Please Read Carefully: The following Terms & Conditions constitute a contract between CID Analytics, Inc. (CIDA) and the purchaser of the CIDA Report who has indicated acceptance of this agreement. The agreement places restrictions on the use and distribution of confidential, copyrighted or otherwise legally protected intellectual property (IP) that may be associated with the CIDA Report and the CIDA Score. The unauthorized use or distribution of any IP or other materials protected by this agreement constitutes a violation of the copyright laws of the United States and the terms of this agreement. Any legal actions resulting from this transaction shall be adjudicated under the laws of the state of Delaware. The purchaser who generates this agreement shall hold harmless CID Analytics, Inc., its officers and employees from any suits, actions, damages or claims of liability arising from the due diligence efforts undertaken by CIDA on behalf of the purchaser of the CIDA Report which is the subject of this agreement; including but not limited to expenses related to litigation, court costs and attorney’s fees.
This agreement is in effect as of Dec 1, 2017.
CIDA Report Fee: The cost for the CIDA Report is $350.00. This fee includes a telephone consultation with CIDA’s examiners to discuss any questions you may have after receiving your report. Payments must be processed though the payment platform on the CIDA website. You do not need a credit card to purchase a CIDA Report, but you must have a bank account with a routing number for a U.S.-based bank. All orders must be processed before documents may be submitted to CIDA.
Ordering a CIDA Report: You must acknowledge that you have read the Terms & Conditions before you will be able to place an order for a CIDA Report. Once you have completed this step you will be directed to the order form submission page where you may process and pay for your report. After your order has been processed you will receive an email confirming the order at the address you provided on the order form. The confirmation email contains the email address and instructions for submitting the documents required to prepare your CIDA Report. If you do not receive a confirmation email after submitting your order, please call 800-218-0302. When you place an order for a CIDA Report you are agreeing to provide the documents required by CIDA to complete the due diligence examination. CIDA does not participate in the process of requisitioning the documents as we have no legal right to any documents or information possessed by the homeowner association which is the subject of our examination.
Submission of Documents & Fees: Any fees associated with obtaining the documentation should be paid by the seller unless the terms of the offer specify that the buyer will pay any such fees. CIDA is not responsible for the cost of obtaining any of the required documentation nor is CIDA responsible for retrieving the documents required to prepare the CIDA Report. Ownership of the documents lies with the seller and the legal authority to obtain the documents from the HOA must be exercised by the seller in the event the HOA or Management refuses to accommodate the buyer’s request for documents.
Some associations warehouse their HOA documents with various online archiving services, which then charge users to download the documents once access to the documents has been authorized by the Board of Directors or Management. The fees for retrieving documents from these services can be substantial, so it is important for the buyer to establish in their offer which party will be responsible for payment of any such fees.
Once the purchaser has received confirmation of their order they should submit any and all meeting minutes provided by the seller. CIDA’s examiners will review the meeting minutes submitted by the purchaser to determine if there are any additional documents that should be requested from the seller.
CIDA will notify the purchaser of the Report if there are any additional documents that should be requested.
Once all of the documents have been submitted, CIDA will begin work on the CIDA Report. It is important for the purchaser to notify CIDA when they are satisfied that all documents have been received, as CIDA’s examiners have no way of determining when the transfer of documents from the seller to the buyer has been completed.
Delivery of the CIDA Report: Once your CIDA Report has been completed, CIDA will forward the Report via email to the address we have on file for the authorized user who ordered the report. To protect the privacy and confidentiality of the purchaser and the homeowners association which is the subject of the due diligence examination, CIDA requires that circulation of the report be limited to the authorized user and those parties with a legal agency relationship to the authorized user, or other parties specifically identified in the preceding paragraph.
In most instances your CIDA Report will be available within 48 hours of when we receive all of the required documentation. Partial document submissions will only delay the completion of the due diligence process and the completion of the CIDA Report. If you are under an offer deadline it is critical that all of the required documents are available at the time the order for the CIDA Report is submitted, and that the order is received as soon after the acceptance of the offer as possible. CIDA is not responsible for delays resulting from the failure of the documents to be made available in a timely manner.
Confidentiality of Documents: By placing an order for a CIDA Report the purchaser is agreeing to provide the documentation at no cost to CIDA. The CIDA Report, the CIDA Score and all documents obtained by CIDA during the course of the due diligence investigation are considered confidential information by CIDA. After the report has been delivered, CIDA will retain permanent possession of all documents obtained during the course of our investigation. All documents delivered by CIDA to the purchaser of the CIDA Report are considered confidential and are subject to the terms and restrictions set forth in this agreement.
Authorized Use of the CIDA Report: The purchaser of the CIDA Report is considered the authorized user of the report by CIDA. Ownership of the report content or any intellectual property related to the CIDA Report, including the CIDA Score, does not extend to the authorized user as a result of the purchase, either currently or at any point in the future. The content of the CIDA Report may not be copied, reproduced by electronic or mechanical means; or otherwise distributed to any third-party for any purpose other than the use or uses intended by CIDA and which are expressly permitted by the terms of the agreement, unless the authorized user has received written permission from CIDA, which if so granted shall not constitute a waiver of any other provisions of this agreement.
