These terms of service govern your use of the DealWorthIt website. By using the website, you agree to be bound by the terms of service contained herein.
If you do not agree to the terms of service, please cease using the website.
1. LICENSE GRANT
This website is licensed, and not sold, to you by Us for use strictly in accordance with the terms of service of this License and any usage rules or terms of service established by any other third parties. We grant you a revocable, non-exclusive, non-transferable, limited right to use the website on the devices owned and controlled by you, and to access and use the website on such devices strictly in accordance with the terms of service of this License.
2. RESTRICTIONS ON USE
You shall use the website strictly in accordance with this terms of service and shall not (i) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the website; (ii) make any modifications, adaptations, improvements, enhancements, translations or derivative work from this website; (iii) violate any applicable laws, rules or regulations in connection with your access or use of the website; (iv) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Us or Our affiliates, partners, suppliers or the licensors of the website; (v) use the website for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (vi) use the website for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, products or software offered by Us; (vii) use the website to send automated queries to any website or to send any unsolicited commercial e-mail; or (viii) use any proprietary information, interfaces or intellectual property obtained from Us in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the website.
3. SUBSCRIPTIONS AND BILLING
3.1 Subscription Service Access to certain features and services provided by the website requires an active, recurring, auto-renewing, paid subscription (“Subscription”). We reserve the right to (i) modify the features and services included in each Subscription; (ii) modify the recurring cost of each Subscription; and (iii) terminate any Subscription at any time, at Our sole discretion and without prior warning or notice.
3.2 Payment Authorization Your provision of a payment source to Us or to third party service(s) engaged by Us for the processing of payments (“Payment Processors”) and your activation of a Subscription shall act as your payment instruction and your authorization for Us or Our Payment Processors to charge against that payment source, on a recurring, going-forward basis, all applicable fees for the next Subscription period, until such time as you cancel your Subscription or your Subscription is terminated by Us. You also authorize Us and Our Payment Processors to credit your payment source if any payments will be returned to you.
3.3 Subscription Termination All Subscriptions shall be auto-renewing in nature and will continue to be billed for additional monthly or yearly billing cycles on their renewal date (“Renewal Date”), until terminated by you or by Us. The Renewal Date is the date of your first successful payment for a Subscription. You may cancel or modify your Subscription at any time by (i) accessing your account settings for Subscriptions activated using our website; or (ii) by contacting us. Any cancellations or changes made less than 24 hours prior to the Subscription Renewal Date will not be placed into effect until the next Renewal Date.
3.4 Payment Processing You must have sufficient available funds in your payment account on the Renewal Date. If your payment account has insufficient funds, the payment may not be completed or your payment account may become overdrawn, in which case We shall have no liability for any fees, charges, or other penalties imposed by third parties. We reserve the right to terminate any Subscription for which an amount is due but is unpaid.
3.5 Payment Refunds All Subscription charges shall be final, and We shall not make any refunds of past charges, unless We deem so appropriate, at Our sole discretion. You may submit written requests for charge refunds with a detailed explanation as to the reason for your request.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 Rights to the Website You acknowledge and agree that the website and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, Our property. Furthermore, you acknowledge and agree that the source and object code of the website and the format, directories, queries, algorithms, structure, and organization of the website are the intellectual property and proprietary and confidential information owned by Us and Our affiliates, licensors, and suppliers. Except as expressly stated in this License, you are not granted any intellectual property rights in or to the website by implication, estoppel or other legal theory, and all rights in and to the website not expressly granted in this License are hereby reserved and retained by Us.
4.2 Third Party Software The website may utilize or include third party software that is subject to open source or third-party license terms (“Third Party Software”). You acknowledge and agree that your right to use such Third-Party Software as part of the website is subject to and governed by the terms of service of the open source or third-party license applicable to such Third-Party Software, including, without limitation, any applicable acknowledgments, license terms and disclaimers contained therein.
4.3 Our Marks You are not authorized to use Our trademarks in any advertising, publicity or in any other commercial manner without Our prior written consent, which may be withheld for any or no reason.
5. USE OF INFORMATION
5.1 Consent to Use Information You hereby authorize and consent to the collection, storage, and use, by Us and Our affiliates, partners, and agents, of any information and data related to or derived from your use of the website, and any information or data that you provide to Us and Our affiliates, partners, and licensors (“Information”). Furthermore, you consent to receive communication i.e., emails, text messages and/or phone calls from us at any given time.
SMS Disclosure: By providing your phone number, you consent to receive SMS/text messages from us. Message frequency may vary. Message and data rates may apply. You can opt-out of receiving SMS/text messages from us at any time by replying "STOP" to any message we send.
