These Terms of Use (this “Agreement”) govern access to and use of the website located at opitzhousingreport.com, together with all associated subdomains, mobile-optimized versions, application programming interfaces, questionnaires, dashboards, automated valuation tools, data reports, and related services made available through that website (collectively, the “Services”), each owned and operated by Opitz Housing Report LLC, an Arizona limited liability company (“Company”, “OHR”, “we”, “us”, or “our”). The website located at opitzhousingreport.com is referred to in this Agreement as the “Site”.
By accessing or using the Site, creating an account, submitting information through any form on the Site, subscribing to a paid tier of the Services, or clicking “I Accept” or a substantially similar acknowledgment where such acceptance mechanism is presented, the person or entity so acting (“User”, “you”, or “your”) agrees to be bound by this Agreement in its entirety, including Company's privacy policy as posted on the Site from time to time (the “Privacy Policy”), which is incorporated into this Agreement by this reference. If you do not agree to this Agreement, you must not access or use the Site or the Services.
1. Description of Services
1.1 General. Company provides real estate data analytics, aggregated market statistics, and automated valuation estimates derived in part from information Company accesses under one or more license or participant agreements with a multiple listing service or services (“MLS”). Company makes certain of these analytics and reports available to the general public at no charge and makes a more comprehensive version available to licensed real estate professionals on a paid subscription basis, as described below.
1.2 Free Tier. Users who access the Site without a paid subscription (“Free Tier”) may view general market key performance indicators, an automated valuation estimate for a given property (“AVM”), and neighborhood- or zip-code-level trend information. Consistent with the restrictions imposed on Company under its public-facing MLS participant agreement, Free Tier content does not include, and Company will not display to Free Tier users, specific property addresses or other individually identifying MLS data beyond what Company's underlying MLS agreement(s) permit Company to publish to the general public.
1.3 Paid Tier. Company makes a subscription tier of the Services (the “Paid Tier”) available exclusively to individuals who hold a current, active real estate license issued by the State of Arizona and who are current, active subscribers in good standing of the Arizona Regional Multiple Listing Service, Inc. (“ARMLS”). The Paid Tier is offered in two subscription levels, Pro and Elite, each of which is available with either monthly or annual billing, as described on the Site's pricing page and in Section 3. Paid Tier subscribers receive access to more comprehensive aggregated MLS-derived analytics than are available on the Free Tier, consistent with Company's separate MLS agreement applicable to licensed professionals; the Paid Tier does not provide, and Company does not intend to provide, a raw or individual-listing-level MLS data feed. Eligibility for the Paid Tier is strictly limited as set forth in Section 2.3 below, and Company reserves the right to verify, and to suspend or terminate access based on, a subscriber's license status at any time.
1.4 Methodology; No Professional Advice. Company publishes a methodology page on the Site describing, at a general level, how its key performance indicators and AVM figures are calculated. Notwithstanding that disclosure, all analytics, valuations, trend data, and other output generated by the Services are estimates for informational purposes only. They are not a licensed real property appraisal, and are not real estate, legal, financial, insurance, tax, or investment advice. Company does not guarantee the accuracy, completeness, or timeliness of any AVM, key performance indicator, or other output, and no User should rely on any such output as the sole basis for a decision to buy, sell, lease, finance, insure, or otherwise transact with respect to real property. Users are encouraged to obtain independent professional advice, including a licensed appraisal, before making any such decision.
2. Eligibility; Accounts; Paid Tier Representations
2.1 Eligibility. You represent that you are at least eighteen (18) years of age and have the legal capacity to enter into this Agreement, and that your use of the Site and the Services complies with all laws applicable to you.
2.2 Account Registration and Credentials. Certain features of the Services require registration of an account. Account credentials, including usernames, passwords, and related authentication information, are collected and held by Company's third-party identity and authentication service provider, and Company does not independently store User passwords. You are solely responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account. Notwithstanding the foregoing, because Company is required to maintain an auditable log of all Paid Tier subscribers for MLS compliance purposes, Company retains administrative access to Paid Tier account and license-status information sufficient to satisfy that obligation, as further described in the Privacy Policy.
