Terms of Use

Effective March 2, 2020

Welcome and thank you for your interest in ScoutAdvisors.com, LLC (“ScoutAdvisors.com”,” “we,” “us” or “our”). This Terms of Use agreement (“Terms”) sets forth the legally binding terms for your use of the website http://www.ScoutAdvisors.com, and any successor websites, (collectively the “Site”), our mobile applications and any data provided by us to you.  These Terms also include our Privacy Policy, which is incorporated by reference.  By using the Site and Services in any manner, you agree to all of the Terms.  We reserve the right, in our sole discretion, to modify or change these Terms at any time without prior notice to you.  Your continued use of ScoutAdvisors.com following the posting of any changes to the Terms constitutes acceptance of any changes.

By accessing our Site and using our Services you consent to this agreement provided to you in electronic form and that all agreements, disclosures, billing notices and other communications provided to you electronically satisfy any legal requirements of communications to be made in writing. If you do not agree to these terms, please do not use the Site, our Services or send an email to any ScoutAdvisors.com email address.

 
 

IMPORTANT: IF YOU RESIDE IN THE UNITED STATES, PLEASE NOTE THAT THESE TERMS CONTAIN A MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH WILL REQUIRE YOU TO RESOLVE ANY DISPUTE WITH SCOUTADVISORS.COM ON AN INDIVIDUAL BASIS AND, EXCEPT IN LIMITED CIRCUMSTANCES, THROUGH FINAL AND BINDING ARBITRATION. BY USING OUR SITE AND SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THESE TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. PLEASE READ IT CAREFULLY.

Our Role

SCOUTADVISORS.COM IS A LEAD-GENERATION COMPANY.  OUR SERVICES ARE NOT INTENDED TO PROVIDE FINANCIAL, MORTGAGE, INSURANCE OR REAL ESTATE ADVICE.  SCOUTADVISORS.COM IS NOT A LENDER, INSURANCE BROKER, MORTGAGE BROKER OR A LICENSED FINANCIAL PROFFESsIONAL REPRESENTING YOU OR ANOTHER USER IN ANY CAPACITY.  WE ARE ALSO NOT A CREDIT REPORTING AGENCY FOR THE PURPOSES OF THE FAIR CREDIT REPORTING ACT (“FCRA”), AS SUCH, THE ADDITIONAL PROTECTIONS AFFORDED TO CONSUMERS, AND OBLIGATIONS PLACED UPON CREDIT REPORTING AGENCIES, ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN THESE TERMS.

ScoutAdvisors.com’s business is funded by the sale of commercial data (“Data”, “Leads”) to mortgage and insurance professionals.  The Leads are derived and compiled from public sources and contain highly relevant real estate transactional data and are combined with property owners (“Prospects”) contact information.  ScoutAdvisors.com does not initiate prior contact with Prospects.  Accordingly, ScoutAdvisors.com assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that consumers take based on the Services or any other information made available through or in connection with the Services.

Privacy Policy

Our Privacy Policy details how we collect, use, transfer and store customer information that we obtain from you or other sources, including any off-line data, in the course of providing you with Services.

ScoutAdvisors.com owns the Site, the  Services and all associated content

The Services and all associated content (including any derivatives of or enhancements to the same), and all intellectual property rights to the same (including trademarks, service marks, trade names, that appear in connection with the Services, are owned by or licensed to ScoutAdvisors.com.  The Services are licensed, not sold, to you by ScoutAdvisors.com only for use under the Terms. You do not acquire any right, title or interest in or to the Services or any associated content other than the limited license granted to you by these Terms. Any rights not expressly granted to you in these Terms are expressly reserved.

Eligibility

By agreeing to these Terms, you represent and warrant that:  you are at least 18 years of age; you are accessing the Site and/or our Services within the United States, you are a licensed mortgage loan officer and/or insurance professional; or you are are employed by a company that offers mortgage lending and/or insurance services and you are an authorized representative to purchase commercial data; you have not previously been suspended or removed from the Site or our Services; and your registration and use of the Site and our Services is in compliance with all applicable laws and regulations.

