1. GENERAL TERMS AND CONDITIONS
1.1 USING OUR SERVICES
1.1.1 GENERAL REQUIREMENTS
By accessing our Services, you agree to abide by all applicable local, state, national, and international laws and regulations in your use of our Services. Our Services are intended only for personal, non-commercial use by U.S. residents aged 18 years and over. If you do not qualify, please immediately discontinue use of our Services. We reserve the right to refuse to provide our Services to anyone at any time.
1.1.2 REGISTERED USERS
We reserve the right to restrict certain of our Services to registered users. In the event that any of our Services requires you to register prior to our granting you access, you agree to provide accurate, current, and complete account information, including but not limited to your name, address, telephone number, home address, and email address, and to update this information as necessary to keep it accurate, current, and complete. You may not sell, transfer, or assign your account with us to anyone else. You are responsible for maintaining the confidentiality of your account name and password, and for all activities that occur while logged in under your account. You agree to notify us immediately at email@example.com of any unauthorized use of your account.
ZZZIPMATCH grants to you a limited, non-exclusive, non-transferable license to access and use our Services in accordance with the terms and conditions set forth in this Agreement. ZZZIPMATCH reserves all right, title and interest not expressly granted under this license to the fullest extent permitted by law. Any use of our Services not specifically permitted under this Agreement is strictly prohibited. You agree not to sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.
1.1.4 COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY
All content and materials available through our Services, including, but not limited to text, images, audio, video, interfaces, information, data, and computer code, are the property of ZZZIPMATCH (collectively, our “Content”). Our Content, including any content licensed to us by third party content providers (the “Providers”), is protected by U.S. and international intellectual property laws and treaties. You are permitted to access our Content only through our Services and you may not copy, modify, sell, reproduce, distribute, republish, display, post, create derivative or collective works from, or transmit in any form our Content, in whole or in part, without our prior written consent, which may be subsequently revoked at our sole discretion. You may not reverse engineer or reverse compile any of our Services or the technology used to operate our Services. Nothing in this Agreement grants you any license or right to use our Content except as expressly stated in this Agreement.
You agree that you will not use our Services in any manner that infringes the rights of any third party. If you believe, in good faith, that any of our Content infringes your copyrights, you may send a notice of infringement (“Notice”) under the Digital Millennium Copyright Act (“DMCA”) by email to firstname.lastname@example.org. To find out what you must include in the Notice, click here to read the DMCA.
1.1.6 OTHER RESTRICTIONS
You agree that you will not use our Services to: (a) impersonate any person or entity or misrepresent your affiliation with any person or entity; (b) engage in spamming, flooding, harvesting of email addresses or other personal information, spidering, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or any other information, including specifically, property listings available through our Services; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the computer code comprising or in any way making up a part of our Services; (d) violate any applicable local, state, national or international law; (e) send chain letters or pyramid schemes via our Services; or (f) attempt to gain unauthorized access to other computer systems through our Services. You agree that you will not use our Services in any manner that could damage, disable, overburden, or impair our Services or interfere with any other party’s use and enjoyment of our Services.
If you submit to us or post through our Services any property listing, testimonial, comment, review, suggestion, or any work of authorship (collectively, a “submission”) including, without limitation, submissions about any of our products or services, such submission will not be confidential or secret, and may be used by us in any manner. Please do not submit or send any submission to us that you consider contains confidential or proprietary information. No submission sent to us will be considered or treated as confidential information. We do not pre-screen submissions and we will have no obligation to read any particular submission submitted or sent to us. By submitting or sending a submission to us, you: (a) represent and warrant that the submission is original to you, that no other party has any rights thereto, and that any moral rights in such submission have been waived, and (b) grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name.
1.2.1 NO WARRANTY
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. ZZZIPMATCH, ON BEHALF OF ITSELF, ITS AFFILIATES, AND THE PROVIDERS, DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE.
