Terms of Use
By using the Application, you confirm that you are at least 18 years old and agree to be bound by the terms and conditions contained herein. If you do not agree to the terms of this License, please cancel your subscription and immediately cease the use of IntellCRE through the browser.
This License is the complete and exclusive agreement between You and Us regarding its subject matter, superseding any prior agreements or discussions (either written or oral). We reserve the right to modify these terms at any time, and such modifications shall be effective immediately upon posting of the modified terms on the Application. Your continued use of the Application following any such modification constitutes your acceptance of the updated License.
1. License Grant
This Application is licensed, and not sold, to you by Us for use strictly in accordance with the terms and conditions of this License and any usage rules or terms of use established by any other third parties, such as Apple Inc., Google Inc. or other vendors. As long as you comply with this License, we grant you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to access, view, and use the Application on the devices owned and controlled by you, and to access and use the Application on such devices strictly in accordance with the terms and conditions of this License. Unless you are otherwise explicitly granted permission, this Licenses does not grant you any right or license with respect to any trademarks, service marks, graphics, or logos. Additionally, except as expressly stated herein, this License does not provide you with a license to use, reproduce, distribute, display or provide access to any portion of the Application on third-party web sites or otherwise.
2. Eligibility; Accounts and Registration
To use the Application, you must be at least 18 years old. By accepting this License, you confirm that: (a) you meet the minimum age requirement; (b) you have never been banned or suspended from using this Application; and (c) your use of this Application is in full compliance with all relevant laws and regulations.
Access to specific functionalities of the Application might necessitate registering for an account. During registration, you will need to supply certain personal details, such as your email address, phone number, or other relevant information, and establish a password. It is your responsibility to ensure that all information you provide is true, accurate, and kept up-to-date. The security of your account and password is your sole responsibility, and you must handle all activities that occur under your account.
3. Use of the Application
3.1 General Use
You may use the Application in accordance with the specific provisions of this License for your personal use or professional use to assist in sourcing, market analysis, underwriting, and transactional activities related to real estate investments and brokerage. You are permitted to access and utilize the features of the platform solely for the purpose of improving your real estate investment and brokerage activities.
3.2 Data Use and Distribution
You may extract and utilize data provided by the Application, such as market trends, investment analysis, and property-specific information, strictly for internal business purposes and decision-making. You may communicate information derived from the platform to clients and potential clients as part of your regular business communications; however, such information must be ancillary to personalized client interactions and advice.
Distribution of derivative works based on the data obtained from the platform (e.g., market trend analysis and forecasts) is permitted provided that “Data provided by IntellCRE” is cited as the source on every document or digital platform where such data is displayed. This citation must not include our logos without prior written approval and must not imply any endorsement or direct relationship beyond data provision.
Furthermore, You may provide hyperlinks to the Application’s homepage or to specific content within the platform, provided that such hyperlinks are removed promptly upon our request. Hyperlinking directly to or framing of any content within the platform without prior written permission is prohibited.
4. Restrictions on Use
You shall use the Application strictly in accordance with the terms of this License and shall not (i) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application; (ii) make any modifications, adaptations, improvements, enhancements, translations or derivative work from this Application; (iii) sublicense, lease, rent, loan, transfer or otherwise distribute any rights to the Application to any third party; (iv) provide or otherwise make available the Application in any form, in whole or in part (including but not limited to program listings, object and source program listings, object code and source code) to any person without prior written consent from Us; (v) violate any applicable laws, rules or regulations in connection with your access or use of the Application; (vi) 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 Application; (vii) use the Application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (viii) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Application; (ix) use the Application 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; (x) use the Application to send automated queries to any website or to send any unsolicited commercial e-mail; or (xi) 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 Application.
5. Intellectual Property Rights
5.1 Rights to the Application
You acknowledge and agree that the Application and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, Our exclusive property. Furthermore, you acknowledge and agree that the source and object code of the Application and the format, directories, queries, algorithms, structure and organization of the Application 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 Application by implication, estoppel or other legal theory, and all rights in and to the Application not expressly granted in this License are hereby reserved and retained by Us.
You acknowledge that the Application constitutes the valuable property and confidential and copyrighted information of IntellCRE and affiliates, and agree to (a) comply with all copyright, trademark, trade secret, patent, contract and other laws necessary to protect all rights in such information, and (b) not challenge IntellCRE’s and its affiliates ownership of (or the validity or enforceability of their rights in and to) such information. You shall be liable for any violation of the provisions of this License and, if applicable, your employees, contractors, affiliates and agents and for any unauthorized use of the Application by such persons. You assign Us the right to pursue enforcement of copyright and other intellectual property claims against third parties that have, without authorization, and in violation of this License, scraped, copied, or distributed content from your Submitted Content (as defined below) and for which you have not granted such third parties a separate license to use.
