Amitree Terms of Use

These Terms were last updated on 04/15/2016

Welcome

Welcome to amitree.com, the website and online services of Amitree, Inc. and Amitree Insurance Services, Inc. (collectively "Amitree," "we," "us," or "our" ). Amitree helps simplify the process of buying and selling a home for real estate professionals and their clients.

This Terms of Use agreement (the "Terms of Use" ) explains the terms by which you may use our online services, website, software, and other services provided on or in connection with the services we provide (collectively the "Service" ).

This agreement applies to all users of Amitree. It is an agreement between you and us for your use of our Services. Please read this Agreement carefully. If you do not agree with it, then you may not use our website or our Services.

By using or visiting our website and by using any of our Services you agree to and are bound by these Terms of Use, including our Privacy Policy, which is a part of this Agreement.

Please read this agreement carefully to ensure that you understand each provision. This agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

By entering into this Agreement, you represent and warrant that you are of legal age to form a binding contract. If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms.

These Terms of Use are effective as of the “Last Updated” date specified above. We may change these Terms of Use at any time, and we will notify you of any material changes by posting a message on our homepage or by other means that will be obvious to you. Your continued use of the Site or Services after any such change will be your acceptance of any modified terms.

Children Under 13

Our website and Services are not intended for children under 13. We do not knowingly collect personal information from children under 13. If you are under 13, go outside and play, and do not register with us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at

No Real Estate or Legal Advice - Warning

While we consult with experts in the real estate industry in building Amitree, we are not licensed real estate professionals. We are not a real estate brokerage. We are not lawyers. The information provided to you, whether you are a real estate professional or a consumer, through the Service is not intended to be real estate or legal advice. It is informational only, and should not be relied upon in lieu of consultation with real estate or legal professional licensed in your own jurisdiction.

Notwithstanding the foregoing, if you elect to use Amitree for Insurance Services (discussed below), and you request and are provided with professional advice from an Amitree insurance representative, then you may use and rely upon such professional advice.

Your General Obligations

You will only use the Services in a manner that complies with all laws that apply to you. If your use of the website or Services is prohibited by applicable laws, then you aren’t authorized to use the website or Services. We cannot and will not be responsible for you using the Services in a way that breaks the law.

Our Services

Our Services include content, tools, links and recommendations intended to provide you with decision support related to the home purchase closing process, including the purchase of home and auto insurance.

Insurance Services: The Services may include the preparation of quotes and sales to you of third-party property and casualty insurance products. This is done through our wholly owned subsidiary Amitree Insurance Services, Inc., a Delaware corporation, which is a licensed independent insurance agency. We do not underwrite any insurance policy made available to you through the Services. Any insurance policy premium quotes or ranges displayed on the site or through the Services are non-binding. The final insurance policy premium for any policy is determined by the underwriting insurance company following application. Insurance products and their availability may vary by state and your individual circumstances, and additional minimum coverage limits may be required in your state. The third-party insurance products offered for sale through the site are only available in the jurisdictions in which we are properly licensed.

You are not required to use Amitree for Insurance Services to obtain an account and use the Services. If you choose to use Amitree or the Services to obtain professional advice with respect to any line of insurance that Amitree is licensed to transact ( "Insurance Services" ), you agree to (i) designate Amitree as your broker of record or agent of record, (ii) authorize Amitree to communicate such designation as broker or agent of record to any insurance carrier, your prior insurance producer, and any other person or entity Amitree determines should be advised; (iii) work exclusively with Amitree for such Insurance Services unless we have expressly agreed to collaborate with another insurance broker, and (iv) permit Amitree to receive any commission or other form of compensation that any insurance carrier agrees to pay to Amitree in connection with the provision of Insurance Services. If you do not choose to make us your broker of record for Insurance Services, certain functionality related to Insurance Services may not be available.

You should not cancel any existing insurance until you have received written confirmation from the insurance company to which you are applying that your new policy is effective.

