These Terms of Use (“Terms”) are a binding agreement between you and Whoovia, Inc. (“Whoovia,” “BuyerCount,” “we,” “us,” or “our”) governing your access to and use of MyBuyerCount.com and related BuyerCount services (the “Service”).
PLEASE READ THESE TERMS CAREFULLY. SECTION 18 CONTAINS AN AGREEMENT TO ARBITRATE CERTAIN DISPUTES ON AN INDIVIDUAL BASIS AND A CLASS-ACTION WAIVER, SUBJECT TO THE RIGHTS AND EXCEPTIONS DESCRIBED THERE.
By creating an account, clicking an acceptance control, or otherwise using the Service after these Terms are presented to you, you agree to these Terms. If you do not agree, do not create an account or use features that require agreement to these Terms.
BuyerCount is an informational and analytical service relating to estimated residential real-estate demand. BuyerCount uses proprietary analytical methods and multiple categories of property, market, geographic, historical, public-record, and demand-related information to generate estimates and related analytics.
A BuyerCount is not a literal count of identified BuyerCount users and does not mean that a stated number of people have affirmatively asked to buy, are financially qualified to buy, or will make an offer on a particular property. BuyerCount outputs are estimates and may change as data and market conditions change.
BuyerCount is not an MLS or listing service. The presence of a property in BuyerCount does not mean the property is listed for sale, available, pending, under contract, or otherwise being marketed.
Whoovia is not acting through BuyerCount as your real-estate broker, real-estate agent, mortgage lender, mortgage broker, title company, appraiser, attorney, tax adviser, investment adviser, or financial adviser.
BuyerCount does not, at launch, accept or transmit real-estate offers, negotiate transactions, represent buyers or sellers, receive a transaction-contingent real-estate commission, or determine whether a consumer qualifies for credit or housing.
No BuyerCount output is an appraisal, comparative market analysis, broker price opinion, listing-price recommendation, loan approval, credit score, or guarantee of market value, demand, sale timing, offer likelihood, or transaction outcome.
BuyerCount is a general-audience service. You must be at least 13 years old to create an account. If you are under the age of legal majority where you live, you should use account features with permission from a parent or legal guardian.
You agree to provide accurate account information and keep your login credentials secure. You are responsible for activity under your account to the extent permitted by law. Notify us promptly if you suspect unauthorized account access.
We may require email verification and may suspend or close accounts that are fraudulent, abusive, insecure, or used in violation of these Terms.
Property characteristics and market information may come from public records, government sources, commercial data providers, and other lawful sources. Those records may contain errors, omissions, delays, inconsistent formatting, or outdated information.
You should independently verify property facts, availability, legal status, condition, valuation, taxes, title, financing, zoning, and any other information material to a real-estate decision. BuyerCount should not be the sole basis for a purchase, sale, listing, financing, investment, or other significant decision.
A modeled price shown on a demand curve reflects estimated demand at different price points. It is not an appraisal, a representation of fair market value, or a recommendation that a property should be listed, offered, purchased, or sold at that price.
Estimated cash/financed, owner-occupant/investor, competition, pace, or similar analytics are market-level estimates. They do not identify particular people and should not be treated as verified facts about any individual buyer.
Buyer Strength and similar features are informational tools based primarily on information you choose to provide. BuyerCount does not independently verify the information, pull your credit, access your bank accounts, or provide a lender’s underwriting decision through this feature.
Buyer Strength is not a credit score, preapproval, proof of funds, loan commitment, guarantee of ability to close, or recommendation by a seller, agent, lender, or other third party. It should not be used by another person to make a housing or credit eligibility decision without a separate legal and product review by Whoovia.
BuyerCount is intended to support access to housing information without discrimination. You may not use the Service to discriminate, facilitate unlawful discrimination, steer housing opportunities, or deny or restrict housing-related services based on race, color, national origin, religion, sex, familial status, disability, or any other characteristic protected by applicable federal, state, or local law.
You may not use BuyerCount data or features to create or support unlawful exclusionary housing criteria, discriminatory advertising, or discriminatory targeting.
Subject to these Terms, Whoovia grants you a limited, personal, revocable, non-exclusive, non-transferable license to access and use BuyerCount for lawful personal or internal business purposes consistent with the features we make available.
You may use built-in sharing tools to share individual BuyerCount results for ordinary personal or professional discussion. This license does not permit bulk extraction, resale, syndication, or creation of a competing dataset, service, or model.
You may not, and may not assist another person to:
We may impose rate limits, technical controls, access restrictions, or other measures to protect the Service and our proprietary information.
The Service, BuyerCount methodology, software, interfaces, designs, selection and arrangement of content, analytical outputs, model architecture, transformations, weighting, thresholds, source combinations, and other proprietary elements are owned by or licensed to Whoovia and are protected by intellectual-property, contract, and trade-secret laws.
Except for the limited license in Section 7, no rights are granted to you. “BuyerCount,” related logos, and other Whoovia marks are trademarks or service marks of Whoovia or its licensors.
Information may be factual or originate from third-party sources, and these Terms do not claim ownership over facts that cannot lawfully be owned. Our proprietary rights include the software, organization, transformations, selection, modeling, presentation, and other protectable or confidential aspects of the Service.
You retain any rights you have in information you submit. You grant Whoovia a non-exclusive license to host, process, reproduce, and use that information as reasonably necessary to operate, secure, improve, and provide the Service, comply with law, and carry out your requests, subject to our Privacy Policy.