5.2 Submitted Content
As part of using the Application, you may submit, upload, post, or otherwise provide images, photos, video, data, text, listings, and other content (collectively, “Submitted Content”). By providing Submitted Content, you grant Us a worldwide, non-exclusive, sublicensable, royalty-free, perpetual, irrevocable license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, create derivative works from, and translate your Submitted Content for any purpose in connection with the Application or in any other media. This license includes the right to sublicense these rights to our affiliates and service providers, and through multiple levels of sublicenses, to the extent permitted by applicable law.
You retain any ownership rights you hold in the Submitted Content. You are solely responsible for the Submitted Content you provide and for ensuring that you have all necessary rights, licenses, consents, and permissions to authorize Us and other users to access and use your Submitted Content as described herein. You agree to indemnify and hold harmless IntellCRE against any claims or liabilities arising from your Submitted Content or from IntellCRE’s use of the Submitted Content as permitted under this license.
You represent and warrant that your Submitted Content is accurate, that you own or have the necessary permissions to use and authorize the use of Submitted Content as described herein, and that the Submitted Content does not infringe on any proprietary or other rights of third parties or contain any libelous, unethical, or otherwise unlawful material.
We reserve the right to refuse to post, to edit, or to remove any Submitted Content at our sole discretion, at any time, without notice, for any reason. We further reserve the right to utilize your Submitted Content to develop, enhance, and market our Application without compensation to you.
You hereby waive any claims against Us related to moral rights in and to the Submitted Content and, to the extent not permitted under applicable law, any other rights with respect to attribution of authorship or integrity of materials regarding the Submitted Content that you may have under any applicable law under any legal theory.
We may use the Submitted Content to promote and market the Application. This may involve sharing the Submitted Content with potential clients, investors, or partners. You agree that We can use your Submitted Content for such promotional purposes and acknowledge that no compensation will be paid for such uses.
5.3. Third Party Software
The Application 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 Application is subject to and governed by the terms and conditions 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. In the event of a conflict between the terms of this License and the terms of such open source or third party licenses, the terms of the open source or third party license shall control with regard to your use of the relevant Third Party Software. In no event shall the Application or components thereof be deemed to be “open source” or “publicly available” software.
5.4. Feedback
You are encouraged to provide feedback, comments, and suggestions for improvements to the Application (“Feedback”). You hereby assign to Us all of your rights, title, and interest in and to the Feedback, including but not limited to any ideas, know-how, concepts, techniques, or other intellectual property rights contained therein, for any purpose whatsoever.
To the extent that the assignment above is not permitted by applicable law, you hereby grant Us a perpetual, irrevocable, worldwide, exclusive, transferable, sublicensable, fully paid-up, royalty-free license to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of, and otherwise exploit the Feedback in any manner. This may include incorporating the Feedback into the Application, its services, or any future developments, enhancements, or expansions.
You also agree to waive, to the fullest extent permitted by law, any claims of moral rights or attribution with respect to the Feedback provided. This means you will not assert any moral rights or claim additional compensation in relation to the Feedback you provide.
5.5. 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.
5.6 Infringement Acknowledgment
You and We acknowledge and agree that, in the event of a third party claim that the Application or your possession or use of the Application infringes any third party’s intellectual property rights, you, and not Us, will be responsible for the investigation, defense, settlements and discharge of any such claim of intellectual property infringement. You will, however, promptly notify Us in writing of any such claims.
6. Restriction on Transfer
You may not rent, lease, lend, sub-license or transfer the Application, this License or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect.
7. Use of Information
7.1 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 Application, and any information or data that you provide to Us and Our affiliates, partners and licensors (“Information”).
7.2 Privacy Policy
You represent that you shall comply with the terms and conditions 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 Application. We reserve the right to change the provisions of Our Privacy Policy at any time and from time to time at Our sole discretion. We will post any changes to Our Privacy Policy on the [Privacy Policy page]. Your use of the Application following the posting of such changes to the Privacy Policy will constitute your acceptance of any such changes.
By using the Application, you consent to receiving certain electronic communications from Us. Please read our Privacy Policy to learn more. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
8. Third Party Content and Services
8.1 General
You acknowledge that the Application 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”).
8.2 Disclaimer
You acknowledge that We do not investigate, monitor, represent or endorse the Third Party Content and Services (including any third party websites available through the Application). 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.
