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Terms of Use

Investability is a DBA of REIsmart, LLC, a limited liability company organized in the State of Colorado. Http://www.Investability.com (Investability Website) is a website owned and operated by REIsmart, LLC. The submission of information to, and use of any and all information services available through the Investability Website are subject to the following terms and conditions (the "Terms Of Use Agreement"). Please read this Terms of Use Agreement carefully. By using the Investability Website, You, the end user Client (Client) AGREE TO ALL OF THE TERMS AND CONDITIONS in this Investability Terms Of Use Agreement.This Terms of Use Agreement is a legal agreement between you and Investability.

If you do not agree to these Terms and Conditions, you should discontinue use of the Investability.com Website immediately. Investability may update the Investability Website terms of use at any time without notice, and continued interactions with the Investability website constitute acceptance of the most recently updated Terms of use Agreement. The latest Terms of Use Agreement is available at all times on the Investability Website.

Investability.com and the featured sponsors, professionals, advertisers, and/or inventory providers shown on Investability.com are not affiliated. Investability.com does not endorse, guarantee, warrant, and/or evaluate information, services, performance, and/or opportunities provided by our featured sponsors, professionals, advertisers, and/or inventory providers.

Any information, variables and calculation results shown are for illustrative purposes only and should not be relied on as your sole or primary means for making real estate investment decisions. Investability.com and our affiliates have not verified the information and make no guarantee, warranty or representation about it. Investability.com recommends that you consult a licensed real estate professional to perform an independent analysis before making decisions regarding the purchase or sale of real estate.

All questions concerning this Agreement should be directed to:
customerservice@investability.com
OR By Mail to:
Investability
11030 Circle Point Rd Suite 250
Westminster, CO. 80020
ATTN: Member Support

MEMBERSHIP PRIVILEGES

By providing us with your email address and becoming an Investability.com member, you are giving us permission to send you electronic newsletters and email notifications that are provided as services by Investability.com. Of course, you may elect to opt-out of the receipt of these services at any time by simply responding to the service that you received.

No employee, independent contractor, agent, or affiliate of a competing real estate information service is permitted to access any of the Password Protected Areas of the Investability Website site without express written permission from Investability. Membership privileges to Investability Website are granted by Investability to those who are offered the opportunity to join the Investability Website through invite or referral, and only after choosing to sign up as an Investability Registered Member (Member) exclusively and are granted to the Registered Member only. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered Member without the express written permission of Investability. Use of the site requires that each Member maintain a valid email address and a password, which shall be utilized for logging on to the Investability Website. Members are not permitted to share their individual logon information with others. Investability has the right to refuse Investability Website access to any person who refuses to abide by the terms and conditions herein or abuses their rights related to the Investability Website.

Investability utilizes email as a vital and primary communication channel with Clients. As a Member, Member hereby acknowledges and grants Investability and the Investability Website the permission to communicate with Member via email (as well as other communication channel such as phone and/or fax) for any purposes Investability and or Investability Staff determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. Investability will use best efforts to honor Client's request to opt out of marketing messages, but under no circumstances will Investability have any liability for sending any email to Investability Website Registered Members. Your permission to use the Investability Website is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:

  • post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
  • use the service for any unlawful purpose or for the promotion of illegal activities;
  • attempt to, or harass, abuse or harm another person or group;
  • use another user's account without permission;
  • provide false or inaccurate information when registering an account;
  • interfere or attempt to interfere with the proper functioning of the Service;
  • make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • bypass any robot exclusion headers or other measures we take to restrict access to the Investability data or use any software, technology, or device to scrape, spider, or crawl the Investability Website or harvest or manipulate data; or
  • publish or link to malicious content intended to damage or disrupt another user's browser or computer

USE OF INFORMATION

Information deemed reliable but not guaranteed. Any information, variables and calculation results shown are estimates and for illustrative purposes only and should not be relied on as your sole or primary means for making real estate investment decisions. The site owners and its affiliates have not verified the information and make no guarantee, warranty or representation about it. We highly recommend that you consult a licensed real estate professional to perform an independent analysis before making decisions regarding the purchase or sale of real estate.

Client agrees to treat all information obtained from the Investability Website, including listings, search format, search methodology, resource information, forum information, and any information otherwise made available to the Client, individually and collectively known as "Investability Content" (Investability Content) as proprietary to Investability. Client agrees that Content reserved for Members will be maintained as confidential and shall be protected as a trade secret of Investability. Investability does not ensure the accuracy of, endorse or recommend any Investability Website Content and Client uses such Content at the Clients own risk. Client may access the Listings solely to obtain initial information from which further evaluation and investigation may commence. Client shall limit access to and use of Listings and all Investability Content to personal and internal use, and shall not use Listings or any other Investability Content for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Client shall not use or reproduce Listings obtained from the Service for or in connection with any other listing service or device. Client violating these specific terms, including those Clients utilizing the Investability Website in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership, and any and all other remedies available to Investability by Law.

Submission and Administration of Listings

Client agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each Property's data to Investability Webite unless the Client has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the Property on the Client's website or on Investability Website. Specifically, Client will not submit a photograph if Client received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph on the Investability Website. Investability may, in its sole discretion but without any obligation to search for such, remove Properties that are alleged to have been submitted in violation of this provision. In addition, Investability may require additional evidence of compliance with this provision from Clients who are alleged to have submitted Properties or other information in violation of this Agreement. Investability will, in its sole discretion, terminate the accounts of, and refuse service to, any Client who repeatedly or knowingly violates this Agreement. Client agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active property listings on the Investability website. Additionally, the Client agrees to allow the Property listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Client's website or the Investability Website. Investability shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Investability Website and Investability shall have the right to modify the property listing in the exercise of its rights under this Agreement. The Client (a) represents and warrants that all Properties and associated information provided by the Client will be accurate; (b) agrees that the Client will not permit the posting of a property on the Investability Website under a name other than the named licensed real estate agents that have been engaged by the property owner to market the property under the terms of a duly executed listing agreement with the owner; (c) agrees to administer the Properties provided by the Client and maintain their accuracy at all times. Investability reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the Investability Website. Investability accepts no responsibility for checking the accuracy of reports or data files submitted by the Client. While Investability shall take all reasonable efforts for data backup and business resumption, the Client will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to Investability for Investability Website.