5.2 Privacy Policy You represent that you shall comply with the terms of Our Privacy Policy, which sets forth and describes Our practices with respect to the collection, use and disclosure of Information in connection with your use of the Website. We reserve the right to change the provisions of Our Privacy Policy at any time and from time to time at Our sole discretion. Your use of the Website following the posting of such changes to the Privacy Policy will constitute your acceptance of any such changes.
6. THIRD PARTY CONTENT AND SERVICES
6.1 General You acknowledge that the website permits access to products, services, websites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content partners, marketing agents, vendors and other third parties (“Third Party Content and Services”).
6.2 Disclaimer You acknowledge that We do not investigate, monitor, represent or endorse the Third-Party Content and Services (including any third-party websites). Furthermore, your access to and use of the Third-Party Content and Services is at your sole discretion and risk and We and Our affiliates, partners, suppliers, and licensors shall have no liability to you arising out of or in connection with your access to and use of the Third-Party Content and Services. We hereby disclaim any representation, warranty or guaranty regarding the Third-Party Content and Services, whether express, implied, or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guaranty regarding the availability, quality, reliability, features, appropriates, accuracy, completeness, or legality of the Third-Party Content and Services.
7. TERM AND TERMINATION
These terms of service shall be effective until terminated. We may, in Our sole and absolute discretion, at any time and for any or no reason, suspend or terminate these terms of service and the rights afforded to you hereunder with or without prior notice. Upon the termination, you shall cease all use of the website.
8. DISCLAIMER OF WARRANTIES
8.1 You acknowledge and agree that the Website is provided on an “as is” and “as available” basis, and that your use of or reliance upon the Website and any Third-Party Content and Services accessed thereby is at your sole risk and discretion. We and Our affiliates, partners, suppliers, and licensors hereby disclaim any and all representations, warranties and guaranties regarding the Website and Third-Party Content and Services, whether express, implied or statutory, and including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
8.2 No advice or information including real estate property analysis, whether oral or written, obtained by you from Us or from the Website shall create any representation, warranty, or guaranty. Furthermore, you acknowledge that We have no obligation to correct any errors or otherwise support or maintain the Website. We do not intend to provide any legal, financial or investment advice. You are required to exercise caution and use personal assessment and judgment when investing in real estate property.
8.3 The Website may contain or deliver information on the current or prospective financial condition of real estate properties, but We caution that there are various important factors, including, without limitation, legislative and regulatory initiatives, political and economic conditions and developments, financial and real estate market conditions, the ability/inability to obtain financing, and interest rates and interest rate changes, that could cause actual results to differ materially from those indicated in the information delivered via the use of the Website. Accordingly, there can be no assurance that such indicated results will be realized. The Website also provides information based upon the input of data by the user and the Website does not provide for verification of due diligence regarding the information submitted by the user. Accordingly, there can be no assurance that such user provided information is accurate or that the indicated results based upon user input will be realized.
9. LIMITATION OF LIABILITY
Under no circumstances shall We or Our affiliates, partners, suppliers or licensors be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your access or use or inability to or use the Website and any Third Party Content and Services, including, without limitation, damages incurred by relying upon the Website when making real estate purchasing or investment decisions, whether or not the damages were foreseeable and whether or not We were advised of the possibility of such damages. Without limiting the generality of the foregoing, Our aggregate liability to you (whether under contract, tort, statute or otherwise) shall not exceed the amount of five hundred dollars (0.00). The foregoing limitations will apply even if the above stated remedy fails to its essential purpose.
10. INDEMNIFICATION
You shall indemnify, defend and hold harmless Us and Our affiliates, partners, suppliers and licensors, and each of Our and their respective officers, directors, agents and employees from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) your access to or use of the Website or Third Party Content and Services; (ii) your breach of these terms of service; (iii) your violation of law; (iv) your negligence or willful misconduct; or (v) your violation of the rights of a third party, including the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of the terms of service.
11.MISCELLANEOUS
11.1 Severability If any provision of these terms of service is held to be invalid or unenforceable with respect to a party, the remainder of these terms of service, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of these terms of service shall be valid and enforceable to the fullest extent permitted by law.
11.2 Waiver Except as provided herein, the failure to exercise a right or require performance of an obligation under these terms of service shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver or a breach constitute waiver of any subsequent breach.
11.3 Modification or Amendment We may modify or amend these terms of service by posting a copy of the modified or amended terms of service on this page. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the website following the date in which the modified or amended terms of service is posted on this page.