1. Who Can Use Mashvisor Services
You must be: a) at least the age of majority in the state where you live to use the Sites, and b) a resident of the United States. If you are under 13 years old, do not use the Sites.
2. Intellectual Property Ownership and License
A. Copyright All materials (including source code, data, images, and other content) contained in the Services, including the selection and arrangement of the materials, are owned by Mashvisor or are licensed by Mashvisor for use on the Sites.
B. Trademarks Mashvisor, the Mashvisor logos and other Mashvisor trademarks, service marks, graphics, and logos used in connection with Mashvisor are trademarks or registered trademarks of Mashvisor in the U.S. and/or other countries.
C. Data The MLS Data on our Sites is the property of the individual MLSs providing the data.
D. Other Intellectual Property Mashvisor also owns trade secrets and know-how that contribute to the functionality of the Services.
E. Webscraping of Listing & Property Data Is Not Allowed Crawling the Mashvisor.com and network sites is allowed for inclusion in web search engine results only. Webscraping, downloading or webcrawling of any property or other data for inclusion in another real estate search site, content aggregator, or any other purpose is strictly forbidden without prior written consent from Mashvisor.
G. Reservation of Rights Except for the limited license granted above, Mashvisor reserves all of its intellectual property rights in the Sites. This Agreement does not grant you any right or license with respect to any trademarks and logos.
H. Information Aggregation Mashvisor is not responsible for any errors in displayed information or delays in displaying information. All information on the Sites is either transmitted to Mashvisor from other entities or persons or was obtained through publicly available government sources. Issues of data accuracy may be brought to the attention of Mashvisor by sending feedback but it is likely that such information accuracy cannot be corrected by Mashvisor and the entity or person that generated the information must be appealed to. For example: incorrect listing information can only be changed by the third party listing agent under our terms with the MLSs.
I. Days on Mashvisor The Days on Mashvisor value is derived from the date the listing was first displayed on the Sites, not from data in the MLS listing.
J. Accuracy of Investment Return Metrics Mashvisor utilizes actual listings in order to calculate investment return metrics like cash on cash return and cap rate. All investment return metrics, expense amounts, mortgage rates, and similar data (“Assumed Values”) are estimated by Mashvisor and are not guaranteed. Mashvisor does not warrant or guarantee the accuracy of the Assumed Values and investors should not rely on Mashvisor’s Assumed Values when making a purchasing decision. Investors should conduct their own research when making a purchasing decision.
4. Equal Housing Opportunity
We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.
5. Your Submissions and Community Guidelines
B. Mashvisor Community Guidelines
C. License You grant Mashvisor a perpetual, unlimited right to use, reproduce, modify, distribute, and display your Submissions worldwide in any media. Mashvisor may, but is not obligated to, post the name you associate with the Submission. Additionally, you grant Mashvisor a perpetual unlimited license to use, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Mashvisor, without any further consent, notice and/or compensation to you or to any third parties. You agree that Mashvisor may share your personal information, including your telephone number and email address, with Mashvisor partners and customers, including real estate agents.
D. Disclaimer Mashvisor takes no responsibility and assumes no liability for any Submissions posted by you or any third party. We may not monitor or control the Submissions posted via the Services and, we cannot take responsibility for such Submissions. Any use or reliance on any Submissions or materials posted via the Services or obtained by you through the Services is at your own risk. Therefore, if you have an idea or information that you would like to keep confidential or don't want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any forum, or elsewhere on the Sites. MASHVISOR IS NOT RESPONSIBLE FOR ANOTHER'S MISUSE OR MISAPPROPRIATION OF ANYTHING YOU POST ON MASHVISOR.
E. Forums Mashvisor offers forums where you can post your observations and comments on designated topics. Mashvisor account holders can create forum topic threads. Mashvisor, in its sole discretion, may close or transfer threads, or remove content from them if the content violates this Agreement or others' intellectual property rights. Please note that everything you share in a forum may be seen and used by other users of the Services.
