FLIPNERD™ TERMS & CONDITIONS
Effective Date: 3/31/2015
Thank you for visiting www.flipnerd.com (the “Site”), which is owned and operated by EP Management, Inc. The terms “FlipNerd™,” “we,” “us,” and “our” refer to FlipNerd™.com. These Terms & Conditions govern your use of this Site.
You must be a U.S. resident who is 18 years of age or older or entities domiciled in the U.S. Children under the age of 18 are not eligible to use this Site. For real estate investment club accounts, you must be an active club with a minimum of 50 members and a website. To the full extent allowed by applicable law, FlipNerd™ at its sole discretion and for any or no reason may refuse to accept applications for membership.
YOUR ACCEPTANCE OF THESE TERMS & CONDITIONS
These Terms & Conditions apply to all users of this Site, whether or not you are a registered member. By using this Site you are agreeing to comply with and be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, you may not access or use this Site.
YOUR CONSENT TO OTHER AGREEMENTS INCLUDING CLICK-THROUGH AGREEMENTS
When you sign up to use a special feature of this Site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these Terms & Conditions, the terms of the click-through agreement will supplement or amend these Terms & Conditions, but only with respect to the matters governed by the “click-through agreement.”
OWNERSHIP OF THIS SITE AND ITS CONTENT
The term “Content” refers to all of the software and code comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site, including content generated by users (“User Generated Content” or “UGC”) and feedback provided to FlipNerd™ (“Feedback”). This Site, including all its Content are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of FlipNerd™ or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, educational, noncommercial use only, provided that you:
- do not modify the Content;
- you retain any and all copyright and other proprietary notices contained in the Content;
- you do not copy or post the Content on any network computer or broadcast the Content in any media.
The FlipNerd™ names and logos (including, without limitation, those of its affiliates), all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of EP Management, Inc. and/or its affiliates (the “FlipNerd™ Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within this Site are the property of their respective owners. You are not authorized to display or use the FlipNerd™ Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within this Site without the prior written permission of such owners. The use or misuse of the FlipNerd™ Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
RESPONSIBILITY FOR USER-GENERATED CONTENT POSTED ON OR THROUGH THIS SITE
Under no circumstances will we be liable in any way for any UGC. This means that you, not FlipNerd™, are entirely responsible for all UGC that you post and that you can be held personally liable for information and/or comments that are erroneous, contain errors, are defamatory, obscene, or libelous, or that violate these Terms & Conditions, an obligation of confidentiality, or the rights of others. If any part of the UGC you post is not your original work, it is your responsibility to obtain any necessary permission to post it.
Because we do not control the UGC posted on or through this Site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that UGC. You also agree and understand that by accessing this Site, you may encounter UGC that you may consider to be objectionable. We have no responsibility for any UGC, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any UGC posted, emailed, transmitted or otherwise made available on or through this Site. The UGC posted on or through this Site expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of FlipNerd™ or any person or entity associated with FlipNerd™.
You own the copyright in any original UGC you post. We do not claim any copyrights in UGC. However, by using this Site you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sub-licensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize UGC you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post any UGC that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas.
FlipNerd™ and its Partners reserve the right to display advertisements in connection with your UGC and to use your UGC for advertising and promotional purposes.
FlipNerd™ has certain rights. We have the right (but do not assume the obligation) to:
- monitor all UGC;
- require that you avoid certain subjects;
- remove or block any UGC at any time without notice at our sole and absolute discretion;
- disclose any UGC and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of FlipNerd™ or others, or to enforce these Terms & Conditions; and
- terminate your access to and use of this Site, or to modify, edit or block your transmissions thereto, for any reason and in our sole discretion.
You agree that our exercise of such discretion shall not render us the owners of UGC you post, and that you will retain ownership thereof as described above.
