Terms of Service

1. Agreement

These Terms are a contract between you and Cribster LLC, a Utah limited liability company (“Cribster”, “we”, “us”), governing your use of the Cribster website and application (the “Service”).

By creating an account or using the Service you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

2. Who May Use the Service

You must be at least 18 years old. The Service is offered only to residents of the United States and is intended for use in Utah. It is not offered to residents of the European Union, the European Economic Area, the United Kingdom, or the State of California.

3. What the Service Is, and What It Is Not

Cribster displays residential real estate listings and helps you communicate with licensed real estate agents.

We are not a real estate brokerage and we do not provide real estate, legal, financial or tax advice. Using the Service does not create an agency, brokerage, fiduciary or client relationship between you and Cribster. Any such relationship is between you and the agent or brokerage you choose to work with, on whatever terms you agree with them.

Listing information comes from UtahRealEstate.com and is not guaranteed. It may be incomplete, out of date, or inaccurate, and properties may be unavailable or under contract. Verify anything you intend to rely on directly with the listing agent or brokerage. Property photographs may be enhanced or altered by the listing brokerage.

4. Your Account

Keep your sign-in credentials confidential and tell us promptly if you believe your account has been used without your permission. You are responsible for activity under your account. Provide accurate information and keep it current.

5. Licence to Use the Service

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service:

• if you are a home shopper — for your own personal, non-commercial purposes in connection with a genuine interest in buying residential property; and
• if you are a licensed real estate professional with an active subscription — for your own commercial real estate business, in connection with listings you or your brokerage represent and clients you represent, in accordance with sections 6 and 8.

You may not scrape, crawl, bulk-download, resell, sublicense or redistribute listing data, photographs or any part of the Service, or use it to build a competing product or a derivative dataset.

6. MLS Listing Data

All listing data, photographs, descriptions and related content are owned by the originating multiple listing service and its participating brokers, and are provided under licence. Your use of it is subject to that licence as well as these Terms. You agree:

• to use listing data only for the purposes in section 5, and only for personal or professional real estate purposes;
• not to copy, redistribute, republish or compile it, or strip any attribution, disclaimer, broker identification or copyright notice; and
• that listing data may be corrected, updated or withdrawn at any time.

Report suspected inaccuracies to Office@KWWestfield.com.

7. Subscriptions, Automatic Renewal and Cancellation

This section applies to real estate professionals who purchase a paid plan.

Plans and charges

Paid plans are offered on a monthly or annual basis. The price, billing frequency and what the plan includes are shown at checkout before you pay. Payments are processed by Stripe; we do not receive or store your card details.

Automatic renewal

Cancelling

You may cancel at any time through Manage billing in your account, which opens Stripe’s billing portal. Cancellation takes effect at the end of your current billing period. You keep access to paid features until that period ends, and you are not charged again afterwards.

Refunds

All charges are non-refundable. We do not provide refunds or credits for partial billing periods, unused time, or periods during which you did not use the Service, except where required by law.

Price changes and failed payments

We may change subscription prices. We will give notice before a change takes effect, and it will apply from your next renewal. If a payment fails we may suspend access to paid features until payment succeeds.

8. Additional Terms for Real Estate Professionals

By creating or claiming an agent profile, you represent and warrant that:

• you hold a current, valid real estate licence in the State of Utah, that the licence number you provide is yours, and that it is in good standing;
• you are authorised by your brokerage to market the listings you associate with your profile;
• you will promptly update your profile if your licence status or brokerage changes; and
• you will comply with all laws and rules applicable to real estate professionals, including fair housing law, advertising rules, and the rules of your MLS and brokerage.

We may suspend or remove an agent profile if we believe any of the above is untrue.

9. Content You Upload

You keep ownership. You retain all rights in the content you upload.

You grant Cribster a non-exclusive, worldwide, royalty-free licence to:

• operate the Service — host, store, reproduce, reformat, transcode, and display and distribute your content within the Service, in connection with the listing you associated it with; and
• promote the Service — use, reproduce and display your content in Cribster’s own marketing and promotional materials, including demonstrations, our website, sales material and social media, together with your name, likeness, photograph and brokerage affiliation as they appear in that content or on your profile.

The first licence ends when you delete the content. The second survives deletion only as to materials already produced and published before deletion; we will not create new promotional materials using your content after you delete it or close your account. Except as stated above, we will not sell or sublicense your content to third parties.