1.2.2 ASSUMPTION OF RISK
YOU USE OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES, AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING ANY COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH OUR SERVICES), OR THE LOSS OF DATA THAT MAY RESULT FROM THE USE OF OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES. ADDITIONALLY, YOU VISIT ZZZIPMATCH CUSTOMER’S REAL PROPERTY AND SURROUNDING PREMISES (COLLECTIVELY, THE “PREMISES”) AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ANY AND ALL RISK FOR ANY PROPERTY DAMAGE OR LOSS, OR BODILY, MENTAL, OR PERSONAL INJURY, INCLUDING DEATH, RELATING TO OR ARISING FROM VISITING THE PREMISES.
1.2.3 NOT A LEGAL OR PROFESSIONAL ADVISOR
You acknowledge and agree that ZZZIPMATCH is not engaged in rendering legal, tax or other professional services. If legal, tax or other professional assistance is required, including but not limited to the review of agreements and forms made available to you through our Services, the services of a competent professional should be sought.
1.3 LIMITATION OF LIABILITY
In no event shall ZZZIPMATCH be held liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with your use of our Services or our Content or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure in any way related to our Services or our Content, including but not limited to the inaccuracy of any reports, tools, analyses, agreements, or forms available through our Services or our Content. You agree that neither ZZZIPMATCH, its affiliates, nor any of their respective employees, or agents involved in the creation, production and distribution of our Services or our Content, is liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use or attempted use of our Services or our Content, including but not limited to any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials accessed through our services. Additionally, you agree that ZZZIPMATCH is not liable or responsible for any defamatory, offensive or illegal conduct of third parties. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, NOTHING IN THIS AGREEMENT SHALL AFFECT WARRANTIES OR LEGAL RIGHTS, INCLUDING BUT NOT LIMITED TO RIGHTS TO DAMAGES, WHICH ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless ZZZIPMATCH, its officers, directors, employees, affiliates, agents, and licensors from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or in any way related to (i) any violation or alleged violation by you of the terms and conditions of this Agreement or any applicable law; (ii) your access, use, or misuse of our Services or our Content; and/or (iii) any infringement by you of the copyright or intellectual property rights of any third party. You must not settle any such claim or matter without the prior written consent of ZZZIPMATCH. We reserve the right, at our own expense, to assume the exclusive defense and control of any claim subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.
1.5 GOVERNING LAW
This Agreement will be governed by the laws of the state of WISCONSIN, without regard to its provisions relating to conflict of laws.
Our failure to enforce any of our rights or to act with respect to a breach by you or others of this Agreement does not constitute a waiver of any rights and will not limit our rights with respect to that breach or any subsequent breaches. No waiver by ZZZIPMATCH of any of the provisions in this Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of ZZZIPMATCH. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. We may assign this Agreement, or certain of our rights or obligations under this Agreement, to any party at any time without notice to you. You may not assign your rights or obligations under this Agreement, by operation of law or otherwise, without the prior written consent of ZZZIPMATCH.
1.7 CONSENT TO BE CONTACTED; NOTICES
If you provide, or have provided, a telephone number to us, you expressly agree that we may contact you at that number in order to provide you with informational and service messages, including via text message and/or by using automated telephone technology. Standard message and data rates may apply. You can opt-out of text messages by replying “STOP” to the sender. You represent and warrant that you are the authorized subscriber for the telephone number(s) you have provided. Please be aware that we may record or monitor telephone calls for quality assurance. If you provide, or have provided, an email or mail address to us, you agree that we may provide notices to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately.
2. SPECIFIC TERMS AND CONDITIONS
Certain terms and conditions are specific to certain of our Services. We’ve broken those out below.