8.3 Third Party Terms of Service
You acknowledge and agree that your access to and use of the Third Party Content and Services and any correspondence of business dealings between you and any third party located using the Application are governed by and require your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. Furthermore, you acknowledge and agree that the Third Party Content and Services and any related third party terms of service are subject to change by the applicable third party at its sole discretion and without any notice. You assume all risks arising out of or resulting from your transaction of business over the Internet and with any third party, and you agree that We and Our affiliates, partners, suppliers and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers. Furthermore, you acknowledge and agree that you are not being granted a license to (i) the Third Party Content and Services; (ii) any copyright, trademark, patent or other intellectual property right in the Third Party Content or Services or any products, services, processes or technology described or offered therein.
8.4 Endorsements
You acknowledge and agree that the provision of access to any Third Party Content and Services shall not constitute or imply any endorsement by Us or Our affiliates of such Third Party Content and Services. We reserve the right to restrict or deny access to any Third Party Content and Services otherwise accessible through the Application, although We have no obligation to restrict or deny access even if requested by you.
8.5 Inappropriate Materials
You understand that by accessing and using the Third Party Content and Services, you may encounter information, materials and subject matter (i) that you or others may deem offensive, indecent, or objectionable; (ii) which may or may not be identified as having explicit language; and (iii) that automatically and unintentionally appears in search results, as a link or reference to objectionable material. Notwithstanding the foregoing, you agree to use Third Party Content and Services at your sole risk and that We and Our affiliates, partners, suppliers and licensors shall have no liability to you for information, material or subject matter that is found to be offensive, indecent, or objectionable.
9. Term and Termination
This License shall be effective until terminated. If you deactivate or delete your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Application.
We may, in Our sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to you hereunder with or without prior notice. Furthermore, if you fail to comply with any terms and conditions of this License, then this License and any rights afforded to you hereunder shall terminate automatically, without any notice or other action by Us.
Upon the termination of this License, you shall cease all use of the Application and delete all copies of the Application and any of its related materials in your possession or control. If requested by Us, you shall certify your compliance with this termination requirement in writing reasonably satisfactory to Us.
10. Interruption of Access
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Application or any part thereof with or without notice. You agree that We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Application or any part thereof. In the event the Application or any portion thereof is discontinued.
11. Disclaimer of Warranties
11.1 General Disclaimer
You acknowledge and agree that the Application is provided on an “as is” and “as available” basis, and that your use of or reliance upon the Application 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 Application 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. Furthermore, We and Our affiliates, partners, suppliers and licensors make no warranty that (i) the Application or Third Party Content and Services will meet your requirements; (ii) the Application or Third Party Content and Services will be uninterrupted, accurate, reliable, timely, secure or error-free, including any calculations performed by the Application (although We may, but are not required to, notify affected users via in-App messages and/or email of outages, as well as when service is restored); (iii) the quality of any products, services, information or other material accessed or obtained by you through the Application will be as represented or meet your expectations; or (iv) any errors in the Application or Third Party Content and Services will be corrected. No advice or information, whether oral or written, obtained by you from Us or from the Application 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 Application. We do not intend to provide any legal, financial or investment advice. The Application 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 Application. Accordingly, there can be no assurance that such indicated results will be realized. The Application also provides information based upon the input of data by the user and the Application 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.
11.2 Reports Disclaimer
You acknowledge and agree that all property reports created or displayed by the Application shall be subject to the following disclaimer whether the disclaimer is attached to the report or removed from the report as a part of the white label report service provided through the Application:
“Reports are provided solely for general business information purposes. No advisory, fiduciary or other relationship is created by any acceptance or use of Reports. The inclusion of Reports with any other materials does not constitute an endorsement by IntellCRE of any third party or any third party’s products or services. The projected valuation, financial and investment return information, conclusions and other information contained in Reports are based upon tested methodologies for accuracy. However, such information and conclusions are not definitive forecasts, appraisals or opinions of valuations. All such information and conclusions are stated in terms of probability of likelihood based on market factors and information submitted to IntellCRE, and such information and conclusions are not guaranteed by IntellCRE and should not be construed as a certified appraisal or valuation, or investment advice. IntellCRE uses or has used public and/or confidential data and assumptions provided to IntellCRE by third parties, and IntellCRE has not independently verified the data and assumptions used in these analyses or data sets. Attributes for properties may be inaccurate because county assessor and property data records do not always include recent additions and/or modifications to property structures. Changes in the underlying data or operating assumptions, or any loss of access to any one or more sources will clearly impact the analyses, information and conclusions set forth in Reports.”
