These Terms of Use (“Terms”) govern your access to and use of oftu.com (the “Site”) and your participation in the early access program for Oftu (the “Service”), both operated by Market Scanner Corp. (“Market Scanner,” “we,” “us” or “our”). By using the Site or requesting early access, you agree to these Terms. If you do not agree, do not use the Site.
1. Who may use the Site
You must be at least 18 years old and able to form a binding contract to use the Site. The Site and Service are intended for business and professional use. If you use them on behalf of a company, you confirm that you are authorized to accept these Terms for that company.
2. Early access
Requesting early access does not guarantee access to the Service. We may accept, decline, delay or limit requests at our discretion. Early access features are pre-release: they may change, contain errors or be discontinued at any time. If we give you access, your use of the Service may be subject to additional terms, which will control if they conflict with these Terms.
3. No investment or professional advice
Oftu produces simulations and estimates, including estimates of how long a property may take to sell at a given price. They rely on models, assumptions and data that may be incomplete or inaccurate, and they are not appraisals, guarantees or predictions of any outcome. Nothing on the Site or in the Service is investment, financial, legal, tax, appraisal or real estate brokerage advice. You are solely responsible for your decisions and should consult qualified professionals before making them. Visualizations on the Site are illustrative and do not describe any specific property.
4. Information you provide
You agree to give accurate information when you request access or contact us, and to keep it up to date. Our Privacy Policy explains how we handle personal information.
5. Acceptable use
You agree not to:
- use the Site in violation of any law or the rights of others;
- access or attempt to access non-public areas, systems or data;
- interfere with, disrupt or place an unreasonable load on the Site;
- scrape, crawl or otherwise collect content or data from the Site by automated means without our written permission;
- copy, modify, reverse engineer or create derivative works of the Site, except as the law allows; or
- submit false information, impersonate anyone or misrepresent your affiliation with anyone.
6. Intellectual property
The Site, the Service and their content, including text, graphics, software and the Oftu name and logo, are owned by Market Scanner or its licensors and protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to view the Site for your internal business purposes. All rights not expressly granted are reserved.
7. Feedback
If you send us ideas, suggestions or other feedback, we may use them for any purpose without obligation to you.
8. Third-party links
The Site may link to websites or services we do not control. We are not responsible for their content, policies or practices.
9. Disclaimers
THE SITE AND SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE.
10. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, MARKET SCANNER AND ITS AFFILIATES, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR INVESTMENT VALUE, ARISING OUT OF OR RELATING TO THE SITE OR THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SITE, THE SERVICE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100).
11. Indemnity
You agree to indemnify and hold harmless Market Scanner from any claims, losses and expenses, including reasonable attorneys’ fees, arising from your misuse of the Site or your violation of these Terms.
12. Changes and termination
We may change the Site or these Terms at any time. If we change these Terms, we will update the “Last updated” date above, and your continued use of the Site means you accept the changes. We may suspend or end your access to the Site or the early access program at any time.
13. Governing law
These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules. Any dispute arising out of or relating to these Terms or the Site will be resolved exclusively in the state or federal courts located in Los Angeles County, California, and you and we consent to their jurisdiction.
14. General
These Terms, together with our Privacy Policy, are the entire agreement between you and us about the Site. If any provision is found unenforceable, the rest will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets.
15. Contact us
Questions about these Terms can be sent to:
Market Scanner Corp.20936 Devonshire Ave, Unit A3
Chatsworth, CA 91311
team@oftu.com