Terms Of Use
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InvestorLoft is a DBA of InvestorLoft, LLC, a Limited Liability Corporation registered in the State of Colorado. The InvestorLoft website located at http://www.InvestorLoft.com (InvestorLoft Website) is a website owned and operated by InvestorLoft, LLC.
The submission of information to, and use of any and all information services available through the InvestorLoft Website is subject to the following terms and conditions (the "Terms Of Use Agreement"). Please read this Terms of Use Agreement carefully. By interacting with, submitting information to, and/or accessing information from the InvestorLoft Website, You, the end user Client (Client) AGREE TO ALL OF THE TERMS AND CONDITIONS In this InvestorLoft Terms Of Use Agreement .These Terms and Conditions are a legal agreement between you and InvestorLoft LLC.
If you do not agree to these Terms and Conditions, do not submit information to, or access information from the InvestorLoft Website. InvestorLoft may update the InvestorLoft Website terms of use at any time without notice, and continued interactions with the InvestorLoft 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 InvestorLoft Website. Investorloft.com and the featured sponsors, professionals, advertisers, and/or inventory providers shown on InvestorLoft.com are not affiliated. InvestorLoft.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. InvestorLoft.com and our affiliates have not verified the information and make no guarantee, warranty or representation about it. InvestorLoft.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@investorloft.com OR By Mail to: InvestorLoft LLC 1666 Race St. Denver, Co. 80206 ATTN: Member Support MEMBERSHIP PRIVILEGESBy providing us with your email address and becoming an InvestorLoft.com member, you are giving us permission to send you electronic newsletters and email notifications that are provided as services by InvestorLoft.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 InvestorLoft Website site without express written permission from InvestorLoft LLC. Membership privileges to InvestorLoft Website are granted by InvestorLoft LLC to those who are offered the opportunity to join the InvestorLoft Website through invite or referral, and only after choosing to sign up as an InvestorLoft 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 InvestorLoft LLC. 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 InvestorLoft Website. Members are not permitted to share their individual logon information with others. InvestorLoft LLC has the right to refuse InvestorLoft Website access to any person who refuses to abide by the terms and conditions herein or abuses their rights related to the InvestorLoft Website. InvestorLoft utilizes email as a vital and primary communication channel with Clients. As a Member, Member hereby acknowledges and grants InvestorLoft LLC and the InvestorLoft Website the permission to communicate with Member via email (as well as other communication channel such as phone and/or fax) for any purposes InvestorLoft LLC and or InvestorLoft Staff determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. InvestorLoft LLC will use best efforts to honor Client's request to opt out of marketing messages, but under no circumstances will InvestorLoft LLC have any liability for sending any email to InvestorLoft Website Registered Members. USE OF INFORMATIONClient agrees to treat all information obtained from the InvestorLoft 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 "InvestorLoft Content" (InvestorLoft Content) as proprietary to InvestorLoft LLC. Client agrees that Content reserved for Members will be maintained as confidential and shall be protected as a trade secret of InvestorLoft LLC. InvestorLoft LLC does not ensure the accuracy of, endorse or recommend any InvestorLoft 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 InvestorLoft Content to personal and internal use, and shall not use Listings or any other InvestorLoft 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 InvestorLoft 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 InvestorLoft by Law.Submission and Administration of ListingsClient agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each Property's data to InvestorLoft 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 InvestorLoft 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 InvestorLoft Website. InvestorLoft LLC 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, InvestorLoft LLC 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. InvestorLoft LLC 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 InvestorLoft LLC 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 InvestorLoft Website. InvestorLoft LLC 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 InvestorLoft Website and InvestorLoft LLC 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 InvestorLoft Webite 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. InvestorLoft LLC reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the InvestorLoft Website. InvestorLoft LLC accepts no responsibility for checking the accuracy of reports or data files submitted by the Client. While InvestorLoft LLC 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 InvestorLoft LLC for InvestorLoft Website.REFERRAL AGREEMENT- (Licensed Real Estate Agents Only)Members who are licensed real estate agents and who send referrals (Referring Member) will be assigned to said referrals as the local expert on real estate within the state chosen in their InvestorLoft.com profile (designated state). Outside the Referring Member’s designated state, referrals will be assigned a licensed buyer’s agent who has agreed to pay Referring Member a referral fee equivalent to 25% of the gross commission received by said buyer’s agent. This shall apply to all referrals from Referring Member for as long as the Referring Member remains a member of Investorloft.com.DISCLAIMERS AND LIMITATIONSInvestorLoft LLC will make every reasonable effort to ensure that the information contained in this InvestorLoft Website is accurate and reliable; however, errors sometimes occur. In addition, InvestorLoft 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." INVESTORLOFT 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 INVESTORLOFT'S SERVICES IS AT CLIENT'S OWN RISK. INVESTORLOFT 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 INVESTORLOFT'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 INVESTORLOFT 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 INDEMNIFICATIONAS A CONDITION OF USE OF THIS WEB SITE AND/OR INVESTORLOFT WEBSTE SERVICES. CLIENT AGREES THAT IN NO EVENT SHALL InvestorLoft LLC 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 THIS AGREEMENT. Client's exclusive remedy, and InvestorLoft LLC's entire liability under this Agreement shall be a refund to Client of the fees paid to InvestorLoft Website hereunder, and in no event will InvestorLoft liability for any reason exceed such fee. InvestorDig LLC (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 InvestorLoft LLC (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.LINKS TO THIRD PARTIESThis 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. InvestorLoft LLC does not operate or control in any respect any information, software, products or services available on such Web sites. InvestorLoft LLC inclusion of a link from InvestorLoft Website to a Third part y Website does not imply any endorsement of the services or the site, its contents, or its sponsoring organizations.ERRORS AND DELAYSInvestorLoft LLC 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)InvestorLoft LLC prohibits the use of the InvestorLoft Website to generate or send unsolicited commercial email (spam). Clients may not use any email services that InvestorLoft offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. InvestorLoft 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 GRANTInvestorLoft LLC retains all rights (including intellectual property rights), title and interest in the InvestorLoft Website, InvestorLoft Content, InvestorLoft Website Database, InvestorLoft 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 InvestorLoft Website technology or delete or alter author attributes or copyright notices. Client shall use the InvestorLoft Website solely for their own use and shall not allow others to use the InvestorLoft 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. NoticesAll notices to InvestorLoft LLC must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to InvestorLoft LLC physical address. Assignment 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 InvestorLoft LLC, which retains the right to withhold consent in its sole discretion. OTHER TERMSThis Agreement constitutes the entire agreement between the Client and InvestorLoft LLC and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between the Client and InvestorLoft LLC with respect to InvestorLoft Website and information, software, products and services associated with it. Other Rights of InvestorLoft LLCClient agrees that InvestorLoft LLC shall have the right to use Listings and other information submitted to InvestorLoft Website for any purpose, including without limitation for publication of all or part of such Listing on the Internet for unrestricted use by InvestorLoft LLC Clients and partners. InvestorLoft LLC 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. InvestorLoft LLC shall have no obligation to (i) resolve disputes among users of the InvestorLoft Webite; or (ii) monitor or verify the accuracy or proper use of the Listings. InvestorLoft LLC 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 InvestorLoft InvestorLoft Website, located at http://www.InvestorLoft.com. GOVERNING LAWThis 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.Click Here to Close this Window |