By posting UGC, you represent and warrant that:
- you own or otherwise control all of the rights to the UGC and have the right to grant the license set forth in these Terms & Conditions;
- for UGC associated with listing and marketing property for sale, you have full title or equitable title to the property and/or have the right made available under any law or under contractual or fiduciary relationships to market the property for sale;
- for UGC associated with listing and marketing vendors and related vendor products and services, you are the owner or employee of the vendor or have the right made available under contractual or fiduciary relationships to market the vendor’s products and services;
- for UGC associated with listing and marketing real estate investment clubs and related posted events, you are the owner of the club and have the right made available under any law or under contractual or fiduciary relationships to market the club and events;
- the UGC is accurate, and;
- you have read and understood—and your UGC fully complies with—these Terms & Conditions and applicable laws and will not cause injury to any person or entity.
It is a condition of these Terms & Conditions that you do not upload, post, transmit or otherwise make available:
- any UGC that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;
- any UGC that constitutes or encourages activity illegal under criminal or civil law;
- any UGC that is false, misleading, or fraudulent;
- any UGC that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as selling property that you do not have full or equitable title to, inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- any UGC that violates or infringes upon the rights of others, including UGC which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
- any UGC that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian;
- any request for or solicitation of any personal or private information from any individual to the extent such request is not consistent with the networking goals of this Site;
- any request in a forum setting for or solicitation of money, goods, or services for private gain, except that such requests/solicitation are permitted;
- any UGC within a forum that contains advertising, promotions or marketing, or which otherwise has a commercial purpose; or
- any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Additionally, you must not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or violate any local, state, national or international law, rule or regulation.
REMOVAL OF CONTENT
You can seek removal of objectionable UGC by flagging certain property listings and/or forum postings or contacting us by emailing email@example.com or completing the form on the FAQ/Help section. We will review all such requests and will remove UGC that we determine should be removed, in our sole discretion and in accordance with these Terms & Conditions and applicable law. Please be aware, however, that if the UGC has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the UGC we remove from this Site may remain on back-up servers.
FlipNerd™ does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent. If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Site or has been otherwise copied and made available on this Site in a manner that constitute copyright infringement, please notify us immediately. Your notice must be in writing and must include an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest with:
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on this Site (including the URL, title and/or item number if applicable, or other identifying characteristics);
- your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner; and
- a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Your statement must be addressed as follows:
c/o Copyright Agent
2560 King Arthur Blvd # 124-114
Lewisville, TX 75056
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
Although we do not claim ownership of UGC you post using this Site, the Feedback you provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including but not limited to all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
In consideration of your use of this Site, you agree that to the extent you provide personal information to FlipNerd™ it will be true, accurate, current, and complete and that you will update all personal information as necessary. You also agree that you will use an image of yourself that you are authorized to use for your profile picture. The use of company logos, advertisements, web addresses, contact information, pictures of celebrities or the unauthorized use of images owned by others is prohibited. Company logos may only be posted by authorized representatives of the respective company.
To the extent you create an account through this Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us using the information provided here: http://www.flipnerd.com/#/faqs. Until we are so notified you will remain liable for any unauthorized use of your account.
You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information; any interference with the availability of or access to this Site; or any unauthorized scraping of the Content on this Site is strictly prohibited. We reserve all rights and remedies available to us, including but not limited to the right to terminate your access to this Site.
FEES AND PAYMENTS
FlipNerd™ members can elect to upgrade their account to a Basic or PRO account, a Nerd or Boss vendor account or a REI Club account (“Upgraded Account”), where they may be charged a subscription fee for the use of certain services. FlipNerd™ reserves the right to change the fees at any time, upon notice to you. By registering for any Upgraded Account, you agree to pay FlipNerd™ the fees for the services applicable to the account level chosen. For any upgrade or downgrade in plan level, the credit card that you provided will automatically be credited or charged the new rate immediately.