If you voluntarily provide feedback, suggestions, or ideas about BuyerCount, you grant Whoovia the right to use them without restriction or payment, provided we do not publicly identify you as the source without permission.
If you choose to track properties or request alerts, you authorize us to send the service emails necessary to provide those requested features. You can turn off optional updates or unsubscribe using the controls provided.
We will send marketing messages only in accordance with applicable law and the choices presented to you. Service, security, account, legal, and privacy communications may still be sent when necessary even if you opt out of marketing.
The Service may display or link to information, services, advertisements, or offers from independent professionals or other third parties. Unless we expressly state otherwise, those third parties are independent of Whoovia, and Whoovia does not endorse, guarantee, supervise, or assume responsibility for their services, licensing, advice, fees, or conduct.
At launch, BuyerCount does not sell identifiable consumer search history as professional leads. If a feature allows you to request contact from a professional, your identity or contact information will be shared only as described to you at the time and based on your affirmative action.
Third-party websites and services may have their own terms and privacy policies.
Our Privacy Policy explains how Whoovia handles personal information. The Privacy Policy is incorporated by reference for purposes of describing our data practices, but nothing in these Terms limits privacy rights that cannot legally be waived.
We may modify, add, suspend, or discontinue features. Real-estate markets, data feeds, source records, algorithms, and technology change, so BuyerCount outputs may change without notice.
We do not guarantee that the Service will always be available, uninterrupted, error-free, or compatible with every device or browser. Features identified as beta, preview, experimental, or similar may be less reliable and may change or be withdrawn.
You may stop using BuyerCount at any time and may request account deletion as described in our Privacy Policy.
We may suspend or terminate access if we reasonably believe you violated these Terms, created security or legal risk, engaged in abusive automated use, or used the Service unlawfully. Where practical and appropriate, we may provide notice or an opportunity to cure before termination.
Sections that by their nature should survive termination—including intellectual property, disclaimers, limitations of liability, dispute resolution, and legal obligations—will survive.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUYERCOUNT AND ALL DATA, ANALYTICS, OUTPUTS, AND RELATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WHOOVIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND QUIET ENJOYMENT.
WHOOVIA DOES NOT WARRANT THAT A BUYERCOUNT IS EXACT, THAT ANY PARTICULAR NUMBER OF BUYERS EXISTS, THAT A BUYER IS WILLING OR ABLE TO PURCHASE A PROPERTY, THAT A PROPERTY IS AVAILABLE FOR SALE, THAT A MODELED PRICE REFLECTS MARKET VALUE, OR THAT ANY TRANSACTION WILL OCCUR.
Some jurisdictions do not allow certain warranty disclaimers. In those jurisdictions, these disclaimers apply only to the extent permitted by law.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHOOVIA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF WHOOVIA FOR CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU PAID DIRECTLY TO WHOOVIA FOR BUYERCOUNT DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
Nothing in these Terms excludes liability that cannot lawfully be excluded or limited, and applicable consumer-protection law remains available to you.
Before filing an arbitration or court action, you and Whoovia agree to make a good-faith effort to resolve the dispute informally. A claimant must send a written notice describing the dispute, the account or email involved, the relief requested, and contact information to [email protected]. The parties will have 60 days from receipt of a complete notice to attempt resolution before either side begins arbitration, except where a limitations period would expire or emergency injunctive relief is reasonably necessary.
Except for the exclusions below, any dispute or claim arising out of or relating to these Terms or BuyerCount that cannot be resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its applicable Consumer Arbitration Rules, as modified by these Terms. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.
Arbitration may be conducted by video, telephone, written submissions, or in person as the applicable rules and arbitrator permit. Whoovia will pay arbitration fees to the extent required by applicable consumer-arbitration rules or law.
Either party may bring an eligible individual claim in small-claims court. Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect intellectual property, trade secrets, account security, or against unauthorized scraping or system abuse while arbitration is pending. Government agencies may exercise their lawful authority notwithstanding this section.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND WHOOVIA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may award relief only to the individual claimant and only to the extent necessary to resolve that claimant’s individual claim.
You may opt out of this arbitration agreement by sending an email to [email protected] within 30 days after you first accept these Terms. The message must include your name, the email address associated with your BuyerCount account, and a clear statement that you opt out of arbitration. Opting out of arbitration does not affect the remainder of these Terms.
If a court determines that a particular claim or request for relief cannot lawfully be arbitrated on an individual basis, only that claim or request will proceed in court after arbitrable matters are completed, unless applicable law requires a different result.
These Terms and any dispute not subject to arbitration are governed by the laws of the U.S. state in which Whoovia maintains its principal place of business, without regard to conflict-of-law principles, except where federal law governs or applicable consumer law requires otherwise.
Any permitted court proceeding will be brought in a state or federal court located in the county and state of Whoovia’s principal place of business, unless applicable law gives you the right to bring the proceeding elsewhere.
We may update these Terms as the Service evolves. We will post updated Terms with a revised effective date. If a material change affects existing account holders, we will provide reasonable notice and obtain renewed assent where required by law or where we determine renewed assent is appropriate.
These Terms are the entire agreement between you and Whoovia concerning the consumer BuyerCount Service, except for any additional terms expressly presented for a specific feature. If a provision is unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect.
Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; Whoovia may assign them in connection with a merger, reorganization, financing, sale of assets, or similar transaction. Headings are for convenience only.
Questions about these Terms may be directed to: