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Phuglee Data

Terms of Service

Draft. This document is not final and does not bind anyone yet. It is awaiting an attorney's review and the details still shown in [brackets].

Effective date: [DATE]. These Terms of Service (the "Terms") are a binding agreement between Phuglee Data LLC, doing business as Phuglee Data ("Phuglee," "we," "us"), and the person or business that creates an account or purchases a subscription ("you" or "Member"). By creating an account, clicking to accept, or paying for any package, you agree to these Terms.

The Service is for business use in real estate investing, acquisition and marketing. You must be at least 18 and able to enter a binding contract. If you accept on behalf of a company, you represent that you have authority to bind it.

1. What you are buying

Phuglee compiles records from public sources, including county courts, county recorders, city code enforcement departments and fire departments, organizes them, and delivers them to Members through the Service (the "Data"). The Data includes property addresses, owner names where available, filing types and dates, and related details drawn from those public records.

We sell three kinds of package:

  • County Seats. Access to county-sourced Data (pre-foreclosures, probates, pre-liens and evictions) for one named county, sold as a limited number of seats per county. "Tri-County" is three County Seats on one subscription. "Statewide" is every seat in every county we cover in one state, sold only after an application and approval call.
  • City Data packages. A monthly allowance of city-sourced Data records (code violations and fire damage) that any Member may purchase.
  • City Data Add-on. A discounted City Data allowance available only while a County Seat subscription is active.

The Data is licensed, not sold. You receive the limited license in Section 5 and nothing more. All rights not expressly granted remain with Phuglee.

2. Seats and territories

What a seat is

Each county has a fixed number of seats set by county population: one seat for counties under 300,000 people, two for counties from 300,000 to 1,000,000, and three for counties over 1,000,000. We will not sell more seats in a county than that number. A seat is held by one Member account and may not be shared, split or transferred.

What exclusivity means and does not mean

Exclusivity is a promise about our conduct: while your seat is active and paid, Phuglee will not sell county Data for that county to more Members than the seat cap allows. It is not a promise that no other company or person has access to the same public records, which are by definition available to the public. A Statewide Member is the only Phuglee Member receiving county Data in that state at any tier while the Statewide subscription is active and paid.

Holding, losing and waiting for a seat

  • A seat is reserved for 30 minutes while you complete checkout. It becomes yours when payment clears.
  • Your seat stays yours for as long as your subscription is paid. If a renewal payment fails, we will retry and notify you for 7 days. If payment has not cleared after 7 days, your seat is released and offered to the waitlist, and your access to county Data ends.
  • If a county is full you may join a waitlist. When a seat opens, the first person on the list has 7 days to claim it before it passes to the next.
  • Tri-County Members may swap one county for another open county once per year at renewal.
  • Statewide is by application only. We may decline any application in our sole discretion and are not obliged to give a reason.

3. Fees, billing and auto-renewal

Prices are shown on the pricing page before you buy and confirmed on the checkout page. Payments are processed by Stripe, Inc.; we do not store your card number.

Your subscription renews automatically.

Every package is a subscription. Monthly packages renew every month. Quarterly, six-month and yearly packages are charged in full at the start of each term and renew for the same term at the end of it, at the price in effect at renewal. By subscribing you authorize us and Stripe to charge your payment method on that schedule until you cancel.

Cancelling. You may cancel at any time from the billing page in your account or by emailing support@phuglee.com. Cancelling stops future renewals. Your access continues until the end of the period you have already paid for, then ends. Cancelling does not create a refund of any kind.

Price changes. We may change prices with at least 30 days' notice by email. A change takes effect at your next renewal after the notice period. If you do not agree, cancel before that renewal.

Taxes. Prices exclude sales tax. Where tax applies it is calculated at checkout and shown before you pay.

Monthly allowances. City Data packages and the Add-on include a fixed number of records per month. Unused records do not roll over and have no cash value. A record you have already downloaded is never counted against your allowance again.

4. No free trial. No refunds. All sales are final.

Phuglee does not offer free trials, and all purchases are final. We do not issue refunds, credits or prorations for any reason, including cancellation, non-use, dissatisfaction with lead volume or quality, or your inability to work the data.

Why: the Data is fresh, time-sensitive and, for County Seats, exclusive. Once it is delivered to you it cannot be un-delivered, and once a seat is taken it has been withheld from everyone else who wanted it. You agree that this no-refund policy is a material term of the price you pay and that you were shown it, and accepted it, before purchasing.

If you dispute a charge with your card issuer instead of contacting us, we may suspend or terminate your account and seat immediately, and you remain liable for the amount owed. If we are legally required to refund an amount in a particular case, that refund is the only remedy and does not change this policy for any other purchase.

5. How you may use the data

Subject to these Terms and payment, we grant you a limited, non-transferable, non-sublicensable, revocable license to access and use the Data during your subscription solely for your own real estate acquisition, investment and marketing activities.

