Findigs Terms of Use

Last Updated: Feb 28, 2024

THIS WEBSITE (FINDIGS.COM) AND ITS ASSOCIATED WEBPAGES AND APPS (COLLECTIVELY, THE “SITE”) ARE MADE AVAILABLE BY FINDIGS, INC., TOGETHER WITH ITS ASSIGNEES, SUCCESSORS AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (“FINDIGS”, ”US” OR “WE”). FINDINGS RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS OF USE, AT ANY TIME. IT IS YOUR RESPONSIBILITY TO CHECK THESE TERMS OF USE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF CHANGES WILL MEAN THAT YOU ACCEPT AND AGREE TO THE CHANGES. BY ACCESSING OR USING THIS SITE, YOU AGREE TO THESE WEBSITE TERMS OF USE AND THE PRIVACY POLICY (COLLECTIVELY, THE “TERMS” OR “TERMS OF USE”). IF YOU DO NOT AGREE TO THE TERMS OF USE, DO NOT USE THIS SITE OR THE SERVICES.

These Terms of Use apply to Applicants and Visitors as defined below, access and use of the Services. Applicants and Visitors are referred to as “You” in these Terms of Use. In the event You are a Property Manager, Your use of the Property Manager Services shall be governed by the Findigs Master Services Agreement. Additionally, Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and You understand and agree that by using or participating in any such Services, You agree to also comply with these Additional Terms.

Please read these Terms carefully. They cover important information about Services provided to You and any charges, taxes, and fees we bill You. These Terms include information about future changes to these Terms, automatic renewals, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

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1. Findigs Services

Through the Site, Findigs makes available a platform (“Platform”) which allows (1) individuals (“Applicants”) to create a Findigs account through which they can apply for a lease or rent an apartment and obtain other services as made available by Findigs (“Applicant Services”); and, (2) businesses that manage or rent properties (“Property Managers”) to obtain and manage information about individual Applicants, manage internal workflows, and access other features made available by Findigs (“Property Manager Services”). The Site, Applicant Services, and the Platform are collectively referred to as the “Services” herein. Anyone visiting the Site or exploring the Platform (“Visitors”) may find out more information about Findigs and its products and services.

FINDIGS IS NOT A PARTY TO ANY RENTAL TRANSACTIONS. FINDIGS DOES NOT OWN OR MANAGE THE PROPERTIES USING THE SITE AND APPS AND DOES NOT ENTER INTO RENTAL AGREEMENTS FOR THOSE PROPERTIES. AS A RESULT, FINDIGS SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR INFORMATION, THE CONTENTS OF ANY DOCUMENTS, OR FOR ANY OTHER INTERACTIONS BY, BETWEEN, OR AMONG USERS, PROPERTY MANAGERS OR OWNERS THROUGH THE SITE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER, A PROPERTY MANAGER OR OWNER, YOU RELEASE FINDIGS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

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2. Your Account

In order to access all of the Services, You may need to register an account with Findigs. If You choose to register an account with Findigs, You agree that You are entering into a relationship with Findigs. You agree to provide accurate and complete information to Findigs in order to register Your account and when You use the Services. Findigs reserves the right to refuse to register an account for any reason in its sole discretion. You agree that Your use of the Services will solely be in compliance with these Terms of Use. Any use of Your account that violates these Terms may result in immediate termination of Your account.

You agree that You are responsible for maintaining the confidentiality of any log-in credentials provided or created by You to access Your account. You may not select as Your Findigs account ID a name that You do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer Your account to anyone else without our prior written permission. You agree that You will not share such log-in credentials. You understand that You are responsible for any acts associated with Your account. You agree that You will immediately notify Findigs of any unauthorized use of Your log-in credentials or other breach of security known to You.

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3. Your Use as Assent

Your use of the Site, Platform, information, materials, features, graphics, arrangement(s), design, text, documents, code, files, images, videos, audio, and any other materials accessed through or made available for use or download through the Services is Your acceptance of these Terms of Use. The Services, including any updates, enhancements, or new features, are available to You subject to the Terms of Use.

