Last Updated: March 07, 2025
These terms of service govern your use of the
Mogul Deal Evaluator website. By using the website, you agree to be bound by the terms of service contained herein.
If you do not agree to the terms of service, please cease using the website.
1. LICENSE GRANT
This website is licensed, and not sold, to you by Us for use strictly in accordance with the terms of service of this License and any usage rules or terms of service established by any other third parties. We grant you a revocable, non-exclusive, non-transferable, limited right to use the website on the devices owned and controlled by you, and to access and use the website on such devices strictly in accordance with the terms of service of this License.
2. RESTRICTIONS ON USE
You shall use the website strictly in accordance with this terms of service and shall not (i) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the website; (ii) make any modifications, adaptations, improvements, enhancements, translations or derivative work from this website; (iii) violate any applicable laws, rules or regulations in connection with your access or use of the website; (iv) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Us or Our affiliates, partners, suppliers or the licensors of the website; (v) use the website for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (vi) use the website for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, products or software offered by Us; (vii) use the website to send automated queries to any website or to send any unsolicited commercial e-mail; or (viii) use any proprietary information, interfaces or intellectual property obtained from Us in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the website.
3. SUBSCRIPTIONS AND BILLING
3.1 Subscription Service
Access to certain features and services provided by the website requires an active, recurring, auto-renewing, paid subscription ("Subscription"). We reserve the right to (i) modify the features and services included in each Subscription; (ii) modify the recurring cost of each Subscription; and (iii) terminate any Subscription at any time, at Our sole discretion and without prior warning or notice.
3.2 Payment Authorization
Your provision of a payment source to Us or to third party service(s) engaged by Us for the processing of payments ("Payment Processors") and your activation of a Subscription shall act as your payment instruction and your authorization for Us or Our Payment Processors to charge against that payment source, on a recurring, going-forward basis, all applicable fees for the next Subscription period, until such time as you cancel your Subscription or your Subscription is terminated by Us. You also authorize Us and Our Payment Processors to credit your payment source if any payments will be returned to you.
3.3 Subscription Termination
All Subscriptions shall be auto-renewing in nature and will continue to be billed for additional monthly or yearly billing cycles on their renewal date ("Renewal Date"), until terminated by you or by Us. The Renewal Date is the date of your first successful payment for a Subscription. You may cancel or modify your Subscription at any time by (i) accessing your account settings for Subscriptions activated using our website; or (ii) by contacting us. Any cancellations or changes made less than 24 hours prior to the Subscription Renewal Date will not be placed into effect until the next Renewal Date.
3.4 Payment Processing
You must have sufficient available funds in your payment account on the Renewal Date. If your payment account has insufficient funds, the payment may not be completed or your payment account may become overdrawn, in which case We shall have no liability for any fees, charges, or other penalties imposed by third parties. We reserve the right to terminate any Subscription for which an amount is due but is unpaid.
3.5 Payment Refunds
All Subscription charges shall be final, and We shall not make any refunds of past charges, unless We deem so appropriate, at Our sole discretion. You may submit written requests for charge refunds with a detailed explanation as to the reason for your request.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 Rights to the Website
You acknowledge and agree that the website and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, Our property. Furthermore, you acknowledge and agree that the source and object code of the website and the format, directories, queries, algorithms, structure, and organization of the website are the intellectual property and proprietary and confidential information owned by Us and Our affiliates, licensors, and suppliers. Except as expressly stated in this License, you are not granted any intellectual property rights in or to the website by implication, estoppel or other legal theory, and all rights in and to the website not expressly granted in this License are hereby reserved and retained by Us.
4.2 Third Party Software
The website may utilize or include third party software that is subject to open source or third-party license terms ("Third Party Software"). You acknowledge and agree that your right to use such Third-Party Software as part of the website is subject to and governed by the terms of service of the open source or third-party license applicable to such Third-Party Software, including, without limitation, any applicable acknowledgments, license terms and disclaimers contained therein.
4.3 Our Marks
You are not authorized to use Our trademarks in any advertising, publicity or in any other commercial manner without Our prior written consent, which may be withheld for any or no reason.
