Terms of service

1. Who we are

Real Estate Data, Wholesale ("we", "us") operates Real Estate Data, Wholesale, a software service for analysing Minnesota real property and managing real estate acquisition workflows. By creating an account you agree to these terms.

2. Eligibility

You must be 18 or older and able to enter a binding contract. If you use the service for an organisation, you confirm you can bind it.

3. Your account

Keep your credentials secure. You are responsible for activity under your account. Tell us promptly at kissyboard@gmail.com if you believe it has been compromised.

4. What this service is — and what it is not

The service provides estimates, public records, and workflow tools. That is all it is.

We are not:

• A real estate brokerage. We do not list property, represent buyers or sellers, negotiate on anyone's behalf, or earn commissions. We are not licensed under Minn. Stat. ch. 82 and do not act as a broker, salesperson, or closing agent.
• A law firm. Nothing here is legal advice. Documents the service generates are filled from fixed templates and are not a substitute for a licensed Minnesota attorney.
• An appraiser. Valuations are automated estimates from public data. They are not appraisals, are not prepared by a licensed appraiser, and must not be represented as appraisals to anyone.
• A lender, escrow agent, or title company. We never hold, transmit, or disburse funds.
• A consumer reporting agency under the FCRA. See §9.

5. Accuracy — read this one

Property data comes from government sources and third-party vendors. It is frequently incomplete and sometimes wrong. Estimated values, repair costs, maximum offers and deal grades are model output, not facts.

You must verify independently before you rely on anything here to make an offer, sign a contract, or spend money. We do not warrant accuracy, completeness, or fitness for any purpose.

Compliance information — point-of-sale rules, statutes, ordinances — is provided for general information, changes without notice, and is not legal advice.

6. Your obligations

You are solely responsible for the legality of your own transactions. Specifically, you agree that:

1. You will comply with Minn. Stat. ch. 82. You will not use the service to act as an unlicensed real estate broker. You understand the distinction between assigning your own equitable interest as a principal and acting "for another and for commission" under § 82.55 subd. 19(a), and that the distinction is yours to maintain.
2. You will not market property you do not control. You will not use the service to advertise or solicit offers on property you have not put under a signed purchase agreement.
3. You will comply with Minn. Stat. ch. 325N when dealing with owners in or near foreclosure — including its written-contract, notice, and cancellation requirements — and you will not represent that you can stop or postpone a foreclosure.
4. You will comply with all outreach law, including the TCPA, the Telemarketing Sales Rule, the national Do Not Call registry, Minn. Stat. § 325E.27 (prerecorded and synthesized voice), and § 325E.30 (no solicitation before 9:00 a.m. or after 9:00 p.m.).
5. You will make required disclosures to sellers and buyers, including all disclosures Minnesota and federal law require.
6. You will have a licensed Minnesota attorney review any document you use in a transaction.
7. You will not misrepresent our estimates as appraisals, or yourself as our agent.

We may suspend or terminate an account we reasonably believe is being used unlawfully.

7. Credits and payment

Subscription fees are billed in advance and are non-refundable except where required by law. Credits are prepaid units for metered actions, are consumed as described in the product, and expire 12 months after purchase. Credits have no cash value and are not transferable.

Failed skip-trace lookups are refunded automatically as credits. Our credit ledger is the authoritative record of your balance.

You may cancel at any time, effective at the end of the current billing period.

8. Acceptable use

You will not: scrape, resell, or redistribute bulk data from the service; reverse engineer it; share your account; use it to harass anyone; upload unlawful content; or use it to build a competing product.

9. Data restrictions — FCRA, GLBA, DPPA

Contact data obtained through the service may NEVER be used, in whole or in part, as a factor in establishing eligibility for credit, insurance, employment, housing or tenant screening, or any other purpose covered by the Fair Credit Reporting Act.

We are not a consumer reporting agency and the data is not a consumer report. You agree to use it only for the permissible business purpose you certified: contacting property owners about acquiring real property.

You will not obtain information by pretext or misrepresentation (GLBA), and you will not seek motor vehicle record data through the service (DPPA).

Violating this section terminates your account immediately and may expose you to statutory damages.

10. Intellectual property

We own the service, its software and its design. Public records are not ours. You own the deal data you enter, and you grant us the licence needed to operate the service. Corrections you make to property characteristics may be retained in aggregate to improve the service.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY ESTIMATE, DATA POINT, OR COMPLIANCE FLAG IS ACCURATE OR CURRENT.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DEALS, OR LOST DATA, ARISING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIM IS LIMITED TO THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE.

13. Indemnity

You will indemnify and hold us harmless from claims arising out of your transactions, your outreach, your use of generated documents, or your breach of these terms — including claims by property owners, buyers, or regulators.

14. Changes

We may change these terms. Material changes get 30 days' notice by email or in-product. Continuing to use the service after that means you accept them.

15. Governing law

Minnesota law governs, without regard to conflict-of-law rules. Venue and jurisdiction lie in the state and federal courts of Hennepin County, Minnesota.

16. Contact

Real Estate Data, Wholesale · St Paul, MN 55101 · kissyboard@gmail.com

Questions about this document? Write to us.