LotZoom Terms of Service

Last Updated: January 1, 2025

1. Acceptance of the Terms

Welcome to LotZoom.com ("LotZoom," "we," "us," or "our"). By creating an account or otherwise using any features, services, or applications offered through LotZoom (collectively, the "Service"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms").

If you do not agree to these Terms, please refrain from using the Service. We reserve the right to modify these Terms at any time. Any changes will be effective upon posting the revised Terms on our Site. Your continued use of the Service following the posting of revised Terms constitutes your acceptance of the changes.

2. Additional Agreements

  1. Privacy Policy: Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. By using the Service, you acknowledge that you have read and understand our Privacy Policy.
  2. Opt-In for Sharing Self-Reported Data: Separate from these Terms, you may choose to opt in to share certain non-personally identifiable home-related data ("Self-Reported Data") with LotZoom.com. This consent is entirely optional and governed by a separate opt-in process. If you do not opt in, your Self-Reported Data will remain on LotZoom and will not be shared with LotZoom.com.

3. Eligibility

By registering for an account or using our Service:

  1. You affirm you are at least 18 years of age (or the age of majority in your jurisdiction).
  2. You have the legal capacity to enter into these Terms.
  3. All information you provide is accurate, current, and complete.

4. Account Registration and Security

  1. Account Creation: To access certain features of the Service, you may be required to create an account. You agree to provide truthful and accurate information when creating your account.
  2. Account Security: You are responsible for maintaining the confidentiality of your login credentials and for any activities or actions under your account. Notify us immediately of any suspected unauthorized use of your account.
  3. Account Responsibility: You assume full responsibility for all content and actions that occur under your account, including any Self-Reported Data you submit.

5. Use of the Service

  1. License Grant: Subject to these Terms, LotZoom grants you a personal, non-exclusive, non-transferable, revocable license to access and use the Service for your own internal and non-commercial purposes.
  2. User Conduct: You agree not to:
    1. Use the Service for any unlawful or fraudulent activity.
    2. Submit false, inaccurate, or misleading information, including Self-Reported Data.
    3. Attempt to circumvent security features or degrade the Service's performance.
    4. Modify, reverse-engineer, or create derivative works based on the Service.

6. Self-Reported Data and Content

  1. Definition: "Self-Reported Data" refers to any non-PII home-related information you provide voluntarily on LotZoom, such as DIY projects or maintenance logs.
  2. Ownership: You retain ownership of any Self-Reported Data you upload, subject to the license granted below.
  3. License to LotZoom: By uploading or posting Self-Reported Data on LotZoom, you grant LotZoom a worldwide, non-exclusive, royalty-free license to host, display, process, and otherwise use your Self-Reported Data as necessary to provide the Service.
  4. Optional Sharing with LotZoom.com:
    1. If you opt in separately, certain non-PII Self-Reported Data may be shared with LotZoom.com for inclusion in home reports intended for prospective buyers.
    2. If you do not opt in, your Self-Reported Data remains solely within LotZoom's systems.
  5. Accuracy and Liability: You are solely responsible for the accuracy and legality of any Self-Reported Data you provide. LotZoom and its affiliates (including LotZoom.com) are not liable for any inaccurate, outdated, or fraudulent information you submit.

7. Intellectual Property Rights

  1. LotZoom Content: All text, graphics, logos, and other materials we create and provide as part of the Service ("LotZoom Content") are owned by or licensed to us. Except as expressly permitted, you may not use, reproduce, distribute, or create derivative works of LotZoom Content without our prior written consent.
  2. Trademarks: The LotZoom and LotZoom names and logos are trademarks of their respective owners. Nothing in these Terms grants you a license to use any trademark, service mark, or logo without permission.

8. Third-Party Services and Links

The Service may contain links to third-party websites or services that are not owned or controlled by LotZoom. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge that LotZoom shall not be liable for any damage or loss caused by use of such external sites or services.

9. Disclaimers and Limitation of Liability

  1. Disclaimer of Warranties: To the fullest extent permitted by law, LotZoom provides the Service "as is" and "as available," without warranties of any kind, either express or implied. We do not guarantee the accuracy, reliability, or timeliness of any data, including Self-Reported Data, within the Service.
  2. Limitation of Liability: In no event will LotZoom, its affiliates, or their respective officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use or inability to use the Service.
  3. Release of Liability (LotZoom.com Inclusion): LotZoom is not responsible for any third-party misuse of Self-Reported Data once shared with LotZoom.com (per your opt-in choice). Your relationship with LotZoom.com is governed by any separate terms or agreements with LotZoom.com.

10. Indemnification

You agree to indemnify, defend, and hold harmless LotZoom, its affiliates (including LotZoom.com), and their respective officers, directors, employees, agents, and licensors from and against any and all losses, liabilities, claims, demands, damages, costs, or expenses (including attorneys' fees) arising out of or related to:

  1. Your misuse of the Service or violation of these Terms.
  2. Any data or content (including Self-Reported Data) you submit, post, transmit, or make available through the Service.
  3. Any violation of law or the rights of any third party by you.

11. Termination

  1. By You: You may terminate your account at any time by discontinuing use of the Service and, if applicable, deleting your account in your user settings.
  2. By Us: We reserve the right to suspend or terminate your account or access to the Service at any time, without notice or liability, if we believe you have violated these Terms or engaged in any conduct that we determine is unlawful or harmful.
  3. Effect of Termination: Upon termination, your license to use the Service will immediately cease. Any provisions of these Terms that, by their nature, should survive termination will remain in effect (e.g., disclaimers, limitations of liability, indemnification).

12. Governing Law and Dispute Resolution

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the jurisdiction in which LotZoom is headquartered, without giving effect to any conflict-of-laws principles. Any disputes shall be resolved in the state or federal courts located in Utah, and you consent to the exclusive jurisdiction of such courts.

13. Relationship of the Parties

Nothing in these Terms shall be deemed to create any joint venture, partnership, employment, or agency relationship between you and LotZoom. You agree that you are using the Service as an independent entity and not as an employee, agent, or representative of LotZoom.

14. Entire Agreement

These Terms, along with any separate agreements referenced herein (including our Privacy Policy), constitute the entire agreement between you and LotZoom regarding your use of the Service and supersede any prior or contemporaneous understandings.

15. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

16. Contact Us

If you have any questions or concerns regarding these Terms, please contact us at:

LotZoom
5402 West 5100 South
Hooper, UT 84315
Email: support@lotzoom.com