Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") are a legal agreement between you ("you," "your") and Welcome to Whatcom LLC ("Company," "we," "us," or "our") and govern your access to and use of https://www.welcometowhat.com and all related services (collectively, the "Site"). By accessing or using the Site, you accept and agree to be bound by these Terms, our Privacy Policy, and our DMCA Notice & Takedown Policy. If you do not agree to these Terms, you may not use the Site.

By using the Site's property search and IDX listing display features, you also agree to the MLS listing data terms set forth in Section 5.

2. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use this Site. By using the Site, you represent and warrant that you meet these requirements. If you are using the Site on behalf of an organization, you represent and warrant that you are authorized to bind that organization to these Terms.

3. About Us

Welcome to Whatcom LLC is owned and operated by Austin Hudspeth, Licensed Broker (WA License #24003869), affiliated with John L. Scott Real Estate. The Site is a real estate platform providing property search, neighborhood guides, market information, and real estate services for Bellingham and Whatcom County, Washington.

Real estate listing data displayed on this Site is sourced from the Northwest Multiple Listing Service (NWMLS) via MLS Grid. Welcome to Whatcom LLC and its licensed agents are participating members of NWMLS.

4. Changes to Terms

We reserve the right to revise and update these Terms at any time. All changes are effective immediately when posted and will be indicated by an updated "Last Updated" date. Your continued use of the Site after changes means you accept and agree to the modified Terms. We encourage you to review these Terms periodically.

5. MLS/IDX Listing Data Terms of Use

5a. Source Attribution

Real estate listing data displayed on this Site is provided by the Northwest Multiple Listing Service (NWMLS) through MLS Grid. Welcome to Whatcom LLC and its licensed agents are participating members of NWMLS.

5b. Personal, Non-Commercial Use Only

All listing data, including but not limited to property details, photographs, descriptions, and virtual tours, is provided solely for your personal, non-commercial use. You may view listing data for the purpose of identifying properties you may wish to purchase or sell. You may not use listing data for any commercial purpose, including but not limited to resale, redistribution, compilation into databases, or creation of derivative works.

5c. Prohibited Uses of Listing Data

You may not:

• Use any robot, spider, scraper, or other automated means to access, extract, or download listing data from the Site.
• Download, copy, screen-capture, or otherwise reproduce listing photographs. All listing photos are copyrighted by the listing broker or photographer.
• Republish, redistribute, or display listing data on any other website, application, or service without prior written consent.
• Frame, mirror, or deep-link to any page containing IDX listing data without prior written consent.
• Use listing data for appraisals or comparable market analyses unless you are a licensed appraiser or broker.
• Systematically collect or compile listing data, whether manually or through automated means, for any purpose.

5d. Data Accuracy Disclaimer

Listing information is compiled from various sources and has not been independently verified by Welcome to Whatcom LLC or its agents. All information should be independently reviewed and verified for accuracy by the buyer, buyer's agent, or appropriate professionals before making any decisions. Square footage, lot size, room dimensions, and property boundaries are approximate and should be verified by the buyer. Properties may or may not be listed by the office or agent presenting the information.

5e. Data Freshness

Listing data is updated approximately every 15 minutes from NWMLS via MLS Grid. Despite frequent updates, listing status (active, pending, sold) is subject to change without notice. You should verify listing availability directly with the listing agent before making decisions based on any information displayed on this Site.

5f. Listing Photo Copyright

All listing photographs displayed on this Site are copyrighted by the listing broker, photographer, or their assigns. Downloading, copying, screen-capturing, or any reproduction of listing photographs is strictly prohibited without the express written permission of the copyright holder. Unauthorized use of listing photographs may result in legal action.

6. User Accounts and Authentication

You may create an account on the Site using Google sign-in or email magic link. When you create an account, we collect and store your email address, name, and profile photo (if provided by your sign-in provider). You may also upload a custom profile photo to your account.

Account features include the ability to save favorite listings, save searches, add personal notes on saved properties, and view recently viewed properties. Certain browsing preferences and viewing history are stored locally on your device via browser storage. You are responsible for maintaining the security of your account and for all activity that occurs under your account.

You may request deletion of your account and all associated data at any time by contacting us at privacy@welcometowhat.com. See our Privacy Policy for complete details on how your data is handled.

We reserve the right to suspend or terminate your account at any time, with or without notice, if we reasonably believe you have violated these Terms or engaged in conduct that is harmful to the Site, other users, or Welcome to Whatcom LLC.

7. Intellectual Property

All content on the Site, including text, images, graphics, branding, logos, and software, is owned by or licensed to Welcome to Whatcom LLC and is protected by copyright and trademark laws. You may view and use this content only for your personal, non-commercial use. Any other use is prohibited without written permission.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes in accordance with these Terms. This license does not include any right to resell or commercially use the Site or its contents; collect or use any listing data, product descriptions, or prices; make derivative uses of the Site or its contents; or download or copy account information for the benefit of any third party.