2.1 ZZZIPMATCH DOCUMENTS
If you received a ZZZIPMATCH “ZZZIPTIMATE,” THE “ZZZIPMETER,” HOME DETECTIVE, and/or any other document (collectively referred to herein as a “ZZZIPMATCH documents”) from ZZZIPMATCH, that ZZZIPTIMATE was calculated using publicly-available information and ZZZIPMATCH’s proprietary valuation model built by our in-house team of real estate valuation professionals. It typically takes into account hundreds of data sets related to your home and its location. Importantly, the ZZZIPTIMATE is not an appraisal, but only ZZZIPMATCH’S opinion of the most likely range of value for the property address requested. It is merely an indicator for you to consider when accepting an offer to purchase your home (an “ZZZIPMATCH Offer”) or when presenting an offer to purchase as a buyer to a seller.
2.2 SELLING TO A ZZZIPMATCH CUSTOMER
2.2.1 ZZZIPMATCH OFFERS
An ZZZIPMATCH Offer is an offer by a ZZZIPMATCH customer to purchase your home. You will be eligible to receive an ZZZIPMATCH Customer Offer after you provide us with information about your home and (i) you are the owner or legally represent the owner of the home, (ii) the home is in one of our service areas, and (iii) the home meets our parameters, which may change from time to time for a given service area under our sole discretion. A customer, in making an ZZZIPMATCH Offer, is not represented by ZZZIPMATCH, nor is ZZZIPMATCH acting as your representative. ZZZIPMATCH is merely acting as a technology company providing unbiased data and marketing information to both parties. As a seller, you have the right, and it is your responsibility, to independently evaluate and decide whether to accept the ZZZIPMATCH Offer. As a buyer, you have the right, and the responsibility, to independently evaluate and decide whether to submit a ZZZIPMATCH Offer.
2.2.2 NOT AN APPRAISAL
Your ZZZIPTIMATE will be calculated using publicly-available information, our proprietary valuation model, and the information you give us, like your unique home features and upgrades. Importantly, A ZZZIPTIMATE is not an appraisal. It is the ZZZIPMATCH OPINION as to the value range of a property indicating the low end, and the high end of the property’s value. It is up to you to decide first, if the range is accurate. Then you have to decide what price to pay as a buyer or accept as a seller, subject to additional terms, conditions, and fees outlined in the offer.
2.2.3 MEMORANDUM OF UNDERSTANDING
As a home seller, your ZZZIPMATCH Offer and Acceptance will not reflect any charges for ZZZIPMATCH. Your MEMORANDUM OF UNDERSTANDING states that the service fee you agreed to pay will be subtracted from your proceeds by the title company at the transaction closing. There will be additional fees you incur for real estate tax pro-ration, real estate transfer tax to the State of Wisconsin, title insurance, document recording fees, and other miscellaneous fees that may be particular to your real estate transaction .
2.2.4 ACCEPTING AN ZZZIPMATCH OFFER
If you decide to submit or accept a ZZZIPMATCH Offer, you simply sign the document in the space indicated. Once that is executed, the parties will be bound by the terms of the ZZZIPMATCH Sale Contract. In the event of any conflict between parties the provisions in the ZZZIPMATCH Sale Contract shall prevail to the fullest extent permitted by law. When a buyer or seller are unwilling to sign a ZZZIPMATCH Offer, the ZZZIPMATCH Offer terminates. The party may choose to make a new offer back to the other party with different terms. This process can go back and forth until an agreement is reached or one party ceases negotiation, at which point the transaction fails on the then-current contract expiration date. In this event any earnest money will be returned to the party that submitted earnest money to the title company, by the title company..
2.2.5 AFTER YOU’VE SOLD
Please ensure you’ve contacted the U.S. Postal Service to set up address forwarding to your new address effective as of the date you give up occupancy. Also, be sure to update your address anywhere that you regularly order packages from. Once you no longer live in the home to accept packages, The buyer will disclaim all liability for any mail or packages delivered to the property.
