Last Modified: August 26, 2017
- Parties to this Agreement
These Terms and Conditions (hereinafter referred to as “Agreement”, “Terms and Conditions” or “Terms”) are a legally binding agreement between you either an individual, group or entity (the “User”, “You”, or “Your”) and Clik2Flip, Inc. (“Company”, “We”, “Us”, or “Our”) owner and operator of www.clik2flip.com (“Website” or “Site”) and the Clik2Flip mobile application (“App”).
The Website, Site and App hereinafter collectively referred to as “Clik2Flip” is made available to you in accordance with the laws of the State of California, USA.
Clik2Flip is not designed for Users who are under the age of eighteen (18) years. If you are under eighteen (18) years of age, you must obtain the express consent of your parent or legal guardian to enter into this Agreement. By granting their express consent to the use of Clik2Flip, your Parent(s) or Legal Guardian(s) take responsibility for: (i) your actions; (ii) any charges associated with in-app purchases; and (iii) your acceptance and compliance with these Terms. Please do not use Clik2Flip without the express consent of your parent(s) or legal guardian(s).
IF YOU ARE UNDER THE AGE OF THIRTEEN YEARS, YOU MAY NOT DOWNLOAD THE APP OR ACCESS THIS SITE AND YOU ARE EXPRESSLY FORBIDDEN FROM PROVIDING ANY PERSONAL INFORMATION TO US.
THE COMPANY ONLY PROVIDES CLIK2FLIP AS A TOOL TO ASSIST USERS IN THEIR INVESTMENT DECISIONS BY MAKING PUBLICLY AVAILABLE PROPERTY INFORMATION EASILY ACCESSIBLE.
CLIK2FLIP DOES NOT OFFER ANY HOUSE FLIPPING/REAL ESTATE INVESTMENT ADVICE OR RECOMMENDATION. CLIK2FLIP RETRIEVES PROPERTY INFORMATION/DATA FOR THE BENEFIT OF ITS USERS FROM THIRD-PARTY WEBSITES AND APPLICATIONS WHICH ARE NEITHER OWNED NOR OPERATED BY THE COMPANY. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF SUCH PROPERTY DATA AND INFORMATION. THE COMPANY WILL NOT ASSUME ANY RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY FOR ANY DECISIONS YOU MAKE TO BUY ANY SPECIFIC PROPERTY BASED ON ANY INFORMATION MADE AVAILABLE THROUGH CLIK2FLIP.
THIS INFORMATION/DATA IS NOT INTENDED TO BE SOLELY RELIED UPON IN ANY INVESTMENT DECISIONS AND NEITHER IS IT INTENDED TO REPLACE OR SUBSTITUTE ANY FINANCIAL ADVICE FROM A QUALIFIED AND LICENSED PROFESSIONAL WHO IS FAMILIAR THE UNIQUE RISKS ASSOCIATED WITH PURCHASING REAL ESTATE AS AN INVESTMENT.
REAL ESTATE INVESTMENTS CARRY SIGNIFICANT RISK WHICH MAY NOT BE SUITABLE FOR ALL USERS AND YOU SHOULD EXERCISE CAUTION BEFORE MAKING ANY INVESTMENT DECISION. YOU ARE HEREBY ADVISED TO UNDERTAKE YOUR OWN INDEPENDENT RESEARCH ON ANY PROPERTY YOU WISH TO PURCHASE AND EXERCISE YOUR OWN BEST JUDGEMENT OF THE REAL ESTATE MARKETS BEFORE MAKING ANY PURCHASE DECISIONS.
THE COMPANY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY ANY USER AS A RESULT OF THE USE OF THE CLIK2FLIP SERVICE. ACCORDINGLY, ANY DECISION YOU TAKE BASED ON ANY INFORMATION / CONTENT YOU RECEIVE THROUGH USE OF CLIK2FLIP SERVICE IS SOLELY AT YOUR OWN RISK.
- Clik2Flip Service
Clik2Flip is an innovative tool that enables Users who are interested in buying residential real estate properties with the intention of investing to immediately assess the viability of a potential investment on (or off) location. With Clik2Flip, Users can easily geo-locate a property and view current value or sale price of millions of properties across US. Click2Flip enables Users to find the ‘Flip’, ‘Buy and Hold’ and Short Term Rental (STR) return potential of a property without entering any data as well as the features that allow Users to quickly recalculate returns on investment by adjusting a variety of specified income/expense categories (e.g. rehab, rental estimate, purchase price, etc). If you are of the view that a house is a potential investment opportunity, you can just as easily share this information with other investors and partners all from the convenience of your mobile phone.
