Investway Terms of Service Agreement
1. ACCEPTANCE OF TERMS
INVESTWAY, LLC provides its INVESTWAY service (INVESTWAY) to you, subject to the following Terms of Service (TOS), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.investway.com/legal/terms/. In addition, when using INVESTWAY, you and INVESTWAY shall be subject to any guidelines or rules applicable that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF SERVICE.
2. DESCRIPTION OF INVESTWAY
INVESTWAY is a licensed real estate brokerage that works exclusively with real estate investors in the market to purchase real estate. We provide an online web service for real estate investors (INVESTWAY Customers) to search, evaluate, view, and submit offers on real estate listings and property lead sources through the Web. Investors can search through local REALTOR Multiple Listing Service listings, local public real estate tax assessor data (where available), and foreclosure postings (where available.) Availibility of data services may vary per local area. For more information, please see http://www.investway.com/.
3. WEBSITE LIMITED LICENSE
As a user of this Website, you are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Website and Content in accordance with these Terms of Service. INVESTWAY may terminate this license at any time for any reason and may change, suspend, or discontinue any aspect of the Website and/or Content at any time.
4. FURTHER SERVICE UNDERSTANDINGS
You understand and agree that the Service is provided AS-IS and that INVESTWAY assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. INVESTWAY acknowledges that Content on this Web Site is based upon information obtained by INVESTWAY from public records and from other sources believed by INVESTWAY to be reliable. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. You acknowledge that Content may contain some non-conformities, defects, errors and/or omissions. Your use of Content on this Web Site or materials linked from this Website is at your own risk.
5. YOUR REGISTRATION OBLIGATIONS
Certain sections of this Web Site require you to register. If registration is requested, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service registration form (such information being the Registration Data) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or INVESTWAY has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, INVESTWAY has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). INVESTWAY is concerned about the safety and privacy of all its users, particularly children. For this reason you must be at least 18 years of age to register for an account.
6. BROKERAGE REPRESENTATIONS
6.1 You represent and warrant that you are over the age of majority, legally competent to make this Agreement, and a bona fide buyer or seller of real estate who is not a party to an exclusive brokerage services agreement with any other real estate broker or firm;
6.2 You hereby grant INVESTWAY or it’s affiliated companies your express written consent to receive personalized emails, telephone calls and/or faxes;
6.3 You agree that Investway may also represent other prospective buyers seeking to purchase properties that may meet your criteria;
6.4 When conducting a search for available properties for sale or rent, you agree to enter property search criteria (such as price range, location, and other features) that are a good faith representation of the types of properties that you are interested in, and financially capable of acquiring or leasing, or that represent properties similar to the property you have available for sale or lease. You understand that in order to maintain maximum database efficiency, INVESTWAY will limit the number of properties displayed to you in response to your search requests based upon INVESTWAY’s sole determination of the reasonable number of properties appropriate to be displayed in response to a single search request, given existing market conditions, total number of matching listings in the MLS database compilation, and other “reasonable use” restrictions deemed appropriate by INVESTWAY, which may vary from market to market and from time to time;
6.5 You understand that INVESTWAY has not entered into any form of fiduciary or brokerage relationship with you solely by granting you access to, and use of, the Content available on the Investway Website. Any form of fiduciary or brokerage relationship between INVESTWAY and you shall not exist unless and until an INVESTWAY agent shows you property available for sale or lease, or you request an INVESTWAY agent to assist you in procuring a real estate sales or lease contract on terms acceptable to you for the purchase, rental, or sale of a parcel of real estate;
6.6 You understand that at such time as an Investway agent shows you property available for sale or lease, or you request an INVESTWAY agent to assist you in arranging a real estate transaction, to which you are a party, you will be entering into a brokerage relationship with INVESTWAY in which INVESTWAY will be assuming certain duties and obligations relating to the services it will be rendering to you during the course of that relationship. An INVESTWAY agent will disclose to you the nature and extent of those duties and obligations no later than at the time you enter into a brokerage relationship with INVESTWAY;
6.7 Notwithstanding Paragraphs 6.5 and 6.6, you agree that by reason of your accessing the Content available on the INVESTWAY Website, you have become a bona fide customer of INVESTWAY who is seeking information about real estate brokerage services relating to your potential purchase, lease, or sale of real estate of the type, location, and price range specified in any searches you have performed, or will perform, using the Content and the functionality available to you at the INVESTWAY Website;