5. USE OF INFORMATION
5.1 Consent to Use Information
You hereby authorize and consent to the collection, storage, and use, by Us and Our affiliates, partners, and agents, of any information and data related to or derived from your use of the website, and any information or data that you provide to Us and Our affiliates, partners, and licensors ("Information"). Furthermore, you consent to receive communication i.e., emails, text messages and/or phone calls from us at any given time.
SMS Disclosure: By providing your phone number, you consent to receive SMS/text messages from us. Message frequency may vary. Message and data rates may apply. You can opt-out of receiving SMS/text messages from us at any time by replying "STOP" to any message we send.
5.2 Privacy Policy
You represent that you shall comply with the terms of Our Privacy Policy, which sets forth and describes Our practices with respect to the collection, use and disclosure of Information in connection with your use of the Website. We reserve the right to change the provisions of Our Privacy Policy at any time and from time to time at Our sole discretion. Your use of the Website following the posting of such changes to the Privacy Policy will constitute your acceptance of any such changes.
6. THIRD PARTY CONTENT AND SERVICES
6.1 General
You acknowledge that the website permits access to products, services, websites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content partners, marketing agents, vendors and other third parties ("Third Party Content and Services").
6.2 Disclaimer
You acknowledge that We do not investigate, monitor, represent or endorse the Third-Party Content and Services (including any third-party websites). Furthermore, your access to and use of the Third-Party Content and Services is at your sole discretion and risk and We and Our affiliates, partners, suppliers, and licensors shall have no liability to you arising out of or in connection with your access to and use of the Third-Party Content and Services. We hereby disclaim any representation, warranty or guaranty regarding the Third-Party Content and Services, whether express, implied, or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guaranty regarding the availability, quality, reliability, features, appropriates, accuracy, completeness, or legality of the Third-Party Content and Services.
7. TERM AND TERMINATION
These terms of service shall be effective until terminated. We may, in Our sole and absolute discretion, at any time and for any or no reason, suspend or terminate these terms of service and the rights afforded to you hereunder with or without prior notice. Upon the termination, you shall cease all use of the website.
8. DISCLAIMER OF WARRANTIES
8.1 You acknowledge and agree that the Website is provided on an "as is" and "as available" basis, and that your use of or reliance upon the Website and any Third-Party Content and Services accessed thereby is at your sole risk and discretion. We and Our affiliates, partners, suppliers, and licensors hereby disclaim any and all representations, warranties and guaranties regarding the Website and Third-Party Content and Services, whether express, implied or statutory, and including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
8.2 No advice or information including real estate property analysis, whether oral or written, obtained by you from Us or from the Website shall create any representation, warranty, or guaranty. Furthermore, you acknowledge that We have no obligation to correct any errors or otherwise support or maintain the Website. We do not intend to provide any legal, financial or investment advice. You are required to exercise caution and use personal assessment and judgment when investing in real estate property.
8.3 The Website may contain or deliver information on the current or prospective financial condition of real estate properties, but We caution that there are various important factors, including, without limitation, legislative and regulatory initiatives, political and economic conditions and developments, financial and real estate market conditions, the ability/inability to obtain financing, and interest rates and interest rate changes, that could cause actual results to differ materially from those indicated in the information delivered via the use of the Website. Accordingly, there can be no assurance that such indicated results will be realized. The Website also provides information based upon the input of data by the user and the Website does not provide for verification of due diligence regarding the information submitted by the user. Accordingly, there can be no assurance that such user provided information is accurate or that the indicated results based upon user input will be realized.
9. LIMITATION OF LIABILITY
Under no circumstances shall We or Our affiliates, partners, suppliers or licensors be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your access or use or inability to or use the Website and any Third Party Content and Services, including, without limitation, damages incurred by relying upon the Website when making real estate purchasing or investment decisions, whether or not the damages were foreseeable and whether or not We were advised of the possibility of such damages. Without limiting the generality of the foregoing, Our aggregate liability to you (whether under contract, tort, statute or otherwise) shall not exceed the amount of five hundred dollars (0.00). The foregoing limitations will apply even if the above stated remedy fails to its essential purpose.