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4. Modification and Your Continued Use as Assent to Modified Terms

These Terms of Use are subject to change at any time, without notice. Any Information is effective as of the date noted. Findigs has no obligation or responsibility to update or amend any information provided on the Site. Findigs reserves the right to terminate and the right to modify any of the Services in whole or in part at any time, without prior notice. You agree to review the Terms of Use periodically to ensure that You are aware of any changes. If You continue to use any portion of the Services after an update to the Terms of Use are effective, You agree to the Terms of Use as modified.

Additionally, we’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give You notice when we make a material change to the Services that would adversely affect You, but this isn’t always practical. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges You contributed that Content in violation of these Terms), in our sole discretion, and without notice.

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5. Eligibility to Use the Site

You may access the Services and print pages from the Services only for personal and non-commercial purposes, and not on behalf of or for the benefit of any third party. Any unauthorized or illegal use of the Site or the Services is strictly prohibited. Findigs does not knowingly collect personal information from any child under the age of 13 at this Site.

Additionally, the Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 13 years of age; if You are a child under 13 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 13 years of age, we will delete that information as quickly as possible. If You believe that a child under 13 years of age may have provided us personal information, please contact us at legal@findigs.com.

You represent and warrant that You have the legal right and ability to enter into these Terms of Use, that You are old enough to be considered an adult under the laws of Your state (for most jurisdictions this age is 18 years old) or have been granted the same rights as a legal adult by a court, that You are a resident of the United States, and that You will use the Site in accordance with these Terms of Use. While the Site may be accessed from countries other than the United States, Findigs does not provide Services outside of the United States and the Site is not meant to be used outside of the United States. You represent and warrant that You will not export or re-export the Services into any U.S. embargoed countries or to anyone on the U.S. Department of Commerce Denied Person’s List or Entity List or the U.S. Treasury Department’s list of Specially Designated Nationals. If Your use of the Services is prohibited by applicable laws, then You aren’t authorized to use the Services. We can’t and won’t be responsible for Your using the Services in a way that breaks the law.

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6. Intellectual Property

The Services and all data associated with the provision of the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations and so forth (all of the foregoing, the “Content”) are the property of Findigs and/or, to the extent applicable, its licensors. The Services, Content and all intellectual property pertaining to or contained in the Services is protected by United States copyright and trademark laws and other applicable intellectual property laws. You are expressly prohibited from copying, distributing, modifying, reproducing, publishing, or using the Services in whole or in part in any manner not expressly authorized in the Terms of Use or approved, in writing, by Findigs. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content You access through the Services, and You won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by You, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Findigs’) rights.

Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Findigs owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow You to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.

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7. Use of the Services

You agree that You may use the Services only as described above in Section 1 (Findigs Services). A violation of any of the following is grounds for termination of Your right to use or access the Services. You agree that You will not conduct any of the following activities and You will not enable or assist a third party in conducting any of the following activities:

  • use any bots, worms, deep-links, page or screen scrapes, robots, spiders, automatic or manual devices on the Site or any Services. You will not interfere or use any device, software, or process to interfere (or attempt to interfere) with the proper working of the Site.
  • run Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while You are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure).
  • duplicate, reproduce, sell, resell, use, store, or exploit the Services, the Content, or the Site.
  • use the Site or the Services in any way that violates applicable law, statute, regulation, or ordinance or breach of the Terms of Use or other agreement You have with Findigs.
  • misrepresent Your identity, impersonate any other person, or provide any false or misleading information about Your identity or circumstances.

transmit any unlawful, infringing, misleading, deceptive, threatening, libelous, defamatory, plagiarized, fraudulent, harassing, obscene, discriminatory, inflammatory, pornographic or profane material, spam, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate applicable law.

  • jeopardize the security of Your Findigs account or login credentials or anyone else’s (such as allowing someone else to log in to the Services as You).
  • attempt, in any manner, to obtain the password, account, or other security information from any other user.
  • violate the security of any computer network, or cracks any passwords or security encryption codes.
  • reverse engineer, disassemble, or decompile the Services or attempt to derive the source code, source files, or structure of the Services or the Site.
  • access the Services to build a competitive product or service.
  • duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Site, the Content, the Services, or any portion of the Site, Content, or Services for any public or commercial use without the express written consent of Findigs.
  • Use any of the logos, trademarks, service marks, or other indicators of origin appearing anywhere on the Services.

