Terms of Use

1. Agreement to these terms

These Terms of Use (the “Terms”) govern your access to and use of the website at www.addresswell.co, its subdomains, any Addresswell application, and every feature, tool, email and service we offer through them (together, the “Services”). “Addresswell,” “we,” “us” and “our” mean Addresswell, LLC. “You” means the person using the Services and, if you use them for a business or other organization, that organization as well.

By visiting, browsing, creating an account, clicking to accept, or otherwise using the Services, you agree to these Terms and to the policies they incorporate. If you do not agree, do not use the Services.

You must be at least 18 years old and able to form a binding contract to use the Services. The Services are not directed to children, and we do not knowingly allow anyone under 18 to create an account. If you use the Services on behalf of an organization, you represent that you have authority to bind it to these Terms.

2. Policies that are part of these terms

The following documents are incorporated into and form part of these Terms. If they conflict with these Terms on a subject they specifically address, the more specific document controls for that subject:

• the Privacy Policy (/legal/privacy), which explains how we collect, use and share personal information;
• the Cookie Policy (/legal/cookies) and Your Privacy Choices (/legal/choices);
• the Listing & Advertising Standards (/legal/advertising), which apply to anyone who publishes or promotes content;
• the Copyright & DMCA Policy (/legal/copyright);
• the Fair Housing Policy (/legal/fairhousing) and the Accessibility Statement (/legal/accessibility);
• the Refunds, Cancellation & Auto-Renewal Policy (/legal/refunds); and
• for real estate professionals who create a professional account or buy a plan, boost or other paid feature, the Professional Terms (/legal/professionals).

3. What Addresswell is, and what it is not

Addresswell is an online marketplace and advertising platform. It lets licensed real estate professionals publish property listings and professional profiles, and lets consumers search those listings, save and compare properties, share collections, and contact the professional responsible for a listing.

Addresswell is not a real estate broker, agent, lender, mortgage broker, appraiser, home inspector, surveyor, title or escrow company, insurance agent, attorney or tax adviser, and nothing on the Services is an offer to buy, sell, lease, finance or insure any property. We do not represent buyers, sellers, landlords or tenants; we are not a party to any agreement between you and a professional or between buyers and sellers; and we do not negotiate, broker, inspect, verify title to, or guarantee any transaction or property.

Listings, prices, availability, descriptions, photographs, documents and professional profiles are supplied by the professionals and organizations that publish them, not by Addresswell. Their appearance on the Services is not an endorsement, recommendation or guarantee by us. You are responsible for choosing the professionals you work with and for confirming every fact that matters to you before relying on it.

4. How Addresswell makes money

Addresswell is free for people looking for property. We earn revenue from real estate professionals who pay for monthly plans to publish listings and use workspace tools, for extra listing slots added to those plans, for featured boosts that place listings in labelled “Sponsored” positions, and for ZIP code profile boosts in the agent directory. We do not charge consumers to contact professionals, we do not sell consumer inquiries or personal information, we do not receive referral fees or any share of commissions, and payment does not change a listing’s facts, review or license badge.

5. Accounts and security

Many features require an account. You agree to provide accurate, current and complete information, to keep it up to date, and to create only one account per email address. Buyer/seller accounts are free. Professional accounts are for licensed real estate professionals and are also governed by the Professional Terms.

You may sign in with an email address and password or, where offered, with a Google account. If you use Google, Google’s terms and privacy policy also apply to that sign-in, and we receive the profile information Google shares with us as described in the Privacy Policy.

You are responsible for keeping your sign-in credentials confidential and for all activity under your account. Do not share your password or let anyone else use your account. Tell us immediately at support@addresswell.co if you believe your account has been accessed without permission. We may require you to verify your email address, reset your password, or complete a security check before you can continue to use your account.

We may refuse, suspend or remove an account, a username or a profile name that impersonates someone, misleads users, infringes rights or violates these Terms.

6. Your permission to use the services

Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable license to access and use the Services for their intended purpose: if you are a consumer, to look for property for yourself or for people you know; if you are a professional, as described in the Professional Terms. All rights not expressly granted are reserved by Addresswell and its licensors.

