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User Agreement



IMPORTANT-READ CAREFULLY: IMPORTANT-READ CAREFULLY: This is an agreement between you (either an individual or an entity) and Cole Information Services, Inc., a Nebraska corporation ("Cole Information"). Please read this Agreement carefully before using the Cole Information mobile application (referred to as the “Product”). If you are not willing to be bound by the terms of this Agreement, you should click on the button marked “I DO NOT ACCEPT” and you may not access or otherwise use the Product. Your clicking on the button marked “I ACCEPT” indicates that you have the proper authority to enter into this Agreement and your acknowledgement that you have read, understand and accept these terms and conditions. This Agreement represents the entire agreement concerning the Product between you and Cole Information, and it supersedes any prior proposal, representation or understanding between the parties.

The Product is protected by trade secret laws, copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Product is licensed, not sold.

1. Limited Nonexclusive Subscription. Cole Information grants to you, and you accept, a nonexclusive, nontransferable, limited subscription to access and use the Product.

2. Availability. Cole Information shall use commercially reasonable efforts to provide the Product with (a) a continuous, full and unrestricted connection to the Internet for approximately twenty-four (24) hours each day, subject to Section 3 below, and (b) regular routine and other systems administration and support services. Cole Information shall conduct its standard Product maintenance and other standard systems administration services during non-business hours. Cole Information will use commercially reasonable efforts to provide Customer with twenty-four (24) hours notice prior to scheduled service. Any service interruption for scheduled maintenance shall not exceed the time reasonably necessary to complete such maintenance.

3. Unavailability. You acknowledge that from time to time the Product may be inaccessible or inoperable due to causes beyond the control of Cole Information, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Cole Information may undertake from time to time; or (iii) other causes beyond the control of Cole Information or which are not reasonably foreseeable by Cole Information, for example, interruption or failure of telecommunication or digital transmission links, including delays or failures due to Internet problems, hostile network attacks, network congestion, or other failures. You agree that Cole Information has no control over the stability and throughput speed of the Internet or the availability of the Product on a continuous or uninterrupted basis.

4. Restrictions and Confidentiality Obligations. You agree that you will not (a) reverse engineer, disassemble or decompile the Product except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (b) assign, sublicense, transfer, give, disclose, pledge, lease, rent or share any portion of the Product or your rights under this Agreement; (c) modify or prepare derivative works of the Product; (d) make the Product or any portion of it available to any other party or entity; or (e) use the Product in a competing business. You agree to keep confidential and use your best efforts to prevent and protect the Product from unauthorized disclosure or use.

5. Cole Information's Rights. You acknowledge and agree that the Product is proprietary to Cole Information and protected under United States laws and international treaty. You further acknowledge and agree that all right, title and interest in and to the Product, including all associated intellectual property rights in the Product, are and shall remain with Cole Information. This Agreement does not convey to you an interest in or to the Product, but only a limited subscription to use, revocable in accordance with the terms of this Agreement.

6. Data Collection. You acknowledge and agree that the Product will collect, maintain, transmit, store and process certain information in conjunction with your use of the Product. Such information may include, but is not limited to: geolocation and gps information, photos, addresses, sales information, customer information, etc. When you upload or make such information available you grant Cole Information a fully-paid, non-exclusive, perpetual license to use such information in conjunction with the Product and any other products or services of Cole Information, including the right to make such information available to third parties.

7. Your Warranty and Indemnification. You represent and warrant to Cole Information that your use of the Product will at all times comply with this Agreement and all applicable law rules and regulations. You hereby agree to indemnify and hold harmless Cole Information and its employees, licensors, independent contractors, providers, subsidiaries, authorized resellers and affiliates (collectively, the “Affiliates”) from and against any and all liability and costs incurred by the Affiliates in connection with any claim arising out of (a) any breach by you of any of the foregoing representations, warranties and covenants, including, without limitation, attorneys’ fees and cost; (b) any claim that data or other content provided by you infringes the intellectual property rights or other proprietary rights of a third party; (c) any claim that the data or other content provided by you constitutes defamation or a violation of the right to privacy or publicity of a third party; (d) any claim that you misused the product to a commit a crime, tort, invasion of privacy, stalking or other violation of federal or state privacy law, harassment, or other unlawful activity or (e) any claim by a third party related to your use of the Product. You shall cooperate fully in the defense of any claim. Cole Information reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Cole Information.