10. INDEMNIFICATION
You shall indemnify, defend and hold harmless Us and Our affiliates, partners, suppliers and licensors, and each of Our and their respective officers, directors, agents and employees from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) your access to or use of the Website or Third Party Content and Services; (ii) your breach of these terms of service; (iii) your violation of law; (iv) your negligence or willful misconduct; or (v) your violation of the rights of a third party, including the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of the terms of service.
11. MISCELLANEOUS
11.1 Severability
If any provision of these terms of service is held to be invalid or unenforceable with respect to a party, the remainder of these terms of service, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of these terms of service shall be valid and enforceable to the fullest extent permitted by law.
11.2 Waiver
Except as provided herein, the failure to exercise a right or require performance of an obligation under these terms of service shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver or a breach constitute waiver of any subsequent breach.
11.3 Modification or Amendment
We may modify or amend these terms of service by posting a copy of the modified or amended terms of service on this page. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the website following the date in which the modified or amended terms of service is posted on this page.
12. PROPERTY FINDER AND OWNER INFORMATION SERVICES
12.1 Property Finder Services
The Website provides property finder services which include access to property details, financial history, ownership information, and skip trace options to allow users to find contact information about property owners such as mailing addresses, phone numbers, and emails ("Owner Information"). This information is provided solely for legitimate real estate investment and business purposes.
12.2 Permitted Uses of Owner Information
You may use Owner Information obtained through the Website only for: (i) evaluating potential real estate investment opportunities; (ii) conducting due diligence on properties; (iii) contacting property owners regarding legitimate real estate transactions; and (iv) other lawful business purposes directly related to real estate transactions.
12.3 Prohibited Uses of Owner Information
You shall not use Owner Information for: (i) harassment or unsolicited marketing beyond what is permitted by applicable laws; (ii) any illegal purpose; (iii) discrimination in violation of fair housing laws; (iv) creating contact or marketing lists for sale or distribution to third parties; (v) spamming or mass unsolicited communications; or (vi) any purpose not directly related to legitimate real estate transactions.
12.4 Compliance with Privacy Laws and Communication Regulations
You agree to comply with all applicable privacy, data protection, and telemarketing laws, including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, Fair Credit Reporting Act (FCRA), and applicable state privacy laws when using Owner Information.
You specifically agree to check and comply with the National Do Not Call (DNC) Registry rules and restrictions before making any telemarketing calls to phone numbers obtained through the Website. This includes, but is not limited to:
- Checking all telephone numbers against the National DNC Registry before making calls
- Honoring all DNC requests made directly to you
- Maintaining your own internal DNC list
- Refraining from calling numbers on the DNC Registry unless you have an established business relationship with the property owner or other exemption applies
- Complying with all calling time restrictions (calls only permitted between 8 a.m. and 9 p.m. local time)
- Identifying yourself and your company at the beginning of each call
- Maintaining records of DNC compliance for at least five years
You acknowledge that certain Owner Information may be subject to restrictions on use and disclosure under these laws and regulations.
12.5 Owner Information Disclaimer
WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR CURRENCY OF ANY OWNER INFORMATION PROVIDED THROUGH THE WEBSITE. Owner Information is compiled from various public and private sources which may contain errors or omissions. You are responsible for verifying the accuracy of any Owner Information before taking action based on such information.
13. GOVERNING LAW AND DISPUTE RESOLUTION
13.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law.
13.2 Arbitration Agreement
Any dispute, controversy, or claim arising out of or relating to these Terms, including the formation, interpretation, breach, or termination thereof, including whether the claims asserted are arbitrable, shall be referred to and finally determined by arbitration in accordance with the American Arbitration Association Rules. The tribunal shall consist of one arbitrator. The place of arbitration shall be Wilmington, Delaware. The language to be used in the arbitral proceedings shall be English. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
13.3 Class Action Waiver
YOU AND
Mogul Deal Evaluator AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and
Mogul Deal Evaluator agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
13.4 Time Limitation on Claims
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
14. DATA SECURITY AND BREACH NOTIFICATION
14.1 Security Measures
We implement reasonable security measures to protect your personal information from unauthorized access, destruction, use, modification, or disclosure. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
14.2 Data Breach Notification
In the event that personal information is compromised as a result of a breach of security, we will promptly notify you in accordance with applicable law.