7. Prohibited uses

You agree not to do, attempt, or help anyone else do any of the following:

• use the Services in violation of any law or regulation, including fair housing, consumer protection, privacy, anti-spam, telemarketing and real estate licensing laws;
• access, copy, scrape, crawl, index, harvest or collect listings, photographs, profiles, contact details, prices or any other content or data by robot, spider, script, scraper, automated query or any manual process at scale, or use any data from the Services to build, train or improve a database, product, model or service, including any artificial intelligence or machine learning system, without our prior written permission;
• frame, mirror, cache, republish, resell, sublicense or redistribute the Services or any content on them, except for personal sharing features we provide (such as sharing a listing link or a collection);
• bypass, disable or interfere with any security, rate-limit, bot-check (including Cloudflare Turnstile), access control, paywall or usage limit, or access any part of the Services you are not authorized to access;
• decompile, disassemble, reverse engineer or otherwise attempt to discover source code, except to the extent applicable law expressly permits it despite this restriction;
• probe, scan or test the vulnerability of any system or network, except through coordinated disclosure to legal@addresswell.co that avoids harm to users and data;
• upload or transmit viruses, malware or other harmful code, or overload, disrupt or impair the Services or the experience of other users;
• impersonate any person or organization, misstate your identity, license, affiliation or authority, or create accounts by automated means or under false pretenses;
• send spam, chain letters, unsolicited advertising or bulk messages through the Services, or contact other users or professionals for any purpose other than the real estate inquiry the feature was designed for;
• collect, store or use other users’ personal information except as necessary to respond to an inquiry they sent you and as allowed by law;
• post content that is false, misleading, defamatory, obscene, harassing, threatening, hateful, discriminatory, invasive of privacy, or that infringes intellectual property or other rights;
• publish or request content that indicates a preference, limitation or discrimination based on a characteristic protected by fair housing law;
• post fake, paid-for, incentivized-without-disclosure or conflicted reviews, or manipulate ratings, reports, rankings or placement;
• use the Services to advertise property you are not authorized to advertise, or to advertise anything other than real property and related real estate services;
• treat the absence of a technical barrier, or anything in a robots.txt file, as permission to access the Services by automated means;
• use the Services if we have suspended or banned you, or create a new account to avoid an enforcement action; or
• encourage or enable anyone else to do any of the above.

We may investigate violations, cooperate with law enforcement, and take any action we consider appropriate, including removing content, limiting features, suspending or terminating accounts, and pursuing legal remedies.

8. Explicit, hateful and illegal content

Do not upload or post sexually explicit or pornographic material, graphic violence or gore, hate symbols, racial or other slurs, or obscene, harassing or threatening words, images or gestures in anything shown publicly on the Services, including profile photos, listings, documents and reviews. New profile photos are reviewed before they appear publicly. Private messages have their own rules (Messages and conduct, below).

We take this seriously. When we find such content we remove it, and we may permanently close the account responsible without notice or refund and take reasonable steps to stop the same person from opening new accounts.

Where content appears to be illegal, we report it. We report apparent child sexual abuse material to the National Center for Missing & Exploited Children as federal law requires, and we may report threats of violence and other apparently unlawful content to law enforcement. When we report, or when the law requires, we may share the information we have about the account, including names, email addresses, IP addresses, device and connection details and activity records, as described in our Privacy Policy.

9. Messages and conduct

Messages between buyers, sellers and professionals are for real estate. Our rules are about conduct, not opinions. In messages, tour requests and inquiries, do not send:

• sexually explicit messages, images or links;
• threats of violence or harm, or encouragement of violence;
• harassment or intimidation, including repeated unwanted messages, abuse aimed at a person, or slurs directed at someone;
• scams, fraud, phishing or requests for money, gift cards, cryptocurrency or account details that aren’t part of a genuine real estate transaction;
• spam, or solicitations unrelated to the property or the professional’s services;
• discriminatory statements, or refusals to deal, based on a protected characteristic under fair housing laws;
• offers or requests for illegal goods, services or activity; or
• someone else’s private information (such as financial, medical or identity details) without permission.