You may not, and may not allow anyone else to:

  • Resell, redistribute, publish, share, sublicense, lend or give the Data, or any list or file derived from it, to any third party, including partners, joint venture partners, other investors or lead buyers.
  • Share your login or let anyone outside your own company use your account. Each account is for one business. Team seats, where offered, must be purchased.
  • Scrape, crawl, bulk-download beyond your allowance, or use automated tools to extract Data outside the export features we provide.
  • Use the Data to build, train or improve a competing database, product or service.
  • Remove notices, reverse engineer the Service, or interfere with its security or other Members' use.

The Data, the Service, our software, designs and trademarks are owned by Phuglee or our licensors. Records you export remain licensed under these Terms; the license ends when your subscription ends, and you must stop using and delete exported Data within 30 days after that, except records relating to properties you have already contracted or closed.

6. Compliance you are responsible for

You are solely responsible for how you contact the people in the Data and for complying with every law that applies to your outreach, including:

  • The Telephone Consumer Protection Act (TCPA), the National Do Not Call Registry and state do-not-call and telemarketing laws, including scrubbing numbers against the registries before calling or texting, honoring internal do-not-call requests, and obtaining any consent required for texts or automated calls.
  • CAN-SPAM and state laws for email, and state and federal rules for direct mail solicitations.
  • The Fair Housing Act and state fair housing laws. You may not use the Data to discriminate against anyone on a protected basis.
  • State laws governing solicitation of homeowners in foreclosure, probate or distress, including any required disclosures and cooling-off periods for equity purchase or foreclosure consulting transactions.

The Data is not a consumer report.

Phuglee is not a consumer reporting agency under the Fair Credit Reporting Act, and the Data is not a "consumer report." You may not use the Data, in whole or in part, to determine anyone's eligibility for credit, insurance, employment, housing rental, or any other purpose covered by the FCRA. You may not use the Data to locate, stalk, harass or harm any person.

7. Accuracy and results

The Data comes from public records maintained by hundreds of government offices. Those records contain errors, are sometimes late, and are sometimes incomplete or redacted. We organize and deliver what those offices publish. We do not guarantee that any record is accurate, current or complete, that a property owner can be reached, or that any specific number of records will appear in your county in any period.

We make no promise of income, deals or return on investment.

Any examples of deals, fees or results on our website or in our materials are illustrations, not predictions. Your results depend on your own effort, market and skill. Our approval process for Statewide packages is a business judgment about fit and is not a warranty of any outcome.

The service and the data are provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement and accuracy, to the fullest extent permitted by law.

8. Termination

We may suspend or terminate your account immediately, without refund, if you breach Section 5 or 6, dispute a valid charge, provide false information, or use the Service in a way that exposes us or other Members to legal risk. We may also discontinue the Service or any package on 30 days' notice; in that case only, we will refund the unused portion of any prepaid term, which is your sole remedy.

Sections 1, 4, 5, 6, 7, 9 and 10 survive termination.

9. Liability

You will defend and indemnify Phuglee and its owners, employees and contractors against any claim, loss, fine or expense (including reasonable attorneys' fees) arising from your use of the Data, your outreach to any person, or your breach of these Terms, including any TCPA, do-not-call or fair housing claim.

To the fullest extent permitted by law, Phuglee will not be liable for any indirect, incidental, consequential, special or punitive damages, or for lost profits, lost deals or lost data, and our total liability for all claims arising out of the service in any 12-month period will not exceed the fees you paid us in that period.

10. Disputes, arbitration and governing law

These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law rules.

Talk to us first. Before starting any formal dispute, you agree to email support@phuglee.com describing the problem and to give us 30 days to resolve it.

Binding arbitration. Any dispute not resolved informally will be settled by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before one arbitrator, in Maricopa County, Arizona, or by video. Judgment on the award may be entered in any court with jurisdiction. Either party may instead bring an individual claim in small claims court.

Class action waiver. You and Phuglee agree that disputes will be resolved only on an individual basis and not as a plaintiff or class member in any purported class, consolidated or representative proceeding.

Opt-out. You may opt out of arbitration by emailing us within 30 days of first accepting these Terms, stating that you opt out. Doing so does not affect any other term.

11. Photographs

The photographs on this site are real, licensed photographs of real distressed property — none of them are generated, and none of them are of a lead we sell. Most are published under Creative Commons licences that require the photographer to be credited. Every one of them is listed, with its photographer, its licence and a link to the original, at Photo credits.

12. General

We may update these Terms. We will email you at least 30 days before a material change takes effect; continuing to use the Service after that date is acceptance. These Terms, the pricing page and the checkout confirmation are the entire agreement. If any part is unenforceable, the rest stands. You may not assign your account; we may assign these Terms in a sale of our business. Notices to us go to support@phuglee.com or 12779 W. Chucks Ave., Peoria, AZ 85383.