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS, COST OR DAMAGE SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY INCLUDING WITHOUT LIMITATION THOSE ARISING OUT OF OR RELATED TO ANY FAULTS, INTERRUPTIONS OR DELAYS IN THE APPLICATION, OR ANY INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED IN THE APPLICATION, REGARDLESS OF HOW SUCH FAULTS, INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISE, OR FOR ANY UNAUTHORIZED USE OF THE APPLICATION. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, AND TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, IN NO EVENT WILL OUR AGGREGATE, CUMULATIVE LIABILITY FOR ANY AND ALL REASONS TO ANY PARTY FOR DAMAGES, DIRECT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE, THE APPLICATION, OR A SEPARATE LICENSE AGREEMENT EXCEED THE LOWER OF (I) $400.00, OR (II) THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO US UNDER THE RELEVANT LICENSE AGREEMENT DURING THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE DATE SUCH CLAIM AROSE. RECOVERY OF THIS AMOUNT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY APPLICABLE DAMAGES.
THE EXCLUSION OF DAMAGES IN THIS PARAGRAPH IS INDEPENDENT OF THE EXCLUSIVE REMEDY DESCRIBED ABOVE AND SURVIVES IN THE EVENT SUCH REMEDY FAILS.
NO ACTION ARISING OUT OF OR PERTAINING TO THIS LICENSE MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ARISEN. THE PROVISIONS OF THIS SECTION APPLY WITHOUT REGARD TO THE CAUSE OR FORM OF ACTION, WHETHER THE DAMAGES ARE GROUNDED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), APPLICATION LIABILITY, OR ANY OTHER CAUSE OF ACTION.
THE WAIVERS AND RELEASES SET FORTH IN THIS LICENSE INCLUDE CLAIMS OF WHICH YOU ARE PRESENTLY UNAWARE OR WHICH YOU DO NOT PRESENTLY SUSPECT TO EXIST WHICH, IF KNOWN BY YOU, WOULD MATERIALLY AFFECT YOUR WAIVER AND RELEASE SET FORTH ABOVE
13. 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 Application or Third Party Content and Services, as well as arising from any Submitted Content and/or Feedback; (ii) your breach of this License; (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. You shall cooperate as fully as reasonably required in the defense of any such claim or demand. If the foregoing indemnity is unavailable with respect to any claim, demand or action under any laws, rules or regulations for any reason, We shall be entitled to seek in a court of competent jurisdiction your contribution to such claim, demand or action under any legal or equitable theories available to it. These obligations will survive any termination of the License.
14. Compatibility
We do not warrant that the Application will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of the data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that We and Our affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
15. Product Claims
You acknowledge that you (not Us) are responsible for addressing any third party claims relating to your use or possession of the Application, and agree to notify Us of any third party claims relating to the Application of which you become aware. Furthermore, you hereby release Us from any liability resulting from your use or possession of the Application, including, without limitation, the following: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation.
16. DMCA; Claims of Copyright Infringement
We respect the intellectual property rights of others and ask that everyone using the Application do the same. Anyone who believes that their work has been reproduced on the Application in a way that constitutes copyright infringement may notify our copyright agent in accordance with Title 17, United States Code, Section 512(c) (2), by providing the following information:
(i) Identification of the copyrighted work that you claim has been infringed;
(ii) Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Application so that the copyright agent can locate it;
(iii) Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
(iv) A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Notices of copyright infringement claims should be sent as follows:
By Email: [email protected]
If you give notice of copyright infringement by e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
17. Subscriptions and Billing
17.1. Free Trial
From time to time, at Ours sole discretion, We may offer free trials to certain users. Unless terminated sooner by Us, any free trial shall last for the length of time specified in the applicable terms. The terms set forth in the free trial, combined with this License, shall constitute the agreement between Us and the user relating to such user’s access to and use of the associated Application being offered through the free trial. During the free trial, the user shall be considered an authorized user and may use the Application during the free trial subject to these terms and the free trial specific terms.
Upon the expiration of the free trial, the user may cancel the trial at any time before its expiration to avoid conversion into a paid subscription. Should the user cancel before the trial expires, no subscription fees will be charged.
17.2 Subscription Service
Access to certain features and services provided by the Application requires an active, recurring, auto-renewing, paid subscription (“Subscription”). If you decide to activate a Subscription, you authorize us to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. We reserve the right to (i) modify the features and services included in each Subscription; (ii) modify the nature and amount of the recurring cost of each Subscription, as well as acceptable methods of payment; and (iii) terminate any Subscription at any time, at Our sole discretion and without prior warning or notice.