Anyone signed in to a conversation can report it. A report keeps a copy of the whole conversation, which Addresswell reviews. If we find reason to believe an account broke these rules, we may send it a notice, shown in the account and emailed to the address the account uses; restrict or suspend it; or close it permanently and take reasonable steps to stop the same person from opening new accounts. We may report threats of violence and other apparently unlawful messages to law enforcement, as described in Explicit, hateful and illegal content above. Reports and notices are kept as records of the account.

10. Reports and false reports

Anyone, including visitors who are not signed in, can report a listing with “Report this listing.” Signed-in users can also report a conversation or a review. A report goes only to Addresswell. We keep the report, a copy of what was reported as it was then, and the reporter’s account or, for a visitor, any email address given and a keyed one-way code derived from their connection address, used to stop duplicate and abusive reports. Reports and our decisions are kept as records of the accounts involved, filed in our private storage and sent to our administrator. We do not tell the person or listing team you report who made the report, unless the law or legal process requires it, someone’s safety requires it, or you agree. Formal copyright notices follow the Copyright & DMCA Policy.

Report only what you honestly believe breaks these Terms, our policies or the law. A report does not guarantee any particular action, and our decision about a report is not a legal finding about anyone. Honest reviews, including negative ones, are not reports and are governed by Reviews and ratings.

We take false or misleading reports seriously. Do not make a report you know, or reasonably should know, is false or misleading; do not report to harass, intimidate, embarrass or retaliate against anyone, to harm a competitor or to gain an advantage in a transaction; do not report by automated means or under a false identity; and do not keep reporting the same listing, account, message or review after we have reviewed it and told you it does not violate these Terms, our policies, the federal Fair Housing Act or other laws. If a report appears to have been an honest mistake, we will usually do no more than send the account that made it a notice or warning, shown in the account and emailed to the address the account uses.

Subject to the next paragraph, if we find that an account made a report described above, or keeps making reports that we find, after review, do not involve any violation of these Terms, our policies, the federal Fair Housing Act or any other law, Addresswell, LLC, acting through its owners, employees, contractors and agents, may at its sole discretion and at any time, with or without further notice: send a notice or warning; limit the account’s ability to report, including from its connection; restrict or suspend the account; or permanently ban the person, blocking both their current account and any new account they try to create, including by blocking the email address used. Where practical and lawful, we will tell you why. These steps add to those in Suspension, termination and account closure.

Fair housing and other protected complaints. We will never suspend, restrict, ban, threaten or otherwise retaliate against anyone for reporting in good faith a listing, message, review, account or practice they believe is discriminatory or inaccessible, even if we find it did not violate our policies or the law; for filing a complaint with the U.S. Department of Housing and Urban Development (HUD) or a state or local fair housing agency; for contacting an attorney, a fair housing organization or law enforcement; for testifying, assisting or taking part in an investigation or proceeding; or for encouraging or helping someone else to do any of these. If someone keeps reporting the same possible discrimination after we have reviewed it, we may close the duplicate reports and point them to HUD (https://www.hud.gov/fairhousing) or their state agency, but we will not act against their account unless the reports are knowingly false or made for an improper purpose described above, and raising a fair housing concern is never itself a reason for action. Nothing in these Terms, including the arbitration agreement, limits your right to complain to any government agency.

11. Property information, data sources and estimates

Property information on the Services comes from the professionals who publish it and, for some features, from public and licensed data sources. Listing information may be inaccurate, incomplete, out of date or no longer available. An asking price is not a sale price, an appraisal or a valuation. Measurements, lot sizes, boundaries, taxes, homeowners association dues, utilities, zoning, school assignment, flood risk and other facts may be estimated, approximate or wrong.

