Last Updated: 8/18/17

 

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the Off Market Leads website (the “Service”) operated by Cubell Development Group, LLC (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Description of Service and Parties

Off Market Leads is a real estate investment software-as-a-service application. Off Market Leads can be accessed through our website and through such automated means as we may provide to you.

Payment

In return for your use of the service, You agree to pay Off Market Leads a monthly fee, in advance, for your use of the service. The monthly fee depends on which subscription plan you sign up for, and is disclosed on the Pricing page of the website. If you do not cancel your subscription plan by the end of your plan’s billing period, Off Market Leads will charge your credit card for the next month’s monthly service fee. You will be charged thereafter on a monthly basis. We reserve the right to change prices at any time. We reserve the right to refuse or cancel certain orders at our sole discretion.

Refunds

Refunds will be made at the sole discretion of Off Market Leads.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. We reserve the right to terminate any account at any time for any reason, without refunds.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You agree not to share your account with any third party. You agree not to bulk transfer data to any third party.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Off Market Leads.

Off Market Leads has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Off Market Leads 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 use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may cancel your subscription through our website interface.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Massachusetts, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Limitation Of Liability

THE SERVICE IS SOLD “AS IS” AND “WITH ALL FAULTS”. OFF MARKET LEADS MAKES NO WARRANTY THAT IT IS FREE OF DEFECTS OR IS SUITABLE FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL OFF MARKET LEADS BE RESPONSIBLE FOR LOSS OR DAMAGES ARISING FROM THE USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE CUSTOMER IS SOLELY RESPONSIBLE FOR ENSURING THAT THEIR USE OF THE SOFTWARE IS IN ACCORDANCE WITH THE LAW OF THEIR JURISDICTION.

Intellectual Property Rights

All rights in Off Market Leads, the website, real estate data, and related documentation are owned and/or licensed by Off Market Leads. You are hereby granted a non-exclusive right to make use of the service, and (if appropriate) to interoperate with the service through such mechanisms as we may provide for you to do so, in consideration of your payment of the monthly service fee. Your license to use the service does not entitle you to ownership of the underlying intellectual property.

Service Level Agreement

Off Market Leads does not warrant that your access to the service will be uninterrupted. Off Market Leads does not warrant that communications you schedule for delivery for the service will be delivered or that they will be delivered in a timely manner.

Off Market Leads will make commercially reasonable efforts to respond to all inquiries within 48 hours. Your use of Off Market Leads does not entitle you to support in real time or support via any particular communications channel.

Off Market Leads may offer you the opportunity to purchase a separate Service Level Agreement, for an additional fee, as a separate contract.

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