Use of our Services

Provided you comply with these Terms, ScoutAdvisors.com grants you a non-exclusive, limited, revocable, personal, non-transferable license to use the Services. If you are a mortgage or insurance professional acting in your professional capacity, you may additionally use the Services to provide information, to the extent permitted by applicable law, to Prospects and to take actions on behalf of your Prospects. You agree to use the Services solely for your personal use and for commercial use limited to your own transactions. If you use the Services for commercial use you represent and warrant that you have obtained all required authorizations and consent from your client.  You further represent and warrant that you will research all provided phone numbers against the Do Not Call List and agree to hold ScoutAdvisors.com harmless for any failure on behalf of yourself or your agents to do so.   

Unless otherwise stated, these Terms do not provide you with a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party websites, applications or mobile devices.

User Restrictions

You agree not do, attempt to do, or permit others to use this Site to do any of the following:

  • access or use the Site in any way that is not in compliance with any applicable local, state, national or international law, contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
  • use any Content in violation of any applicable laws, rules or regulations in a way that harms ScoutAdvisors.com
  • use the Services for resale
  • access, tamper with, or use services or areas of the Site that you are not authorized to access;
  • disclose or share users’ Site usernames and passwords with any unauthorized third parties or use users’ Web Site passwords for any unauthorized purpose;
  • impersonate another person or misrepresent your affiliation with another person or entity
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Site or Services;
  • upload invalid data, viruses, worms or other software agent to the Site
  • interfere with or compromise the system integrity or security of the Site  or our Services, or otherwise bypass any measures we use to prevent or restrict access to the Services.
  • take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure, including but not limited to “spam,” or other such unsolicited mass e-mailing techniques, or use any robot, spider, crawler, intelligent agent, other automatic device, or manual process to search, monitor, “scrape,” or copy Our Web pages, or the Content without Our prior written permission, provided that generally available third party Web browsers may be used without such permission.
  • send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Site or any recipient; or
  • frame any part of the Site, or link to the Site, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by ScoutAdvisors.com;
  • use any of ScoutAdvisors.com trademarks without approval, including but not limited to using them as part of your business name, screen name or email address on the Services
  • access or use our Services to create a competitive service within the mortgage and insurance industries and/or work in tandem with a third party to do any of the above

Mobile Applications

To access our Site on a Mobile Device (“App”) you must have a compatible device.  We do not warrant that our App is compatible with your mobile device.  You may be charged by your wireless carrier for using mobile data in connection with using our App.  You agree that you are solely responsible for these charges.

Jurisdictional Statement

This Web site is controlled, operated and intended for use only in the United States of America. We do not represent that materials on this Web site are appropriate or made available for use outside of the United States of America.

Fees

You are required to pay fees in exchange for our Services, excluding limited-time only sample leads provided to new customers.  All fees are payable in U.S. dollars and are non-refundable.  If we change our fees for some or all of our Services we will provide you with advance notice of any changes.  If you do not accept the changes of any new fees ScoutAdvisors.com may discontinue providing Services to you.  ScoutAdvisors.com uses a third-party payment processor to charge customers for sales of Leads.  You will be emailed an invoice and Services will begin following confirmation of payment.

User Subscriptions

Our Services may allow for automatically recurring payments for periodic charges (“Lead Subscription Plan”, “Plan”).  If you initiate a Lead Subscription Plan you authorize ScoutAdvisors.com to periodically charge you from time time for Services.  Our Service will continue until you cancel your Plan or we cancel it.  You must cancel your Plan before it renews to avoid payment of the next periodic subscription fee.  We will bill fees to the credit card you provide for your 1st purchase.  If you would like to change your payment information please contact Scout Advisors billing department, 475-333-0937extension 3.  Unless otherwise stated in your Lead Subscription Plan agreement you may cancel by contacting your Sales consultant or by emailing sales@scoutadvisors.com