Any information or Content transmitted through the Services is the sole responsibility of the person from whom such Content originated, and You access all such information and Content at Your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss You might suffer in connection with it. We cannot control and have no duty to take any action regarding how You may interpret and use the Content or what actions You may take as a result of having been exposed to the Content, and You hereby release us from all liability for You having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom You interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content You contribute, in any manner, to the Services, and You represent and warrant You have all rights necessary to do so, in the manner in which You contribute it.

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8. Fees

The Services may be free or we may charge a fee for using the Services. If You are using a free version of the Services, we will notify You before any Services You are then using begin carrying a fee, and if You wish to continue using such Services, You must pay all applicable fees for such Services.

  • Paid Services. Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to You in the process of using or signing up for a Paid Service are deemed part of these Terms.
  • Billing. We use a third-party payment processor (the “Payment Processor”) to bill You through a payment account linked to Your account on the Services (Your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. Currently, we use Stripe, Inc. as our Payment Processor. You can access Stripe’s Terms of Service at https://stripe.com/us/checkout/legal and their Privacy Policy at https://stripe.com/us/privacy. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to use Paid Services, You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and You authorize us, through the Payment Processor, to charge Your chosen payment provider (Your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
  • Payment Method. The terms of Your payment will be based on Your Payment Method and may be determined by agreements between You and the financial institution, credit card issuer or other provider of Your chosen Payment Method. If we, through the Payment Processor, do not receive payment from You, You agree to pay all amounts due on Your Billing Account upon demand.
  • Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE BY CONTACTING SUPPORT@FINDIGS.COM. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
  • Change in Amount Authorized. If the amount to be charged to Your Billing Account varies from the amount You preauthorized (other than due to the imposition or change in the amount of state sales taxes), You have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement You have with Your payment provider will govern Your use of Your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

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9. Accurate Information on Your Application

To the extent You complete an application for tenancy through Findigs, You agree to provide only accurate, true, current, and complete information about Yourself. Findigs is not responsible for any delays or errors in the provision of the Services resulting from Your failure to provide accurate information.

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10. Your Use of a Residential Application

If You are a Applicant, by applying for a residence through the Services, You grant Findigs the right to provide any information contained on an application or obtained as authorized by the application to property managers and third parties for the purposes of facilitating the completion of Your application initiated by You or on Your behalf. Verification of information, including Your identity information (e.g., name, Social Security number, and date of birth), may be required prior to the acknowledgement or completion of Your application. YOU UNDERSTAND AND AGREE THAT FINDIGS HAS NO LIABILITY WITH RESPECT TO ANY APPLICATION OR DECISION MADE BY A PROPERTY MANAGER.

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11. Background Checks and Your Rights Under the FCRA

If You are a Applicant applying for a residence through the Services, You may be able to provide us with Your written instructions to obtain a consumer report (often called a background check or background report) about Yourself, or a Property Manager may be able to request a consumer report about You through the Services if You submit a rental or lease application to a particular Property Manager.

SECTION 619 OF THE FCRA STATES THAT “ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A APPLICANT FROM A CONSUMER REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18 OF THE UNITED STATES CODE, IMPRISONED NOT MORE THAN TWO YEARS, OR BOTH.”

You, as a Applicant, have certain rights under the Fair Credit Reporting Act (“FCRA”). You can view a summary of those rights here.

If You, as a Applicant, feel that You are or about to be a victim of Identity Theft, You have certain rights under the FCRA. You can view of summary of those rights here.

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12. Links to Other Sites

Links and pointers to websites that are operated and maintained by third parties (each, a “Third Party Website”) may be available via the Site. These links are provided solely as information on potential topics that may be useful to You. A Third-Party Website link is not a recommendation or endorsement by Findigs of any products, services, information, goods, ideas, or opinions that may be found on any Third-Party Website. When You access third-party websites or use third-party services, You accept that there are risks in doing so, and that Findigs is not responsible for such risks.