6. How Mashvisor May Communicate with You
For purposes of responding to you and providing you with information and notices about your account or the Services (such as information about homes you might be interested in), you agree that Mashvisor may communicate with you through the contact information associated with your Mashvisor account or Mashvisor Applications, including your device ID, email, mobile number, telephone, or the postal address you provided (if any). Please review your Account Settings or settings on your mobile device to control what kind of messages you receive from Mashvisor. Mashvisor has no liability rising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services. You authorize Mashvisor to share your personal information including your home search history, favorites and saved searches, with a real estate professional and you authorize real estate professionals to contact you.
7. Third Party Sites
You may deactivate your account at any time. After you deactivate your account, you will no longer have access to the Services. If you'd like to deactivate your account, please visit the Billing section of your Account Profile. Mashvisor may terminate this Agreement or your account at any time, with or without notice.
You agree to indemnify Mashvisor and hold Mashvisor harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys' fees and costs) related to all third party claims, charges, and investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any Submissions or information you provide to the Services, and/or (c) any activity in which you engage on the Mashvisor Sites or using the Mashvisor Services.
MASHVISOR PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. MASHVISOR DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MASHVISOR AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY MASHVISOR OR ANYTHING RELATED TO MASHVISOR, YOU MAY DEACTIVATE YOUR MASHVISOR ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 9 ("TERMINATION") AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. MASHVISOR IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH MASHVISOR TO ANYONE. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SITES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. MASHVISOR DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, MASHVISOR DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. MASHVISOR DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. MASHVISOR DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, MASHVISOR DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
12. Limitation of Liability
13. Dispute Resolution
Any claim or controversy arising out of or relating to the use of the Sites, to the goods or services provided by Mashvisor, or to any acts or omissions for which you may contend Mashvisor is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitration shall be venued in San Jose, CA. The arbitrator shall be selected pursuant to the AAA rules or from a list of arbitrators provided by Mashvisor. Filing and other non-award costs will be paid for, in equal shares, by both parties except that the fee to the arbitrator will be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand. Should any State or Federal law conflict with the above rules for resolving disputes or the AAA rules, such conflicting rules shall be severed from the enforceable rules and the enforceable rules shall survive and control the dispute resolution process. Any gaps left in the process due to severed rules shall be resolved at the discretion of the selected arbitrator. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in San Jose, California. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Mashvisor, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in San Jose, California. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.
14. Additional Legal Terms
A. Severability If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision.
B. Entire Agreement You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and Mashvisor regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Mashvisor services.
E. No Waiver Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
F. No Injunctive Relief In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services.
G. Assignment and Delegation You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Mashvisor for any third party that assumes our rights and obligations under this Agreement.
H. Alpha and Beta Testing The Services include any alpha or beta testing or other evaluation or use of products and services, features, functionality, and all components thereof (whether in final or prerelease form) that we may conduct ("Testing"). Except to the extent otherwise provided in another agreement between you and Mashvisor, your participation in any Testing and use of any content, information, or other materials in connection with such Testing shall be subject to this Agreement.
I. Potential Other Rights and Obligations You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.
J. Complaints Regarding Content Posted on the Mashvisor Website For non-copyright complaints, you may notify us here.
K. International Matters We make no representation that the Services are appropriate or available for use in any particular location. Those who choose to access Mashvisor do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Services, including software from Mashvisor, is further subject to United States export controls. No Services, including software from Mashvisor, may be downloaded or otherwise exported or re-exported in violation of any applicable law, rule or regulation.
L. Complaint Regarding Copyright Infringement If you are a copyright holder and believe your work has been used on the Sites in a way that constitutes copyright infringement, please contact us with the following information:
It is expected that all users of any part of the Services will comply with applicable copyright laws. However, if Mashvisor is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity.
Under appropriate circumstances, Mashvisor will, in its discretion, terminate authorization of users of the Services who are repeat infringers. If you believe that a user is a repeat infringer, please follow the instructions above to contact Mashvisor and provide information sufficient for us to verify that the user is a repeat infringer.