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Terms and Conditions

The rules for using this website, and how they relate to the written agreement that governs any consulting work we do for you.

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These Terms and Conditions (“Terms”) govern your use of WealthTale.com and the content, forms and materials on it (the “site”). The site is operated by [COMPANY LEGAL NAME] (“we”, “us” or “our”). Please read them carefully, together with our Privacy Policy and Disclaimer.

Agreement to these terms

By using the site, you agree to these Terms. If you do not agree, please do not use the site.

You must be at least 18 years old and able to form a binding contract to submit an inquiry or engage our services. If you use the site on behalf of a company or other organization, you confirm that you are authorized to accept these Terms for it.

What we do, and what we don’t

WealthTale.com provides real estate information and consulting. That includes budget and cost analysis, market and pricing research, pre-screening of properties against public records and listing history, shortlists, lease walkthroughs, offer strategy and negotiation planning, relocation research and coordination with the professionals you choose. Our services page describes each one.

We are not:

  • a mortgage lender, mortgage broker or loan originator;
  • a law firm, and we do not give legal advice;
  • an accountant or tax adviser;
  • a licensed or certified appraiser, and our market analysis is not an appraisal;
  • a home inspector, surveyor, title company or escrow agent;
  • a real estate brokerage [CONFIRM: REVISE THIS LINE IF THE COMPANY OR ITS CONSULTANTS HOLD A REAL ESTATE LICENSE IN ANY STATE].

This means we do not represent you in a transaction, negotiate on your behalf, show properties, write or submit offers, list or market property, find tenants or hold deposits or other client funds. Those tasks belong to your own licensed real estate agent or broker, lender, attorney, inspector and title or escrow company. We work alongside them, and the choice of who to hire is always yours.

Consulting engagements

  • Free first consultation. Your first consultation is free. It is an introductory conversation to understand your brief and explain how we might help. It is general in nature and does not create a client relationship.
  • Written engagement agreement. Paid consulting work is provided only under a separate written engagement agreement that sets out the scope, the deliverables and the fee. Fees are agreed in writing before any work begins.
  • Which terms control. If your engagement agreement conflicts with these Terms, the engagement agreement controls for that engagement. These Terms continue to govern your use of the site.

No client relationship from using the site

Browsing the site, using the property search box, submitting a form or emailing us does not make you our client. It does not create an advisory, fiduciary or agency relationship. A client relationship begins only when you and we both sign an engagement agreement.

Until then, please do not send us confidential documents, and do not delay any decision, deadline or contract contingency while you wait for a reply from us.

Property examples and illustrations

Properties shown on the site, including featured homes and rentals with prices, are examples of the kinds of homes we help clients evaluate. Images may be illustrations rather than photographs of real properties.

Nothing on the site is an offer to sell or lease any property, or a statement that a particular property is available, at a particular price or with particular features. Availability, prices and terms must be confirmed with the listing agent, landlord or owner. A property’s condition must be confirmed by a professional inspection, and its title by a title report.

Fees, payments and client funds

The site does not take payments. Any fee for our services is set out in your engagement agreement.

We never hold client funds. Deposits, earnest money and closing funds are paid to a licensed escrow or title company or a closing attorney, never to us, so we will never send you wiring instructions for those funds. If you receive wiring instructions that appear to come from us, do not act on them. Confirm any instructions by calling your title company or closing attorney on a phone number you have checked independently. The Consumer Financial Protection Bureau explains how to spot mortgage closing scams. If you think you have been targeted, contact your bank immediately and report it to the FBI’s Internet Crime Complaint Center.

Your responsibilities and acceptable use

When you use the site or work with us, you agree to:

  • give us accurate information and tell us if it changes;
  • make your own decisions, and check important facts with the appropriate licensed professional before you rely on them;
  • use the site only for lawful purposes.

You agree not to:

  • copy, scrape or harvest content or data from the site by automated means, other than search engines indexing public pages;
  • try to gain unauthorized access to the site or our systems, interfere with how the site works, introduce malicious code or probe for security weaknesses without our written permission;
  • submit false or misleading information, submit someone else’s details without their permission or impersonate anyone;
  • use our forms to send spam, advertising or other unsolicited messages;
  • ask us to include, exclude or steer you toward or away from any property or area based on race, color, religion, sex, disability, familial status, national origin or any other characteristic protected by fair housing laws. We will decline those requests;
  • use the site or our materials to break any law, including fair housing, consumer protection and privacy laws.