Some features display or derive information from public sources, including: school locations from the National Center for Education Statistics; Oklahoma school results from the Oklahoma State Department of Education, used for the Addresswell academic score described at /academic-score; home price trends from the Federal Housing Finance Agency House Price Index; the weekly average mortgage rate from Freddie Mac’s Primary Mortgage Market Survey®; boundaries from the U.S. Census Bureau; ZIP code place names from GeoNames (licensed under Creative Commons Attribution 4.0); nearby places on listings, such as airports, grocery stores, parks and hospitals, from OpenStreetMap (© OpenStreetMap contributors, available under the Open Database License); and links to flood map tools of the Federal Emergency Management Agency. We do not create, verify or warrant that information, and the agencies and providers that publish it do not endorse Addresswell.

Maps and map points are approximate. A map point is not a survey, a legal boundary or permission to enter property. A school shown as nearest is not necessarily the school assigned to an address. Monthly payment estimates, closing-cost figures, price trends and academic scores are informational illustrations that depend on assumptions you can change; they are not loan offers, approvals, quotes, appraisals or advice. Contact a licensed lender, appraiser, inspector, attorney or other qualified professional, and the relevant public authority, before making decisions.

Listings labelled “Sponsored” are advertisements paid for by a professional. A “License verified” badge means an Addresswell administrator matched the professional’s license to a state registry on the date shown; it is not an endorsement, a recommendation or a guarantee of competence, and licenses can change after a review.

12. Contacting professionals and other users

When you send an inquiry, request a tour, start a conversation, request documents or otherwise contact a professional through the Services, we deliver what you submit, including your name, contact details and message, to the professional or organization responsible for the listing or profile. You authorize that professional to contact you about your request by the methods you provided. That professional is independent of Addresswell and responsible for how they handle your information and their own communications; please review their practices.

We do not guarantee that a professional will respond, will be available, or will provide any service. Tour requests are requests, not confirmed appointments. Do not send sensitive information such as government identification numbers, financial account numbers or passwords through the Services.

If you agree to be contacted by phone or text when you send an inquiry or tour request, that permission is for the listing team or professional you contact, about your request, not for Addresswell, and it is never required to buy or rent a property. You can withdraw it at any time by telling the professional (for example, by replying STOP to a text). Addresswell cannot stop a professional’s calls or texts, but you can report unwanted contact to us.

We may review messages and other communications sent through the Services to deliver them, prevent fraud and abuse, enforce these Terms, respond to reports and comply with law, as described in the Privacy Policy.

13. Your safety, wire fraud and meeting people

Addresswell does not run background checks or verify the identity of users, except the license matching shown by a badge on a professional’s profile. You are responsible for your own safety. You attend tours, open houses and meetings arranged through the Services at your own risk; meet in public or bring someone with you when you can, and do not enter a property without the authorization of its owner or listing professional.

Wire fraud is common in real estate. Never send money, deposits or banking details based only on an email, text or message, even one that appears to come from a professional, title company or lender you know. Confirm wiring instructions by calling a phone number you already know to be genuine. Addresswell never asks you to pay for a property, deposit, application or tour. If you suspect fraud, contact your bank immediately, report it to us and to the FBI at https://www.ic3.gov.

14. Saved properties, collections, searches and alerts

Saved properties, notes, collections, comparisons and saved searches are provided for your convenience and may change or be removed if a listing is withdrawn or the feature changes. If you share a collection by link or invite people to it, anyone with the link or invitation can see what you share with them, and invited members can see the collection’s contents and comments according to the role you give them. You are responsible for whom you share with.

Email alerts about saved searches, price changes or new listings are sent only when email delivery is available and you have turned them on. You can change or stop them at any time from your account or the link in each email. Alerts may be delayed, incomplete or interrupted, and you should not rely on them as your only source of information.

15. Content you provide

“Your Content” means anything you submit, post, upload or send through the Services, including listings, descriptions, photographs, floor plans, plat maps, surveys, documents, profile information, reviews, comments, messages, notes and feedback. You keep any ownership rights you have in Your Content.