2.3 VISITING AN ZZZIPMATCH CUSTOMER HOME
2.3.1 AUTHORIZED ACCESS
By accessing any home displayed by ZZZIPMATCH (an “ZZZIPMATCH Home”), you certify and agree you are entering the home with the express purpose of (1) evaluating the home for potential purchase, or (2) engaged in authorized business with the ZZZIPMATCH customer. You acknowledge that each access request grants up to 1 hour of time in the home, unless you have express permission from ZZZIPMATCH for extended on-site presence. ZZZIPMATCH may revoke permission to access one or more of its homes at any time.
2.3.2 AUTHORIZED ACTIVITIES
By entering an ZZZIPMATCH Home, you acknowledge and agree that you will not, and will not assist or enable others, to:
- breach or circumvent any applicable law, or terms of this Agreement;
- access the home if under the age of 18;
- smoke, vape, consume alcohol, or use any illicit or illegal substances on the Premises;
- abandon, leave behind, dump, or otherwise discard any property including, but not limited to, flyers, pamphlets, marketing or promotional materials, trash, garbage, waste product, or any other type of personal property on the Premises without the express consent of ZZZIPMATCH;
- remove any property from the Premises other than marketing or promotional materials provided by ZZZIPMATCH for such use;
- use any facilities in the home including, but not limited to, pools, showers, and appliances other than for the purpose of examining them in the course of reasonable evaluation for purchasing the home.
- enter the home other than through the front door;
- bring any weapon including, but not limited to guns, knives, blunt-force objects, and projectiles into the home or surrounding yard;
- avoid, bypass, remove, deactivate, impair, or otherwise attempt to circumvent any technological or security measure implemented by ZZZIPMATCH or any other third party to protect ZZZIPMATCH customers homes and their contents and surroundings, Services, customers, and/or visitors; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
If, in accessing an ZZZIPMATCH customer home, whether through an authorized method or not, you provide access to any individuals who have not expressly accepted this Agreement, you accept financial responsibility for their behavior including for any breaches by them of Section 2.3 of this Agreement. By accessing any ZZZIPMATCH customer home, you accept responsibility for any damage you cause to the Premises and, to the fullest extent permitted by law, any bodily, mental, or personal injury, including death, relating to or arising from accessing or visiting the Premises.
2.4 BUYING AN ZZZIPMATCH CUSTOMER HOME
If you contract to purchase a home from a ZZZIPMATCH customer (“Seller”), you (“Buyer”) agree to the following additional terms and conditions regarding your purchase of the home (the “Property”). We may modify this Agreement from time to time, and therefore recommend that you review it at the time the Purchase and Sale Contract (the “Purchase Contract”) governing your purchase of the home is executed. You will be bound by the version of the terms in effect at that time. In the event of any conflict between the Purchase Contract and the terms of this Agreement, the provision in the Purchase Contract shall prevail to the fullest extent permitted by law.
The ZZZIPMATCH customer has provided Buyer with a pre-sale Home Condition report on the Property, and encourages Buyer to purchase the ZZZIPMATCH follow-up Home Detective, or an inspection on the Property by an outside licensed inspector. Accordingly, to the fullest extent permitted by law in the applicable jurisdiction and under the terms of the Purchase Contract: BUYER WAIVES ANY IMPLIED WARRANTY AS TO HABITABILITY AND/OR, ANY IMPLIED WARRANTY AS TO THE WORKMANSHIP OF ANY REPAIRS OR MODIFICATIONS PERFORMED ON THE PROPERTY. BUYER REPRESENTS THAT IT HAS HAD AMPLE OPPORTUNITY TO OBTAIN LEGAL AND OTHER PROFESSIONAL COUNSEL OF ITS CHOOSING, AND THAT IT IS RELYING SOLELY ON ITS OWN INDEPENDENT JUDGMENT AND THAT OF ITS OWN PROFESSIONAL CONSULTANTS, IF ANY, IN ENTERING INTO THE PURCHASE CONTRACT AND PURCHASING THE PROPERTY. This Agreement was created on November 1, 2020. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY ZZZIPMATCH, LLC. ©ZZZIPMATCH, LLC