2.3 Paid Tier Eligibility; Representations and Warranties. By registering for or using the Paid Tier, you represent and warrant to Company, on a continuing basis for so long as you maintain a Paid Tier subscription, that: (a) you hold a current, active real estate license issued by the Arizona Department of Real Estate (or successor agency) and are a current, active subscriber in good standing of ARMLS; (b) the license number and related credentialing information you provide to Company are true, accurate, and current; (c) you will notify Company in writing within five (5) business days of any suspension, revocation, expiration, or other lapse in the status of that license; and (d) you will use MLS-derived data made available through the Paid Tier only in a manner consistent with your obligations under your own MLS participant or subscriber agreement and applicable law. Company may suspend or terminate Paid Tier access immediately, without liability to you, if Company determines, in its reasonable discretion, that any representation in this Section 2.3 is inaccurate or that your license is no longer active.
3. Payment Terms
3.1 Third-Party Payment Processing. All payments for the Paid Tier are processed by Stripe, Inc. or its affiliates (“Stripe”). Company does not collect, transmit to its own servers, or store payment card numbers or other sensitive payment credentials; that information is collected and held by Stripe subject to Stripe's own terms of service and privacy policy, available at stripe.com. By subscribing to the Paid Tier, you agree to Stripe's applicable terms as a condition of using Stripe's payment functionality.
3.2 Fees; Billing; Cancellation. Subscription fees, billing frequency, and cancellation and refund terms applicable to the Paid Tier are as set forth on the Site's pricing page at the time of subscription. Company reserves the right to change its fees prospectively upon notice as described in Section 11. Paid Tier subscriptions are available on a monthly or annual basis, as selected by the subscriber at checkout. Except where a non-cancelable or non-refundable term is expressly stated on the pricing page or required by applicable law, monthly subscriptions may be canceled at any time effective at the end of the then-current monthly billing period, and fees already paid for the current month are non-refundable. For annual subscriptions paid in advance, cancellation will take effect at the end of the then-current annual term, and, except as required by applicable law or as otherwise expressly stated on the pricing page, prepaid annual fees are non-refundable and no partial or pro-rated refund will be issued for the unused portion of the annual term. If Company terminates a subscription for the reasons described in Section 10.3, Section 10.4 governs the treatment of prepaid, unused fees.
4. User Submissions; Data Aggregation and Use
4.1 Submitted Information. Through the Site's property questionnaire, relocation-interest forms, and similar features, Users may submit information including name, phone number, property address, and property condition details such as roof age and HVAC condition (collectively, “Property Data”). You are solely responsible for the accuracy of Property Data you submit, and Company is not responsible for decisions made in reliance on inaccurate Property Data supplied by Users.
4.2 License Grant to Company. By submitting Property Data, you grant Company a non-exclusive, worldwide, royalty-free, fully paid, sublicensable license to use, reproduce, aggregate, de-identify, analyze, and create derivative statistical works from the Property Data for purposes of operating, improving, and commercializing the Services.
4.3 Aggregation and Disclosure to Third Parties. Company may compile Property Data into aggregated, de-identified data sets that reflect trends by zip code, neighborhood, or similar geography, and may license, share, or sell those aggregated, de-identified data sets to third parties, which may include insurance carriers and other market participants. Company does not sell Property Data in a form that individually identifies you to third parties for those third parties' own marketing or advertising purposes. Additional detail regarding the categories of personal information Company collects, the purposes for that collection, and Users' rights under applicable state privacy laws is set forth in the Privacy Policy, which governs to the extent it addresses data practices not otherwise described in this Section 4. Notwithstanding anything to the contrary in this Section 4, Company's rights to aggregate, license, share, or otherwise use any data that constitutes MLS-licensed data are limited by, and subject at all times to, Company's agreements with ARMLS and any other applicable MLS, and Company does not aggregate MLS-licensed data with other data sources, or license or sell data sets derived from MLS-licensed data, except as permitted under those agreements. In addition, and as further described in the Privacy Policy, Company is required under its agreement with ARMLS to provide ARMLS, on a periodic basis, with a list of the Paid Tier subscribers using the Services, and by subscribing to the Paid Tier you acknowledge and agree that Company will disclose your subscriber and license-status information to ARMLS for that purpose.