Clik2Flip is currently available on iOS App Store as well as on Google Play. Users can easily download the App on their device and start using the basic app features and functionality for free.
Please note that the geolocation functionality would only work if the location data on the authorized User’s mobile device is switched on and there is access to mobile data. The app will use a small amount of User’s personal internet data to operate. The Company will not be held liable for any data charges paid by users in operating the app on their personal mobile devices.
Unless explicitly stated otherwise, the responsibility of the Company is limited to facilitating the availability of the App functionality.
- In-app purchases
Although Users can install and use the base property investment calculator for free forever, the app also offers Users the ability to access more in-depth look at their selected property through in-app purchase option. All in-app purchases are processed through Google Play or Itunes App Store (“App Store”) from which you downloaded the Clik2Flip on your mobile phone.
Please take note that in-app purchases are governed by the billing and refund rules of applicable App Store. By installing the app and agreeing to our terms and conditions, you also agree to abide by the terms and conditions of the relevant App Store. If for any unforeseeable reason we fail to provide you the premium property data you requested with in-app purchase, we will request the relevant App Store to refund the full amount that you paid in that specific in-app purchase. You can also request refund by contacting the relevant App Store directly.
You understand and accept that Clik2Flip in-app purchases are deemed consumed once you receive the premium property data for a specific property. You cannot cancel an in-app purchase after you receive the property data or request refund if you are not satisfied with the information you received. To learn more about how to manage in-app purchases please visit the terms and conditions of the applicable App Store on your mobile device. If you are the parent or legal guardian of a User and you wish to control in-app purchases, please ensure that you familiarize yourself with all relevant terms and conditions of the relevant App Store and to use all features on the mobile device that allow you to control in-app purchases. The Company will not offer refunds for unauthorized in-app purchases made by another user using your mobile device and billing information.
Users can terminate their use of the Clik2Flip app at any time without incurring any liability. Clik2Flip does not require you to create a User account to make use of the app functionality so you are not required to notify us if you no longer wish to use the application. To stop using Clik2Flip you can simply cease using the app. You can also uninstall the application from your mobile device by following the instructions to uninstall mobile applications from your device.
We reserves the right to cancel or suspend your access to the Clik2Flip Services if we find that:
- You have violated any provisions of this Agreement;
- Your conduct is harmful to the Company or any of its Users; or
- We cease our business operations for any reason.
- User Conduct and Obligations
You understand and agree that:
- It is solely your responsibility to familiarize yourself with all applicable laws and regulations;
- You will only use the Clik2Flip service in accordance with this Agreement as well as any additional terms and conditions governing in-app purchases as managed by the App Store;
- You will not breach any terms and conditions of Third Party application, tool or service used by Clik2Flip to deliver requested data to you;
- You will conduct yourself in a professional manner when using Clik2Flip;
- The Company will not be held liable for any incorrect / incomplete / inaccurate information accessed through the app;
- You represent and warrant to the Company that you have the legal right to use Clik2Flip.
- You will immediately notify the Company of any issues that you encounter during your use of the Clik2Flip Services;
- In the event of any dispute, you agree to notify us immediately with detailed description of the dispute and make your best effort to assist us in expeditious resolution of dispute.
You understand and agree that you will not:
- use the Clik2Flip service in any unlawful or illegal manner or in a manner that may be deemed harmful to the Company or its licensors;
- modify, adapt, translate, or reverse engineer any portion of Clik2Flip app, site or service;
- use any robot, spider, site scraping/retrieval application or other automated routine in order to scrape any data/information from any part of Clik2Flip;
- collect any information about other Users by any means and for any purpose;
- reformat or frame any portion of Clik2Flip without express written consent of the Company;
- submit any content or material on any third-party sites, that falsely express or imply that such content or material is sponsored or endorsed by the Company;
- transmit any viruses, defects, Trojan horses or other items of a destructive nature;
- copy or store any content offered on Clik2Flip for other than your own use;
- take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
- Reproduce, distribute, display or make available any data, information or part of Clik2Flip to any third-party without the express written consent of an authorized representative of the Company.