6.8 You agree that you will not attempt to contact the seller of any Multiple Listing Service (MLS) listed property that you have identified by using INVESTWAY’s Website and that you will not attempt to enter onto any such property except through an appointment arranged by an agent or employee of INVESTWAY;
6.9 You agree to immediately notify INVESTWAY in the event that the you enter into agreement with another broker;
7. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will create a password and account during the Service registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify INVESTWAY of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. INVESTWAY cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
8. MEMBER CONDUCT
You agree not to use the Service to:
a. upload, post, email, transmit or otherwise make available any Information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. Impersonate any person or entity, including, but not limited to, an INVESTWAY official, forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Information transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Information that infringes any patent, trademark, trade secret, copyright or other proprietary rights (Rights) of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas that are designated for such purpose and within the scope of such designation;
h. upload, post, email, transmit or otherwise make available 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;
i. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
j. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; or
k. stalk or otherwise harass another.
You acknowledge that INVESTWAY does not pre-screen any Content working in coordination with the Service, but that INVESTWAY and its designees shall have the right (but not the obligation) in their sole discretion to rescind use of the Service. You acknowledge and agree that INVESTWAY may preserve Information and may also disclose Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Information violates the rights of third-parties; or (d) protect the rights, property, or personal safety of INVESTWAY, its users and/or the public. You understand that the technical processing and transmission of the Service, including your Information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
9. TERMS, FEES AND PAYMENTS
9.1 By registering for the Website, you agree to the fee designated for the Service level you select based on the advertised current pricing posted on the website at the time of registration unless notified of price change. Subject to your right to terminate the Service prior to the expiration of a Trial Period — if any — as described in the following section, you agree to pay the following amounts for the minimum period specified.
9.2 Subject to the terms in Section 9.9 below, your membership will continue automatically at the monthly rate applicable to the Service, which you have selected unless terminated by INVESTWAY or until you notify INVESTWAY of your decision to terminate the Service. Upon the expiration of the initial period, your membership will automatically renew on a month-to-month basis at the same monthly rate, as applicable, unless you elect to terminate the Service or enroll in another version of the Service.
9.3 If, when registering, you signed up for a membership with a “Trial Period,” you will be allowed a period during which you can try out the Service. If you terminate the Service prior to the expiration of the Trial Period, you will not have any further obligation with respect to the version of the Service that you have committed to. The Trial Period will expire upon a certain number of days following the date you initially sign up for the Service (refer to the confirmation provided on the site or via email for the specific terms of your trial period).
9.4 Each month during the term of this Agreement following the expiration of any Trial Period, the monthly fees for use of the Service will be billed automatically to the credit card you designated during the Service registration process or subsequently designated to INVESTWAY. You agree to pay or have paid all fees and charges incurred in connection with your unique ID and password for the Service (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. If you want to designate a different credit card or there is a change in credit card validity or expiration date, you may edit your user information through the member’s area at http://www.investway.com. If you believe someone has accessed the Service using your ID and password without your authorization contact us www.investway.com/contact.
9.5 Payment must be made by a major credit card accepted by INVESTWAY (currently, VISA, MasterCard, AMEX, Discover). Cash will not be accepted unless prior authorization by INVESTWAY. The billing period ends each month on the monthly anniversary of your activation date (“Billing Date”). If, however, the Billing Date would be the 29th, 30th or 31st day of a month, the Billing Date will be the first day of the following month. If INVESTWAY does not receive payment from the credit card issuer or its agent, you agree to pay all amounts due upon demand by INVESTWAY. Your card issuer agreement governs your use of your designated card in connection with the Service, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. YOU, AND NOT INVESTWAY, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.