8. Term. This Agreement is effective when you click the “I ACCEPT” button or use the Product, whichever is earlier. You or Cole Information may terminate this Agreement at any time by providing the other party written notice. Upon such termination, you agree to return to Cole Information the Product and all copies and portions thereof.

9. Subscription and Billing.By accepting these terms you are expressly agreeing that we are authorized to charge you a subscription fee at the then current rate to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). Please note that prices and charges are subject to change with notice. The fee will be billed at the beginning of your subscription and each period thereafter unless and until you cancel your product or we terminate your subscription.


You must cancel your subscription before it renews in order to avoid billing of the next cycles subscription fees to your Payment Method, no later than 5 days prior to your renewal date. We will bill the subscription fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). To cancel, call Customer Service at (800) 283-2855.


11. Limitation of Liability. IN NO EVENT SHALL COLE INFORMATION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF COLE INFORMATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

12. U.S. Government Restricted Rights. The Product is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer for such purpose is: Cole Information Services, Inc., a Nebraska corporation, having its office at Omaha, NE.

13. Electronic. The Parties desire to facilitate certain transactions pursuant to this Agreement by exchanging documents, records and signatures electronically or by utilizing electronic agents. The use of electronic facilities or agents shall be in accordance with procedures established by Cole Information and governed by the applicable provisions of the Uniform Electronic Transactions Act as adopted in the State of Nebraska.

14. Miscellaneous. This Agreement shall be construed and governed in accordance with the laws of the State of Nebraska without reference to its conflict of law rules. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. The parties agree that any cause of action or litigation involving the alleged breach or enforcement of this Agreement or any claim arising hereunder shall be filed exclusively in federal or state court in Douglas County, Nebraska, and you hereby irrevocably consent to the jurisdiction of any federal or state court in Douglas County, Nebraska. Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof. No modification or waiver of this Agreement or any provisions shall be binding unless made in writing and signed by the parties hereto. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. Should you have any questions concerning this Agreement, or if you desire to contact Cole Information for any reason, please contact: Cole Customer Service at (800)283-2855, 17041 Lakeside Hills Plaza, Suite 2, Omaha, NE 68130, email:

15. Flow-Down Provisions. You further agree to and are bound by the Cole Realty Resource Terms and Conditions required by Cole Realty Resource to flow-down and apply to Cole Information consumers and users such as yourself. The Cole Realty Resource Terms and Conditions are attached hereto as Exhibit A and incorporated herein by reference.

Exhibit A


1. Sales and Use Tax Notice. If sales tax was not charged by Cole Information on your purchase, it is your responsibility as a purchaser in your state to determine, report, and submit any use taxes due to your state.

2. Agreement. This Agreement contains the standard terms and conditions for Cole Information Services ("Cole") licensing of consumer and/or business data in fixed media Directories for reference and/or marketing purposes (hereinafter referred to as the "Services").

3. Term. The term of this Agreement shall begin upon the Effective Date set forth below and shall continue in effect until the termination or expiration of this Agreement or any supplementary Schedules issued pursuant to this Agreement, unless earlier terminated in accordance herewith.

4. License. Cole hereby grants to Client a limited, non-exclusive, nontransferable license for the term of this Agreement, to use the data ("Cole Data") provided in conjunction with the Services solely for the permitted uses and in accordance with the other terms and conditions of this Agreement ("Data License"). This Data License is granted strictly to Client for the purposes expressly set forth in this Agreement. For purposes of this Agreement, any companies affiliated with Client shall be considered third parties with respect to use of, or access to, the Licensed Data.

5. Fees and Payment. Client will pay Cole for the Services in the amounts agreed upon and set forth in the attached Schedule A-Pricing Document ("Schedule A"). Unless otherwise provided in the attached Schedule A, Cole shall have the right to revise or amend the pricing by providing thirty (30) days prior written notice to Client before such revision or amendment becomes effective. Cole’s invoices will be deemed to be correct and acceptable to Client.

