Terms of Use

Last Updated January 3, 2017

Thanks for using Top Shelf Data. By using Top Shelf Data or signing up for an account, you're agreeing to these Terms.

Top Shelf Data (the "Service") is a data analytics platform offered through the URL www.topshelfdata.com (the "Website") that provides business intelligence on public records data, map information, and sales data. Top Shelf Data is owned and operated by Data Monks LLC, a Washington State limited liability corporation ("Top Shelf Data", "Data Monks", "we" or "us"). As a customer of the Service, according to this agreement you are a "Member" (or "you"). These Terms of Use ("Terms" including our Privacy Policy) define the terms and conditions under which you're allowed to use the Service, and how we’ll treat your account while you're a Member. If you have any questions about our terms, feel free to contact us.

Account

Eligibility

In order to use Top Shelf Data, you must:

1. Be at least twenty-one (21) years old and able to enter into contracts;
2. Agree to the Terms; and
3. Provide true, complete, and up to date contact information.

By using Top Shelf Data, you represent and warrant that you meet all the requirements listed above, and that you won't use Top Shelf Data in a way that violates any laws or regulations. Top Shelf Data may refuse service, close accounts of any users, and change eligibility requirements at any time.

Term

The Term begins when you start using the service, with or without signing up for an account, and continues as long as you use the Service. If you sign up for the Service on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

Closing Your Account

You or the Service may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we’ll refund a prorated portion of your monthly, quarterly, or annual prepayment or reimburse you for any unused credits. We won’t refund or reimburse you if there's cause, which would include violating these Terms. Once terminated, we may permanently delete your account and all the data associated with it. If you don’t log in to your account for 6 or more months, we may treat your account as "inactive" and permanently delete the account and all the data associated with it.

Account and Password

You're responsible for keeping your account name and password confidential. You're also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We're not responsible for any losses due to stolen or hacked passwords. We don't have access to your current password, and for security reasons, we may only reset your password.

Account Disputes

We do not arbitrate disputes over who owns an account. You won't request access to or information about an account that's not yours.

Payment

Plans

We may offer plans which are billed monthly, quarterly, or annual (the Term). A "Quarter" is defined as three calendar months. Our prices for monthly, quarterly, and/or annual plans are posted on our Website and may be changed from time to time. If any part of a month / quarter / year is included in the Term, then payment is due for the full month / quarter / year. Payments are due for any month / quarter / year on the same or closest date to the day you made your first payment (the "Pay Date").

Credit Cards

As long as you're a Member or have an outstanding balance with us, you'll provide us with valid credit card information and authorize us to deduct the monthly/quarterly/annual charges against that credit card. You'll replace the information for any credit card that expires with information for a valid one. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won't be rejected. If we're unable to process your credit card order, we'll try to contact you by email and suspend your account until your payment can be processed.

Refunds

If we stop providing our Services to you for a reason that’s not laid out in these Terms, we will give you you a prorated refund for the remaining portion of the prepaid month / quarter / year. You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a Member applies for one based on the requirements posted on the Website.

Charges for Add-Ons

We may choose to offer features as add-ons to your Top Shelf Data account. These add-ons may be a one-time fee for a particular Service (such as a specialized data report) or recurring features that will be added to the amount paid in each billing cycle for as long as the add-on is active. Some add-ons may have additional terms or restrictions. If you use an add-on in a way that violates these Terms, then we may terminate your account.

Billing Changes

We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.

Rules

Intellectual Property

All content included as part of the Service, including charts, text, and tables of data, is the property of Top Shelf Data or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Top Shelf Data and the copyright owner. We do not grant you any licenses, express or implied, to the Service's intellectual property except as expressly authorized by these Terms. The Site content is not for resale. You will not exploit any of the content, in whole or in part, found on the Site, including re-publishing, transmitting, reverse engineering, or creating derivative works in any way. In particular, automated or organized attempts at extracting site data en masse (commonly known as "web scraping") is prohibited and is grounds for immediate account termination.

Compliance with Laws

You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You may not use our Service for any unlawful or discriminatory activities.

Single-individual Accounts

Accounts may not be shared and may only be used by one individual per account.

Non-Competition

You may not purchase, use, or access the Service for the purpose of building a competitive product or service or for any other competitive purposes.

Misuse

You may not misuse our Services by interfering with their normal operation, including making more than one request per second. You may not attempt to access our Service using methods other than through the interfaces and instructions that we provide.

Changes

We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your account within ten (10) days, the new Terms will be effective immediately and apply to any continued or new use of the Service. We may change the Website, the Service, or any features of the Service at any time.

Liability

Accuracy of Data

While we strive to provide the highest-quality analytics and metrics possible, we cannot guarantee the accuracy of data on our site. In part, this is because much of our source data comes from government and third-party entities and cannot be validated by us. For example, source data may contain typos or be the result of software bugs.

Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any business decisions made using data provided by our Service. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they're based on negligence or we've been advised of the possibility of those damages. Our total liability for all claims made about the Service in any Term will be no more than what you paid us for the Service the prior Term.

No Warranties

To the maximum extent permitted by law, we provide the material on the Website and the Service as-is. We do not provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.

Indemnity

You agree to indemnify and hold us and our Team harmless from any losses, including attorney fees that result from any claims you make that aren't allowed under these Terms due to a "Limitation of Liability" or other provision.

Attorney Fees

If we file an action against you claiming you breached these Terms and we prevail, we're entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.

Fine Print

Notices

Notices us will be effective when delivered to us at: Data Monks LLC, 1037 NE 65th St #80112, Seattle, WA 98115, or at any address we may later post on this website.

Equitable Relief

If you violate these Terms then we may seek injunctive relief or other equitable relief.

Force Majeure

We won't be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to laws or regulations, earthquakes, power blackouts, and acts of hackers or third-party internet service providers.

Severability

If it turns out that a section of this Agreement isn't enforceable, the rest of the Terms will still be valid minus that section.

Entire Agreement

These Terms and our Privacy Policy make up the entire agreement and supersede all prior agreements, representations, and understandings.