NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL
AGREEMENT
Terms of Use and End Users License Agreement ("Terms of Use")
The following software and subscription services are being provided to you by EquiMine Inc. ("EquiMine"). As such, by agreeing to access such software and services, the end user ("Client") hereby agrees to abide by the terms and conditions outlined below vis a vis Client and EquiMine in addition to any terms and conditions agreed to by and between EquiMine and Client pursuant to a previously entered into Student Purchase Agreement ("Agreement").
By subscribing to EquiMine you become a Client of EquiMine. EquiMine offers services to you, the Client, conditioned on your agreement to adhere to the following Terms of Use without modification or reservation of any kind.
Client's agreement with EquiMine and/or use of EquiMine's services constitutes Client's unconditional acceptance to these Terms of Use. These Terms of Use are subject to change by EquiMine, in its sole discretion, at any time, without prior notice by posting upon its web site.
Client understands that billing will occur as a monthly subscription fee as outlined during the signup process along with any upgrades, enhancements, or fee based services that Client may agree to within the Service or from the order page on EquiMine's website, or that of its affiliates, until Client cancels their subscription. Client may cancel at any time by contacting Customer Support at 877-226-7047 prior to the next billing cycle date.
In the event that Client's designated primary payment method declines for any subscription fee or additional charge that Client incurs, Client authorizes EquiMine to bill any and all additional credit cards or payment methods on file from Client with EquiMine to satisfy Client's outstanding balance(s).
Based upon the Client's agreement to adhere to, and fully comply with, these Terms of Use, EquiMine grants and conveys to the Client, during the term of Client's valid subscription, a non-exclusive, non-transferable license to use the data, information and services provided through the EquiMine website subject to the License Restrictions set forth hereafter.
License Restrictions
Client represents, warrants, affirms and agrees that the data,
information and services provided by EquiMine to Client
will only be used by Client and that Client will not permit or
allow the data, information and services to be used by any
agent, representative, consultant, officer, director,
shareholder, parent organization, subsidiary organization, third
party or any other person or entity unless Client has the
appropriate subscription allowing such expanded use. Client
consents that Client’s search volume, and that of any Team
Member(s) on Client’s account, is monitored to avoid abuse, data
duplication, “data mining”, and excessive or otherwise
non-customary search and usage patterns. Any such actions will
be determined by EquiMine in its sole discretion and will
result in an immediate termination of Client’s account. Client
further represents, warrants, affirms and agrees that Client
will not transfer, sell, convey, use, resell or sublicense any
data, information or services provided by EquiMine to
Client in any medium, form, manner or format whatsoever, for any
purpose including, but not limited to the following:
1. Use other than Client's own personal use, i.e. no commercial
purpose or use, or use of Client's account by others is
permitted;
2. Reproduction, reformatting, publication, distribution or
dissemination associated with any service or product provided or
made available to any third party;
3. Marketing or telemarketing uses;
4. World Wide Web, Internet or online uses;
5. Real estate valuation models, programs or systems;
6. Inclusion or in combination with any other service or product
of any kind;
7. Extracting, selecting or drawing out any data element for any
use;
8. Real estate appraisal;
9. Credit evaluation and/or supporting;
10. Evaluating risk, marketing sale of insurance products of any
kind, including but not limited to life, health, long-term care,
disability, casualty, umbrella, mortgage, title or property;
11. Debt collection; and
12. Marketing or sale of legal goods and/or services of any
kind, including but not limited to bankruptcy or real estate
title/lien history unless Client has the appropriate
subscription allowing such expanded use.
Team Accounts
Team Accounts may only be used by Team Members and each Team
Member must agree to Terms of Use & End User License
agreement before being granted access. Team Members are limited
to designated individuals who have a bona fide relationship with
the business that holds the Primary Account and have a
legitimate business need to access and use
EquiMine's services in connection with the
business that holds the Team Account. Team Members must be
either employees, or direct consultants or contractors of the
Primary Account Holder. A Team Member may not use the Service to
find, evaluate, contact investments or listing opportunities for
their own personal uses or for any business other than that of
the Primary Account Holder. The solicitation or acceptance of
money, or anything else of value, by the Primary Account holder
in exchange for granting access to EquiMine's
services to a Team Member is strictly prohibited and will result
in the immediate termination of the Account and may subject
Account Holder(s) to additional damages as permitted by law.
Acceptable Use Policy
By using the services, you agree that:
1. You will only use the services for lawful purposes, and not
for deceptive or fraudulent purposes; you will not send or store
any unlawful material.
2. You will not use the services to cause nuisance, annoyance or
inconvenience.
3. You will not use the services, or any content accessible
through the services, for any commercial purpose, including but
not limited to contacting, advertising to, soliciting or selling
to, any individuals.