9.6 If INVESTWAY does not receive the full amount of your Service account balance within thirty (30) days of the Billing Date, a late payment charge of one and one-half percent (1.5%) per month (or the highest amount allowed by law, whichever is lower) may be added to your bill and immediately become due and payable. Unless you notify INVESTWAY of any discrepancies within sixty (60) days after they first appear on your account statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer. You release INVESTWAY from all liabilities and claim of loss resulting from any error or discrepancy that is not reported to INVESTWAY within sixty (60) days of its first appearance on an invoice or credit card statement.
9.7 You agree to pay INVESTWAY reasonable attorney’s fees and costs incurred by INVESTWAY to collect any past due amounts. Your account may be deactivated without further notice if payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your Service account.
9.8 You are responsible for paying any governmental taxes imposed on your use of the Service, including, but not limited to, sales, use or value-added taxes. You are solely responsible for arranging payment for any and all additional or premium charges for your use of any third party services via the Service.
9.9 INVESTWAY RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR THE WEBSITE CONTENT, OR SERVICES, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING AT http://www.investway.com. INVESTWAY MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL. If any such change is unacceptable to you, you may terminate your subscription to the Service. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE.
You agree to indemnify and hold INVESTWAY, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Information you submit, post, transmit or make available through the Services, your use of the Services, your connection to the Services, your violation of the TOS, or your violation of any rights of another.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service, other than as provided within the scope of the Service.
12. MODIFICATIONS TO SERVICE
INVESTWAY reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. INVESTWAY will not be responsible to you for refund, in whole or part, of service fees for any reason. You agree that INVESTWAY shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that INVESTWAY, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Information within the Service, for any reason, including, without limitation, for lack of use, failure to timely pay any fees or other moneys due INVESTWAY, or if INVESTWAY believes that you have violated or acted inconsistently with the letter or spirit of the TOS. INVESTWAY may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that INVESTWAY may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that INVESTWAY shall not be liable to you or any third-party for any termination of your access to the Service.
The Service may provide, or third parties may provide, links to other World Wide Websites or resources. Because INVESTWAY has no control over such sites and resources, you acknowledge and agree that INVESTWAY is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that INVESTWAY 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 site or resource.
15. INVESTWAY’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (Software) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by INVESTWAY, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. INVESTWAY grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Services by any means other than through the interface that is provided by INVESTWAY for use in accessing the Service.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. INVESTWAY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. INVESTWAY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INVESTWAY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT INVESTWAY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INVESTWAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THE TOS SECTIONS MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. Our mailing address is Investway, LLC, 10000 N Central Expy, Suite 400, Dallas, TX 75231, USA.
20. TRADEMARK INFORMATION
INVESTWAY trademarks, service marks, and other INVESTWAY logos, product and service names are owned by and /or trademarks of INVESTWAY (the INVESTWAY Marks). Without INVESTWAY’s prior permission, you agree not to display or use in any manner, the INVESTWAY Marks.
21. GENERAL INFORMATION
A. Entire Agreement. The TOS constitutes the entire agreement between you and INVESTWAY and governs your use of the Service, superseding any prior agreements between you and INVESTWAY. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party Information or third-party software.
B. Choice of Law. The TOS and the provision of Service to you are governed by the laws of the state of Texas, U.S.A.
C. Arbitration. Any controversy or claim arising out of or relating to the TOS or the provision of Service shall be finally settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Dallas, Texas, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. However, you and INVESTWAY agree to submit to the personal jurisdiction of the courts located within the city and county of Dallas, Texas. Either you or INVESTWAY may seek any interim or preliminary relief from a court of competent jurisdiction in Dallas, Texas necessary to protect the rights or property of you or INVESTWAY (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
D. Invalid Provisions. The failure of INVESTWAY to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
E. Time to File Claim. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
F. Titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS here.
This Terms of Service Agreement was last Updated on 9/27/2013.