Your Account

You do not need to register with us to visit and view the website. However, to access certain areas and to use certain Services, you must register for an account. Your Amitree account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of users.

You create and log in to the Services via the Google OAuth service, and you will need to access your account through a web browser. Some older accounts were originally created by providing us with an email address and a password. This is your “Account Information.”

For some older accounts:

  • When you registered, you provided us with your first name, last name, and email address. Some users also provided their company name.
  • You created a password for your account. You are solely responsible for the confidentiality of your password, as well as for any use of the website or any Services made using your password. Your password should only be used by you, and you should not share your password with any third party. We reserve the right to delete or change any password at any time and for any reason upon notice to you. You must keep your account password secure, and notify us immediately of any breach of security or unauthorized use of your account.

You warrant and represent that all registration information you provide is truthful and accurate. You may be required to update your registration information as necessary from time to time.

Your Account Information and other personal information you provided to us is subject to the terms of our Privacy Policy at www.amitree.com/privacy.

You may never use another user’s account without permission.

You are solely responsible for the activity that occurs on your account. We will not be liable for any losses caused by any unauthorized use of your account.

You consent to us using your email address to send you Service-related notices, including any notices required by law, instead of postal mail. We may also send you by email other messages, such as changes to features of the Service and special offers.

Account Access

If you have an account, Amitree grants you the right to access and use the Services. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. We reserve all rights not expressly granted. We may terminate this license and your access to the Services at any time for any reason or no reason.

When accessing and using the Services, you must:

  • Not attempt to undermine the security or integrity of Amitree's computing systems or networks or, where the Services are hosted by a third party, that third party's computing systems and networks;
  • Not use, or misuse, the Services in any way which may impair the functionality of the Services or website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or website;
  • Not attempt to gain unauthorized access to any materials other than those to which you have been given express permission to access or to the computer system on which the Services are hosted;
  • Not transmit, or input into the website, any: files that may damage any other person's computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use); and
  • Not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the website except as is strictly necessary to use either of them for normal operation.

Accuracy of Information and Recommendations

Amitree automatically provides individualized recommendations based on the information provided by users. All users are responsible for the accuracy of any information they provide to the Service. We do not review that information.

Sometimes there may be inaccuracies or omissions in your Amitree experience. We are not liable for any consequences, damages, or any negative result from the information or recommendations Amitree provides to you. It is the responsibility of users to review the information and recommendations provided by Amitree before taking any actions based on the information or recommendations.

Each user is responsible for the outcome of any decisions or actions taken based on the information or recommendations provided by Amitree.

Individual Service Agreements

Your use of certain Services may require you to agree to additional terms and conditions, or enter into separate agreements with us or applicable third-party insurance companies, or others. Any third-party insurance products purchased by you through the Site are subject to the terms and conditions of the applicable insurance carrier. If there is a conflict between these Terms of Use and the terms of any such other terms, the terms of such other terms will control.

Confidentiality And Privacy

Privacy

Amitree maintains a privacy policy that sets out the parties’ obligations regarding personal information. Read that policy at www.amitree.com/privacy. When you accept these Terms of Use, you also accept that Privacy Policy.

Confidentiality

"Confidential Information" is all information provided between you and us, but does not include information which is, or becomes, publicly available other than through unauthorized disclosure.

Without the prior written consent of the other or unless required to do so by law:

Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms of Use. Neither party will, without the prior written consent of the other, disclose or provide any Confidential Information to any person, or use the same for its own benefit, other than as contemplated by these Terms of Use.

Each party's obligations under this clause will survive termination of these Terms of Use.

These confidentiality provisions shall not apply to any information which:

Is or becomes public knowledge other than by a breach of this clause;

Is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;

Is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or

Is independently developed without access to the Confidential Information.

Your Account Data

We will not disclose your account data except if compelled by law, permitted by you, or pursuant to the terms of the Amitree Privacy Policy

From time to time, we may release non-personally-identifying Information gathered from Service users in the aggregate, such as by publishing a report on trends in the usage of the Service. See our Privacy Policy for more about that.