All fees are paid in advance and are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, refunds for accounts that have had access to particular services restricted, refunds for accounts that have had upgrades canceled for any reason including but not limited to violations of these Terms & Conditions, or refunds for months unused. We reserve the right to deactivate your access to the Services for your failure to pay applicable fees or for violations of these Terms & Conditions. If you provide us with a credit card that expires during the term of these Terms of Service, we reserve the right to charge any renewal card issued to you as a replacement. You agree to promptly pay FlipNerd™ in the event of any refusal of your credit card issuer to pay any amount to FlipNerd™ for any reason. You agree to pay all costs of collection, including but not limited to attorneys’ fees and costs, on any outstanding balance. In the event you fail to pay any amount when due, FlipNerd™ may immediately suspend or terminate your access to any or all of our services.
Your Upgraded Account subscriptions will renew automatically, unless you terminate it at http://www.flipnerd.com/#/profile/me/billing OR if we terminate it for a violation of these Terms & Conditions. You must cancel your subscription before it renews to avoid billing of subscription fees for the renewal term to your credit card.
We may elect to offer free or discounted pricing for use of the Upgraded Accounts (a "Trial"). Once the terms of any Trial have expired, you agree that our normal billing rates shall apply. You agree to comply with any additional terms, restrictions or limitations we impose in connection with any Trial. You may not sign-up for multiple Accounts in order to receive additional benefits under any Trial.
The only accepted method for you to cancel your paid subscription to the FlipNerd™ is via the account settings available through http://www.flipnerd.com/profile/me/billing. An email or phone request to cancel your account is not considered cancellation. You can downgrade your Upgraded Account at any time by logging into your FlipNerd™ account, selecting My Profile, and clicking the Edit Plan button under “Billing”. If you cancel the services before the end of your current paid up month, your cancellation will take effect immediately at the end of your paid subscription term and you will not be charged again. To completely remove yourself from the FlipNerd™ system, click on the “Delete Account” button under the Billing sub-section of the “Your Profile” section.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, FLIPNERD, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FLIPNERD, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING BUT NOT LIMITED TO VIRUSES).
FLIPNERD™ DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED FLIPNERD™ SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF FLIPNERD. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).
LINKS TO THIRD-PARTY WEBSITES
This Site may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. FlipNerd™ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms & Conditions do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.
FlipNerd™ has financial relationships with some of the companies, products, and services mentioned on our site, and may be compensated if users choose to follow the links pointing to those companies, products or services.
MODIFICATION, DISCONTINUATION, AND TERMINATION
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (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 such modification, editing, deletion, suspension or discontinuance of this Site.
You also agree that FlipNerd, in its sole discretion, may terminate your password, account (or any part thereof), or use of this Site for any reason, including, without limitation, for lack of use or if FlipNerd™ believes that you have violated or acted inconsistently with the letter or spirit of these Terms & Conditions. You agree that any termination of your access to this Site under any provision of these Terms & Conditions may be effected without prior notice, and acknowledge and agree that FlipNerd™ may immediately deactivate or delete your account and all related information in your account and/or bar any further access to this Site. Further, you agree that FlipNerd™ shall not be liable to you or any third-party for any termination of your access to this Site.
Our failure at any time to require performance of any provision of these Terms & Conditions or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by FlipNerd™ of any breach of any provision of these Terms & Conditions or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms & Conditions.
If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms & Conditions will remain in full force and effect.
GOVERNING LAW, JURISDICTION AND VENUE
These Terms & Conditions will be governed under the laws of the State of Texas without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms & Conditions will be venued exclusively in state or federal court in the City of Carrollton, County of Dallas, Texas. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms & Conditions is taking place or originating.
You agree to indemnify and hold FlipNerd, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation of these Terms & Conditions and/or arising from a breach of these Terms & Conditions and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.
THESE TERMS & CONDITIONS MAY CHANGE
These Terms & Conditions are current as of the effective date set forth above. FlipNerd™ reserves the right to change these Terms & Conditions from time to time consistent with applicable laws and principles. These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site after we have posted the revised Terms & Conditions constitutes your agreement to be bound by the revised Terms & Conditions. If at any time you choose not to accept these Terms & Conditions, you should not use this Site.
2560 King Arthur Blvd # 124-114
Lewisville, TX 75056