4.4 Purpose Limitation. Company will use Property Data, and any other information you submit through the Site, only for the purposes described in this Agreement and the Privacy Policy, and will not use that information for any materially different purpose without providing notice as described in Section 11 or, where required by applicable law, obtaining your consent.
4.5 Data Security. Company maintains reasonable administrative, technical, and physical safeguards designed to protect Property Data and other information Company holds against unauthorized access, use, or disclosure. No method of transmission or storage is completely secure, however, and Company cannot guarantee absolute security. In the event of a breach affecting your information, Company will notify affected Users as and to the extent required by applicable law.
5. Intellectual Property; Restrictions on Use
5.1 Ownership. As between Company and User, all right, title, and interest in and to the Site, the Services, Company's methodology, and all analytics, charts, reports, aggregated data sets, and other content made available through the Services (collectively, “Content”), including all associated trademarks, trade names, trade secrets, know-how, and other intellectual property rights, are and will remain the sole property of Company, whether or not any such right is the subject of a registered copyright, trademark, or patent. Nothing in this Agreement transfers any ownership interest in the Content to User. For the avoidance of doubt, “Content” does not include, and Company does not claim ownership of, the underlying MLS data that Company accesses under license from ARMLS or any other MLS (“Licensed Data”). As between Company and the applicable MLS, all right, title, and interest in and to the Licensed Data, including all copyrights therein, are and remain the property of the applicable MLS, and Company's use of the Licensed Data is governed by its license agreements with that MLS. Company's ownership under this Section 5.1 extends to Company's own methodology, analytics, charts, reports, and aggregated and de-identified data sets, and to other Content originated by Company, but not to the Licensed Data itself.
5.2 License Grant; Permitted Use. Subject to your compliance with this Agreement, Company grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Content solely for your own personal, non-commercial reference (if you are a Free Tier user) or, if you are a Paid Tier subscriber, solely for your own internal professional use in the ordinary course of your practice as a licensed real estate agent (in each case, the “Permitted Use”). You may access and use the Content and the information made available to you through the Services only for the Permitted Use, and for no other purpose. Any use of the Content, the Services, or information Company makes available to you outside the scope of the Permitted Use is outside the license granted in this Section 5.2 and is a material breach of this Agreement.
5.3 Watermarks and Attribution. Charts, reports, and other visual Content made available through the Services bear a Company watermark or other attribution. You may not remove, obscure, crop, or otherwise alter any such watermark or attribution.
5.4 Restricted Uses. Except as expressly permitted for your applicable tier of the Services, you may not: (a) scrape, crawl, or use any automated means to extract Content or Property Data from the Site; (b) reproduce, republish, distribute, publicly display, sell, license, or otherwise commercially exploit any Content, in whole or in part, or any aggregated data set derived from Property Data; (c) use the Content or the Services to build, train, or improve a product or service that competes with the Services; (d) reverse engineer, decompile, or attempt to derive Company's underlying methodology beyond what Company voluntarily publishes on its methodology page; (e) use MLS-derived data made available through the Services in any manner inconsistent with the tier of access granted to you or with applicable MLS rules; or (f) use the Content, the Services, or any information obtained through the Services outside the Permitted Use described in Section 5.2.
5.5 Fair Housing; Non-Discriminatory Use. The Content, including neighborhood- and zip-code-level trend data, is provided for general market analytics purposes only. You may not use the Content, or any aggregated data set licensed from Company, to discriminate against, or to make any housing, lending, insurance, or other decision affecting, any individual or group on the basis of race, color, religion, sex, national origin, familial status, disability, or any other characteristic protected under the federal Fair Housing Act or applicable state or local fair housing, insurance, or anti-discrimination laws, and you may not use the Content in a manner that constitutes or facilitates unlawful redlining or other discriminatory underwriting, pricing, or marketing practice.
5.6 Feedback. If you submit comments, suggestions, or other feedback regarding the Site or the Services, Company may use that feedback for any purpose without obligation or compensation to you.
