These Terms of Service ("Terms") govern your use of theoccupancyreport.com (the "Site"), our newsletter, and our digital products. By using the Site or buying a product, you agree to these Terms. If you don't agree, please don't use the Site or our products.
1. Who we are
The Site and products are operated by Joshua Walcha ("The Occupancy Report," "we," "us," or "our"). You can contact us at theoccupancyreport.co@gmail.com.
2. Using the Site
You may use the Site for your own lawful, personal, or business use. You agree not to misuse the Site — for example, by attempting to disrupt it, access it in unauthorized ways, scrape it at scale, or use it to break the law. We may change, suspend, or discontinue any part of the Site at any time.
3. Newsletter
When you subscribe, you agree to receive our newsletter and related emails. You can unsubscribe at any time using the link in any email. See our Privacy Policy for how we handle your information.
4. Digital products and license
Our products are digital guides and materials. When you buy one, we grant you a personal, non-exclusive, non-transferable license to access and use it for your own use. Unless we say otherwise in writing, you may not resell, redistribute, share, sublicense, publicly post, or create derivative works from our products, and you may not remove any copyright or proprietary notices. We retain all ownership of the products.
5. Purchases and payment
Purchases are processed through Gumroad, our checkout and payment provider, which acts as the merchant of record for our products. When you buy, you also agree to Gumroad's terms and policies, and Gumroad handles payment processing and applicable sales tax. Prices and product details may change at any time, but changes won't affect orders you've already completed.
6. Refunds
Refunds are governed by our Refund Policy, which is part of these Terms.
7. Intellectual property
All content on the Site and in our products — including text, guides, checklists, templates, graphics, logos, and the name "The Occupancy Report" — is owned by us or our licensors and is protected by intellectual property laws. Except for the license described above, nothing in these Terms transfers any ownership or rights to you.
8. Educational use only; no professional advice
Our content and products are provided for general educational purposes only and are not financial, investment, tax, legal, real estate, or other professional advice. We do not guarantee any particular result. Please review our full Disclaimer, which is incorporated into these Terms.
9. Third-party links and services
The Site and products may link to or reference third-party tools, services, or websites. We don't control those third parties and aren't responsible for their content, products, or practices. Your dealings with them are solely between you and them.
10. Disclaimer of warranties
The Site and products are provided "as is" and "as available," without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Site or products will be uninterrupted, error-free, or that the information they contain is complete or accurate.
11. Limitation of liability
To the fullest extent permitted by law, The Occupancy Report and its owner will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising from your use of (or inability to use) the Site or our products. To the fullest extent permitted by law, our total liability for any claim relating to a product will not exceed the amount you paid for that product.
12. Indemnification
You agree to indemnify and hold harmless The Occupancy Report and its owner from any claims, losses, liabilities, and expenses (including reasonable legal fees) arising from your misuse of the Site or products, your violation of these Terms, or your violation of any law or third-party right.
13. Governing law
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. You agree that any dispute relating to these Terms or our products will be handled in the state or federal courts located in California, and you consent to their jurisdiction.
14. Changes to these Terms
We may update these Terms from time to time. When we do, we'll revise the "Last updated" date above. Your continued use of the Site or products after changes take effect means you accept the updated Terms.
15. Contact
Questions about these Terms? Email theoccupancyreport.co@gmail.com.