Findigs has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that You interact with through the Services. In addition, Findigs will not and cannot monitor, verify, censor or edit the content of any third-party site or service. FINDIGS MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, CONCERNING THE SERVICES OF ANY THIRD-PARTY WEBSITE, INCLUDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY THEREOF FOR ANY PARTICULAR PURPOSE. FINDIGS DOES NOT WARRANT THAT ANY THIRD-PARTY WEBSITE IS FREE FROM ANY CLAIMS OF COPYRIGHT, TRADEMARK, OR OTHER INFRINGEMENT. FINDIGS DOES NOT WARRANT THAT ANY THIRD-PARTY WEBSITE IS FREE FROM ANY VIRUSES OR OTHER MALWARE.

You understand that a Third-Party Website may have terms or a privacy policy that is different from that of Findigs and that the Third-Party Website may provide less security than this Site. We encourage You to be aware when You leave the Services and to read the terms and conditions and privacy policy of each Third-Party Website or service that You visit or utilize. The choice to access a Third-Party Website, or to purchase or otherwise use any of the products or services advertised or provided on a Third-Party Website is Yours, in Your sole discretion. By using the Services, You release and hold us harmless from any and all liability arising from Your use of any Third-Party Website or service.

If there is a dispute between participants on this site or Services, or between users and any third party, You agree that Findigs is under no obligation to become involved. In the event that You have a dispute with one or more other users, You release Findigs, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

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13. Consent to Receive Direct Marketing Communications

As part of the Services, You may receive communications through the Services, including messages that Findigs sends You (for example, via email or SMS). When signing up for the Services, You will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with Your wireless number, You confirm that You want Findigs to send You information that we think may be of interest to You, which may include Findigs using automated dialing technology to text You at the wireless number You provided, and You agree to receive communications from Findigs, and You represent and warrant that each person You register for the Services or for whom You provide a wireless phone number has consented to receive communications from Findigs. You agree to indemnify and hold Findigs harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to Your breach of the foregoing.

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14. Potential for Disruptions in Service

You understand and agree that from time to time any portion of the Services may be unavailable, limited due to slow speed, or otherwise delayed. This may be caused by a wide variety of reasons outside of the control of Findigs and despite commercially reasonable processes and procedures implemented by Findigs to maintain the Services. You also understand that, from time to time, the Services may be unavailable due to regular or other maintenance.

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15. Disclaimer of Warranties

Findigs and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Findigs and all such parties together, the “Findigs Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the Findigs Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to Your participation in, the Services. The Findigs Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services.

THE SERVICES AND CONTENT, INDIVIDUALLY AND COLLECTIVELY, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR ANY PARTICULAR PURPOSE, OR FREEDOM FROM COMPUTER VIRUS IS GIVEN IN CONJUNCTION WITH THE SERVICES. FURTHERMORE, FINDIGS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES ARE ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

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16. Limitation of Liability

BY USING ANY PORTION OF THE SERVICES, YOU UNDERSTAND AND AGREE THAT THE FINDIGS PARTIES DISCLAIM ALL LIABILITY (WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) TO THE FULLEST EXTENT ALLOWED BY LAW FOR YOUR USE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL ANY OF THE FINDIGS PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST OR CORRUPTED DATA OR CONTENT, ANY ERRORS CAUSED BY THE TOOLS AVAILABLE THROUGH THE SERVICES, , INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF THE FINDIGS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION. FURTHER, THE FINDIGS PARTIES SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (A) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO FINDIGS IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

EXCEPT AS SET FORTH ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY ERROR OR DEFECT IN THE SERVICE, ANY DISPUTES RESULTING FROM AN APPLICATION PROCESSED THROUGH THE SERVICES, OR ANY LOST OR MISSING DATA IS OUR COMMERCIALLY REASONABLE EFFORTS TO RESOLVE THE ERROR, DISPUTE, OR DEFECT OR TO RECOVER THE MISSING DATA IN A REASONABLY PROMPT MANNER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FINDIGS PARTIES WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD, USERNAME OR ACCOUNT, EITHER WITH OR WITHOUT YOUR KNOWLEDGE, OR FOR ANY INACCURACIES IN YOUR DATA, FOR INCOMPLETE DATA OR ARISING FROM ANY APPLICATION SUBMITTED THROUGH THE SERVICES. HOWEVER, YOU COULD BE HELD LIABLE FOR LOSSES IF SOMEONE MISUSES YOUR ACCOUNT, USERNAME, OR PASSWORD AS A RESULT OF YOUR INTENTIONAL MISCONDUCT OR NEGLIGENCE.