Consent to Recording of Communications

You agree that ScoutAdvisors.com, or a third party acting on behalf of ScoutAdvisors.com, may email, call and/or send text messages to the email address and telephone number(s) provided by you, including calls and text messages using an automatic telephone dialing system and/or an artificial or prerecorded voice. You further agrees that such emails, calls and/or text messages may constitute advertising or telemarketing, e.x. ScoutAdvisors.com may email, call, or text with information about new service offerings available to you. You understand that agreeing to receive this form of commununication may constitute advertising or telemarketing and is not a condition to purchase. You further agrees that calls between you and Scoutadvisors.com employees and Affiliates may be recorded for quality control, training, and other internal business purposes. For certain Services provided by us, you acknowledgesthat call recording may not be disabled.

Choice of Law; Disputes; Waiver of Jury Trial

These Terms are governed by the laws of the State of North Carolina, without giving effect to its conflict of legal provisions. You agree to submit to the personal and exclusive jurisdiction and venue in the state and federal courts sitting in Wake County, North Carolina for any and all disputes, claims and actions arising from or in connection with the Services and/or these Terms of Use. ScoutAdvisors.com operates the Services from its offices in North Carolina, and we make no representation that the Services are appropriate or available for use in other locations.

Registering an informal complaint; Dispute resolution

A party who intends to seek arbitration must first send written notice to the other party by certified mail. Notice to ScoutAdvisors.com, should be sent to NCRA Registered Agent LLC, 4030 Wake Forest Road, Suite 349, Raleigh, NC 27609, with a copy to our Registered Agent. Your notice must include (a) your name, postal address, telephone number, email address, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. ScoutAdvisors.com’s notice to you will be sent electronically to the email address you provide to our Registered Agent, and will include ScoutAdvisors.com legal representative, our postal address, telephone number and an email address at which ScoutAdvisors.com can be contacted with respect to the Dispute, a description in reasonable detail of the nature or basis of the Dispute, and the specific relief that ScoutAdvisors.com is seeking.

If you and ScoutAdvisors.com cannot mediate and resolve your Dispute within thirty (30) days after the dated notice is received by the applicable party, then either you or ScoutAdvisors.com may, as appropriate and in accordance with these Terms, commence an arbitration proceeding.

Waiver of Class Action; Waiver of Jury-Trial

You acknowledge and agree that you and ScoutAdvisors.com are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding. Further, unless both you and ScoutAdvisors.com otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.  Use of the Web Site  is unauthorized in any jurisdiction that does not give effect to all provisions  of these Terms of Use, including without limitation, this paragraph.

Arbitration Rules and Governing Law

This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act (the “FAA”) governs the interpretation and enforcement of this provision. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1–800–778–7879. If the FAA and AAA Rules are found not to apply to any Dispute, or the enforcement thereof, then that issue shall be resolved under the laws of the State of North Carolina without giving effect without giving effect to its conflict of laws provisions.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules.  The AAA provides a standard Demand for Arbitration form. The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of North Carolina and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless you and ScoutAdvisors.com agree otherwise, the arbitration will be conducted in Wake County, North Carolina and the state and federal courts located in Wake County, North Carolina shall have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. If the Dispute does not exceed $10,000, you or ScoutAdvisors.com may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and ScoutAdvisors.com subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or ScoutAdvisors.com may attend by telephone, unless the arbitrator requires otherwise. If the Dispute exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Liability Limitation; Exclusive Remedy” section as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The prevailing party shall be entitled to an award of reasonable attorney fees.

Exceptions to Agreement to Arbitrate

Either party may bring a lawsuit solely for injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Wake County, North Carolina to resolve your claim.

User Feedback

We appreciate it when our customers send us feedback, but please be aware that if you provide input and suggestions regarding our Site or Services then you hereby grant ScoutAdvisors.com an unrestricted, perpetual, irrevocable, non-exclusive, fully-compensated, royalty-free right to use the feedback in any manner and for any purpose, including to offer additional Services and improve our Site, without any obligation to you.