The authorized user may share the CIDA Report only with the parties directly involved in the purchase of real property (subject property) which is the subject the authorized user’s offer to purchase same; and which as a result of the offer to purchase has caused the authorized user to engage the services of CIDA to perform a financial due diligence investigation into the specific homeowners association in which the subject property is located. The parties directly involved in the sale shall include the seller; a lender, legal adviser or co-purchaser working on behalf of the purchaser and any real estate professionals who have an agency relationship with the buyer or the seller. In this context the term “agency relationship” is assumed to be the legal definition under the Oregon laws governing real estate transactions.
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS, AND TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION CLAIM.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH CID ANALYTICS, INC., OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (“Terms”) apply to the purchase and sale of products and services through cidanalytics.com (“Site”). These Terms are subject to change by CID Analytics, Inc. (referred to as “CIDA,” “us,” “we,” or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
Order Acceptance and Cancellation: You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders at our sole discretion. After having received your order, we will send you a confirmation email which contains details of the transaction for your records. Acceptance of your order and the formation of the contract of sale between CID Analytics, Inc. and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by calling our Customer Service Department at 1-800-218-0302.
Prices and Payment Terms: All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes. All such taxes and charges will be added to your merchandise total and will be itemized in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Visa, MasterCard and Discover Card for all purchases. You may also initiate your payment from your PayPal account. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
Refunds: CIDA will refund 100% of the purchase price of the CIDA Report if you decide to cancel your order for any reason as long as the cancellation notice is received prior to delivery of the CIDA Report. Delivery of the CIDA Report under the terms of this agreement shall not be based on when the purchaser receives the report; rather it is determined by when the report is transmitted either by email or a mutually agreed upon file sharing service, including but not limited to Dropbox, WeTransfer, Google Drive and OneDrive.
For the purpose of determining whether the report has been delivered, it is agreed that point of delivery of the CIDA Report shall be determined by the date and time indicated in the email message originated by CIDA, which is addressed to the purchaser of the CIDA Report and/or the real estate agent who is representing the purchaser in the transaction, and to which the completed CIDA Report (“deliverable”) has been attached. If a file-sharing service is used to transmit the final CIDA Report to the purchaser the point of delivery shall be the date and time indicated by the file-sharing service as the date and time when the CIDA Report was uploaded to the file sharing platform, regardless of when the purchaser might retrieve the file containing the CIDA Report from the file sharing service.
LIMITED WARRANTY: THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM MATERIAL DEFECTS IN MATERIALS AND WORKMANSHIP.
WE ALSO WARRANT THAT DURING THE WARRANTY PERIOD THE SERVICES PURCHASED FROM THE SITE WILL BE PERFORMED IN A PROFESSIONAL MANNER AND IN ACCORDANCE WITH GENERALLY RECOGNIZED INDUSTRY STANDARDS FOR SIMILAR SERVICES.
WE EXPRESSLY DISCLAIM ALL OTHER REMEDIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANT-ABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REMEDIATION, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. OUR RESPONSIBILITY FOR DEFECTIVE SERVICES IS LIMITED TO REMEDIATION, RE-PERFORMANCE OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT.
Who May Use This Warranty?
This limited warranty extends only to the original purchaser of products and services from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.
What Does This Warranty Cover?
This limited warranty covers during the Warranty Period (as defined below) material defects in products and services purchased from the Site.
What Does This Warranty Not Cover?
This limited warranty does not cover any damages due to:
What is the Period of Coverage?
This limited warranty starts on the date of your purchase and lasts for 90 days (“Warranty Period”). The Warranty Period is not extended if we remediate or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
What Are Your Remedies Under This Warranty?
With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) remediate or replace such products free of charge or (ii) refund the purchase price of such products.
With respect to any defective services during the Warranty Period, we will, in our sole discretion, either: (i) repair or re-perform the defective services free of charge or (ii) refund the purchase price of such services.
How Do You Obtain Warranty Service?
To obtain warranty service, you must call 1-800-218-0302 or email our Customer Service Department at email@example.com during the Warranty Period to establish a warranty claim. No warranty service will be provided without having submitted a request for a refund by contacting our Customer Service Department.
Limitation of Liability
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
What can you do in case of a dispute with us?
The informal dispute resolution procedure detailed in Section 9 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
Dispute Resolution and Binding Arbitration
YOU AND CID ANALYTICS, INC. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 10 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of CID Analytics, Inc.
No Third Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To Us. To give us notice under these Terms, you must contact us as follows: 1-800-218-0302. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
Severability: If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Limitation of Liability: In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. CID Analytics, Inc. will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
Copyrights/Trademarks: All content and materials available on cidanalytics.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of CID Analytics, Inc., and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by CID Analytics, Inc.
Termination of Use: You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
Contact Information: If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
CID Analytics, Inc: 8630 SW Scholls Ferry Rd., Suite 216, Beaverton, OR 97008
800-218-0302 / firstname.lastname@example.org