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17. Indemnification

By using the Site, You agree to defend, indemnify, and hold harmless the Findigs Parties from and against any and all losses, claims, damages (actual or consequential), costs, and expenses (including reasonable legal and accounting fees) that the Findigs Parties may become obligated to pay arising or resulting from Your use of any portion of the Services, including any actions taken by a third party using Your account, or Your breach of these Terms of Use. Findigs reserves the right to assume or participate, at Your expense, in the investigation, settlement, and defense of any such action or claim.

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18. Privacy Policy

You can learn more about the information collected about You in our Privacy Policy. The terms of the Privacy Policy are expressly incorporated fully into these Terms of Use, and You agree to be bound by the most current version of our Privacy Policy.

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19. Severability and Waiver

In the event that any of the terms or provisions of this Terms of Use is held to be unenforceable, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision shall be modified or replaced with an enforceable term or provision that comes as close to the intention of the term or provision deemed unenforceable.

Findigs does not waive any of its rights under these Terms of Use unless it is written and signed by a duly authorized representative of Findigs. Any waiver of any breach of any provision of these Terms of Use shall not be construed as a waiver of any continuing or succeeding breach of such provision or a modification of the provision.

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20. Choice of Law

These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the state of New York, without regard to the conflicts of laws provisions thereof.

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21. Jury Trial Waiver and Arbitration

Please read the following ARBITRATION AGREEMENT carefully because it requires You to arbitrate certain disputes and claims with Findigs and limits the manner in which You can seek relief from Findigs. Both You and Findigs acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Findigs’ officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon Your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as the third-party beneficiary hereof.

  • Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in New York. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
  • Costs of Arbitration. The Rules will govern payment of all arbitration fees. Findigs will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Findigs will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that Your claim is frivolous.
  • Small Claims Court; Infringement. Either You or Findigs may assert claims, if they qualify, in small claims court in New York or any United States county where You live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any 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.
  • Waiver of Jury Trial. YOU AND FINDIGS WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Findigs are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between You and Findigs over whether to vacate or enforce an arbitration award, YOU AND FINDIGS WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
  • Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither You nor Findigs is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in below.
  • Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of Your decision to opt out to the following address: 636 Broadway #1200, New York, NY 10012, postmarked within thirty (30) days of first accepting these Terms. You must include (i) Your name and residence address, (ii) the email address and/or telephone number associated with Your account, and (iii) a clear statement that You want to opt out of these Terms’ arbitration agreement.
  • Exclusive Venue. If You send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either You or Findigs to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both You and Findigs agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, {Venue}, or the federal district in which that county falls.
  • Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of Your relationship with Findigs.

22. Termination

Findigs may terminate these Terms of Use or suspend or terminate Your use of any portion of the Services without notice, at any time. In the event Findigs does so – Findigs may notify You by email. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, all warranty disclaimers, limitations of liability, and law, jurisdiction, venue, and claim limitation provisions.

You’re free to stop using the Services that at any time by contacting us at support@findigs.com. Please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information You provide to us after You have stopped using our Services. Account termination may result in destruction of any Content associated with Your account, so keep that in mind before You decide to terminate Your account.

If You have deleted Your account by mistake, contact us immediately at support@findigs.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation You have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

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23. Assignment

Findigs may assign these Terms of Use, in whole or in part, at any time without notice to You. You may not assign, transfer, or sublicense any right(s) granted under these Terms of Use, if any, to anyone.