Intellectual Property

General

"Intellectual Property Rights" means any patent, trademark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.

Title to, and all Intellectual Property Rights in the Services, the website and any documentation relating to the Services remain the property of Amitree (or its licensors).

This Agreement does not transfer from Amitree to you any of our or third party Intellectual Property Rights, and all right, title and interest in and to such property will remain (as between the parties) solely with Amitree. Amitree, Amitree, the Amitree logo, and all other trademarks, service marks, graphics and logos used in connection with Amitree, or the website are trademarks or registered trademarks of Amitree or Amitree’s licensors. Other trademarks, service marks, graphics and logos used with the website may be the trademarks of other third parties. Your use of the website grants you no right or license to reproduce or otherwise use any Amitree or third-party trademarks.

You Own Your Data

Title and all Intellectual Property Rights in your data remain your property. You grant Amitree a license to use, copy, transmit, store, and backup your information and data to enable you to access and use the Services and for any other purpose related to provision of Services to you.

Backup of Data

You must maintain copies of all data you input into the Service. Amitree adheres to its best practice policies and procedures to prevent data loss, but makes no guarantees there will be no loss of data. Amitree expressly excludes liability for any loss of data no matter how caused.

Copyright Infringement and DMCA Policy

As Amitree asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material on or linked to by Amitree violates your copyright, you are encouraged to notify Amitree. Amitree will respond to such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, provided through the websites and webpages to which Amitree links, and that link to Amitree. Amitree has no control over those non-Amitree websites and webpages, and is not responsible for their contents or their use. By linking to a non-Amitree website or webpage, Amitree does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Amitree disclaims any responsibility for any harm resulting from your use of non-Amitree websites and webpages.

Acknowledgements, Warranties and Indemnification

Acknowledgement

You acknowledge that:

  • You may use the Services and the website and to access the information and data you input, including any information or data input by your invited users or others you have authorized to use the Services and access your account. You are also authorized to access the processed information and data made available to you through your use of the website and the Services (whether that information and data is your own or that of anyone else).
  • Amitree has no responsibility to any person other than you and nothing in this Agreement confers, or purports to confer, a benefit on any person other than you. If you use the Services or access the website on behalf of or for the benefit of anyone other than yourself you agree that you have legal permission to do so, you authorize any person given access to information or data, and you agree that Amitree has no obligation to provide any person access to such information or data without your authorization and may refer any requests for information to you to address; and

You will indemnify Amitree against any claims or loss relating to:

  • Our refusal to provide any person access to your information or data under these Terms of Use;
  • Our making information or data available to any person with your authorization.
  • The provision of, access to, and use of, the Services is on an "as is " basis and at your own risk.
  • Amitree does not warrant that using the Service will be uninterrupted or error free. The operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. Amitree is not in any way responsible for any such interference or prevention of your access or use of the Services.
  • It is your sole responsibility to determine that the Services meet your needs and are suitable for the purposes for which they are used.
  • You remain solely responsible for complying with all laws. It is your responsibility to check that storage of and access to your data via the website will comply with laws applicable to you (including any laws requiring you to retain records).

No warranties

Amitree gives no warranty about the Services. Without limiting the foregoing, Amitree does not warrant that the Services will meet your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

Limitation of Liability

To the maximum extent permitted by law, Amitree excludes all liability and responsibility to you (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or website.

If you suffer loss or damage because of Amitree's negligence or failure to comply with these Terms, any claim by you against Amitree will be limited regarding any one incident, or series of connected incidents, to the access fees paid by you in the previous 12 months.

If you are not satisfied with the Service, your sole and exclusive remedy is to terminate the Services

Indemnification

You agree to defend, indemnify and hold harmless Amitree, against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the website; (ii) your violation of any term of these Terms of Use; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Use and your use of the website.