15. USER REPRESENTATIONS AND WARRANTIES
15.1 User Representations
You represent and warrant that: (i) you have the legal capacity and authority to enter into these Terms; (ii) you are at least eighteen (18) years old; (iii) you will not use the Website for any purpose that is unlawful or prohibited by these Terms; (iv) any information you provide to us is true, correct, and complete; and (v) your use of the Website does not violate any applicable law or regulation.
15.2 Real Estate Investment Acknowledgment
You acknowledge and understand that real estate investments involve substantial risk and that results are not guaranteed. Past performance is not indicative of future results, and the Website cannot provide assurance of investment returns. You agree to consult with appropriate legal, financial, tax, accounting, and other professionals for specific advice tailored to your situation.
16. PROPERTY ANALYSIS DISCLAIMER
16.1 Analysis Limitations
The property analysis, evaluations, and estimates provided by the Website are based on the information input by you and publicly available data, which may be incomplete or inaccurate. The analysis is provided solely as a tool to assist in your decision-making process and should not be relied upon as the sole basis for making investment or purchase decisions.
16.2 No Guarantee of Accuracy
WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, OR CURRENCY OF ANY PROPERTY ANALYSIS PROVIDED THROUGH THE WEBSITE. Real estate valuations are opinions only and may vary significantly from actual market values. All valuations and analyses should be independently verified before making any financial decisions.
16.3 Market Fluctuations
Real estate markets are subject to fluctuations due to various factors including, but not limited to, economic conditions, interest rates, property tax assessments, and local market dynamics. The Website's analyses do not account for all possible variables affecting property values and investment returns.
17. API AND DEVELOPER TERMS
17.1 API License
If we provide you with access to our application programming interface ("API"), we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license to use the API solely for the purpose of developing, testing, and supporting an authorized integration of your services with the Website.
17.2 API Restrictions
You shall not: (i) use the API in a manner that exceeds reasonable request volume or constitutes excessive or abusive usage; (ii) use the API for any purpose that violates applicable law; (iii) use the API in a manner that negatively impacts the stability of our servers or other users' access to the Website; or (iv) sell, lease, or sublicense the API or access thereto.
18. FORCE MAJEURE
Neither party shall be liable for any failure or delay in performance under these Terms (other than for delay in the payment of money due and payable hereunder) for causes beyond that party's reasonable control and occurring without that party's fault or negligence, including, but not limited to, acts of God, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the Internet, any Internet service provider, telecommunications or hosting facility. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
19. GEOGRAPHIC RESTRICTIONS
The Website is controlled and operated from the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. We make no representation that the Website or any of its content is accessible or appropriate outside of the United States.
20. SURVIVAL
All provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
21. FEEDBACK AND SUGGESTIONS
Any feedback, comments, ideas, improvements, or suggestions (collectively, "Suggestions") provided by you to us with respect to the Website shall remain our sole and exclusive property. We shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
22. COMPLIANCE WITH LAWS
22.1 General Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Website and your listing, purchase, solicitation, or sale of real estate properties.
22.2 Communication and Marketing Regulations
You are solely responsible for ensuring that your use of information obtained through the Website complies with all applicable telemarketing, direct marketing, and communication regulations, including but not limited to:
- The National Do Not Call Registry rules and requirements
- State-specific do-not-call regulations
- Federal and state telemarketing sales rules
- The Telephone Consumer Protection Act (TCPA)
- The CAN-SPAM Act for email communications
- Federal and state text messaging regulations
- Fair Debt Collection Practices Act (if applicable)
- FCC and FTC regulations regarding solicitation
- Real estate specific solicitation regulations
- Any industry-specific communication restrictions
22.3 Penalties and Liability
You acknowledge that violations of communication regulations may result in significant penalties, including but not limited to fines up to $43,792 per violation for National Do Not Call Registry violations. You agree that you are solely responsible for any penalties, fines, or legal liability that may arise from your use of information obtained through the Website.