You grant Addresswell and its affiliates a worldwide, non-exclusive, royalty-free, fully paid, transferable and sublicensable license to host, store, cache, reproduce, adapt (for example by resizing, cropping, compressing, removing metadata or reformatting), translate, display, perform, distribute and otherwise use Your Content in connection with operating, providing, securing, improving and promoting the Services and Addresswell, including in search results, sharing previews, emails, social media, advertising for the Services and printed materials. For public content, this license lasts as long as Your Content is available on the Services and for a reasonable period afterward for backups, records, legal compliance, and promotional materials already created; for private content, it lasts as long as needed to provide the Services to you and those you share with. Professionals grant the additional rights described in the Professional Terms.

You represent and warrant that you own or have all rights, licenses, consents and releases needed to submit Your Content and grant this license; that Your Content is accurate and not misleading; that it complies with these Terms, the Listing & Advertising Standards and the law; and that our use of it as permitted here will not infringe or violate anyone’s rights or cause us to owe anyone payment.

We do not have to host, display or keep Your Content, and we may review, refuse, edit for format, label, move or remove any content at any time, with or without notice, including content we believe violates these Terms or the law or that we receive a complaint about. We are not responsible for content posted by others and do not endorse it.

Addresswell provides an interactive computer service. Listings, profiles, photos, reviews, messages and other content are provided by the users and professionals who submit them. Our review, approval, return or removal of content, the forms, fields and labels we provide, formatting, placement and ranking, and our decisions to keep or remove content are editorial decisions about content provided by others. They do not make us its author or developer, and they do not mean we have verified or adopted it. We may restrict access to or remove content we consider objectionable, whether or not it is constitutionally protected (47 U.S.C. § 230(c)).

16. Reviews and ratings

Reviews must reflect the reviewer’s own, honest, first-hand experience with the professional reviewed. Do not review yourself, a family member, an employer, an employee or a competitor; do not offer or accept anything of value for a review unless that is clearly disclosed and permitted by law; and do not suppress or selectively request reviews to mislead. We moderate reviews, may verify that a review reflects a real client relationship, and may decline, label or remove reviews that we believe violate these rules or the law. We do not alter the meaning of a review. Reviews are the opinions of their authors, not of Addresswell.

17. Feedback

If you send us ideas, suggestions or feedback about the Services, you agree that we may use them for any purpose without restriction or compensation to you, and that they will not be treated as confidential.

18. Third-party services, embeds and links

The Services rely on and link to services provided by others, including Cloudflare (hosting, security and bot checks), Stripe (payments, checkout and billing portal), Google (optional sign-in), Mapbox (maps), Resend (email delivery), and video and virtual-tour providers whose players professionals may embed in listings. Your use of those services is governed by their own terms and privacy policies. Map data and imagery are provided by Mapbox and its data sources, which are credited on the map.

Links to other websites and resources, including government sites, are provided for convenience. We do not control and are not responsible for their content, availability, accuracy or practices, and a link is not an endorsement.

19. Linking to Addresswell

You may link to publicly available pages of the Services, such as a listing or professional profile, as long as the link is not misleading, does not suggest an endorsement or partnership we have not agreed to, and does not appear on a site that contains unlawful or offensive content. You may not frame or embed pages of the Services, or use our logos in a link, without our written permission. We may withdraw permission for any link.

20. Addresswell’s intellectual property

The Services, including their software, design, text, graphics, logos, page layouts, compilations of data, the Addresswell academic score methodology and all other materials provided by us (excluding Your Content and content licensed from others), are owned by Addresswell or its licensors and are protected by copyright, trademark, database and other laws. “Addresswell,” the Addresswell logo and related names and designs are trademarks of Addresswell, LLC. You may not use them without our prior written permission, except to refer to the Services accurately.

Other names and marks shown on the Services belong to their owners. Freddie Mac and Primary Mortgage Market Survey are registered trademarks of the Federal Home Loan Mortgage Corporation, and FHFA House Price Index is a registered trademark of the Federal Housing Finance Agency; their use identifies the source of data and does not mean those organizations endorse or certify Addresswell. Mapbox, Stripe, Google, Cloudflare and other providers named in these Terms are trademarks of their owners.

21. Copyright complaints and repeat infringers

We respect intellectual property rights and respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. See the Copyright & DMCA Policy (/legal/copyright) for how to submit a notice or counter-notice. We terminate, in appropriate circumstances, the accounts of users who repeatedly infringe.