- Intellectual Property
You agree not to copy, sell, transfer, assign, reproduce, republish, disassemble, decompile, reverse engineer or distribute any Content in any way except as intended under the Agreement. You also agree not to adapt, alter or create a derivative work from any Content without the prior written permission of the Company. You agree that you will not remove any copyright, trademarks and any proprietary notices from any Content or any other third-party data and information that you do not have rights and licenses to use. You understand that any use of Content or any Third-Party Intellectual Property on any website, system or application that is not owned and operated by us is strictly prohibited. This Agreement grants you a limited non-exclusive, non-transferable license to use Clik2Flip Services for your personal and non-commercial use only. Any rights not expressly granted herein are reserved.
The Company reserves the right to prosecute any violations of this Agreement to the fullest extent permitted by law. You acknowledge that breach of this provision can incur criminal as well as civil liability.
- Infringement of Copyright
We respect the Intellectual Property Rights of others and have zero tolerance policy towards violations of copyright laws. If we find that you have violated a copyright of another person or entity, we reserve the right to immediately terminate your access to Clik2Flip services and take other remedial actions that we in our sole discretion deem appropriate. You are under obligation not to upload, download, post, transmit, reproduce, republish, distribute or in any way access or make available any content that is protected by intellectual property laws without the express permission to use such content from the authorized person. You may not use any copyrighted material for any purpose other than for which you have received authorization.
If you believe that your copyrighted material or content is posted, uploaded or made accessible using any Clik2Flip service, please inform us at the email address listed below of such material and provide us with the following information:
- Identification of the material or content that is claimed to be infringing your copyrighted works;
- Your contact information including your name, phone number and email address;
- A statement by you setting out that you are either the owner of the copyrighted work or have been authorized by the owner to communicate with us with regard to the copyrighted work.
Contact us: info@Clik2Flip.com
- Remedies with the Company
We reserve the right to take actions to prevent/control any violations of this Agreement including without limitation blocking violator’s use of the Clik2Flip Service as well as to investigate and prosecute such violations to the fullest extent permitted in law.
We appreciate our Users and love to hear their views. If you would like to share your feedback and suggestions about how we can improve Clik2Flip Service, please submit your feedback either via email address given below. By submitting feedback, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to you.
Post: 8690 Sierra College Blvd #160, Roseville, CA 95661 #325
The Company reserves the right in its sole discretion to deactivate or/and suspend your access to the Clik2Flip Service with or without giving any prior notice to you to carry out: system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, the Company shall not be liable to indemnify the User for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, as a result of such deactivation or/and suspension.
- Use of third-party applications
We are a technology Company and we are constantly adding new features and functionality to enhance our offering to you. We as well as all Third Party Service Providers that we use, reserve our respective rights to introduce new features and functionality, modify existing features, amend any provision of this Agreement or Third Party Terms and Conditions as well as the right to discontinue any service in our sole discretion. Any changes in features and functionality of services will become effective from the date of implementation. Where we make any amendments to this Agreement, we will notify you by updating the last updated date on the top of this Agreement. Please take the time to review these terms regularly to familiarize yourself of any material changes. Please note that we do not have any obligation to notify you of any change in the Terms and Conditions of Third Party Service Provider and it is solely your responsibility to periodically review the Terms and Conditions of such Third Party Service Providers to familiarize yourself of any changes in their Terms.
You release the Company and Third Party Service Providers of any liability arising from your failure to review such modified Terms.
- Disclaimer of Warranties
ALL SERVICES PROVIDED BY THE COMPANY AND OUR THIRD PARTY SERVICE PROVIDERS ARE PROVIDED TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OF WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR THIRD PARTY SERVICE PROVIDERS NEITHER REPRESENT NOR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE AND THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT RESTS WITH YOU. THE COMPANY AND OUR THIRD PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, WORKMANLIKE EFFORT, ACCURACY, TITLE, NON-INFRINGEMENT; WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. YOU ACCEPT THAT YOUR USE OF SERVICES PROVIDED BY THE COMPANY AND OUR THIRD PARTY SERVICE PROVIDERS IS SOLELY AT YOUR OWN RISK.
PLEASE NOTE THAT IN THE EVENT WE PROVIDE YOU WITH ANY REAL-TIME NAVIGATION AS PART OF CLIK2FLIP SERVICE, INCLUDING BUT NOT LIMITED TO TURN-BY-TURN ROUTE GUIDANCE AND OTHER ROUTING THAT IS ENABLED THROUGH THE USE OF A SENSOR, YOU ACCEPT AND AGREE THAT “YOUR USE OF SUCH REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE”. WHERE SUCH NAVIGATION SERVICES MAKE USE OF NAVIGATION DATA PROVIDED BY MAPZEN INC, YOU HEREBY EXPRESSLY RELEASE SAMSUNG RESEARCH AMERICA, INC FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF REAL-TIME NAVIGATION SERVICES.
