Terms of Service
Effective Date: October 7, 2018
Thank you for using Stessa, Inc. (“Stessa”). We offer a real estate portfolio management solution that helps real estate investors track, manage, and communicate the performance of their residential real estate assets. By bringing together all relevant data in one place, Stessa enables you to consolidate and stay on top of your real estate data, making it easy for both novice and sophisticated investors to monitor and analyze portfolio performance.
These terms of service (“Terms”) cover your use and access to our website, mobile app, products, and services (“Service”). By accessing or using the Service, you agree to be bound by these Terms. If you are using our Service for an organization, you’re agreeing to these Terms on behalf of that organization. It is the responsibility of you, the user, customer, or prospective customer to read the Terms before proceeding to use this site. If you disagree with any part of the the Terms, then you may not use the Service.
Stessa is intended solely for individuals who are 18 or older. Any access to or use of the Service by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms. By accessing or using Stessa, you represent and warrant that you are 18 or older. In addition, you must be in good standing and not an individual that has been previously barred from receiving the Service under the laws and statutes of the United States or other applicable jurisdiction.
When you register, we may collect information such as your name, email, property address, real estate financials and operational data. Once you register with Stessa and sign in to the Service, you are no longer anonymous to us.
You agree that the information you provide to us on account registration through our Service will be true, accurate, current, and complete.
Content You Provide And Is Derived by Use of the Service
You are licensing to Stessa and its service providers (“Service Provider”) any information, data, passwords, materials or other content (collectively, “Content”) you provide through or to the service. Stessa and Service Provider may use, modify, display, distribute and create new material using such Content to provide the Service to you. Stessa and Service Provider may also use, sell, license, reproduce, distribute and disclose aggregate, non-personally identifiable information that is derived through your use of the Service. By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, Stessa and Service Provider may use the Content for the purposes set out above. As between Stessa and Service Provider, Stessa owns your confidential account information.
Account Data from Third Party Sites
You may direct the Service to retrieve your own information maintained online by third-parties with which you have existing customer relationships, maintain accounts, or engage in financial transactions (“Account Data”). We work with one or more online service providers to access this Account Data. For all purposes hereof, you hereby grant Stessa and Service Provider a limited power of attorney, and you hereby appoint Stessa and Service Provider as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN STESSA OR SERVICE PROVIDER ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, STESSA AND SERVICE PROVIDER ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the service is not endorsed or sponsored by any third party account providers accessible through the service. We do not review the Account Data for accuracy, legality or non-infringement. We are not responsible for the Account Data or products and services offered by or on third-party sites.
We cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. We cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. The information may be more up-to-date when obtained directly from the relevant sites and only reflects the information that is obtained from such sites during the last refresh.
Your personal information is protected by our Privacy Statement (see the full Privacy Statement at https://www.stessa.com/privacy). By using the Service, you agree to the Privacy Statement, and any changes published by us. You agree that we use and maintain your data according to the Privacy Statement, as part of the Service.
Alerts, Notifications and Service Communications
When you set up an account, you automatically sign up for various types of alerts via e-mail. When logged in, you may customize, modify and in some cases deactivate alerts by adjusting the settings accordingly.
We never include your password in these communications, but we may include your name, or email address and information about your portfolio. Anyone with access to your e-mail will be able to view these alerts.
You may choose to stop receiving marketing oriented emails. You will not be able to opt-out of any service-related or critical alerts.
You are responsible for your conduct, and you herein acknowledge, understand and agree that all information, text, data, photographs, video, messages, tags or any other content, whether it is publicly or privately posted and/ or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the Service, and as such, we do not guarantee the accuracy, integrity, or quality of such content. The content in the Service may be protected by others’ intellectual property rights. Please don’t copy, upload, download or share content unless you have the right to do so.
It is expressly understood that by the use of our Service, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and / or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available by Stessa. We are not responsible for the content that people post and share via the Service.
Stessa herein reserves the right to refuse and/ or delete any content currently available through our Service. In addition, we reserve the right to remove and/ or delete any such content that would violate the Terms or which would otherwise be considered offensive to others.
You are responsible for maintaining the secrecy and confidentiality of the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. Please keep your account information current. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Links To Other Web Sites
Copyright and Intellectual Property
We respect the intellectual property of others, and we ask that you do too. With regards to appropriate circumstances and at its sole discretion, Stessa may disable and /or terminate the accounts of an user who violates our Terms and or infringes on the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to our Designated Copyright Agent (set forth below) the following information (as required by Section 512(c)(3) of the Digital Millennium Copyright Act):
- The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the site, with enough detail that we may find it;
- Your physical address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Deliver this Notice, with all items completed, to Stessa’s Designated Copyright Agent:
2000 Powell St.
Emeryville, CA 94608
You herein acknowledge, understand and agree that all of the Stessa trademarks, copyright, trade name, service marks, and other Stessa logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Stessa. You herein agree not to display and/or use in any manner the Stessa logo or marks without obtaining Stessa’s prior written consent.
We reserve the right to suspend or end the Service at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Service if you’re not complying with these Terms, or use the Service in a manner that would cause us legal liability, disrupt the Service or disrupt others’ use of the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may do so at any time and simply discontinue using the Service.
Service “AS IS”
We strive to provide a great Service, but there are certain things that we can’t guarantee. THE USE OF STESSA AND THE SERVICE ARE AT THE SOLE RISK BY YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, STESSA AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, ABOUT THE SERVICE. THE SERVICE IS PROVIDED “AS IS”. WE ALSO DISCLAIM ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
STESSA AND SERVICE PROVIDER MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STESSA OR FROM OUR SERVICE OR SERVICE PROVIDER THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Limitation of Liability
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT STESSA AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
- THE USE OR INABILITY TO USE OUR SERVICE;
- THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
- ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE;
- UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
- STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
- THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES;
- AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
You agree to protect and fully compensate Stessa and Service Provider and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from your use of the Service, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone. You agree that Service Provider is a third party beneficiary of the above provisions, with all rights to enforce such provisions as if Service Provider were a party to this agreement.
In the event you have a dispute, you agree to release Stessa (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
Admonition Related to Financial Matters
You understand and acknowledge that the investment results you could obtain from investment information and financial insights provided by Stessa cannot be guaranteed and that Stessa cannot be held responsible. All investments entail a risk of loss and that you may lose money.
You agree and understand that your use of Stessa is for educational purposes only and is not intended to provide legal, tax or financial planning advice. You agree that you are responsible for your own investment research and investment decisions, that Stessa is only one of many tools you may use as part of a comprehensive investment education process, that you should not and will not rely on Stessa as the primary basis of your investment decisions and, except as otherwise provided for herein, Stessa will not be liable for decisions/actions you take or authorize third parties to take on your behalf based on information you receive through the Service or information you otherwise see on our website.
Exclusion and Limitations
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms shall be finally settled in federal or state court in San Francisco County, California, in English, and each party irrevocably submits to the jurisdiction and venue of such courts.
These Terms constitute the entire agreement between you and Stessa with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third-party beneficiary rights.
Waiver and Severability of Terms
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have questions about these Terms, please contact us at firstname.lastname@example.org.