Copyright Complaints (DMCA)

If you believe that content on this Site infringes your copyright, please refer to our DMCA Notice & Takedown Policy for complete instructions. You may submit copyright infringement notices to our designated agent at legal@welcometowhat.com.

8. Equal Housing Opportunity

Welcome to Whatcom LLC is committed to compliance with all federal, state, and local fair housing laws. We do not discriminate on the basis of race, color, religion, sex, national origin, familial status, disability, sexual orientation, gender identity, veteran or military status, immigration or citizenship status, or any other characteristic protected by applicable law.

All real estate advertised on this Site is subject to the Federal Fair Housing Act, the Washington Law Against Discrimination (RCW 49.60), and all applicable local ordinances. For more information, see our Fair Housing Notice.

9. Permitted Use

You agree to use the Site only for lawful purposes. You may not:

• Use the Site in any way that violates any applicable federal, state, local, or international law or regulation.
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site.
• Attempt to interfere with the proper working of the Site, including introducing viruses, trojans, worms, or other harmful material.
• Use any automated system, including bots, scrapers, or data mining tools, to access the Site or extract data without our prior written consent.
• Frame, mirror, or deep-link to any page containing IDX listing data without prior written consent.
• Impersonate or attempt to impersonate Welcome to Whatcom LLC, a Welcome to Whatcom LLC agent, another user, or any other person or entity.

10. User Submissions

When you submit information through contact forms, showing request forms, home valuation requests, or other inquiry forms on the Site, you agree that:

• The information you provide is accurate and belongs to you.
• You consent to receive communications from Welcome to Whatcom LLC related to your inquiry or request for real estate services, in accordance with our Privacy Policy.
• You may opt out of communications at any time by following the unsubscribe instructions included in each email or by contacting us directly.

11. Third-Party Services

The Site uses third-party services to operate and improve our platform. These services are governed by their own terms of service and privacy policies. For full details on how these services handle your data, please see our Privacy Policy.

Interactive maps and street-level imagery on the Site are provided by third-party mapping and street-level imagery providers. Your use of these features is subject to those providers' own terms of service and privacy policies.

The Site may contain links to third-party websites or services that are not owned or controlled by Welcome to Whatcom LLC. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Welcome to Whatcom LLC shall not be liable for any damage or loss caused by your use of any such content, goods, or services available through third-party websites.

12. Disclaimer of Warranties

THE SITE AND ALL CONTENT, FEATURES, AND SERVICES PROVIDED THROUGH THE SITE ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WELCOME TO WHATCOM LLC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY LISTING DATA OBTAINED FROM NWMLS OR MLS GRID. LISTING INFORMATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON WITHOUT INDEPENDENT VERIFICATION.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WELCOME TO WHATCOM LLC, ITS OWNERS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, REVENUE, OR PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

14. Indemnification

You agree to indemnify, defend, and hold harmless Welcome to Whatcom LLC, its owners, agents, affiliates, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your access to or use of the Site, your violation of these Terms, or your infringement of any intellectual property or other right of any person or entity.

15. Arbitration Agreement and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

15a. Agreement to Arbitrate

You and Welcome to Whatcom LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site (collectively, "Disputes") will be resolved through binding individual arbitration rather than in court, except that either party may seek equitable relief in court for infringement or misuse of intellectual property rights.

15b. Arbitration Procedures

Arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be conducted in Whatcom County, Washington, or at another mutually agreed location. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

15c. Class Action Waiver

YOU AND WELCOME TO WHATCOM LLC AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING.

15d. Waiver of Jury Trial

YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE.

15e. Opt-Out

You may opt out of this arbitration agreement by sending written notice to legal@welcometowhat.com within 30 days of first accepting these Terms. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of the arbitration agreement.

16. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law provisions. To the extent that litigation is permitted under these Terms, any legal action or proceeding shall be brought exclusively in the courts located in Whatcom County, Washington, and you consent to the personal jurisdiction of such courts.

Time Limitation on Claims

Any cause of action or claim you may have arising out of or relating to these Terms or your use of the Site must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action or claim is permanently barred.

17. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent.

18. Waiver

The failure of Welcome to Whatcom LLC to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Welcome to Whatcom LLC.

19. Entire Agreement

These Terms, together with the Privacy Policy, DMCA Notice & Takedown Policy, and any other legal notices or policies published on the Site, constitute the entire agreement between you and Welcome to Whatcom LLC regarding your use of the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

20. Contact Information

If you have questions about these Terms, please contact us:

• General inquiries: austin@welcometowhat.com
• Privacy inquiries: privacy@welcometowhat.com
• Legal / DMCA: legal@welcometowhat.com
• Phone: (360) 812-2080
• Mailing address: 3410 Woburn St, Bellingham, WA 98226