Last Revised November 2019
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. Your use of this website is expressly conditioned on your acceptance of the following terms and conditions. By using this website, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, do not use this website.
Copyright © 2019, Clickinvest, Inc.
ALL RIGHTS RESERVED.
- This website, and each of its components, is the copyrighted property of Clickinvest, Inc. (“Clickinvest,” “we” or “us”), and its affiliates, various third-party providers and distributors. Portions of the content found on this website may be owned by such affiliates, third-party providers and distributors and is the copyrighted work of the respective third-party providers. None of the content or data found on this website may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of Clickinvest and its third-party providers and distributors. In addition, the trademarks, logos and service marks displayed on this website (collectively, the “Trademarks”) are registered and common law trademarks of Clickinvest, its affiliates, and various third parties. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of Clickinvest or such other party that may own the Trademark.
- USE OF SITE.You may only use this website to browse the content, make inquiries to Clickinvest, submit and offer to the owners of any property, view the “package” which consists of limited details regarding a property, insert your private notes regarding a property and not for any other purposes. This website and the content provided in this website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Clickinvest, except that you may download, display and print one copy of the materials presented on this website on a single computer for your personal, non-commercial use only. “Deep-linking,” “embedding” or using analogous technology is strictly prohibited unless specifically authorized in writing. Unauthorized use of this website and the materials contained on this website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials. The use of the materials from this website on any other website or in any environment of networked computers is prohibited. You are prohibited from posting to or transmitting from this website any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. The links from this website to any other websites are provided for your information and convenience only. Clickinvest does not assume any responsibility or liability with respect to any website linked from this website (or any website linking to this website), including its content and operation. Clickinvest does not review or monitor such links. A link from this website to another website (or a link from another website to this website) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website. While this website may contain “links” to other sites, we are not responsible for the content or the privacy practices employed by other sites. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of this website, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior express consent from an authorized Clickinvestofficer (such consent is deemed given for standard search engine technology employed by Internet search web sites to direct Internet users to this site).
- AGE AND RESPONSIBILITY. You represent that you are of legal age in your state of residenceand able to use this website and to create binding legal obligations for any liability you may incur as a result of the use of this website. You understand that you are financially responsible for all uses of this website by you and those using your Access Codes (defined hereafter).
- When you obtain a subscription to this website as described hereafter, you will be given the opportunity to create an account. In that regard, you will be permitted to create your own username and passwords (“Access Codes”). Thereafter, you may utilize those Access Codes to obtain access to your account. You will be responsible for any activities conducted using Access Codes assigned to you.
- SUBSCRIPTION TERMS. You may subscribe to this website either on a quarterly or annual basis. Any subscription may be canceled for a full refund within Seven (7) days after signing up. Cancellations received at any other time will prevent your next billing, but no refunds will be given. Cancellation requests should be sent to firstname.lastname@example.org. The subscription rates are dependent on several factors which can be discussed with Clickinvest prior to subscribing.
- You acknowledge entering into a lawful consumer-broker relationship with Clickinvest as defined by applicable state law;
- You have a bona fide interest in the purchase, sale, or lease of real estate on the Clickinvest site.
- You will not copy, redistribute, or retransmit any of the information provided except in connection with your consideration of the purchase or sale of an individual property.
- You acknowledge that the individual multiple listing service (MLS), which supplies the listing data, owns such data and you acknowledge the validity of the MLS's copyright to such data.
- MLS members, employees or other designated representatives are authorized to access the Clickinvest site for the purpose of verifying compliance with MLS rules and monitoring the display of Participants' listings on our site
- OFFER TERMS.
- Offer Terms: THE WEBSITE ALLOWS YOU TO MAKE OFFERS TO PURCHASE REAL ESTATE DIRECTLY FROM THE SITE. BY USING THE OFFER FUNCTIONALITY, YOU AGREE TO THE FOLLOWING:
- (i) UTILIZING THE OFFER FUNCTIONALITY SUBMITS A LEGALLY BINDING CONTRACT. YOU MAY NOT BE ABLE TO RESIND THIS CONTRACT AND MAY BE OBLIGATED TO COMPLETE THE PURCHSE.
- (ii) Clickinvest is compensated primarily by the payment of real estate commissions, which are typically paid by the seller. In situations where the selling broker offers a cooperating commission but the offered commission is less than Two Thousand Five Hundred Dollars ($2,500), you will compensate Clickinvest the difference between $2,500 and the seller-offered cooperating commission. In cases where no cooperating commission is offered by the selling broker, you agree to pay Clickinvest a commission equal to the greater of two and one-half percent (2.5%) of the gross purchase price of the property purchased by you or $2,500.
Beginning January 1, 2020, The minimum commission shall increase to Three Thousand Dollars ($3,000), you will compensate Clickinvest the difference between $3,000 and the seller-offered cooperating commission. In cases where no cooperating commission is offered by the selling broker, you agree to pay Clickinvest a commission equal to the greater of 2.5% or $3,000.