5.7 Enforcement. Company's Content and Property Data-derived work product constitute valuable trade secrets and proprietary information of Company regardless of whether any copyright, trademark, or patent registration has been obtained. If Company identifies a suspected unauthorized use of the Content, Company may send the responsible party a written notice describing the suspected infringement and requiring that the infringing use be removed or cured within ten (10) business days (or such other period as Company specifies in the notice). If the recipient fails to remove or cure the infringing use, or fails to confirm in writing that it has done so, within that period, Company may pursue any and all remedies available to it at law or in equity, including injunctive relief and damages, without any obligation to first obtain a copyright or other registration.
6. Third-Party Services and Data Sources
6.1 MLS Data. Certain Content is derived from data Company accesses under agreements with one or more MLS organizations. Company does not control, and disclaims all responsibility for, the accuracy, completeness, or timeliness of underlying MLS data, and Company's ability to continue displaying MLS-derived Content depends on the continued existence and terms of Company's MLS agreements, which may change or terminate without notice to Users.
6.2 Other Third-Party Providers. The Services rely on third-party providers, including Stripe for payment processing and a third-party identity provider for account authentication and credential storage. Company is not responsible for the acts, omissions, security practices, availability, or terms of service of these or any other third-party provider, and your use of any third-party service accessed through or in connection with the Site is subject to that provider's own terms and policies.
7. Disclaimers
7.1 “As Is” Basis. THE SITE, THE SERVICES, AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
7.2 No Appraisal or Professional Advice. As set forth in Section 1.4, no AVM figure, key performance indicator, or other analytic output constitutes a licensed appraisal or real estate, legal, financial, tax, or insurance advice.
7.3 No Guaranteed Outcomes. Company does not guarantee any particular outcome from a User's use of the Services, including the quality, accuracy, or conversion of any relocation lead or referral generated through the Site.
7.4 No Brokerage or Agency Relationship. Company provides data analytics tools and is not, by virtue of providing the Services, acting as your real estate broker or agent, and your use of the Services does not create a brokerage, agency, or fiduciary relationship between you and Company or any individual affiliated with Company. Any brokerage or agency relationship you may separately have with a real estate licensee is governed by a separate agreement between you and that licensee, and not by this Agreement.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO COMPANY FOR THE PAID TIER IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Indemnification
You agree to indemnify, defend, and hold harmless Company and its members, managers, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or relating to: (a) your breach of this Agreement; (b) your misuse of the Site or the Services; (c) your violation of any applicable law; (d) any misrepresentation regarding your real estate license status under Section 2.3; or (e) your infringement of any third party's intellectual property or other rights.
10. Term; Suspension; Termination
10.1 Term. This Agreement is effective upon your first access to or use of the Site and continues until terminated as provided in this Section 10.
10.2 Termination by User. You may stop using the Site at any time and, for the Paid Tier, may cancel your subscription in accordance with Section 3.2.
10.3 Suspension and Termination by Company. Company may suspend or terminate your access to the Site or the Services, including the Paid Tier, immediately and without liability, if Company determines, in its reasonable discretion, that you have breached this Agreement, that your Arizona real estate license has lapsed or been suspended or revoked, that your account presents a security or fraud risk, or that your subscription payment has failed.
10.4 Effect of Termination. Upon termination, your right to access the Site and the Services immediately ends. If Company suspends or terminates your Paid Tier access for the reasons described in Section 10.3, Company is not obligated to refund any prepaid, unused subscription fees. Sections 4 through 9 and Sections 11 through 14 will survive any termination of this Agreement.
11. Modifications to This Agreement and the Services
Company may amend or update this Agreement at any time in its sole discretion by posting the revised Agreement on the Site together with an updated effective date. Company is not required to obtain your further affirmative consent to a revised Agreement, and your continued access to or use of the Site or the Services after a revised Agreement is posted constitutes your acceptance of the revised terms. If you do not agree to a revised Agreement, your sole remedy is to discontinue use of the Site and the Services. Company also reserves the right to modify, suspend, or discontinue the Site or any Service, in whole or in part, at any time, with or without notice.