Termination

No-fault termination

We may terminate your access to all or any part of the website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Amitree account (if you have one), you may simply discontinue using the website.

Breach

If you:

  • Breach any of these Terms of Use and do not remedy the breach within 14 days after receiving notice of the breach if the breach can be remedied;
  • Breach any of these Terms of Use and the breach is not capable of being remedied; or
  • You (including your business) become insolvent or your business goes into liquidation or has a receiver or manager appointed of any of its assets or if you become insolvent, or arrange with your creditors, or become subject to any similar insolvency event in any jurisdiction,

Amitree may take any or all of the following actions, at its sole discretion:

  • Terminate this Agreement and your use of the Services and the website;
  • Suspend for any definite or indefinite period of time, your use of the Services and the website;
  • Suspend or terminate access to all or any data.

Accrued Rights

Termination of these Terms of Use is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement you will immediately cease to use the Services and the website.

Survival of Certain Provisions

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, the Confidentiality and Privacy, Intellectual Property Acknowledgements, Warranties and Indemnification sections of these Terms of Use.

Technical Issues

Technical Problems

For technical problems, make all reasonable efforts to investigate and diagnose problems before contacting us. If you still need technical help, please contact us. Our contact information is at the end of this Agreement.

Service availability and Events Beyond Our Control

While Amitree intends that the Services should be 24 hours a day, seven days a week, it is possible that on occasions the Services or website may be unavailable to permit maintenance, for other development activities, or for reasons beyond our control.

If Amitree must interrupt the Services for longer periods than Amitree would normally expect, Amitree will use reasonable efforts to publish in advance details of such activity on the website.

Under no circumstances shall Amitree be held liable for any delay or failure in the website, or any of the Services or information on the website directly or indirectly resulting from, arising out of, relating to or for events beyond the reasonable control of Amitree, including, without limitation, internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. This paragraph is not intended to limit or modify, the limitation of Limitation of Liability section above.

General

Governing Law and Jurisdiction.

The website shall be deemed solely based in the United States; and the website shall be deemed a passive website that does not give rise to personal jurisdiction over Amitree, either specific or general, in jurisdictions other than San Francisco, California, U.S.A, and will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. Notwithstanding the preceding, with respect to Insurance Services requested by you, the substantive insurance laws of the state in which the Insurance Services are provided or any insurance policy is issued shall apply to the policy. The proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts in San Francisco County, California.

Arbitration – Class Action / Jury Trial Waiver

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without posting a bond), any dispute arising under this Agreement shall be finally settled under the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed under such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement or the arbitration award shall be entitled to costs and reasonable attorneys’ fees. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND AMITREE ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Entire Agreement.

These Terms of Use, with the Privacy Policy and any other legal notices published by Amitree on the website, shall constitute the entire agreement between you and Amitree concerning the Service and the website. It may only be modified by a written amendment signed by an authorized executive of Amitree, or by the posting by Amitree of a revised version.

Assignment

These Terms of Use, and any rights and licenses granted, may not be transferred or assigned by you, but may be assigned by us without restriction or limitations.

Severability

If a court of competent jurisdiction deems any provision of these Terms of Use invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

Waiver

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Statute of Limitation

Unless prohibited by law, any cause of action arising out of or related to the Service or the website must commence within one (1) year after the cause of action occurs. Otherwise, it shall be permanently barred.

Communications from Us

By registering with us, you expressly agree to receive communications from us, including promotional communications, by mail, email, or otherwise, from time to time. If you wish not to receive these communications, contact us. Our contact information is below, at the end of this Agreement.

Contact and California Residents

The provider of Services is Amitree, Inc. The provider of insurance services is Amitree Insurance Services, Inc. 584 Castro Street #851, San Francisco, CA 94114. You can reach us by telephone at (415) 779-8733, or by email at

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254. For Insurance Services, you may report any complaints to the insurance regulator in your state.