4. You will not violate the publicity or privacy rights of
another individual.
5. You will not copy or distribute any content displayed through
the services.
6. You will not create or compile, directly or indirectly, any
collection, compilation, or other directory from any content
displayed through the services except for your personal,
noncommercial use.
7. The information you provide to us or otherwise communicate
with us is accurate.
8. You will not use the services in any way that could damage,
disable, overburden or impair any of our servers, or the
networks connected to any of our servers.
9. You will not attempt to gain unauthorized access to any part
of the services and/or to any service, account, resource,
computer system and/or network connected to any of our
servers.
10. You will not deep-link to the services or access the
services manually or with any robot, spider, web crawler,
extraction software, automated process and/or device to scrape,
copy or monitor any portion of the Services or any content on
the Services.
11. You will report any errors, bugs, unauthorized access
methodologies or any breach of our intellectual property rights
that you uncover in your use of the Services.
12. You will not impersonate another person, act as another
entity without authorization, or create multiple accounts.
13. You will not violate any state or federal law designed to
regulate electronic advertising;
14. You will not upload pictures, data, audio or visual files,
or any other content that is excessive in size, as determined by
us in our sole discretion.
Privacy and Security
We have adopted a Privacy Policy outlining our personal data
collection and use practices. Please refer to it for details
about how we collect and use your personal information. By
agreeing to the terms of this Agreement, you are automatically
agreeing to our Privacy Policy, which is incorporated herein by
reference.
By signing up for a paid subscription, you represent and warrant
that, as required by applicable law:
1. You adequately disclose any collection and use of personal
information received from us;
2. You agree to abide by all applicable email marketing,
privacy, and data protection laws when communicating with any
individuals whose personal information you received from us;
3. You will protect your user credentials and notify us of any
unauthorized use of your user credentials; and,
4. You agree to notify us of any complaints or privacy requests
regarding our Services from individuals whose personal
information you received from us.
Proprietary Rights
Client represents, warrants, affirms and agrees that the data,
information, services and EquiMine name are proprietary
information and property of EquiMine, its suppliers and/or
affiliates and are protected by copyright, trademark, trade name
and other proprietary rights. Client's license only allows
Client to use the data, information and services subject to the
express limitations and restrictions provided for in these Terms
of Use during the term of Client's valid subscription.
Consequences of Non-Compliance with Terms of Use
At any time that EquiMine believes, in its sole
discretion, that Client has violated any term, condition,
restriction, permitted use or limitation provided in these Terms
of Use, EquiMine may immediately terminate Client's
license and EquiMine may at its sole discretion provide
Client with a pro-rata refund (minus time and data accessed
during the term of the subscription). A pro-rata refund is at
the sole discretion of EquiMine and will vary depending on
severity of Non-Compliance.
Terms of Subscription
The term of Client's subscription is one month, but
automatically renews month-to-month unless terminated by Client
or EquiMine.
Termination
EquiMine reserves the right to cancel subscription
services and this license to Client at any time for any, or no
reason whatsoever, without recourse to Client beyond a pro-rata
refund of the monthly subscription/license fee paid by Client
for the remaining days of the then current month of prepaid
fees.
The Client may cancel the Client's subscriptions at any time. All fees due to EquiMine up to the end of the then-current monthly billing cycle at time of termination shall remain payable to EquiMine.
The Client may terminate their contract by contacting Customer Support at 877-226-7047 prior to the next billing cycle date.
Survival of Terms
The License Restrictions and Proprietary Rights described herein
survive any termination of this agreement and/or Client's
subscription.
Client Services
Client affirms that all of the information Client provides to
EquiMine, whether online or otherwise, is accurate and
complete. Client also agrees to update EquiMine with
current and accurate information, if at any time the information
Client provided to EquiMine changes, EquiMine
reserves its right to terminate or suspend access to
EquiMine services to any Client whose information
EquiMine believes, at EquiMine's sole
discretion, to be inaccurate or misleading.
EquiMine may from time to time offer eligible Clients promotional opportunities. Not all Clients may be eligible to receive all promotional opportunities.
OTHER SERVICE PROVIDERS- NON-LIABILITY OF EQUIMINE
From time to time EquiMine may include on its websites,
software, or service, third-party service providers not
associated with EquiMine, such as Skip Tracing Services,
Ringless Voice Mails, E-Mail Services, and Direct Mail Services.