12. Privacy
Company's collection, use, and disclosure of personal information, including information collected through cookies and similar technologies, is governed by the Privacy Policy, which is incorporated into this Agreement by reference. In the event of a conflict between this Agreement and the Privacy Policy solely with respect to the collection, use, or disclosure of personal information, the Privacy Policy controls.
13. Governing Law; Dispute Resolution
13.1 Governing Law. This Agreement is governed by the laws of the State of Arizona, without regard to its conflict-of-laws principles.
13.2 Binding Arbitration. Except as set forth in Section 13.4, you and Company agree that any dispute, claim, or controversy arising out of or relating to this Agreement or your use of the Site or the Services (a “Dispute”) will be resolved exclusively by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (or, if you are a Paid Tier subscriber acting in a business capacity, its Commercial Arbitration Rules), rather than in court. The arbitration will be conducted by a single arbitrator seated in Maricopa County, Arizona, or by videoconference or telephone at the arbitrator's discretion, and will be governed by the Federal Arbitration Act. The arbitrator, and not any court, will have exclusive authority to resolve any dispute regarding the interpretation, applicability, or enforceability of this Section 13, other than the Class Action Waiver in Section 13.3.
13.3 Class Action Waiver. You and Company agree that any Dispute will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding, and the arbitrator may not consolidate more than one person's claims or otherwise preside over any form of a class or representative proceeding. If this Class Action Waiver is found unenforceable as to a particular Dispute or request for relief, that Dispute or request for relief (and only that Dispute or request) will be severed from arbitration and may proceed only in the courts identified in Section 13.4, and the remainder of this Section 13 will otherwise remain in effect.
13.4 Exceptions; Venue for Excepted Claims. Notwithstanding Section 13.2, either party may bring: (a) an individual action in small claims court; (b) an action for injunctive or other equitable relief to protect Company's intellectual property or trade secrets under Section 5; or (c) any claim, or portion of a claim, that applicable law does not permit to be subject to mandatory pre-dispute arbitration or a class action waiver, including, to the extent required by applicable law, a request for public injunctive relief. Any action described in this Section 13.4 will be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and the parties consent to personal jurisdiction and venue there.
13.5 Right to Opt Out. You may opt out of the arbitration provision and Class Action Waiver in this Section 13 by sending written notice to bradley@opitzhousingreport.com within thirty (30) days of the date you first agree to this Agreement, stating your name and a clear statement that you wish to opt out of arbitration. If you timely opt out, neither you nor Company will be required to arbitrate Disputes with the other, and the venue provision in Section 13.4 will govern all Disputes between you and Company.
13.6 Severability of Arbitration Provision. Other than the Class Action Waiver in Section 13.3, if any part of this Section 13 is found unenforceable, the remainder of this Section 13 will remain in full force and effect. If the Class Action Waiver is found unenforceable in its entirety as to a given Dispute, the arbitration requirement in Section 13.2 will not apply to that Dispute, and that Dispute will proceed in the courts identified in Section 13.4.
14. Miscellaneous
14.1 Entire Agreement. This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and Company regarding your use of the Site and the Services and supersedes all prior or contemporaneous understandings regarding that subject matter.
14.2 Severability. If any provision of this Agreement is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.
14.3 No Waiver. Company's failure to enforce any provision of this Agreement is not a waiver of its right to do so later.
14.4 Assignment. Company may assign this Agreement, in whole or in part, without your consent, including in connection with a merger, acquisition, or sale of assets. You may not assign this Agreement without Company's prior written consent.
14.5 Force Majeure. Company is not liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, internet or utility disruptions, or failures of third-party service providers referenced in Section 6.
14.6 Electronic Acceptance. Your affirmative click-to-accept action, or other affirmative acknowledgment mechanism presented on the Site, constitutes a valid electronic signature and acceptance of this Agreement to the fullest extent permitted under applicable electronic transactions law.
14.7 Notices; Contact Information. Notices to Company under this Agreement should be sent to bradley@opitzhousingreport.com. Questions regarding this Agreement may be directed to Company at that same address.