22. Privacy

The Privacy Policy explains how we collect, use, share and protect personal information and the choices and rights you have. By using the Services you acknowledge that we will handle your information as it describes.

23. Electronic communications and notices

You consent to receive communications from us electronically, including by email and through notices on the Services, and agree that electronic communications satisfy any legal requirement that a communication be in writing. Checking a box or clicking a button to agree to something on the Services is your electronic signature and has the same effect as a handwritten signature; you may ask for a copy of what you agreed to at legal@addresswell.co. Transactional messages about your account, security, purchases and requests are part of the Services and cannot be turned off while you have an account; optional product news and alerts can be turned off at any time.

We do not currently send text messages. If we offer text messages in the future, we will ask for your separate consent and explain how to stop them before sending any.

We may send legal notices to the email address on your account. You must send legal notices to us at legal@addresswell.co, and by mail to P.O. Box 43, McLoud, OK 74851, marked “Attention: Legal.”

24. Changes to the services and availability

We may change, add, suspend or discontinue any part of the Services, including features, data sources, prices for future billing periods and the availability of listings, at any time. Some features may be labelled preview or beta and may be less reliable. We do not guarantee that the Services will be available at any particular time or location, uninterrupted, error-free or secure, or that content will be preserved, and we may perform maintenance that interrupts access.

25. Changes to these terms

We may update these Terms from time to time. We will post the updated Terms with a new “Last updated” date and, for material changes, give reasonable advance notice by email or on the Services. Material changes take effect 30 days after we give notice, except changes needed to comply with the law or address a security risk, and changes about new features, which take effect when the notice says; other changes take effect when posted. Changes to the arbitration agreement are governed by the section titled “Dispute resolution, arbitration and class action waiver.” If you continue to use the Services after changes take effect, you accept them. If you do not agree, stop using the Services and close your account.

26. Suspension, termination and account closure

You may stop using the Services at any time and may close your account by emailing support@addresswell.co (or privacy@addresswell.co to ask us to delete your information) from the address on your account. Paid plans are cancelled as described in the Refunds, Cancellation & Auto-Renewal Policy.

Addresswell, LLC, acting through its owners, employees, contractors and agents, may at its sole discretion suspend, restrict, block or permanently ban any account, remove any content, or refuse service to anyone, at any time and with or without notice, including when we believe an account has violated these Terms, any of our policies or the law, created risk or possible legal exposure for us or others, misused our reporting tools as described in Reports and false reports, provided false information or failed to pay, or if we stop offering the Services. We may refuse new accounts from anyone we have banned, including by blocking the email address they used. Where practical and lawful, we will tell you why.

Our decisions about reports and accounts are made under these Terms; they are not legal findings about anyone. If you receive a notice or your account is restricted, you may reply to ask us to reconsider. Reinstating an account does not restore listings, promotions or boost time that ended while it was suspended. We keep records of reports, notices and account actions (such as suspensions and bans), including the reason and any conversation reported. To the fullest extent the law allows, Addresswell, LLC and its owners, employees, contractors and agents are not liable to you or anyone else for suspending, restricting, banning or closing an account, or removing content, under these Terms.

When your account ends, your right to use the Services ends. Sections that by their nature should survive will survive, including those on content licenses already granted, fees owed, intellectual property, disclaimers, limitation of liability, indemnification, release, dispute resolution, governing law and general terms.

27. Disclaimers

THE SERVICES AND ALL CONTENT, LISTINGS, DATA, ESTIMATES, SCORES, MAPS AND TOOLS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, ADDRESSWELL DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

ADDRESSWELL DOES NOT WARRANT THAT ANY LISTING, PRICE, PROPERTY FACT, SCHOOL, FLOOD, TAX, MARKET, RATE OR OTHER INFORMATION IS ACCURATE, COMPLETE OR CURRENT; THAT ANY PROPERTY IS AVAILABLE, AS DESCRIBED OR FIT FOR ANY PURPOSE; THAT ANY PROFESSIONAL IS LICENSED, QUALIFIED, HONEST OR WILL PERFORM; OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF ERRORS OR VIRUSES, OR THAT DEFECTS WILL BE CORRECTED. YOU USE THE SERVICES AND RELY ON ANY CONTENT AT YOUR OWN RISK.

Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

28. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ADDRESSWELL AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA OR OPPORTUNITY, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE SERVICES, ANY CONTENT, ANY PROPERTY OR TRANSACTION, OR ANY CONDUCT OF ANOTHER USER OR PROFESSIONAL, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, ADDRESSWELL’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE AMOUNTS YOU PAID ADDRESSWELL FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

These limitations are an essential part of the agreement between you and Addresswell and apply even if a remedy fails of its essential purpose. They do not limit liability that cannot be limited under applicable law, such as liability for fraud, gross negligence or willful misconduct where the law does not allow it to be limited.

29. Indemnification

To the extent permitted by law, you will defend, indemnify and hold harmless Addresswell and its members, managers, officers, employees, agents, licensors and service providers from and against all claims, demands, losses, liabilities, damages, fines, costs and expenses (including reasonable attorneys’ fees) arising out of or relating to: Your Content; your use or misuse of the Services; your violation of these Terms, the incorporated policies or any law; your violation of anyone’s rights; or any transaction, representation or dispute between you and another user or professional. We may assume the exclusive defense and control of any matter you must indemnify, and you will cooperate with our defense. You may not settle any such matter without our prior written consent.

30. Disputes with other users and professionals

Your dealings with professionals, buyers, sellers, landlords, tenants and other users are solely between you and them. To the fullest extent permitted by law, you release Addresswell and its members, managers, officers, employees and agents from all claims, demands and damages, known and unknown, arising out of or connected with any such dealing or dispute.

If you are a California resident, you waive California Civil Code section 1542, which provides: “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 released party.” Residents of other states waive any similar statute or principle.

31. Dispute resolution, arbitration and class action waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MOST DISPUTES BETWEEN YOU AND ADDRESSWELL TO BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION RATHER THAN IN COURT, AND IT WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

Informal resolution first. Before starting arbitration or a court case, the party with a claim must send the other a written notice describing the claim, the relief sought and the claimant’s name and contact details (notices to us go to legal@addresswell.co). The parties will try in good faith to resolve the dispute informally for 60 days after the notice is received, including, if either party asks, by a telephone or video conference in which you personally participate. Any limitations period is paused during this process.

Agreement to arbitrate. Except as provided below, you and Addresswell agree that any dispute, claim or controversy arising out of or relating to these Terms, the Services, or your relationship with Addresswell, including the validity, scope or enforceability of this arbitration agreement (except the class action waiver, as described below), will be resolved by final and binding arbitration on an individual basis. The Federal Arbitration Act governs this agreement.

Rules and administrator. Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules if you use the Services as a consumer, or its Commercial Arbitration Rules if you use them for a business, as modified by this section. The rules are available at https://www.adr.org. A single arbitrator will decide the dispute. Unless the parties agree otherwise, a hearing will take place by video conference or in the county where you live; claims of $25,000 or less may be decided on written submissions alone if the claimant chooses.

Fees. Payment of filing, administration and arbitrator fees will be governed by the AAA rules. For consumer claims, we will pay any of those fees that exceed the amount you would have paid to file a lawsuit in court, unless the arbitrator finds your claim frivolous or brought for an improper purpose. Each party pays its own attorneys’ fees and costs unless the law or the arbitrator awards them.

Authority of the arbitrator. The arbitrator may award any individual relief that a court could award to an individual, including injunctive or declaratory relief only in favor of the individual claimant and only to the extent necessary to provide relief warranted by that claimant’s individual claim. The arbitrator’s decision will be in writing and may be entered in any court with jurisdiction. Any claim for public injunctive relief will be severed and decided by a court after the arbitration of all individual claims ends.