You represent and warrant that you own or have all necessary rights to the content; that you have any permissions required from people appearing in it and from property owners; and that it does not infringe anyone’s rights or break any law. We may remove content that breaches these Terms, and will remove content on a valid request from a rights holder.

10. Fair Housing

Cribster supports equal housing opportunity. You may not use the Service to discriminate, or to express any preference, limitation or discrimination, on the basis of race, colour, religion, sex, familial status, national origin, disability, or any other protected characteristic under federal or Utah law. This applies to agent profiles, listing content, uploaded video, invitations and messages. See our Fair Housing statement.

11. Acceptable Use

You may not: use the Service unlawfully or for an unlawful purpose; scrape, crawl or bulk-extract data; attempt to gain unauthorised access to any part of the Service or another user’s account; interfere with or overload the Service; misrepresent your identity or licence status; upload malware; harass another user; or use the Service to send unsolicited commercial messages.

If you invite people to connect with you on Cribster, you must have a genuine relationship with them and a lawful basis to hold their contact details. Do not upload contact lists you are not entitled to share.

12. Intellectual Property and Copyright

The Cribster name, logos, and the design, software and content of the Service (other than listing data and user content) are owned by Cribster LLC and protected by intellectual property law.

If you believe content on the Service infringes your copyright, send a notice containing the information required by 17 U.S.C. section 512(c)(3) to our designated agent:

Cribster LLC — DMCA Designated Agent
998 North 1200 West, Orem, Utah 84057
dmca@cribster.io · +1 (801) 850-5700

We will respond appropriately and may terminate the accounts of repeat infringers.

13. Disclaimers

The Service is provided “as is” and “as available”, without warranties of any kind, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.

We do not warrant that the Service will be uninterrupted or error-free, that listing information is accurate, current or complete, or that any property remains available. We are not responsible for the conduct of any agent, brokerage, or other user, or for any transaction, agreement or relationship you enter into with them.

14. Limitation of Liability

To the fullest extent permitted by law, Cribster will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost data, or lost opportunities, arising out of or relating to the Service.

Our total liability for all claims relating to the Service will not exceed the greater of (a) the total amount you paid us in the twelve months before the event giving rise to the claim, or (b) one hundred dollars ($100).

15. Indemnification

You agree to indemnify and hold harmless Cribster and its officers, members and employees from claims, damages and reasonable legal costs arising from your use of the Service, your content, your breach of these Terms, or your violation of law or the rights of another.

16. Suspension and Termination

You may stop using the Service and close your account at any time. We may suspend or terminate your access if you breach these Terms, if we are required to by law, or if we discontinue the Service. If we terminate without cause and you have a paid plan, we will refund the unused portion of your current billing period.

Sections that by their nature should survive — sections 6, 9 as to content already distributed, 12 through 15, 17 and 18 — survive termination.

17. Disputes

Please contact us first. Most problems can be resolved informally. Write to us at support@cribster.io describing the dispute, and we will try to resolve it within 30 days before either of us begins a formal proceeding.

If we cannot resolve it informally, you and Cribster agree that any dispute will be resolved by binding individual arbitration, administered by the American Arbitration Association under its Consumer Arbitration Rules, seated in Utah County, Utah. Cribster will pay the arbitration filing and administrative fees for any claim under $10,000 that is not frivolous.

Either of us may instead bring an individual claim in small-claims court if it qualifies. Nothing in this section prevents that.

You and Cribster each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may not consolidate claims or preside over any representative proceeding.

You may opt out of arbitration and the class-action waiver by writing to support@cribster.io within 30 days of first accepting these Terms. Opting out will not affect your use of the Service in any other way. If you opt out, disputes will be resolved in the courts identified in section 18.

18. Governing Law

These Terms are governed by the laws of the State of Utah, without regard to conflict of laws principles. Subject to section 17, the state and federal courts located in Utah County, Utah have exclusive jurisdiction.

19. Changes to These Terms

We may update these Terms. If a change is material we will give notice in the Service before it takes effect and update the date above. Continued use after a change takes effect means you accept it. If you do not accept it, stop using the Service and cancel any paid plan.

20. General

These Terms and the Privacy Policy are the entire agreement between you and Cribster about the Service. If any provision is unenforceable, the rest remains in force. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition or sale of assets. We are not liable for failure to perform due to causes beyond our reasonable control. Notices to you may be sent to the email address on your account.

21. Contact

Cribster LLC
998 North 1200 West, Orem, Utah 84057
support@cribster.io