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24. Entire Agreement with Regard to Your Use of the Site, No Third-Party Beneficiaries

These Terms of Use constitute the entire agreement between You and Findigs with regard to Your use of the Services, and any and all other written or oral agreements or understandings previously existing between You and Findigs with respect to such use are hereby superseded. Notwithstanding the foregoing, if You are a Property Manager that has executed an agreement with Findigs, then such agreement shall govern Your use of the Property Manager Services.

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25. Miscellaneous

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with Your activity in connection with the Services, provided that Findigs may, in its sole discretion, do any of the foregoing on Your behalf or for itself as it sees fit. You hereby acknowledge and agree that You are not an employee, agent, partner, or joint venture of Findigs, and You do not have any authority of any kind to bind Findigs in any respect whatsoever.

Except as expressly set forth in the section above regarding the arbitration agreement, You and FIndigs agree there are no third-party beneficiaries intended under these Terms.

Legal Disclosures Licensing Information

All offers to apply for insurance and applications for insurance are conducted through Findigs Insurance Services, LLC via Sebastian Hart (the "Producer"), a Member and the Designated Responsible Licensed Producer, who is licensed in the following states as detailed below.

Alaska;
Individual license: Insurance Producer • 3002077270
Entity license: Insurance Producer • 3002305705

Alabama;
Individual license: Insurance Producer • 3002079655
Entity license: Insurance Producer • 3002315466

Arkansas;
Individual license: Insurance Producer • 20416151
Entity license: Insurance Producer • 3002301395

Arizona;
Entity license: Insurance Producer • 3002301402

Colorado;
Individual license: Insurance Producer • 757093
Entity license: Insurance Producer • 776606

Connecticut;
Individual license: Insurance Producer • 20416151
Entity license: Insurance Producer • 3002301550

Delaware;
Individual license: Insurance Producer • 3002077209
Entity license: Insurance Producer • 3002301402

Georgia;
Individual license: Agent-Nonresident • 3542643
Entity license: Principal Agency Non Resident • 227575

Hawaii;
Individual license: Insurance Producer • 568574
Entity license: Insurance Producer • 3002301497

Iowa;
Individual license: Insurance Producer • 20416151
Entity license: Business Entity Producer • 3002301510

Idaho;
Individual license: Non Resident Producer • 947974
Entity license: Insurance Producer • 3002302534

Illinois;
Individual license: Insurance Producer • 20416151
Entity license: Business Entity Producer • 3002315473

Indiana;
Individual license: Producer - Individual • 3820758
Entity license: Non Res Producer Firm • 3863702

Kansas;
Individual license: Insurance Producer • 20416151
Entity license: Insurance Producer • 3002301398

Kentucky;
Individual license: Agent • DOI-1221931
Entity license: Agent • 3002301398

Los Angeles;
Individual license: Insurance Producer • 1001270
Entity license: Producer Agency • 1035124

Massachusetts;
Individual license: Insurance Producer • 20416151
Entity license: Insurance Producer • 3002358779

Maryland;
Individual license: Insurance Producer • 3002077186
Entity license: Insurance Producer • 3002301442

Maine;
Individual license: Producer (Non Resident) • PRN426263
Entity license: NR Producer Business Entity • AGN439765

Michigan;
Individual license: Non Resident Producer • 20416151
Entity license: Non Resident Producer • 141127

Minnesota;
Individual license: Insurance Producer • 40819859
Entity license: Business Producer • 40841572

Missouri;
Individual license: Insurance Producer • 3002077264
Entity license: Business Entity Producer • 3002313453

Mississippi;
Individual license: Insurance Producer • 10878023
Entity license: Insurance Producer Entity • 15045387

Montana;
Individual license: Insurance Producer • 3002077234
Entity license: Insurance Producer • 3002301428

North Carolina;
Individual license: Insurance Producer • 20416151
Entity license: Insurance Producer • 3002301540

North Dakota;
Individual license: Insurance Producer • 20416151

Nebraska;
Individual license: Insurance Producer • 20416151
Entity license: Agency • 3002301491

New Hampshire;
Individual license: Insurance Producer • 20416151
Entity license: Insurance Producer • 3002301499

New Jersey;
Individual license: Insurance Producer • 3002077262
Entity license: Insurance Producer • 20554105