EquiMine lists these services solely as an accommodation
to its clients. EquiMine is not responsible for and makes
no warranty or representation as to the quality or performance
of the services offered by or through these third party service
providers. It is the Client's responsibility, and EquiMine
encourages this for all clients, to independently investigate
the qualifications of each service provider and to carefully
review each service provider's service offerings prior to
entering into any engagement or transaction. Such services are
offered on an "AS-IS" basis and are subject to the limitations
and disclaimers of the third party providers, which are
available from the providers upon request. EquiMine cannot
and does not guarantee the outcome of the use of any such third
party services.
EquiMine is not responsible or liable for any acts or omissions created or performed by these other Service Providers. EquiMine's websites, software, or service, may contain links to websites maintained by third-party Service Providers. Such links are provided for Client convenience and reference only.
EquiMine does not operate or control, in any respect, any information, software, products or services available on such websites. EquiMine 's inclusion of a link to such websites does not imply any endorsement, warranty, guarantee or recommendation of these websites, contents, products or services of the sponsoring organization.
Third-Party Content and Screening
EquiMine does not have editorial control over the
statements, or other content provided, expressed or implied by
third parties. EquiMine reserves the right, but is not
obligated, to screen and review any content provided to
EquiMine and remove or edit any content, if it does not
comply with laws, rules or regulations, or for any other reason
EquiMine deems relevant. To the extent any content
contains personal information subject to applicable privacy
laws, please refer to EquiMine's Privacy Policy.
Modification of EquiMine Services
EquiMine reserves the right to modify or discontinue any
service, portion or attribute thereof, and the offering of any
information with or without notice to any Client. EquiMine
is not liable to any Client in the event that EquiMine
exercises its right to modify or discontinue any service.
PAYMENT OF CHARGES
A. EquiMine currently charges a monthly subscription fee.
The monthly subscription fee is calculated from the day of the
month that the Client's paid Subscription commences. The Client
authorizes EquiMine to, and the Client agrees that
EquiMine may, charge to the Client's credit card, debit
card or bank account, in advance, the Client's regular monthly
Subscription fee for each month of the Client's regular monthly
Subscription on a recurring basis. The Client authorizes
EquiMine to, and the Client agrees that EquiMine
may, modify and/or change the monthly Subscription fee charged
to the Client upon thirty (30) days' notice to the Client sent
by e-mail to Client's email of record on file with
EquiMine. The monthly Subscription fee is non-refundable
and accrues until canceled whether or not the Client accesses
the databases.
B. On Time Payment
The Client is required to pay all charges on time and agrees to
submit an accompanying payment authorization in connection with
these charges when requested by EquiMine. Credit card
transactions require an acceptable and currently
working/continuously valid credit card number/account.
EquiMine may terminate or disable the Client's
participation in EquiMine services if the Client fails to
pay fully and in a timely manner any and all amounts due to
EquiMine. If the Client's credit card expires or is
otherwise declined for payment, access to EquiMine
services and websites can be modified or suspended without
notice to the Client. EquiMine may, if necessary, extend
the expiration of your credit card in order to assure continued
service. If any Client payment is more than thirty (30) calendar
days past due, a monthly late fee in the amount of 1.5% of the
past due amount or the maximum allowable by law, whichever is
less, shall accrue per month, and the entire amount of unpaid
charges and/or any other outstanding balance (if any), plus this
assessment, will become immediately due and payable. The Client
shall pay all costs of collection, including legal fees,
incurred by EquiMine. The Client is responsible for any
premium charges incurred in connection with the use of
information, content, goods, products or services that are
provided at an extra cost. All fees are quoted and payable in
United States Dollars. The Client is also responsible for paying
all applicable taxes for information, content, goods, products
or services and any other costs incurred in connection with the
use of or access to EquiMine and EquiMine's
services.
C. Payment Methods
The Client's complete billing address and telephone number must
be provided to process payments. EquiMine accepts major
credit cards including Visa, MasterCard, Discover, and American
Express and may accept bank drafts, including personal checks,
money orders, cashier's checks, and company checks sent by mail.
EquiMine may charge a twenty-dollar ($20.00) handling fee,
or the maximum allowable by law, whichever is less, for each
check returned unpaid for insufficient funds or any other
reason.
D. Account Discrepancies
A Client may contact EquiMine Customer Service by e-mail
at support@fixflippros.com or telephone at 877-226-7047 concerning charges or
other questions regarding the status of the Client's Account.
However, if the Client's account questions are not
satisfactorily resolved within fifteen (15) business days of
Client's calling or sending an e-mail, and in no event later
than ninety (90) days after a questionable account billing or
other discrepancy should have been discovered, the Client must
write to the Customer Service Department, EquiMine, 26457
Rancho Parkway South Lake Forest, CA 92630, delivered by United
States mail or by fax to 866-203-5201. Otherwise, any and all
such Client complaints are irrevocably waived.