17.3 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.
17.4 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 or the date of the expiration of your free trial, whichever comes first. You may cancel or modify your Subscription at any time by (i) accessing your billing settings at https://app.intellcre.com/organization/billing for Subscriptions activated using our web application; (ii) by contacting Us at [email protected]. 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.
17.5 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.
17.6 Taxes
Any fees and charges set forth by Us under this License or collected as part of recurring Subscription payments do not include any applicable sales, use, gross receipts, value-added, GST or HST, personal property, or other taxes. You will be responsible for and pay, and We may, but are not required to, collect and withhold, all applicable taxes, duties, tariffs, assessments, export and import fees, or similar charges (including interest and penalties imposed thereon) on the transactions contemplated in connection with this License.
17.7 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 to
17.8 Disclosure of Payment Source Information
We may disclose payment source information to third parties as reasonably required (i) for completing payments, or to resolve a problem related to a payment; (ii) to verify the condition and existence of your account for a third party, such as a credit bureau or merchant; (iii) to persons authorized by law in the course of their official duties; (iv) to a consumer reporting agency as defined by applicable law; (v) to comply with a government agency or court order, such as a lawful subpoena; (vi) to Our employees, auditors, service providers, attorneys or collection agents in the course of their duties; or (vii) as otherwise may be reasonably necessary upon receipt of your written permission.
18. Miscellaneous
18.1 Auditing and Monitoring
We reserve the right to audit and monitor (manually or through automated means) the Application’s usage to ensure compliance with this License, to moderate, and to improve the Application. You grant us consent to access, maintain, and disclose your usage information, including your communications and any content you submit, if legally necessary or based on a good faith belief that such actions are required to: (a) comply with legal processes; (b) enforce this License; (c) address claims that submitted content infringes on third-party rights; (d) handle your customer service requests; or (e) safeguard the rights, property, or personal safety of our company, its users, and the public. We will endeavor to notify you about such disclosures beforehand unless prohibited by law or if urgent circumstances justify such omission.
18.2. Assignment
Your obligations hereunder are binding on your successors, legal representatives and assigns. You may not assign, sublicense or otherwise transfer (by operation of law or otherwise) this License, or any rights to use the Application, in whole or in part, without the prior written consent of IntellCRE.
18.3 Governing Law
This License shall be deemed to take place in the State of California and shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law principles. Any disputes arising from this License shall be adjudicated in the courts of the County of San Diego, State of California. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
18.4 Export Restrictions
The Application is controlled and operated by IntellCRE from its offices within the United States. We make no representation that the Application or any material accessed through the Application is appropriate, legally compliant, or available for use in locations outside the United States. Access to the Application from countries or territories where its content is illegal is strictly prohibited. If you access the Application from a location where the Application, or any portion thereof, is illegal, or if IntellCRE is not licensed as required by law or regulations in that jurisdiction, you are not authorized to use the Application. It is your responsibility to ensure that your use of the Application complies with all local laws and regulations.
You may not export or re-export any portion of the Application except in full compliance with all United States and applicable international laws and regulations, this License, and any other applicable licenses and agreements. Specifically, the Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list.
18.5. Severability
If any provision of this License is held to be invalid or unenforceable with respect to a party, the remainder of this License, 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 this License shall be valid and enforceable to the fullest extent permitted by law.
18.6 Waiver
Except as provided herein, the failure to exercise a right or require performance of an obligation under this License 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.
18.7 Modification or Amendment
We may modify or amend the terms of this License by posting a copy of the modified or amended License on this page. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the Application following the date in which the modified or amended License is posted on this page.
18.8 Survival
The following sections of this License and any other provisions of this License which by their express language or by their context are intended to survive the termination of this License shall survive such termination: 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17 and 18.
18.9 Entire Agreement
This License including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the Application licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.
14.7 Scope of Services
The Application is intended to provide information about real estate and IntellCRE. The information and services offered on or through the Application are provided solely for general business information, do not constitute real estate, legal, tax, accounting, investment or other professional advice, or an offer to sell or lease real estate, and may not be used for or relied upon for these purposes. No lawyer-client, advisory, fiduciary or other relationship is created by your accessing or using the Application or communicating by way of email or chat through the Application. Subscriptions are for business purposes only, and not for personal, family or household purposes. You shall not use information and services offered on or through the Application to determine an individual’s eligibility for credit, insurance, employment, or government license or benefit. You shall also not use the Application in any way that is intended to cause information therein to constitute a “consumer report” under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. or in any other manner that is intended to be construed as a consumer report by any governmental authority.
Last edited date: 4/30/24