These Terms govern your purchase and use of Fresh Deeds data products, including weekly new-homeowner lists, samples, backfills and any related files or emails (the "Lists"). By requesting a sample, subscribing, or using a List, you (the "Customer") agree to these Terms on behalf of yourself and the business you represent.
A subscription delivers, on a recurring basis, Lists of residential property ownership transfers in the county or area you selected, compiled by us from public records (county recorded documents and assessor records). Lists are delivered by email as Excel and CSV files. We may change the format, columns or delivery method with reasonable notice.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Lists for your own direct-marketing to the people and addresses listed (for example, postcards, letters and door hangers) and for your own internal record-keeping. "Your own" means the single business named on the subscription and its employees. A subscription may not be shared across affiliated companies, franchise locations, or "partner" businesses without a separate subscription for each.
We may seed Lists with control records to detect unauthorized use. We may suspend or terminate a subscription immediately, without refund, for any breach of this section.
Lists are compiled from public records as the county publishes them. Public records contain errors, late filings, abbreviations and omissions, and we apply automated rules to clean and classify them. We do not warrant that any List is accurate, complete, current, or fit for a particular purpose. Some records will be family transfers, investors, or non-residential despite our filters; some addresses will be undeliverable; mailing addresses reflect what the deed or assessor showed at the time. You are responsible for CASS/NCOA processing if your mailing method requires it. THE LISTS AND THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Subscriptions are billed in advance by card through Stripe, monthly or annually, and renew automatically until cancelled. Free trials convert to paid subscriptions at the end of the trial unless cancelled first. You may cancel at any time from the "Manage your subscription" link in any delivery email or by emailing us; cancellation stops future renewals and future deliveries, and fees already paid are non-refundable except where required by law or as described in Section 6. Prices may change with at least 30 days' notice; a price change takes effect at your next renewal. You are responsible for any taxes other than our income taxes.
If a weekly List is not delivered because of a problem on our side (including a county data outage) we will deliver it as soon as the data is available. If we cannot deliver two or more consecutive weekly Lists, you may cancel and receive a pro-rated credit for the undelivered weeks. That credit is your sole remedy for missed deliveries.
TO THE FULLEST EXTENT PERMITTED BY LAW, FRESH DEEDS AND TRADEFRONT NW LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST BUSINESS OR WASTED MARKETING SPEND, ARISING OUT OF OR RELATED TO THE LISTS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE FEES YOU PAID US IN THE THREE MONTHS BEFORE THE CLAIM AROSE.
You will defend, indemnify and hold harmless TradeFront NW LLC, its owner, and its contractors from any claim, fine, penalty, loss or expense (including reasonable attorneys' fees) arising from your use of a List, your marketing campaigns, your appending of contact data, or your breach of these Terms, including any claim under the TCPA, TSR, CAN-SPAM, FCRA, fair-housing laws or state privacy or telemarketing laws.
The selection, cleaning, classification, scoring and arrangement of the Lists, and all software, templates, documentation and branding, are our property. Public records themselves remain public; our compilation does not.
Either party may end a subscription at any time as described above. On termination you may keep Lists already delivered for your own records and may continue to market to the people on them in accordance with Section 3, but you may not obtain further Lists. Sections 3, 4, 7, 8, 9 and 11 survive termination.
These Terms are governed by the laws of the State of Oregon without regard to conflict-of-law rules. Any dispute will be brought exclusively in the state or federal courts located in Clackamas County, Oregon, and you consent to their jurisdiction. If any provision is unenforceable, the rest remain in effect. These Terms, together with our Privacy Policy and the plan description shown at checkout, are the entire agreement between us and replace any prior understanding. We may update these Terms by posting a new version here and emailing subscribers; continued use after the effective date is acceptance.
TradeFront NW LLC d/b/a Fresh Deeds · PO Box 912, Molalla, OR 97038 · justin@tradefrontnw.com · (971) 444-7790