The Site and our Services are protected by copyright and other laws of both the United States and foreign countries. These Terms do not grant you any rights to use the our copyrighted materials, logos, domain names, Site copy or any other property of ScoutAdvisors.com.

Severability

If any provision of these Terms is found to be unlawful, invalid, void or unenforceable, then such provision will be  ineffctive only to the extent that it is found unlawful, unenforceable or void, then the remainder of such provision and all other provisions shall be considered severable from the remaining provisions, and the remaining provisions shall remain in full force and effect.

General

These Terms may only be amended by a written agreement signed by authorized representatives of the parties to the Terms.  Section titles are used throughout the Terms as a convenience of the parites and do not have any legal or contractual significance.  ScoutAdvisors.com reserves the right to assign this Agreement, in its entirety or in segments, at any time with or without notice to you.  You may not assign these Terms of Use, transfer or lease your limited rights to our Services.  Our failure to act with respect to a breach by you or others does not waive our right to act to any subsequent breaches.  Except as expressly stated in the Terms, these Terms constitute the entire agreement between you and ScoutAdvisors.com with respect to our Site and Services and supercede any prior or present communications of any nature between you and ScoutAdvisors.com.

Notice to Residents of California

If you are a resident of California you may contact the Compliant Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in Sacramento, CA or by telephone (800) 952-5210 in order to discuss an issue with our Services or to register a complaint.

Indemnification

You agree to indemnify, defend and hold harmless ScoutAdvisors.com, its affiliates and their respective officers, directors, employees and agents from any and all claims and demands made by any third party due to or arising out of: your access to or use of our Site and Services, your breach of our Terms, any dispute between you and a third-party, your violation of any law of the rights of a third party, your willful misconduct, any other party’s access to and/or use of our Site and Services using your login credentials.  ScoutAdvisors.com reserves the right, at our expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that event, you agree to cooperate with ScoutAdvisors.com defense of that claim.

No Warranties

SCOUTADVISORS.COM PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SCOUTADVISORS.COM AND ITS AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SCOUTADVISORS.COM AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION:  WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING OUR SITE OR THE SERVICES THAT IS NOT EXPRESSIVELY STATED IN THESE TERMS OF USE. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, YOUR DEALING WITH ANY OTHER USER, AND ANY MATERIALS, INCLUDING ALL MATERIALS, AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINMENT OF MATERIALS THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, ARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF THOSE MATERIALS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OR WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Limitation of Liability / Exclusive Remedy

IN NO EVENT WILL SCOUTADVISORS.COM OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, TREBLE, PUNITIVE, OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL OR ANY OTHER INTANGIBLE LOSS ARISING OUT OF OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF ACCESS, OR INABILITY TO USE OR ACCESS, THE SITE OR SERVICES, WHETHER BASED ON A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION, EVEN IF SCOUTADVISORS.COM HAS BEEN ADVISED OF POTENTIAL DAMAGES.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SCOUTADVISORS.COM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES OR INACCURACIES, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FORM YOUR ACCESS TO OUR SITE OR USE OF THE SERVICES, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OUR SERVICES, ANY BUGS, VIRUSES, SPYWARE, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE OR SERVICES BY ANY THIRD PARTY, ANY ERRORS OR OMMISSIONS IN ANY SERVICES OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE ANY SERVICES, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR ANY DEFAMATORY, OFFENSIVE, TORTS OR ILLEGAL CONDUCT OF ANY THIRD PARTY.  THE AGGREGATE LIABILITY OF SCOUTADVISORS.COM AND ITS AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THE TERMS OF USE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF THE AMOUNT YOU HAVE PAID SCOUTADVISORS.COM FOR SERVICES RENDERED IN THE 12 MONTHS PRIOR TO THE EVENTS OR CIRCUMSTANCES GIVEN RISE TO CLAIMS OR $100