- Limitation of Liability
IN NO EVENT WILL THE COMPANY OR THE THIRD PARTY SERVICE PROVIDERS SHALL BE HELD LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF OR ASSOCIATED WITH THE USE OF THE CLIK2FLIP SERVICES OR THE SERVICES, INFORMATION AND DATA PROVIDED BY OUR THIRD PARTY SERVICE PROVIDERS. THE ABOVE LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW REGARDLESS OF WHETHER THE DAMAGES AROSE FROM BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. IF YOU DO NOT AGREE WITH THIS LIMITATION OF LIABILITY PLEASE CEASE TO USE CLIK2FLIP IMMEDIATELY AND UNINSTALL OUR APP FROM YOUR MOBILE PHONE.
THE COMPANY MAKES NO REPRESENTATION REGARDING THE SUITABILITY OR AVAILABILITY OF THE CLIK2FLIP SERVICES IN LOCATIONS OTHER THAN USA.
You agree to release, defend, indemnify, and hold harmless the Company, its founders, affiliates, subsidiaries, and our Third Party Service Providers against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
(i) the violation of these Terms by you,
(ii) Your gross negligence or willful misconduct, or
(iii) the infringement by you, or any third party using your mobile phone, of any intellectual property or other right of any person or entity.
The Company shall indemnify, defend and hold harmless Users against any and all claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal fees, raised by third party and incurred by the foregoing in connection with, arising out of or in any way connected with:
(i) Clik2Flip’s breach of this Agreement, representation or warranties offered under this agreement.
(ii) Any negligent or willful misconduct of the Company.
- California Civil Code Section 1542 Waiver
You hereby release the Company, its directors, shareholders and employees from all unknown risks arising out of or associated with the use of Clik2Flip services. If you are a resident in the State of California, you expressly waive California Civil Code Section 1542 which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor”.
Unless expressly stated otherwise, any notice or communication to be given by the User to the Company shall be in writing, may be sent by recorded delivery and shall be deemed served upon delivery.
The article headings in this Agreement are for reference purpose only and shall have no bearing on the interpretation of this Agreement.
- Governing Law
This Agreement shall be construed in accordance with the laws of the State of California. Any action or claims brought against the Company must be brought in the court of law, with appropriate jurisdiction to rule upon the matter, sitting in the State of California.
Assignability – The Company may assign any of its responsibilities and/or obligations to any other Person, at our sole discretion, without giving any notice to you. However, you may not assign or transfer any of your rights under this Agreement to any other party, without express written consent from the Company.
Severability – If for any reason, any provision of this Agreement or any part of any provision is deemed to be unlawful, void, or for any reason unenforceable, then such provision will be limited or eliminated from this Agreement only to the extent necessary and will not affect the validity and enforceability of any remaining provisions.
Waiver – Under no circumstances, failure on the part of the Company to exercise any right or remedy under this Agreement will constitute a waiver of such right or remedy.
Force Majeure – Neither the Company nor the User will be held liable for failure to perform any of its obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.
Mandatory Arbitration and Class Action Waiver – THIS PROVISION SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS SO PLEASE CAREFULLY READ THIS PROVISION AND DO NOT USE CLIK2FLIP IF YOU DO NOT AGREE TO BE BOUND BY THIS PROVISION.
YOU AND THE COMPANY AGREE TO RESOLVE ANY CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF CLIK2FLIP OR THIS AGREEMENT BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES.
YOU AND THE COMPANY BOTH WAIVE YOUR/OUR RESPECTIVE RIGHTS TO PARTICIPATE IN CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS ARISING FROM YOUR USE OF CLIK2FLIP OR UNDER THIS AGREEMENT. YOU UNDERSTAND THAT BY ACCEPTING TO THIS AGREEMENT YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM AGAINST THE COMPANY. THIS MANDATORY ARBITRATION PROVISION IN THE AGREEMENT IS GOVERNED BY THE FEDERAL ARBITRATION ACT AND NOT THE LAWS OF ANY SPECIFIC STATE REGARDING LEGALITY OR ENFORCEABILITY OF ARBITRATION AGREEMENTS. THIS ARBITRATION PROVISION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT IRRESPECTIVE OF THE CAUSE OF TERMINATION.