation of Hello Data’s intellectual property or other proprietary rights, Hello Data may immediately resort to court proceedings in a court of competent jurisdiction in order to seek immediate injunctive relief without posting bond, proving damages, or meeting any similar requirement. Any institution of any action for injunctive relief will not constitute a waiver of the right or obligation of either party to submit any claim seeking relief other than injunctive relief to arbitration. This Arbitration Agreement applies to you; Hello Data; Hello Data’s affiliates; Hello Data’s and its affiliates’ respective directors, officers, owners, employees, contractors, consultants, agents, representatives, predecessors in interest, successors in interest, and assigns; authorized and unauthorized users or beneficiaries 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 decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The parties will share equally in the costs assessed for the arbitration and each party will bear its own attorneys’ fees and costs. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. The parties understand that they would have had a right or opportunity to litigate Disputes through a court, to have a judge or jury decide their case, and to participate in a class action or other proceeding involving multiple claimants, but they have instead chosen to have all Disputes decided through individual arbitration.
Place; Federal Arbitration Act. The place of arbitration will be New Castle County, Delaware, unless otherwise agreed to in writing by all parties to the arbitration. This Arbitration Agreement evidences a transaction involving interstate commerce and the Federal Arbitration Act, 9 U.S.C. Sections 1-16, will govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement.
Confidentiality. Any and all actions taken under this Arbitration Agreement, including all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.Time Limitation on Claims. Arbitration proceedings must be initiated within one year after 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) the link must be a text-only link and clearly marked; (b) the link must “point” to the URL “https://hellodata.ai/” and not to any other page; (c) the link and its use must be in connection with a website of appropriate subject matter; (d) the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with Hello Data’s names and trademarks; (e) the link and its use must not create the false appearance that any program, person, or entity is associated with or sponsored by Hello Data; and (f) the link, when activated by a user, must display the Site full-screen and not within a frame. Hello Data reserves the right to revoke consent to link to the Site at any time in its sole discretion, either by amending these Terms or through other notice.
O. ELECTRONIC COMMUNICATIONS
These Terms and any other documentation, agreements, notices, or communications between you and Hello Data may be provided to you electronically. You consent to receive 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 agreements between you and Hello Data governing Hello Data Software, are the entire agreement between you and Hello Data with respect to your access to and use of the Site.
Any provisions of these Terms that are intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability, indemnification, and dispute resolution) will continue in effect beyond 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 time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent. These Terms inure to the benefit of Hello Data’s successors and assigns.
Hello Data’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Hello Data and our waiver of any breach of these Terms will not be a waiver of any preceding or 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 remaining provisions will remain in full force and effect.
The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.
Q. CONTACT US
Please direct questions and concerns regarding the Site or these Terms to us by email at contact@hellodata.ai or call us at (708) 207-5156.