Exceptions. Either party may bring an individual claim in small claims court if it qualifies and stays there. Either party may bring a lawsuit in court to seek injunctive or other equitable relief for the infringement, misappropriation or misuse of intellectual property, or to stop unauthorized access to or scraping of the Services. Nothing in this section prevents you from filing a complaint with, or taking part in an investigation by, the U.S. Department of Housing and Urban Development, a state or local fair housing agency, the Federal Trade Commission, a state attorney general or any other government agency.

Class action and jury trial waiver. You and Addresswell may bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any representative proceeding. YOU AND ADDRESSWELL WAIVE ANY RIGHT TO A JURY TRIAL. If this class action waiver is found unenforceable as to a claim or request for relief, that claim or request (and only that one) will be severed and decided by a court after all individual arbitrable claims are resolved, and the rest of this section will still apply.

Mass arbitration. If 25 or more substantially similar demands for arbitration are filed against Addresswell or by Addresswell by or with the assistance of the same law firm or coordinated group within 90 days, the demands will be administered in batches of up to 25, with one arbitrator per batch, and the parties will cooperate to resolve the first batch before the next is filed or administered. Limitations periods for later batches are paused while earlier batches proceed. A court with jurisdiction may enforce this paragraph.

Your right to opt out. You may opt out of this arbitration agreement by sending an email to legal@addresswell.co within 30 days after you first accept these Terms, with the subject “Arbitration opt-out” and your name, the email address on your account, and a clear statement that you are opting out. Opting out does not affect any other part of these Terms or any earlier arbitration agreement you made with us.

Changes. If we change this section in a material way, you may reject the change by emailing legal@addresswell.co within 30 days after the change takes effect, in which case the most recent version you accepted will continue to apply to disputes between us.

32. Governing law and venue

These Terms and any dispute between you and Addresswell are governed by the laws of the State of Oklahoma and applicable federal law, without regard to conflict-of-laws principles, except that the Federal Arbitration Act governs the arbitration agreement. For any claim not subject to arbitration, you and Addresswell consent to the exclusive jurisdiction of and venue in the state and federal courts located in Oklahoma County, Oklahoma, and waive any objection based on inconvenient forum. This does not limit any non-waivable right you have as a consumer to bring a claim in the courts where you live.

33. Use within the United States

The Services are intended for people in the United States and for property in the United States and its territories. We make no representation that the Services are appropriate or available elsewhere. You may not use or export the Services in violation of U.S. export control or sanctions laws, and you represent that you are not on any U.S. government list of restricted or prohibited parties.

34. General terms

• Entire agreement. These Terms and the documents they incorporate are the entire agreement between you and Addresswell about the Services and replace any prior agreements on that subject.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign them, including in connection with a merger, acquisition, reorganization or sale of assets, or by operation of law.
• Severability. If any provision is found unenforceable, it will be enforced to the maximum extent permissible and the rest of these Terms will remain in effect.
• No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including outages of hosting, payment, mapping, email or internet providers, natural disasters, epidemics, war, terrorism, labor actions, or government action.
• Relationship. Nothing in these Terms creates a partnership, joint venture, employment, agency, franchise or fiduciary relationship between you and Addresswell.
• No third-party beneficiaries. These Terms do not confer rights on anyone other than you and Addresswell, except for the indemnified and released parties named above.
• Interpretation. Headings are for convenience only. “Including” means “including without limitation.” If we provide a translation, the English version controls.
• Electronic records. A printed or electronic copy of these Terms and of any notice given electronically is admissible in judicial, arbitral and administrative proceedings to the same extent as other business records kept in printed form.
• U.S. Government users. The Services are “commercial computer software” and “commercial computer software documentation” provided with only the rights granted to all users under these Terms.

35. Notice for California users

Under California Civil Code section 1789.3, California users are entitled to the following notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210. Our services for consumers are free unless you buy a paid feature, whose price is shown before purchase.

36. Contact us

Company

Addresswell, LLC

Website

https://www.addresswell.co

Legal notices

legal@addresswell.co

Account help

support@addresswell.co

Mail

P.O. Box 43, McLoud, OK 74851

Addresswell supports equal housing opportunity.