We may suspend or block access to the site for anyone who breaches these Terms.

Intellectual property

The site and its content, including text, guides, checklists, graphics, illustrations, logos and design, are owned by or licensed to [COMPANY LEGAL NAME] and are protected by copyright, trademark and other laws.

You may view, download and print pages for your own personal, non-commercial use, as long as you keep any copyright notices. You may not reproduce, republish, sell or create derivative works from site content without our written permission. Short quotations with credit and a link back to the original page are welcome.

The WealthTale name and logo are our trademarks. Please do not use them in a way that suggests we endorse you or your business.

Reports and other deliverables we prepare during an engagement are governed by your engagement agreement. If you send us feedback or suggestions about the site, we may use them without any obligation to you.

The site links to government agencies, industry data sources and other third-party websites for reference. We do not control those sites and are not responsible for their content, accuracy, availability or privacy practices. A link is not an endorsement.

The same applies to any professional we may suggest. They are independent of us, you decide whether to hire them, and their work is governed by your own agreements with them.

Disclaimer of warranties

Content on the site is general information, not financial, investment, legal, tax, lending or appraisal advice. Our Disclaimer explains what you can and cannot rely on.

To the fullest extent permitted by law, the site and its content are provided “as is” and “as available”, without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement and accuracy. We do not promise that the site will be uninterrupted, error-free or free of harmful code, or that its information is complete or current.

Some states do not allow certain warranties to be excluded, so some of these exclusions may not apply to you.

Limitation of liability

To the fullest extent permitted by law, [COMPANY LEGAL NAME] and its owners, employees and contractors will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost savings, lost opportunities or lost data, arising from or related to your use of, or inability to use, the site or its content. This applies even if we were told such damages were possible. For example, we are not liable for a property you did not buy, a price or rate that changed, or a deadline you missed because you relied on general information on the site.

Our total liability for any claim arising from your use of the site is limited to US $100. Our liability for consulting services is governed by your engagement agreement.

Nothing in these Terms limits liability that cannot be limited under applicable law.

Indemnity

You agree to indemnify and hold harmless [COMPANY LEGAL NAME] and its owners, employees and contractors from any claims, losses, liabilities and expenses, including reasonable attorneys’ fees, that arise from your breach of these Terms, your misuse of the site or your violation of any law or anyone else’s rights. In plain terms: if your misuse of the site leads to a claim against us, you are responsible for the cost.

Governing law and disputes

These Terms are governed by the laws of the State of [STATE OF GOVERNING LAW] and applicable US federal law, without regard to conflict-of-law rules.

If you have a concern, please contact us first. Most issues can be resolved quickly, and we ask that you give us 30 days to try to resolve a dispute informally before starting any legal proceeding.

Any lawsuit arising from these Terms or your use of the site must be brought only in the state or federal courts located in [STATE OF GOVERNING LAW], and you and we consent to the personal jurisdiction of those courts. Either of us may instead bring an individual claim in small claims court if it qualifies.

Changes to the site and these Terms

We may change, suspend or discontinue any part of the site at any time. We may also update these Terms. When we do, we will post the new version on this page and change the “Last updated” date at the top. Changes apply from the date they are posted, and continuing to use the site after that means you accept them. Changes to these Terms do not alter a signed engagement agreement unless you agree in writing.

General terms

  • Severability. If any part of these Terms is found unenforceable, that part will be limited or removed to the minimum extent necessary, and the rest remains in effect.
  • No waiver. If we do not enforce a right under these Terms, that does not waive our right to enforce it later.
  • Entire agreement. These Terms, our Privacy Policy and our Disclaimer are the entire agreement between you and us about your use of the site. Our services are governed by your engagement agreement.
  • Assignment. You may not transfer your rights under these Terms. We may transfer ours as part of a reorganization, merger or sale of our business.
  • Headings. Headings are for convenience only and do not affect the meaning of these Terms.

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