By posting any information via the Investability Website, you expressly grant, and you represent and warrant that you have a right to grant, to Investability a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such information and your name, voice, and/or likeness as contained in your information, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Investability website.You understand and agree that any liability, loss or damage that occurs as a result of the use of information that you make available or access through your use of the Investability website is solely your responsibility. The Company is not responsible for any public display or misuse of your submissions. The Company does not, and cannot, pre-screen or monitor all submissions. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Investability Website.

DISCLAIMERS AND LIMITATIONS

Investability will make every reasonable effort to ensure that the information contained in this Investability Website is accurate and reliable; however, errors sometimes occur. In addition, Investability may make changes and improvements to the information provided herein at any time. THIS WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." INVESTABILITY AND/OR ITS SUPPLIERS OR REAL ESTATE INVESTOR PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THIS WEB SITE AND/OR INVESTABILITY'S SERVICES IS AT CLIENT'S OWN RISK. INVESTABILITY AND/OR ITS SUPPLIERS OR REAL ESTATE INVESTOR PROFESSIONALS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE AND/OR INVESTABILITY'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF INVESTABILITY AND/OR ITS SUPPLIERS, OR REAL ESTATE INVESTOR PROFESSIONALS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO THE CLIENT.

LIMITATION OF LIABILITY AND INDEMNIFICATION

AS A CONDITION OF USE OF THIS WEB SITE AND/OR INVESTABILITY WEBSTE SERVICES. CLIENT AGREES THAT IN NO EVENT SHALL INVESTABILITY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, OR INTERRUPTION OF BUSINESS) ARISING OUT OF (1) THE USE OF, OR THE INABILITY TO USE, THE INVESTABILITY WEBSITE; (2) ANY SERVICES OR PRODUCTS ADVERTISED THROUGH THE SITE; (3) THE CONDUCT OF OTHER USERS OF THE SITE; (4) THIS TERMS OF USE AGREEMENT; OR (5) ANY INFORMATION (INCLUDING PERSONAL INFORMATION), CONTENT (INCLUDING USER CONTENT), MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, EVEN IF INVESTABILITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE.. Client's exclusive remedy and Investability's entire liability under this Agreement shall be a refund to Client of the fees paid to Investability Website hereunder, and in no event will Investability liability for any reason exceed such fee. Investability (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Client's use of the Deliverables, and Client shall indemnify Investability (and its officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys' fees) as a result of a claim by any person other than Client arising from Client's use or application of the Services or the Deliverables.

TO THE FULLEST EXTENT PERMITTED BY LAW, INVESTABILITY SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR ONLY REMEDY AGAINST INVESTABILITY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE. THAT SAID, IF INVESTABILITY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE OR ANY CONTENT, INVESTABILITY'S LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION.

LINKS TO THIRD PARTIES

This Web site may contain links to Websites maintained by third parties providing access to educational content, financial information and/or real estate investor services to the Client. These links are provided for the Client's convenience and reference only. Investability does not operate or control in any respect any information, software, products or services available on such Web sites. Investability inclusion of a link from Investability Website to a Third party Website does not imply any endorsement of the services or the site, its contents, or its sponsoring organizations.

ERRORS AND DELAYS

Investability is not responsible for any errors or delays in responding to an offer, counteroffer, inquiry or accessing real estate investor professional services caused by an incorrect e-mail address provided by the Client or third party service provider, or other technical problems within or beyond our reasonable control.

UNSOLICITED COMMERCIAL EMAIL (SPAM)

Investability prohibits the use of the Investability Website to generate or send unsolicited commercial email (spam). Clients may not use any email services that Investability offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. Investability has the right to revoke the privileges of any Client that breaches these terms, and terminate their account and keep any membership fees that have been paid by the offending Client.

OWNERSHIP AND LICENSE GRANT

Investability retains all rights (including intellectual property rights), title and interest in the Investability Website, Investability Content, Investability Website Database, Investability Technology, and all underlying technology and data including any enhancements and improvements thereto. Client will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of Investability Website technology or delete or alter author attributes or copyright notices. Client shall use the Investability Website solely for their own use and shall not allow others to use the Investability Website under or through that Client login email and password. Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.

All notices to Investability must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Investability physical address.

This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Client without the prior written consent of Investability, which retains the right to withhold consent in its sole discretion.

OTHER TERMS

This Agreement constitutes the entire agreement between the Client and Investability and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between the Client and Investability with respect to Investability Website and information, software, products and services associated with it. Other Rights of Investability

Client agrees that Investability shall have the right to use Listings and other information submitted to Investability Website for any purpose, including without limitation for publication of all or part of such Listing on the Internet for unrestricted use by Investability Clients and partners. Investability shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. Investability shall have no obligation to (i) resolve disputes among users of the Investability Webite; or (ii) monitor or verify the accuracy or proper use of the Listings. Investability reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on Investability Investability Website, located at http://www.Investability.com.

GOVERNING LAW

This Agreement shall be subject to and construed in accordance with the laws of the State of Colorado, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.