DISCLAIMERS AND LIMITATIONS
EquiMine attempts to ensure that the information contained
in its service is accurate and reliable; however, errors
sometimes occur. EquiMine does not guarantee the accuracy
of the information contained in this service and instructs you
to independently verify the accuracy of the information
provided. In addition, EquiMine may make changes and
improvements to the information provided herein at any time. THE
WEBSITES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES
ASSOCIATED WITH THEM ARE PROVIDED "AS IS." EQUIMINE,
ITS SUPPLIERS, PROFESSIONAL SERVICE PROVIDERS, THIRD-PARTY
CONTENT PROVIDERS AND OTHER SERVICE PROVIDERS DISCLAIM ANY
WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY
MATTER WHATSOEVER RELATING TO THE WEBSITES AND ANY INFORMATION,
SOFTWARE, PRODUCT, GOOD AND/OR SERVICE PROVIDED THEREIN,
INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NONINFRINGEMENT. BY THE CLIENT'S USE OF EQUIMINE 'S
SERVICE, THE CLIENT AGREES AND ACKNOWLEDGES THAT THE CLIENT'S
USE OF ALL EQUIMINE INFORMATION, SOFTWARE, PRODUCTS,
GOODS AND/OR SERVICES PROVIDED IN, BY OR THROUGH
EQUIMINE AND/OR ITS WEBSITES IS AT THE CLIENT'S OWN
RISK. EQUIMINE AND/OR ITS SUPPLIERS AND PROVIDERS,
ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OF EQUIMINE'S
SERVICE OR WITH THE DELAY OR INABILITY TO USE ITS WEBSITES, OR
FOR ANY INFORMATION, SOFTWARE, PRODUCTS, GOODS AND/OR SERVICES
OBTAINED THROUGH THE WEBSITES, OR OTHERWISE ARISING OUT OF THE
USE OF THE WEBSITES, WHETHER RESULTING IN WHOLE OR IN PART, FROM
BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER OR NOT THE CLIENT
KNOWS, SUSPECTS OR HAS BEEN ADVISED OF THE POSSIBILITY OF ANY
SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO THE
CLIENT, IF THE CLIENT RESIDES IN SUCH A JURISDICTION.
INDEMNITY
As a condition precedent to the use of the EquiMine
service and/or websites of EquiMine , the Client agrees to
defend and indemnify EquiMine, Inc. and its employees,
agents and/or Service Providers from and against any and all
liabilities, expenses (including attorneys' fees) and damages
arising out of claims resulting from Client's use of
EquiMine's service, including without limitation,
any claims alleging facts, that if true, would constitute a
breach by Client of these Terms of Use.
Choice of Law:
These Terms of Use shall be deemed to have been agreed to in the
State of California. In any litigation arising out of these
Terms of Use, the prevailing party shall be entitled to
reasonable attorneys' fees and costs.
Jurisdiction:
All actions brought hereunder, whether at law or in equity,
shall be brought in the state or federal courts located in and
serving the State of California. Client consents to jurisdiction
in the state of California and expressly waives any jurisdiction
privileges which may be asserted in connection with these Terms
of Use. or any claim that California is an inconvenient forum.
MISCELLANEOUS TERMS
These Terms of Use may not be modified except by a writing
signed both parties.
1. A party's failure to enforce strict performance of any
provision of these Terms of Use will not constitute a waiver its
right to subsequently enforce such provision or any other
provision of these Terms of Use.
2. Reservation of Rights. EquiMine, Inc, Inc. reserves all
rights not expressly granted to you in this license
agreement.
3. This agreement shall be deemed as being jointly drafted and
not construed in favor of or against any party.
4. Severability. Except as otherwise provided herein, if any
provision of this Agreement is found to be invalid, the
invalidity of such provision shall not affect the validity of
the remaining provisions of this Agreement, which shall remain
in full force and effect.
5. Electronic Communications. For contractual purposes, you (1)
consent to receive communications from us in an electronic form;
and (2) agree that all terms and conditions, agreements,
notices, disclosures, and other communications that we provide
to you electronically satisfy any legal requirement that such
communications would satisfy if they were in writing. This
subparagraph does not affect your statutory rights.
CONSENT
I have carefully read and considered all provisions of these
Terms of Use and agree that all of the terms set forth are fair
and reasonable. I acknowledge and warrant that I unconditionally
consent to all of the terms of this the terms of this Terms of
Use agreement.
BY INSTALLING THE SOFTWARE AND/OR ACCESSING THE WEBSITE OR SERVICE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) CONSENT TO BE BOUND BY AND BECOME A PARTY TO THE AGREEMENT CONSTITUED BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT INSTALL THE EQUIMINE SOFTWARE AND/OR ACCESS THE WEBSITE OR SERVICE.