- (iii) Occasionally, Clickinvest may present an off-market (unlisted) property or a property listed by Clickinvest. The commission rate on off-market propertiesorClickinvest-listed properties will be disclosed to you at the time you are presented with such opportunity.
- Other Buyers (Contemporaneous Offer Disclosure). You understand that Clickinvest may work with other prospective buyers who want to acquire the same property as You. If Clickinvest submits offers by competing byers, Clickinvest will notify You that a competing offer has been made but will not disclose any of the offer's material terms or conditions. You agree that Clickinvest may make competing buyers aware of the existence of Your offers so long as Clickinvest does not reveal material terms or conditions of Your offer without Your written consent.
- Procuring Cause Acknowledgement.You acknowledge that Clickinvest has put substantial effort into analyzing the properties listed on the website.Therefore, you acknowledge Clickinvest is the procuring Cause of your decision to purchase any properties that you first discovered through the website,even if another broker shows you the same property or writes the contract for purchase and sale of that property.
- Brokerage Activities. You understand that Clickinvest has no duty to represent only you and that Clickinvest may represent other potential buyers who may be interested in acquiring the same property or properties that you are interested in acquiring. You expressly waive any claims, including but not limited to, breach of statutory duty, breach of fiduciary duty or breach of contract based solely upon Clickinvest representation of another buyer who may be seeking to acquire the same property as you.
- Data Accuracy.Clickinvest has not independently verified the accuracy of any data received from third parties. The accuracy of all information, regardless of source, including but not limited to square footages and lot sizes, is deemed reliable but not guaranteed and should be personally verified through your physical inspection and by the assistance of appropriate professionals. You hereby release Clickinvest for any claim resulting from your use of property data on the website regardless of source.
- EXCLUSION OF WARRANTY. CLICKINVEST AND ANY THIRD-PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” BASIS. CLICKINVEST AND ANY THIRD-PARTY PROVIDERS DO NOT WARRANT THAT THIS WEBSITE WILL BE FREE OF DEFECTS, VIRUS OR OTHER HARMFUL ITEMS. CLICKINVEST WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS THAT MAY RESULT FROM HACKING OR OTHER INFILTRATION OF THIS WEBSITE OR THE CLICKINVEST COMPUTER SYSTEM. THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Although we strive to provide on this website the latest developments relating to the investments shown, we do not warrant the accuracy, effectiveness and suitability of any information contained in this website. You acknowledge that investing in real estate contains significant risk of loss and you as the user of the site and investor in the real estate assume all such risk. Clickinvest and any third-party providers are released from valuation errors including after repair value, cost of capital, rehab estimate, closing costs, anticipated rent, and all other investment assumptions. Although Clickinvestis a licensed real estate broker, the services provided on this website are limited to the technology platform and brokerage services described hereafter. Clickinvest is not acting as investment advisor, inspector, contractor, appraiser or the provider of any comparable service. In addition, you assume full responsibility and all risks arising from use of this website or from the passage of data across the Internet which is not secure and which is subject to impairments of service and delays.You do not own any data on the website nor any data you input into the website. Clickinvest does not guaranty against the loss of such data. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. Clickinvestmay make additions, deletions, or modifications to the information presented on the website at any time without any prior notification. You acknowledge that the information provided on this website is not being exclusively provided to you and is available contemporaneously to all subscribers. In addition, we do not represent or warrant to you that Clickinvest has complete coverage of a market or that Clickinvest will find every opportunity within a market and Clickinvest is not responsible for any claim by you of a missed opportunity. You acknowledge that the fact that you have made an offer to an owner does not guaranty that another offer will not precede yours to the owner or that yours will be accepted.
- LIMITATION OF LIABILITY. CLICKINVEST ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY BECAUSE OF YOUR ACCESS TO, USE OF, OR BROWSING ON THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, SOFTWARE, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIAL FROM THIS WEBSITE. IN NO EVENT SHALL CLICKINVEST OR ANY THIRD-PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (i) ANY USE OF THIS WEBSITE OR CONTENT FOUND HEREIN, (ii) ANY FAILURE OR DELAY, OR (iii) THE PERFORMANCE OR NON PERFORMANCE BY CLICKINVEST OR ANY THIRD-PARTY PROVIDERS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
- You shall defend and indemnify Clickinvest and any third-party providers and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by third parties as a result of your use of this website.
If you want to cancel your Access Codes, or if you become aware of any loss, theft or unauthorized use of an Access Code, please notify Clickinvest immediately at customerservice@Clickinvest.com. We may delete or change any Access Code at any time and for any reason.
- Payment. You are responsible for any payments due for any transactions entered into using your account. You shall also be responsible for any costs of collection for overdue payments.
- Your use of this website is independent of Clickinvest and not as an employee, agent, partner, or joint venturer with Clickinvest for any purpose.
- You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
- These terms and conditions shall be deemed severable. If any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
- The heading used in these Terms and Conditions are included by convenience only and will not limit or otherwise affect these Terms and Conditions.
- ENTIRE AGREEMENT. These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this website.
How to Contact Clickinvest. If you have any comments or questions, please do not hesitate to contact Clickinvest at customerservice@Clickinvest.com.