New Mexico;
Individual license: Insurance Producer • 20416151
Entity license: Insurance Producer • 3002326696

Nevada;
Individual license: Non Res Producer/Producer Firm • 3819930
Entity license: Non Res Producer Firm • 3863341

New York;
Individual license: Broker • BR-1745197
Entity license: Broker • BR-1767771

New York;
Individual license: Casualty Agent • PC-174519
Entity license: Agent • PC-1767771

Ohio;
Individual license: Major Lines • 1453149
Entity license: Major Lines • 1480607

Oklahoma;
Individual license: Insurance Producer • 3002077246
Entity license: Insurance Producer • 3002301463

Oregon;
Individual license: Insurance Producer • 20416151

Pennsylvania;
Individual license: Non Res Producer Individual • 1082352
Entity license: Non Resident Producer Agency • 1111288

Rhode Island;
Individual license: Insurance Producer • 3002077279
Entity license: Insurance Producer • 3002301438

South Carolina;
Individual license: Insurance Producer • 20416151
Entity license: Agency • 3002301458

South Dakota;
Individual license: Insurance Producer • 40650835
Entity license: Business Entity • 10030305

Tennessee;
Individual license: Insurance Producer • 3002077165
Entity license: Business Entity Producer • 3002301534

Texas;
Individual license: General Lines Agency/Agent • 2879232
Entity license: General Lines Agency • 2952603

Utah;
Individual license: Non Resident Producer • 947616
Entity license: Non Resident Producer • 968219

Virginia;
Individual license: Insurance Producer • 1323642
Entity license: Insurance Producer • 155808

Vermont;
Individual license: Insurance Producer • 3002077173
Entity license: Insurance Producer • 3002301516

Washington DC;
Individual license: Insurance Producer • 3002077208
Entity license: Insurance Producer • 3002301393

Washington State;
Individual license: Insurance Producer • 1169386
Entity license: Insurance Producer • 1190880

Wisconsin;
Individual license: Intermediary (Agent) Individual • 20416151
Entity license: Intermediary Firm • 3002315406

West Virginia;
Individual license: Insurance Producer • 20416151
Entity license: Business Entity • 3002301567

Wyoming;
Individual license: Non Resident Producer • 521462
Entity license: Non Resident Producer Firm • 538569

Findigs Insurance Services, LLC is an insurance producer licensed in the jurisdictions listed above. Insurance producers are authorized by their license to confer with insurance purchasers about the benefits, terms and conditions of insurance contracts; to offer advice concerning the substantive benefits of particular insurance contracts; to sell insurance; and to obtain insurance for purchasers.

The role of the producer in any particular transaction typically involves one or more of these activities. Compensation will be paid to the producer, based on the insurance contract the producer sells. Depending on the insurer(s) and insurance contract(s) the purchaser selects, compensation will be paid by the insurer(s) selling the insurance contract or by another third-party. Such compensation may vary depending on a number of factors, including the insurance contract(s) and the insurer(s) the purchaser selects. In some cases, other factors such as the volume of business a producer provides to an insurer or the profitability of insurance contracts a producer provides to an insurer also may affect compensation.

The insurance purchaser may obtain information about compensation expected to be received by the producer based in whole or in part on the sale of insurance to the purchaser, and (if applicable) compensation expected to be received based in whole or in part on any alternative quotes presented to the purchaser by the producer, by requesting such information from the producer. This Site does not constitute an offer in any capacity to sell insurance in any jurisdiction in which the aforementioned entity and individual are not licensed.

Insurance Carrier Information

Insurance policies offered by Findigs Insurance Services, LLC are underwritten by the following Insurance Carriers:

Lemonade Insurance Company
5 Crosby St.
3rd floor
New York, NY 10013
Lemonade legal disclosures

Warning Regarding Insurance Fraud

Any individual who files an application for insurance or statement of claim containing any knowingly false information or conceals information with the intention of defrauding an insurance company or other entity or individual commits a fraudulent insurance act and may be subject to fines, restitution or confinement in prison or any combination thereof.

Contact Us

If you have any questions or concerns, you may contact us at support@findigs.com.