Terms of Service
Lodgepole is a service provided by David W. Kucera, an individual, doing business as Lodgepole Property Advisors (Lodgepole). Contact: [email protected].
These Terms of Service ("Terms") cover your use of https://www.lodgepoleadvisors.com (the "Site") and any report you order from us. "Lodgepole," "we," "us" and "our" mean Lodgepole Property Advisors, a service provided by David W. Kucera, an individual, based in Clovis, California. Lodgepole serves California properties only. "You" means the person using the Site or placing an order. By using the Site or placing an order, you agree to these Terms, our Privacy Policy and our Refund Policy.
1. What we offer
Lodgepole is a property advisory service for California properties. Through the Site you can order digital reports for one California property at a time:
- Long-Term Rental Analysis ($39): a long-term rent range based on recent comparable rentals, compared with the rent you are getting or would like to get (dollar and percent difference from the midpoint, per month and per year), and net operating income (NOI) shown monthly and annually at your rent. If you leave the rent blank, the midpoint of the range is used as a stated assumption. The comparison is arithmetic only and is not advice on what rent to charge. Lease terms and California rent rules apply to any change in rent and are for you to check; this is not legal advice.
- Rental Strategy Comparison ($39): estimated income, costs, NOI, and cash flow for one property as a long-term rental and as a short-term rental, side by side, under stated assumptions.
- Both rental reports ($59, save $19): the Long-Term Rental Analysis and the Rental Strategy Comparison for the same property.
Other reports shown on the Site as "coming soon" are not available to order yet. When they are, they will work only from numbers you enter, such as a purchase price, rehab cost and resale value.
You can also use the Site to ask to talk with a Lodgepole advisor. Sending that request doesn't create a paid engagement. Any paid advisory work beyond a report is agreed with you separately, in writing, before it starts.
2. What our reports are, and what they are not
Our reports are advisory. They show scenarios built from public data, market information, stated assumptions and the information you give us. They are general information about one property.
- A report shows scenarios and the assumptions behind them. It does not give an opinion of a property's value, propose a list price, or act as a listing proposal or a property management agreement.
- A report is general information. It is not financial, investment, tax, legal, lending or insurance advice, and it doesn't create an attorney, accountant, broker, lender or insurance relationship.
- Figures are estimates, not guarantees. Actual rent, occupancy, expenses, rules and results can differ, and markets change.
- Our comparisons don't confirm that short-term renting is allowed at your property or that a permit or license is available. Check with your city, county and any HOA.
Many owners talk with a qualified professional about their own situation before acting on a report. If you'd like to go over your results, you can talk with a Lodgepole advisor.
3. Your information
You agree to give us accurate information and to order reports only for California property you own, manage, or are considering, or where you have the owner's permission. We rely on what you tell us. If information you give us is incomplete or wrong, the report may be too.
4. Ordering and payment
- Prices are in U.S. dollars and are shown on the Site and at checkout before you pay.
- Payment is processed by Stripe on its secure checkout page. We don't see or store your full card number.
- Every order is a one-time purchase. There are no subscriptions, and nothing renews automatically.
- The order form accepts California addresses only. We may decline or cancel an order, for example if the property is outside California or if we can't produce a report for the address. If we do, we'll refund you in full.
5. Promo codes
Promo codes are entered on the Stripe checkout page. One code can be used per order. Codes can't be combined, can't be added after purchase, have no cash value, and may expire or carry conditions stated with the code.
6. Delivery
We email your report to the email address you used at checkout, within the delivery time shown on the Site for that report. Please check your spam folder and add [email protected] to your contacts. If your report hasn't arrived within the delivery time shown, email us and we'll sort it out. If your report isn't delivered within 48 hours of your order, you can get a full refund.
7. Refunds
Our Refund Policy explains when you can get a refund, including a full refund if you cancel before we deliver your report, if it isn't delivered within 48 hours of your order, or if we can't produce it for your address, and a fix or a refund if your report contains a material error. It is part of these Terms.
8. How you can use your report
Your report is for your own use in thinking through what to do with your property. You're welcome to share it with co-owners, family members and professionals who help you, such as your accountant, attorney, lender or agent. Please don't resell it, publish it, or use it to build a competing product. Lodgepole keeps all rights in the report format, text and methods.
9. Using the Site
Please don't misuse the Site. That includes trying to interfere with how it works, submitting false or automated orders, or sending anything unlawful or harmful through our forms.
10. Other professionals
Lodgepole doesn't provide brokerage, lending, insurance, tax, legal or property management services. If the path you choose needs a licensed professional (for example a real estate agent or broker, lender, insurance agent, attorney, tax advisor or property manager), you choose who to use. You're never required to use anyone connected with Lodgepole or Dave Kucera, and any work a professional does for you is between you and them.
11. Dave Kucera's other businesses
Dave Kucera, the advisor behind Lodgepole, also works in other businesses, including real estate, mortgage, insurance and property management. Those businesses are separate from Lodgepole, and Lodgepole does not provide those services. Details about Dave and those businesses are on the About Dave page: https://www.lodgepoleadvisors.com/about-dave.html. Lodgepole reports are advisory. Ordering a report or talking with an advisor doesn't require you to use any of those businesses or their services. If one of them could be part of what you're considering, Dave will tell you up front. No one pays Lodgepole a referral fee or success fee for steering you to a company or service. If you choose to use one of those businesses, it is provided under a separate agreement with that company, not under these Terms.
12. Disclaimer
Except as stated in these Terms and our Refund Policy, and to the extent the law allows, the Site and reports are provided "as is," without other warranties of any kind, express or implied.
13. Limit of liability
To the extent the law allows, Lodgepole is not liable for indirect, incidental, special or consequential losses, including lost rent, lost profits, or decisions you make based on a report. Our total liability for any claim relating to a report or the Site is limited to the amount you paid for that report. Nothing in these Terms limits liability that can't be limited under applicable law.
14. Governing law and disputes
These Terms are governed by California law. If a problem comes up, please contact us first so we can try to fix it. If we can't resolve it, either of us may bring a claim in small claims court, or in the state or federal courts located in Fresno County, California.
15. Changes to these Terms
We may update these Terms from time to time. The "Last updated" date above shows when they last changed. The version in effect when you place an order applies to that order.
16. Notice for California users
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
17. Contact us
Lodgepole Property Advisors, David W. Kucera, an individual
Email: [email protected]
Phone: (303) 305-9421