6. Confidential Treatment. Under no circumstances will Client resell or otherwise disclose to any other person, other than employees, contractors or agents whose duties reasonably relate to the lawful business purpose for which the Services were obtained, any of the Services or Cole Data that Cole delivers to Client. Client hereby acknowledges that the Services and/or Cole Data provided include personal information pertaining to individual consumers, and requires that Client treat such information responsibly and take reasonable steps to maintain appropriate confidentiality and to prevent unlawful dissemination or misuse by its employees, officers, agents or any other person with access to such information. The Services and Cole Data shall only be used as expressly authorized in this Agreement.

7. Compliance with Laws. Client agrees to comply with all federal, state and local laws, rules and regulations applicable to its receipt and use of Cole Data. Cole reserves the right to revise the terms, or conditions, or pricing under this Agreement, or the Services (including without limitation the right to withdraw or restrict affected Cole Data), including the right to impose reasonable restrictions and/or requirements, to meet any requirement imposed by federal, state, or local law, rule or regulation, or to address matters concerning privacy and confidentiality, upon reasonable notice to Client, when possible under the law. Client agrees to strictly comply with such restrictions and/or requirements.

8. Data and Intellectual Property Ownership. Client acknowledges that Cole and/or its data supplier(s) have expended substantial time, effort and funds to create and deliver the Services and compile various databases. Accordingly, nothing contained in this Agreement shall be deemed to convey to Client or to any other party any ownership interest in or to intellectual property of Cole Data provided in connection with the Services.

9. Termination for Cause. If either party is in material breach of this Agreement, the non-breaching party may terminate this Agreement, as applicable, provided such breach is not cured within ten (10) days following written notice of such breach. Notwithstanding the foregoing, this Agreement may be terminated by Cole immediately upon written notice to Client if in Cole’s reasonable good faith judgment any Services and/or Cole Data provided to Client are being used or disclosed contrary to this Agreement. In the event that this Agreement is terminated as a result of the breach, the non-breaching party shall, in addition to its rights of termination, be entitled to pursue all other remedies against the breaching party subject to the terms of this Agreement. Termination of this Agreement shall not relieve Client of its obligation to pay for any Services performed or provided by Cole under this Agreement or any Schedule.

10. Data Restrictions. The following data restrictions apply only to the Cole Data.

10.1 Use. Unless otherwise agreed, and reflected in Schedule A, Client is permitted to use the Cole Data for one of the following purposes: (i) direct mail, (ii) conducting telephone solicitations, or (iii) conducting telephone or direct mail surveys. Upon Termination of this Agreement for any reason, all previously authorized use as described herein shall cease and Client shall, at Cole’s request, promptly return to Cole

10.2 Resale Prohibition. Client agrees that it will not, (i) copy or otherwise reproduce any Cole Data except as necessary for back up or security purposes, (ii) resell, or otherwise provide or disclose to any third party, any Cole Data, in whole or in part, for any purpose whatsoever, and/or (iii) attempt, directly or indirectly, to discover or reverse engineer any confidential and proprietary criteria and/or methodology developed or used by Cole in performing the Services.

10.3 Manner of Use. Client agrees that it will use the Cole Data provided under this Agreement for (reference and/or marketing) purposes only, in accordance with applicable federal, state and local laws, industry guidelines including but not limited to Direct Marketing Association Guidelines (, Client’s own privacy policies and in a manner that gives due consideration to matters concerning privacy and confidentiality. Client will not in any marketing communication with any consumer utilizing Cole Data refer to any selection criteria or presumed knowledge about the recipient. The Cole Data may not, (i) be merged or incorporated with any other non-Client third party file without the express written consent of Cole, (ii) be used to enhance a file or list owned by any third party, (iii) be used to develop any file, list, enhancement or other product, (iv) and/or to prepare, publish, clean or maintain any directory. Client shall not grant access to the Cole Data to individuals incarcerated in prisons or correctional institutions. Client shall not combine any Cole Data with any personally identifiable consumer data collected online unless the subject consumer has been given adequate notice and choice with respect to such use, and Client has complied with and continues to comply with such notice.

10.4 Internet Use. Client shall not use Cole Data or Services in any electronic solicitation or internet application without the prior written consent of Cole.

10.5 Copy Review. Upon request, Client will provide Cole with a copy of all components of any direct marketing offer, including without limitation all mail pieces, letters, inserts and envelopes or any telephone script ("market communication pieces") for review and approval prior to conducting any associated solicitation or survey utilizing Cole Data. Such review shall be for the purpose of ensuring consistency with the restrictions set forth in this Agreement. Cole may suspend or cancel Services where Client fails to comply with this requirement.

10.6 Security. Client shall provide for the physical security of Cole Data provided for Services with the same degree of care (provided that such is a reasonable degree of care) that Client uses to protect Client’s own most sensitive data. Following any termination of this Agreement, Client shall destroy or return to Cole all Cole Data provided under this Agreement.

10.7 FCRA. Client understands that Cole Data has not been collected for credit purposes and is not intended to be indicative of any consumer’s credit worthiness, credit standing, credit capacity, or other characteristics listed in Section 603(d) of the Fair Credit Reporting Act ("FCRA"), 15 USC Section 1681a. Client represents and warrants that it shall not use any Cole Data as a factor in establishing any consumer’s eligibility for (i) credit or insurance used primarily for personal, family or household purposes, (ii) employment purposes, or (iii) other purposes authorized under Section 604 of the FCRA, 15 USC Section 1681b or any similar statute.

10.8 Do Not Call ("DNC"). Client acknowledges that certain laws, rules and regulations restrict telemarketing activities, including those that permit consumers to give notice that they do not wish to receive telephone solicitation calls. Due to the varying and changing nature of such laws, rules and regulations and the nature of Client’s intended use of (Cole Data within fixed media), Cole makes no warranty that the names or telephone numbers of such individuals have been identified on or deleted from the Cole Data and shall have no liability with respect thereto.

11. Warranty and Disclaimers. Cole warrants to Client that Cole will use commercially reasonable efforts to deliver the Services and/or Cole Data in a timely manner. Because the Services and/or Cole Data involve conveying information provided to Cole by other sources, Cole cannot and will not, for the fee charged for the Services and/or Cole Data, be an insurer or guarantor of the accuracy or reliability of the Services and/or Cole Data. THE WARRANTY IN THE FIRST SENTENCE OF THIS PARAGRAPH IS THE ONLY WARRANTY Cole HAS GIVEN CLIENT WITH RESPECT TO THE SERVICES and/or Cole DATA. Cole MAKES NO REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, ANY Cole DATA, OR ANY OTHER MATERIALS (TANGIBLE OR INTANGIBLE) SUPPLIED BY Cole HEREUNDER, AND Cole HEREBY EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT THERETO, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES AS TO THE ACCURACY, COMPLETENESS OR CURRENTNESS OF ANY DATA OR ANY IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

12. Limitation of Liability. Client acknowledges that Cole does not undertake a separate investigation for each inquiry or request for Services and/or Cole Data made by Client. Client also acknowledges that the prices Cole charges for the Services and/or Cole Data are based upon Cole’s expectation that the risk of any loss or injury that may be incurred by use of the Services and/or Cole Data will be borne by Client and not Cole. Client therefore agrees that it is responsible for determining that the Services and/or Cole Data are in accordance with Cole’s obligations under this Agreement. If Client reasonably determines that the Services and/or Cole Data do not meet Cole’s obligations under this Agreement, Client shall so notify Cole in writing within ten days after receipt of the Services and/or Cole Data in question. Client’s failure to so notify Cole shall mean that Client accepts the Services and/or Cole Data as is. If Client so notifies Cole within ten days after receipt of the Services and/or Cole Data, then, unless Cole reasonably disputes Client’s claim, Cole shall, at its option, either reperform the Services in question or issue Client a credit for the amount Client paid to Cole for the nonconforming Services, and/or re-deliver the Cole Data. COLE’S REPERFORMANCE OF THE SERVICES OR RE-DELIVERY OF THE COLE DATA, OR THE REFUND OF ANY FEES CLIENT HAS PAID FOR SUCH SERVICES OR COLE DATA, SHALL CONSTITUTE CLIENT’S SOLE REMEDY AND COLE’S MAXIMUM LIABILITY UNDER THIS AGREEMENT. IF NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED ON COLE, THEN CLIENT AGREES THAT COLE’S TOTAL LIABILITY FOR ANY OR ALL OF CLIENT’S LOSSES OR INJURIES FROM COLE’S ACTS OR OMISSIONS UNDER THIS AGREEMENT, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE RIGHT CLAIMED TO HAVE BEEN VIOLATED, SHALL NOT EXCEED THE AMOUNT PAID BY CLIENT TO COLE UNDER THIS AGREEMENT FOR THE PARTICULAR SERVICES OR COLE DATA WHICH ARE THE SUBJECT OF THE ALLEGED BREACH DURING THE SIX MONTH PERIOD PRECEDING THE ALLEGED BREACH BY COLE. CLIENT COVENANTS THAT IT WILL NOT SUE COLE FOR ANY AMOUNT GREATER THAN SUCH AMOUNT. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES TO BUSINESS REPUTATION, LOST BUSINESS, OR LOST PROFITS), WHETHER FORESEEABLE OR NOT AND HOWEVER CAUSED, EVEN IF SUCH PARTY IS ADVISED OF THE POSSIBILITY THAT SUCH DAMAGES MIGHT ARISE.

13. Waiver. Either party may waive compliance by the other party with any covenants or conditions contained in this Agreement, but only by written instrument signed by the party waiving such compliance. No such waiver, however, shall be deemed to waive any other circumstance or any other covenant or condition not expressly named in the written waiver.

14. Binding Arbitration. Any dispute arising out of or relating to this Agreement or any Schedule shall be resolved in a binding arbitration under the auspices of the American Arbitration Association in Nebraska. In addition to all other rights and remedies a party may have, the prevailing party in any arbitration or legal action shall be entitled to an award of its reasonable attorneys’ fees and costs. This binding arbitration provision shall not, however, prevent either party from seeking equitable or injunctive relief, or from pursuing an action to collect unpaid amounts due under this Agreement, in a court of competent jurisdiction

15. Audit. Cole will have the right to audit Client’s and any of its agent’s use of the Services and/or Cole Data to assure compliance with the terms of this Agreement. Client will be responsible for assuring full cooperation with Cole in connection with such audits and will provide Cole or obtain for Cole access to such properties, records and personnel as Cole may reasonably require for such purpose.

16. Successors and Assigns. This Agreement will be binding upon and will inure to the benefit of the parties hereto and their respective heirs, representatives, successors and permitted assignees. This Agreement may not be assigned, transferred, shared or divided in whole or in part by Client without Cole’s prior written consent.

17. Excusable Delays. Neither party shall be liable for any delay or failure in its performance under this Agreement (except for the payment of money) if and to the extent which such delay or failure is caused by events beyond the reasonable control of the party including, without limitation, acts of God, public enemies, or terrorists, labor disputes, equipment malfunctions, material or component shortages, supplier failures, embargoes, rationing, acts of local, state or national governments or public agencies, utility or communication failures or delays, fire, earthquakes, flood, epidemics, riots and strikes. If a party becomes aware that such an event is likely to delay or prevent punctual performance of its own obligations, the party will promptly notify the other party and use its best effort to avoid or remove such causes of nonperformance and to complete delayed job whenever such causes are removed.

18. Choice of Law. This Agreement is governed by and construed in accordance with the internal substantive laws of the State of Nebraska.

19. Notices. All notices, requests and other communications hereunder shall be in writing and shall be deemed delivered at the time of receipt if delivered by hand or communicated by electronic transmission, or, if mailed, three (3) days after mailing by first-class mail with postage prepaid. Notices to Cole and Client shall be addressed to the addresses provided below each party’s signature, or to such other address as either party shall designate in writing to the other from time to time.

20. Complete Agreement. This Agreement, sets forth the entire understanding of Client and Cole with respect to the subject matter hereof and supersedes all prior letters of intent, agreements, covenants, arrangements, communications, representations, or warranties, whether oral or written, by any officer employee, or representative of either party relating thereto. Neither party is relying on any statement, representation or warranty which is not set forth in this Agreement.

21. Amendments. This Agreement may only be amended in writing signed by authorized representatives of both parties.

22. Survival. The provisions of Sections 5-12, 15 and 19, in addition to any other provisions of this Agreement or any Schedule that would normally survive termination, shall survive termination of this Agreement for any reason.

23. Authority to Sign. Each party represents that the person signing this Agreement has all right, power and authority to sign this Agreement or any Schedule on behalf of such party.